New-York daily tribune., 1856-02-29

saa. a. he essn. aJs ard he etsrsc'e
srd con duct ef the witnesses esvs ~ Of hs
S',s5 s,.s. S-srnnsot have hrosshoat peessasc asa
which dIspsyed their dssire rather 10 nhaeDss 20 NOV, he
80, re- M,i.,ty's Government, than simpiy ~ Pto
s,. n.essaTy 70 cotvct the secssed Ssrtesi hs 81,
sir being the more S "psn ep Cor ops tine de6
Lit,y abandoned out Of de'erelce 20 the - h. Is,
.rH,nt aud that The question TO DO deter nlq ~
rS eonpIe,on o done HAuy months Prc'ousy AZ
der stat. Ct thing, no loUs.r e,>,hs NJ, Marcy
With reference the second chsrsr msae ~
namely that Of violating the sovereign ernton. ns s
United State. BY reeruiiins for DE brits-n Any atsi.
territories" hsve observe Ihs spar iso,n my
...i.ou IN The ULted the subject OF loes &
msnr or in the entire a5<-nce OF any 'ocn ~
i srritors rshts OF the Uni'ed States simply ey
enrns as soldier, Bris. syritry petsoI. 20 s &
s"s .,s The .erunr e,is Ulifed s'si be, 70
sna Or Tst.s sy Bnish oei. the qqe;oq
IL Usprp.r her Majesty Government thai, ~
Ip The tied Sts, Bsh officer, ho within the United
states territories. might point ont tho route. men
,it, ud follow explain them The terms upon Len
ihey wo be accepted pubhsh and proeain snea
even defrsy their travelling s'Pese OF 40 nr
rshs has been legally decided II me lntsd ssIts
the payment Of the passage from tAat country 81 s S
rsry law OF the Unisd states sSd that person nay g
srcad provided he enlistment BE- IN foreign place rot sAvHg
accepted Gsa exercised commission. .,.-,.
IL would, Indeed b, violation Of terrtore Isfno 20 e1
and British soldiers withn ne OseS
sr.e whether ibis has been done By b.n snao.
I'M j. dscedIy no violation persuade or 70
s uen merely leave the nited states territory Aun ~ -
.
h, 10 enstsd n Brifk not OF e' ora
e,,fon be question that the men wno ~Sn
ays Inward Of hundred rshneu In one bod, Tor IA
STAGE her haJesty's Government are neuuy nIio y, ny
.ed 10 enlist on arriving there AID said they came 70 "oA
nn railway They were efore enlisted hired OF re
tanned as soldiers the United States no attempt N' soc
81 tcre them any such contract or enEsge ment
Mr. Marcy cites authority iYt The Gsien ne S Sts &
alton 10 this particular doc'rne OF the eneS o iots
psons has been very generally adverse 20 the doctrine n
proved the instances ~ whcn iofesh u0o Aac
hon ua ~ A
IL cannot therefore be sad that Mr. MaIeys do tIne IN
sccodalce with the seBer. practice OF naos ana hsn M
Posble to tree eountries- .ot sa, n'n
rrnci, territorial sovereignty, II. application must 00-
Siousv be subject o many limitations IN practice.
Her Msjest had flor nssncel nternstionsy an unqu ol
able rpht 10 recall standard displayed upon
n h be ra1.eny or temporarily resident in foreign conn
nv sr her would thereby incur any sk o VIC
the case Of political driven from their own country 81
essentially migratory class owing merely lossl sI 10
ses United 10 to be conteeed ts 70 III
them 10 s.ye the ni,ed states enrol them
selves on British territory IN war IN which many
Of them and most natural desir. 70 eh.s
to viola the territorial sovereignty oi the hlteo
It ofcourse competent 10 nation TO ensr, nnncpal
law such seuay exists IN many countries iooanns ~
, and il nav be the duty other countries TO sbsd ton
IN order 70 sno'her master; the Government Of the
II ed States las enacted such law 10 jnsty poa' OF US
conI ete freedom in this respect dHifd' nm oa'ee "
All reficeuts therein whether toiesnes oi ,h.
fecy leave its territory without hs petusson o. ~.
service Of any other when within its 0nu 10
invite persuade them 70 do what thus s"i can
ercisn power has never claimed oy eNercised- ,-,,,
Is Moeo's s IT o SS Msievs Government are aware
were engaged both those actually enlisted within tie bnIi
North American Provinces expected. TO the
best Of our belief exclusively foreigners citizens OF the
United States. ,,
liar doctrine. Will only remark shat az all eyents was
u0l poclamed or insisted upon by the nted sta. eitho.
the commencement OF the war or when tne desire o. ne
Majesty's Government raise Foreign Legion was hrst
ub shed when recruiting station was hr't opened
ihs United States therefore although always and most
troytry usrg their right snd ittt5n 20 punish Noia
tcns municipal law, TOOK step to proclaim or Yud
cate the trcular doctrine now SCI ilh uh ysry ass
The rhsIe Of violation Of Sovereign Territorial Rights"
cannot there fore opinion Of her Maesys Goyernmsn nt
be fairly urged derenf from that VI
oiit,, ., the n nricipsl law OF the United States
But the municipal law certainly not violated By the
they believe by the ohcers o. her heys
and her Maiestys Government and her Majcys
M,er az n.hngton gave reiterated orders all concerned
carefully abstain such yiolaton aud If the British
10 he violated then the territorial rights of the United States
whatever they msy BEL not has been said ntea
houa he shown that the municipal law OF the Union was in
Before conclude this Dispatch be useful TO place on
record certain facts with the question 81 IN
admitted By Mr. Marcy will observe hrst that the United
tst her Naesys Government in want Of recruits aud
desirous Of raising foreign legion.
That preparations making TO receive recruits
in a Birth North American Colony for such legion.
Third: That her Msjesys Government expected to receive
recruits there for such legion from the United states
shOuh while doing they anxious not TO violate the
Toufh That msDy British subjects and foreigners in the
United bona fde volunteer' desirou-, from
oGers TO rse men within the United states were made but
consistently and honoraby refused by her Majesty Min
ers and consus IN order TO avoid violating The United states
Ftth: That Mr. Marcy in confidential communication
with YOU on the subject months without that
Of arn against attempting anything OF the kind
Qu fOf C
and only insisting that the United states law should be re-
Sr;h That II became apparent that the United
adverse the aud that night
lead violations Of the United States law the whole project
aband med ont OF Difference United States bat this
eoueus'e proof Of The good faith and good will Of her Maes
ba hot been noticed appreciated by the Govern
Ssrenth That the whole question in dispute
what doing hs may be done by her Maesys Govern
meD but what done months ago undr ssten
voluntarily dsfntyey sb ndoned in order satisfy
e United States and to prevent the occurrence OF any just
ground tor plant
The facts snd considerations which demonstrate
that Orene the Unted states offered contemplated
Mr Macy 1.-THE matter al issue TO be settled in
becoming the Governments of Great Britain and the United
States; with deep Of the responsibiy which
weshon them msntan uninterrupted and unshaken the
Iatons OF friendship whh now eA', between me two c"ah
feelings Of the Uhpd States Government expressed M Mr.
Marcy dispatch with regard the ties and sympahies
which connect together the people countries
Iennt themselves doubt that such further dscu-sions
take rsce this question viii be conducted In rpt Of
oonciatoD.
IL only remsips for 20 state that en.tment In the
British service valid without aestaon and that according
British laws be attesed in foreign
try in the British Colonies without specially dele
gaed authority for that purpose No binding contract could
therefore be made with any within the nited states;
promises might be made but any svsn u uen 70
able them repair places beyond the nted states ter
or The purpose Of being enlisted would be ADVANCED a.
rk nevertheless If IL be shown that there persons
the Foreign Legion have been enlisted hired
violation Of the United States law well Of the British law,
her Nasys Government will be prepared offer the their
dis aud give them back the United
81 ates, NJ they choose thither.
You instructed read and copy of this dispatch
Mr.. Marcy am. tSignsd) CLARENDON