Lord Lyons to Mr. Seward.
Sir: I have the honor to acknowledge the receipt of the note, dated the 3d instant, in which, with reference to the oath exacted by the military authorities at New Orleans, you state that as this oath will be impartially administered to all foreigners, it is considered that no government can justly complain of its exactions from its subjects, to whom, if it should be unacceptable, due time will be allowed to depart beyond the limits of the United States.
If you will do me the honor to refer to the letter addressed to Major General Banks, by the acting British consul at New Orleans, on the 30th of May last, of which I transmitted a copy to you, and on which my representation respecting the oath was based, you will find that one of the principal objections stated is that the oath is exacted from foreigners as a condition of their being allowed to leave the country; in fact, that foreigners, including even seamen arriving and departing in the same vessel, are obliged, in order to obtain permission to quit New Orleans, to take an oath imposing upon them obligations following them beyond the jurisdiction of the United States.
I transcribe the following passages from the letter to which I have referred:
“After a British vessel has been cleared for sea, it is required that the crew, whether the same that arrived with the vessel or those shipped here, shall subscribe the neutral oath (that is, if they are aliens) before the vessel is allowed to depart this port. British subjects, properly registered as such, are also required to subscribe the oath when obtaining a pass to leave this department for the north or for a foreign country.”
I presume that, in conformity with the assurance given in your note that to foreigners to whom the oath is unacceptable due time will be allowed to depart beyond the limits of the United States, orders have been sent or will be sent immediately to the military authorities at New Orleans no longer to exact the oath from foreigners before allowing them to leave the country.
Still it seems to me that it may well be doubted whether it is proper to exact from foreigners, under any circumstances, an oath so large in its scope and unlimited as to time and place as this, which requires them to swear that so long as their government remains at peace with the United States they will do no act, nor aid, advise, or consent that any be done, nor conceal any act done or to be done that shall aid, assist, or comfort any of the enemies or opposers of the United States, or the authority or government thereof.
I have the honor to be, with the highest consideration, sir, your most obedient, humble servant,
Hon. William H. Seward, &c., &c., &c.