Lord Lyons: A Record of British Diplomacy, Vol. 1 of 2

by Baron Thomas Wodehouse Legh Newton

In February, 1862, nearly all political prisoners, other than spies, were ordered to be released on parole, and in April Lord Lyons was able to report that although the Executive Government retained the power to make political arrests it was rarely exercised. He stated that he was not aware of any British subject being detained arbitrarily as a political prisoner, and that although arrests without form of law were still being made by the military authorities in places occupied by the forces of the United States, they appeared to be confined in general to persons accused of offences affecting, more or less, the discipline or safety of the army.

As was only to be expected, there were an enormous number of applications made to the Legation by persons who were aggrieved by the operation of martial law, but what gave far more trouble was the attempt of the United States Government to exact military service from resident British subjects.

The established principle is that resident aliens, in return for the enjoyment of ordinary civil rights, should be liable to discharge certain duties in connection with the administration of justice and the maintenance of order, and that in certain cases they may reasonably be called upon to take part in the defence of the country against invasion. On the other hand, the incorporation of aliens in the regular army or navy is manifestly unjust, for it prevents departure from the country and might conceivably incur the obligation of having to fight against their own countrymen. This, it is true, is not applicable to a civil war, but an alien might well argue that a civil war, waged between citizens for an object in which he, as an alien, had no concern, was a totally insufficient reason for dragging him into the contest. It is difficult to believe, for instance, that the United States Government would tolerate the compulsory service of American citizens in the army of a South American Republic in the event of an attempt being made to impress them during a civil war. Consequently, when hostilities began, the Washington Legation was besieged by persons who desired to be exempted from service by getting registered as British subjects, many of whom had announced their intention of becoming American citizens at the earliest opportunity. Prima facie it seems only reasonable that persons who deliberately exchange one nationality for another, more especially if like many of the Irish emigrants they have professed undying hostility to England, and everything English, should accept any liability imposed upon them, but the question was complicated by the fact that they had not acquired full rights of citizenship, the naturalization of a foreigner in America, necessitating a residence of five years in the United States, and a declaration of intention three years in advance.

Instructions upon this question were requested from Her Majesty's Government before the war broke out, and in reply it was stated that there was nothing in International Law which prohibited a Government from requiring resident aliens to serve in the police or militia; if, however, the militia were to be embodied for active service, and substitutes were prohibited, then 'the position of British subjects would appear to deserve very favourable consideration, and to call for every exertion being made in their favour.' A similar opinion was expressed in July, 1861.

The difficulty really arose out of the defective military organization of the United States, which was based upon the voluntary system. The so-called voluntary system, which is in reality only a high-sounding device to impose upon an impecunious minority what ought to be a general obligation, may be an admirable institution in time of peace, but it invariably breaks down in a really serious emergency, and it was the totally inadequate nature of that system which forced both combatants in the American Civil War to have recourse to all sorts of discreditable expedients.

It has already been stated that at the beginning of the war the American regular army consisted of only 16,000 officers and men all told. Immediately after the seizure of Fort Sumter, in April, 1861, President Lincoln called out 75,000 militia, and in May he called for 42,000 volunteers for three years, half of whom were to serve in the regular army, and half in the navy. At first these appeals were responded to with the greatest enthusiasm, but it was not long-lived, for, as has been related, even as early as the battle of Bull's Run in July, militia regiments insisted upon leaving at the completion of their period of service, and from that date the difficulty in finding recruits continued to increase.

The pay of the privates was in May, 1861, raised to thirteen dollars a month, which, however, may be considered low when compared with the five shillings a day we paid to untrained men during the Boer War, and it became clear that not only was it difficult to attract volunteers, but also to keep them when obtained. In view of the methods employed in recruiting them it was not surprising that the results were frequently unsatisfactory.

The usual method employed was to inform the Governor of a State of the number of men required. The Governor having made the necessary announcement, private persons came forward offering to raise regiments. Each set forth his claims, his influence in the State or among a certain portion of the population, and his devotion to the party in power.

From the persons thus presenting themselves the Governor made his choice. Generally the person upon whom the choice fell laid it down as a condition that he should have the command of the regiment. The next thing was to find soldiers. Friends seized with the same martial ardour promised to bring so many recruits if they were made—the one a Captain—another a Lieutenant—another a Sergeant, and so forth. The framework was thus formed and partially filled up, and the regiment being thus organized, the lists were carried to the Governor for his approval.