Fullarton to By the President: J. P. Benjamin, October 1, 1863

Acting Consul Fullarton to Mr. Benjamin.

Sir: Complaint having been made to me by J. C. Peters, a British subject, residing in Columbus, Georgia, that he has been compelled to enter military service under Governor Brown’s order for a draft to complete the number of 8,000 men required from this State for State defence, and having failed to secure his exemption from Governor Brown while the force was under his command, it becomes my duty to apply to you on his, behalf now that I observe, from Major General Cobb’s General Order No, 7, dated at Atlanta the 29th of September, that these troops have been turned over to the confederate government.

Whilst her Majesty’s government might be well content to leave British subjects voluntarily domiciled in a foreign country liable to all the obligations incident to such foreign domicile, including, where imposed by the municipal law of such country, service in the militia or national guard or local police, for the maintenance of internal peace and order, or, even to a limited extent, for the defence of the territory from foreign invasion, it is not reasonable to expect that her Majesty’s government should, in the present state of things in this country, remain entirely passive under the treatment to which British subjects are exposed; such, for instance, as being compelled to serve in regiments nominally of militia, while they would be really exposed, not only to the ordinary accidents and chances of war, but also to be treated as rebels and traitors in a civil war involving many questions in which they as aliens cannot, simply by reason of this domicile, be supposed to take interest, as to which they may be incompetent to form an opinion, and in the determination of which they are precluded from freedom of choice and action. No State can justly frame laws to compel aliens resident within its territories to serve against their will in armies ranged against each other in civil war, and, à fortiori, in the absence of such laws they cannot enforce the service.

To these considerations must be added the fact that the persons who are the victims of this forced enlistment are forbidden, under severe penalties, by the Queen’s proclamation, to take any part in the civil war now raging in this country, and that thus they are made, not only to enter a military service contrary to their own wishes, and in violation of the tacit compact under which they took up their original domicile, but also to disobey the order of their legitimate sovereign.

I have always understood that the men composing this force for State defence were only expected to defend their homes from sudden incursions or raids from the federal forces, and that it was not contemplated to take them from their homes, or to interrupt their ordinary avocations, unless in case of such sudden emergency. But it appears that they are ordered into camp for the purpose of being incorporated with and made part and parcel of General Bragg’s army now confronting the federal forces in the upper part of this State. You must admit that service for such a purpose is simply conscription under another form.

Under my instructions I have felt it to be my duty to advise British subjects that, whilst they ought to acquiesce in the service required, so long as it is restricted to the maintenance of internal peace and order, whenever they shall be brought into actual conflict with the forces of the United States, whether under the State or confederate government, the service so required is such as they cannot be expected to perform.

I respectfully submit that Peters, as a bona fide British subject, is entitled to exemption from service, and beg that you will release him from a position which forces him to violate that neutrality insisted on in her Majesty’s proclamation.

I may mention that Peters was a member of a company of foreigners tendered to and accepted by the mayor of Columbus for police duty, but, when drafted, was assigned to a company from that city commanded by Captain Brooks.

I am, &c.,