The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-23
K, ths Judge charged tina

jury as isuows:-
Any resident of the onied States has right to go to
iiansx with the .nient enlist Ii person merely
in"rrs another tnai he went 70 Halifax any foreign
country he can be enlisted soldier the service Of
Congress"
Then the Judge ns ructed the jury that if the man
uS 20 Beyond sSs ts sSs ss 'ha; ;,a ne Soax
TO HaIifsx and enlist and II the inducement
q such ~ agreement was promise on the
20 eplis. should receive s3Ol advance aud shouasiso
receive $40 . month for his services as q SOLDIER:
il part the whole Of the consideration for such
agreement the part of Cook the payment Of tue
passage OF Cook from New York to Boston, PROMISE
top such passage or II the of such
ment reason, motive which led to it, any
other promise Of money by Wagner any other vslua
BILE thtg and Cook, when he entered into such agree
ment upon any such Consideration hsd the intent to 70
t. HaliEx and there be enlisted entered soldier
the offence would be complete.
The Judge soes so that you see that the mere giving
s not sufficient there must be some nducement suoh
have stated TO you"
Upon this charge it Is not probable that any Of the
jury understood the law to be, that not only nigh. in
formation be lawfully given suggested in the Judges
charge but that any pne may lawfully advise and assist
or induce, smother to 60 and enlist in the of
foreign government The Judge does not instruct the
jury that may assist nouce another to enlist and
retaining him to do But the Judge repeats to the
jury that the mere giving Of information is offence,
from which they could out conclude that any vt beyond
that would be unlawful. -
To lure is ''to engage man in temporary service for
wages" ohnson,s Dct To retain Is ''to keep in pay
to lure" OBJ. To constitute hiring retainer, there
must b. promise to render services in consideration of
something TO be paid or done by other person.
As to what constitutes cor tract see Conyn on Con-
tracts. vol J. p. l; Gritty Contracts p g. The act Of
Congress IL penal one and should be strictly con-
s'rues but construed ever loosely it could not be
made to mean that persueding man TO enlist Is hIing
him to do So nor that the Of assisting man 10 20
abroad s q re amer OF him for tina. purpose.
1t will be observed that the Jucge that what
could only have been representation by Wagner as to
the bounty 70 be paid by the British government to
soldier and his pay might be treated BY the jury
pomise on the part Of Wagner that III bounty should
be paid and such pay allowed This to show how
loose are the JUDGES ideas to what constitutes
tract Of hiring
The jury rs might be expected from the uapopularity
OF the cause OF the allies Ia the cyO New YORK. readily
adopted the Juoge views and in the exercise Of heir
er 10 decide upon conflicting testimony preferred the evil
dence OF the single witness m the prosecution to that OF
three respectable witnesses for the defendant although
the former WIS., BY his account, participant ia
the alleged violation OF the law and there
rcboration of his testimony.
Preioent Perces recent message lays 90 vn the unde
piable proposition that no govermeat eau be permitted
to levy raise troops in the United States
attempt to DO It would be unwaTrantate attack
the national reigny In this he folly supported
by vatel, b 3 Oh. 2 4. 16
He gees on 20 ssy that when the British Parliament
passed provide the enlistment of feippers
in the military service Great Britain It was not anti
cpated THAT tho British government proposed " at
tempt recruitment in the United stsee nor did IL ever
give ia,imation Of such intention this government
was matter of surprise therefore, to nd ubseauenty
that the engagement of persons withn the United
Scotia and there IN list in the service of Great Britain
wac going on extensively wi n little or no Disguise
TIE President says that suitable representations
the surct addressed The British government.
"Tbe,eupon II became Known by the admission Of the
British government itself that She attempt
cruits from this country oagtns.e ted with IT, least
bad its approval and sanction; but it sso appeared that
the pubic agents engaged in it had stringent instruc.
States"
t difficult to understand how i. should hevs been
supposed that troops could have been raised here by
The unmisakab'e object Of the law was to prevent
every such act, which, If performed be either in
either alternative the ret done would be alike nurious
TO the So ereignly of the United states"
In the passage just quo,sd The President ia speaking
of the admission of the British government that
tempt had BEEN made q" 10 dTas recruits from this
country" ty causing agents to give Information TO per
President very unfairly and nlogicay appears TO
me, treats tha: admission that Great Britain had
aIs%p,ed 70 raise troops here IN the uatsd states
law mere trusm. Now if the 3ject of the lew
really was 10 neven, American citizens from enteripg
IL that Lad been the ,nten of Congress then indeed
1t nigh. well have beea raid that sny attempt to per-
suade or induce American citizens IT, enter foreign
vice would be violation OF the spirit Of the law although
|, Gees not in terms prohibit such attempts.
But the undenishle fact Is that any american citizen
end enlist himself a soldier in foreign service. And
1t IL irresistible conclusion that il is allowable pre-
sent 10 the public the which may be calculated
toilduence them making up heir minds on The ques
ton whether they viii assist ther o. the begerents
This is an important right which tie citizens of epub
lie should not reinquish allow to be impaired The
subjects OF mcns,ch msy be allowed option in such
matters; but il is otherwise with the republican.
is true that all acts should be psoh tilted By law
which might be complained of by either OF the
belbgerents breaches OF neutrality, but no
q, one ,. win pretend to say tina. either Of
nations, to require the OF this country
prohibit its citizens persons resident here from going
abroad for The purpose Ct assisting the enemy This
be- than tho utmost exercise faith
towards either party conld require (See yattei B. 8,
If the government of the United States we're to psrmi.
expeditions be fitted u. In this country to assist
patton At with other country being peace
with both there would be breach Of the neutrality
which the law of nations reqrires be faithfully OBJ
served. lsee Wheatons Law of Nations part oh 3,
Is, II.
Vessels however may be fitted in the ports of the
United States for the purpose Of convey icg military
to either OF the beigereuts. t is considered
duty imposed upon nation, ny state OF neutrality, to
prevent seamen from emp ing themselves in contra
band trade" Opinion Of Attorney General Lee, Dec.
10 1852 blouse Doc No. l2S Goth Congress, I'd ses
siou)
Tie great faacy in the Presidents message lies in tia
assumption that the agent Of the Britt government
.ould not lawfully give any Information to residents Of
this country calculated to induce them 10 go abroad and
enlist themse,es-that If British government should
succeed in getting recruits in that wsy there
viola ion The law either of letter or it, split
The President reads the Just ii were in the terms
Of the English act of Parliament, and ii difference
exsted between the rights OF British subect and those
OF citizen of this republic
With all due submission, il appears plain my mind
that individuals in this country have perfect right TO
render material aid and assistance TO any ration at war
with another, to any people struggling for niepen
6ence Not only may articles be published in the
papers, calcua ed to persuade induce those who sym
pathse with Of the beigerents to 60 his assist
apce but collected defray their
expenses articles conrabapd of may at the risk of
the individuals, be sent loans may be negotiated aud
every thing short Of the acts which the Congress
prohibit within thejusdoton of the United States
may he done without afording any just Of
plain to foreign patton.
When Congress- In 1874 passed the act prohibiting the
hiring Of in the United States enlist in foreign
ARMIES, the hiring of them to abroad for that pur
pose, the law OF Er gland provided e. Geo, c. 80
forced by stat 20 Geo. c. ny that If any subject Of
Great Britain should enlist himself If any person
should him to be enlisted In any foreign service
or shouid detan embark him for that purpose without
the Kings license he should suffer death "a Black.
Conn., 10l.)
Coogress declined initiating this legislation (Which has
since been greatly modified in England by the act SO Geo.
Sc. coy.