Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the Second Session Thirty-eighth Congress, Part II

Lord Lyons to Mr. Seward.

Washington, June 20, 1864.

Sir: I have the honor to acknowledge the receipt of the notes dated the 19th and 30th ultimo, which you have done me the honor to address to me, in answer to a note dated the 18th ultimo, in which I informed you that it had been represented to me by British subjects at Memphis, in Tennessee, that the military authorities at that place had threatened to expel all foreigners who refused to enrol themselves in the militia.

You have been so good as to inform me that the matter has been referred to the general commanding at Memphis for a report, and to promise to communicate the report to me when it is received. In the mean time you have done me the honor to forward to me a copy of an order of the military authority at Memphis respecting commercial intercourse with that place, and to state to me that you are under the impression that the rule concerning beleaguered places, like Memphis, is that foreigners shall either take up arms for their defence or depart therefrom.

I deem it right to call your attention to a further order of the military authority at Memphis, a copy of which I enclose. This order, which is dated the 2d instant, directs that no person exempted from the service in the militia, on the ground of his being a foreign subject, shall be allowed to engage in business in Memphis so long as he claims the benefit of the exemption.

Memphis is, no doubt, from its position, very liable to be attacked; but I trust that the United States authorities will candidly consider whether this fact suffices to warrant or necessitate a measure bearing so very hardly on foreigners, whose duty to their own sovereigns forbids their taking up arms in the present war.

I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,

LYONS.

Hon. William H. Seward, &c., &c., &c.

[Circular.]

Headquarters District of West Tennessee, Memphis, Tennessee, June 2, 1864.

Whereas many applications are made to be exempted from service in the militia, organized for the defence of Memphis, by reason of the parties being citizens or subjects of foreign powers, I state, for the information of all such, that exemptions will be granted when the parties applying have never taken the oath of allegiance to the government of the United States, or have not been engaged in the confederate service.

When persons natives of foreign countries apply for exemption, and it shall satisfactorily appear that they have taken the oath of allegiance of the government of the United States, or that they have been in the rebel service, all such persons will be sent out of the lines. All persons engaged in business in Memphis are so engaged by the permit, license, or sufferance of the military authorities, and it is not deemed either wise or prudent to allow persons to be so employed who are unwilling to defend the city when assailed.

Persons, therefore, whose health and age would otherwise subject them to militia duty, but who claim and receive exemption by reason of their being the subjects of foreign governments, will not be allowed to engage in business in Memphis so long as they claim the benefit of said exemption.

Persons will not be allowed to follow the army for purposes of gain, no matter what their nationality, with greater privileges and immunities than are accorded to American citizens.

By order of Major General Washburn.

WM. H. MORGAN, Major and Assist, Adjutant General.