The Northern Daily Times.
Liverpool, Merseyside, England, 1856-03-15 00:00:00

the chiming of Chester had- had, an opportunity of consid-
ering the recommendations of the committee in detail.
(Hear.) The reCommendationa had now come before the
council for the first tittle, and'became known only just at the
present moment, which ..he considered qUite a stifficiene
reason for..his.objectint to their' beirig now carried, -(Heir;'
hear.) therekirej move amendthent to:the
re601u1404, wbicil,..he Upright, ,would ,be :couched ib such
t ,rms that it could hardly be objected to. certainly
would'nereinliessly vote' for lundlgamatiorr- in the lace of
the meraoritil-which„had •by his con-

OUR RELATIONS WITH

AMERICA.

dORRESPONDENCE,oN THE ENLISTMENT

QUESTION

We resume our synopsis of the diplomatic correspon-
demi(' whichtiii titkenipla,ce :betivileiv the .gevettiteettt-Of
the United States and that of her-Majesty, on the subject
of the infraction gtitl;te neutrality; lawA. :by the qnpstment
Men in America for service in the_British army. Our
,ression .of ~yesterday. :supplied our,
,cespondence which
ttow.pieeent.aur abstract of the Tengt,hy.,epistle,
whiCtillte dorres nundenee biased, addresSid-by`

jme ,tl?,crei sig

a very ffinntleadioCate indeed, and he
it was tot betteti hands thanihitidto support
of that detcriptien;lbUt he should content hirnscl `,

He was

dens

ments for sendir

a s t akeiri piiee;

Teliminary co

,y:

" That the inhabitants of 'ttis, nun
ifh.es,e,l in the'feSiilt of the present application to

M&RCY TO MR. IitTCHANAN

committee ti whom the 'Matter was
recommended= recommendedl that, the .:anialgamation ke
under -certain conditions, it is the opini.)n of this
.hat tte.furrher consideration of the present appli-
briiild be adjourned to the'neTt meeting of the ie-tin CM
to afford the public atJargeln opportunity, which
they are justly entitled to, of discussing the merits of- the
conditions under which" the committee have made- such

ael,; at

This despiich bears date The 28th December last, and
takes an elaborafe" review of thWantecedent proceedings
reciting, frequently atlength, th&cariestxmdence of which
we 'pave already given an •outline. Referring to Lord
Clarendon's despatch of the 13th October, Mr. Marcy
:! •
It is-perceived with deep regret that there exists a_very
wide difference of opinion between, this government and
that of .Great Britain in regard to the principlqs of law
involved in the pending discuision, and a still wider 4tr,
ferdnee, if possible, as to. the material facts of the case::
It is due alike to the serionsimPortanee of the questions
under consideration, and to the sincere respect entertained
for the elevated character and position of Lord Clarendon,
that opinions and views so much in conflict with his
shoOld not be merely announced; but sustained.
The Claim put- forth in that despatch of the right Of a
foreign-belligerent power to resort to the territories of a
neutral state ,t,o,recruit its armies, and, for that: pnrposc
Lich Ms- a eans he. justifies; 'raises 'One of the
iternational `questiOns which can corn
tsideration., If that right be conceded, then
.an 7
stifiablv resort to measures fot recruiting its
a of this co

recommendations." - -
Mr. Walthew seconded the resolution.
-Mr. Glover sail he would pay every deserved deference
to any memorials presented by his constituents in reference
to any measqra,to he•voted on, but he topld not -disguise
from himself the fact that these memorials presented a
isnicions appearance. (Nro, 1:1?:) It was stated that they
Id by thocoritituents
'watched , the
)ntiaand be

a at varioup..nieetir!gs

'w. he had carefully

ious war

on this.question (luring the last
r two meetings 'in

rravest

a ' Trinitp..Wat

the idea of a meeting Was-being abandoned

a the jur

ped in, when it assumed the character
MOD: and en&A

l'thOgeidlich can be -employ

,y this

expression of.opiulon. The meeting is St...Johu's-ward he
perSonally attended, and although the memorial appeared
to be signed by a great number of that ward, he could say
there were barely 40 persons there, and of these a portion
consisted of YoUthi of 12 or 13 years of age. If these
memorials had had their origin in numerously attended
nieetinis,- and bad' • the language' of them been properly
exisidered "and determined on, -by the majority of the
meetingsf. they • Would then have' had a different
effect,'!- but they"' had their origin 'ln' Itteetitig,s,
self-constituted, of persons who thesaselvet framed the
fanguage•of, the memorial, and in an unprecedentedly short
space of %ime obtained:numerous. signatures,
.to them.
reference to the question now before the,council he reminded
the meeting that the projected advance in price had not been
entertained; 'and therefore the objections raised. by the
memorialists on' that ground .did not apply. Theineasure
of aiiialga' mation *as opposed by an' active parti, which at
once started into existence, and which ivasirightened by:the
bugbear-of monopoly. (Hear, hear.)' He with them ht?ted
but he said that the very proceedings taken in
opposition to this measure, were in themleliis active steps
to p7ornote monopoly, instead of removing it. Iu the present
had two opposition companies, which bad for
able space of time being, trying to undersell each
the,: market. They had now .becomeras might
7be expected, tired of a losing gatne. The_. new
were obliged to supply, gas, at a price nQt elbeedir
The old, company was not limited as to pi ice --

In order. td present the different aspects with
which the two governments view the ca'e, and to
'show the reasons for dissenting from some of the state-
ments and main conclusions contained in Lord. Clarendon's
despatch, Mr. Marcy proceeds to recur to its prominent
points, to define American rights, and to_ ascertain -the
precise limits of Britishlaretenshins.
After reviewing the foreign enlistment bill introduced
by the-" Duke of ...INTeircaStle into the , House of
.Lords, and .
the! assurance given by, the British Goierninent -on the
2201 March, 1855, that they not only, were not; connected
with, but discountenanced enlistment in the United States,.
Mn. Marcy 'observes that " being-Satisfied the govirnment
of Great Britain reCiprocated our friendly sentiments and
that it.;vould not deliberately and. designedly authorise
proceedings within the juiiidietion of the "United States in
contravention of these laws,this(the American)government
was disposed, to believe there had, been some strange
. misapprehension on the' sUbjeat by her Majesty's cabinet,
and that the inadvertent mis-step would be traced as soon
as it was perceived, with sitehexplanations to this govern-
ment as the--circumstancesof ihe case seemed to require.?
Mr. Marcy proceeds as follows : , -
After the 4apse of some time, this government discovered
that.,Ao4ad, looked with a mistaken confidence to a result

monopoly

"desired:sonitid • - -
To arrest the, evil, An appeal to the British Government,
unpleasant as such a step was; became necessary, and in
the early part of June you were directed by the President
to present the case to the notice of the Earl of Clarendon.
Tn your note to the Lord Cl irendon of the 6th of July, the

other,i

Is'elearly and ably laid before his lordship, and he is

clear that an amalgamation would save expense; and
ie citizens from the chance of being left at the mercy

assured that-this government had reason -te-believe,-•and
did believe, that British officerawere engaged in carrying
out a scheme of recruiting for the British army within the
United States in, contravention of their laws, and sovereign
rightiV- LoM'Clarendon was assured that the President
would be gratified to learn that her Majesty's Govern-
ment had not authorised the proceedings complained of ;
that it had condemned the conduct of its officials engaged
therein ; had visited them with it paarked displeasure,
and hadlaken measures to arrest `the proceedings com-
plained of.
. .
In the note of the 16th of July, Lord Clarendon seems
to admit. that the restraining effect of. the law of the
United' States in regard• to recruiting; is such as this
governinent asserts it to be; but, by his 'exposition of
that law in his despatch of the I6th November, it is
bereft of the very stringent character he had before
ascribed to it, and it is now so constructed by him as to
afford justification for such acts as, in his former note, he
conceded to be illegal.
These•positions taken by the Earl of Clarendon brought
the • Matter' to a definite point. This governunent took
that the nersons engarnil

save ti

of the company which was not limited is to price. The
manner in which the expense would be saved was because
there would be one management instead of two, one set of
works instead of two, one leakage from, the numerous mains
of that city instead 3f two, and one expense of repairing the
plant instead of two. He therefore, supported the recom-
men 4:12 tion•pf the committee.
Mr. Cutter stated that tho meetings held-in the various
wards were convened by public,printed placards.
Mr. Meadows Frost expressed himself favourable to the
amalgamation ; but as the recommendations from the cop-
mit tee'appeared to him in some respect to reqiiire considera-
tion, he thought it would be more business-like to send them
back for the purpose of being re.modelled.
The Mayor : You perhaps lose sight of one thing—that
we recommend that a sub-committee should_take all these
things into consideration, to have them matuied 'and laid
bef)re the council. _ _ -"

gh he did not agree with them in mar
ry sorry Mr. Glover had not tt

flogs• -
confidence of hi

Un

cruitinjr,iu,,—
thorised agent,, whine acts had been disavowed ;
maintained, on the contrary, that the persons performing
:them were authorjSed. agents, furnished in the same

not consult with him abot

He warn

theth to take exainpl? from the

nopoly in Liverpool

aor carrying on th

tur
4111 a

s have brought out a mass of
) be •resisted, implicating these
ies and sustaining the foiegoing allegations._

and aria

(Hear, hear

timony

) Were

When this state Of the case was preSeded tVLord Cla-
rendon, With the designation by name of some of the
higher British officers, and with the assurance by the
President. that the information ho possessed did not allow
him to doubt their participation in the offence against the
laws of the sovereign rights of the United States, his
lordship did'not then call for the evidence, as he has since
done.
The exposition he has given to the statute of the United
States -against recruiting, and the restrictions he has
placed upon our sovereign rights, show that his views on
n,,nt hate been greatly modified' since his first

those who signed it, 111'.11 of -sense and intelligence; the
principal part of them influential shopkeepers of the city,
he would admit that a greater insult could not be offered
to any class of. 'persons, than to say there was anything
suspicious in that memorial, or that those who signed it,
did not know what they were signing. (Hear, hear.) One
special point had_notyet been touched. How did the new
gas company get its footing in Chester,? By solemaand
repeated pledges over and over again, that it would' never
amalgamate with the old dompany. (liear;hear.) He
alluded—as instances of places where gas was produced
na eheablv as Ili Chester, under less- favourabh

nd

;patch was written.
A tx that law is now construed by him, scarcely any evi.
)btained, 'or' whatever be. itS.Character;

Iltenham

;lieate any one in. the offence of

eruiting v

f the views c

)11 as to that law nll the
States can be maintained,

of this country are open, almost without
to.tte recrnit;.ng operations of Olt.nations, and
at p-urpose, any foreign power may sustain a vigor-
competition with this government.upoe its' own soil.
Marc- then discusses at considerable length the.
•
tiOnal law bearing upon the question, and by his
construction of that law takes issue with the views enter-
tained and expressed by Lord Clarendon, who " is under-
stood to maintain that her Majesty s government may
authorise agents to do anything within the United States,
short of enlisting and organisinm, and training men as
soldiers for the British army, with perfect respect to the
sovereign rights of this countr3 . This proposition is
exactly the reverse of that maintained by this government,
which holds that no foreign Power whatever has the right
to do either of the specified acts without its consent. No
foreign power can, by its agents or officers, lawfully enter
the territory of another to enlist soldiers for its service,
or organize or train them therein, or even entice persons
away in order to be enliSted, without express permission."
in support of his position, Mr, Marcy quotes Walpius,
Hautefeulle, and other writers on international and muni-
cipal law. Mr. Marcy then proceeds to review the course
of events, in order to show that the British government
proceeded by its high officers and actents in a course
utterly at variance with the "protestations to maintain
with strictness the laws of neutrality by which both
nations were bound. Reviewing the intermediate
despatches received from Lord Clarendon, and accepting
his lordship's denial that the acts and advertisements of
self constituted and unauthorised agents were recognized
by the British government, Mr. Marcy thus proceeds :
It is with reluctance that I perform the duty of bring-
-• Mr. Crompton's connection with some of the

ing into view

agents Who were employed in carrying out the recruit-
ment system, and who have, in doing so, violated the law
and sovereign rights of this country.
The intercourse between Mr. Crampton and Mr. Hertz,
who was convicted in September last for violating the
neutrality law of the United States, is established by Mr.
Crampton's two letters to Hertz, one dated the 27th of
January, and the other the 4th of February, 1855.
This connection being established, it is allowable to
allude b-iefiy to Hertz's account, verified by his oath, of
what took place between himself and Mr. Crampton in
relation to recruiting in this country.
Hertz says :—All that I did in procuring 'and sending men to
Halift'x for the foreign legion, was done by the advice and
recommendation of Mr. Crampton, Mr. Howe, and Mr.
Matthew. Mr. Matthew knew of both the expeditions I
sent; he approved and encouraged me in sending them
away ; he encouraged me by his advice and council, and in
giving me money to send them away.
Mr. Max F. 0. Strobel acted a more conspicuous part
than Mr. Hertz, and his conduct in the affair under consi-
deration requires to be more fully traced.
After Mr. Strobel's interviews with' Mr. Crampton in
Washington, he embarked in the recruiting service, and
suddenly-rose to the 'rank of " captain of the first company
of the foreign legion." 'He went with a detachnienk
:recruits, raised in Philadelphia, to Halifax ; was e,xultinglt
recetved into fellowship with the military and civil
officers of the highest position in her Majesty's service
there stationed'; was invited to partake of the hospitali-
ties of " his Excellency Sir Gaspard. le Merchant," of
" Colonel Clark, and the officers of the seventy-sixth
regiment ;" and of" Colonel Fraser, Colonel Stotherd, and
the officers of the royal artillery and royal engineers ;" and
the original cards of invitation, addressed to him, were
produced on. Hertz's trial.
After such an endorsement of his character, it would
seem that the testimony of Captain Strobel, even if it were
uncorroborated, should command confidence.
Passing, without comment, the plan for recruiting, which
Strobel says was prepared at the request of dr. Crampton,
and approved by him and Sir Gaspard le Merchant, I
propose to offer some remarks upon the instructions furnished
by Mr.. Crampton, while in the provinces, to the recruiting
agents who were to go to " Buffalo, Detroit, or Cleveland,"
to " make known to persons in the United States the terms
and conditions upon which recruits will be received into
the British service."
These instructions show that the persons sent into the
United States to raise recruits therein for the foreign legion
were authorised agents of British officers, and received
directions for the guidance of their conduct from her
Majesty's minister to this government. It is thought to be
unreasonable in this government to complain of any of her
Majes'y's officers, because the agents thus employed " were
enjoined carefully to refrain from anything which would
coustnute a violation of the law of the United States." A
similar injunction to the agents first employed was also
oontained in the directions which preceded the instructions
issued by Mr. Crainpten in May, and he well knew how
utterly it had been disregarded by them. As his visit to

THE 11011TEIEEN TIMES.-LIVE151,1)001,, SATURDAY, MARCH 16, 18ZO.

the British provitcps had special., relation to the recruiting
.servion' it cannot be presumed that he was misinformed of
What had then happened to these agents in Philadelphia,
New York, and Beaton, through which'cities he passed on
his way to Halifax. This government had, as early, as
March, ordered prosecutious against. the recruiting agents
in those leittel:':fer 'having violated the laws of the
United Stew many had heen arrested for,that offence.,and
against several of them" grand juriv had found' -bills"- of
inietment. Instead of disconnecting himself from the pro-
c •edings which` lied led to this disastrous result, Mr. Cramp-
tonwetttolinlicaz4ind-Cluebee to rnsirejtltther arrange-
Al it is f , other reer,uiters into the ljnircl'
10' Lt ex riegto orthe pacf

States

renewint the experiment