The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-29

success, by the efficient aid of officers of the
British government, Mr.. Marcy very naturally
grew more savage upon the subject, and called
upon the British government to disavow these
acts and to punish the offenders; he demanded
that prompt and effective measures should be
taken to arrest the proceeding. He explicitly
required the discharge from service Of all per-
cons who were enlisted in the United States
or who left the United States for the purpose of
enlistment. He says the United States will not
permit any discussion of the question whether
Great Britain shall employ officers and agents
TO recruit her military forces within our limits,
in defiance Of our laws and Of our sovereign
rights.
1t 80 happened that on the very day follow
ing the date of this despatch-that is, on the
10th of July-Ar. Buchanan received q note
from Lord Clarendon, in which he expresses
the regret of his government if the law of t. .
United States had been in any way intrin ged
by persons acting with or without their autho-
rity, and says that any such infringement was
contrary to the wishes and to the express in
structions of the British government. He
them proceeds to state that the British govern.
mept had received information that many sub.
jects Of the Queen in the United States, and
also many foreigners, were anxious take part
in the war; and that, therefore, depot for
their reception had been established in Nova
Scotia, but with stringent instructions not to
violate the neutrality law of the United States
He admits that various persons had
undertaken the recruiting business in the
name of the British government, whose acts
we're, in many instances, undoubted violations
of the law Of the United States, but asserts
that such persons had no authority whatever
from any agent of Great Britain. He quotes
at length, and comments upon an opinion
given by Judge Kane, of the District Court of
the United States for Eastern Pennsylvania,
on the 22d OF May previous, in some prelimina-
~ proceedings in the case of three recruiting
agents indicted in Philadelphia, viz.-Buck
nell, Perkins and Hertz-whch opinion he
enormously supposes justifes the course Of
his government. He says that Mr.. Champion
was directed to issue strict orders to British
Consuls in the United States to be careful not
to violate the law. Finally, in conclusion, he
says that the British government, having rea-
son to think that no precautionary measures
could etfectualy guard against some real or
apparent infringement OF the law, had deter
mined that all these enlistment proceedings
should be put an end to, and had given orders
to that effect before the receipt of Mr.. Blu
chansn's note. This determination of the
British government to put stop to the bust
ness was, about fortnight afterwards, an
Dounced in the British Parliament by Lord
Palmerston.
About this time the enlistment business
assumed graver aspect ia consequence Of
Information communicated to our government
which showed clearly the long continued per-
sonal activity Of Mr.. Champion in its
superintendent. This appeared by reports
from the United States District Attorneys
in New York and Philadelphia to the Attor-
ney General. After examination of these re-
ports, in a letter dated August 6, 1855, the
President required the opinion Of the Attorney
General whether or not the acts reported were
national sovereignty and neutrality, and espe-
cially what legal responsibility, if any, those
acts devolved on the British Minister and the
British Consuls.
On the 9th of August following Mr.. At
torney General Cushing replied at length.
This opinion we consider the ablest that Gen.
Gushing has produced. We will give it in to-
morrow's HERALD. 1t is full of learning-clear,
concise and conclusive. The legal profession
Of the United States-not one of whom should
omit to read this psper--will concur with US,
we venture to predict, in the estimate which
we put upon it. 1t consists, principally, of the
citation OF authorities; but they are all to the
point, ard leading one, step by step, inevita-
bly, to the conclusions set forth. He demon
stTates:-
On the first branch of the subject
]. That the acts of enlistment in question
county
2. That those acts, if permitted to one belli.
ger ut must be permitted to ALL in observance
Of impartial neutrality.
3. That if undertaken by Great Britain as
as government, they are national violation
Of our territorial sovereignty
A. That all agents Of the British government
participating in such acts are not only guilty
Of a criminal infracton of the statute, but also
OF violating the sovereign rights Of the United
States.
In the second branch Of the subject he dis
cusses all the legal relations of the conduct o.
the British Minister and the British Consuls,
and concludes that the Consuls are amenable
to il dctmt mt, but that the British Minister is
not. As to the latter, he explains, at length.
all the responsibilities, legal and diplomatic,
which attach to foreign Minister charged
with Illegal acts or acts injurious to the sove.
reignty of the United States.
Next in the order OF date comes o letter
from Mr.. Marcy to Mr.. Champion, September
8. 1855 communicating To Mr. Cramnton tho