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

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THE SUN, LONDON, TUESDAY' EVENIN-G, JULY 1856,

through both borne:, of Parliament, not because it was
considered in or out of the house an unexceptionable
ua aeure, but because the Legislature, having en-
trustrd to the Government the responsibility of the war,
they could not refuse any measure which the Govern-
ment considered necessary for protecting frthe interests
of the country. But the bill did cot pass through either
house without explanations being asked for and given.
The Duke of Newcastle, being asked in what country
they meant to enlist, said no answer could be given on
that subject till the G)vernnoents of other countries bad
been consulted. He believed that the Duke of New-
castle had no idea el introducing the system of enlist-
ment into any country without the consent of the Go-
vernment of that country. The next question was, bow
to put the bill into operation consistently with the neu-
trality laws. A letter was written to Sir Gaspard Le
Merchant, in which it was suggested whether persons,
subjects of the United States, being willing to enlist,
might be brought to Nova Scotia. The first step that
Mr. Crompton took in this matter was a discreet one,
and he was strongly inclined to think that if Mr. Cramp-
ton had had a wise and discreet chief over him it was
extremely probable he would never have got into tke
trouble he did. He wrote to Lord Clarendon an answer
to the despatch, in which he said—
In order that no misconception or mistake should arise
in regard to this matter, which is justly regarded by her
Majesty's Government as one of primary importance, and
which is indeed an indispensable condition to success in
the objects they desire to effect, I have caused the legal
opinion in regard to the bearing of the Neutrality Laws of
the United States in this matter, of which I have the.
honour to enclose a copy, to be drawn up by an eminent
American lawyer, in the Roundness of whose views—both
professional and political---I place the firmest reliance.
He thought Mr. Crampton placed a just reliance on the
eminent lawyer alluded to ; he believed that wiser,
more pregnant, and more sound advice was never re-
ceived from any man. Why there was not a single diffi-
culty, danger, or disaster which subsequently occurred
which was not pointed out. In his report, he said,
speaking of the Neutrality Act—
By the 2d section of this act, a person enlisting himself
within the United States, for foreign service, is punishable;
and the person who enlists him is also punishable. This
is the case of a complete enlistment within the United
States ; both parties to which contract are offenders. But
it was apparent that if the statute stopped here, nothing
would be easier than to evade its provisions. Good faith
required that it should, if possible, be made to reach and
prevent the mischief ag.inst which it was directed. Ao-
cording's' it is made equally an offence "to hire or retain"
any person to go beyond the limits or jurisdiction of the
United States, " with intent to be enlisted." The offender
in this case is the party hiring or retaining, whether the
party so hired or retained actually go abroad add be en-
listed or not. The proof thereof woul I ordinarily be found
at hand, if found at all, and might be ,irawu from the
other party to the contract, who could interpose no objec-
tion on the score of criwinating himself, since, as to him,
there is no offence except by enlietme it within the United
States, which the supposed case excludes. The danger of
volunteer witnesses among such people would also be very
great.

Tae opinion of this American lawyer concluded with the
following g nvrous and sagaci summary of the
whole unatti-r :

When we consider the necessity of something like an in-
spection, the nuavoi table coincideuc.) of numbers of emi-
grants, the malice of rejected applicants, the inducements
to treachery, the natural vigilance of a certain portion of
the community iu such a matter, and through them the
action of the press and of the police, I think the least to
be apprehended is a prosecution, wh Aever its result ; and
in that event the counecti in of any official person, how-
ever iudirect or f tiutly traced, would more than counter-
balance the advantages proposed.
Was it not II:re:1st rous for the Government after that to
upbraid the authorities of the U..ited States for taking
the vtry course which the Government was warned by
their own la . yer it would be their duty to take under
the circuin.,tai,ces T C.,uld anything be more extraordi•
oary than f r them t) raise an elaborate quarrel with
the United Sales in re-poet to an interpretation of the
law which was not only contrary to the opinion of the
United Bta, es authoritie-, but absolutely in direct oppo-
sm.') to their own la.vyer's advice? It appeared to
Ain that such an opinion ought at or to have
been decisive, 1:0:. only as r,4ards the proceedings
6tquenily taken by Mr. Crampton, but decisive also a,

regards the is,ue af-erwards raised by Lord Clareudon.
At ad events, it ought to have suggested the eousiaera-
turns, nay the duty, of further inquiry ; but what was the

ree,,,u•i whicti this advice produced in the mini ut
sir. Crampton, and which he curnalunica'ed to the

authorities at Canals and the Foreign Secretary at
home ? The resolution Nas thus conveyed to Sir Gas-
pard Le Marchant : _

Washington, March 11, 18:55.
A copy of the instructions addressed to your Excellency
by the Secretary of State for the Colonial Department has
already been forwarded to me by the Earl of Clarendon,
accompanied by an instruction from his lordship to
myself to use my best endeavours to give effect to the
wishes of her Majesty's Government, and with that view
to communicate with your Excellency for the purpose of
obtaining your co-operation iu regard to such measures as
way be adopted with safety; and with a scrupulous re-
spect to the provisions of the law of the United States.
Thus, though not empowered by her Majesty's Government
to raise or embody iu the United States troops for her Ma-
jesty's service --- fur this would he obviously impracticable
in view of the existing laws of this country—l feel fully
authorised to use suclfmeans as may be within my power,
and are legal, to meet the views of her liajesty'a Govern-
uieut. The just anxiety which is felt by 'der Majesty's Go-
vernment to avoid the possibility of any cause of complaint
on the p trt of the Government of the United States has
induced me to give this'part of the subject my best con-
sideration ; and with a view of avoiding the possib lity
any misconception or mistake, I have caused the legal ..pi-
Dion, of which I have the honour to enclose a copy, to be
drawn up by se able A.inericAu lawyer, stating the bearing
of the neutrality laws of the United States upon the mat-
ter. I have furnished your agent with a copy of this opi-
nion fur his information and guidance, and I have directed
him to confine his operations, in the first in tance, to snak-
ing inquiries as to the desire which may exist among the
inhabi. ants of the eastern cities of the United States to enter
her Majesty's service, to inform such persons of the dispo-
sitiou of her Majesty's Government, to accept such properly
qualified candidates as m‘y offer themselves, to make
them acquainted with the terms upon which the enlist-
ments wit) be made, and with the places within the British
doinioions to which they may repair for the purpose of
being enrolled, carefully abstaining, however, from enter-
ing into any agreement with such persons, or from doing
anything which might be construed into "retaining or
hiring" any individual to emigrate for the purpose of en-
listing in the British service. Auy advance of money by
her Majesty's agents or others in the United States would
coastatute au infraction of the Neutrality Law.
Ti: is appeared to be a dogged determination on the part
of Mr. Crampton to take his own c.mrse ; and yet L rd
Clarendon, with the former legal °parkin, wrote au en-
tire approval of the priceedii,gs which Mr. Crampimi
had taken iu the following terns :

Foreign-cffice, April 12, 1855.
Sir,—l entirely approve of your proceedings es reported
in your despatch of the 12th ult., with respect to the pro-
posed eulistineut iu the Queen's service of foreigners and
British imbject.,t in the (Juiced States. The instructions
which I addressed to you upon this subject, and those
which were sent to the Governor of Nova Scotia, were
fouuded upon the reports from various quarters that
reached heir Majesty's Government, of the desire felt by
many British subjects as well as Germans in the United
States, to enter the Queen's service, for the purpose of
t Acing part in the war iu the E oit ; but the law of the
United States with regard to enlistment, however conduct-
ed, is not only very just, but very stringent, according to
the report which is inclosed iu your despatch, and her
Majesty's Government would on uo account run any risk
of infringing this law of the United States.-I am, &c.,

CLARENDON.
It was clear that this approval covered the who!e pro-
ceedings suoiequently taken by Mr. Crampton ; it
amounted to a:i approval of his resolution to proceed
with the enlistment, notwithstanding the advice he had
just received. It was an approval of his instruction to
the government authorities in Canada to communicate
to all whom it might concern in the United States the
terms on which her Majesty svas prepared to receive re-
ernits ; it was an approval of Mr. Cranipton's interpre-
tation of the law, that an advance of money would ne-
cessarily constitute an offence. But mark what fol-
lowed. At the very moment in which L,.rd Clarendon
was answerng Mr. Ciampton's despatch, the noble lord
was m receipt of another despatch from Mr. Crampton,
in which he raid—

Washington, March 21, 1855.
I have the honour to inclose an extract from a letter
which I have received from Mr. Con-ml Barclay at New
York, informing me that the person whose name is at the
foot of the printed handbill therein inclosed had stated to
him that the handbill ha.l been issued by authority, that is,
I presume, by the authority of her Majesty's Government.
As the person who signed the handbill, Angus M`Donald,
is totally unknown to me, and is certainly not acting under
the author ity or under the suggestion of this legation, or,
as far as ism aware, under that of any other agent of her
Majesty's G vernment ; and as, moreover, the act of issu-
ing a printed notice of this sort might be taken to con-
stitute un infraction of the neutrality laws of the United
States, I have lust no time in instructing Mr. Barclay
to .tisavow Mr. M`Donald's proceeding, and to read to
hint the let ter of which Ihavethe honour to enclose a copy.
Perceiving that the subject of a supposed enlistment at
New York of troops fur the British 'army has beea com-
mented upon in the newspapers, I thought it right to state
to Mr. Marcy the true state of the case and the steps I bad
taken in the matter. I accordingly read to him my above-
mentioned letter to Mr. Barclay. Mr. Marcy observed that
he hal never doubted that no sort of countenance would
be given by her Majesty's Government to persons who
should use their name iu any attempt to violate the neu-
trality laws. He added, however, that the proceeding in
question hail been brought under his notice, and that
orders had alre;idy beoi given to the district attorney of
the 'United estates to institute legal proceedings against
Angus M'Douald or any other pet sons who should be found
to have re titered themselves liable to penalties of the act
of Congress regarding the enlistment of citizens or resi-
deots in the United States for the service of a foreign
power.
The handbi.l referred to was as follows:

" Highly important to the Unemployed! —The British
Government having concluded to form a foreign legion in
Nova Sc. tie, and to raise several regiments for duty in
the provinces, offer a bounty of W., or 30 dollars, together
with the pay of 8 dollars a mouth, rations, good clothing,
and warm quarters, to every effective man fit for military
duty, from 19 to 0 years of age ; to join which are in-
vited English, Irish, Scotch, and Germans. The subscriber
(with the view of asbistiug those who have not the means
of paying their passage) hereby gives notice that he has
opened 16 passage office, No. 36, Pearl-street (near Broad),
where he proposes to engage passages by good vessels to
Halifax, leaving twice or three 'imee a week, for the sum
of five dollars ; or, procure through-tickets by railroad,
leaving every morning (Sundays excepted), and arriving at
St. John's, near Montreal, that evening, which passage
money must be paid him or his agent, by the parties, to-
gether with the small s..m of s'► cents additional for corn-
! missions, on arriving at their destination in the province.
It is hoped that those effective men who are now suffering
and iu distress, will avail themselves of this rare opportu-
nity 01 bettering their condition before it, is too late.-
I.ANGIis ArDONALD."
to this handbill Mr. Crampton wrote an inge-
nious disavowal, in which he said it had not been ism d