The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-23
The E1giish En2istuaent Question.
TO TIKI EDITOR OF THE HERALD.


TO TIKI EDITOR OF THE HERALD.
Il has been prstty generally assumed Of late by the
newspaper press Of this country upon the supposed
authority Of the opinions Of Judges Kane and ngsrso
and Mr. Attorney General Cuzhing that It is uoawfui to
assist induce any leave the United states for
the purpose Of snstng himself the service of foreign
government and before Judge Kanss decision in Phi'a
dslpha in the of the United States Henry Hertz
the Attorney General Of the United States in osis
letter dated Attorney Generals Office, September L.
1856, and addressed Mr. Van Dyke the District Attor
ney, at Philadelphia insists that if the letter of the
law had not been violated BY the agents Of the British
government the spirit of the law had been evaded Tie
Presidents message also takes the Same ground
propose, with your permission, to Inquire what is
the true spirit and meaning OF this law which
so differently understood by the agents of the British
government ON the hand and of the1 Amercan
authorities the other.
win, presume, be conceded that any person in the
United States has right to go abroad and serve any
foreign army; so that it until recently under
stood by the public that 1t criminal t. advise IN
duce, persuade, assist men to 60 abroad for that
purpose
1t occurred to me- for instance that the act of
Congress passed in the year 1918 eenAcng the law of
June s, 1870, which provides that no person shall
Shire retain" another to 60 out OF the United
States with intent to be enlisted" would be construed
to mean that should not be allowed recommend or
assist poor unemployed Engishnan Ia New York to
60 TO Canada to enlist in the British army. supposed
that the act merely designed to prohibit contracts
to enlist contracts to 60 abroad with intent to be
enlstedthat is to say, TO prohibit what is commonly
known recruiting"
1t appears, however, that must have been all wrong
IN this idea Judges Kane and Ingerso Mr.. Attorney
General Gushing, and the President have rightly inter
peted the law and even If they have not the Attorney
General will Insist that my act would be invasion OF
the spirit of tho law
ton taking for granted what Is not In the slightest
gree probable that Congress intended prohibit
any one from advising inducing perauading or assisting
another to 60 abroad to enlist
The first question which naturally arises is, if su,h
had been the intention Of Congress- would not appro-
pirate words have besn used-would not the Law have
prohibited such acts in direct terms, instead Of merely
prohibiting acts OF hiring or retaining
The English statute 90 Geo ILL.,, C. co. makes
it miscemeanor to attempt to get others to
60 abroad to serve foreign prince but then the
agreeing enter into the service of foreign prince
people. II qse clear that Congress- did ntead
70 maze auen law rs nas ie The Of the
power OF Congress to 60 far that might we'll be
DOUBTED Nor has State of tue Union yet deemed 1t
neeessaTy proper prohibit s cizens from serving
IN foreign armies And no such prohibition being in
istence Law has been enacted by any of the States
making penal ADVISE assist citizens 60 abroad
to enlist 1t is evident, moreover that such Ia would
be rank absurdity so long Is the citizen is allowed to
60 Of his own accord.
In the Of Hertz tried before Juge Kane in Phila
dlphia the instructions alleged to have been given by
the Br'sh Minister to the witness Strobel contained
the following
g Memoranda for the guidance OF those who are
to make known 10 persons in the United States tue
terms apo conditions upon which recruits will be
ceivet into the British army
The parties who may go to Buffalo, Detroit or Ceve
land for this pupo.e must clearly understand that they
must carefully refrain from anything which would CON
stituta violation of the law of the United states
2. They must therefore avoid any act which might
bear the appearance Of recruiting within the jursic
ton of the United States for foreign service OF
ing resinng anybody to leave that jurisdiction with
the intent to enlist In the service of f0rcign
these acts illegal by the OF Congress- 1873
sec. 2
a. There r,us; be collection embodiment of men or
organization whatever attempted within that utsdic
ton.
s. No promises contracts, written verbal on the
ject If enlistment entered with apy per-
within that jurisdiction.
, The information to he given viii be simply that, to
those cesng to enlist In the Britieh army, faces will
be afforded for doing their crossing line
British territory, aud the terms offered by the British 60
vernn ent may stated matter Of informant, only,
and not az implying any promise or Engagement the
part Of those supplying such Information long least
as they remain within American jurisdiction"
This appears to De MIR. Cushng's authority for the
statement 10 his letter before referred that the go.
OF Great Britain with ordinary inatenton
t;n grave ., ,ts aS. the sgrant v,o
posed it sufficient justification Of what it has done
reply that 1t gave instructions to its agents pro
ceeo as not to infringe municipal laws" and he
tnues But il the British u,ent has by ingenious
contrvances succeeded in snelteug its agents from
viction uaIeactors it has 10 doing doubled tha
magnitude Of the national wrong inflicted on the United
Staies.r
The Attorney General assumes in the first place tpat
the acts authorized in the before cited instructions
would be evasions OF the municipal this country
and secondly that such acts constitute violation of
sour sovereign rights IS a nation"
No reasons are given by Mr. Cushing for either of thsse
propositions
In a second letter to Mr. Van Dyke dated Attorney
Generals office, 18th Sept, 1885," ne says: desire to
make further suggestion in regard the Trial Of parties
charged with recruiting soldiers in the United States for
the service OF the British government.
1t is known that instructions on this subject
given by that to its officers in the United
states We told by Lord Clarendon that those off
GERS had stringent Instructions proceed
violate the municipal lawhatis Is, to violate s spirit
,ate the ereign rights of the United States.
But in the meantime every Consul Of Great Britain
in the United States by the avowa of his
subject to the just suspicion OF breach Of law"
am unable 10 and Mr. Cushing does not attempt
to show how tbe sovereign rights Of the United
per desiring enlist in the British army If
The giving of that information and assistance be pro-
II ~or,y of observation that these letters of Mr.
Gushing, which were very improperly read by
Mr. Van Dyke iS in sss, in
oficious and not properly official. The dnties of |
the Attorney General presc bed by law aud ia
trict Attorneys; and many Of Mr. Cnshing's predeces
have refused to give such opinions nstru
principal object in writing the letters to Mr. Van Dyke
evidently to have fling at the British government
and its agents. But Mr. Gushing appears to have
been oudone by Judge Kare who Is reported to have
charged the jury as folovs:-
"our people and our government have been accused
of forgetting the obligations neutrality and pushing
ourselves forward into the conflicts Of foreign nations
end leaving bepgerents to fgnt their quarres
For one confess that felt surprised, this case ad
vanccd to learn that during the very that these
accusations Illuminated againsr the American
people BY the pres of England there the part
uents in progress carefully dgested, and combining
all sors Of people, under almost all sorts of influences
TO evade the laws of the United States by which our
country sought to enforce its neutrality arrangements
matured upon careful inspection Of the different
tans Of statutes ingenousy TO vioste their spirit
and principle without mourning their penalty and thus
enlist and send away soldiers from neutral shores
to fight the battles of those who nenty aud
not courteously admonishng to fulfil the
duties Of neutra atty.
al sllude to these circumstances and this train