Mr. Seward to Lord Lyons..
My Lord: The frequency with which applications for exemption from liabilities as citizens of the United States are made by persons born within her Britannic Majesty’s dominions, who are believed to have relinquished by domicile or otherwise all right to their original nationality, makes it necessary that I should request you to instruct the British consuls in this country to continue to be especially careful in the examination of those who prefer claims before them upon this government in the character of British subjects, and to state fully the circumstances affecting their right to that character in the representations they may submit to your lordship. It is apprehended, too, that as, according to the local law in most parts of the United States, a foreign consul has no right to administer an oath which could legally affect any matters of person or property, if a man swears before such consul that he has never been naturalized or has never voted, and the reverse were afterwards to be proved, the perjurer could not be convicted of that crime. It is consequently quite probable that not a few are led so to swear from being made aware of this fact. It is therefore advisable that all affidavits to be used in such cases should be made before [Page 469] a local magistrate. The consul may grant or refuse the certificate of nationality according to the result. That certificate, however, cannot be regarded as conclusive; but while due weight will always be given to it, yet of necessity in every instance it will be liable to be rebutted by counter proof.
I have the honor to be, with high consideration, your lordship’s obedient servant,
Right Hon. Lord Lyons, &c., &c., &c.