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

t) f POP' , "r 7 •
THE SUN; LONDON, TUESDAY EVENING;--JULY 1,185 F

closures implicate you in these proceedings, The inform,.
tion in his possession does not allow him to doubt that your-
eel, as well as the Lieutenant-General of Nova Scotia,'and
severe' civil and military officers of the British Government,
were instrameutal in setting on foot this s.dienie of en'ista
merit, and made Aber.' provision for funds to be used as in-
ducements far persons residing therein to leave the country
for the purpos., otenlisting in the British military service'.
And, in rele7ence to the demand which had been made,
he aays :
The object of this note is to ascertain how far the acts 'of
known and acknowledged agents of the British Government,
done within the United States, in carrying out this scheme
ta:recrniting for the British array, have been authorised or
sanctioned by her Majesty's Government.
That was a clear and categorical demand which deserved an
unequivocal answer, and it was much to be regretted that.
Lord Clarendon, so far from displaying the courtesy due
to the United states Government, should have written
the letter of the 29th of September, in which he makes
Most offensive remarks on that Government, and reflects
on them by insinuating that they themselves had been
guilty of a breach of the international law. He says : .
Her Majesty's Government feel confident that even the
extraordinary measures which have been adopted in various
parts of the Union to obtain evidence against her Majesty's
servants or their agents by practices sometimes resorted to
under despotic in- titutions, but which are disdained by all
free and enlightened governments, will fail to establish any
well founded,charge against her Majesty's servants. The
British Government is fully aware of the obligations of inter-,
national duties, and is no less mindful of those obligations
than is the government of the United States. The observance
e those obligations ought undoubtedly to be reciprocal, and
her Majesty's Government do not impute to the Government
of the United States that while claiming an observance of
those obligations by Great Britain they are lax in enforcing a
respect for those obligations within the Union.
This passage was not less offensive, because it conveyed an
insinuation instead of a direct charge, and it was much to
be regretted that Lord Clarendon should have so far for-
gotten himself as to write a letterof that description in an-
swer to the just demand of the American Government ;
and it was that letter which produced' all the irritation
and ill feeling which ultimately led to the course so deeply
to be regretted. In. answer to it Itt. Marcy wrote the'
despatch of the 13th of October. After repelling the ha-
putatim contained in Lord Clarendon's letter, he says :s-.
The President would fail in due respect for the national
-charcter of the United States, and in his duty to. maintain it,
if he did not decline to accept as a satisfaction for the wrongs
complained of, Lord Clarendon's assurance that these official
were enjoined a strict observance of our laws,. and that he.
'does not believe that any of them have disregarded the in-
junction.` This government believes, and'has abundant proof
to warrant its belief, that her Britannic Majesty's officers
and agents have transgressed our lawn and disregarded our
rights, and that its solemn duty, requires that it Should.vinslk
cate bah by insisting upon a proper satisfaction. The Pre-
sident indulges the hope that this demand for redress will be:
deemed reasonable' and be acceded to by her Britannic Ma-.
jesty's Government. This government has 'indicated the
satisfaction which it believes it has a rig-t to claim from the
British Government in my despatch to you of the 15th of July
last.
That despatch was not delivered to Lord Clarendon until
the 2.1 of November, and he bas since asserted that Mi.-
Buchanan withheld it because he considered that the de-
spatch of the 11th of July was a perfeetly satisfactory set-
tlement of the dispute. A controversy arose on this subject
in consequence of the statement made in that house by the
noble lord at the head of the Government. Much corre-
spondence took place, but it was immaterial to the main
question before them. The original demands of the Ame-
rican Government were much less than they afterwards
became. On the 15th of July Mr. Marcy wrote to Mr.
Buchanan :
The President instructs you to say to her Majesty's Govern-
ment that he expects it will take prompt and effective mea-
sures to arrest their proceedings, and to discharge from
service those persons now in it who were enlisted within the
United States,. or who left the United States under Contracts
made here to enter and serve as soldiers iu the British army.
Lord Clarendon says that before this letter was received
orders had been sent out to stop all recruiting; but in his
letter of the 16th November he justifies his whole pro-
ceedings, and contends that he had a right to do everything
he has done. He says :
It. appears to her Majesty's Government. that, provided
only that no actual " recruiting" (that is, enlisting or hiring)
takes place within the United 'States, British officers who,
within the United States' terrii.,ories, might point out the
routes which intending recruits 'should follow, or explain to
them the terms upon whichthey would be accepted, or pub-
lish and proclaim such terms, or even defray their travelling
expenses, or do Similar acts, could not be justly charged with
violating such sovereign territorial rights.
The despatch concludes in a mos':, extraordinary manner :
It only remains for me to state that no enlistment in the
British service is valid without attestation,. and that accord-
ing to British law a recruit cannot'bo attested in a foreign
country, nor even in the British colonies, without a specially
delegated authority far that. purpose. No binding contract
could, therefore, be made with any, man within the United
States ; promises might be so made, but any money given to
men to enable them to repair to places beyond the United
'States' territory for the . purpose of being •enlisted !would be
advanced at a risk. Nevertheless, if it can be shiewn that
there are persons now in the foreign legion'who have been en-
listed or hirod'in violation of the United States' law, as well
as of the Britikh law, her Majesty's Government will be pre-
pared to offer them their discharge, and to give them a' free
passage back to the United States, -if they choose to return
thither. - .
Lit the house observe Lord Clarendon's view of what this
country had a' right to do in the United States!--a right
which he deliberately maintained. ' Mr, Marcy might very
well say : " Although you hive put a stop to recruiting,
you have laid down a principle, which you reserve for
future occasions, which we must deal with." Lord Claren-
don says there can be no enlistment without attestation;
and na attestation can take place in a foreign country,
' but we are ready to discharge any persons you can show to
have been enlisted in violation of the United States law
bnt according to it, no person could be enlisted in the
Unified States even if he wished to be, and it was, there-
fore, perfectly illusory of him to make the offer in satisfac-
•tion of the demand of the American Government. It was'
' only just, - however, 'to Lord Clarendon, that nhis de-
spatch to Mr. Dallas he complained that he had been mis-
underritood. ' He says : • .
The reference 'made to British law • was merely iitended to
indicate that if persons had been enlisted under tide' cireuna-
stancea_eripposed, such .enlistment would have been at vari-
ance with British as well as with American law; but the un-
dersigned did 'pot mean that reapect.Would not lee paid, in
the discharge of men, to the, principles at the tiw of the
United States :dime; should that law app ear to !lave been
violated in a single case.
He (Sir F. Thesiger) put it to the house whetherl anythiug
could be more illusory than this course, when tOae United
States made a demand for satisfaction ; or couldi anything
be more natural than that, when• their demata for ex-
. trewely moderate satisfaction was 'refuse,, ,thly should.
rise iu their demands far above what we considiTed suffi-
cient in the letter of December, Wei.? ; The American Go-
vernment, in the course of 'proceedings. loured tieemselves
coinpelled,to demand the.withdrawal of ilr. Crainpton, as
stated in the Juno despatch.. -He (Sir F. Thesieer) put it'
to the house whether the course adopted .by Lord Clarendon,
first in writing au offensive letter. in answer tolthe ques-
tion whether the acts of the agents were sanctioned by
,the Government, followed by a bold assertion of a right
which could not, be allowed by the American Gciv.ernineut
without compromising their independence, anal, his re-
fusal of the moderate satisfaction demanded I had nut
driven the American Government into a position where
it was necessary to take some : step to vinditiate their
sovereign rights? Lord Clarendon, howeier, hid still, an
opportunity of. preventing the last indignity pe t on this
country. .He might have admitted. that his. le fusal way
not justified, and have withdrawn tine miniet ,r and re-
moved the consuls, at the same time, if ho boll ved them
to have been faithful servants, giving them' e laymen t
elsewhere.. Uitfortunatelyhe adopted .a differe it course.
In his despatch of the 30th he says : . . .
That Mr.: Cmmpton positively and distinctly (levies the
charge brlinglit against him ; he declares that he n, veraiired,
or retained, or engaged a single person wi hiu • e United:
States 'for the service of her Majesty, and that he ver cone-
teuariced or encouraged any violation of the law of t e United
States. . He cannot but express the earnest h Pe of her
Majesty's Government that these explanations and ssurances
' may prove satisfactory to the Government of e United
States, and remove any misapprehen ion which
may have hitherto existed.
The house Weald observe that Lord Clarendon distinctly
raw gnind and sanctioned every act of Mr. Craupton, and
dad i.r..3d none of his acts were illegal ; and at tine time he
Wrote this despatch he was fully informed of tile particu-
lars of these acts, for he had all the correspindence of
February and March, 1855, between Mr. Crauepton and
his agents before him: In the Month of May die
,was re-
ported to hate said, "That her Ms jestre Government had-
hesitated in dealing 'with an agent who 'could nave so far
forgotten hia duty and violated hie instructions as to have
violated the law pf the 'United' States, but to brow over
and censure their agents when' they were Con tinced they
had done nothing of the kind would be shable and dia.'
slii
honourable." On'the 27th of May the Americau Govern-
Men& wrote :- .
The unequivocal disclaimer of her Majcsty's Gi)vernment
of ' any intention either to ithinge the law or diiregard the
policy, or not respect the sovereign rights of tie United
States," and their expressions of regret—' if, contrary to
their intentions, and to their reiterated directiono there has
been infringement of the laws of the United States' are satis-
.-tictory to the Preeident. The ground of. cotnlint, so far
as respeete,her Majesty's Government, is thus re coved But
the President extremely regrets the, he cannot condur in Lord
Clarenden'e favourable opinion of the conduct of some of hei•
Majesty's officers who were, as this Government believed,
and, after due consideration of. all which has been offered in
their defence, still believes, implicated in proceedings which
were so clearly an infringement of the laws and sovereign
rights of this country.

Lord Claroni on knew perfectly well that these Officers hid
acted with.tisie sanction of their Government from begin-
ning to end. Iu the month of May he considered it would
be shabby am l dishonourable to sacrifice them,:yet he al-
lowed the Aril erican GOvernment to remove them without

a renionstrauci 3. The manly, straightforward, and honour-
ablo course re r him to have adopted was to I have said,
"These ngentq have but faithfri/ly discharged their duty ;
they have mst.disobeyect instructions. Do not visit it upon
them ; for whatever has happened the Goiernment is re-
sponsible, nr visit it on them." But what did Lord Cla-
rendon say; He (Sir F.-Thesiger) would zeal his answer.
Fle says :

" Her Aiaj esty's Government retain the high opinion which
they have eV zr held of the zeal, ability, and integrity of Mr.
Crampton ; ;and of the earnest desire by which he-has' been
animated to:-avoid all just cause of offence to the Government
to which he' was accredited. Her Majesty's Government can,
not but belie ee that on many material points iu respect to his
conduct the ~President has been misled by erroneous informa-
tion, and by he testimony of witnesses undeserving of belief.
But in the re, lent case her Majoity!s Government are bound
to accept the fo rural and repeated declarations of the Presi-
dent of his bclie;k ' that these officers of her Majesty have vie-
laced the laws o the Union, and are
,ou that account unac-
ceptable organs f communication with the Government and
authorities of the United States; and her Majesty's Govern.
ment cannot •deny' to the Government of the United States a
right similar to t hat which, in a parallel case, they would
claim Air themsel 'eli—the right, namely, of forming their own !
judgment as to th ". bearing of the laws of the Union upon
transactions which have taken place within the Union."

.What was this bu tto sacrifice these gentlemen ? • Lord Cla-
rendon himself h. id fitly characterised, su,h conduct, and
that in terms whi ch he (Sir _V. Thesiger) would be loth to
use. He was not in the slightest degree apprehensive that
this diseussion w( rcilrl produce any irritation or keep alive
* mill-feelingin th. A. moriean Government. On the contrary
the people of the !eel States will learn that the Hguse
of• Commons do not n on cur in the principles put forward
by Lord Clarendon, am 1 the.effect of this discussion will be
to tranquillise the ,ail nds of the people; and so far from
being detrimental to 1,1 ce interests of this country cannot

out be productive of the best results. (sear.) Were 1 tier occasions. If I wished for a guide in the eystsna of
the [Mittel S-,W.IS right in the course weich they hart neutrality. I shosild take that laid nowt) byeAtnei ice in
pursesd oe no:,? This entirely depended ter the qu et on the daye of the Presidency of Wa.shitigtou and the Seere-
wheth.,r the English Government were jestititei ie the taryship of. Jefferson. Itt 1793, •thiting the' French war,
clendeetine anti secret scheme which they set on foot anti , complaints were wrote agaiu4 Atomic that vessels were
carried on for the purpose of evading the neutrality laws being fitted out iu her ports, in opposition to the laws of
of the United States, If the Government were not justi- neutrality. luunediately upon this representation, the
tied in that, then, of course, the dienisealeof their Minister ' American Governmeet held that such a fitting out was
was pettedly right on the part of the Aineric.all Gevern- contrary to the relations existing between that country
ment, and we must subtei .to the indignity which we had and Great Britain, and orders were issued prohibiting the
'received in consequence of the acts of our Government, for aredeg of any vessels. That is the principle upon which
no one could doubt that it was a huatiltatiou and a degra- we ought to act." He (Mr. B'tiliie) could only regret that
datiOn to. be obliged to submit to the insult cf the dismiss tutees principles were no longer maintained by his (M.r.
sal of eur, Minister, and to confess that the American Go- Canning s) successor in office and friend. That Mr. Can-
yernment were justified in what they had done. (Cheers.) ning might have gone further, and said that, upon the
Nothing could be more calculated to degrade thie.country demands of the President of the -United States,. the
in the eyes of foreign states. He was very much struck ' French Minister, who was engaged in those proceedings,
with a passage which he had found in a French newspaper was immediately recalled by the French Government.
which showed the opinion that was entertained of the con- Sir William Scott, a great lawyer and statesman, had
duct cf this country in France—an opinion which, ne said, "There can be no solecism more injurious in itself,
doubt, pervaded the whole cf the continent, and which or snore mischievous in its consequences, than that the
would unhappily attach to the British name and character. subjects of any State should have a right to act arnica-
The passage to which he referred was as follows :—" It is bly or hostilely to other countries." That was opposed
far from our intention to blame the prudence, the circum. to the principles laid down by the noble lord,
spection, and even the humility of the Government and who had stated in that house that the subjects of the
statesmen of England, which are commanded in the name United States had a right to leave their country and enter
of such great interests; but, nevertheless, we will permit into the service of foreign nations. " Ctvitas non carter
outselVes ,o remark that the spectacle clewed by the Bri- est "•were the words of the noble lord. The spirit, if not
tish Administration by no means corresponds with the idea the letter, of the Act of Congress was opposed to any vie-
we had formed of a great country. This moieration, this Wien of the neutrality laws, He would now emcee Ito
patience pushed to the limits of abnegation in the presence consider the charge made by the President of the United
of a cool and premeditated insult, this desertion of an agent States against th Government of this country. When
who was declared up the last moment worthy of respeusi- making his speech to Congress, the President said that the
.bility, this facility of viewing matters in their best light, enlistment was carried on upon a preconcerted plan—that
astonishes us; but, after all, the honour at stake is not oar rendezvous were opened oa the fizoatier and in the cities of
own, and it is not for us to take it under our protection. the Union, and that the entire •business was conducted by
(Opposition cheers.) Were they not forcibly reminded by . a corps of British officers—witne in the North American
these expressions of the language of the great Lord Chat-. colonies, and others in the United States. The facts were
ham, "But yesterdayend England might have stood against proved on the trial of Hertz ; but 13.40 re he (Mr. Baillie)
the world, now none so poor as to do her reverence ?" And entered upon the consideration of them he
would briefly
who had brought theln to this condition ? Why, her Ma- allude to the statement made by the noble lord at the head
jesty's Government. Could we then hesitate to vote for of the Government, in answer to a question put by the
the motion of the hon. -member for Mayo, declaring that hon. member for the West Riding, whose absence, and the
their conduct was not such as to entitle them to the tap- cause of it, he sincerely deplored. The noble lord on that
probation of that house? ,e, - occasion said it was true that some violation of the muni•
Mr J. PHILLIMORE hoped the result of the motion cipal law of the United States might have taken place, bet
would strengthen the hands of the Government. His hon. that as soon as it was brought under the notice of the Go-
and learned friend (Sir F. Thesiger) asked were they die- vernment the recruiting Was put an end to, and that a
posed to submit to the insult of the dismissal of their Am- suitable apology had been made, which was accepted by
bassador? but he (Mr. Phillineore) maintained most die- the American Minister, who stated that he had no doubt
tiuctly that any State had, according to the law of nations, it would be also acceptable to the Government whose re-
a right to demand the recall of an ambassador. When presentative he was. Now, the noble lord had misled the
Charles 11. came to this country after the Restoration, house by this statement, as; in reality, no apology had
although he was on the most frienelyterms with the French been rendered for.the principal complaint, which was that
Monarch, he inemediatelydemanded the recall of the French our Minister had violated the laws of the United States.
Ambassador, and he was recalled immediately. If their The noble lord, so far front making an apology, had anti-
ambassador had given offence to a foreign nation, and that mated that the British Minister had done nothing wrong,
foreign nation demanded his recall, were they to be driven and that the charge against him had been supported by
to the niternatiye of going to war or sending another am- perjured witnesses. It was true that on the 16th July the
bassador ?' It was most important for the house to bear in Earl of Clarendon had written to Mr. Marcy to say, that we
mind that the law of the United'Etates did not resemble bad vielated no law of the States, 'but that, if we hed, we
the English law. • The policy of the United States permitted were sorry for it; but Mr. Buchanan at' that time was not
any subject of the Stases to take service nude( .a foreign aware of the charges that had been brought against Mr.
Power; there were several people in the United States Crampton. Mr. Marcy said that when the recruiting
who joined in 'the war and took service in the British army was first commenced it was carried on openly that
from the best and highest motives ; there were also several houses were opened at Philadelphia and at al ew York
victims of Russia, and was there any harm in telling them to receive recruits—that advertisements were inserted
that,• if they chose to go to Halifax, they Might enlist in in the newspapers, headed with the royal arms, and
the British army? With regard to the conduct cf the that every possible means was taken to carry out the ob-
Earl of Clarendon, he (Mr. Phillimore) said that from the ject in view. This naturally excited the attention of. the
beginning to the end of the blue book there was but one American Minister who went to Mr. Crampton to aster-
direction given, and that was—" Take care not to offend tain whether he he'd received the sanction of his Govern-
the law of the United States," (Hear.) He (Mr. Phiili- went for his proceedings. Mr. Crampton replied that he
more) said, if the law had been trausgressed, a high.spirited had not, although it was proved at the trial of Hertz that
ant generous nation ought to be content with the despatch he had opened an office at Philadelphia for the enlistment
of the Earl of Clarendon to Mr. Buchanan, in which the of recruits, and th .t Mr. Champton hat written to him to
noele earl stated that to avoid any infringement of the law come over to him to Washington, as he wished to get some
of the United States, her Majesty's Government bad deter- information from him. At ter Hertz had been arrested,
mined that all proceedings with regard to enlistment tried, and convicted, tie made a confession, in which-he
should be put an end to. He said it would be more con-. declared that he had acted as the agent fur Mr. Howe,
sistent with the true dignity and honour of a vest nation with the full approval and sanction .of Mr. Crampton. He
to accept that apology as frankly as it was offered. Sup• argued that Mr. Crampton not only hid full knowledge of
posing no offence to the national honour of America were the acts of Hertz, bet knew that those acts were illegal,
i iitended, and the President hilly acquitted the English and therefore it was that instead of transmitting the money
Government of any such intention, was there anything in direct to Hertz, he sent it round through Mr. Hoive. He
the history of America to lead one to suppose that she quite admitted that Mr. Crampton never retained any one
would be so sensitive upon this subject? When he cola- in the United States for her Majesty's service; and more',
pared the conduct of America in reference to us with our he a twitted that every time ho saw Hertz he might have
conduct to other nations, he was forcibly reminded of a told him to take care and not violate the law. The other
passage in " Junius," in which, speaking of the Duke of person engaged in those operations was Strobel. It wens
Grafton, he said the centinet of that person reminded him published in all the newspapers how that person entered
of the conduct of a prude, who prosecuted one lover for a Halifax with music at the head of his troops. But vigra
rape, while she solicited the advances of another. runs application of. the•Unieed States law :quickly put an.
Mr. H. BAILLIE said the Attorney-General was per- end to teose ineaseres. The recruiting office was closed,.
fettle correct in saying that, in deference to the opinion of an Mr. Crampton set effeat the end of May. for Halifax.
The first friend he called on their was his friend Strobel.
many hon. gentlemen with whom he generally acted, he had
withdrawn So much might be learned from' the letter of Lieutenant
the motion on the American question, of which Preston. Strobel afterwards stated that then it was ,that
he had given notice. He (Mr. Baillie) had no reason to a now plan of operations was drawn up; with this,approvsl
of Mr. Crampton, who wrote out instructions for the car; complain of the course taken by the hon. member for Mayo;
tying of it. out. Now, whether those instructions pointed
he no doubt believed that the time had arrived when it
was impossible for Parliament, without failing in its duty, to a violation or an evasion of the law of the United States, they were equally a breach of that good faith
any longer to maintain silence on this question, and that which, as her Mejeaty's envoy, he was bound to observe.
they were bound. to give to it that consideration which its Now, so far from this course being the wayward impulse
vast importance imperatively demanded. It was slangs_
,of two or three Canadians, why, it was the very line which
Bible to deny that it was a question in Was deliberately pursued by her Majesty's Government which the honour towards the nations of Europe—towards Prussia, Swit-
and character. of the country were involved. Whatever zerland, and the Hanse Towns.," emonstrances were ad-
. might be their differences of opinion, either with respect dressed by those Powers to'tlie dovernment of this coma-
', to the origia of the war in which they had unfortunately try, but the First Minister bad_ refused to communicate
these to the house; 'end, therefore, they could only cot-
hadbeen engaged, or with regard to the manner in which it
jecture that they contained what was injurious to the clim-
been conducted, they were all equally prepared to racter of this country. • : Her Majesty's Government, with
maintain and vindicate the honour of their country. That the leave of the Emperor of the French, established a
honour had been coinpromised, not indeed by her Majesty's depot within two miles of the town of Basle, and offered
envoy in Washington, because the Ministers of the Crown every encouragement for the desertion of the Swiss sol-
thought fit to maintain and declare that he had been die-
diers. The consequence was, that in a single night the sol-
diers at the outposts in Baste would desert to the English
missed witlscaut reason and cause—that he had committed depot. Such conduct as that which was pursued by the
net offence, and violated no law. Well, if all those facts English agents wis declared to be felony by the Prussian
we..o true, then, indeed, an outrageous insult had been code. The British consul at Cologne was arrested for a
offered to the people of this country, which the Govern- violation of the Prussian law of enlistment, and in answer
meet lied failed in a proper manner to resent. (Hear, to the charge put in two pleas. The first was the general
hear.) In discussing this question they must go to iteorigin. plea, "not guilty,": and the seoond, that he was acting
They were often told that the war had been popular • under the authority of her Majesty's Government ; and on
tbrougheut the country, and that a martial spirit had ge- this latter plea the King of Prussia pardoned him his
nineties pr evaileti among the people. If that be true, they offence. The other night he (Mr. Bailin)) inquired of the
had a right to. ask how the Ministers had been linable to Government if any correspondence had taken place between
fill up.tberavrks of the army, or to raise the necessary the Foreign-office and the authorities of the Haase Towns
number of in an to carry on the war. They had a right to relative to the imprisonment of five or six agents of the
ask why theMinieters had felt it necessery toemploy agents British Government, confined there for an infringement of
to seduce the citizens of foreign states from their allegiance the neutrality laws, and he received an answer which did
in order to engag 9 them iu the service of her Majesty, con- indeed surprise him. He was told that no such correspen-
trary to the wishes of their government and the laws of deuce had taken place, anti from that answer was to be
their country. These' .were important questions, worthy the gathered the way in which great men treat the tools they
serious consideration of the house. He was not ooe who employ for illegal purposes. Now, what he wanted to know
opposed the Foreign, Enlistment Bill. Whatever objections was, why a different course was pursued with reference to
he entertained to that measure he thnnght it was desirable Prussia, Switzerland, and the Hanse Fawns, to that in re-
at the commencement of the war to give full and ample. fereuce to the United States of America. All last winter,
powers to the Executive Government, but he certainly did down to the'very last day of the war, our ships were in the
net anticipate that they would abuse those powers. He Elbe, despite the remonstrances of Prussia and the Haute
never for a moment supposed that any Government would Towns, employed in transportiugtheir subjects who enlisted
bring forward a foreign enlistment bill unless they had in the Foreign Legion to Heligoland. Was the house to im-
age retained by previous inquiry or negotiation whether del-stand by this that it was the policy of our Foreign-office
permission could be obtained to enlist men in those couu- to be humble and subrnieeive to powerful naval States, and
tries in which it was intended to raise foreign legions, to treat with contempt the remonstrances of such States as
Such a practice had been adopted in modern times by had no navel force. (Hear) No doubt that bad been the
European eationee-by the French Government, when they policy of the Foreign-office while it had been under the
wanted to raise Swiss legions, and also by the Neapolitan. supsriutendence of tee_ noble lord at the head of her Me-
, and the. Roman Governments, by both of whom it was well jester's Government. They all recollected how humble
known that Swiss legions had b- en engaged It had re- and submissive he had been to Ramie in relation to the
mained for the Ministers of the Queen of Esgland to set all capture of the Vixen, the annihilation of the Republic of
decency at defiance—to outrage the law which regulated Cracow, and violation of the treaty of Vienna, and how
the conduct of other modern European States, -in Ito insult active he had been, at the same time in interineddlingtu
- foreign nations in a manner which heel called forth thee tat Spain, Portugal, and Naples. It now appeared that
rebuke of the Government of the United States, and it our foreign policy was still tainted with the same (Idioms
would be fortunate for the people of this country if this and contemptible spirit, In considering this matter,
ceriductqlid not lead to still more disastrous results. It however, there . were two points worthy of conside-
elso appeared-to him that the Government fared in their ration. The first Was, if the proper means had been
duty at the comineecernent of the war in failing to im- adopted to maintain the efficiency of our army during:the
press on the minds of the people of this conatry that if I.st war; and, seiondly, if any necessity had arisen to
they wished the war to be carried on with vigour, they justify the course pursued in raising foreign troops? In
ought to be prepared to submit to all. the evils raid incon- 1813, when the population of this country was only
venience which a state of war of necessity entailed on ci- 13,000,000, we maintained a much larger army, in a state
,
vilised nations; ,and it was because the First ,Minister of .of efficiency than was voted for the late war, and yet the
the Crown shrank from the unpopularity which he knew 'population had increased to 24,000,000. In thee of war
would attend the enforcement of that principle that he the only means of recruiting the army was to maid tie
was compelled to resort to a course which lowered the cha- the militia force. In 1813, the militia force raised by
rector and compromised the honour of the nation. He ballot was 41;5,210 men, and the regular army 270,422
could not conceive that a greater insult could be offered to men. During the late war the militia was only between
any nation than attenuting to. seduce its subject, from 40,000 and 50,000 men. The gallant general, the member
their' allegiance in order that they might engage in the ser- for Westminster, put a very pertinent, question to her
vice of a Power which was fighting against a country with efsjesty's Government. He as tend what had become of
which that nation was friendly. They were told thst the our army? Parliament hid voted 212,000 men ; 'there
English Government were misled by the languaete held by were about 60,003 at Balaklava, and he supposed th 3 rest
Mr. Buchanan, the American Minister; but he bad de- were doing the duty of policemen in the colonies. New,
nied that he had given any encouragement to the Gevern- he (Mr. Benne) could tell the gallant general that they
meat to adopt the course they did. (Divide.) Suppose were not employed tis policemen. in the colonies, for elle
that bef6re Mr.• Buchanan was made aware of the senti- army was from 40,000 to 50,00) men less than Parliament
, Meals of his Government upon the subject of the Russian had voted. - Now, it would be adnsitted on all hands that
war; he had expressed his own opinion to be that the great eau-feet of the army being kept in a full state of efficiency
mass of the people of the United States woul.l take a deep would be in time of war the main spring of the Govern-
interest in the success of the Western Powers,' who had went;but hersolavish and profuse was never known in
Mejesty's Ministers, instead of acknow-
come forward to resist an unjust aggression, and to main-
lodging that, thought, that a lavish and profuse expenditure
esin the independence of Europe—suppose that to have on foreign troops was Al that was required of them—an
• been the case, it wenn only haveehown a mistake on the
expenditure
jet.' tof Mr. Buchan ,n. But there never was any mistake
whet were called the days of rampant Toryism, as the
as to the sentiments of the Ainerican Government, because noble lord at the heed of the Government, who was then.
seven days after the declaration of war they made thet Secretary of • Weir, knew well. ' Now, the army of the
communication to Mr. Crampton which had been alreaey East, of which the noble lord all last session boasted so
read to the house, in which they told him that the course
which the Government intended to pursue wasoneef strict Baillie) might be told that such was the mature', result of
eentrality, and that they would not tolerate any vi elation the
i
system of voluntary enlistment, and that the people of
or breach of that neutrality by either of the couteeding na- this country were too independent to submit to a conscrip-
tions. Bet of what had Mr. Crampton been guilty? He tint; but the hone gentleman who used' that aeguneent
was accused of hatlng given his sanction to the employ- seemed to be unaware that in the United States, where
ment of agents by officers of the American Government, the people were considered as independent as in this
for the purpose of seducing the citizens of the United country, the army was maintained by conscription. The
States from their allegiance, and of engaging them in the position of England had been changed by the application
service of her Majesty. Before he (Mr. Baillie) entered of steam to the purposes of War, and if we wore not pre-
into proofs in support of that charge, he desired to come to pared to adopt Some system of defence different to that
a clear understanding of the nature of the offence. Groat which hid before existed. we must give up all hope for
confusion of ideas prevailed upon the subjest. The offence the future destiny of England.
was described, both by the Minister of Foreign Affairs, Sir G. GREY said that he would occupy but a dicta
and the noble lord at the head of the Government, as a period of time in the observations which he was about to
' breach of some municipal law of the United States ; where- address to the house. Te was difficult to ascertain what was
as, if the offence charged had been committed, it was a
direct violation of the law of nations. So it had been the precise nature of the charge which was brought against
alwaes held by the great constitutional writers who had her Majesty's Government. The hon. gentleman who
hitherto been regarded ao.high authorities upon questions brought this motion forward showed but too clearly that
et internationellaw.
to Vateel, but heeteemed The
consider rne-
himGener had rerred the great object which he had in view was to disparage the
authority was not much esteemee. V attel says, " The as a
character of the Earl of Clarendon, her Majesty's Seers-
al
writer whose
man who undertakes to enlist soldiers for foreign countries tary of State for Foreign Affairs—a character which stood
I without their Sovereign's permission, or who entices away too highly in the opinion of Europe to be affected either by
' the subjects of another State, violates one of the most the sarcasm or invective of the hon. member for Mayo.
sacred rights of nations. This crime is distinguished by -(Heer, hear.) The hon. end learned member for Stamford
the name of kidnapping or man-stealing, and it is punished (Sir F. Thesiger) seeme Ito have pointed his shaft against with the utmost. severity in every well-regulated State, her Majesty's Government, because thee had suffered an
Foreign enlisters are hanged without mercy, and with the indignity to be cast on this country by the reusoval of Mr.
greatest justice. (A laugh.) It is not presumed that their Crampton, without its having been resented ,by the ie-
Government would order them to commit a crime ; but moval of Mr. Dallas. • The hon. and learned' gentleman
even if they receive such an order, they ought not to obey said that he bad read the despatch recently addressed by
it,-for they ought not to do anything contrary to the law the Earl of Clarendon to Mr. Dallas, and he geld that her
of nations. With respect to such of them as practise Majesty's Government had stooped to 'an indignity which
seduction only, it is generally thought sufficient to punish compromised the dignity of the country. But the hon.
them when
caught; but if they use violence, it is
usual to gentleman (Hr. Baillie) had taken a totally different
claim their nler, and the giving up of, the persons gourd. His attack upon the Government, and equally
whom they have carried off. If it is done by the orders of nroa the Government which had preceded it, was in refer-
their Sovereign, it is a sufficient cause for declaring wars" once to the policy of the .Foreign Enlistment Ac'. The
Such was the description of the offence and punishment as hon. gentleman had deflected a speech which he. (Sir G.
-
eiven by Vatted. But the American Government had fur- Grey) was not sure he had not delivered with :great force
ni-bed •them with a variety of authorities of great eminence and effect when the measure was before' the house. (Hear,
ar
ai
t-
mboatne, ilia)
iGdeirtmaaonwyn
—an,d, ~.,Flrsantactee entHi
el ne
neutral h ased
plo of idternational law, that no subject of a neutral
to exact, even by force if necessary, that the belligerents state could enter into the service of a state wbi et was at
rlibrale rG gehr Lear,
y
do not use their neutral potVers for the purposes of war; war. He said that the maxim —civitas non cc*cer 0, was
that they do not 'get together ammunition, or other re- not ttue, and that the United States would 'not permit
quiremente of war; and that they do not make any rani- t their subjects to enlist'in foreign service. Was that the
tary preparations, or any enrolment or collection of troops." doctrine of the United States? What did Mrs p Mercy say
The Abbate Gellieui, the great Neapolitan jurist, and M. on the subject of those eersons who had left! the United
Hautefnuille, a French jut ist, laid down the same Princi- States to give their stssistanc3 -to Nicaragua? He said—.
ple. He would give the authority of a statesman whose "The right of expatrietien is no:. to be withheld from the.
opinion he well knew would be respected by the noble lote citizens of any free, state. The liberty to go where hopes
at the head of the Government—he alluded to Mr. Cn- of better fortune entice them belongs to freer en, anal' no
ning. Tepee a motion made in April, 1823, by Lord Al- free Government can oppose it. It is no comp eint against
thorp for the repeal of the Foreign Enlistment Act, which the neutrality of this country that persons ha left it aid
was supported by the noble lord the member for the City heist afterwards been found in the tanks of belligerent
of liondon, and opposed by Mr. Canning, the Secretary of
army." The Presilertt, in his message, said ", .hat, in the
State for Foreign Affairs, Mr° . Canning said—" W..at I dishi i eel state of -Nicaragua and Costa Meat one, of the
I
now call upon the house to do is to adopt the same 411111111 coetendiug factions invited the 'co-c peratien of a small
which has been recommended to neutral powers upon tor- body of citizens from California, by whose assistance trans

THE GRAND JURY ASSESiIIENTS BILL.
Certain additional clauses were agreed to, and
Mr. FORTESUUE proposed to insart , the following
clause after clause 3—" In making such appointment, thea
treasurer shall omit therefrom every tenement consisting
wholly or in part of » dwelling-house, the total. annual
valuation of a high tenement, as set forth in such final list,
or in such revised valuation as aforesaid, shall not exceed
the sum of four pounds."
After a short discussion, the house divided, when the
numbers were—

For the amendment
Against it. lO9
Majority against it
Mr. BLAND (in the absence of lir. moved,
"
after clause 11, to i,,sert the following clause:__` Notwith-
standing anything contained in the act of the 7th year of
King William IV., chap. 110, it shall not he necessary for
the high constables or cess collecto- to enter into fresh secu-
rities at each a,.sizos, provided that the bend and warrant of
atterney to .be exec.Ate,l by him and his sureties, as by the
hail act required, be coneitioned for his duly collecting and
paying to the treasurer of the county, on or hetore tie tits
day of each assizes, from time to time, so long as he shalt
continue Sigh constable or collector, whether by his then
present or any future appointment, all such public money
as he is or shall be required by such treasurer to collect
Pro.vi,led always, that it shall be 'lawful for the grand
jury, at each assize; s, if they in their discretion think fit,