John Russell to her, Majesty’s consuls in the Confederate States of North America, October 11, 1862
Circular addressed to her, Majesty’s consuls in the Confederate States of North America.
Sir: Her Majesty’s government have had their attention called to the forcible enlistment of British subjects in the army of the so-called Confederate States.
I have to instruct you to lose no time in remonstrating strongly against such a proceeding on the part of the authorities of those States.
British subjects domiciled only by residence in the so-called Confederate States cannot be forcibly enlisted in the military service of those States by virtue of an ex post facto law, when no municipal law existed at the time of the establishment of their domicile rendering them liable to such service.
It may be competent to a State in which a domiciled foreigner may reside to pass such an ex post facto law, if at the same time option is offered to foreigners affected by it to quit, after a reasonable period, the territory, if they object to serve in the armies of the State; but without this option such a law would violate the principles of international law; and even, with such an option, the comity heretofore observed between independent States would not be very scrupulously observed.
The plainest notions of reason and justice forbid that a foreigner admitted to reside for peaceful and commercial purposes in a State forming a part of a federal union should be suddenly, and without warning, compelled by the State to take an active part in hostilities against other States which, when he became domiciled, were members of one and the same confederacy; which States, moreover, have threatened to treat as rebels, and not as prisoners of war, all who may fall into their hands.
To these considerations must be added the fact that the persons who have been 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 America, 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.
You will urge these several considerations on the de facto authorities of the Confederate States, adding that her Majesty’s government confidently hope and expect that no further occasion for remonstrance will arise on this point.
I am, &c.,