The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-11-17

IN the service OF . foreign Statey
Did he hire retain person? Whatever he did was
within the territory Of the Uni cd States.
The hiring or retaining does not necessarily include
re ains another He may hire or retain person with
agreement that be shall gay wages when the services
shall have been performed The hiring retaining
first instance but BY promise to pay money when the
services have been performed; and 50 a. person may
s 70 e nj of
receive his pay after he has gone beyond the limits Of the
United states with that intent.
Moreover it is not necessary that the consideration Of
the hiring rball be money. To give to person rail-
road ticket that cost 81 and board and lodge him for
week is as good consideration for the contract OF hiring
as to pay him the money with which he could buy the
railroad ticket and pny for his board himself there
an engagement the one side to do the particular thing
to 60 beyond the limits of the United States with the
tent TO enlist the othe side engagement, that
when The act shall have been done consideretion shall
retaining completes
The meaning Of the law, then, is this That if any
person shall engage hire retain or employ another per-
TO outside OF the United Saes to do that which
he could not do If he remained in the United States viz
to take parr in foreign quarrel If no hires another to
he him to 90 he has sc az
intent, then the edsnce i complete within the
section; Every resident Of the United States
enlist in any army tn It lie pleases; but it is Ia sul
Tor per- 20 engage another here to go to Halifax for
yond the United States, that person having the inten
lion 10 enlist when he arrives out, and that intention
known 10 the party hiring him and that intention being
portion Of the consideration because OF which he hires
him that defines Il Q offence.
believe that after making this comment upon the
law. might pass to the fact but it occurs me to
add that yon not TO require proof Of the connection
Of the defendant with each particular fac. and circum
stance which has been given in evidence, to show the
working out OF the gene al plan.
il you believe the witnesses, the obj ct here was
eff ctuate enlistment beyond the borders the Unit
ted States and yet escape from the provisions Of this
section to DO effectively and yet do If you
IRE satisfied matter what the avowed object of
the party. no matter what the pretext if you are salts
fed that Henry Hertz here engaged in hiring and
retaining to go of TO Nova Scotia there to enlist,
that being their intention and he believing that it was
SO, and therefore hiring them then, no matter what
was the mask which the transaction wore he
has committed The offence charged in the bill Of ndct
ment.
On the rotion FOR trial the following insruc-
tons from Mr. Gushing, which have given iss to such
violent comments he part Of the Engi,h journals,
read -
ESQ, UNITED STATES ATTORNEY, Pail ADELPHIA.
ATTORNEY GENERALS OFFICE, Sept H. 1850
sfn reply to your letter Of the 10th inst, the
subject of the indictments psnding against persons
charged with recruiting for the military service OF Great
Britain, have the honor to make the following obser
Mr. McKeon has advised of the desra bleness OF
conieriS with you personally, either by himself his
assistant in regard to new evidence, TO which he may
have access. and which be useful to you.
suggest the expediency of trying only a part Of the
now especially you fail to convict in leading
But the most important consideration is this
This cover nment has of course addressed to that Of
Great Britain such demands Of public redress and salts
faction in the premises the national honor requires
But the government Of Great Britain with extraordinary
inaenton to the grave aspect of its acts namely the
flag ant violation OF sovereign rights involved in
them, has supposed il sufficient justification Of what il
has DONE reply that it in strucons to its agents
to proceeded not to infringe municipal laws; and
ii quotes the remarks Of Judge Kane in support Of the
idea that has succeeded in this purpose It may be
Juoge Kane upright and intelligent Judge, and will
the British government has by ingenious contr ances,
succeeded In. ehetering its agents from conviction
maeiacors has, in so doing DOUBLED the magnitude of
the national wrong inflicted on the United States.
This government has done its duty Of internal
administration in prosecuting The individuals en-
Of deliberate undertaking Of the rtish government
not only TO violate rs nation, our sovereign rights a.
nation, but also 10 esade municipal lawsanl that
undertaking shall be contaminated by is agents in the
United staies-when all this sha have been udicialy
ascertnned the President will then have before him the
becomes The United States TO adopt in 80 important
matter. am, very respectfully, c. CUSHING.
JAS. C. VAN DYKE, Esq, u :. Attorney, Philadelphia.
ATTORNEY GENERALS OFFICE sept H. 1855.
Sir-I desie 10 make further suggestion in regard
to the trial Of parties charged with recruiting soldiers in
the United States for the service Of the British govern
ment
II is known that instructions this subject given
by that govc TO s officers in the United States
We are told by Lord Clarendon that those officers had
the municipal a-that is TO violate its spirit but not
It's letter II So the instructions themselves violate the
sovereign lights of the United states.
But in The meantime, every Consul Of Great Britain
in the United States t. BY the avoma Of his government
subject to The just Suspicion Of breach Of law while APP
parently he must either have disobeyed his cavern
men, or, in obeying it, have abused his consular unc
tions by the vclaton Of his international duty to the
In these circumstances II Is deemed highly necessary
that the British Consul at Philadelphia any other
officer Of the Britt, g shall not be suffered 70
sioDthat letter Of his he read except in the due
form Of evidence and that II he have anything TO say he
shall he put the stand by the defence IN order that he
may be fully cross-examinei by the prosecution.
II Is clear thai he has right, BY any rule OF public
law of international comfy to DO heard in he
by the court otherwise thsn witness, whether
forced or Nounteer have the honor TO be- very respect
fully. q. CUSHING.
jas. C. VAN nYKr, Esq, u $ Attorney, Philadelphia
In the confession put in by the defendant have ev
dence of the active part which the British Minister, Mr.
Champion, took ia these proceeding The following Is
Herz's account. Of lis first introduction to hint
INTERVIEW BETWEEN HERTZ AND CHAMPION.
Two or three weeks afterwards went to Washington,
and was int oauced BY any gentlemen by letters 70 Nc
those gentlemen the object Of my visitout before de
hve,rg any Of these letters Of Introduction addressed
note Mr. CHAMPION requesting Interview with him
that note did state the object of the interview Tle
prncp pal object Of my visit 20 Mr. Champion to
certain whether could satel, embark in this ente pise
was stopping at Wizards Hotel and in reply to my
note received the note marked A. After the receipt of
this note called Mr. Champion, at his residence: it
Cfampton; be said in sutssanee:s' Your letters of
introduction assure that | nav have full ,oul-
dence in you; ! have not sufficient authority yet
from the houe government with regard To the ma ter
but expect early authority from Lord Clarendon
have already teceived letter from Lord Clarendon, in
curing how many mi ht be enlisted In this country
for British vice, aud what the United States govern
ment would think Of such an attempt can tell YOU
this that il you embark IL this matter you can AXE
great oeal Of money i procuring Of for the English
service should be undertake II viii be very advantage
Gus TO you but expect letter iron Lord Clarendon by
the next steamer which may be expected in eight or ten
days giving me full explanations and instructions how
The matter Is TO be conducted" In this conversation he
bad reference TO entments in this country for toe Cri
He stated that he had ans wered Lord Claren
dons rst letter. and that the letter he expected was In
reply TO his He did not state the his
r...wer e leld uarenaons letter, lie then said, al
have nothing ols y Si y.g to dsy hU. when re5si7e
Lord Clarendons letter viii write to you returned
TO Philadelphia, and should have thought nothing
OF the subject but about the 9th a February, 1855
received letter from Mr. Champion, through the Post
Office wbch letter is hereto annexed marked B. sent
BIN Geographic despatch that too much engaged
10 come 10 Washington nov, but that ] would call upon
him nj Washington soon my time would permit It,
OF his second witt, he says
went some DAYS Afterwards say three or four DAYS