The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-01


for or under aid Ct any foreign prince govern
ment or agres TO or embark from any place
in the British domnon or the purpoes or With the ~
ever, person oen6 Ing sbal b deemed guilty Of mis-
derpesnor. punishable By inc imprso1ment, at the
dscIeisn q The court having urisdicon Of the ast
We IN the United states acting in tho sense Of natu.
:s light and following the ruas Of public Law ~ explain
ed by the ursts Of continental EUROPE asserted and
tsblhed nis doctrine At very early period. In oppos
ton TO the undertaking Of the French government,
through its Minister Genet, 10 man or equip cruisers
June II, l793 American State Papers, For. A. vol
154) And judicial text books full and explicit
%su1s s Conn ' POM Il obvious to the NOS. SUPER
fetal rehe:tion th distinction Of principle exists in
the evy Of military force in the neutral country - be-
raise within The United States volunteers for her land
service Russia may raise them for her marine
that - may lit out IN our apa r,st s
tain we must in ke manner in order to % impartaly
neutral, concede the latter privilege to Russia
not be forbidden or permitted under the influence Of
assumed national sympathies or sntfpstes indvidaai
or sssssn Iss .&s
honorsbIy practise q simulated neutrality; nor can
eissembled alliance be claimed expected a. either
From the we'll established rules and splss of law,
then, 1t Is pain TO conclude: =
J. The enlistment in question are contrary TO the mu-
Those acts permitted 70 one oeiserens must % per
Being in The United States ar therefore not
%an Ssy sora Just esuss OF Ssr Beng aec VIC
ao The YER Of enc naSn ~ yySser
ea or " official acting voluntarily Or By o.des nave
Of BE saSn aS but so II The Of
violating Of the sacred rights of the nation.
presume that it. in the present case, the British
Minister magnee that the performed under his d.
rsctcn not contrary to the municipal law, 1t must
be the ground that the recruits we're not completely
enlisted the United StAtes-that is did not here,
in ali form, enter the military service Of Great
Britain. That assumption is altogether erroneous The
statute express that any person shall hire or retain
the United ates with intent to be enlisted entered
into the service of any foreign State he shall deemed
Il L possible. also that he nay have supposed that
solemn Of bring in the United States is necessa-
ry constitute the offence. That would be mere deiu
sion. Tie words Of the statute are, shire or retain
It is true our act pess does not expressly say -
the British act of Parliament does, "whether any enlist
mens pay or rss.ra ia n oaS Ossa sn
was necessary to inert these words party may 90
retained by verbal promise, or by invitation, for de-
evaded or set at nought BY elaborate eontryances
gage without enstipg, to retain without hng 70 invite
without recrutng TO pay recruiting money IN iacs nas
the like 1t would be idle to acts OF Congress for
the punishment of crime or any other offence.
However this may be- and if such were the thought OF
the British government it has not been successfully car
ned out fer the evidence before me- including the
general instructions Of the British Minister and his d.
rect with recruiting officers In the United
States and others opinion positive that the parties
have made amenabe to the Penal'ies Oh ne
statute, and may be convicted before any competent
court OF the United States.
It's further to be observed conclusion OF this branch
of the subject that whether the acts OF the British Minis
his agents. in recruiting troops within the United
States do or within the technical provisions
of the act of Congress- Is altogether immater1al ee
question ct right
of the letter Of penal statute intended only for private
nalefactors. the British government should neverthe-
levy troops here the fact of tie tute being thus
defeated and tramped under foot would only TO
augment the public wrong.
Suppose for instance that the British government shan
have laid to its officers civil military, In the Brisn
North American provinces and its or consul
agents the States You will proceed to raise
do 50 is FORBIDDEN by the municipal Law of that country
and is inoictable - misdemeanor you will therefore
take to cautiously in this 40 as not to incur
the penalties Of the statute. Such instructions, while
they might have the effect Of raising the troops rs de-
aired by the British government without its agents in
curing the penalties Of the statute would but Sons
tute fragrant and ated violation OF tue ma
tionsl dignity and the sovereign rights o. the nsea
States In TRUTH the statute in this matter is OF but Sc
reign right Of the United States 70 exercise complete and
exclusive Jurisdiction within their territory to re-
main strictly neutral they please, in the face OF the
warripg nations of Europe; and OF course not to toe
rate enisments In the country by her OF the beige
rents whether for land sea service II there be local
statutes to punish the agents petio to such enlist
mems 1t is WE'LL but that is domestic question for
and does not concern any foreign gover
ment. All which il concerns q foreign government to
know is whether we, government permit such en-
lstments 1t is bound to asK permission OF us be-
fore coming into territory to raise troops for
it own ssrss II has nc o. 10 mot aas
e ALL has it the right to take notice Of the statutes only
to how may derive by which to evsde them
Instead of this 1t is bound not only by every copsderA
ton OF international comfy but of tae scest interim
tional law, respect the sovereignty and regard the
public policy OF the United States.
tho amt of
European struggle between England and France near tue
close OF the last century the French Convention assumed
recruit marine forces in the United States. 1t held
by President Warrington and by his secretary of State
Nr Jterson) explained in the correspondence here
inbe!ore quoted that by the law Of nations, IN virtue 0.
our 81 vere'gny, and without stopping to enact muni-
cpal laws the subject had full right to repress
and refe fol egn enlistments and corero, that the
attempt to make any such enlis niens was an act OF
gross national aggression tho United States.
When foreign ernment By It's agents enters into
the Urted States TO perform acts in violation OF our
acts not made penal by municipal Jaw, that is grave
national rdignity and wrong. II, in addition to this,
suh foreign government knowing that penal statues on
the subject exist deliberately undertakes to eysde the
municipal law and thus to battle and bring into disre
suect the internal administration Of the country in such
the foreign government not only Violates but in
suits our national sovereignty.
repeat then tatif It we're to he supposed that tbs
British government had lar forgotten what is due to
its dignity instruct its agents within the terri
tories Of tho German Bund in the Netherlands in the
United States to enlist recruits without respect f1r the
local sovereignty but with care to AVOID or evade the
letter Of local statutes instead Of Diminishing, that
would aggravate the injustice and the iegsly OF the
proceedr In the eye OF the law of nations and the in
tensy Of the pub wrong regards the neutral sta
thus converted without their consent, into recruiting
ground for the armies OF Great tain.
Such Instructions would be derogasory to the puoc
honor another respect. They presume that the United
States Without beconing the open ally of Great Britain
v, by connivipg nj the OF is te,rits for beige
rent purposes while processing neutral y, thus carry
already fntimased, dishcnoraole war In disguise
against Russia.
1t appears however that the British government find
ing IL impossible to keep the ranks Of its army Oiled by
voluntary enlistmens and being 10th TO encounter the
responsibility Of law for consciipton Drafts mi
lta for periodical service Of its able bodied
or for any other systematic method Of raising troop
rom its population, introduced into Parliament
bill entitled IAN act to permit foreigners TO be enlisted
and to serve officers and sooiers in Her Majesty
forces but which was in fact bill to authorize the 60
vernnent 10 employ agenS to carry on recruiting
vice in the neutral states Of Europe and America.
The law earnestly objected to in ts progress
insulting to neutral states and derog atory to the natoa
dignity but passed nevertheless the I'D Of De-
cember 1854. (Hnsards Debatee, third series,yoi 13G
pass'm)
At an early day after the passage Of this act