Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1855-11-23
From the Wnshnrion Union.
ATTORNEY GENERAL CUSHIEG'S INSTRUC-
TlOSS IN THE BRITISH ENLISTMENT CA

I From tn" Washington Union
| ATTORNEY GENERAL CUSHIEG'S INSTRUC-
TlONS IN THE BRITISH ENLISTMENT CA
| SES.
| The British Journals in England, as we'll a. those
III Nrw York. ARE wagiDg a fierce warilre rpon At
tornry General Gushing for the anti-Eritish in
which he instructed. Distrr, Attorney Van Dyke to
prosecute the vnlntlous OF national sovereignty,
| III which certain distinguished British officials were
Implicated The guilt Of the parties implicated is not
denied, but il il considered outrage the part Of
General Cushing To express his mind 40 freely in re-
gard To the conduct "t the British government. We
confess that We have no objection 10 TINT outspokrn
| and emphatic manner in which the Attorney General
clnracfrlIzrs niructiOns OF our national sovereignty
by British officials, and quite indifferent,
doubt not he is, to the violent TRADES ut abuse
with which the columns OF British organs are filled
General Gushing wrote IL became an American of.
irer who WAS indignant at the attempts TO coiupro
init his government by schemes for openly violating
or cnvrrty evHding laws, and Just i'll proportion
~ he il abused by British writers will he b- applaud
ed by American citizens. Without troubling
selves To make formal vindicatiOn Of him, deem
4 enough republish the letters of instruction. which
constitute oi themselves the fullest r;utafon OF the
assaults "f hls enemies. They are as follows
.Vr. C"~hing 10 J. e. Fam Dyke, Esq.
ATTORNEY GENERALS OFFICE, Sept. r.
SIR In reply to your letter Of the 10th inst,
The subject OF the indictments pending against persons
charged with recruiting for the militia service Of
Great Britain, have the honor 10 make the following
| observations
! Mr.. Mckeon hns been advised OF the dcsiraLleness
o! coEtcrrnS with you personally, either By himself
or hlS assistant in Regard 10 new evidence to which
| lr may have access, and which Inay be useful 10
| ynu.
| suggest the expediency Of trying only 4 part Of
the cases now, especially II you aiI TO convict i'll
| leading. case.
| But the most important consideration is this
This government has. Of course, aldress,'d that
/ pi t,t 4
satisfaction IN the premises the national honor rr.
| qulrrs. But the government OF Great Britain, with
extraordinary lnattrn0n o the grave aspects of its
acs-namrly, the hagrant violation OF sovereign
| rights involved in th"m-hH- supposed sufficient
justification OF what it has done t" reply that it gave
Instructions TO lis agents 10 proceed not in
fringe our municipal laws; and il quotes the REMARKS
OF Jude Kane III support OF the idea that It has sue
credrd in this purpose. II may be 80. Judge Kane
is upright and intelligent Judge, aud will pro-
nOunrr the law it is without fear or favor. Blu. If
the British government has, by ingenious contri
vances, succeeded III sherr'ng its agents from
vlctun rs nalractors, 1t has doing doubled thu
magnitude Of the national wrong inflicted on the Uni
| ted States.
This government. hns done its duty OF internal ad-
mInlStratlon in prosecuting the individuals engaged
in these acts. II they acquitted, by deliberate
Undertaking o tho British government, not only a.
nation to violate sovereign rights natiG: but
also 10 rvadu municipal nws-and that uncertl.
king shul be consumnaled by its agents in the Uni
! ted States-when all this shail have been judciuy
ascertaned the President will then have before him
the elements Of decision as what international ne
ton becomes the United SlGt,. Ia adopt grave
| 4 matter ! am VERY respectfully,
G. CUSHING.
ATTORNEY GESRRAI'g O.FIcF, Sept. :.
| Sir desire to malir another suggestion in re-
gari 81 the triai OF parties charged with recruiting
soldiers in the United States for the service Vi The
| BraiSh government.
given by TINT government its officers i'll Ire United
Statrs. We are told by Lord Clarendon that those
officers had stringent Instructions 10 proceed
not 10 violate the municipal llw-thnt H. to violate
its spirit, but not its letter. II so She instructions
themselves violate the sovereign rights of the United
States.
But, in the time. every consul Of Great Bri-
tain IN the United States is, by the avowal Of his gov.
erIlmcnt, subject the just suspicion of breach of
law while apparently he must have disobeyed his
own government, or, i'll obeying H. have abused bis
consular functions by the violation Of his nternato
| nl Iuty to the United States.
! In these circumstances il is deemed highly neces
sary that the British consul at Philadelphia, any
other officer of the British government, shn not br
suffered 10 Interfere in the trials. lie attempted 10
DO on previous occasion; that no letter oi his br
read eSceptin the due form of evidence and thHt If
he have anything say he shall be put the stand
By the defence in order that he may be fully cross
examined by the prosecution.
II is clear that he has right by any rule OF pub
case by the court otherwise than witness. whether
enforced or volunteer.
| have the hOuur To be- very respectfully
G. CUSHING.
In order that our readers may form some idea OF
tie violent manner IN which the English Journals
have assaulted Attorney General Cushing copy the
following:
From the London 1ime-. Oc.. 30
The recent arrivals from the United States by no
tend 10 relieve the uneasy feeling with regard
tO the relations between the two countries 10 which
We gave utterance few days ago. The documents
upon which give fresh Intelligence as TO the state
of feeling OF the Americans Government towards liz al
this critical moment, the Instructions OF the Hon.
Caleb Cushing Attorney General OF the United States
to the District Attorney of Philadelphia. From these
! papers we learn many things wh!ch are strange 10
English ears. They purport merely ~ be instructions
a. To- the conduct Of the trials a" persons charged with
recruiting for the military service OF Great Britain
but they framed in tone and spirit which show
tat they were intended for other eyes than those oi
the District Attorney of Phiiaiephia. We learn from
these letters thar the American Government has ad-
dressed to that of Great Britain such demands o pub
lie redress and satisfaction in the premises a. the ma
tional honor requires the premises being the re-
crutinc for the service of Great Britain and we fur.
ther learn that the Government of Great Britain has
declared in answer, that il gave stringent INSTRUCTIONS
not To violate the municipal law, and from the New
York Comrier and Enqg"e" We further learn that the
English Government hos expressed lis regret It any
violations of the municipal law of America have taken
place These things furnish admirable text to the
learned Attorney. General, who proceeds 10 pour oil
on tho troubled waters by suggesting TINT the lSrnc
ton not 10 violate the municipal law ot the United
States is fagrant violation OF their sovereign rights
and doubles tho magnitude OF the national wrong IN
tliced upon them. In pursuance of Tins chnrIthDe
view, Mr.. Gushing proceeds T." Irect thai INC br'si
Consul snll not be allowed 10 Interfere IN me trHl'
I =. ,Il In and
course vi evidence, and no statement from MN
he admitted except in the character ut wit
uess for the defence. We have nothing TO say against
surh directions as contributing to the regular and
uruuer conduct OF Il judicial investigation. In this
country we believe such directions would be ne
r-..ary, because 10 one Of whatsoever position ar
station would be allowed io interfere with n" due
unh orderly administration ot justice But the r"h-
given for this direction il needlessiy and We
much fear, purposey offensive. The Consul is TO
hs excluded from taking part III the trial because he
il subject to the suspicion of breach VI law, which
has not, indeed, been proved, hut which Tins hgh
law officer assumes against HIM hs already esab-
li.hed. Every Brt"h Consul is, according 10 him,
A criminal IN csse u. az poSr. aud i, to be treated
according.
Such is the official reserve, such the gravity aud
decorum maintained hy one III whose hands s placed
the crave and honorable responsibility Of directing
tho administration of the law in the great Republic.
Ii il melancholy to think what grave interests may be-
compromised and what serIons dangers wantony
rsked by this studied insoencr OF demeunOr and in
temperance Of language. On our side we fear noih.
;n for we are quite sure that our relations 10 the
United States will be decided upon cnlm and Just
views OF dignity and interest fur different from those
noisy und boiserulIs passions which Mr. CushlnS s,
made il his business 10 excite. But we remember,
nnt without some degree OF socitude, that the gov
| .rpment of the United Stales is i'll the hands ultl'
| ,natry OF an enormous constituency, many Oh Whoh
have carried with them across the Atlantic burning
hatred TO Great Britain, and most OF whom arr COM
bio i.,oI,,u nf nDvn