The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-13


Il Is further 10 be observed 10 voncuson q this er.sse
Of The subject that whether The acu o. the hsli.s
and his aget s In recrehg troops Ntsnn tne Ns.sa
StaIFs Go or do h0trone within The tecbnieA n -
act OF Congress- is altogether imaaefal 70 the g1stea
international right Us between this government 40 M
Of Great Britain n by ingenious evAsons o. ne lees
penal statute intended only for private maeaetof ~
British government should nevertheless, levy wools hes
the facts OF the being thus defeated and snpsa
under foot would serve only 10 augment TIE Puph
wrong !, :,
have said 10 its officers civil military, IN the BRUSH
North American provinces, aud 70 10 diPomAue ~ eye
suar agents in the United States eiOu will proceed 70 fa
50 many men ia the United Satrs but remember that %
do so is forbidden by the municipal Law OF that country
and is indicable misdemeanori you will, the1siOis
take proceed cautiously ia this 80 Ss not 70 ineg
the penalties OF the statute buch instructions, Nbue
they might have the effect Of raising the troops az d.
sired by the British government without its agents IN
curing the penalties of the statute would but consu
lte more fragrant and aggravated violation Of the ma
onal dignity aud the sovereign rights OF the United States
In truth the IN this matter Is Of but secondary
count The main consideration Is the sovereign right
the United States 20 exercise complete and exclusive iaFs
dction within their territory; to remain strictly nca
trail If they please in the face OF the warning nations Of
Europe and of course to tolerate ensments IN the
country by either of the begerenls whether for land or
service II there be local statutes to punish the agents
parties such ensments, it is well but that Is do
nestle question for consideration and does not regard
any foreign government All which II concerns foreign
government know is whether as government per
such eusments II is bound TO ask permission Of us
before coming into territory Co raise troops for It's
service IL has no business 10 inquire whether there be
statutes the subject not Least OF ALL has II the
right TO take notice of the aues ony TO see how II may
devise by which to eyade them Instead OF this II
bound not only By every consideration OF International
comfy but Of The srictest international law respect
the sovereignty and regard the public policy OF the United
States.
Accordingly, when at the commencement of the great
European struggle bew England and France near the
close Of the last century the French convention assumed
TO recruit marine forces in the United States 1t was held
by President Washing ton and by his Secretary OF State
(Mr Jefferson explained in the correspondence herein
before quoted that by The law of nations in virtue OF our
sovereignty, and without stopping to enact municipal
laws the subject had full right to rpress and repe
foreign ensments and, congerso, that the attempt TO
make any such enlisimens act Of gross national
\ a2gi esson the United States
When foreign government by its agents. enters INTO
the United States perform acts in violation OF our sover
eighty and contrary to public policy though acts mol
made penal by municipal law, that rs grave national IN
dignity and wrong. IT. in addition this such foreign
government knowing that penal statutes on the subject
exist deliberately undertakes to evade the municipal law
and thus to battle and bring into diersect the internal
administration of the country in such the foreign
government not only violates bu, insults our national SOW
eregnty.
repeat then, that if it to be supposed that the
British government had far forgotten what due to It's
dignity Instruct its agents within the territories
OF the German Bund in the Netherlands ia the United
States enlist recruits without respect for the local
reigny but with 10 avoid evade the letter of oca
statutes instead of diminishing that would aggravate the
injustice and the llegay OF the proceeding in the eye
the law Of nations and the intensity of the public wrong
regards the neutral states thus converted without their
consent into recruiting ground for the armies OF Grea
Britain.
Such instructions would be defugatory to the publ,
honor in another respect They presume that the United
States without becoming the open ally Of Great Britain
WILL by connivng at the OF its territory for begeren
purposes while protesting neutrality thus carry al
ready intimated dshonorabe war in disguise agans
Russia
}, 1t appears however that the British government find
ing it impossible to keep the ranks of It's army filled by
voluntary enistmens and being 10th TO encounter the
sponsbility OF law for CONSUMPTION, draughts mi
lua periodical service of able bodied
any other systematic method Of raising troops from its
population introduced into Parliament bill entitled "Ar
act 10 permit foreigners TO be enlisted and off
and soldiers in her Mastys forces but which was il
fact bill TO authorize the government to employ agenu
TO carry on recruiting service in the neutral states OF Eu
The law earnestly objected TO in its progress Al
Insulting 10 Neutral states and derogatory 10 the naona
dignity but passed, nevertheless the 22d OF DE
ccmber, 1854 (ansards Debate, third series vol 1876
l. passim.) ..f
AT early day after tho passage Of this act measures
: were taken TO recruit officers md for proposed for
egn legion In the United States those measures being pub
cy pursued under the official responsibility OF Sir Gas
narde Narchant lieutenant governor Of the province
! Nova Scotia. military depot established at Hall
fax for the reception and enrolment Of recruits; and Mr.
Howe member Of the provincial government with ohe
agents came into the United States make arrangement
or engaging and forwarding the recruits chiefly from Bos
4 ton New York and Philadelphia Subsequently,,
Pondng arrangements were made for collecting and for
wardiug recruits from the western States by Buffalo OF
} Niagara, through Upper Canada
These acts commenced and prosecuted with printed
bends and other means Of and recruits
were collected In depo atNew York and elsewhere reg
ulary transported to Canada NoyaScoa with undisgus
ed notorey as " the United States st constituent
part OF the British empire OF they attracted great
attention and the various measures whether legal po
noa proper 10 put stop TO them instituted by your
urecon through the fundamentally Of the foreign le-
ga departments OF the government Of the United States
In the course Of the Investigations which ensued among
the fcs brought 10 light some Ia the documents
ierIed to me which unequiyocaly tend implicae
osty British consus but the British minister himself in
: Iva ard canE ,rs,
curry as TO the rights OF this government in reference
, them and their government
In the application Of the general rules Of law the
offences committed II necessary distinguish
the case Of any ofthe consuls and that OF the minister
The several district attorneys OF the United States with
In WHOSE jurisdiction respectively the occurred very
properly assumed that the consuls subject ndct-
msnt tor fraction Of the municipal law, and have pro-
ceeded accordingly prosecutions having already been
sued in the southern district Of Ohio against the consul
at Cincinnati and In the southern district of New York
against q officer Of the consulate OF New York.
Nothing better settled by adjudication in this
try than that foreign consus subject to Grim na pro-
cess for violation OF the municipal laws United States
~. Rayarra u Dali 2s7 Marhard Soderstrom Bin,
Ia Commonwealth KosloF Serg. and X. 545 State
40 DO Ia Foret, u Mott aud Nc, 2l7)
These adjudieHtons In conformity with the
law Of nations in regard TO Consuls understood and
pracised not less in Great Britain than the other States
OF Christendom. (See Opin Nov. 4, 1864, MSS; also
kents Cour, vol p ~; Whesionscd. by Lawrence p.
/ 305)
The only privilege which consul enjoys In this respect
In the United Stats 10 that awarded him by the cons
tnton Of being tried by the federal courts the effect Of
which u that bis remains within the control Of The
general government which may dea with II according
the convenience the exgencies Of its foreign policy with