The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-01


In rsqard 10 recruiting FOR hs British army within The
limited States ogetsr pbh he documents and stdRee yela-
tcs 10 at subject communicated 70 the Seaate Of the Uni
led States he 2sh Fsbrtary 1856,
[IE coSuSuAroS1 a..
Lord Ctareadoat to Mr. Crampton.
rNo 2T21 FoREIGs OFFICE,
November l6 1855.
sR In my despatch to you No, $50 Of the I'd instant
enclosed the copy of despatch from Mr.. Marcy, which
had been read and placed in my hands by Mr. Blu
chauan .a =. - su
II will bo proper to state that when 1t read TO me by
Mr. Buchanan | had no cogrianee Of Mr. Marcys des-
match OF the 18th Of July which il aludes and of which
copy also transmitted TO you and, upon my observ
ing this Mr. Buchanan he said he had not thought it
necessary 70 10 me- os before had reach
ed him. he had received my of the leh of July which
he thought would finally settle the question that had arisen
between the Two governments. #4# II .a. 4a- .
Her Maiesys government shared the opinion Of Mr..
Buchanan They did doubt that the ifank expression
of their regret for violation of the URed States law
which, contrary to their instructions, might have taken
place and OF their determination to remove all cause for
further complaint by putting end 10 all proceedings for
enlistment would have satisfactorily and hunorably termi
mated difference between governments whose duty
10 maintain the friendly relations hich have hith
ero and to their great reciprocal advantage happily sub
sisted between Great Brtsin and the United States But
this expectation has been disappointed and spirit
altogether variance with has been manifested by the
of the United States her Maestys government
while they fully appreciate the friendly motives which
tuated Mr. Buchanan, disposed 10 regret that he
IL
ed their attention to proceedings against which the United
States government thought itself called upon to
and which would Mt have been inquired into
her Maiesys government in matter which concerned the
law of the United States scrupulously desirous that
no just cause for complaint should arise.
This despatch, however of which Mr. Buchanan has
given copy together with Mr. Marcys despatch of the
18th of October have been considered with all the at
tenon that is due to them; and in conveying to you the
opinion of her Maestys government shall endeavor TO
exclude from discussion the subjects which foreign
the question Immediately at issue and which might lead to
irritation and this viii be the proper her
Mastys government observe with satisfaction that Mr.
Mareys of the 3h Ocoher framed 10 the tone
OF hostility which characterized bis note OF the 9th ot Sep
tember to you. ar sa
1t appears that two distinct charges are made against
the officers and agents of her Majesys government:
First That they have within the United States territory
ufringed the United States law and secondly that they
have violated the sovereign territorial rights of the United
States by being engaged in recruiting" fer the British
army within the United States territory.
Now, With respect TO both these charges have to OBJ
that the information possessed by her Maesys
erument imperfect and that none OF definite character
has been supplied by the dispatches of Mr. Marcy nas
much individual British officer agent is named
and no particular fact or time or place is stated aud 1t Is
therefore impossible at present know either who is
cused by Mr. Marcy what is the charge he makes,
what is the evidence on which be intends to rely.
Her Majestys government have of knowing
who the persons really indicated by the general words
ofers and agents of Der Maesiys government whether
such persons those who have been under trial the
only persons meant to be charged not who else is to
be included what evidence against them is relied upon
by the United States government
IL true that you and her Maestys consu person
ally charged in Mr. Marcys you of the 9th of Sep
temberi but neither you they alluded to in Mr..
Marcys despatch of October 10 to Mr.. Buchanan, which
might not unreasonaby have been expected il really he
the intention Of the United States government to charge
you them with being maeiactors sheltered from
veton 10 use the official language Of the United States
Attorney GENERALLY
They must therefore request the United States govern
men to make and establish distinct charges, with
proper specification against particular individuals by
and hat ,fxztn 4 1anv
the justice and the necessity Of giving each person imp
Gated the opportunity of knowing what is alleged against
himself and of dealing with the evidence by which the
charge may be supported
shall accordingly abstain from Offering the remarks
which peusa Of the evidence at the trials and the
character and conduct Of the witnesses have naturally
suggested will observe upon the temper and spirit
in which the officers Of the United States government
have throughout proceeded and which displayed their de
sire rather TO influence the public mind against her Ma
esys government than simply 10 prove the facts
sary convict the accused parties this and spirit
being the remarkable when II remembered that the
proceedings complained Of had been for some time definite
y abandoned OF Difference 10 the United States gov
ernmen and that the question TO be determined the
character aud complexion Of done many months pre-
viously, under astate Of things longer existing.
With reference TO the second charge made by Mr. Marcy
namely that Of violating the sovereign territorial rights
OF the United States by recruiting for the British army
within their terriories'l have to observe that apart
from any muoepal legislation in the United States the
subject OF foreign enlistment in the entire absence Of
any such legislation, Great Britain, begorent nation
would commit violation Of the sovereign territorial
rights Of the United States simply by enlistng a soders
wthn British traory persons who might leave the Uni
ted States territory in order enlist The violation
alleged u the recruiting tsaH he United States but to
assume that there in TACT any such recruiting THAT
is, hiring retaining by British oncers) is 10 beg the
question.
appears to her Maicstys government that provided
only no actual "recruitng7 (hat is eustng or hiring
takes place within the United States British officers who
within the United States territories might point out the
routes which intending recruits should follow or explain
TO them the terms upon which they would be accepted or
publish and proclaim such ters even deay their trav
elling expenses do similar nct could be Justly
charged with violating such sovereign territorial rights
has been legally decided in the United States that the
desires TO enlist in foreign port docs not come within the
neutrality law Of the United States and that pcrson mny
go abroad provided the enlistment be In foreign place
having accepted and exercised commission.
1t would indeed be violation OF territorial rights 10
enlist and organize aud train rs British soldiers with
IN the United Satesand whether not this has becu
done by British authority the question involved in the
hrst OF Mr. Marcys chargebut 1t is decidedly viola
on OF such rights persuade 10 assist merely 10
leave the United States territory and 60 into Brtsh ter
ory In order when they arrive hoe either be voun.
ary enlisted in British service n their dore-
non There can be question that the men who went
aaX were Tree and not compelled to be soldiers their
arrival upwards OF one hundred lrshmen in body,
or instance her Maestys government ale rightly
tne refused to enlist arriving there and said they
came W order TO work railway They were therefore
oot enlisted hired retained b soldiers In The United
Vsi no attempt was made to enforce against them any
''Sn contract or engagement ~.
MI mt. Marcy cites authority for the position he has
en, g = "a relation TO this particular doctrine Of the
oct S foreign enlistment on sovereign territorial rights
"ut the practice haa lIv "a