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Lorsque le document est trop grond pour Atre reproduit en un seul clichA, II CrSt fiim6 A partir de Tangle supArieur gauche, de gauche A droite, et de heut en bas, en prenant le nombre d'Imeges nAcessaire. Les diagrammes suivants lliustrent la mAthode. ■ta »lure, 3 2X 1 2 3 1 2 3 4 5 6 'v^ ^^^^^^^^m^^^B-^. TUK ^ngli$| O^nlistmtnl (|utsti0ii. | REVIEW OF SECRETARY MAROY'S LETTER, OF MAY 27, 1856, IN IlEPLY TO LORD CLARENDON. BY R. W. RUSSELL. -♦<< NEW YORK: \V.\1. C. BUY ANT A. CO.. I'HINTERS, 41 \ASSAi: ST., (X)U. LIlJKIfl'V, m 18 5 0, II c a r si 1> a li n S( a 8 tl a J^ a ai E THE ENGLISH ENLISTMENT QUESTION. REVIE^f OF SECTlETATiY MAMCY'S LETTER OF ]\rAY 27, ISSfi, IN KEJMA TO LOKI> CEAPtENDOX. Mr. Marcy, in this letter, assumes that wliat lie calls '• the unlaAvful acts in question wore not authorized by the British Government," he now accepts their statement, that they had not authorized any violation of the law of the Ignited States, as perfectly satistactory, so far as they are concerned, althouo;h similar assurances in the previous corres])ondence did not meet with the same favor. Mr. Marcy maintains, however, that ng-ents were ein]iloYed by Mr. Cram])ton aiul the Consuls at New York, Philadelphia and (Cincinnati, to do more than Lord Clarendon contends they had a right to do, aiul in fact that rliey authorized the hiring of men to go to llalitax to ln^ enlisted. 'J'iiese three genth'meu severally deny the charge — i. r., they deny that they hirerl or authorized the hiring of any jierson to go out of tiie I'nited States for the purpose of being enlisted. Ihit they do not deny that they authorized agents to invite and assist (British subjects iu\i\ other foreigners in the United States to proceed to the Jiritish provinces there to ascertain whether they were accept- able as recruits. Mr. Marcy has insisted that sucli acts of invitation and assist- ance were unlawful, and he shows that as early as the month of March, 1855, Mr. Ch-ampton himself held the same o])iiiion. But Mr. Marcy takes no notice of the fact, that in the month of May following, it was judicially determined by Judge Kane in Philadelphia, upon a writ of hnheas rorpus, that it was lawful to publish handbills, specifying the terms <>ii wliich recruits would be received at ITalitax into the Queen's service, and that it was also lawful to ])ay the passage of a man wnin the United States, that they were ready to receive such suitable persons as might present themselves at an ai>i)ointed place, in one of the British possessi(»ns, and he (piotes Judge Kane's de- cision. Again, Lord ( 'iareiulon, ir his letter of Xovember, 16, 1855, insists that it is no violation of the territorial rights of the United States " to jier^oiadr or to as/^iKt men nu'rely to leave the United States territory and to go into British territory, in order when they arrive there, either to be voluntarily eidisted in the British service or not, at their own discretion." To this Mr. Marcy replies, in his letter of December 28th, 1855, to Mr, JJuchanan, that Lord Clarendon is putting forth a right to recruit in the United States, and he (^[r. Marcy) em- phatically denies that right. Here it may be observed, tiiat in the early corres]>ondence Ml'. Marcy and Mr. Buchanan oidv chiimeeeii violated, and their policy set at nought. And in liis letter of December 28, 1855, he goes further, and insists that the act of Conm-ess itself is violated without anv act of enlistment <>r hiring, whenever any ])erson has been induced or " brought to the determination" l»y the information given in handbills, A-e., circulated in the United vStates, to go abroad to enlist. We now come to Lord Clarendon's letter of April 30, 185G, which is bv Mr. Marcv i>ron<>unced to l)e satisfaetorv, so far as the Ih'itish Government is concerned. In tiiat letter, Lord Clarendon lectures Mr. Marcy on elementary principles; and in reference to his argument, that the policy of the United States ha///, it must be understood to be the policy of the State to ju'ohibit. and what those laws do not forbid, it must be understood to he the policy of tlie State to allow." * -X- X- X- -;r /if)'(icts, or i'>ifja.'/')/irHf.>i -within the U^nited States, and hiring or retaining persons to (piit tlu" United States with intent to be enlisted elsewhere." Mr. Marcy 's reply is silent ftn the question of international law — does not insist that the agents of a foreign gtaiice to residents of the United States desirous of going to the Briti-li jjrovinees for the express purpose of offering them- selvi s as reciuil^ ; and it is not i)retended that the British Min- ister aiidCdUsids were not authorized to act in accordance with that opinion ; nor will anybody pretend that the Britisli Go- venunent did not pay the expenses of giving such information and assistance, Mr. Marey, in his last letter, lays it down expressly, that "the simi'le issuing of a handbill, specifying the terms on which recruits wnnld be received at Halifax into the Queen's service," would be a violation of the Act of Congress, which would other- wise, accoiding to Mr. Marey, be '" but little better than a dead letter." And yet he withdraws his demand for a disavowal of or an apology for, the conduct of the J.ieutenant-Crovernor of Kova Scotia and other Britisli ofKcials, who, acting upon Lord ( larendoii's opinion, did what Mr. Marey once denounced as a violation of the law of nations and a disregard of the inimicipal law of the United States. j\Ir. Marey says, " In respect to such of those ofHceis and agents as have no connection with the Government, it has nothing to ask from that of Her Majesty," but that the case was diiferent in relation to Mr. Crampton and the Consuls. Mr. Marcy's letter of December 28th, 185.5, contains a demand that the men who had (he says) been "enticed" or "decoyed" to leave the United States for the purpose of being enlisted should be given up. To this Lord Clarendon replies, that if any men had been enlisted in the United States, or hired there to go on into a liritish ])rovinco fur tlio purpose of l)cing enlisted, they hIiouUI 1)0 givcMi up l)y the British Uoverunient, but that "no person hml to tlicir kiiowlo(li,^o boon enlisted M-itliin the United States, or left the United States under contract made therein, to enter the service of the IJritish army. Mr. Marcy acecpts this as satisfactory, and therefore has in effect abandoied all his hi«;h-tlo\vii doctrines about seduction and sovereign rights, and now impliedly acknowledges that his first construction of the law was the correct one. To be sure, he is not consistent with lilniself in this his last letter, for we find him in other parts of it still clinging, for some of the \>\\r- po>es of his argument, to the extravagant proposition that a man is liable to imprisonment for three years if he publishes an advertisement t)r makes a sjiei'ch showing that advantageous terms are offered to recruits for foreign govei'nmeuts. No such doctrine has ever been propounded from the Bench in this coun- try, and none siu-h ever will be. It Avill be utterly scouted everywhere now that it has served its purpose in the diplomatic controversy with (ireat Britain. No one will have tlie hai'diliojd and foolishness to seek to en- force such an interpretation (jf the law in any other case. For exam}»le, supjtose that (Jeneial Walker establishes himself in -Nicaragua and wants men, will anybody pretend tl.>at it is un- lawful to niake speeches or publish handbills showing the terms which he offers to such per>()ns as may present themselves to him and be appioved ol'^ Will the courts decide that to advise or assist a man to go to Nicaragua is to hire him, within the meaning of the act of Congress ^ Are penal statutes so con- strued^ Certainly not ; and notwithstanding Mr. Marcy *s re- peated assertions to the contrary in his last letter, the courts of this counti'v have held that it is lawful to give such information and assistance. It is not imprt)bable that the Nicaragua case is the true cause of Mr. Marcy's virtual but awkward abandonment of In's se- duction doctrines, he well knowing that they would be sum- marily tliscarded and ridiculed if any attempt were made to enforce them to the prejudice of (Jeneral Walker and his party. Lord Clarendon, in his correspondence, with the (iovernment of the United btates, has never denied that information and as- sistauce were given in tlic ruitod States to persons desirous of emigrating to tlie Britisli provinces. His I.onUhip cliiinicd the right to give sucii intornuition uners, for he (piotes from them. And in the letter from Mr. Crampton to the Karl of Clarendou, dated Xovend)er 27tli, 1855, Mr. Crampton says, that whilst bo was at Halifax in the previous months of May and .lune, he was infcunied by Strobol " that he knew manv hundreds of ( Jermans in the cities and country in the vicinity of the (Jreat Lakes, who oidy recpiir- ed to be informed of where they could be received in Canada and to he suj>j)/iiJ with ilw xntitll mun icliili irou// cdi'ijf t/ti ir travcUimj t'u'j)( ;i.', immediately to present themselves on Hritish Territory for enrolment in Her Majesty's service. This plan seeming to me to |>reseut a better ]>rospect of success, and at the same time to be unobjectionable as regarded the laws of the United States, was apted; l)Ut so anxious was I that no misunderstanding should exi^t, tir mistake be euunnitted in this respect by the j)ersons who were to cari-y it out, that 1 drew up for their use the memorandum which has since been pro- duced by Strobe] as 'States' Kvidence,' on the trial of Hertz at Philadelphia, as proving that 1 had authorized him or others to violate the ^s'eutrality Laws; and I woidd take the opportunity of saying that every word he has said in order to convey the impression that 1 directed him or an\ body else ^> act othcrxDise than in iwu/cafed in that im iitoKtndum, is utter- ly false." The passage above quoted presents the \vh(»le case fully and clearly. We see from this, that inforuuition and assistr.nco were given to emigrants; that Strobol, and perhaps otliers, were employed for that purpose ; that they had printed instructions; and the single question is, whether tl;ey are to bo believed when they assert that Mr. Crampton, or either of the Consuls, authorized them to violate those instructions i These gentle- men deny the charge; and we shall see presently that there can be no difficulty whatever in determining which of the parties is telling the truth. The printed instructions contain the following : " No promises or coiitractB, written or verbal, on the aub- jeotof cnliptiiieiit, must lie oiilcred into with any })er8on within that jiiri>t(>n and tho Consuls only authorized the giving of information and assistance to emigrants, thoy are sustained by their own Cioverninont ; and Mr. Marcy (should, instead of complaining of tho suhordinatos, have retpured that (iovern- ment to acknowledge its orror. uidoss. indeed, Mr. Marcy, in view of the oj>position which is springing up in the South to Ids latitudinariau intorpr^'tatiou of tho neutrality laws, was willini; to abandon tho di^c !>-ion with Lord t'larondon and loavo him the victor. The neutrality laws, a-^ thoy will be henceforth understood and acted upon, especially in reference to (Central American ail'airs, merely forbid enlistments atul hirings in tho I'nited States Anyliody may open an intelligence otHce — may pay the passage of enngrants — may issue handbills, publish adver- tisements, and make sjioechos in favor of enngration, for the purpose ol" oidi^ting in fi^reign service. As ol>sorved by Mr. Marcy, in his recent corrosj)ondcnco on Nicaraguan affairs, any ntimber of persons may go o\it of the Tnited States to become soldiers in a loroign country, provided that tliere be no organ- ized expedition from hence. If this government had not sympathized with Russia, there T 8 would have been no interference witli the attempt to obtain vohinteers for the British army, and tliat attempt woidd have been eminently successful. At the outset of the war -with Rus- sia, it was generally supjiosod that the sympathies of this go- vernment and people wcie with the Allies, and no one could have anticipated that this iiovernment would deny the right to invite and assist foreigners liere to leave the countrv and take part in the war. Even citizens of the United States liave a right to go abroad and cidist in tVireigu armies, and indeed they may expatriate themselves iuid throw nil' their allegiance to the land of their birth, altogether. Having these rights, it cannot be unlawful to aid and assist them in their exercise until some new legislation shall make it a crime to do so. In the free States (whatever nuiy have been the case in the slave States) the cause of the Allies was popular at tirst. Wlio could then foresee that all this woidd be changed, and that the government W(udd become unfriendly to Kngland, and stretch the neutrality laws so us to prevent (he adoption of jneans whereby British subjects, (ionuan>, and other f >reigners in the United States, might i)e inihiced to go to the Uritish provinces to enlist J Many thousan a violation of the Act of Congress, sid)jecting the ollender to three years* iniprisounient. But now a new light from the South breaks over the cabinet, and the conduct of the British (iovernment in employing agents to give infornnition and assistance within the limits of the United States to persons desiri>us of emigrating for the )tur- pose of enlisting in the British army is no longer com]>iained of — at all events the complaint is not jxu-sisted in. Why, then, did not Mr. Marcy let the controversy drop ^ — 4 I 9 why does he pretend to believe tliat Mr. Crampton and the Consuls authorized more to be done than the giving of informa- tion and assistance? All the documentary and other evidence referred to by Mr. Marcy is perfectly consistent with the hypo- thesis that Mr. Crampton and the consuls did no more than Lord Clarendon contends they had a right to do, Mr. Marcy knows that very well ; and yet he argues, that as some agents were employed for the purjjose of giving information and as- sistance, Mr. Crampton and the Consuls must be held i-espon- sible for any of their alleged excesses, and also for wliatever may have been done by mere volunteei"s. On the ( question of veracity between ]\[r. Crampton and the Consuls on the oj»e hand, and Hertz and Strobel, etc., on the other, it will be sufficient to (piote a few lines from Mr. Cramp- ton's letter to the Earl of Clarendon, dated ^Nfarch 3d, 1856, in which letter Mr. Crami)ton details the course he had pursued. "The evidence to which Mr. Marcy refers a.s establishing his charges is partly documentary and |)artly oral. " The documentary part consists chiefly of notes addres^sed by me to Strobel and Hertz, and of a j)iiper of instructions which I drew up for the pnrjiose of prcvonting, and not of authorizing, a violation of the neutrality laws of the United Stares. "These notes were written In answer to repeated inquiries made to me by tlie said Strobel and Hertz, as to where they and numbers of their friends and countrymen, whom they repre- sented as most eager to eidist in the British service, were to go in order to be enlisted, and on what terms they would be received." As to the so-called confession of Hertz, "NFr. Crampton says: "What 1 did tell him in n'gard to the neutrality law and the enlistment, seems to have served liim as a guide for the points in regard to which his false statements might be made with most etlect. He has followed implicitly the lule (tf mak- ing me say the direct contrary to what I did say on those subjects, "For instance, he says, 1 told liim the 'neutrality law was exceedingly lax and that if any tiling should happen, the British Government would not allow any one to sutler who had 2 10 been engaged in assisting them to furnish men.' I told him that the neutrality law was very stringent, and read it to him, and that if he or othei-s violated it, the British Government would have nothing to say to them, and that they would have to take the con- sequences of their own acts. His statement of my giving him my word of honor as a gentleman that nothing disagreeable should happen to him, I presume, refers to my having told him that if he set up a recruiting office ' on his own hook,' as he proposed, and afterwards attempted to do, he Avould render himself liable to three years' nnprisonmciit. "I enclose several affidavits regarding this man's character, as well as a threatening letter addressed by him to this mission." No reasonable and inii:>artial man can fail, upon an examina- tion of the evidence, to conclude that what Mr. Crampton and the Consuls say is true. Indeed, Mr, Marcy himself says in his last letter, '' By adopting Lord Clarondon's construction of our neutrality law contained in his note of the 16th of Novem- ber, which renders it almost nugatory and contrary to that of this Government, and of its judicial tribunals, these officei's have not probably found much embarrassment in meeting the charges with a general denial.'' If we adopt the construction of the law receiitly contended for by Mr. Marcy, many acts perfectly iiniocent and even laud- able will be made criminal, and Mr. Cram])ton and the Consuls must be treated as liaving violated the law. It will be observed that in the passage jnst (piotod, it is cool- h' stated by Mr. Marcy that Lord Clarendon's construction of the Act of Congress " is contrary to that of tliia (Tovernment and of its judicial tribunals." No doubt it is contrary to that recently adopted by the Government, and still more recently virtually abandoned by it ; but, when and where did any ju- dicial tribunal lay down the law as Mr. Marcy did for a while ? Mr. Marcy has ne^er noticed Lor(i Clarendon's (quotation from Judge Kane's decision, which will be found in his Lord- ship's letter of July 16t,h, 1855, and which, wholly negatives Mr. Marcy's law. No judicial decision adverse to that of Judge Kane has ever been pronounced ; and yet we find Mr. Marcy in •\ 11 Lis last letter ret'erriug to that very decision as showing that the law had been violated by Mr. Cranipton because it was there held that there w.as evidence showing that Hertz had hired a man to become a soldier. Mr. Marcv eavs : " 1 trust that it will not bo questioned that it belongs exclusively to this Go- vernment and its judicial tribunals to give a cousti uction to its municipal laws, and to determiue what acts done witliiu its juris- diction are an int'riugenient of these laws." Mr. Marcy wholly misrepresents the purpose of the law, and the intention of its framers. Congress never would, at any time heretofuro, and will not now, ]>ass a law to prevent any persons from advising or assisting others, even citizens of the Uniteil States, to emigrate for the pur])ose of being enlisted. The ob- ject of the Act of Congress was merely to ]»reserve the neutrality of the United States, not to prevent tlu; jteople from entering into foreign service. It certainly will not be admitted l>y a foreign government charged with having authorized a violation of the laws of the United States, that the mere assertion by the Uresidont of what the law is, shall prevail against the |»lain meaning of it and the judicial decisions. fiOrd ('larmdon had called Mr. Marty's siu'cial attention to the construction of the act ot" Congress which had been pro- lumnced in the United State.- CfMirt ; why did not Mr. Marcy show that the decision referred to had I»oen overruled or dis- regarded l>y other judges if >nch were the tact ? Why had not Mr. Cranipton good right to suppose that .Indge Kane had correctly inter]»retcd the law ( It is trne that Mr. ('ramj>ton had ])reviously hc^en advised that it would be a \iolation of the law lo assist any emigrant ; but as the question was fully discu>sed before tlu' court antl decideil, Mr. Crampton and the Consuls were perfectly justified in acting u])on that de- cision, and they did so; and tliis disposes of Mr. Marcy "s refer- ence to Mr. Cranq)tou's earlier iiitcr[)relation of the law. It would 1)0 the merest churlishness to insist on the dismissal of Mr. Crampton and the Consuls merely on account of their act- jug upon . fudge Kane's decision, even if it had been afterwards determined l)y an appellate court that the judge was wrong. Mr. Marcy intimates that Mr. ('ramj)t(m concealed what he 12 wa- (Inin^. It is tnie that Mr. Crainpton did not go into details with ^^r. ]\rar('y, and for tlie very good reason, tltat he had no ri_i';]ii to oxject tliat Mr. .Nfarcy would take any interest in them, or "Her any siigi;' sfion- on the subject. Indeed, the attempt to exitlain di'tails to ^f!■. Maicy nli^■ht have been resented by him a;* an assiini[>ti<'n that he wa-i flis])o«ed to co-operate with the Briti^h (iovornnnu'ut in tlieir efforts to induce i)eople to go to tlie Hritisli pri^vincos t'o- the purpose of enlisting themselves. Ihit it is clear that Mr (.'niinpton did tell ]\[r, Marcy that the British Government were iioing to open I'ccruiting establish- ment> in the British jirovincrs for the recejition of people from the I'luted States, and that Mr. Nfarcy replied that as many might go as plea-ed. It was no part of the duty of Mr. Crampton to call the atten- tion of Ml'. Marcy to Judge Kane'^t decision ; but it certainly would have been but lair for ]\Ir. Marcy to intbrm Mr. Cramp- ton that he must not rely u]»on that decision if he (Mr. Marcy) had resolved to rei)udiate it. Ml-. Cranii)ron well observes — " Mr. Marcy, as well as the President J tlattered myself, would have felt convinced that however erroneous they might suppose my views of the neu- trality laws to be, I should have ^>."^»'dingiy. But the owners having made affidavit that she had " no guns or materials of war under her coal" and having given other explanations, the vessel was dis- charged, and Mr, Jiarclay published a card in the New York Herald exonerating the owners from all suspicion. u Mr. Marcy treats the Consul as a delinquent, because the policeman's affidavit was incorrect. This is but one out of many, very many, clear nidications in this correspondence that the present Government of the United States is actuated by a vindictive spirit of hostility towards England and her representatives. The object of tho President and his Cabinet is evidently to earn popularity with certain men who are influential in democratic caucuses and conven- tions by heaping insults upon the British Government. And the whJle correspondence is, on the part of Mr. Marcy, a mere network of quibbles and special pleadmg, more worthy of a county court pettifogger than a statesman to whom are con- fided the interests of a great nation. the sin ited ards lent tain vew- A.nd lere of a con-