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

RETIRING BISHOPS.

Mr. GREGSON asked the Yrs,. Lord of the Trea'
sure whether it was in the contemplation of Governmerit
to propose any plan for the retirement of bishops On
pension* -irnthir to the arrauweinents for colonia,
bish"P% Lord Chancellor, and Ministers of Sta'e?
Lori P: LMERSTON said it was not his intentbm
to propose sucii a measure, but the Bishops of Lowlor,
and D had, turcmgh ill health, placed thei,
resigivition in his lands. With regard t.► those two
partictvar bishoprics he did intend to Lring in a bill for
that purpose.__

PURCHASE IN THE ARMY.

Major REED aaktd the Undnr•ttcre.ary fs,r War is

through- both houses of Parliament, net because it was
considered in or out of the house an irrieiceptionableil
-amur,, 'but -because- the Legislature, having_;en-
trusted to the Government the responsibility-of the war,
they could not refuse any measure which the Govern-
ment considered necessary for protecting the interests
of the country. But the bill did not pass through either
house without explanations being asked for and given.
The DulOe of Newcastle, being asked in what country
they meant to enlist, said no answer could be given on
that subject till the G-overnments of other countries had
been consulted. He believed that the Duke of New-
castle had no idea of introducing the system of enlist-
ment into any country without the consent of the Go-
vernment of that country. 'The next question was, how
to put the bill into'operatioo consistently with the neu-
trality laws. A letter was written to Sir Gaipard 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. Crampton 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 the
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 us 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 Love of
the United States in this matter, of which I have the
honour to enclose a copy, to be drawn np by an eminent
American lawyer, in the soundness 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 beiieved 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 theUuited States, for foreign service, ispunisbable;
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 against which it' was directed. Ac-
cordingly 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 nr retainol actually go abroad and-be en-
listed or not. The proof thereof would .ordinarily be found
at hand, i! found at all, and might be drawn from the
other party to the contract, who could interpose no objec-
tion on the score of eriminatin,pe himself, since, as to him,
there is no offence except by eulirmeat within the United
States, which the supposed case excludes. The danger of
volunteer witnesses among such people would also be very
great.

Trio opinion of this American lawyer concluded with the
following gmerouS and sagacious summary of the
whole matitr :

When we consider the necessity of something like an in-
spection, the unavoi table coincidence of numbers of emi-
grants, the malice of rejected applicants, the inducements
to treachery, the natural vigilatice of a certain portion of
the community in such a matter, and through them the
action of the press and of the police, I think the least to
be appreheuded is a prosecution, wh .tever its result ' • arid
iu that event the counecti of any official parson, how-
ever indirect or Natty traced, would more than counter-
balance the advantages proposed.
Was it not itionsi roes for the Government after that to
upbraid the anttionties of the United States for taking
the very ciurse which the Government was warned by
their own la ‘yer it vv,.uid be their duty to take under
the circumstances ? Ciuld anything be more extraordi-
vary than f r them to raise an el borate quarrel with
the United mates in respect to an interpretation of the,
law which was wit only 'contrary to the opinion of the
United Stites authorities, but absolutely in direct oppo-
baion to their own lawyer's advice? It appeared to
him that such an opinion ought at (men to have
been decisive, no:, only as regards the proceedings e..uh-
s«qtleutly taken by Mr. Crampton, but decisive also a,
regards the issue afterwards raised by Lord Clarendon.
At ad events, it ought to have suggested the consi:iera-
Lion, nay the duty, of further inquiry ; but what was the
resoarien which this advice produced in the mini of
Mr. Crampton, and which he communica:ed to the
authorities at Canada and the Foreign Secretary at
home ? The resolution A2/11 thus conveyed to Sir Gas
pard Le Marchant

Washington, March 11, 1855.

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 in regard to such measures as
may 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. M-
ajesty's service - for this would be obviously impracticable
in view of the existing laws of this country—l feel fully
authorised to use such means as may be within my power,
and are legal, to meet the views of her .:dajosty'a Govern-
ment. The just anxiety which is felt by liar Majesty's Go-
vernment to avoid the possibility of any cause of complaint
on the psrt of the Gr'overnmeut of the ;United States has
induced- me to give this part of the subject my best con-
sideration ; anti with a view of avoiding the possibility, ~t
any misconception or mistake, I have caused the legal ',pi-
nion, of which I have the honour _to enclose a copy, to be
drawn up by an able Ainericatlawyer, 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 for his information and guidance, and I have directed
him to coil due his operations, in the first instance, to mak-
lug inquiries as to the desire which may exist among the
iun:abi :sots of the eastern cities of the United States to ante'
her Atsjesty's service, to inform such persons of the dispo.
sitiou of lux Majesty's Government, to accept such propei
qualified candidates as arty offer themselves, to make
then acquainted with the terms upon which the enlist-
ments will be made, and with the plsces within the British
dominions 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
constitute au infraction of the Neutrality Law.

Tt is appeared to be a dogged determination on the part
of Mr. Crampton to take his own coarse ; and yet Lord
Clarendon, with the former legal opinion, wrote au en-
tire approval of the proceeditige which Mr. Crampton
had taken in the following terms:---

Foreign-cffice, April 12, 1855.
Sir,—l entirely approve of your proceedings as reported
in your despatch of the 12th ult., with respect to the pro-
posed enlistment in the Queen's service of foreigners and
British subjects in the United States. The instructions
which I addressed to you upon this subject, and those
which were sent to the Governor of Nova Scotia, were
founded upon the reports from various quarters that
reached her Majesty's Government, of the desire felt by
many BrLisli subjects as well as Germans in the United
States, to eater the Queen's service, for the purpose of
ttking plot in the war in the East; 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 iuclosed • in your despatch, and her
Majesty's Government would on no account run any risk
of iufiiugiug this law of use United States.—l am, &c.,
CLARENDON: '
It was clear that •this approval covered the whole •pro-
ceedings ausequently taken by Mr. Cratnptou ; it
amounted to a r 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 iu Canada to comrnunicato
to all whom it might concern iu the-United States the
terms on which her Majesty was prepared to receive re-
tamits ; n was. an approval of Mr. Cratupton's interpre-
tation of the law, that au advance of money would ne-
cessarily constitute an offence. But mark what fol-
lowed. At the very moment in which Lrrd Clarendon
was answerng Mr. Crampton's despatch, the noble lord
was in receipt of another despatch from Mr. Crampton,
in which be raid—

Washington, March 26, 1855.
I have the honour to inclose au extract from a letter
which I have received from Mr. Consul Barclay at New
York, informing the that the person whose name is at the
foot of the printed handbill therein inclosed had stated to
him that the handbill had been issued by authority, that is,
I presume, by the authority of her Majesty's Government.
As the person who signed the handbilt, Angus llrDonald,,
is totally unkuown to me, and is certainly not acting under
the authoi ity ur under the suggestion of this legation, or.
as far as I ton 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 cou-
stitute on infraction of the neutrality laws of the United
States, I la we lest no time in instructing Mr. Barclay
to tfisa,vow alr. M`Danald's proceeding, and to read to
Mat the letter of which I have the honour to enclose a copy.
Perceiving that the subject of a supposed enlistment at,
New York of troops for the British army has been coun-
mettie•t upon in the newspapers, I thought it right to state
to Mr. Marcy the true state of the case and the steps I had
taken in the matter. I accordingly read to hint My above-
mentioned letter to Mr. Barclay. Mr. Marcy observed that
he had never doubted that no sort of countenance would
be given by bet alatasty'a Government to persons who
should use their name in any attempt to violate the neu-
trality laws. He added, however, that the proceeding in
question had been brought under his notice, and that
orders had already been given to the district attorney of
the United states to institute legal proceedings against
Angus 111.'bonald or any other pet sons whoshoula be found
to have reoffered themselves liable to penaltiea of the act
of Congress regarding the enlistment of citizens or resi-
dents iu the United States for the service of a foreign
power.
The bandbid referred to was as follows:
" Highly important to the Uuemployed!—The British
Government having concluded to form a foreign legion in
Nova Scotia, and to raise several regiments for duty in
the plovinces, offer a bounty of 61., or $0 dollars, together
with the pay of 8 dollars a month, rations, good clothing,
and warm quarters, to every effective man fit for military
duty, from t 9 to 0 years of age; to join which are in-
vited English, Irish, Scotch, and Germans. The subscriber
(with the view of assisting those who have not the means
of paying their passage) hereby gives notice that he has
opened a passageitfiee, No. :i6, Pearl-street (near Broad),
where he proposes to engage passages by good vessels to
Halifax, leaving-twice or three hues a week, for the sum
of five dollars; or, procur‘ through-tickets by railroad,
leaving every morning (6undays excepted), and arriving at
St. John's, near Montreal, that evening, which passage
money must paid him or his agent, by the parties, to-
gether with the small sava of Si- cents additional for com-
missions, on arriving at their destination in the province.
It is Loped that those effective men who are now suffering
and in distress, will avail themselves of this rare opportu-
nity of bettering their condition before it is too late.—
ANGUS biI`DONALD.”
Well, to Vile eandbill Mr, Crampton wrote an inge-
nious disavowal, in which he said it had not beewitien d

LONDON, TUESDAY EVENING, JUL! 1, 1856.