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, November 8, 1864.

Sir: I have the honor to bring under your notice the enclosed copy of a letter which I have received from a British subject, Captain Scanlan, the owner of a cotton plantation on the Mississippi river, 18 miles below the city of Memphis, relative to the difficulties he has experienced in shipping the produce of his crop to New York or Liverpool, owing to the peculiar wording of the affidavit he is called on to sign, requiring him to state that he is loyal to the United States. Captain Scanlan states that, with the exception of these words, he could conscientiously sign the affidavit, as he has always been friendly to the United States government, and has been uniformly treated with kindness and courtesy by the officers of that government.

It will not escape your attention, on perusing Captain Scanlan’s letter, that the cotton raised on his plantation is the result of free negro labor instead of slave labor, and therefore, as a commencement of the new order of things so wisely organized by the President of the United States, should, I venture to think, be rather encouraged by the United States government than hampered with any unnecessary formalities which would make any future attempt of the kind abortive.

Captain Scanlan having entered into a regular contract with the proper officers of the United States for the employment of the free negroes, is anxious to secure his crop from any roving bands of guerillas and send it to a secure place of shipment.

Under these circumstances I would fain hope that the wording of the affidavit may be altered, leaving out “loyal to the United States” as being incompatible with his nationality as a British subject, and that he may be allowed to ship his cotton and continue his efforts in the interest of freedom, more particularly as he appears to be a peaceable man and on good terms with the authorities.

I beg you to return me the original documents enclosed.

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

J. HUME BURNLEY,

For LORD LYONS.

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

Mr. Scanlon to Lord Lyons.

Memphis, October 28, 1864.

My Lord: I beg leave respectfully to submit the following statement of facts, and invoke such action on your part as the merits of the application may, in your judgment, require:

I am a subject of her Britannic Majesty’s government, and now, as I ever have been, true and loyal to the same. In 1857 I came to the United States, and was the same year married to my present wife, who then resided on a plantation on the banks of the Mississippi river, in Crittenden county, Arkansas, and 18 miles below this city, Memphis.

Since my residence here I have taken no part, directly or indirectly, in the politics of the country, but confined myself strictly to the conduct and management of my private affairs.

Since the inauguration of this impending contest I have scrupulously abstained from all interference therein, but have faithfully observed the proclamation of my sovereign, enjoining strict neutrality on the part of her subjects. My rights and relation as a foreign resident have been respected by the federal officers here, both civil and military, and they have not hesitated to grant whatever I might ask, when such was not deemed inconsistent with the policy and interests of their government.

During the past year I have grown on the plantation above referred to a cotton crop from which I hope to realize about 300 bales. This was produced by freedmen’s labor, forty-one of which class, as will be seen by the accompanying copies of contents, I employed under contract with the United States superintendent of freedmen at this point, and the remainder of my force consisted of 26 negroes, former slaves of my wife, emancipated, however, under the proclamation of his excellency the President of the United States, and with which I made contracts as with the others, under the laws and regulations of the department, and which contract I have faithfully observed by paying them regularly the amount agreed upon. This course I adopted at the kindly suggestion and advice of Major General Hulburt, who commanded this district at the time.

Having grown this crop and gathered it in part with a force engaged under a solemn contract with the proper officer of the United States, I am now prohibited from shipping it, under construction of the treasury officers here, to New York or Liverpool, because I will not sign the affidavit on account of the words “loyal to the United States” being inserted therein. With the exception of these words I could conscientiously subscribe to the affidavit, as I am truly friendly to the United States government, her officers having always treated me with kindness and consideration, as far as was consistent with their official duties.

Having been not only permitted, but encouraged and furnished the means to produce it by the United States authorities, it is submitted that international comity would dictate that I should not be so trammelled in the disposition thereof as to seriously impair its value, if not to hazard its entire destruction, as it is subject to be burnt at any time by roving bands of guerillas or marauders.

Although the officers here have construed themselves as without authority to permit the sale or shipment of my cotton for the aforesaid reason, yet they have not hesitated to express the opinion, that if the matter were referred to the proper heads of department at Washington, that permission to ship the cotton would be readily granted.

Accompanying this is my application to General William Orme, special supervising agent, 2d agency, which he. favorably submits to the Secretary of the Treasury I therefore, my lord, beg that you will give the above such consideration as you may deem proper; satisfied as I am that the government of the United States will act in that spirit of liberality and fairness towards the subject of a friendly neutral power which has so signally characterized her past history.

Hoping, my lord, that you will forward me a reply by the bearer, Mr. Hul-burt, who is a brother-in-law,

I have, &c., &c., &c.,

W. E. SCANLAN.

Right Hon. Lord Lyons, &c., &c., &c.

Contract.

This contract, made this twelfth day of March, 1864, between W E. Scan-Ian, employer, and George Hall. Henry Cole, Anderson Mailing, Paul McMillar, Grenville McMillar, Jem Rodgers, Peter White, Bell Sykes, Arch Ganing, William Norval, Ephraim Dennings, George Washington, freed laborers, wit-nesseth: that said W. E. Scanlan agrees to employ said laborers on his plantation, from the 12th day of March, 1864, to the 12th day of March, 1865, on the terms prescribed in the code of rules and regulations for leasing abandoned property and hiring freedmen; and the said laborers agree to be diligent and faithful hands while in his employ, it being understood and agreed that this contract is subject to the provisions of said code, by which all parties agree to be governed.

W. E. SCANLAN.

In presence of—

O. D. Bird.
George Hall.	Peter White.
Henry Cole.	Bill Sykes.
Anderson Manning.	Arch Gurney.
Paui McMillar.	William Norval.
Grenville McMillar.	Ephraim Dennings.
Jem Rodgers.	George Washington.

I certify that the above is a true copy of a contract on file at this office.

S. A. WALKER, Captain 63d Regiment, Sup’t. Freedmen, West Tennessee.

Contract.

This contract, made this 8th day of March, 1864, between W.E. Scanlan,’ employer, and Susan Banks and child, Milly Tucker, Jane Hicks, Margaret Ingram, Charley Grear, Ann Kibbs and four children, Laura Gibbs, Maria Gibbs, Rachel Gibbs, Amanda Taylor, Fred Norris, Caledona Malone, Francis Quinlan, Abby Vance, Laura Hodge, Catharine Malone, Emma Holmes, Elijah Potts, Nancy Johnson and child, freed laborers, witnesseth: that said W. E. Scanlan agrees to employ said laborers on his plantation from the 8th day of March, 1864, to the ------------- day of ------------- , 186 , on the terms prescribed in the code of rules and regulations for leasing abandoned property and hiring freedmen; and the said laborers agree to be diligent and faithful hands while in his employ, it being understood and agreed that this contract is subject to the provisions of said code, by which all parties agree to be governed.

W. E. SCANLAN.

Signed in presence of—

John Phillips, Lieut. Col and Sup’t of Freedmen, West Tenn.

Susan Banks and child.	Fred Norris.
Milly Tucker.	Caledona Malone.
Jane Hicks.	Francis Quinlan and child
Margaret Ingrain.	Abby Vance.
Charley Grear.	Susan Hodge.
Ann Kibbs and children.	Catharine Malone,
Susan Gibbs.	Emma Holmes.
Maria Gibbs.	Elijah Potts.
Rachel Gibbs.	Nancy Johnson and child.
Amanda Taylor.

I certify that the above is a true copy of a contract on file at this department.

S. A. WALKER, Captain and Sup’t for Freedmen.

Certificate of nationality,

HER BRITANNIC MAJESTY’S CONSULATE, CHICAGO.

I., J. Edward Wilkins, esq., her Britannic Majesty’s consul, do hereby request and require all whom it may concern, to allow the bearer, W. E. Scanlan, residing in Memphis, Tennessee, who 1 have good reason to believe, after careful examination, is a subject of her Britannic Majesty, who has never forfeited his claim to the protection of the Queen by becoming a subject or a citizen of any foreign state, to pass without let or hindrance, and to afford him every assistance and protection of which he may stand in need.

In testimony whereof, I do hereunto set my hand and seal of office, at my office, in the city of St. Louis, Missouri, on this fourteenth day of December, in the year of our Lord one thousand eight hundred and sixty-three.

J. EDWARD WILKINS, H. B. M. Consul at Chicago, (Residing, under instruction, at St. Louis.)

Issued by E. B.

[Endorsement.]

Personal description.—Age 31 years; height 5 feet 9 inches; color of eyes ----------------; hair black; peculiarities -----------------------.

This certificate confers no right to the bearer to pass beyond the lines of the United States forces.

I believe the bearer is a resident of the congressional district of the State of --------------; is a British subject, not liable to military duty in the United States.

The bearer must be careful to comply with all regulations relating to enrolment in the manner and within the time prescribed; then if desirous to claim exemption from military service, the bearer must make application to the proper authorities for a certificate of exemption on the ground of being an alien.

This certificate is to be retained by the bearer.

Oath of foreign citizenship,

united states of america, state of tennessee.

Provost Marshal’s Office, District of Memphis, June 2, 1863.

I do solemnly swear that I am a subject of the government of Great Britain, and owe allegiance to the same; that I have never declared an intention of becoming a citizen of any other government; that I have never voted at any national State, county, or municipal election held in the United States of America, nor have I ever claimed the rights and privileges belonging only to citizens giving their allegiance to the government thereof.

I further swear that I will not aid, directly or indirectly, the rebellious league known as the Confederate States of America. So help me God.

W. E. SCANLAN.

Sworn and subscribed before me this 2d day of June, 1863.

JAMES SMITH, Provost Marshal.

By A. J. ENLAN, Assistant.

Residence, Arkansas; age, 31 years; height, 5 feet 9 inches; hair, black; eyes, hazel.

[Pass.]

Office Provost Marshal, Memphis,December 13, 1862.

Mr. William E. Scanlan, a subject of Great Britain, has leave, by order of Major General S. Hurlburt, commanding at Memphis, to pass and ship from Memphis to his residence in Crittenden county, Arkansas, without goods and supplies, except when allowed by the proper authorities.

CHAS. M. WELLAND, Provost Marshal.

[Pass.]

Pass Dep’t, Provost Marshal’s Office, Dis’t of Memphis, Memphis, Tennessee, June 2, 1863.

Mr. W. E. Scanlan, subject of Great Britain, has permission to pass the guards and pickets, by order of Major General Hurlburt, from Memphis to Crittenden county, Arkansas, until otherwise ordered.

A. J. ENLAN, Pass Officer.

Issued by A. W. Mendenhall, clerk.

This pass is not transferable.

Memphis, Tennessee, March 7, 1864.

Captain Scanlan, a British subject, is entitled, as a neutral, to the protection and consideration due to all who are not citizens of the United States. Personally he is a gentleman, and has been, as far as I am informed, consistent. I recommend him and family to the protection of the military authorities.

L. THOMAS, Adjutant General.