The Daily Nashville true Whig. [volume] (Nashville, Tenn.) 1851-1855, 1855-10-20
The Foreign Enlistmsnts "A Completely Of the
British Government.


British Government.
Motion for new trial in the case of the Q.
States rs. Hertz, lately convicted of hiring men
to 90 to Halifax with the intention of eustiDg
in the British army, was last Saturday morn
ing called up before Judge Kane, in the United
States District Court, Philadelphia. The Judge
refused to grant new trial, whereupon, Mr..
Van Dyke, counsel for the prisoner, said:
81 ask leave to present to this Court the confes,
sion which has been made to Inc by the defendant,
Henry Hertz
"This prosecution has not been merely local in its
tendencies, the influences of its results likely to
be confined to the sphere Of ordinary prosecu-
ton in this district Its results are OF far more
extended importance"
The confession of Hertz is then given at
great length, corroboratiug the facts already
proved against him. Mr.. Vandyke states
shat lie had written to the Attorney General
of the United States, asking whether it was
the desire of the Administration further to
press these prosecutions, to which he received
answers. Mr.. Vandyke read the letters as fol-
lows"
copied in full;
ATTORNEY GENERALS OFFICE,
September u, 1855.
Sir-In reply to your letter of the 10th instant
on the subject of the indictments pending against
persons charged with recruiting for the militia ser
vice of Great Britain, l have toe honor to make the
following observations
Mr. McKeon has been advised of the desirabeness
of comforting with you personally, either by himself
or his assistant in regard to evidence to which
he may have access, and which may be useful to
you.
1 suggest the expedency of trying only part Of
the cases, now, especially II you idll 10 convict III
some leading eases.
But the most important consideration is this
This Government has, of course addressed to
that of Great Britain such demands OF public redress
and satisfaction in the premises as the national
honor requires. But the Government OF Great
Britain, with extraordinary inatention to the grave
aspect of its acts namely-tne fragrant violation Of
our sovereign rights involved III them, has supposed
it sufficient justification of what it has dOne to re-
ply that it gave instructions TO its agents so to pro
coed as not to infringe municipal laws; and it
quotes the remarks of Judge Kane in support OF the
idea that it has succeeded in this purpose. 1t may
be So Judge Kane is an upright and intelligent
Judge, and will pronounce the laysss it is; without
fear or favor. Bat if the British Government has,
by ingenious cOutryances, succeeded IN shtlttrln9
its agents from conviction indicators, it has, i'll
so doing, d, ubled the magnitude of the national
wrong inflicted on the United States.
This Government has done its duty Of internal
administration in prosecuting the individuals engaged
in these acts II they are acquitted, by reason of
deliberate undertaking of the British Government,
not only, as a nation to violate our sovereign rights
as a nation, but also to evade municipal laws
and that undertaking shall be consummated by its
oil tl,il boil
have been iudcially certsned, the President will
then have before him the elements of decision to
wi at international action it becomes the United
States to adopt in 30 grave matter
am, very respectfully,
C. CUSHING.