The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-18
NEW YORK HERALD. FRIDAY. JULY Is. 1854

Mr. Marcy, in his letter Of the 9th Of May had
clearly announced that the American government were
abundanty satisfied that there any intention
on the part OF the British government either TO offend their
municipal law or to trench what they termed their
himself t. the facts relied upon by MIR Gladstone having
previously given an exposition Of the legal principles APP
pcable 10 them observing that international law prohb
ted only the actual enrolling of soldiers whereas the mu
pcipal law Of America went much further, forbddng hr
ing engaging within the territory that there could be no
breach of international law the municipal law had
been violated; and that the right Of sovereignty
nothing than the power Of preventing the engaging
q soldiers within the territory which was embodied in
there had been an nfracon of the letter Of that law
which being in restraint Of liberty, must be construed
strictly and he denied that there had been any nrac
ton; the word "recru.ing," he remarked, which
not found in the American law had been used by Mr..
ring TO the proceedings the trials in the United States
and to the language permitted he said, 10 be used by
officer Of The federal government, he asked the House
whether the British government should have been salts
fed with the results of such Inquiry and consented TO
recall Minister at the suggestion Of the American
@ G msl IN nsa osen
Enlistment act which passed while Mr. Gladstone was
member Of the government for no place could be resort
ed to for the purposes Of that act with greater proprety
than the United ss' where many British subjects wers
resident.
Sir j. PAKIyG1oy and Mr. JoHN M'GREGoR rose at tn
same time and the right honorable baronet was called
upon by the Speaker. Mr. MGregor, however, mani
tested some unwilngness TO give way and amid laugh
speak to order. After Intellectually for some moment
endeavoring to gain hearing, Mr.. MGregor resumed
Sir J. PAKsG1oN agreed with Mr. Gladstone that the
time come when the House Of Commons might fairly
address itself to this painful subject he thought that
II it shrank from this discussion, which, in his opinion,
would do nothing but good the House would abandon It's
duty. He believed that no dspassonate man could rise
from the perusa Of the papers without feeling that the
conduct OF her Maesty's government had been 10
compromise the character Of the government OF this
the, had been compelled to offer Illuminating apology
TO the United States, and to subm to the indgnty Of
having their ambassador dismissed, sensible that their
conduct would not justify retaliation. Although he
.ssed that the subject had been nearly exhausted by Mr.
Gladstone he passed in review some Of the prominent
opcs insisted that the facts bore the charge of the
American government and observed that
tons had taken place at time when every prudent gov
eminent would have exercised the greatest caution not
10 add TO the difficulties Of the Central American question.
Lord PAINERroS rose, and was about 70 address the
House, when
Mr.. BENTIScK moved the adjournment OF the debate.
The SPEAKER SAID the honorable member too late,
and that Lord Pamerston in possession OF the House
CLEAR, hear)
Lord Observation-Disclosures the doubt which
the right honorable baronet who addressed last
pressed to whether the honorable member who made
the motion would think il necessary to press 70 d.
vision, and notw outstanding the effort made by the HOMO
rabe gentleman who just nov presented himself, unior
tunately for himself little too late (augher), do hope
the House will think necessary to pronounce opn
ion upon the motion which Is now submitted and which
is no less uan vote OF censure upon the nment
(ear, hear) trust the House will feel II duty
longer to delay pronouncng opinion upon this ques
ton, and rot allow to remain In suspense the question
whether Toe government, which hitherto has enjoyed
the confidence Of the House IL III the country s hence
forward to rest under the oeusure of this important
body. (Hear hear The honorable member who made
the motion began by saying ina ne called upon the House
TO pronounce opinion in judicial capacity and that
the debate should be conducte with uacial calmness.
But no sooner had the hon. member made the exhora
tog than he began and continued during the remainder
OF his Speech to indulge IN peri tissue OF personalities
-(hear)-rpring up up everything he could find in the
treasures Of his memory putting forth all the caumnes
which in former times Nd been uttered against my noble
friend Iogd Clarendon. and, by dwelling upon the name
Of my ncble friend in every alternate sentence Of his
speech, the hon. member endeavored 10 create i'm
preston that there something in these transactions
separate Lord Clarendon from his colleagues and that
the eensure Of this House, which he invoked should fall
upon lat member Of the government, and not
equally upon ALL The tenor OF that speech
st,utiona as trust the object of the motion IL
founded II has been well said by those fol owed
the hon. member that there is individuality in that
member OF the government who - Charged by the office
he holds with the conduct Of these great transactions
but that all his colleagues equally responsible. can
the House prepared in the fullest Of
the word TO adopt the entire responsibility for anything
which Lord Clarendon has said or written upon this ques
tion. (iear The hon. member for Invernessshrc Mr.
Be) began by referring 10 the origin OF these ransac
tions viz that act authorizing the crown 10 have re-
10 fo eign troops for hc purposes OF the He
told how, in 1873 there were don't know how many
tho and In arms and that ten years after the
began there great increase in the force with which
began, while, one year after the late war had com
menced we had not compile ted the number OF men whc
had been voted by Parliament shall not back to tn
discussion which took place upon that BILL but the groun
upon which we proposed IL and upon which my RICH
(Gr Glsdttone,) concurred, (hear, hear was that In
country whose army raised by voluntary enstnen
and not by conscrpton, the of rapidly ncreasin
the number soldiers did not exist 20 such extent
render a recourse to Other means unnecessary. Tha
bill having become law, il became the duty OF
her Majesty's government TO carry II into effect.
We heard that there were a number of persons
residing in the United Statessome Of them British SUBJ
iecs some Germans-who had removed from their own
countries from various causes, who DESTROYS Of
Joining the ranks OF the Brithh army, and 10 take
part in war which they considered to be rightfu and
hnur A.tap nfpaAsa rAna.
avail ourselves OF the aid OF those persons and my
right honorable friend mr. Gadstone) and those who sit
him parties TO that determination. (Hear,
hear.) cannot allow my right honorable friend, who
must admit that he party to the ablshment Il
recruiting system Nova Scotia 10 that that system
intended solely for the enlistment Of British subjects
resident In tho British provinces, but II was intended
distinctly and avowedy 10 enlist persons coming from
the United States and cannot allow my right honorable
friend TO own himself party 10 that arrangement with.
out having been OF the results that dow from
IT, CTIear, hear) That system was determined upon
but at the time the government determined, also,
that nothing should be done that variance with the
municipal laws Of the United states. distinction has
been attempted 10 be drawn between national law and
municipal law, between the internal regulation and
the sovereign rights OF nation; bat that sophistry
has been blown away by the speech Of my honor
who demonstrated In the clcarest that municipal
Jaw could Lot be construed beyond its enactmens and
therefore II H. faacy to say you conform 10 the
uicpa law forbiddng erhsmcnts and yet be violating
international rights. as the municipal law OF the
tpiicd states Violated? maintain that IL was not. II
not violated by order 81 this govcrnmentt not
violated In consequence Of any instructions issued by
them to their knowledge by any officers acting under
their instruc,on II ia ccntended that IL violated by
their officers acting ndhcreety and with zeal.
Those officers deny that assertion and according to their
Interpretation Of the law Of the United States IL Is manifest
that they did nothing at variance with that law. Who Is
10 interpret that lawf II Is ga that ere counsel
who gave opinion; but there was also Judge who
opinion; and Judge Kane knew then what the
law Of the United States was thtn is clear that nothing
cone by agents that "A violation OF the law.
II ia said that Judge Kane afterwards altered his opnien
Sut when that In September. lie gave his
nrst opinion In May. Our operations ceased in
July, and therefore, so far az the conduct OF the
officers Of this government IL concerned that borne
by the high authority Of Judge Of the United states
II s also said that notwithst adng, proof given to
the government Of the United States that things
which were violation OF their laws. No doubt
things done in violation OF the laws by persons
authorized to act by any person commissioned by the
british government Prosecutions took place. aud In
eme tley succeeded, In others they failed II has
been sad that prosecutions could be instituted against
Mr.. Champion, because he was protected by hs dipo
ratio character That argument does not apply to the
tonsus. II they had, Is contcnded by the United
states government violated the law, why they not