Lord Lyons to Mr. Seward.
Sir: Mr. Wilkins, her Majesty’s consul at Chicago, has forwarded to me copies of correspondence, from which it appears that the governor of Wisconsin has referred to your decision the claims to exemption from compulsory military service put forward by native-born British subjects in that State, who have declared their intention to become citizens of the United States, and have voted at the State elections, but who have not become actual citizens of the United States. I am anxious, therefore, to direct your attention, without delay, to some considerations bearing upon this class of claims. I am aware that you have already expressed an opinion on the question in a note which you did Mr. Stuart the honor to write to him, on the 24th of last month. I am, nevertheless, confident that you will be ready to allow all due weight to the arguments adduced by claimants in the State of Wisconsin, as Well as in other States in which the laws are similar, in support of their demand for exemption.
The claimants maintain that in the States in which they reside, the law permits them to vote at elections while still continuing to be aliens. They deny that by the exercise of this right of suffrage they become citizens of such States, and declare, on the contrary, that the law not ceasing to regard them as aliens, denies them several of the privileges of citizens; as, for instance, in the State of Illinois, that of holding civil or military office; in the State of Wisconsin, that of serving on juries. They allege, moreover, that the federal Constitution and the federal laws recognize no citizenship of a State which is not at the same time a citizenship of the United States, and they quote, in support of this position, Article IV, Section II, of the Constitution, which provides that “the citizens of each State shall be entitled to all privileges and immunities of citizens of the several States.” They affirm that the power of naturalization is exclusively in the federal government; that the power has been exercised by the enactment of statutes prescribing the conditions on which and the proceedings by which an alien is converted into a citizen, and that without these he remains an alien for all intents and purposes of federal legislation. They assert that they [Page 469] have voted under a State law not purporting to naturalize them, but conferring the privilege of voting, notwithstanding alienage, and that this proves nothing; but that the particular State, for reasons of policy, has thought proper to pass such a law, and that they have availed themselves of it, without professing to relinquish their alien States.
Finally, the claimants maintain that the United States government does not regard them as citizens, nor extend to them protection as such; that, consequently, they are still aliens to the United States, and entitled to claim the protection of their original sovereign; that they are not admitted to the full privileges of citizens, and consequently are not to be subjected to the peculiar burdens of citizenship.
Having thus laid before you a summary of the principal arguments adduced by these claimants, I venture again to recommend the matter to your early attention. Mr. Wilkins informs me that the claimants in the State of Wisconsin have been ordered to report at once to the camp of rendezvous, and there await your decision. I am, moreover, beset with applications from men drafted, or apprehensive of being drafted, in other States, who claim exemption on similar grounds.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Hon. William H. Seward, Secretary of State.