[Received September 29, 1862.
Mr. Van Limburg to Mr.
Seward,.
[Translation.]
The undersigned, envoy extraordinary and minister plenipotentiary of his
Majesty the King of the Netherlands, has the honor to submit herewith to
the
[Page 645]
honorable Mr. Seward,
Secretary of State of the United States of America, a letter from the
consul of the Netherlands at Philadelphia, showing that the American
authorities have enrolled him for military duty, notwithstanding his
affidavit as consul of the Netherlands for the States of Pennsylvania
and Delaware.
If the undersigned had to demonstrate the illegality of this proceeding,
he would begin by citing to the Secretary of State the letter of
Attorney General Cushing to Mr. Marcy, Secretary of State, under date of
the 4th of November, 1854, in which, speaking of consuls, it is said:
“They are privileged from political or military service.” But the
undersigned thinks it will be sufficient to bring the fact to the
knowledge of the Secretary of State to justify an expectation that the
government of the United States will be pleased to give the necessary
orders that consular prerogatives shall be respected in the various
States of the United States.
The undersigned has the honor to renew to the honorable Mr. Seward the
assurances of his high consideration.
Hon. Mr. Seward,
Secretary of State of the U. S. of America,
&c., &c., &c.
Mr. Zeigler to Mr. Burlage.
Consulate of the
Netherlands,
Philadelphia,
September 26, 1862.
Dear Sir: Your communications of the 24th
instant are to hand; also the copy of the tariff and shipping trade
laws of his Majesty’s government.
The State and United States authorities here have enrolled me liable
for military draft, notwithstanding my affidavit as consul of his
Majesty the King of the Netherlands for the States of Pennsylvania
and Delaware, claiming exemption therefrom.
The commissioners have decided that as I am a citizen of the United
States I am liable for military duty. Will
you bring this subject before his excellency our minister at
Washington, or shall I do it? I certainly cannot perform my
functions as consul, and give protection to his Majesty’s subjects,
(and which, at this moment, is very
necessary,) if I am compelled to serve in the militia of
this State or in that of the United States. The decision of the
commissioners I consider uncourteous, and does not accord with the
tenor of the exequatur of the President of the United States,
granting me all privileges granted to consuls of the most favored
nations. Your early answer as to what course I am to pursue will be
thankfully received.
I will be much pleased and grateful if you will bring this matter
before his excellency our minister at Washington.
I am, very respectfully, your obedient servant,
R. O. BURLAGE, Consul General, New
York.
