The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-26
have no doub. that Improvement will be the conse.

have no doubt that improvement will be the conse.
quence, II tha4 il possible.
The silence and inacti0n Of the palace seem to
have spread through our CITY, injecting all grades of
authority, OF which midnight murder and robbery
have the advantage, IN cases too numerous to men
ton. Exchange on Northern cities, retrogressive,
7sc to Ssc discount Sugar stocks as last advised,
aud figures the same Freghts have still further
declined, and no prospect of rallying, there have
arrived several large carriers in few days past.
Our health-fever cases not many, probably for
want Of subjects in the city. In the bay the NOR
taity has been excessive, more owing to want OF
proyi6ent care than to the malignaty of disease.
Men sent dead or dying to hospital cannot be saved
by human skill.
Finale or the Crimean Enllstment-PardOn
OF Wagner aud the Reasons Therefor.
The President has pardoned Wagner, the only
person convicted for being engaged in enlisting in
the United States for foreign Power In the Cri-
mean war.
The following communication on the subject has
been transmitted to the United States District At.
torney at New York.
ATTORNEY GENERALS OFFICE, July Is, 1855.
SIR-The President directs me to say that he has
decided to pardon Wagner, now under sentence,
convicted OF illegally enstng recruits for the mill
tary service of Great Britain. The international
question which grew out OF the general fact of the
enlistment of troops in the United States for the
Bf1tl8n service having been happily ana dmlcaDly
disposed of in manner honorable to both countries,
and the British Minister, Mr.. Champion, and the
other official persons who directed participated in
the acts violating both the municipal law and the
national rights of the United States having ceased
by the order of the President to continue to exer
else any official function near this government it has
not been conceived to be necessary, in any con-
sderation OF the subject, to pursue further the
In the professional opinion which Mr.. Champion
obtained for his guidance before entering upon the
measure in question, and which he communicated to
the Earl of Clarendon on the 18th Of March, 1855,
he was informed
By the second section Of the act, TACT OF Congress-
goth OF April 1875 commonly called the Neutrality act,
Sd statute 447) person enlisting himself within the
the case of 4 eomnete enlistment within the United
States both parties 10 which contract offenders But
it apparent that II the statute stopped here nothing
would be easier than 70 evade its provisions Good faith
required that should possible be made to reach and
prevent the mischief against which 1t d.
70 shire or retain any person 70 gobeyond the limits or
jurisdiction Of the United states with intent 70 be enlist
ed The offender in this case Is the party hiring or re-
taining another to Co. &c, with intent &c, and 1.-THE
oeLce) complete by the fact Of such hiring retain.
ing whether the party hired retained actually 60
abroad and be enlisted not Tho proof heoeof would
ordinarily be found at hand If found at ALL and might be
drawn from the other party to the contract who could
nterpose no objection on the score OF eliminating him
seh since 70 him there offence except by enlist
ment within the United States which the supposed
excludes wThe danger of volunteer witnesses among such
But the question isf what would amount to hiring
retainingt These words in this particular connection
would be construed with view TO prevent the evasion
the statuteths being the evident intention Of the pro-
hibition considering
IN the United States IS. Quincy 70 Pcters) a case
under the third section Of the act, the supreme
Court proceeded in that spirit OF construction
think the words shire retain susceptible OF q
very broad Interpretation in such statute. /
incline TO think they would be held 10 reach
ever, OF payment, expenditure other valuable
consideration however ngeniousy devised, moving from
tue parties charged to another person. to the end, and
with the intent that each other should go beyond &c.
DO ut fdcidsn or 'Facia al facids The facts and cir
cusances tending 10 prove the offence, however ncon
Siderable being given in evidence, would be for the
jury iof nd the intent. If there any
fact enoipg prove the offence, they must be submitted
10 the jury, and the Judge could do no less
than charge them that scheme device
TO the real nature Of the transaction, they
through clearly could relieve them from the duty Of
convicting the When consider the neces
sity OF something Ike an inspection the unavoidable coin
cidence Of numbers Of migrants the malice Of rejected
applicants the inducements to treachery, the natural
vigilance Of certain portion OF the community on such
matter and through them the action Of the and Of
the police think the least TO be Appreciated Is prose-
cuton whatever It's results and In that event the
nection OF any official person, however indirectly or
family traced would more than counterbaance the sd
vantages proposed
In my letter of instructions to you Of the Esd of
March, 1855, 1t was also said -
Il perfectly clear that any such enlistment contrary
TO Jaw. If the troops recruiting for Great Bri-
tain in New York intended to against Russia
the undertaking a violation Of neutrality and f not
st it |, violation Of the sovereign authority Of the
Uuited States.
All these provisions of the character aud conse-
quences OF the acts undertaken. including those
mohtory contained In the professional opinion
furnished to Mr.. Champion, have been verified by
the decisions Of the appropriate judicial tribunals Of
the United States, and are now mere facts OF his
tory.
Under present circumstances, therefore, no ext
Gency Of domestic policy forbds that which Is not
cousonant with the feelings Of the President in re-
that nothing shall remain Of any criminal proceed.
ipgs connected with the late subject Of controversy
between the British and American governmental.
In this view he has already ordered the various
pending prosecutions to be discontinued and he now
desires that you win forward an abstract OF the con-
victon and sentence Of Wagner, upon which there
may be issued to him pardon in due form. have
the honor to be, respectfully, c. CUSHING.