Mr. Seward to Mr. Mercier.
Sir: I have carefully read your excellency’s note of the 31st of October, in which I am requested to express my concurrence in the views of the laws affecting the claims of persons who may claim exemption from military service in the United States on the ground of a supreme allegiance to the Emperor of the French. You arrange such persons into ten distinct classes, and ask from me a categorical opinion in regard to the title of persons belonging to each of these classes to the waiver or exemption.
This government could not justly be asked to express itself upon even one proposition of that character, unless an actual case of the draft of a person falling within the terms of the proposition should arise. It would be still more inconsistent to pronounce categorically upon the several propositions of the same character if circumstances should not render such a proceeding indispensable to [Page 812] the protection of any individuals, or to the interests of the United States. I am satisfied, from what has already fallen under my notice, that there is no probability that cases will arise requiring so comprehensive an examination of the subject. Returns of drafted persons have been received at this department from three States, in all including two hundred and seventeen persons. Of them only two persons have claimed exemption on the ground of their owing allegiance to France. Each of these presented his claims directly to the department, under the official invitation extended for that purpose, without the intervention of any diplomatic or consular agent of the French government. One has already been pronounced exempt, and the other probably will be on the coming in of the evidence in his case.
I could not at present sanction all the positions assumed in your proposed circular. At the same time only inconvenience could result from unnecessarily controverting any of them. I propose, therefore, as the best way, to leave you at entire liberty to issue such instructions to your consuls as you think proper, and upon your own responsibility, reserving at the same time for myself a consideration of principles involved as the cases actually arise.
By the words a priori in your circular, I understand you to mean prima facie, and if this is so, I have no objection to make; otherwise it would be necessary for me to say that while I should pay the highest possible respect to a consular certificate of the facts in a case, I could not admit it to be conclusive so as to prevent my receiving contradictory evidence to rebut it and deciding in any case, as a full examination of all conflicting evidence should require.
To conclude, I would observe that the apprehensions of timid persons have very much magnified hazards of the draft. I am satisfied that it will be entirely easy to dispose of the claims to exemption as they arise, to the entire satisfaction of your government and my own, without attempting to agree upon a protocol on a subject whose conflicts of law are so often encountered.
I have the honor to be, with high consideration, sir, your obedient servant,
Mr. Henry Mercier, &c., &c., &c.