No. 8.
Acting Consul Walker to Earl
Russell.—(Received November 27.)
Charleston,
October 15, 1863.
My Lord: I have the honor to transmit to your
lordship herewith a copy of a despatch I have this day received from Mr.
Benjamin, the secretary of the so-called Confederate States, conveying to me
the orders of the president of the same promptly to withdraw from the
confederacy, and in the mean time to cease the exercise of consular
functions within its limits. I also transmit a copy of a despatch enclosed
to me by Mr. Benjamin, to which I am referred for the reasons which have
induced the president to adopt such a course.
Upon an examination of this despatch, it seems that Mr. Benjamin has
concluded from certain statements made by Mr. Fullarton, and from a
statement made by myself, that the consular agents of her Majesty have been
instructed not to confine themselves to an appeal for redress either to
courts of justice or to the confederate government whenever they may
conceive that grounds exist for complaint against the confederate
authorities in their treatment of British subjects, but that they assume the
power of determining for themselves whether enlisted soldiers of the
confederacy are properly bound to its service; that they even arrogate the
right to interfere directly with the execution of the confederate laws, and
to advise soldiers of the confederate armies to throw down their arms in the
face of the enemy. As these conclusions and surmises are entirely
inapplicable to this consulate, I have taken upon myself to reply to Mr.
Benjamin’s despatch, and to controvert his positions in
toto, in the most emphatic manner possible; and as he has thought
proper to give publicity to the whole affair by causing it to
[Page 839]
be published in the Richmond
Sentinel, I have submitted to him that justice to her Majesty’s government,
and to myself, requires a like publication of my reply to him.
I have the honor to transmit herewith a copy of that reply.
I have, &c.,
[Enclosure 1 in No. 8.]
Mr. Benjamin to Acting Consul Walker.
Department of State,
Richmond,
October 8, 1863.
Sir: For the reasons expressed in the enclosed
copy of a letter from this department to the acting British consul at
Savannah, I have to convey to you the orders of the president that you
promptly withdraw from the confederacy, and that in the mean time you
cease to exereise any consular functions within its limits.
I am, &c.,
J. P. BENJAMIN, Secretary of
State.
[Enclosure 2 in No. 8.]
Mr. Benjamin to Acting Consul Fullarton.
Department of State,
Richmond,
October 8, 1863,
Sir: Your letters of the 1st and 3d instant
have been received. You inform this government that “under your
instructions you have felt it to be your duty to advise British subjects
that, whilst they ought to acquiesce in the service required so long as
it is restricted to the maintenance of internal peace and order,
whenever they shall be brought into actual conflict with the forces of
the United States, whether under the State or confederate governments,
the service so required is such as they cannot be expected to
perform.”
Your correspondence with the governor of Georgia, leaves no doubt of the
meaning intended to be conveyed by this language.
In that correspondence you state that “under instructions you have felt
your self compelled to advise those drafted to acquiesce until called
from their homes, or to meet the United States forces in actual
conflict, but in that event to throw down their arms, and refuse to
enter a service directly in the teeth of her Majesty’s proclamation, and
which would incur the severe penalties denounced in the neutrality
act.”
In a communication from the acting British consul in Charleston to the
military authorities, he also informed them that “he has advised the
British subjects generally to acquiesce in the State militia
organizations, but at the same time he informed them that in the event
the militia should be brought into conflict with the forces of the
United States, either before or after being turned over to the
confederate government, the services required of them would be such as
British subjects could not be expected to perform.”
It thus appears that the consular agents of the British government have
been instructed not to confine themselves to an appeal for redress
either to courts of justice or to this government whenever they may
conceive that grounds exist for complaint against the confederate
authorities in their treatment of British subjects,
[Page 840]
(an appeal which has in no case been made
without receiving just consideration,) but that they assume the power of
determining for themselves whether enlisted soldiers of the confederacy
are properly bound to its service; that they even arrogate the right to
interfere directly with the execution of confederate laws, and to advise
soldiers of the confederate armies to throw down their arms in the face
of the enemy.
This assumption of jurisdiction by foreign officials within the territory
of the confederacy, and this encroachment on its sovereignty, cannot be
tolerated for a moment; and the president has had no hesitation in
directing that all consuls and consular agents of the British government
be notified that they can no longer be permitted to exercise their
functions, or even to reside, within the limits of the confederacy.
I am directed, therefore, by the president to communicate to you this
order, that you promptly depart from the confederacy, and that in the
mean time you cease to exercise any consular functions within its
limits.
I am, &c.,
J. P. BENJAMIN, Secretary of
State.
[Enclosure 3 in No. 8.]
Acting Consul Walker to Mr. Benjamin.
Charleston,
October 15, 1863.
Sir: I have the honor to acknowledge the
receipt on this day of your despatch to me of the 8th instant, conveying
to me the orders of the president that I promptly withdraw from the
confederacy, and in the mean time cease to exercise any consular
functions within its limits.
Your despatch encloses to me another addressed by you to her Britannic
Majesty’s acting consul at Savannah, to which I am referred for the
reasons which have induced the orders for my withdrawal which you have
conveyed to me.
I have accordingly examined that despatch, and I have the honor to
represent that justice to myself, and my duty to her Majesty’s
government, require that I should, without any hesitation, point out to
you how very serious are the mistakes you have fallen into.
However correct your premises may be, you are exceedingly unfortunate in
the conclusions you have arrived at. You conclude that “the consular
agents of the British government have been instructed not to confine
themselves to an appeal for redress, either to the courts of justice or
to your government whenever they may conceive that grounds for complaint
exist against the confederate authorities in their treatment of British
subjects.” The fact is not so, and I am sorry to be obliged to say you
are entirely mistaken.
You next conclude and assert that her Majesty’s consular Agents “assume
the power of determining for themselves whether enlisted soldiers of the
confederacy are properly bound to its service.”
To this assertion, so far as it refers to this consulate, I claim the
right to give the most unqualified denial, and I challenge the proof of
any action that has been taken, or any advice or countenance that has at
any time been given by me to any enlisted man; and with like emphasis do
I utterly deny that I have ever arrogated the right to interfere
directly or indirectly with the execution of confederate laws, or
extended any advice whatever to any of the soldiers of its armies upon
any topic whatsoever.
Therefore, in further denial of your assertions, unfounded so far as they
are applied to me, it becomes my turn to draw some conclusions; and they
are that I have not, as you allege, assumed any undue jurisdiction
within the territory
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of the
confederacy nor in any way encroached upon its sovereignty. In short,
the only assertion made in your despatch in which I can concur is that
in which you say no appeal has been made to you without receiving just
consideration. I have pleasure in admitting the truth of this statement,
and on proper occasion it lias given me pleasure to announce to her
Majesty’s government the satisfactory manner in which my appeals have
been received.
But I have now to complain that you have done to me both personally and
officially, and also to her Majesty’s government, very great injustice
by publishing throughout the southern States, as applicable to myself
and to this consulate, conclusions which are utterly without
foundation.
And I submit, therefore, to your just consideration that the injustice
complained of can only be removed by your giving to this despatch the
same publicity that you have been pleased to give to the charges you
have preferred.
I have the honor to request that such orders may be given as will enable
me to hold communication with any of her Majesty’s ships that may visit
the coast of this consular district.
I have, &c.,
