and to drive them back with severe chastisement, wherever they have not had the advantage of their navy as a support. But it is expected that this home organization, while it may be but little of its time in actual service, will, in case of sudden emergency, assist in repelling the plundering bands of the enemy, which evade contact with our armies, and make predatory incursions to our very homes for the purposes already mentioned, and that they will assist in suppressing any servile insurrections which these plundering parties may be able to incite.

"Many who claim to be Her Majesty's subjects in this State are large slaveholders, whose danger of loss of property and of insult and cruel injury to their wives and children, in case of insurrection, is as great as the danger to the citizens of this State, and their obligation to protect their property and their families against the local aggressions of the United States forces is no less.

“While Her Majesty's government has constantly refused to recognize the existence of the government of the Confederate States, her subjects have enjoyed its protection. And while she refuses to hold any diplomatic relations with us, you, as her representative, are permitted to represent her interests here, and to be heard for the protection of her subjects and their property. In this state of things, British subjects who still elect to remain in the Confederacy should not expect to do less than the service now required of them; and while free egress will in no case be denied them, should they desire to depart from this State, less than the service now required will not in future be demanded, in case they choose to remain in the State and enjoy its protection.

"Experience has convinced the government at Washington of its inability, by armed force in the battle-field, to combat Southern valor and compel us to submit to its despotic tyranny. It has, therefore, in connection with that above mentioned, adopted the further policy of destroying agricultural implements, mills, and provisions, wherever its armies penetrate into our country, with a view of effecting by starvation that which it cannot accomplish by the skill and courage of its troops.

"As a further auxiliary to the accomplishment of this object, it drives from the territory overrun by its armies, the men, women and children who are true to the government of their choice, and compels them to seek safety and support in this and other interior States. It thus taxes the productions of the interior States with the support, not only of their own population and the armies of the Confederacy, but of a large number of refugees. With the blessings of Divine Providence, which, thanks to His name, have been so abundantly showered upon us, we are, by abandoning the culture of cotton, making ample supplies for another year. While we are surrounded by such an enemy, the British government cannot fail to see and appreciate the reason why we cannot afford to retain and protect among us a class of consumers who produce none of the necessaries of life, and who refuse to take

up arms for interior or local defence, but claim the privilege of remaining as subjects of foreign powers, engaged in commercial pursuits, in ports with which their government recognizes no legal commerce.

"But you insist that there was no law in existence requiring British subjects to take up arms against the United States government, when for commercial purposes they first took up their residence in the country. You must not forget, however, in this connection, that at that time the State of Georgia was by her own sovereign consent, a component part of the government of the United States, and that since that time she has, for just cause, withdrawn her consent to further connection with the aggressive States of the North, and now with her Southern sisters forms the government of the Confederate States, against which the States which remain united under the name of United States, are waging a cruel and unjust war. With this change in the political relations of the country, new obligations are imposed upon the subjects of foreign powers resident within this and other Southern States, which make it their duty to aid in the maintenance of internal order and in the protection of their domiciles and the localities where they are situated, when assailed by the troops of the United States government, or to depart from the States and seek protection elsewhere. Again, the commercial reasons which you say caused Her Majesty's subjects to take up their residence here, ceased to exist when Her Majesty's government refused longer to recognize the existence of legal commerce between her subjects and the citizens of this State and warned them of the loss of her protection if they attempted to carry on commercial relations with us through our ports. "At the time English subjects took up their residence among our people for commercial purposes, our ports were open to the commerce of the world, and foreign governments which had commercial treaties with us had a right to claim for their subjects engaged in commerce the usual commercial privileges and protection while domiciled here.

"Now the government of the United States claims that it has our ports blockaded; and while the whole civilized world knows that the blockade is not effective, and that vessels enter and clear almost daily at our ports, the government of Her Majesty chooses to recognize it as a legal blockade, and to acquiesce in the paper prohibition which excludes English subjects with their commerce from our ports. If the British government adopts the pretensions of the government of the United States, and holds that Charleston and Savannah are still ports belonging to the United States, it must be admitted that the blockade of these ports by the United States government is a palpable violation of the commercial treaty stipulations between the two governments, as the United States government has no right, under these treaties, to blockade her own ports against English commerce. If tested by the laws of nations, to which the British government is a party, it is no blockade because not effective. Under these circumstances if the government of Her Majesty consents to respect the orders of the United States

government, which forbid British subjects to enter our ports for commercial purposes, that government has no right, while this state of things continues, to claim commercial privileges for its subjects within the ports where it admits the existence of a legal blockade; but it must expect those subjects to depart from these ports, and if they refuse to do so, it has no just cause of complaint when the government having possession of these ports compels them to take up arms to defend their domiciles against servile insurrection or the attacks of the troops of a hostile power.

"I learn from your letter that nearly all British subjects have taken an oath that they will not, under any circumstances, take part in the contest now raging in this country, by taking up arms on either side.' In reply to this, permit me to remind you that no such self-imposed obligation can free the subjects of Her Majesty who choose to remain in this State, from the higher obligation, which, by the laws of nations, they are under to the State for protection while they remain within its limits.

"While I beg to assure you that it is the sincere desire of the government and people of this State, to cultivate the most friendly relations with her Majesty's government and people, I feel it my duty, for the reasons already given, to decline any modification of the order to which you refer in your communication.

"With high consideration and esteem, I am,
"Very respectfully,

"Your obedient servant,

"JOSEPH E. BROWN."

"BRITISH CONSULATE,
SAVANNAH, AUG. 17, 1863.

"TO HIS EXCELLENCY GOVERNOR BROWN, MARIETTA: "Sir:-I have the honor to acknowledge the receipt of your Excellency's letter of the 8th inst.

"I perfectly understood the intentions of the government in organizing the force of 8,000 men for home defence, but I am obliged to conclude that you have misunderstood me when I admitted the right of a State to claim the services of British subjects resident within its limits for the purpose of maintaining internal order, and even to a limited extent, to defend the places of their residence against local invasion by a foreign power. Such service might be rendered by them in the event of a war by a foreign power, but not in a civil war like that which now rages on this continent.

"Her Majesty's government consider that the plainest notions of reason and justice forbid that a foreigner admitted to reside for peaceful purposes in a State forming part of a Federal Union should be compelled by that State to take an active part in hostilities against other States which when he became a resident were members of one and the same Confederacy. While

acknowledging the right of the State, under present circumstances, to the services of British subjects for patrol or police duty, Her Majesty's government object to any further extension of such service. I have consequently, under instructions, felt myself compelled to advise those drafted to acquiesce in the duty until they are required to leave their immediate homes or to meet the United States forces in actual conflict; in that event to throw down their arms and refuse to render a service the performance of which would run directly in the teeth of Her Majesty's proclamation and render them liable to the severe penalties denounced against a violation of the strict neutrality so strongly insisted on in that document, trusting to my interference in their behalf with the Government at Richmond under whose command they will be. In other States, British subjects imprisoned for following this advice, have already been discharged from custody and service by order of the War Department.

"Your Excellency is pleased to inform me that with the change in the political relations of the country new obligations are imposed on the subjects of Her Majesty resident in the South. I do not see why this should be so seeing that they, by reason of their being aliens, had no voice whatever in the councils which brought about the present state of affairs. With regard to the protection afforded by the State to an alien, it appears to me to extend little beyond the safety of life, a guaranty which every civilized community for its own sake extends to every sojourner in its midst. You need not be told that the law of Georgia forbids an alien to hold certain kinds of property; and I cannot see how a thing can be protected which is not suffered to exist. I have nothing to do with British subjects who hold such property in violation of law, but I do protest against the compulsory service in a civil war of those who have never contravened the law in this respect.

"It is satisfactory to know that the option of leaving the country is allowed to British subjects and that no obstacle will be thrown in the way of those who prefer to do so rather than violate the Queen's imperative orders by meeting in warfare the United States forces. If compelled to take this course, however, I may be permitted to say that the comity usually observed between foreign States is not very scrupulously observed.

"I have reason to know that many who have not hitherto been molested, are, in consequence of your Excellency's proclamation, preparing to leave, not a few among them being mechanics worth little or no property, of whose inestimable services, at this crisis, the Confederacy will be deprived. Am I to understand that those already drafted may avail themselves of this alternative? "The dispatches which I have received from the British government relative to compulsory service are strong. I am instructed to remonstrate in the strongest terms against all attempts to force British subjects to take up arms. Should these remonstrances fail, the governments in Europe interested in this question will unite in making such representations as will secure to aliens this desired exemption.'

"It has hitherto been in my power to report to Her Majesty's government that her subjects have not been called upon to take up arms in this war. I regret that your Excellency's decision makes it impossible to do so hereafter; the more so as the course pursued contrasts so strongly with the conduct of the United States government, who have conceded the claim of bona fide British subjects to exemption from any military service whatever, and also with that of the Governors of other Southern States who, upon representation, ordered the discharge of British subjects forcibly detained in service. "I am, sir, your most obedient servant,

"A. FULLARTON, Acting Consul."

"MARIETTA, August 26, 1863.

"MR. A. FULLARTON, ACTING CONSUL OF GREAT BRITAIN:

"Dear Sir:-In your letter of the 17th inst. now before me you conclude that I misunderstood you when you admitted the right of the State to claim the services of British subjects resident within its limits to defend, to a limited extent, the places of their residence against local invasion by a foreign power. You are pleased to say that such service might be rendered by them in the event of a war by a 'foreign power,' but not in a civil war like that which now rages on this continent. Then you still admit that, by the laws of nations, Her Majesty's subjects resident in this State may be compelled to render the service now required; in other words, to defend the places of their residence against local invasion by a foreign power. And it follows, you being the judge, that the claim now made upon Her Majesty's subjects for service is in accordance with the laws of nations, if the Confederate States, of which Georgia is one, are at war with a foreign power. But in your attempt to escape the just conclusion which results from your admissions you virtually deny that the United States is a foreign power and claim that Georgia is still a component part of the Government of the United States. You have probably been influenced in your persistence in this error by the forbearance of the Government and people of the Confederate States in permitting Her Majesty's consuls to remain among us in the exercise of the functions of a position to which they were originally accredited by the Government of the United States. As it is no part of my purpose to enter into an argument to convince you that the United States is a hostile power foreign to Georgia, I will dismiss this part of the controversy with the single remark, that if your pretensions be correct, your appeal for the protection of British subjects resident within this State should have been made to the Government at Washington and not to me.

"You are pleased to inform me that you have felt compelled to advise those drafted to acquiesce in the duty until they are required to leave their immediate homes, or to meet the United States forces in actual conflict-in that event to throw down their arms and refuse to render a service, the per