Office of the Historian

Mr. Seward to Lord Lyons.

Department of State, Washington, March 23, 1863.

My Lord: Referring to your note of the 21st ultimo, and to my reply, relative to the terms of an oath to have been administered to aliens, as a condition for carrying on manufacturing or commercial business at Memphis, Tennessee, I have the honor to transmit with this note a copy of a communication from the Assistant Secretary of War, of the 16th instant, upon the subject.

I have the honor to be, my lord, with the highest consideration, your very obedient servant,

WILLIAM H. SEWARD.

Right Hon. Lord Lyons, &c., &c., &c.

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Mr. Watson to Mr. Seward.

War Department, Washington City, March 16, 1863.

Sir: The Secretary of War directs me respectfully to inform you that, on the reference to the Adjutant General of the communication of Lord Lyons, of the 21st ultimo, relative to modifying the terms of a certain oath in cases in which it is tendered to a British subject, to which attention was invited in your note of the 24th ultimo, and of which reference you were advised on the 6th instant, that officer has reported thereon, by transmitting the copy of a letter addressed by him, under the instructions of this department, to the commanding officer at Memphis, Tennessee, upon the point submitted by Lord Lyons, and enclosing the general order therein.

Copies of these papers are herewith transmitted for your information, which, it is believed, will satisfy Lord Lyons that no injustice to a British subject need be apprehended in the premises.

I have the honor to be, sir, your obedient servant,

P. H. WATSON, Assistant Secretary of War.

Hon. William H. Seward, Secretary of State.

Assistant Adjutant General Townsend to Brigadier General Sherman.

War Department, Adjutant General’s Office, Washington, December 3, 1862.

Sir: The Secretary of State has submitted to the Secretary of War a note from the minister resident of Italy, presenting the complaint of an Italian subject residing in Memphis, Tennessee, named Michele, that he has been required to take an oath of allegiance to the United States as a condition of his being permitted to transact business at Memphis.

The Secretary of War directs me to say that such an oath, in so far as it requires an alien to bear allegiance to the government of the United States, is contrary to the spirit and letter of General Orders No. 82, (copy enclosed here with,) which, while it leaves a military commander the right of excluding all dangerous persons from the limit of his command, and also, as a general rule, the right to prescribe conditions on which such persons may remain therein, does not permit even a qualified oath of allegiance to be exacted from an alien.

The Secretary directs that, if such an oath has been exacted from Michele, it shall be deemed null and void.

I am, sir, very respectfully, your obedient servant,

E. D. TOWNSEND, Assistant Adjutant General.

Brigadier General W. F. Sherman, U. S. Volunteers, or Com’dg General, Memphis, Tennessee.