Lord Lyons to Mr.
Seward.
Washington,
June 29, 1864.
Sir: I am informed that in the department of
the gulf the following oath is exacted from foreigners:
“United States of America, Department
of the Gulf,
“Office Provost Marshal General.
“New Orleans, ss :
“I, __________, do solemnly swear that I am a subject of __________; that
Ihave never become or been a citizen of the United States by
naturalization or
[Page 643]
otherwise,
nor have I declared my intention to become such citizen, nor voted at
any political election in the United States, nor done any act in
derogation of my allegiance to — .
“I do further solemnly swear that, so long as my government remains at
peace with the United States, I will do no act, nor aid, advise, or
consent that any be done, nor conceal any act done, or to be done, that
shall aid, assist, or comfort any of the enemies or opposers of the
United States, or the authority or government theleof.
It appears that this oath is exacted even from British subjects belonging
to the crews of British merchant vessels, and even in cases in which
they arrive at and depart from New Orleans on board the same vessel.
The oath, if it is to be construed literally, imposes upon subjects of
her Majesty obligations following them beyond the jurisdiction of the
United States; and, such being the case, is objectionable in several
particulars.
I beg you to take into consideration the accompanying copies of a
correspondence on the subject which has taken place between Major
General Banks and the acting British consul at New Orleans, and I trust
that if it shall still be deemed necessary to exact an oath from
foreigners, measures will be taken to substitute at once, for that in
use in the department of the gulf, one unobjectionable in its terms.
I have the honor to be, with the highest consideration, sir, your most
obedient, humble servant,
Hon. William H. Seward,
&c., &c., &c.
Major General Banks to Mr. Coppell.
Headquarters Department of the
Gulf,
New Orleans,
May 28, 1864.
Sir: Will you please suggest to me what
change you desire in the neutral oath to which you alluded
yesterday, and in what respect it conflicts with the rights of
seamen or any other class of British subjects.
N. P. BANKS, Major General
Commanding.
Mr. Coppell to Major General Banks.
British Consulate,
New Orleans,
May 30, 1864.
Sir: I have to acknowledge the receipt of
the communication of the 28th current, which you have done me the
honor to address to me, respecting the aeutral oath, the subject of
my remarks on the previous day, and, conformably with the desire
expressed, I offer for your consideration the following
considerations
After a British vessel has been cleared for sea by the authorities,
it is required that the crew, whether the same that arrived with the
vessel or those shipped lere, shall subscribe the neutral oath (i. e. if they are aliens) before the vessel s
allowed to depart the port. British subjects, properly registered as
such, are also required to subscribe the oath when obtaining a pass
to leave this department for the north or for a foreign country.
[Page 644]
In referring to the oath as now administered, it will be seen that in
the first port the alien swears to the already proved fact of being
a foreigner; for, before subscribing, the applicant has to show a
foreign passport or a consular certificate. The second part of the
oath would seem to impose upon the neutral obligations binding when
beyond the jurisdiction of the United States, an obligation which,
if expected or intended, can scarcely be considered as consistent
with the rights which the United States government has with regard
to neutrals, nor the neutral British subject with his own sovereign.
I would, therefore, beg to suggest for your consideration that in
the case of the crews of British vessels, and where the crew is the
same as when the vessel arrived in port, the oath be dispensed with;
and with regard to that class of British subjects arriving at or
departing from New Orleans by sea, that the oath be somewhat
modified in the points I have named. I take the liberty of enclosing
a copy of a neutral oath which is imposed in one of the military
departments (the Mississippi, I think) of the United States,
believing that it may be considered as covering all the groun ds of
a neutral obligation.
I desire it to be understood, general, that I offer these remarks in
behalf of neutral British subjects only, particularly those whose
interests may call them to this department transiently, and in no
way to interpose for any who, in contempt of her Majesty’s
proclamation, may violate the neutrality imposed upon all classes of
her subjects.
I avail myself of this opportunity to renew my thanks for the prompt
consideration and action always accorded the many and important
matters I have had occasion to bring to your notice in the discharge
of my official duties.
Major General N. P. Banks,
United States Army.
Major General Banks to Mr. Coppell.
Headquarters Department of the
Gulp,
New Orleans,
June 8, 1864.
Sir: I have the honor to inform you that
there are difficulties connected with the modification of the
neutral oath suggested by you, which deters me from adopting it at
present.
There are many American citizens in this department, born of English
and French parents, who, to escape conscription, claim foreign
protection under the belief that the descendants of a subject do not
lose the nationality of their ancestry. Such persons have not only
participated in the elections of this country, but have availed
themselves of all the privileges of natural-born citizens. It seems
but just that those who claim the privilege of neutrality should be
required to make the declaration that they have not exercised the
privileges of citizens of the United States.
Without undertaking to decide the question of neutrality in cases
where such declaration cannot be made, and which may be reserved for
special consideration, the interests of the government seem to
demand that the general rule adopted in this department should be
observed. If there be just cause for changing the practice in regard
to seamen who ship from this port upon the same vessels in which
they arrive, I shall very gladly make the change upon a proper
representation of the facts.
N. P. BANKS, Major General,
Commanding.
