The Sun.
London, England, 1856-02-01 00:00:00

Persia are of that character that our Minister has with-
drawn from Persia, whilst those with the Cabinet of
Washington are such that the retirement of our Minister
there had been demanded. (Hear.) I think these two
causes of sufficient importance to have received a passing
remark in her Majesty's Speech, as the Government has
been enabled to inform the house as on former occasions,
"that our relations with foreign nations are on the most
amicable and friendly footing." (Hear, hear, and
laughter.) At least I think they should have led us to
imagine what danger it is that threatens a rupture with
our relations in Asia, and also in America, and what
security they have taken against its occurring. With re-
gard to America, we are bound to that country by such
close and intimate relations, not only with our commer-
cial relations, bat also with the ties of language and affi-
nity, that I think it unworthy of the dignity of a great
country like England to believe that the United States
were earnest in the recommendation said to have been
made by them. No doubt the affairs there were alarming ;
but with regard to the so-called Clayton-Bulwer treaty,
so far as I can judge of the case, I can conceive of no other
construction being pat upon it than by her Majesty's Mi-
nisters—(hear)—and I consider that where the interpreta-
tion of a treaty was concerned, that the most fitting mode
of deciding any differences of opinion that might arise on
its construction, is to refer it to the arbitration of a
friendly State—(hear)—and, from that cause, I trust there
cannot be any apprehension of a rupture with our rela-
tions with that country. I wish I could speak so confi-
dently with regard to the other circumstances connected
with America. The Government has, I believe, made every
apology which the circumstances of the case demanded ;
but I cannot conceal from the house the fact that I think
we did not act exactly right in the first instance. The
house would consider that when the Foreign Enlistment
Bill was under discussion, one of the objections urged
against the bill was that, in all probability, when it came
to be put into operation, that we should bo in constant
disputes with those powers whose subjects, without their
concurrence, we were seeking to enlist —(hear)—and say
what you please, and unguarded as might be the language
of Mr. Crampton, it is it disputable to my mind that incarry.
ing out the objects' of this bill, that whilst you have studi-
ously guarded against interfering with the law, you have
indisputably evaded the spirit of the municipal law' of
the United States. It is a matter of deep regret that her
Majesty's Government should have been betrayed into such
an error, but so it was, and it appeared to have been the
cause of great popular excitement; the people of America
considering that they had been insulted. I will venture to
entertain the hope, founded upon the common sense of that
great and intelligent community, that when the first heat
of indignation and anger shall have passed away— that
when the object for which agitators shall have inflamed
the public mind shall have subsided—that they will feel
no intentional offence was meant or given, in the first
place, and that they will also feel that the apology which
this Government has made is a sufficient reparation forthe
wrong they have sustained. (Cheers.) I venture, there-
fore, to hope that in that quarter also our relations will
not be disturbed, hut, at the saine time, I must say that I
think that her Majesty's Government would have acted
more wisely, with a view to soothing any angry feeling
they might by their acts have excited, and of paving the
way for the re-establishment of friendly feelings with that
country, had they inserted a conciliatory paragraph into
her Majesty's Speech with reference to that country, in-
stead of passing it over in silence, and in a manner which
'hope and trust the people of America will not construe
in a somewhat contemptuous manner. Upon the latter
portion of the Speech I am not disposed to offer any com-
ments, other than that something morn definite should
have been said of the measure to be proposed, improving
the law in Great Britain and in Ireland, and to which
their anxious attention was directed. But there are other
topics of perhaps greater difficulty and importance, which,
I think might have been mentioned. For example, the
education of the people of this country will, perhaps, be
considered as more worthy of allusion than many of the
questions introduced into the Speech- (hear, hear);—bat
I suppose those topics are introduced as being most easily
dealt with, ou the princip!e that

ss Qrias
"Desperat tractata eiteecere posse reliuquit."
(Hear, hear, and laughter. In conclusion, I will
only say that I do not intend to offer the slightest opposi-
tion to the unanimous adoption of the Address, or to move
an amendment, though I think it might ho re-written
with advantage -(laughter)—but that not being answer-
able for the matter it contains, nor its style, I will leave
that for her Majesty's Government to settle amongst
themselves. (Laughter.) I concur in the general policy
which they have held out, that of conducting the nego-
tiations for peace with arms in our hands, and that no
peace shall be conducted but what is a just and honourable
one—(hear)—and that they will not carry on the war for
a moment longer than they have accomplished that for
which we went to war, and the noble earl might depend
that me and my friends will not be actuated by any party
motives to embarrass the Government in carrying out their
determination. (Hear.) One subject was not alluded to in
her Majesty's Speech which was of the utmost constitutional
importance, affecting the rights and privileges of their lord-
ships' house—that of granting a peerage for life to a distin-
guished and learned person. It had been conferred in my
opinion for the purpose of trying the extent of the prero-
gative of the Crown, and without venturing to discuss this
question, which is of such high constitutional importance,
I might venture to say it is a subject that ought not to be
passed over in silence even on the first night of the session
of Parliament. This prerogative of the Crown to create life
peers, but which 1 think of doubtful legality, has not been
exercised by any sovereign on the advice of any Minister
for the last 300 or 400 years, and I earnestly exhort your
lordships on this question, which concerns you all persons
ally, and much more so the liberties and constitution of the
country, to consider whether your lordships will or can, or
ought to, submit to any such exercise of the prerogative.
(Hear.) This question, I think, requirea to be discussed
at the hands of those snore experienced in constitutional
law then I am, and consequently better able to deal with
it, and without the slightest possible admixture of party
feeling. (Hear.) I hope, therefore, her Majesty's Govern-
ment will give the house an opportunity of discussing the
question before the learned baron took his seat, and there-
by not in his presence.
Earl CLARENDON said—l agree with the noble lord who
has just sat down that there is no questionto be considered
second in importance to that with reference to the relations
between this country and the United States, and I concur in
what he has said with regard to Central Americe. (Hear.)
It is simply an interpretation of a treaty on which a dif-
ference of opinion has arisen, and which can be settled by
arbitration ; and the Government have offered to refer the
question to the arbitration of a third party, and abide by it;
and he indulged the hope that that would be acceded to
by the United States. (Hear.) With regard to the other
point, to which no allusion has been made in her Ma-
esty's Speech, I agree with the noble lord opposite that
her Majesty's Speech is as little expressive as possible,
which was far preferable than going at length into va-
rious points, and which could not be alluded to in the
Speech without the Government was prepared to lay va-
rious papers and correspondence connected with them on
the table. Neither do I think it a friendly way of pro-
meting a solution of a disliculty. A correspnelence was
still going on between the two Governments on that ques-
tion, the last communication being received from the
United States about two days ago, and under these cir-
cumstances 1 think the public interest would not have
been served by an allusion to it in her Majesty's Speech..
The origin of that dispute arose from the Government re-
ceiving numerous epplicetions from foreigners and British
subjects in America, who were anxious to join the Foreign
Legion, some from motives of loyalty, and others from
political interest and feelings, awl then issuing instruc-
tions to the Government of Nova Scotia to consider whe-
ther persons from the United States could be received
without a breach of the American law. Mr. Crampton
was informed of the circumstances at the time, and in-
formed that no violation of the American law was in-
tended, and to which he made no objection. .(Hear.) This
was communicated to the Secretary of State, and shortly
after an agent of the English Government at New York
opened a house, and issued handbills, and proceeded to re-
ceive recruits. There has been no recruiting, to my know-
ledge, in the United States, but persons had gone from
thence to Halifax for that purpose, and Judge Kane had
laid dowif that paying the passage money of persons to en-
list at a foreign port was no violation of the American
laws. (Hear.) The persons referred to, although given
money to enable them to proceed to a foreign post, went
as volunteers to enlist in her Majesty's service or net,
and many who received money for that purpose, having
a disinclination to enlist, on arriving at their [destina-
tion, were not compelled to do so, and were loft to follow
their own pursuits. (Hear.) A correspondence of not
a very agreeable character has certainly since taken place,
but I indulge the hope that it has reference to a bygone
transaction. In July of last year Mr. Buchanan wrote me
a note, on the part of the United States Government, com-
plaining of the enlistment, and desiring me to bring the
subject tinder the consideration of her Majesty's Govere-
ment. I replied that her Majesty's Government had not
the slightest intention of violating or infringing the law of
the United States, and regretting that anything of the
kind should have been done by any agent of the Govern•
meat, and that, if it had been so done, it had been done
without the authority of her Majesty's Government. (Hear,
ear.) Finding it would be impossible to carry on or faci-
itate the procuring of men from the United States with-
snit giving real or apparent offence, er suspicion that the
law of the country would be violated, her Majesty had,
before receiving Mr. Buchanan's second ante, given orders
that the whole of the proceedings should be put an end to
in the United States. (Hear, hear.) Regret was fully ex-
pressed for anything that might have been done contrary
to the law of that country ; and I cannot believe, as my
noble friend has stated, that such a question is not capable
w
of amicable settlement between t
great countries so inti-
mately connected. I feel satistiesiothae Mr. Crampton has
not intentionally done anything
ytoonslivrent. such an event
speedily ecsiarring, and assure
desirous of peace than that gentleman. ielmispentoheinqatinesmtiooti.ei
will shortly be brought to a satisfactory- termination, but
eniteici(eirmdpolilshthedinkbeznt allusion to
I cannot believe it could ben
it in her Majesty's Speeds,
mistakealr friendsan thet
on the other side of the Atlantic would so far'
feeling of her Majesty and her Majesty's Miaisters
think that the omission of the subject from the Royal Speech)
was meant as an insult to them. (Cheers.) I think it
scarcely necessary for me to say that I cannot concur en.
tirely in all that has been said by my noble friend en the
other side with reference to the fall of Kars, and the meg.
nitride of the event, and the indomitable courage that leet
been shown by those brave niers ' • and with regard to the
question ho has asked me, I can only say that the
of tho papers connected with Kars from the time it
wwalls.fi'e first put under the command of General Williams, shall
be laid before your lordships. I will only ask your lord-
ships to suspend rale judgment on that event until you
have seen the papers to which I refer. The noble lord has
also referred to the reports in circulation with respect to
the feeling said to exist in the French Government, mid
amongst many of the French nation, with reference to as-
sistance having been withheldfromeitng able to give it the the garrison of Kars. I
that can only say t am happy in b
most unqualified contradiction. (Cheers.) ldo not mean
to say that in France, and in certain , tne .french papers,
that the idea has not often been put forward, and stated,
that the was a wasting
carrying of the war into Asia Minor
of French blood for English interests, but I give the mostte
unqualified contradiction that such is the feeling at h
Emperor of France or his Government. (Cheers.) I feel it
Pedi nt in me wore I to give
would be inex
your lordships
e
more information at present on one topic than I should be
ostensibly justified in doing. I need hardly add to ;slat
her Majesty's Speech has indicated that the Government,
fully relying on the spirit of the people of this country,
were fully prepared to carryon this war to a successful ter-
mination, and with greater means than they had hitherto
possessed. Yet at the same time they had never been dis-
inclined to listen to peace, but have been all along anxious
to bring the war to an honourable and satisfactory conclu-
sion, it certainly was not for France or England to make
overtures to Russia, and I think we can understand the
motives which actuated Russia in not making ereesostti„,
to us. Austria being in a condition to proffer her good
tl]ees, and the time she chose for it was eery opportune,
being at the time when the approach of winter caused a