Papers Relating to Foreign Affairs, Accompanying the Annual Message of the President to the First Session Thirty-ninth Congress
Mr. Burnley to Mr. Seward
Sir: The present position of British subjects at Charleston, as reported to me by her Majesty’s acting consul at that port, causes me very great anxiety. You will perceive by the enclosed copies of despatches from Mr. Walker, and of his correspondence with Colonel Woodford, the dilemma in which they are placed, by having either to take an oath of allegiance to the United States before they can resume their peaceable occupations, or leave the place altogether. Mr. Walker encloses an analysis of the register, for the purpose of showing the occupations of the several persons registered, and estimates the whole British population at fifteen hundred.
To require that all these people, some, of course, without the means of leaving the place, should summarily depart or take the oath required, seems to me unnecessary, making every allowance for the difficulties on a first occupation of the town, and I would venture to suggest, whether some intermediate measure might not be adopted which might allow those who are peaceably and friendly disposed to pursue their avocations, without the necessity of expulsion. Such a measure would show that the United States government was not actuated by any peculiar animus against British subjects, but are acting merely from a desire to discriminate between the friend and the foe.
Requesting the original affidavits to be returned to me, I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Hon. William H. Seward, &c., &c., &c.
Mr. Walker to Mr. Burnley
Sir: I have the honor to report the adoption of a regulation by the military authorities now holding this city, which bears with cruel hardship upon many of her Majesty’s subjects.
The regulation is that no one shall be permitted to conduct any kind of business here without first taking out a license for the purpose, and that licenses shall only be granted to those who will swear allegiance to the government of the United States.
I had previously become aware of the fixed determination of the commandant to take this step, but the fact was first formally brought to my notice by John Fitzgerald, a copy of whose statement, under oath, I herewith enclose. I transmit also a copy of an affidavit to the same effect, taken from William F. Paddon, corroborated by the oaths of George Dowie and William McComb, all British subjects.
In consequence of Fitzgerald’s complaint, I addressed a despatch to the commandant of the city, pointing out that the general adoption of the regulation referred to would preclude [Page 106] every British subject from practicing his calling. That to expect British subjects to be so regardless of their duty to her Majesty as to take any oath of allegiance to a foreign government was not reasonable. Although, during the necessity for martial law, to expect the-granting of privileges to those whose perfect amity had not been tested might also be regarded as wanting the force of reason, while the refusal of such privileges would, undoubtedly, bring upon her Majesty’s subjects much distress and suffering, and therefore I inquired of him whether an option might not be allowed to her Majesty’s subjects to return to her Majesty’s dominions by (taking passage upon) the vessels which would be constantly leaving this port, and as to the regulations he might adopt on the subject. I have the honor to enclose a copy of my despatch.
I have this day received Colonel Woodford’s reply, whereby he consents to grant papers to British subjects who have done no act affecting their neutrality, allowing them to proceed to other ports in the United States by vessels leaving this port, in order to return to her Majesty’s dominions.
A copy of Colonel Woodford’s reply is also enclosed herewith.
I have, &c.
The Secretary of her Majesty’s Legation at Washington, D. C.
Mr. Walker to Colonel Woodford
Sir: I have the honor to make an inquiry of you in reference to a statement made to me to-day by John Fitzgerald, one of her Britannic Majesty’s subjects;
This person informs me that being a mariner, and depending for subsistence upon his labor on the water, he made an application for a license to fish and gather oysters; that he made known the fact of his being one of her Britannic Majesty’s subjects, but was, nevertheless, informed that such license could not be granted to him, unless he subscribed an oath of allegiance to the government of the United States. If this is so, the principle adopted, if generally carried out, will preclude every British subject from practicing his calling.
To expect British subjects to be so regardless of their duty to her Majesty as to take an oath of allegiance to a foreign government is not reasonable, although during the necessity for martial law to expect the granting of privileges to those whose perfect amity may not have been tested may also be regarded as wanting the force of reason; while, again, the refusal of such privileges will undoubtedly bring upon her Majesty’s subjects much distress and suffering.
Therefore it is that with much regret I beg to inquire of you whether an option may not be allowed to her Majesty’s subjects to return to her Majesty’s dominions by the vessels which will be constantly leaving this port? And what may be the regulations, if any, that you may think proper to adopt on the subject.
I beg to add that those of her Majesty’s subjects on whose behalf I have the honor to ad dress you are those who had their residence in this section of the country anterior to the establishment of the blockade, and who have been prevented by it from removing.
I have, &c.,
Colonel Woodford, United States Army.
Colonel Woodford to Mr. Walker
Sir: I have the honor to acknowledge the receipt of your communication of the 3d instant, in which, after referring to the matter of granting trade permits by the military authority now holding the city of Charleston under martial law, you inquire of me whether her Britannic Majesty’s subjects may not be allowed to return to her Majesty’s dominions by the vessels leaving this port.
In reply, I would state that while no vessels are leaving here for British ports, I can see no objection to granting papers to British subjects who have done no act affecting their neutrality, allowing them to proceed to other places in the United States for which vessels may be leaving, from which they may be able to return to her Majesty’s dominions, provided the granting of such papers does not, at the time, interfere with the use of our transports for military purposes.
I am, &c.,
H. Pinckney Walker, &c., &c., &c.
Mr. Walker to Mr. Burnley
SIR: I have the honor to submit for your consideration some remarks in reference to the requirements of an oath of allegiance to the United States government from her Majesty’s subjects before permiting them to pursue any business whereby they may obtain a livelihood.
This practice affects all; no exceptions whatever are allowed; employment i, even denied to the common laborer, unless he can produce a certificate that he has taken the oath. Permission, however, will be given to all to leave the port, but I humbly beg of you to consider how very inadequate the remedy is to the evil complained of, by presenting to your notice how very many there necessarily must be whose circumstances will not admit of their removing themselves.
From the registration that has been made at this consulate during the last fortnight under the circumstances mentioned in my former despatch No. 3, I am enabled to form an estimate of the number of British subjects now remaining in the city. Up to this time 352 names have been registered, and of these 188 are laborers and draymen, and many of the others are persons without the command of means in ordinary times, and at present quite destitute.
I enclose herewith an analysis of the register for the purpose of showing the occupations, &c, of several persons registered, making due allowance for wives and children. I imagine this British population may number as many as 1,500.
J. H. Burnley, Esq., &c., &c., &c. at Washington, &c.
Analysis of register showing the occupations, &c., of the British subjects at Charleston.
| Merchants out of business | 6 |
| Salesmen, book-keepers, clerks, &c | 22 |
| Shoemakers | 15 |
| Laborers and draymen | 188 |
| Shopkeepers of all sorts | 19 |
| Carpenters | 11 |
| Merchants and general traders | 11 |
| Mariners | 9 |
| Single women | 8 |
| Widows | 13 |
| British half-pay officer | 1 |
| Physician | 1 |
| Taxidermist | 1 |
| Machinists, engineers, and other unenumerated handicraftsmen. | 47 |
| Total | 352 |
Deposition of John Fitzgerald.
British Consulate, Port of Charleston:
John Fitzgerald make thoath and saith, that he is a native of Ireland; that he arrived in the United States about twelve years ago; that he is a mariner, and has never become a citizen of the United States, nor in any way failed in the performance of his duty as a British subject; that he has a wife and two children, and has supported himself of late by running a small boat from Charleston to Mount Pleasant, carrying passengers.
Deponent saith, he applied at the provost marshal’s office on this morning (3d of March) for a permit to employ himself and boat in oystering and fishing; that he was then directed to apply to Colonel Woodford for a license; that he proceeded to Colonel Woodford’s headquarters, and showed to him his consular certificate of nationality, and made a request for a license. Colonel Woodford then asked deponent if he had been to the citadel to take the oath of allegiance. Deponent said he had not. Colonel Woodford then said that no licenses could be granted to those who did not take the oath of allegiance.
Deposition of William F. Paddon
British Consulate, City of Charleston:
William F. Paddon, of 7 Marion street, and 447 King street, Charleston, gas-fitter, make thoath and saith as follows:
I have been engaged for two or three years past in salt-boiling, in connexion with which I have employed two vessels (wood-floats) in bringing to the city from landings up the river, cord-wood; that at the time of the occupation of the city by the forces of the United States, I had not less than twelve cords of pine wood stacked in Harrison’s and Hamep’s wood-yards on Gadsden’s Green. On the 21st ultimo it was taken possession of by the United States troops and a guard put over it. On the 24th I was allowed by Major Wil-loughby, provost marshal, to whom I applied for the restoration of it, one load (one-quarter of a cord) for my own family use. On Saturday, the 4th of March, I again applied to him for my wood, and also for a pass for a servant to go up the river for one of my wood-boats detained there. Major Willoughby told me first to go to Captain Appleton, provost marshal general, and get a pass, as the boat was beyond the limits of the city. On applying to Captain Appleton, I was told to go to Colonel Woodford, the commandant of the city, for a license. On applying at Colonel Woodford’s office, his adjutant, Captain Jenks, referred me to Lieutenant Haviland, the post treasurer. On applying to him he told me he could not give me any license unless I took the oath of allegiance. I made known that I was a British subject, and showed him the papers I had received from the British consulate. He told me his orders were to give no licenses for any business to any parties who did not take the oath of allegiance to the government of the United States. I then went to Captain Jenks, and he said such were the orders that had been received. He permitted me to see Colonel Woodford, and I asked him whether it was actually necessary to take the oath of allegiance. He said he understood my position exactly; he said, if Charleston was to be attacked would I take up arms? I said I would not. And he told me that he did not want anyone to do business in Charleston that would not fight for it, and no one could do business that could not take the oath and fight for the place. On leaving he said he would be delighted to give us passes to leave the country. Mr. George Dowie and Mr. W. McComb, also British subjects, were in company with me during the interviews I had to-day with Lieutenant Haviland and Colonel Woodford.
Depositions of George Dowie and Wm. McComb.
British Consulate, Port of Charleston:
George Dowie, of Bee street, druggist, and William McComb, of No. 33 Vanderhorst street, dealer in dry goods, severally make oath and say that they were present this morning at the interviews had by W. F. Paddon with Lieutenant Haviland and Colonel Woodford, and that his statement of what transpired, detailed in the foregoing affidavit, is correct.
GEO. DOWIE.
W. McCOMB.