Office of the Historian

Mr. Moran to Mr. Seward

No. 53.]
Legation of the United States, London, June 16, 1868.

Sir: Yesterday I had an interview with Lord Stanley, to ascertain whether there was a prospect that her Majesty’s government would be disposed soon to empower Mr. Thornton to negotiate a treaty with you on the right of expatriation, based upon the principle in the convention lately concluded between the United States and the North German confederation. His lordship, referring to the commission recently appointed by the Crown to consider the present condition of the naturalization laws, said that to negotiate on the subject before that commission had reported seemed to him to be putting the cart before the horse. Heretofore the two countries had differed widely as to the right of expatriation; but her Majesty’s government had conceded the principle of defeasibility contended for by that of the United States. The two nations are therefore agreed on the question. But her Majesty’s government prefer to wait for and consider the report of the commissioners before going into any written engagement with another nation on the subject. In the course of the interview his lordship said that the lawyers found fault with the German treaty, objecting to it as defective and calculated to cause much trouble, especially on questions of descent and of property, as well as to repatriation; and he seemed to think it could not be adopted as a basis for negotiation by her Majesty’s government. His own disposition is to come to an early arrangement, and he trusts there will be no unnecessary delay on the part of the commissioners in concluding their report, until the reception of which it will not be convenient for her Majesty’s government to act. As the conversation was without assurance that Mr. Thornton would soon receive authority to negotiate, I have exercised the discretion left me in your dispatch No. 5, and have not used the telegraph to inform you of the result, concluding that you would infer an unfavorable reply from my silence.

I learn from a source in which I have confidence that even if a treaty were made at the moment, there would not be time to carry it through Parliament this session. It is now stated that the dissolution will take place at the close of next month, and that the new Parliament will assemble in November. But nothing is likely to be done in the matter before then. It is, however, not improbable that this government may be prepared to submit some plan for the consideration of that of the United States before the end of the year.

I transmit an official copy of the document creating the commission to inquire into and consider the various questions connected with the laws of naturalization, and you will see that those in which the United States take an interest are included in the third paragraph. I have good [Page 312] reason for stating that the commissioners anticipate no difficulty in arriving at a satisfactory conclusion on the points in which the United States are most concerned.

I have the honor to be, sir, your obedient servant,

BENJAMIN MORAN.

Hon. William H. Seward, Secretary of State, Washington, D. C.

Commission.

Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, defender of the faith.

To our right trusty and well-beloved cousin and councillor, George William Frederick, Earl of Clarendon, knight of our most noble Order of the Garter, and Knight Grand Cross of our most honorable Order of the Bath; our right trusty and well-beloved councillor Edward Cardwell; our right trusty and well-beloved councillor Sir Robert Joseph Phillimore, knight, doctor of civil law, judge of the high court of admiralty of England; our trusty and well-beloved Sir George William Wilshere Bramwell, knight, one of the barons of our court of exchequer; our trusty and well-beloved Sir John Burgess Karslake, knight, our attorney general; our trusty and well-beloved Sir Travers Twiss, knight, doctor of civil law, our advocate general; our trusty and well-beloved Sir Roundell Palmer, knight; our trusty and well-beloved William Edward Forster, esq.; our trusty and well-beloved William George Granville Venables Vernon Harcourt, esq., one of our council learned in the law; and our trusty and well-beloved Montague Bernard, esq., greeting:

Whereas we have deemed it expedient that a commission should forthwith issue to inquire into and consider the legal condition of our natural-born subjects who may depart from and reside beyond the realm in foreign countries, and to report how, and in what manner, having regard to the laws and practice of other States, it may be expedient to after and amend the laws relating to such natural-born subjects, their wives, children, descendants, or relatives;

And also to inquire into and consider the legal condition of persons, being aliens, entering into or residing within the realm, and becoming naturalized as subjects of the Crown, and to report how far and in what manner it may be expedient, having regard to the laws and practice of this country, of foreign states, or otherwise, to after or amend the laws relating to such persons, or persons claiming rights or privileges through or under them:

Now know ye, that we, reposing great trust and confidence in your knowledge and ability, have authorized and appointed, and do by these presents authorize and appoint you, the said George William Frederick, Earl of Clarendon, Edward Cardwell, Sir Robert Joseph Phillimore, Sir George William Wilshere Bramwell, Sir John Burgess Karslake, Sir Travers Twiss, Sir Roundell Palmer, William Edward Forster, William George Granville Venables Vernon Harcourt, and Montague Bernard, to be our commissioners for the purpose aforesaid.

And for the better effecting the purposes of this our commission, we do by these presents give and grant unto you, or any five or more of you, full power and authority to call before you such persons as you shall judge likely to afford you any information upon the subject of this our commission, and also to call for, have access to, and examine all such books, documents, registers, and records as may afford the fullest information on the subject, and to inquire of and concerning the premises by all other lawful ways and means whatsoever.

And we do, by these presents, will and ordain that this our commission shall continue in full force and virtue; and that you our said commissioners, or any five or more of you, may from time to time proceed in the execution thereof, and of every matter and thing therein contained, although the same be not continued from time to time by adjournment.

And we further ordain that you, or any five or more of you, may have liberty to report your proceedings under this commission, from time to time, if you shall judge it expedient so to do.

And our further will and pleasure is that you do with as little delay as possible report to us, under your hands and seals, or under the hands and seals of any five or more of you, your opinion upon the several points herein submitted to your consideration.

And for your assistance in the due execution of this our commission we have made choice of our trusty and well-beloved Charles Stuart Aubrey Abbott, esquire, to be [Page 313] secretary to this our commission, and to attend you, whose services and assistance we require you to use from time to time, as occasion may require.

Given at our court at St. James, the 21st day of May, 1868, in the 31st year of our reign.

By her Majesty’s command:
GATHORNE HARDY.