The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1856-03-20
The Enlistment QuestiOn-Secretaiy
Marcy.

10 Lord CLARENDON by Mr. B., as the views Of
the American Government on that subject. II
is very lengthy, and like all other state papers
efnanating from Gov. MARcY's pen, unanswer-
able The despatch Of the Secretary Of State
is a formal answer to a despatch Of Lord CLAIR
gNDoS to Mr.. CRAMrros, which was com
munica,ed TO our Government BY the British
minister. One BY one, the positions Of the
British premier are considered, and the srgu-
ments advanced rebutted
Lord CLARksDos, for instance. maintains
that the English government "rnay authorize
agents to 10 anything within the United States
short oil enlsting and organizing and training
men a. soldiers for the British army, with per-
feet respect to the sovereign rights Of this
country" Mr. MARCY dissents from this posi-
tion and says:
This proposition is exactly the reverse OF that
maintained by this Government. which holds
that no foreign Power whatever has the right
to do either Of the specified acts without its
consent. No foreign Power can. by its agents
or officers, lawfully enter the territory OF an
other to enlist soldiers Tor its service, or organ
ize or train them therein, or even entice per
Sons away in order TO he enlisted, without cx-
press permission.
This, as a rule OF international law was con
sidered 50 well settled that it was not deemed
necessary to invoke the authority OF publicists
to support it. am not aware that any mod
ern writer on International law has questioned
its soundness. As this important principle is
controversial by Lord Clarendon, and as its
maintenance is fatal To his defence Of British
recruiting here, propose TO establish il by a
reference to lew elementary writers Of emf
nence upon the law Of nations.
The Secretary then refers to standard author
tiles on matters Of International law, such a,
VArrgL, WoirIrs, and others, all Of whom
support the position. assumed by the American
Secretary.
Lord CLARENDON objects to the American
Government seeking redress and insisting upon
it, AFTER the proceedings complained Of viz the
enlistment OF soldiers within our Territory,
have ceased, and by the interposition Of the
British Government. To this Mr.. MARCY re
spends
This act THE REIMBURSEMENT Of all attempts
at enistment) il regarded by her Majesty
Government as favor for which the United
States are not sufficiently grateful II il he a
favor, then the recruiting. carried on as it was
by British atbority in the United States, was
the exercise Of q right. The application was
made TO her Majesty's Government TO discon.
time recruiting by its officers because il was a
national offence. This Government cannot re-
ceive the mere suspension Of wrong-doing, even
II unintentional us q favor, and consequently
docs not consider Lord Carendon's reflection
upon il for not receiving IL as ut all deserved.
As the proceedings for raising recruits for the
British service in this country resulted from in
structiois to her Majestys officers here and in
the British Provinces issued by the Minister
Of the Crown for that purpose, the order 10
discontinue them is regarded as a mere oct Of
justice, but in no respect a satisfaction Tor "A
past injury.
This Government asked, az a part OF the
satisfaction due TO it from Great Britain, thai,
the men who had been enticed, contrary TO
law, from the United States into the British
provinces, and there enlisted into her Majesty 5
service, should he discharged. A casual read
ing OF Lord Clarendon's despatch Of the 10th
Of November may convey an impression that
this demand has been acceeded TO; but such is
not its true import The language Of that de-
spatch Is as follows "If itcan be shown that
there are persons now in the foreign legion
who have been enlisted, or hired, in violation
Of the Cnted States law, as well as Of British
las, her Majesty's government will be prepared
to Offer them their discharge" The offer is
not 10 discharge them If it be shown that they
were enlisted or hired in violation Of the law Of
the United States. That fact would be of no
avail. unless il were shown that they were also
enlisted or hired in violation Of British law
This is no concession whatever to the govern
ment OF the United States; for il the men were
enlisted or hired contrary TO the law of Great
Britain, no antccedtnt transaction within the
United States would strengthen their Just claim
10 he discharged. The single fact Of having
been enlisted or hired in violation Of the Uni.
ted states law would not be available under this
offer, unless the further fact be shown tina, the
enlistment was also in violation of the British
law.
Notwithstanding the Illegal means ghich
were used 10 enticc or deeoy them to leave the
United States for the purpose Of being enlisted
into the British foreign legion their Subsequent
enlistment in the British provinces would he
valid according to the British law. Under
this offer by Lord Clarendon, probably not one
Of the many hundred men who were induced.
contrary To law. TO leave the United States
and go 10 the British Provinces. AMI were
there enlisted, could obtain his discharge. ri.
ther on his own application or on that Of this
government. THIS offer Of her Majestys Min.
ister does not, therefore. in any respect meet
the demand of this government.
Again--Lord CLARENDON says:
That as soon as il became apparent that
the United States Government was adverse TO
the scheme, and that i, nigh, lead to violations
OF the United States law. the whole project
was abandoned on, OF Difference 10 the United
States but this conclusive proof Of the good
faith and good will Of her Maiestys Govern.
ment has not been noticed or appreciated nv
the Government Of the United States"
Mr.. MARCY says:
II the fact on which Lord Clarendon re-
lies for the proof OF good faith and good will
shall he shown TO be essentially diNeren, from
what be conccives il to be. be will understand
the cause why the Government does Dot aprre-
ciate il as be does.
In question OF this kind dates are impor
tant When did il become apparent that the
United States Government was adverse 10 the
recruiting scheme, and how soon thereafter was
il abandoned.
hope 10 he able to convince Lord Clar.
epdon tina, they were no, eoptemporancons
events that far the creates, number Of obrc. .
''ooable acts committed by the British officers
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