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

by engaging their arms, had violated the sovereign rights,
of America, that it had actually recognised the government
which had been established and subsisted entirely by the
assistance of American subjects. That being the state of
the law, he would briefly state the facts to which it was to
be applied. A fact which ought never to be lost sight of
was, that it was never intended in this scheme of recruit-
ing to enlist American subjects properly so called. At the
time when the Foreign Enlistment Act was passed there
were in the United States large bodies of persons who
were anxious for military service. They were of two classes'
—British subjects who had emigrated to America, and who
being disappointed iu their expectations, were anxious to
return to their own country, and ,avastnumber of political
refugees whom the revolutionary movements of 1848, and,
above all, the counter-revolutionary movements had driven
into exile, together with other foreigners who had served
in the Schleswig Holstein army, and who, on the disband-
ment of that army, had found refuge in America. With
regard to the first class of persons, it was quite clear that,
if they desired to enter the British service, so long as we
did not violate the law of America, no man could say
that we had not a perfect right to enlist them. The
law of England was that no British subject could throw
off the allegiance which he owed to the Government of
England, (Hear.) His country or his allegiance he could
not put off. A principal maxim of law was " .Arenbo potest
mere patriam." A man might expatriate himself, he
might change his atmosphere, he might stand on another
soil, and look at another heaven, but he would not put off
his allegiance. Therefore if you had, as was the case at this
time, offers from British subjects who had not found in
America the house which they had expected, who had not
put off that attachment to their native land, which he be-
lieved a British born man could no more put off than the
law would allow him to put off his allegiance, and who
when they heard that the old country was at war and
needed the services of her so or naturally felt an inclina-
Con to enter into her army, you could, withoat violation
of the municipal law of the United States, take them into
your service, and there could be no consideration, moral,
social, or political, which could interfere with your doing
so. The other body of men, the refugees, were not Ame-
rican subjects, iu the proper sense of the term. They had
taken refuge in America, but did not desire to remain
there. They had fallen upon a period when there was
great distress iu that country. At the conclusion of the
year 1854 trade was in a state of universal stagnation, em-
ployment was scarce, wages were low, anti provisions dear.
These men could not find employment ; they had been used
to the army and preferred military service to any other oc-
capetiou. They, therefore, prop9sedand proposed in
considerable numbers—to take service in the army of this
country. The whole question was this :—Could we, con-
sistently with the laws of the United States, take those
persons into our service? If we violated the laws of the
United States we were responsible ; but, considering that
the laws of the Uoion allow persons who owe allegiance to
it to take foreign service beyond its boundaries, he said
that there was nothing in the law of nations which prohi-
bited us from receiving those persons into our service.
We were not bound to carry the obligations of American
citizens one whit beyond that which their own laws im-
posed. We were entitled to take that as the measure of
extent to which the American Government desired to carry
its sovereign rights. We had a right to look at the muni-
cipal law, and if it did not forbid the enlistment we were
justified iu proceeding with it. But then it was said
that a e hail violated the kyr by enlisting men for
the service of Great B.itain upon American soil. He
thought he could show that this had never been done by
those for whom the British Government were responsi-
ble. He begged to call the attention of the house to the
original instructions sent out by her Majesty's Govern-
ment: These instructions were sent out on the 16th Feb.,
1855, while Mr. Sydney Herbert was at the Colonial-office,
and were to be found in the following despatch from Mr.
S. Herbert to Sir Gaspard le Marchant, Governor of Nova
Scotia :

" I transmit to you a copy of the Foreign Enlistment Act,
which has peen passed in Parliament in the present session ;
and, iu with it, ala auxieusto eall your immediate
attention to tue following subject :—Her Majesty's Govern-
ment have received communications from the British Minister
at Washington, and also from some of the Consuls in Ameri-
can cities, which lead them to suppose that a considerable
number of German and other European foreigners, now resi-
dent in the United Seates, are ready and disposed to enlist
under the provisions of this act. Iu particular, it has been
stated that there are, scattered in different parts of the Union,
men who have seen service with the Sc: leswig-liolstein army,
and who h we, therefore, toe advantage of a certain mount
of military training, and who would willingly take up arms
again under the British itandard. But supposing these state-
ments to be well founded, the men in question could not be
enlisted for British service ou American soil with due respect
to the laws of the United States as a neutral Power; and
considering how uncertain it is whether parties who might
thus offer themselves woul I turn out fit for enlistment, it is
sc trcely practicable to iavite them over to this country with
the chauee of rejection. Under these circumstances, it has
occurred to her Majesty's Government that it mig:,t be pos-
sible for men who should represent themselves to the consuls
or other British authorities in the United States, as willing
to serve, to proceed to Halifax, if a depot, of which public
notice would be given, in Nova Scotia, could be established
iu that city, under your inspection, for the reception of re-
cruits for a foreign legion, where they might be examined,
and if found fit for service,. enlisted, and either sent to this
c3untry or formed ou the spot into a battalion. It is also stated
that a large number of persons iu the United States who are
British subjects would he willing to take service in the
British army if au opportunity were afforded them of enlist-
ing It would be necessary to keep the latter class of recruits
(if such should offer themselves) quite distinct from foreigners
and they might perhaps be willing to enlist into existing re-
giments of the line."
Tuese were the fir.t instructions tent out to the United
States, and without trouoling the house with the various
despatches from the Colenial-office and the Foreign-office,
he would assort that in every one of these despatches the
most distinct and emphatic instructions were to be found
to official persons in the thiited States to take the utmost
care and caution not to iufi ingu the municipal law of that
country. What was the view of the A mericansupon their
own law and their own rights? The hon. gentleman had
put the question as it the fact of a depot having been
formed at Halifax fur the reception of recruits had never
been brought to the knowlelge of Mr. Marcy. Now, he did
think that the hon.gentleinan, acting in ajudicialcharacter,
ought to have stated the whole case, There was the posi-
tive statement of Mr. Crampton in two despatches that he -
had communicated distinctly and clearly to Mr. Marcy the
fact that a depot had bee I established in Nova Scotia for
receiving recruits from the 'United States, nor had this fact
ever been denied by Mr. Marcy or any one else. In his de-
spatch dated Feb. 22, to Lord Clarendon, Mr Crampton

I told him (Mr. Marcy) that I utterly opposed and discoun-
tenanced any violation of the neutrality law. I also told
him that numerous applications were made to me by persons
here wishing to join the British army, and that my answer
Lad been, that couldusot enlist them here, and that if they
wanted to become British soldiers they must go to British
territory to be enlisted. He made no sort of objection to
this, and entered into no discussion as to its being incon-
sistent with international law, on the contrary, he said that
anybody might go who chose,—" that half the United
States might go if they chose," were, I think, his very
words ; and he repeated the same thing to Mr. Lumley
during my absence. I certainly, never dreaming then, as I
do not believe now, that any violation of international law
was involved, so long as the municipal law was observed, did
not enter into any discussion of such a question with him.
He did not show the least inclination to enter on the subject
of the recruitment at all; and I thought that I understood
his motive to be the natural one, that having, on the one
hand, shown a deteemination to sustain the law, and, on the
other, a disposition to leave every citizen or resident of the
United States free to exercise their, undoubted right, or not.
as they chose, he did nut wish to seem to take part, either
one way or the other, in either recommending or discouraging
them from doing so iu favour of either of the belligerents.
'That statement was borne out by Mr. Lumley, who re.
peated the same thing to Mr. Marcy, while Mr. Crampton
was absent in Canada. The hon. member had spoken of
Mr. Crampton and Mr. Lumley as two mean, dishonourable,
and miserable culprits, to Whose statements not one tittle
of credence attached. He did not believe that this was a
fair view of the conduct and character of these gentlemen;
and when he found both these gentlemen assertinthat
Marcy
the bad distinctly brought to the attention of Mr.
the fact that the British Government had established a
depot at Halifax for receiving men for enlistment.
'What
Gladstone—Where does Mr. Crampton state that ?) That
was in page 172, but Mr. Crampton stated the same thing
in his despatch dated March 3, 1856, where he said :
I told Mr. Marcy on the 22d of March that numerous
applications had been made to me by persons in this country
who wished to join the British army, and that my answer
had been, that I could not - eulist them here, or hire or re-
tain them here, without violating the law, and that, con-
sequently, they must go into British territory, there to be
enlisted. Mr. Marcy made no objection to this, but re sr
marked that any person might go who chose, and then
reiterated the expression he had just before used, of his
intention strictly to enforce the Neutrality Law. Te this
I, on my part, hat no objection to make; on the con-
trary, the view it disclosed entirely agreed with that I had
myself submitted to Mr. Marcy on showing him a letter I
had written to Mr. Barclay Asapproving of the proceedings
of a Mr, Angus M'Douald, because I thought that those pro-
ceedings would or might be taken to constitute a violation
of the act of 1818.
It was clear that, unless Mr. Crampton had gofer forgotten
his honour and truth as to fabricate that statement, Mr.
Marcy, on the 22d of March, 1855, was made fully aware
of the mode in which the British Government were carry.
lug out the Enlistment Act. Well, that being the state of
things, upon what ground did the American Government
make their cernplaint against the British Government for
having infringed their laws? They did not deny any-
where that the state of the American law was as it had
bean represented—viz., that, although no one could be
enlisted on the soil of the United States, there was nothing
to prevent the American citizen from going to another
country to enlist there. No one denied this ; but the
American G ',ferment said the British Government had
violated their " sovereign rights" by attempting to enlist
their subjects at all. The answer of the British Govern-
ment was, that they were not infringing or violating the
sovereign rights of the United States if they availed
theraselves of the permission which the law of the United
States gave. There was nothing in that law which pre-
vented an American citizen from going to another country
for the purpose of serving a foreign State. If that were
periritted to the United States' subject, who was thus res
leased from his obligation to give an unqualified and entire
allegiance to his country, it could not be matter bf com-
plaint against the British Government that they were wil-
ling to accept the services which the subjects of the United
States' Government were willing to render. (Hear.) This
doctrine of sovereign rights could not certainly apply
where the British Government had to do exclusively with
British subjects, over whom they had rights which had the
force of law • and it would haroly apply to persons who
were thee
subjects of other States, and not of America,
who re Doty
temporarily in America,i and did not
w
make it their permanent place of abode—who had
not taken rout in the soil, and only made it their
temporary place of asylum, with the inten-
tion of returning to Europe. If this permission to go to
the territory of another P. to enlist were allowed to
American citizens a fortiori it must be allowed to the
quasi subjects of other States and to British subjects ; and,
therefore, the British Government were entitled to take
persons and enlist them. But it was said the British Go.
vernment were not content with enlisting them beyond the
boundaries of the United States, but that they violated
the law by enlisting, or rather engaging them to enlist, in
that territory. Upon what testimony did that rest? It-was
deuie) iu the most emphatic and indignant terms by Mr.
Crampton and the consuls. What was the evidence upon
which the American Government Rersisted in saying that,
although Mr. Crampton denied his complicity, he was in-
velved in these transactions? It rested upon the evidence
given on the trial of Hertz. Was that evidence worthy to
be belie7ed—was it evidence to which the house would at-
tach the slightest importance, confronted as it was by the
positive statement of Mr. Crampton and the consuls, on
their words of honour, tiustpit was a tissue of falsehood and
misrepresentation? The trial was a very remarkable mob