Moore to P. S.—I also enclose copy of my answer to Mr. Benjamin, February 16, 1863

Consul Moore to Mr. Benjamin.

Sir: I have the honor to request your favorable consideration of the following enactment, in so far as it regards British subjects.

I observe that the legislature of Mississippi has passed an act to amend an act entitled “An act to revise and reduce into one the militia and volunteer laws of that State.” Section 12 runs thus:

“Be it further enacted, That all white male persons above the age of eighteen years and under the age of fifty years, residing temporarily or permanently in this State, and not specially exempted by law, shall be liable to serve in the militia of this State.”

Also, the following order has appeared, thus:

“Department of State, Richmond.

“Headquarters, State of Mississippi, “Adjutant and Inspector General’s Office, Jackson, January 19, 1863.

“Special Order, No. 271.

“Major General T. C. Tupper:

“Section 3. You will order all field, company, and staff officers not in active service, and all white males between the ages of eighteen and fifty, who are either temporarily or permanently residing in the State, to be included in the draft, except such as may be liable and have not been discharged from conscription. All those discharged from State service by reason of surgeons’ certificates, together with those who are exempt from conscription by act of Congress, are to be included in said draft, unless specially exempt by the laws of the State.

“By order:

“JOHN J. PETTUS, “Governor and Commander-in-Chief.

“James S. Hamilton, “Adjutant and Inspector General, State of Mississippi”

I would, therefore, now crave your opinion as to the construction of this order, if I am to understand that any act of Congress is to be subservient to the legislature of Mississippi.

I put this question as a case has arisen, this morning, claiming my interference to protect a British subject, in accordance with the Queen’s proclamation of neutrality, from enrolment in that State.

I have, &c.,