The Sun.
London, England, 1856-06-27 00:00:00

THE RELATIONS OF GREAT BRITAIN
WITH THE UNITED STATES.

We have been favoured with copies of the "further
correspondence" on the subject of the Enlistment and the
Central American questions. The following despatch on
the former subject was written by Mr. Crampton after-
his arrival in London, and may be regarded as his last
sontribution on the affairs of the United States :
"Ma. CRAMPTON TO TIIE EARL OF CLARENDON.

" London, June 19, 1856.
"My Lord,—ln compliance with your Lordship's desire,
I proceed to submit to yon a few cbservations in regard to
some of the statements made by the United States' Govern-
ment, in a despatch dated May 27, addressed to Mr. Dallas,
being the reply of that Government to your Lordship's note
to Mr. Dallas, of the 30th of April last, upon the subject of
alleged recruitments for her Majesty's service in the United
States.

"This I was unable to do at an earlier period, from the
fact that no copy of Mr. Marcy's despatch and its accom-
panying documents was communicated to me by the United
States' Government, with Mr. Marcy's note to me of the
28th ult., by which I was informed that, for reasons that
would be explained to her Majesty's Government, the Pre-
sident of the United States bad come to the determination
to discontinue his official intercourse with me as her Ma-
jesty's representative.
I would also remark that Mr. Marcy's note was not de-
livered to mo in time to enable me to make even the fact of
my having receive t it known to your Lordship until my
recent arrival in this country.
" It -is with unfeigned s disfaction that I observe, from
Mr. Marcy's despatch, that the United States' Government
now expresses itself satisfied with the assurances contained
in your Lordship's despatch to Mr. Dallas, and that the
charge of having violated the municipal laws of the United
States, as well as the general principles of international
law, by recruiting within the territory of the United States,
is no longar,arged against her MajesEfiradverilixtent us a
cause of complaint.
"Such being the satisfactory result of Mr. Marcy's last
communication, it becomes a matter of secondary import-
ance to determine in how far the acts and intentions of the
individual officers of her Majesty's Government, who are
still the objects of the censure of the Government of the
United States, may have been misjudged or misrepresented.
A tacit admission of the justice of such a censure would, no
doubt, conveniently dispose of the whole question as between
the two nations, while a continuance of the discussion would
tend to prolong or to revive feelings of national irritation,
which it is most desirable to avoid.
" I am not surprised, therefore, although lam deeply
pained to observe, that many persons, even in this country,
are disposed to adopt, with more or less of qualification, the
unfavourable views put forward by the United States' Go-
vernment, iu regard to the conduct of her Majesty's Consuls
at New York, Philadelphia, and Cincinnati, and of myself,
by which the whole of the responsibility for the misunder-
standing which has unfortunately arisen between the two Go-
vernments has been thrown upon us, and that this imputa-
tion, and, in general, without the least reference to the state-
ments which we have already made in reply to previous im-
putations of the same nature.
" I do not apprehend, however, that it would be a matter
of indifference to her Majesty's Government that the hum
blest individual in her Majesty's service should suffer injus.
tice, come from what quarter it may ; nor do I imagine that,
even supposing that some errors of judgment or miscalcula.
tion of events should be justly laid to their charge, her Ma-

- -
jesty's Government, or any considerate or unprejudiced per•

. _
son in this country, would be disposed to impute more,
though they might not feel justified in imputing less of blame
.. . _

Aianthe occasion called for.

"It is under this impression that I venture to offer a few
remarks to your Lordship, in regard to the personal censure
which the United States' Government have now thought it
expedient to pass upon her Majesty's Consuls and myself,
with reference to the part which we have taken in furthering
the wishes of her Majesty's Government, by procuring from
the United States the aid of such persons•as; under the pro-
visions of the Foreign Enlistment Act, were willing and de-
sirous to serve under the standard of Great Britain in the
then existing war against Russia.

" The principle which Mr. Marcy persists in applying to
the acts of her Majesty's agents, though he has abandoned it
as a ground for complaint against her Majesty's Government,
is to be found stated in Mr. Marcy's despatch of December
28, and 's to this effect :

' This Government maintains that in every instance
where a person, whether a citizen or a foreigner, has been
brought to the determination to leave the country for the
purpose of entering into a foreign service as a soldier or sailor
by any inducements offered by recruiting agents hero, the
law of the United States has been violated.
" There certainly can be no doubt of the violation of the
law of the United States in every case where one party—the
recruit—has been induced by the terms offered to him actu-
ally to leave the United States for the purpose of entering
into foreign military service, and the other party has fur-
nished the means and ,borne the expense of taking him to a
foreign depot in the expectation that he would consummate
the act by an enlistment.'
" Now, my lord, I submit that this principle cannot be re-
conciled with those maintained by her Majesty's Government,
and that if Mr. Marcy is content to waive, if not abandon,
his view of the matter, so far as her Majesty's Government
is concerned, lie cannot reasonably enforce it against the
agents of that Government acting under its instructions.
" And yet this is what Mr. Marcy has done ; for ho has
reproduced against those agents, without distinction, the
evidence by which he sought to convict them of a violation
of the municipal law, and that by which he sought to -
•vipt them of n' violation of the law of motions ;
In his present 4espatch,fallen Into tbe liam(i'method
sowing whicli;-ats-r-nave tilreauy ptnutucruuv;
former communications, namely, he has designated . :-
ently every act of the agents of her Majesty's Government
for availing themselves of the services of persons residing in
the United States as 'recruiting in the United States,' or as
part of a scheme of recruiting in the United States,' thereby
begging the whole question under discussion.
" In order to sustain the charge against her Majesty's
agents of having violated the municipal law Mr. Marcy
resorts to a reiteration of his implicit belief in what he calls
the unimpeached and unimpeachable testimony of Messrs.
Strobel and Hertz, adding, however, that this evidence forms
but a small part of that upon which he relics, and that there
aro numerous acts of mine and of her Majesty's Consuls,
undenied and undeniable,' which confirm it. Mr.
Marcy has not stated to what acts he alludes, but if they
are acts by which I am supposed to have recruited soldiers
for her Majesty's service within the United States, or hired
or retained,' in the sense of the Act of Congress oflBlB,
sons to go and be recruited elsewhere, or authorised other
persons to do those acts, I do deny them. If they are acts
by which persons were informed of where and on what terms
they would be received into her Majesty's service in British
territory, or by which aid and assistance was afforded to
them to reach that country, Ido not deny that acts of that
sort were authorised by me; but I maintain that such acts
were neither illegal nor a violation of the sovereignty of the
United States. As to invitations or inducements I never
offered them to anybody, although it appears that I might
legally have done so ; for I cannot agree with Mr. Marry that
the offer of any inducement short of hiring or retaining, and
by a contract which would, if not rendered illegal by the act
of 1818, be binding, would constitute a violation of the law,
and, consequently, of the sovereign rights of the United
States. _

" I am far from seeking to deny to the Government of the
United States the right of interpreting the laws of the United
States; but I cannot subscribe to the doctrine that the Ex-
ecutive alone has a right to interpret the law. Every act
done or authorised by me is supported by decisions of the ju-
diciary in which the President himself could not refuse to
acquie,ve in any case in which, either in his official or pri-
vate capacity, he might be concerned.
" The decisions in question are as follows :
" Judge Kane at the trial of Hertz and Perkins at Phila-
delphia on the 22d of May, 1855, says, Ido not think that
the payment of the passage from this country of a man who
desires to enlist in a foreign port comes within the act;' and
'in the terms of the printed proclamation there is nothing
conflicting with the. laws of the United States.' In the case
of the United States v. Wagner, tried before Judge Ingersoll
at New York, the judge charged the jury as follows Any
resident of the United States has a right to go to Halifax
with the intent to enlist.' It will be seen that these decisions
are utterly at variance with the broad principle laid down in
Mr. Marcy's despatch of Dec, 23, and alluded to above. If
these decisions have been reversed, and if others conflicting
with them have been pronounced I can only say that I am
unacquainted with the fact.

" But Mr. Marcy has now produced—whether for the pur-
pose of sustaining his charge against us of having violated
international law or principles laid down by him, but not
acquiesced in by her Majesty's Government, or whether to
support his charge of a violation of the municipal law, he
does not clearly state—a number of affidavits lately made by
certain Poles, Germans, and others, relating principally to
real or supposed transactions in regard to the conveyance to
Halifax of persons who wished to join the British fumy, and
also regard to the payment of what was considered a fair in-
demnity to them for the loss or disappointment which they
stated they bad undergone in consequence of having been sud-
denly prevented from carrying out their intention of joining
the British Foreign Legion at Halifax, by an order given by
Sir Gaspard le Marchant in August last that no more persons
were to be received into the Legion from the United States.
" I do not hesitate to avow that I saw no objection to the
payment of such an indemnity, and it would, indeed, seem
hard that the very measures which wore rendered necessary
by a faithful and prompt fulfilment of the engagement of her
Majesty's Government to that of the United States, should
now be brought forward as a matter of fresh accusation
against the agents of her Majesty's Government.
"Any person examining these affidavits with candour, dis-
figured as they are with deliberate falsehoods, as well as blun-
ders and mistakes of all sorts, and influenced by malicious
motives, as I shall presently show, may, nevertheless, easily
perceive that there is nothing in them inconsistent with the
above statement.

" The object of the persons making these depositions is
but too apparent, as well as the spirit which has dictated
them. They are, at the best, but little worthy of credit, and
certainly could not be justly entertained as evidence against
the persons whose proceedings and conversations they pro-
fess to relate, until those persons shall have an opportunity;
which has not yet been afforded to them, of speaking for
themselves.

They arc evidently clumsy attempts to implicate her Ma-
jesty's Consuls and myself in a violation of the law, made by
persons who had no knowledge of its provisions. I have in
my possession, and can produce, threatening letters from al-
most all the deponents, endeavouring to extort money from
me on condition of their suppressing their evidence.
" With regard to those parts in which I am represented to
have personally played a part, I can only say that a more
impudent tissue of falsehoods was never put together. I
never saw or conversed with any of those men, with the ex-
ception of Sierawski; and when I saw him, I did not even
know his name. He has, however, the effrontery to recount
the invented circumstances of an interview he had with me.
This Sierawski, it is true, accompanied by another Pole, did
force himself into my office; but fortunately for me, on this
occasion, I am not, as in.the case of Hertz, left to the un-
supported account of what took place ; for Mr. Lumley was
in the room during the short time the interview lasted. He
also says that he saw letters from me to Colonel Smolenski,
written, ono from Washington in May, and the other from
Boston and Halifax. Now, I did not know of the existence
of such a man as Col. Smolenski in May, and I never wrote
him, either then, or subsequently, any letter whatever ; nei-
ther did I see him at Boston. Sierawski's statements on these
subjects are deliberate falsehoods.
" The statements made by Kazinski, as far as I am con-
cerned, are equally destitute of foundation. His statement

toy,
13* *11411)01,
11=40(I°T
tie-401

that only such persons of those who )ut to.join the
Foreign Legion who were in posses: irtant letters
from me received considerable sums t None of
the persons in question ever received mn me.- The
whole tenour of these affidavits is of , nature.
" With regard to evidence of . this pot#, • I have already
expressed my opinion,- in my despaici_of the 3d of March.
Speaking of affidavits produced in many-instances by the
very same incliiiduals against the United States' District At-
torney and the Russian Charg6 d'Affohrej,iit Washington, I
used these words :
I am perfectly aware that the aceitritly of Such evidence
as these affidavits afford might be objected to as loose in itself,
and proceeding from unknown Polish, Hungarian, and Ger-
man refugees ; and I have no hesitation in saying that if Mr.
District Attorney Mr. Keon, on the One hand, and M. de
Stoekl on the other, were to give me their brave words that
the facts therein stated were unfounded, I should at once be-
lieve them.'
" Mr Marcy, hovkver, seems to think that, however
loose and unsatisfactory such evidence. is -when produced
against the officers of the 'U .
nited States, it becomes
impeached and unimpeachable' evidenesi when 'produced
against those of Great Britain.
" This brings me, to •the evidence of Hertz and Strobel,
which Mr. Marcy still considers to be satisfactory, in spite of
our positive denial of their statemehts,nadnOtwithstandinir
the badness of their character: • - ' •
" With regard to Hertz I have only taidd that he ha 4
been three times arrested ht. Philadelphiattoting the course
of last month, on fresh criminal charges—viz., of obtaining
money under-false pretences, of robbery, and of forgery.
"Mr. Mathew will furnish your Lordship-,with doesmen.;
Lary evidence .of these facts. 1.
" With respect to Strobel—as Mr. Marcy seems to attach
importance to what he terms my endorieniiitir of that indi;
vidual, I may perhaps be permitted to refer-44n to an autho-
rity upon which he will probably ire reliance than
upon my opinion —I mean theta '`!* •mont, of the.
United States' army, the distinguieVed tra • Mar who explored
the Rocky Mountains, It was upon ascertaining that Strobel
had stated truly that he had accompanied Colonel Fromont
in the capacity of civil engineerand draughtsman upon a very
celebrated expedition undertaken by that officer, that I con-
sidered that that circumstance in itself was some sort of gua-'
rantee as to Strohel's respectability; and, in the absence of
Colonel Fremont, I could procure no other. It was not until
my return to Washington that I learnt from authority which
I cannot doubt that. Strobel had committed an actßYswind-
ling againgt Colonel Fremont.
" Upon what principle Mr. Marcy contends that I have no
right to discredit the testimony of a person who has proved
himself unworthy of credit by acts of treachery, baseness,
and- perjury, avowed by himself to be shameful, and only
resorted to for lucre, beCause I once believed in his integrity,
I am unable to conceive.
" With respect to the correctness of my impression of the
conversation which I held with Mr. Marcy on the 22d of
March, I have to refer your lordship to my account of it
written to your Lordship in a letter dated the 213th of that
month. I speak of it as follows :
_

" I took good care to explain to Mr. Marcy, with perfect
frankness, our position and intentions as regards this mat-
ter. I said, besides reading to him my letter to Mr. Bar-
clay, that we were eertainly.anxiouts to obtain efficient re-
cruits, from whatever quarter they should come, and that
depots for enlistment tad been established in ie colonies,
where those who should voluntarily present themselves would

be received and .enrolled ; but to inquiries which had been
addressed to me by persons in this country I had invariably
replied by referring them to the provisions of the Act of Con-
gress of 1818, and st sing tl.at neither I nor any of the agents
of her Majesty's Governmenteould either enlist' them in the
United States, or ' hire and retain' them to go to any part of
the British dominions, with the intent of their enlisting ; that,
consequently, all I could do was to give to such persons the
information of which I was in pAsession, as to terms, and
the time and place At which they might, if so disposed, be re-
ceived into the British service, being aware of no law which
prevented citizens of the U uited States or others from emigra-
tion from this country, for whatever purpose they might
think proper. If, however, individuals, either from the
hope of making money or from ignorance, should, notwith-
standing what I had said to them, or without any communi-
cation with me, proceed in a way which might bring them
within the provisions of the act, I could only regret their
having done so without the power of preventing it, and would
make no objection to the rigorous enforcement of the law in
their case. Mr. Marcy concurred in the correctness of my
positions, and said that be had never doubted that this
was the view I would take of the qu stion, adding that
the United States' Government felt ob:iged to act with per-
fect impartiality, and to cause the laws to be enforced in this
as in the case of a like attempt, from whatever quarter pro-
ceeding.'
" I could have had no conceivable object at that time in
misrepresenting this matter, neither apprehending nor fore-
' seeing that it would ever form the subject of any future
difference or controversy. It would not only have served no
purpose, but it would have defeated my own intentions
and those of her Majesty's Government to have misled Mr.
Marcy on the subject. It is therefore reasonable to suppose
that I could not have designed to do so. I have also to
refer to Mr. Lumley's despatch, giving an account of his
conversation with Mr. Marcy oa the same subject. It is
entirely confirmatory of my own. I would further observe
that Mr. Marcy's own recollection of his conversation with
me, as well as that which be held with Mr. Lumley, seems
to be by no means clear, even on his owu showing
His account of it in his despatch to Mr., Buchanan of the 9th
of July, 1855, differs considerably frori that given in his de-
spatch of the 28th of December. .%

at fault in regard
7th,of 18;ifb

- "Mr. Marcy's recollection is still mo.
'to his interview with Mr. Lumley oa-,t
stouiruuniaation by that
.1.--mr
despatch attic 12th of April (see' Nnuday's jet hof
May 7). Mr. Marcy, in his despa.,' ,of July M. 3, to
Mr. Buchanan, states that your Lorr, despatoh of April
12 was presented to him by me at- ti_l Department .ofitate,
although Mr. Marcy afterwards states Ciu his despatelVotthe
28th) that this very despatch was received at 'the Depart-
ment of State during my absence in the provinces, the fact
being that the despatch in question was delivered to Mr.
Marcy by Mr. Lumley, at Mr. Marcy's private residence, on
which occasion Mr. Marcy expressed himself to Mr. Lumley
in nearly the same terms in which he had used to mo on the
22d of March in respect to the recruitment. But this con-
versation seems to have escaped Mr. 3farcy's altogether, for
he never alludes to it.

"Mr. Marcy has alleged it against me as not one of the
least causes of complaint that the idea of obtaining recruits
from the United States was by me first suggested, and urged
upon her Majesty's Government, and that I misinformed them
as to the prospects and possibility of obtaining men in the
United States. It will be unnecessary f,r me to dwell on
this subject to your lordship, who is in possession of all my
communications ou this subject ; but I mus, observe that it
is something more than a gratuitous assumption on the part
of Mr. Marcy to say that this appears from the correspondence
laid before Parliament. I would beg to quote a passage from
say letter to your lordship of Nov. 27 on this subject, printed
with the correspondence laid before Parliament :
" In compliance with your desire I proceed to make a
statement of all that to my knowledge has been done here in
regard to obtaining recruits from the United States ; or, I
should rather say, in regard to giving those who voluntarily
offered their services the information and-assistance which
was necessrry to enable them to join the British army with-
out the laws of the United States being thereby infringed.
" Iu November last you mentioned to me that Mr. 'on-
sill
.Mathew had reported that a good many persons, British
subjects, had expressed to him their wish to enlist in our
army and navy, and to go to the East; and, as the want of
men was then much felt, particularly for the army, you di-
rected me to give my immediate and best attention to the
matter, and make such inquiry as I could as to whether any
such desire existed.

," This inquiry I immediately instituted by addressing to
our Consuls in the principal cities of the United States a con-
fidential circular, by which they were instructed to ascertain
and report to me, whether the desire to join her Majesty's
service really existed, and to what extent.
I inculcated uilon her Majesty's. Consuls the utmost
caution in conducting this inquiry, stating to them distinctly,
that enlistment and enrolment of citizens of the United
States, or of residents therein, for the service of a foreign
Power with which the United States is at peace, would be
clearly in contravention with the provisions of the United
States' neutrality laws ; and adding that any measures which
might have even the appearance of an infraction of those laws
by the agents of her Majesty's Ghvernment would be highly
obj ectionable.'
," The answers which were returned by her Majesty's
Consuls to my circular letter seemed strongly to confirm the
fact that the desire to enlist in the British service did exist to
a very considerable extent, and more particularly at New
York, Philadelphia, and New Orleans.
During the same period numerous offers and proposals
to enlist in the British service were received by me, both
written and verbal, and I had therefore every reason for be-
lieving that there actually were great numbers of persons in
the United States who, from various motives, desired to join
the British army.

" I may here remark that all the persons I allude to vo-
luntarily came forward, and offered to do so without solicita-
tion on my part, or on that of any of her Majesty's agents,
and that in no single instance, either at that time or since,
did I invite any perion whatever to enter the British service.
I can safely say that I never made a single application or
even broached the subject to anybody; in every case the ap-
plications were made to me.

" It was but fair to conclude, therefore, that were
authentic information given of the willingness of her Ma.
jesty's Government to avail themselves of the services of
such persons, and in regard to the terms which, under the
Foreign Enlistment Act, her Majesty's Government were
authorised to offer to persons so enlisting, a great addition
to the Foreign Legion might be effected without any infrac-
tion whatever of the laws of the United States

" The obstacle to our immediately availing ourselves of
these offers was that I was not then acquainted with the
terms on which recruits would be received, and with the na;
tura of any arrangements which might have been made in
England or in the colonies for their enrolment.
" My answers, both verbal and written, to persons
making inquiries of me in regard to those points were there-
fore necessarily of a general nature, stating, without de-
clining the offers made, that I was at that time unable to in-
form the applicants of the measures which her Majesty's.
Government intended to take upon that subject.

" ' Among the persons who were continually addressing me
letters, seeking interviews with me, and complaining that
they and their friends and countrymen were kept in a state
cf suspense as well as in distress, were Messrs Hertz and
Strobel, who have since been made use of by the American
Government to substantiate against me and her Majesty's
Consular agents a charge of having violated the neutrality
laws of the United States, by hiring and retaining them, and
others through their agency to eater the British service.
" ' I took no further steps in the matter until the 3d of
March, when I received your despatch of the 16th of Feb.
" By this I was informed that an instruction had been
addressed by the Colonial Secretary to Sir Gaspard le Mar-
chant, with respect to foreigners and British subjects who
desire to enlist in the British army, and I was instructed to
pit myself, without loss of time, into communication with
Sir Gaspard le Marchant on the subject.
" The despatch enclosed the copy of the instruction to Sir
Gaspard, to the effect that he was to ascertain and report to
her Majesty's Government whether Halifax would be conve-
niently made a rendezvous for persons in the United States
who desired to enlist, and he was directed, on his part, to
place himself in immediate communication with this Lega-
tion, with a view of ascertaining the means which might be
employed for bringing the volunteers from the United State:-
to Halifax, and in regard to other points which were Imes-
,
sary to be taken into consideration.'
" I trust that I have; by pry above observations, cleared

myself from the imputation of want of frankness towar,ls MI
Mareyin my conversation with him of March 22, 1855. Tlu
he misunderstood me I of course cannot doubt, as he pos
tiveiy states it to be so,
" I have already expressed, and now repeat, my deep r(
gret at this circumstance; but I am still at a loss to -andel
stand why Mr. Marcy, if he wished to put an end to the pt.(
ceedings for obtaining recruits from ' the United States, di
not once, in the course of repeated conversations on othe
Fuhjecti with me, from early in June' until September, eve
allude to•th matter, although it appears from hie despatche
to-Mr. Buchanan during that peri d, that he was under th
impression that the recruitment was going on with continu
ally increasing success. It was only by his note of Septembe
5 that I was informed of his view of the matter; and it wa
only by the proceedings-at Philadelphia in the trial of Hertz
and by Mr. Cushing's instructions to the district attorne;
there that I was made aware of the course which the' Unitei
States' Government proposed to pursue in regard to it.
"Mr. Marcy states, however, that I ought to have know
that such views were entertained by the Government of th
United States from the proceedings instituted in the court
of justice at New York and elsewhere againskrecruitment fo:
Ale .Crimea.. My answer is that those prosecutions were fa
violations of the muniiipnelaw, which I. hod neither.antho
rased, erecouraged, nor designed to authorise, and it woulc
spool -grange that the representati,s oforforeign Governmeni
, allowed to collect from the newspaper reports 01
proceedings in district courts the views of Government at the
• seat of which he -resided, and with whose Mioisters he was in
constant communication.
, • "-Who, limn, Mr. Marcy asks, were responsible for the
illegal acts proved to have been committed ? It may be re-
plied, those only who were convicted of .thern - viz., Hertz
and Wagner,- both trf whom acted without any authority from
any British agent?, and, in the case of Hertz, against my ex.
prowl desire, as is prayed by Hertz's own letter to her Ma-
jesty's Secretary of LegatiOn at Washington, and by Mr.
Bucknall's ailldavit, which Musided. to the documents laid
before Paastinent. -
" I cannot conclude this despatch without calling your
Lordship's attention to the papers in relation to Nicaragua
recently laid before Congress.. These papers show in a re-
markable manner how much the policy of the United States,
and the interpretation of the American law by the United
States' Government• may vary with circumstances. Your
lordship will perceive from this correspondence that at the
very time when the United States' Government Were taking
the most extreme measures against her Majesty's Consuls and
myselffor an alleged violation of the law of nations and the
sovereignty of the United Statee, for having given informa-
tion and assistance to persons desirous of leaving the United
States to be enlisted in the British army, Mr. Marcy was con-
tending with M. Molina, the Minister of 'Costa Rica, 'that
the liberty to go where hopes of better fortune may entice
them belong- to freemen, and no free Government withholds
it ;' and ' that the laws of the United States do not even con-
fer authority to examine into the motives which may lead any
one to exercise the right of expatriation.'
"The enclose' extracts, placed in opposite columns, will
show some of these contradictory opinions :

" MR. MARCY to M. IRRLSARI, "MR. MARCY TO MR. MOLINA,
DEC. 6, 1855. APRIL 25, 1856.
""Ihe un 1 ersigned has " Tee right of expatria-
the honour to .icquaint Di, tion is not, I believe, w:th-
Iriisari that it is apprehended held from the citizeus of any
he is mistaken in supposing free Government, or from
that the individuals who re- residents under its jurisdic-
cently left California for the tion.
purpose of entering into mill- . . .
tart' service in Nicaragua de- " The laws of neither
parted with the knowledge of country (Costa Rica and the
the authorities of 'California United States), it is pre-
as to their hostile purposes, or slimed, have conferred the
with the connivance of those authority to examine into the
authorities. On the con- motives which may lead any
trary, the undersigned is as- one to exercise the right of
sured that when there was expatriation.
reason to believe that such " The liberty to go where
purposes wore entertained by hopes of better fortune may
parties embarkieg in the entice them belongs to free
steamers at San Francisco for men, and no free Government
San Juan del Sur, every exer- withholds it. It is, there-
tion was made, and in many fore, no cause of complaint
instances with suceess, to against a neutral county
prevent their departure.' that persons in the exercise
of this right have left it, and
have been afterwards found
in the ranks of the army of a
belligerent State.'
"MR. MARCY TO MR. WHEELER, " PRESIDENT'S MESSAGE, MAY
Nov. 8, 1855. 15, 1856.
" It appears that a band " In these circumstances
of foreign adventurers has of the political debility of
invaded that unhappy coun- the Republic of Nicaragua,
try (Nicaragua), and, after and when its inhabitants
gaining recruits from among were exhausted by long-con-
the residents, has, by vio- tinned civil war between
lance, overturned the pre. parties, neither of them
viously existing Government, strong enough to overcome
and now pretends to be in the other, or permanently
possession of sovereign autho- maintain internal tr
inquil-
rity. lity, one of the contending
. . . . factions of the Republic in-
" It appears to be no vited the, assistance and co-
more than a violent usurpa- operation of a small body of
tion of power brought about citizens from the State of
by an irregular, self-organised California, whose presence,
military force. as it appears, put an end at
. . . . once to civil war, and re-
" It has more the appear- stored apparent order
ance of a successful naauraud- throughout the territory of
ing expedition than change of Nicaragua.'

INattla re hark, finally, thatt *sem wall great regret
that Mr. Marcy characterises the tenour of my despatches .to
your lordship as exceptionable, though he omits to say in
what retarect they are so. I had thought, my lord, that after
having listened for nine months, without reply, to statements
containing the grossest misrepresentat ons of my conduct, as
well as attacks upon my character, when at last a fair oppor-
tunity was afforded to me of defending myself, I might have
done so with freedom without giving offence.
" Your lordship has, however, considered those despatches
as not unworthy of being submitted to her Majesty and laid
before Parliament and the public ; and I have only to say
that I am quite content to abide by the opinion which may
be formed of them by auy candid and reasonable parson who
may peruse thena.—l have, dm, "J. F. CRAM TO Y.
P.S. Since the above was written Colonel Smolenski
has called upon me and offered voluntarily to make upon
oath the following statements in regard to the falsehood of
certain facts alleged in the affidavits of Celagi and Sierawski,
as far as he (Colonel Smolenski) is therein concerned :
" With regard to the statement of Louis Celagi and others,
contained in the affidavit (page 16), that the said Celagi
knows the handwriting of the British Minister, from having
seen the whole of Colonel Smoleuski's correspondence, Colonel
Smolenski declares that this statement is false, inasmuch as
Colonel Smolenski never has received a single line written by
Mr. Crampton, nor had any of that Minister's handwriting in
his possession.
" With regard to Celagi's statement, in the same affidavit,
that Mr. Crampton's name appeared as a party to an agree-
ment between Colonel Smolenski and Colonel Ansel', de-
scribed in such affidavit, Colonel Smolenski declares that this
statement is also false. He (Colonel Smolenski) recollects
that Mr. Crampton distinctly stated to him that he could not
sign any such agreement, as, by doing so, he would be violat-
ing the law of the United States.
" With regard to a further statement also• contained in
said affidavit, that Mr. Crampton wrote a letter to Lieuten-
ant Preston and Ensign Davis, the substance of which was
that any persons recommended by said Smolenski were to be
received by them and treated as officers, Colonel Smolenski
has no knowledge of such letter ; and he declares that Celagi's
statement, that ho saw this letter in Colonel Smolenski's cor-
respondence and made a copy of it, is and must be false, in-
asmuch as no such letter was ever in Colonel Smolenski's pos-
session.

" With respect to a letter printed as an appendix to said
affidavit, and signed Joseph Srnolonski,' he (Colonel &mien-
ski) declares that this letter is a forged document, and was
never written by him, neither did he ever sign any such do-
cument.

" With regard to the affidavit (page 19) of C. L. Sieiawski,
Colonel Smolenski states that the statements in said affidavit,
so far as they relate to Colonel Smolenski, are generally un-
true ; that he (Colonel Smolenski) never at any time received
a letter from Mr. Crampton, and consequently could not have
shown three letters written to himself, and signed by that
gentleman, to Mr. Sierawski.
" Colonel Smolenski knows that Mr. Sierawski never was,
as he states himself to have been, a captain in the military
service of Belgium.

" Your lordship will perceive that these declarations by
Col. Smolenski contradict the main statements by which it
is sought to implicate me in the recruitment, and you will be
able to judge of the degree of credit which may be attached
to the other statements by persons who have sworn to such
deliberate falsehoods. " J. F. C."
Lord Clarendon made the following reply to Mr. Dallas
on receipt of the announcement that the Government of
the United States hal determined to dismiss Mr. Cramp-
ton :