The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-02-29
THE BRITISH ENLISTMENT QUESTION.

We to-day the publication of the important
the Senate the subject of British military enisneuts in
the United States We feel confident that the intrinsic
Of the question lees than the ability Of the dpo-
matte discussion which ii has elected will insure to these
documents universal attention We do not propose to
foresa this by attempting to give detailed analysis of
the papers themselves IL viii be Sufficient and will he
useful ourselves with presenting briefly
the salient points in the history Of transaction which
likely to become Of the celebrated causs Of modern
diplomacy.
Nothing thoroughly settled doctrine Of pub
lie law than that every people is master in its own terri
tory; that each country has right lift pease remain
steadily neutral in the face Of other bslgerent countries
and that no belgereut nation has right to Use for
It's begerent purposes the territory Of any neutral
OF course the begerent cannot without the consent
the neutral recruit within its territory forces Of either
land or sea- Moreover, the neutral in the exercise
Of its sovereign discretion permits this beiige-
rent without permitting the the other 1t fors
ia neutrality, and becomes itself bsIlgerent party
Nay without regarding the subject in the particular re-
laton Of neutral rights 1t may be assumed indsputAbly
certain that every has exclusive right the use Of
military means and especially Of that primary and
most Indispensable OF all the instruments Of war men
OF course friendly state in the time Of the
most profound peace has any right 10 enlist within
Anothsrs territory without the Of the latter and
the attempt do IT, under any circumstances aud for any
purpose whatever without such consent act Of nt-
sion Of dsresPec and Of outrage on the national
ereignty.
The United States in with most other modern
nations have municipal laws founded upon and enacted
in aid o. this great universal principle q the public law
Of Europe and America An act Of Congress provides
that any person shall within the territory or jurisdC-
ton Of the United Sis enlist himself or hire or
retain another person enlist Or enter himself or 10 10
beyond the limits Jurisdiction Of the United States with
intent be enlisted entered in The service OF any for
egn prince State colony, district people soldier
a marine seaman, board Il any vessel-o war
etier-ofmArque Privaeer every person 20 offending
shall I've deemed guilty Of misdy1psapor aud shall be
fined not exceeding thousand dollars snd he mpris-
oned not exceeding three year,"
Thus Il will be that the statute makes provision 10
punish maleaciors all qarSggls who engage in foreign
enlistment the United States Bot the statute could 90,
meet and does not profess pretend to meet The
ful act ofsny foreign government which should undertake
gOvernmcut 10 open recruiting Offices in our cities or
spread recruiting officers over the country in order 10
raise for lie military service We cannot indic for
eign governmeuis them and put them IN
prison. redress their isdesds by means Of the
ordinary Judicial administrative authorities in the
course Of internal public administration In such con-
tngency the government aggeved has 10 deal with the
government sggsviug the great principles Of sovereign
right which regulate the international relations Of indie
pendent states.
Hence II follows that foreign government In such
matter has any right 10 look into municipal laws OF
examine what their tenor i on such . subject That !.
q its business That is the sole concern Of the o
Of Justice and o. the accused individual arty 10 The
prisoners box The foreign government has no right 10
look to any other point whether consent that Il
may recruit in territory IL is bound the frs,
step 70 ask consents il proceed to recruit without
consent in doing Injuries us Il insults us gives
right al such redress the circumstances require Just
~ IN any other Of national wrong spch the cap
ture o. ships The hostile attack Of cities
In all such cases il is perfectly ministerial ubeher Their,
be not any municipal Law 70 punish the individual o.
fender Take, illustration the analogous case Of ID,
marching Of troops across territory, which