The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-07-30
THE Esd on THE BRITISH ENLISTMENT CUES
Tl0N.
The following letter appears in the papers q New
yark


ATg0AAET LENERALE OFBJCx
July a. 1856
sx The President directs me TO say that be has de-
cded 70 pardon Wagner under seuience convicted
illegally enlissng recruits for the military service Of
Great Britain-
The International question which grew out Of the gen
erA fact Of the enlistment Of troops United States for
the British service having bern happily and amcAby d
posed Of IN manner honorable 10 both oountreS and
he BRUSH minister Mr. Crampon and the other ohciA
persons who directed participated in the acts viola
ting both the municipal law and the national rights Of the
continue 10 exercise any official functions this
government il has been conceived be necessary
IN any consideration Of the subject 10 pursue further
the municipal offence Of subordinate persons concerned
In the professional opinsn which Mr. Champion obtain
ed for HE gudADce before euterng upoa the
qaesoa &nd which be communicated the Earl Of Clsr
sndOH on the lilh Of March, 1853 be was Informed
By the second section Of the TACT Of Congress 10Th
Of April 1919 eOmalonly called the neutrality act 3D.
Statale so person snsting himself within the United
States orsan service puAshable This the case Of
complete enlistment within the United Staics 10th par
ties 70 Which orenderz But il apparent that il
the stopped here nothing would be easier than
eEASe - provisions GOOD faith required that il should
possible, he made reach aud prevent the mischief
against winch il directed Accordingly il il made
equally oenee shire retain any person 20 be
y0nd the limits Jurisdiction Of The United States with
intent he enlisted The nder in this the party
hiring retaining another TO 60 &C. with intelt 6c and
tthe offence ceplete BY the fact Of such hiring
tAning whether TIE parry 50 hsa or retained actually 90
aroad and he enlisted not The proof thereof would
ordinarily be found hand found al all ard ht be
drawn from The other party the contract who could in
trrPose objection ,be score q eliminating himself
since him there Is offence except by enlistment
within the Unfed States which the supposed case excludes
The danger Of volunteer witnesses among such people
would also he very great
Bat tie question Is what would amount to hiring or
retaining These words in this particular connexion would
be construed with view TO prevent the evasion Of The
sattehis being the evident Intention OF the prohibition
considering
In the United States a. Quincy Is Peters case under
the third section Of the act The Supreme Court proceeded
retain susceptible Of broad Interpretation in such
incline 10 think they would be held 10 reach
every OF eHt expenditure other valuable
siderstien however ingeniousy devised moving from the
parties charged another person the end and with the
intent that each other should 20 beyond, 6c "DO NJ
ciasT Facla feczs The facts and circumstances
ing given in evidence il would be for the jury find the
intent If there any facts tend
ing to prove the offence they must be Submitted to the
jury and the judge could do less than charge them that
scheme device the real Of the
action they through il clearly could relieve them
from the duty Of conrictng the trarerser When
avodAble coincidence Of numbers Of egraut the malice
Of rejected applicants the Inducements to treachery, the
natural vigilance of certain portion Of the community
snch matter and through them the action Of the press
and Of the police think the least To be apprehended
prosecution whatever its results and In that event, the
eonnexion Of any Official person, however indirectly
family traced would more than counterbalance the nd
VantAges proposed
1855, ii Was also said:
II perfectly clear that any such enlistment is contrary
law. III the troops recruiting for Great Brit
ain in New York intended TO against Russia the
undertaking violation Of neutrality; and not
s il Is violation Of TIE sovereign authority Of the Uni
ted States.
All these provisions of the character and consequences
Of the undertaken including those mDnifory
tsned in the professional opinion furnished 70 Mr. Craup
have been verified h the decisions Of the appropriate
Judicial tribunals Of the United States and are now mere
facts Of history
Under present circumstances therefore exgency o.
domestic policy fords that which is consonant with
the feelings the President In regard the foreign rea
tons Of the sslecnsuey that nothing shall remain Of
any criminal proceedings connected with the late susect
Of consroversy between the British and American govern
neut.-
In this view be has already ordered the various pending
prosecutions be discontinued and he desires that
veu viii forward abstract Of the conviction and
q Wagner upon which there may be Issued 70 him par
don in due form.
hAv, the honor 70 b, respectfully,
C. CUSHING