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formance of which would run directly in the teeth of Her Majesty's proclamation, etc. It is worthy of remark that the language you enploy is 'to leave their immediate homes, or to meet the United States forces in actual conflict.' Your advice then to British subjects, if I correctly understand it, is that when the United States forces attack the immediate locality of their homes or their own houses, they are not to defend them as required by the laws of nations against such local invasion, but they are to throw down their arms and refuse to fight for the protection of their domiciles. In reply to this, it is my duty to inform you that I can neither be bound by your pretensions that the United States is not a power foreign to Georgia, por can I admit the right of Her Majesty by proclamation to change the laws of nations, and insist upon maintaining her subjects here and exempting them from the performance of the duties imposed upon them by the laws of nations. When the troops now drafted have been turned over to the government of the Confederate States to be held in readiness to repel local invasion, if they should, upon the approach of an hostile force, follow your advice and throw down their arms, that government will have the power to pardon for such conduct, or to strike their names from its muster rolls if it chooses to do so; but if an attempt should be made by the enemy upon the immediate locality of their homes, while I control and command the forces to which they are attached, and they should be guilty of conduct so unnatural and unmanly as to throw down their arms and refuse to defend their domiciles, they will be promptly dealt with as citizens of this State would be, should they be guilty of such dishonorable delinquency.

“ In another part of your letter you take occasion to say that you do not see why the change in the political relations of this country has imposed new obligations upon the subjects of Her Majesty, as they had no voice in the councils which brought about the present state of affairs. With the same reason you might say that you cannot see why the laws of nations require British subjects in any case to defend their domiciles when located in a foreign country against the local invasion of another foreign power when they had no voice in the councils which formed the government in which they are permitted to reside. I insist that British subjects resident within its limits, though they had no voice in the formation of the new government, owe the same service to it when established which they owed before its formation to the government whose power originally extended over its territory and embraced their homes; and that they are bound to conform their conduct to the new order of things or to seek homes and protection elsewhere.

“But I am informed by your letter that, with regard to the protection afforded by the State to an alien, it appears to you to extend little beyond the safety of life. And as the laws of Georgia forbid an alien to hold certain kinds of property you cannot see how a thing can be protected which is not suffered to exist.

"Upon the first point I need only remind you that our courts are at all times open to aliens belonging to friendly powers for the re Iress of their wrongs, and that the same protection is extended to their persons and all the property they legally possess which is enjoyed by citizens of this State.

“I trust a re-examination of the laws of your own country would satisfy your mind upon the other point, as you will there find that the laws of Great Britain forbid an alien to hold .certain kinds of property,' and it is the boast of that Government that it protects aliens who reside within its jurisdiction. The laws of Great Britain in reference to the right of aliens to hold certain kinds of property while domiciled in that kingdom are certainly not more liberal to the citizens of Georgia than the laws of Georgia are to the subjects of Great Britain.

“While I am unable to perceive the justice of your complaint in the particulars last mentioned, it is gratifying to know that there is no law of nations or of this State which throws any obstructions in the way of the removal of any British subject from the State who is not satisfied with the privileges and protection which he enjoys, you remind me, however, that not a few of them are mechanics, of whose inestimable services at this crisis the Confederacy will be deprived in case of their removals. These mechanics have no doubt remained in this State because they felt it their interest to remain. And in reference to them this State will very cheerfully adopt the rule which generally controls the British government. She will consult her own interest, and will exempt from military service for local desence, such mechanics who are aliens as choose to remain and will be more serviceable in that capacity.

“I reply in the affirmative to your inquiry whether aliens already drafted may avail themselves of the alternative of leaving the State in preference to rendering the service. While an alien will not be permitted to evade the service by leaving the State temporarily during the emergency, and then returning, his right to leave permanently when he chooses will not be questioned. I do not insist that an alien shall remain here to serve the State, but I contend that while he chooses to remain under the protection of the State he is bound by the laws of nations and of this State to obey her call to defend his domicile against insurrection or local invasion.

“ This, I apprehend, is all that is intended to be claimed by your government in the instructions which you quote. While the British government has a right to demand that its subjects shall not be detained here against their will, and compelled to take up arms on either side, it certainly would not place itself before the world in the false position of insisting on the right of its subjects to remain in another State, contrary to the the wish of the government of such State and to be exempt from the service which, by the common consent of nations, such State has a right to demand.

“You conclude your letter by informing me that my decision contrasts strongly with the conduct of the United States government, who have conceded the claim of bona fide British subjects to exemption froin any military service whatever.

As the United States government is the invading party in this war, and can but seldom need the services of British subjects to defend their domiciles, which are scarcely ever subject to invasion, as it has no right under the laws of nations to compel them to bear arms in its invading armies, as it is not in a condition to be compelled to economize its supply of provisions, and as it is reported that it bas, by the use of money, drawn large numbers of recruits for its armies from the dominions of Her Majesty, in violation of the laws of her realm, it may well afford to affect a pretended liberality, which costs it neither sacrifice nor inconvenience. But you say that my decision also contrasts strongly with that of the Governors of other Southern States, who, upon representation, ordered the discharge of British subjects forcibly detained in service. In a former part of your letter when speaking of the advice given to British subjects to throw down their arms, in case they should be required to meet the United States forces in actual conflict, you use this sentence: 'In other States British subjects imprisoned for following this advice have already been discharged from custody and service by order of the War Department.' Excuse me for remarking that these two sentences contrast 80 strongly with each other that I am unable to understand why it became necessary for the War Department to interfere and discharge British subjects imprisoned in other States for throwing down their arms and refusing to fight, if the Governors of those States had, upon representation, in all cases ordered the discharge of British subjects forcibly detained in service.

“ Trusting that my position is fully understood by you, and that it may not be necessary to protract this discussion, I am, with high consideration and esteem,

" Very respectfully, your ob't serv't,

“ JOSEPH E. Brown."

}

“ BRITISH CONSULATE,

SAVANNAH, Sept. 12, 1863. “ TO HIS EXCELLENCY GOVERNOR BROWN, MARIETTA:

“ Sir :-In your letter of the 26 ult., your Excellency informed me that aliens already drafted may avail themselves of the alternative of leaving the State in preference to rendering service. I have now the honor, therefore, to request your Excellency to issue orders to your officers to grant J. D. and F. M. Kiely, two drafted subjects, residents of Rome, Ga., leave to quit the State, and permission to remain unmolested in Rome 30 days to settle their affairs in that city. “I am, sir, your most obedient servant,

“ A. FULLARTON, Acting Consul."

" MARIETTA, September 14, 1863. “MR. A. FULLARTON, Acting Coxsul OF GREAT BRITAIN:

Dear Sir:-I have the honor to acknowledge the receipt of your communication of the 12th inst., in which you request me to issue orders to the commanding officers to grant J. D. and F. M. Kiely, two drafted British subjects, residents of Rome, Ga., leave to quit the State and to remain unmolested in Rome thirty days to settle their affairs in that city. This permis. sion will be cheerfully granted upon the production to me of sufficient evidence that the persons named are British subjects.

“ By an ordinance of the convention of this State, representing her people and her sovereignty, passed on the 16th day of March, 1861, it is declared :

" That all white persons resident in this State at the time of the secession of the State from the United States with the bona fide intention of making it the place of their permanent abode, shall be considered as citizens of this State without reference to their place of birth; provided, that any person not born in this State can exempt him or herself from the operation of this ordinance by a declaration in any court of record in the State, within three months from this date, that he or she does not wish to be considered a citizen of this State.'

“ The ordinance of secession referred to in the above quotation was passed on the 19th day of January, 1861.

“If the Messrs. Kiely were resident in this State on the 19th day of January, 1861, and did not file their declaration in a court of record in this State within three months from the 16th day of March, 1861, that they did not wish to become citizens of this State, they accepted the privileges and obligations of citizenship offered them by the State and ceased to be British subjects, and are consequently not entitled to the leave to quit the State for which you ask under my letter of 26th ult. If, however, they became residents of this State at any time since the 19th day of January, 1861, or, if they were then residents and filed their declaration as required by the ordinance, within three months after the 16th day of March, 1861, they will be allowed the thirty days to arrange their affairs as you request, and permitted to depart from the State at the expiration of that term. “With high consideration, I am, very respectfully,

. Your obedient servant,

"Joseph E. BROWN."

66

CHAPTER XIII.

RECONSTRUCTION OF GEORGIA. The surrender of the Confederate armies, and consequently the forces of this State; the arrest and imprisonment of the Governor, and consequent cessation of all civil authority; and the substitution of military government over the State for the time being,-left the people without government or legal protection, except the will of local military commanders and their subalterns.

The President of the United States, Abraham Lincoln, had been assassinated. The Vice-President, Andrew Johnson of Tennessee—a southern Democrat, who had joined our enemies in the struggle—was by that sudden, ill-advised, and unfortunate murder, invested with the executive power of the Union, just as the last, expiring efforts of the remnant of Confederate powers were being made, and as the banners that had waved so often in triumph were being lowered, never to rise again.

President Johnson had been selected from the South, while hostilities were progressing, and given the second office of honor in the Union, as a reward of his fidelity to the Union, and opposition to his own State and to the South, and his supposed power of disintegration and division among our own people. When the executive power was thus suddenly devolved on him, he chose to follow the policy that gave him power, by conferring power and honor on men who had stood opposed to our

He selected and appointed as provisional governor of Georgia, Honorable James Johnson of Columbus, Geor

cause.

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