The Sun.
London, England, 1856-07-01 00:00:00

and he approached it with a sense of the di dieelty in which ,t leave the United States, although in that case there might
he found himself pleent, because it was Arnt, i npessible ' be no breach of the tennicipal law, there would be a breach
to speck of it in those terrue of untleration which present of international law, and a violation of i hat community of
state of affairs regnisen. That that trial was set ou form ietorcenree which ought to silted:se between two nations.
and was eh:ewe- et by men bitterly hostile in spirit to this (dear, heir.) lie wenn' put this case : An Arnericen had
country no one could doubt. Fie did not for a single me- estehoished %s mennfectirre which was supposed -to confer
mentwish to infer that those were the sentiments of the great public alventegies ; all the workmen in that eete.-
whole American authorities, and he entirely believed they blishonent were free to quit the country and transfer their
were not the sentiments of the great body of the American leb•our to souse other soil. But because the workmen
people. That that trial was coeducted in a spirit of most melee:seri this inilivistuel free-line. wont' it he maintained
bitter animosity towards England no one could doubt. teat another Government could allure these men away, by
Mr. Van Dyke, the United States District Attorney, the offer of a higher price for their labour, without a
opened the case rather as a case against Great liritain and breach of international law ? . .
the British authorities than against the individuals Sc- Mr. CHEIgTHAII.—It is often done.
*used, spoke in terms of the greatest disparagement of Sir F. THESIGEft —Though it might be done he did
• Great Britain, adverted to the war in which we were not hesitate to say that it was a gross violation of inters
then engaged, and showed his sympathies were, not with national law, and contrary to that spirit of justice and
the allies, by alluding with evident satisfaction to our courtesy which should regulate the intercourse of nations.
losses, and in terms of sneering sarcasm and contempt to He could not therefore assent to the doctrine that because
our 'presumed deficiency in military skill. Witnesses were persona were free, by the municipal laws of the United
produced, and who were they ?. They were Mr. or Capt. States, to leave that country even for the purpose of en-
Strobel, whom, the hon. member did not doubt to be a listwent, there wa,s no breach of international law in the
Man of the most infamous character, others Of very much government of another (manta', holding out inducements
the same stamp; and Mi. Hertz, who, being convicted, to the subjects of the-United States to leave that country
made a confession and implicated Mr. Crampton. The far the purpose of enlistment in a foreign legion. It was
statements of a man who was an approver, and of an- this mistaken view of international law which led to these
other man who had just been convicted, both of whom the proceedings, so justly blameable in his opinion, and which
American Government would have found, if they hail brought upon this country so much humiliation. (Hear.)
taken the slightest trouble to inquire, to be men of infra- What was the conduct of this 'country in America with
Mous character, were taken as true, notwithstanding the regard to this question of enlistment ? There was great
strong and emphatic denial of Mr.Crampton rand the other difficulty in tracing in the blue books the precise actsdone
gentlemen affected by those statements. Nay, more, the by the recognised and authorised agents of the Govern-
American Government sent here, not an authentic report meat, but there were some occasional glimpses of light
of the trial, but the report which vas prepared for a which were sufficient to show that they were pursuing a
newspaper—the Pennsylvanian —remarkable for its bitter course which was highly reprehensible. There could be
animosity against this country, the editor of which was no doubt that there was a system organised within the
examined on the trial, and was attempted to be foisted as a United States for the perposesef inducing men to leave
juryman upon the panel. There was not the slightest that country, and to proceed to Halifax or Canada, there
chance of the jury finding any other than a verdict against to be enlisted. There were aeents, money, and depots for
Hertz. It was an indictment against, and, by implication, the purpose of carrying out the plan. With regard to the
a conviction of, the British Government - and this gentle- particular agents employed for the purpose of carrying out '
man, who was witness upon the trial, whose report was the plan—Hertz and Strobel—he begged to observe that
sent by the American Godernment as a report of the trial, if the case depended on their testimony he would
slid not scruple to speak of Great Britain in their:, terms. at once abandon it ; but that was not so, for they
They are somewhat amusing : had under the hand of Mr. Crampton himself adne is-
ft England for centuries has been bullying and bribing the sion that he employed tha • two persons as agents for ths
world; her insolence is astounding. In the Pacific, in the purpose of enlisting men, and they had the cypher to
Atlantic, on• the Isthmus, everywhere, that haggard warn). which they, as well as other agents had access. Such
tuery—(a, laugh)-Great Britain, who be. been so long drunk. being the agents and machinery employed, he would con-
with the blood of other' nations that she now reels and totters eider whether it, was possible to trace in their proceedings
;with her own inanity— (laughter)—glare( upon ris with her any indication of a conviction that what they did was per-
red eyeballs, and bids us depart." . • • - fectly lawful, that they had a right to do what they di I,
(Cheers and laughter.) Those were the terms with which and that the American Government had no just ground of
the editor of the Penitsyrranian introduced to the world a complaint. At a very early period Mr. Crampton took
report of the trial, which was adopted by the American the advice of a very able lawyer. The hon. member for
Geveretnent. He heard a right hon. gentleman say " Hear Mayo read his opinion, and anything more strongly
the other side," but he thanked Gud the British press was worded for the purpose of inducing caution on the part of
not yet lowered to such wretched ribaldry as that, and he the British Government could hardly beimagined. (Hear.)
hoped it never would be. (Hear, bear.): The hon. •gentles Mr. Crampton communicated this opinion to Sir G. :Le
man seemed inclined to giveimplicit credit to the witoesses.. nnirchant, and adds; (Mr. Moore, with astonishment, " What !I ? I deny it.") ' I have furnished your agent with a copy of this opinion
Then, to cast imputations upon the hewer, 'veracity, and for his information and guidance, and I have directed him to
character of the gentleman whom the hon. gentleman ha- confine his operations, in the first instance, to making in-
pugned, without evidence, was totally unwarrantahle and quiries as to the desire which may exist among the inhabit-
totally unjustifiable. (Hear, hear.) The case made: by the ants of the eastern cities of the United States to enter her
American Goverrimeet was based upon the statements of , Majesty's service, to inform such persons generallyof the dis-
these persons. It turned out that Mr. Strobel was a person' position of he Majesty's Government to accept such properly
of bed character; he had served in the Danhoh army; he hest • qualified candidates as may offer themselves, to make them held some rank in that army ;he proposed to raise men ; acquainted with the terms upon which the enlistments will be
he said many of his countrymen were ready at tierce to made,and with theplaces withinthe British dominions to which
,
follow him. Then came Hertz, who said the same: Both theymayrepairfor the purpose of being enrolled, carefully ate
expreseed the greatest interest in the cause of the allies staining, however, from entering into any argument with
and the utmost zeal for the service of England. i There such persons, or from doing anything which might be con-
was abundant evidence now that Strobel was a spy in the strued into "retaining or hiring" any individual to emigrate
employ of Russia, and that Hertz was a swindle.- and a for the purpose of enlisting in the British service, Any ad-
man of no character. But those facts were not in the pos- vance of money by her. Majesty's agents, or others, in the
session of the British authorities in America whets those United States, would constitute an infraction of the Neu-
- persons offered their services. It might be tine, sir far as trality Law. their statementsevere caucerned, that thin violated the It was also communicated, together with an account of
t
municipal law of the United ,tares. In their anniety to the steps which had been taken, to Lord Clarendon, in a
get men CIO establish a claim to be rewarded for their zeal despatch dated the 12th of March, and on the 12th of
.:
and assiduity, they might have transgressed the law of the April following Lord Clarendon replied, approving of
United States, Whether they did so with the honest put- those proceedings, but telling Mr. Crampton to be careful
pose of serving the British Government, or whethror they in abstaining from any violation of the laws of the United
were preparing schernes of treachery and fraud in, their, States. Now he must say, with great respect for teed
terest of Russia, or of those who were hostile ttio Great Clarendon, that having the opinion of this eminent
Britain, was a grave question, which he would not stag to die- lawyer before him, in which was pointed out the dangers
cues ; but when, in answer to the statements of wroth men incurred by attempting to procure men to enlist—that
as those, h 3 Ind, the positive assertion of Mr. Cnampton the law of the United States would reach every case •of
and the consuls that those statements *were wholly anti en- paYment, expenditure,. or other valuable consideration,
tirely destitute' of the slightest shadow of foundation however ingeniously devised—it would have been wise on
upon truth, he asked the house whether they thought that, his part to have abstained from the endeavour to obtain
- nutter those circumstances, the,,British Government would troops in the United States, or, at all events, to have
have been justified in making scapegoats of Mr. Crampton warned the Minister that the course he intended to pursue
and the consuls by recalling them, and marking them with was not open, straightforward, and candid, but an under-
the stigran, of Government disaobation ? (deed, hear.) hand proceeding which her Majesty's GovernMent would.
He thoneht no one would go along with the hen. deember not be justified in adopting. (Cries of " Hear, hear.")
in believing that, in spite of their instructions, tie 144 e gen- It was said that Lord Clarendon warned the minister to
tlemen did violste the uninicipel law by ceusin.t enlist- avoid concealment from the American Government ; but
ments, or engagements to enlist, on the territo;/e of the lie had looked over the correspondence and could 'find no
United States ; and he submittal that the British (novena-
merit, in accordance with the instructions whinh were ;despatch in which Lord Clarendon had told the minister to
be open and to avoid concealment from the American Ge:
framed, were justified iu accepting the services <t f their vernment. But if any such instructions had been issued
own subjects, and of Germans, Pales, Hangar :lane, or they were not observed by Mr. Crampton. The fatal nits.:
Italians, if they accepted those services by enlisti ig them . Wee of the Government and their
..agents was that they
beyond the precincts
of the United States. There was no merely instructed their subordinatesto avoid any infringes evidence that any acts were done in contravention of the ment of the municipal law of America, without looking to
loeallawa of there; ted States, except the evidience of the broader and more extended view of the question upon
those men, who could not be believed; and agains iit they which Americans were likely to feel sensitively when their
hurl the 'positive denial of gentlemenemen of honour , and rights of soCereignty were invaded. Mr. Angus Matrle-
Englishmen. (Cheers,) It was all very well for the hon. nald issued an advertisement stating that an office hail
gentleman, who wanted to make out a case if lire conl l been established for the purpose of procuring passages
against these parties, to take up the despatches ci nd, in- from the United States to Halifax for 'persons who might
stead of reading them in a Manly, atraightforward inanner, go there to enlist.' But, on the 22d of March, Mr. Cramp-
read them with a sneering sarcastic tone, meant lir imply ton wrote to Consul Barclay to disavow the proceeding of
that he did not believe a word of them, but in thitt view Mr. Angus Macdonald, because they were apprehensive it
he was sure the house would not follow the hon; gentle- would attract the attention of the American Government,
man. He submitted that the question was nvhether produce a "ferment," and induce them to interfere and in-
her Majesty's Government would have been justtified in terrupt the proceedings. Mr. Crampton afterwards showed
acting merely upon the view taken by the Ameri han Go- the letter he had written to Consul Barclay to Mr. Marcy,
verument on the evidence of Hertz and Strobel, in; spite Of and the latter said that from his. doing so he understood
the emphatic denial of Mr. Crampton and the cons- his. Eli- that lee meant to disavow the participation of the British
urinated from the mass of verbosity with which, I tem one GoCernment ineny acts of enlistment, In the early icmrt
site or the tether, it had been entangled, that we ma really of 1855 there were several offers Of enlistment made to Mr.
the case which was brought before the attention] of the Crampton, and the answer was that the neutrality law of
Louse. His had cautiously abstained from saying ere word the United States was very stringent and comprehensive,
upon the conduct of the American.GOvernment e ;met as and that no enlistment could take place in the ;United
regarded that trial. At the sane time he might so with- states. But Mr. Lumley, in replying to one of the agents,
out any intention of giving offence, that the
spirit , l,and the stated that there was no objection to the insertion of an
- tone in which the American authorities had considined the advertisement stating that steamers for the conveyance 'of
correspondence which had taken place, and consid i red end Passengers would constantly ran during- the summer, and
answered the despatches of Lord Clarenolon.upnr this sub; although Judge Kane had decided that the payment of
deck(especially when the attempts of Lord Clarendl on were passage-money did not come within the neutrality laws of
always of a conciliatory character) were not such I s might the United Statesehis authority could not be very grOist,
have been expected from. a State which desired, s s ith sin- because be afterwards altered his opinion, so that the
verity, to Maintain friendly relations with ) I ngland opinion of Judge Kane on the suldeat neutralised the
- (Cheers.) ntshnther their conduct was to be attri tatted to opinion of Judge Kane. (A. laugh.) Now, ho did not
'that Crane. to which the right hon. gentlemen the hnernber hesitate to say that if one person paid the nassege-
fordtuekingbamtbire adverted the other eveniogt a cons money of another it was as near a case of " hiring and
vietion on the part of the United Statei that Great I Britain retaining" as he could imagine, and it came, hethotteht,
'Weaulohnot view with favour or submit nuhesitat tingly to not only within the spirit but the letter of the law. Ilis -
th t. expansive tendency which was said to charact i rise the object was to show the secret. nature of the proceedings
territorial poilicy of the American Government, wi a mope adopted by the agents of the British Government, in rette
tithan he could undertake to say; but of this 'he s i ras per rent( to this enlistment. The instructions which had
n
naeled, that any permanent rupture of the hi jen ily rein: been issued by Mr. Crampton to all the agents had bean
one between the two countries weuld be fatal to the beet already referred to by the hon. member for Mayo, and
interests of teeth, anti deeply injurious to the cam of proa were road at the trial. These instructions contained the-
erie,. irn nrovement throughout the whole civilise 1 world; following paragraph :
(Cheers.) It became tor as the older, as not 1 e least It is soesential to success that no assemblage of persons
paeroweeful, anti, toelsia,e to what was going on is various should take place at beer-houses or other similar places of en-
earts Of Amerize, he thought he might also add a, not the tertainment, for the purpose of devising measures forenliet-
-1 stotnited of the two'netions, to evince a spirit o f manly in e, and- the parties should scrapulogsly avoid resorting to
moderation and dignified forbearance.. (Cheers.) AV,3 were.this •or similar means of disseminating the desired infer-elite
never 'better
he the More inclined to
preparea fea war, and therefore o tight. to• ti n, inasmuch as the attention of the American • anthoritiee
peace. Our renown wt tt not of would not fail to be called to such proceedings, which would
yesterday; our glory wes not of recent, date; our tproweee undoubtedly be regarded by them as an attempt to carry on
had heed established by sea and
_laud in every qu i ,ter of recruiting lona foreign power within the limits of the United
the naive/ere.
We could afford t o.be co:mediatory et rselved, • States; and it certainlyenust be borne in mind that the in-
and to ealiortothers to conciliation. Nor was it po Bible to stitution of legal proceedings. against any of the ;parties in
misinterpret the motive
American -in with which wemieht add ess the question, even if they were to elude the penalty, would be
people these peramisive accents-- I fatal to the success of the enlistment itself,
,
" aeu patrim validas in viscera vertite vires ; ..., His hon. and learned. friend said, that everything which
Tuque prior, to pare°, genue quisducis 01;1 io • , had been done was perfectly Iswfule but he would ask We'
Projice te/e menu, sanguis meas." ';`•° ' . • hone° whether there attempts at ecniealment did not ehnur
(Cheers.) It was in that spirit of harmony that lime G • k °u the face of them that the parties themselves considered
yen:anent now entereel on tee present discussion.'- The'le. the proceedings they were taking to be unjustifiable. They
was no ~envies that its tendency was to take at d die '1
did not adopt the view which had been, ingeniously put•
z•lentage bsth 0,6 Ministry and these absent matt wh'isol' e ferwarel by his hm. and learnea friend, by Mth CrainP-
rmour and re:Deere had been impugned, but wire , nil not •
enjoy the opportunity of' defendiee themselves. i (Heir ) ton and Lrd Clarendon, because if they had been aiting
in a perfectly legal way they need .not have shinnk into.
It irberiag that, though this ettatsk was directed nee: .t
the starkness, and. endeavoured to conceal their prineedings
her dfajeaty's Gevernment, the interests of those! b 'l's from public view. It had been said that Mr. Marcy was
were deeply implicaned —nor theirs alone, but whet psevr6"s- ,awarts. of all that had been going on, end that he ahnuiesced
far greater motnent,• those also of two mighty 'IMO ens.—it ();
in the nroceedinge, at least by his silence. How, did thete
svf.s to Le hapedthat the honse evouLl. view this ti uest—ion
tied in :4 .1 , , apj earl? When • Mr. Lumley the
read for Mr. Marcy
without reference to party conerderationt despatch of Mr. Brampton, in which he disavowei the pine'
dispeosionoto epirit, suitable to its digeity, gravi-ets'e.tltl ceedinese of Mr. Augus Macdonald, be said that Mr. Di arty
importance. ' (Loud cheers.) '
Cabinet,aneeared pleased with the tornmuuicatien, and desired
Sir F. THESIGEEt said he should addreas hitirself to
that he alight have a copy of it, o show td, the Ahteriteon
the legal part of the question. TheAttorney-General had .Now, he would ask any dispaseioriate plan
eivliteeatht.horani t
flue:
tree possiblenotion
o r
ofM enlistmentr. ta rcy to
had havebt
()tiny
aott,J,l
[ler.
complained of Mr. Moore for not yielding•to the roquest.of the Gevernmeet tti postpone this question. But he had been stoned altogether? (Hear, hear.) . Such was the state
... , •
loner:sough in the hone° to knew that no moment leas con- of things viten at lest the attention of the American
Government ;was called to the proceedings .with re-
ugz
ta.err.d(
sitlionr
elth,h.aeTn e,;:a:1 i.as. tdied erensts,,,
da
Lorddon
Clarendont
enderetleppertune for bringing forward a vote of ceasure on
the Government ; and if the house was to wait until those
h k;th o
onf tJuly,
he subject,iBss;
• . • negotiations which. ware darkly shadowed forth were
of the house to'et.'
geere)emnoesstpeenadrenueesetl,yaiilavaistehde the4iitt antetteriwtin.,[ll
bronehtfo's close, it was certain there could be no disco ;-
to weery tion 1, he had been at some trouble to 'make' exs
• ") •
tcaxcte. Mr. Buchanan wrote :
.siee of the question until discussion was too late. H©
concurred with the AtterneY-General on the necensity of 'no disclosures made within the very last montne, unon a
jferoreciictiehleinevntaestriegteioend)a,tat
approaching this important question in a spirit of mo-
ts,tion (a report of which i t nose 1 6-
plan has been ergagn?rsoedd
• sleration. We had to 'consider how we stood, and what
extensive rbeyasol3nritotishbelfairreCetiethe.a,trileins.
and and is now in successful operation .in iliffererie
bad brought" ris to• this position, We had just 7e•
parts of' agents,the 'than. , to
.furnish recruits fir the British army
ceived one of the strongest marks which one 'nation
ration duties of neutrality, under the law'
could use towards another of its disapprebatine. The plaice and im
Our minister at the court of the United States had been
rtoeefnraertisitteirtatin4siatdt;rrbeliersiere;eiatitihaietesatouewrgael
war
dismissed, along with four of our consuls. Was their con-
against thet otUeri„ lieef.
theatre .0
11 nation shrill
sohniellonf "he suffer'
1 e
granted, the partiality which this
(Met' net such as to render them obnoxious to censure? If
it were not, there had heen a gross and gratuitous insult curl,
tlaMPflellii Tesi?inufawvoenrer of one belligerent to the prejudice
•on the part of the American Government, (Hear.) When of the othere could not fail to and
ejiust complaints on the
I
the Foreign Enlistment Bill was under discussion in that partof the injured belligerent, house, several wise persons anticipated that it would be the nentrahas a party is the war. tg it eventually involve
likely to embroil us with foreign powers, and warned the In view of all . these considerations, the Preside bas in-
Government to that effect. Questions were put as to the structedthe undersigned to ascertain from thetEharl of (tame-
countrioe whence recruits were likely to be obtained; but don how far persons in official station, under
DO hint.was ever thrown out by the Government that any verement, have acted, whether with or withou'teitßrapish C;o-
-attempt would be made to obtain them from America, or tiote, eithe rin enlisting persons within the UnitedeS'taPer°l)''-
the warning addressed- to them would have been still engaging them to proceed from thence to the British s'
or
stronger. There were other grounds of misunderstanding vinees, ft •r the purpose of being there enlisted ; and wprii-tm.
with merica which ought to hve withheld the Gwent measures ,if any, have been takeu to restrain their unjushtit
A-
at from any such attempt, as a
the Americans were sure fiable cot •duct.
on that account to be more sensitive to any supposed vio• To this i distinct and specific demand of Mr. Wien of their law. Two circumstances had to be cons Lord Cie
.tendon replies on the 16th July : Buchanan '
&Lured, the municipal law of the United States and their The um tdersigned must, in the first iustance express te
right under international law.' Under the former, an Act regret of her Majesty's Government if the law of the
Unitehd
of Congrees oflB.lB made it a misdemeanour to hire or re- States lens been in any way infringed by persons a4ting with'
tale any, person to go out of territory'the
enlistedii of the United or without any authority from them; and it is twiny n
States for the purpose of being erthsn the service of a sary der the undersigned to assure Mr. Buchanan I thateces-
any
foreign. state. 'Unfortunately our Government had looked such hafringement of the law of the United States is.entirelt
to close too the provisions of that law. less to see how they contrary to the
wishes and to the positive instructions of her
could obey it than how they could effect their object with- Majesty's Government, oat, positively violating the law- His hon. and learned The hot use would recollect that Lord Clarendon rispeatedlv
friend • the Attorney-General appeared to liiin to take a asserteii - that he had made the' most ample expi-ession of
view of international la
most eotreordinary was appluo regret en I the part of this Government for any vi elation of
able to this question, and, he said it with great respect. the Amyl-icon law, hat-the only passage to wittich• Lord
utterly unfouuded. 'As it appetered to him, though an Clarendon a referred for these expressions was thl,t he hail
individual might evade the provisions of the legislative just rest. .It expressed his regret if the law hail been ;n
acts of the Uoited States, and keep clear of the penalties any way infringed, but then it went on to assert
an incon-
which would attach if lie brought himself within the terms testible t:inlit to act as he had done and so fag from ex=
of the law, yet,if he systematically prompted and encou• i pressing t any regret, he justified himself. The Hoes;'
raged others to evade it, such conduct, he apprehended, ' would find that front first to last he never abandbried that
would be contrary to the good faith and forbearance which position_ ,In the same despatch be says : I
should characterise the relations between thetwo countries. - Her nr:ajesty's Governmeet do not deny that Uri acts and
His hon. and learned friend, Mr. Crampton, and Lord advertises ants of these self-constituted and unduthorised
Clarendon said that they must look to the municipal law
agents were tents
in many instances undoubted violations of the
,of the United States to know what their view of interns- law of Übe United States ; but such persons had noauthority
tional law was. Now he must say, with great deference whatever for their proceedings from any British agents, by
to such high authorities, that thew was great confusion of whom they were promptly and unequivocally disavlowed.
ideas in this notion, broached in ',the manner that it hie] But he diem not condescend to ,say what were tht portion-
been ; because the municiPal law-of any country was only lar -acts al tol advertisements of the accredited ake is which
applicable to the subjects within that country ; and thougu were din erent from those of the unauthorised agents
-that law m
ighti limit or restrain, er give freedom and which he, admitted to be illegal. He gave no answer to
liberty to bjct it could have no effect on interns- the question how far the . Government approved the acts-
tarneal law and the intercourse between nations. 'lt was of these agents. Thie letter was deemed unsatisfac-
quite true that every American was free to quit the tory, mad in a despatch of the 27th of Septeenther, rad•
somutrY. aos had been laid down by Judge Ingersoll; lank dressed to MrnCranopton Mr.. Marcy, distinctly stated
that did at all touch the international question ; fen if what it. was of which the American Government COM-
A foreign Government, or the agent of a foreign Govern- plainer'*.
Ant, lent itself to seduce, or induce, or allure persons tot The President perceives with much regret heat the dim

quillity was speedily restored within thesis, territoriee
The law Ms tiler subject lard been very clearly laid eown
by his hon. dust 'learned :frierid the Attorney-General,
namely, that the citizens of the United States had ie sight
to leave their country with the avowed object of taking
service with a foreige Power, providea that they were
not hired within the territory of the United States. With
regard to the Foreign Eulistrnont Act, the hon, gentleman
(31r. Baillie) had referred to the statri of the British army
in the year lel3, and to the amount of the militia force
then embodied, to show that in the war with Russia the
employineut of foreign soldiers was not 'recede:oy, But
the honourable geutleirian had 'overlooked 'this impor-
tant fact, th:st it was at the beginning of a war that
the difficulty of raising troops was chiefly felt. The Bri-
tish Government had thought it necessary to raise foreign
troops, but they had resorted to no new method—they ha i
thought that they might invite the services of men whose
sympathies were favourable to this country. He (Sir G.
Grey) thought that the Foreign Enlistment. Act had been
for:fide:l on sound policy, and therefore it.berraine the
duty of the Government to carry into effect the intention
with which That act had beau passed. Tue hon. • member
for Mayo said that the first step was taken by the despatch
of the Colonial Secretary to Sir G. Le Merchant in July,
1855. The first step wits that many persons in the United
States, British subjects, German and Schleswig-Hol-
steieers' had tendered their services to the British Govern*
meut. Under these circumstances, did the hon. gentle-
man say that the Colonial Secretary was not justified in
Writing that despnch ? The .Government was anxious
that nothing should be done to violate either the
sovereign rights or the municipal, laws of the United
States. The Government acted iu that spirit, and believ-
ing that these British officers had acted in the same spirit,
it would have been base on their part to have recalled
these men when they had only acted acccordiug to the
letter and spirit of the instructions which they hadreceived.
Mr. Crampton communicated to the Government of the
United States the offers made by persons resident there to
take service in her Majesty's army, and he also:comuthi•
sated those facts to Mr. Marcy. Mr. Crampton made no
mce%lment whatever of the offers which were made, and
if he did not enter minutely into all the arrangements, he
was impressed with the conviction that the United States
were not anxious minutely to inquirointo what was going
on. That was the spirit in which Mr. Crampton acted, and
when criticisms wore
.made on single passaged in the de-
spatches, or in the' fact of that gentleman having been in
communication with persons whose character was of a most
disreputable kind, they should not overlook the generous
spirit exhibited by the Earl of Clarendon, and the gene-
rous spirit in which Mr. Crampton acted throughout the
whole of these transactions. There were parsons in the
United States, who professed to act upon the authority
which they had received farm her Majesty's Government,
or from Mr. Crampton—who were doing acts tending to
interfere with the amicable relations of the two orations,
and who it was impossible strictly to defend; and it was
on these grounds that her Majesty's tloverninent avowed
their determination to put an end altogheher to this scheme
for enlisting troops. It had been denied that any aro;ogy,
was offered by the Government when these facts came to
their knowledge. What were the facts of the case ? The
apology, which was said to be no apology, was one which
Oil, indeed, say that nothing ho been done by persons
acting under the authority atter Majesty's Government to
give any just cause of complaint to the United States, but
it expressed our regret that theirlaws, if infringed, should
have been infringed by persons without any authority,
and stated that such infriegemeut was entirely contrary to
the wishes and the positive instructions of her Majesty's
Government. It was of course impossible to ad mitin that
apology that things had been done contrary to the laws of
the United States because nothibg was proved-' but they
admitted the fact might have been so, and if so they deeply
regretted it. (Hear.) . The apology concluded by setting
forth that her Majesty's Government, having reason to
tuink that no precautionary measures %mild effectually
guard against an iufringemeut of the law, were determined
that all proceedings fur the enlistment of recruits should be
put au end to, and instructions for that purpose were sent
out before her Majesty's Government had the honour of
receiving Mr. Buchanan's note. A good deal had been said
as to the etrat of that despatch upon Mr. Buchanan ; but'
what were the facts of the case? Mr. Buchanan, to whom
it was addressed, certainly made a very short answealor
he did not enter into any argument to show that the course
pursued gave no satisfaction to the United States, but he
said he would have much satisfaction in transmitting a
copy of the Earl of Clarendon's note to the American Se-
cretary of State. Mr. Buchanan was evidently satisfied
with the explanations giveh by her Majesty's Government,
and in the decision they had come to to abandon their pro-
ceedings. • (Hear.) A despatch, written in *ignorance of
the despatch of Mr. Buchanan, by Mr. Marcy, insisting on
:certain terius of Satisfaction, it was not thought necessary
by the former gentleman to transmit to the Earl of
Clarendon, because he felt that the despatch sent by-the
British goveruu3ast, of the 16th of July, was likely to
terminate the whole affair by showing the spirit in which
the English Government had received the reinoustranceis
of the United States. (Hear.) He thought the passages
to which he had referred clearly showed that the impres-
sion on Mr. Buchanau's mind was that the despatch ie
question ought to terminate the whole matter, and he
concurred with her Majesty's Government that the conci-
liatory course they had adopted, cut of deference to the
feelings of the United States, would be entirely satisfac-
tory to the latter Government. (Hear, hear.) He thought
the house would consider that the course pursued by the
Government showed at earnest desire to do nothing which
would be at all likely to place them in the wrong, in case
these affairs should unfortunately not be brought to a sa-
tisfactory conclusion. The hou. gentleman said that the
-evidence given at the trial showed that Mr. Crampton had
been in communication with Strobel and Hertz. •No
doubt he bad been, but in total ignorance of their cha-
racter, which was also wholly unknown to her Majesty's
Government, and he (Sir G. Grey) did not think that the
house could condemn the Government because, in pursuit
of a legitimate object, they had employed those men, and
that the house would allow the evidence of men of such
infamous character as these were proved to be—denied, as
it was, by Mr. Crampton and the consuls—to have any
influence upon the decision of the house. The hon. mem-
ber for Stamford, from one of the despatches of the Earl
of Clarendon which he had read to ,the house, assumed II
that the Earl of Clarendon asserted abet the British Go-
vernnsent insisted upon the right of both enlisting and at-
testing recruits on the United States territory, to serve iu
the British. army. But that despatch did not hear that in-
terpretation ; for the Earl of Clarendon was there only an-
swering a charge of Mr. Marcy's and showing that it was
impossible, by the law of E 'gland, that, having regard to
the terms of the demandsof Mr. Marcy, any person could have
been so enlisted ; but the Earl of Clarendon further added
that if any one had been enlisted contrary to the law of the
United States he would send him back u,gain to America.
He (Sir G. Grey) did not believe that any one had been so
enlisted, and the demand wastherefm eitupossibfeto comply
with. He urged the house to be guided in their opinions
by the general character of the corresphndence and pro.
ceedings, and to say whether they were satisfied that the
Government had not, in all respects, in what they had ddhe,
regarded the municipal law of the United States—a law
which even the American Government itself now confessed
the Goverhment of Great Britain had not infringel. Were
1 the house prepared to condemn the Government becausewheu
they thought there might be ground for a shadow of corn
plaint if they persist eel in the course they bad adopted with
reference to enlistnent, they stopped, at groat disadvantages
to themselves, all further 'proceeeings iu the United States,
and because they hail not thought right, upon the dismissal
of the British Minister, to retaliate by the dismissal of Mr.
Dallas, against whom this country had no complaint, and
through whom the American Government was ready to
continue negotiation upon pressing matters of great im-
portance? He was sure that the house and the country,
upon a full consideration of all the circunrstancee of the,
case, would come to the conclusion that the Government,
in the measures it had adopted, had consulted the honour,
the dignity, and the interests of the nation at large,
(Hear.)
air F. THESIGER explained that ho bad not complained
of the Government for not retaliating upon the American
.Government by seri ting back Mr. Dallas,-but that what be
had complained of was that the Government had placed
the country in such a position as to compel it to submit to
the indignity which, had been offered to it.
Sir J. WALSH moved the a journment of the debate.
Lord PALMERSTON expressed a hope that the-debate
would be brought to a close that evenitig.
The' house then divided, when there appeared—
For the adjournment of the debate
Against it
220
Majority for the Government
The announcement of the numbers was received with
loud cheering.
Sir J. WALSH then rose to speak upon ' the original
motion. He thought the exultation of hon. members was
misplaced. The opinions of many. of the leading members
of the house had not yet been ascertained. The noble lord
at the head of the Government had not yet addressed the
house, and 12 o'clock was rather a late hour, under such
circumstances, to proceed with a debate on so important a
subject. He bad no political sympathies with the hon.
gentleman who brought forward this motion. He felt that
the honour of the country had been placed in a delicate
position—(a laugh)—the question before the house really
being whether the Government had sustained our nationa?
dignity,. and whether it had not received detriment al
their hands. It appeared to him that the American Go-
vernment might have written and asked her Majesty's Go-
vernments to recall their Minister; bat, 'unless 'based upon
ettfficient'grounds, the dismissal must have been an offen-
sive one, either towards the-Minister or towards the na-
tion which he represented. The Government had acquiesced
in this proceeding of the American Government by not
dismissing Mr. Dallas ; bat he was not prepared to say
-that they were not right inthat course. Their-justifica-
Cori for not dismissing him was, however, that they were
in the wrorg, and that was the only defehce they could
make. (Hear.) The complaint of the President was that
there had beau a systematic evasion of the United States
law, and that her Majesty's Government had not acted in
th it spirit which one friendly Governinent ought to act
towards another. He felt himself forced to:vote for the
motion of the heti. member for Mayo, because he consi•
dered that this country had, in some respects, been Mimi.
Hated. If Mr. Dallas had been disrais,ed, the house could'
not have interfered with the dispute, but as the Govern.
ment had not dismissed him they acknowledged they were
in the wrong, and therefore ha should vote for the motion.
Mr. M. GIBSON then moved that the debate be ad-
journed.
Lord PALMERSTON said if these motions for adjourn-
ment were repeated ut that time of night (half-past :2
o'clock) the result was clear thatathe debate must be ad-
jourbed.

The debate was then adjourned till 6 o'clock to-morrow
(this lay), and the motion that the Speaker leave the
chair was withdrawn.