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

Mr. Seward to Lord Lyons.

Department of State, Washington, November 16, 1864.

My Lord: Referring to your communication of the 8th instant, in regard to the form of an affidavit required of Captain W. E. Scanlan, as a condition for permission to ship the produce of his plantation, I have the honor, in reply, to enclose a copy of a letter of the 14th instant just received at this department from the Secretary of the Treasury, and the paper which accompanied’ it, from which your lordship will perceive that the objectionable feature of the affidavit will be removed in this and all similar cases.

I have the honor to be, with the highest consideration, my lord, your obedient servant,

WILLIAM H. SEWARD.

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

Mr. Fessenden to Mr. Seward.

Treasury Department, November 14, 1864.

Sir: I have the honor to acknowledge the receipt of your letter of the 11th instant, transmitting enclosures from Lord Lyons in relation to the case of Cap tain Scanlan, a British subject, who desires to transport certain cotton produced by him to market without making oath that he is a loyal citizen of the United States, &c. .

Enclosed I have the honor to transmit a copy of a letter on the subject, this day addressed to the supervising special agent of the Treasury Department at Memphis, which will, it is believed, remove the objections referred to.

I have also given directions that the rule therein laid down shall have uniform application in all the insurrectionary States.

With great respect,

W. P. FESSENDEN, Secretary of the Treasury.

Hon. William H. Seward, Secretary of State.

Mr. Fessenden to Mr. Orme.

November 14, 1864

Sir: I have received your letter of the 27th ultimo, enclosing the application of W. E. Scanlan, a British subject, who asks permission to transport to market certain cotton produced by the labor of freedmen employed by him, without making oath that he is a loyal citizen of the United States.

Such an oath should not be required from the actual subjects of any foreign power, and when you are satisfied that similar applicants are, in good faith, subjects of foreign powers, and have never exercised any of the rights of citizenship in this country, you are authorized to waive that clause in the affidavit, and only require oath that the applicant has not done any act of hostility toward the United States.

You will regard these instructions as applicable to all cases of a like character which may arise in your agency.

Respectfully,

W. P. FESSENDEN, Secretary of the Treasury,

Wm. W. Orme, Esq., Sup. Special Agent Dep’t, 2d Agency, Memphis, Tenn.