The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-11-21

three OF this army or picNpockeist We uow not why
for much less naer-the arrival aud then in New
York Of pauper Of thieves suspected Of having been
shipped here by public authority in Europe-we have
peatedly with just and with universal admission Of
right demanded explanations Of the supposed offending
government
But truce to analoges Let Us look at the very fact
The writer whom commenting assumes that the
United States might recruit soldiers in London without
giving offence The suggestion is utterly absurd if we
suppose the United States be carrying war, and
Great Britain neutral state DESTROYS to maintain peace
Upon ths point the most wonderful Misrepresentation
exist if may Judge from the idle things said by the
British journals about what thoy call Mr. Cushings doc
trnenamely his declaration that the deliberate under
taking of belgerent foreign government enlist troops
in the territory OF a neutral state, without consent is
attack its national sovereignty and that the
attempt do this by systemased evasion Of the local
law is only aggravation of the wrong to sovereignty
To settle that controversy, subjon the following
tracts from three books Of admitted authority
on the subject
GAS be carried without soldiers, It is evil
dent that whoever has the right Of making has also nat
uray that of raising troops The latter therefore, belongs
likewise 10 the sovereign and is OF the prerogtve Of
majesty"
q As the right of levyng sodiers belongs solely the
ton the sovereign, person to enst sol
diers in foreign country without the permission OF the
sovereign; and with that permission but volun
TO be enlisted for the service of their country is
Of the question here and sovereign has right
give sell his subjects to another.
hoover undertakes enlist soldiers in foreign
try, without the soveregns permission and in general
entces the subjects of another state violates
of the most sacred rights Of the prince and the nation
This crime distinguished by the of kidnapping
stealing and ID punished with the utmost severity in
without mercy, and with great justice II is presumed
that their sovereign has ordered them to commit crime
and surprising that they had received such order
they ought hare obeyed il, their sovereign having
right command what contrary the law Of Nature.
Bm u appears that they acted By order, such pro-
csedag foreign soreseiya jsy considered ary.
and uen. declaring against him, utess
he makes suitable reparatios."yatte.
Since the right of raising soldiers is right Of majesty,
which must not be violated BY foreign nation not
mted to raise soldiers the territory without the
of its sovereign Wolf.
"Whs in rupture between two nations, neutral
state the full enjoyment Of its territorial rights it
in the absence OF treaties prohibit during the
time of peace any passage soourn Of foreign troops
and much forbid the occupation of its orresse the
crung mastering, and exercising troops and may
force against those who shall attempt to violate the prohibit
ton. "--narteas.
shall then have but little say upon the duties of bel
igerens These may be summed up in very few words.
The begerents ought to abstain in order to nure his
from the employment of all indirect means, which, to
their object must first strike neutral nation he
ought respect in the most complete and absolute manner
the independence of pacific nations and their soveregnyn
word treat them in the IL the pro-
found peace continued to prevail Those nations in fact
peace with him fulfilling strictly their duties Of neutral
y they have right enjoy the advantages of this posi-
ton be exempt from all the evils of war; the duty of the
beiigerent is in to infringe this right Thus
neutral territory ought to be held sacred and nyioabe by
nations war these ought any prctext in any
alot
The passage Of armed troops the fery of oldes &C., &c.
effected against Ge N Of he sorerey, could constitute
ATTACK uroN SOVEREIGNTY, rfobao' Of the duty IF Che
belhgerenf."
Gas to the territory of neutral nations the happening
hosities has neither changed modified anyhing it
mains what in time Of peacethe absolute and excu
sve property of those nations, it remains nvoabe II
ought then, to be sheltered from all enterprises Of the bel
geens Of whatever nature they be- The consequences
Of should be felt by them directthat is say,
that act of hostility should be committed against them
der any pretext.
Bellgerent nations in this respect have only the rights
they possessed in time of peace because harm
nations which are at peace Begerens cannot, then, in
case, without the permission Of the sovereign
trail territoy do not directly for the operations
of warbu draw from it any advantage whatever TO
the prejudice of their enemy This permission cannot be
granted them by the neutral without violating his du
ties.
The principle Of the invioabi,y of The territory being
admitted it is impossible not to draw from it this conclusion,
absolute the principle itself; beigerent has never
right neutral territory any whatever with
the permission of the neutral nation, sovereign OF such
territory, and cannot therefore, levy troops there and
march armies over it, &C., without this permission.
The neutral has ncontestabe right to resist any at
tempt the begerent may make his terrory to OPP
pose by any in his power, and by force of
arms the that citizen proprietor has the
right defend his property by all the placed at his
disposal by the law of his country HamefenHie.
When and Swedes undertook enlist recruits
ia the United Provinces without permission of the States
General subecng the guilty parties capital other dis
cretonary punishment. And the States Of Holland
enacted that any person who should presume raise
cru therein without their permission should be punished
with DEATH absolutely leaving discretion to the court
Byakershoek.
Now it is in conformity with this unquestonabe doc
Of the law of nations that neutrality laws have
been enacted BY Congress and that have demanded
satisfaction Of Great Britain for the deliberate infringe
ent by her of the and sovereign rights Of the
United States.
The saboined paragraphs will show how far Great Bri
tain respects the sovereign rights Of neutral nations in
this matter.
letter from Hamburg Of the 18th ut, published in the
Boston Post, contains the following
1.-THE English frigate Perseverance found Esinore on
her from Libau despatch from the Admiralty,
dering her to Hegoland take board fifty Germ re-
crus and convey them England. Those 10 be
Incorporated battalion OF rifles commanded by Col
Joceyn The recruiting agents in the north Of Germany
haze already ENLISTED good number Of fer The formation
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