The true Democrat., 1856-04-01

"Hp otSo IS Io Ot iuCluOeO, or WnaI eVluonC0 against them is relied upon by the United States government.
 It is true that you and her majesty's consuls are personally charged in Mr. Marcy's note to you of the 5th of September; but neither you nor they are alluded to in MT. Marcy's despatch of October 13, to Mir. Buchanan, which might not unreasonably have been expected, if 1t really be the intention of the United States go- vernment to charge you or them with being malefactorS sheltered from conviction,' (to use the official language of the United States attor- ney generally
 They must, therefore, request the United States government to make and establish more distinct charges, with proper specification, against particular individuals by name and that government will, I am confident, not deny the justice and the necessity of giving each person implicated the opportunity of knowing what Is alleged against himself, and of dealing with the evidence by which the charge may be supported"
 We cite the concluding portion of this de- spatch:-
 Before conclude this despatch it may be useful to place on record certain facts connected with the question of recruiting in North Ameri. ca, the correctness of which will, doubt not be admitted by Mir. Marcy: and will observe first: That the United States government were from the first perfectly we'll aware that her majesty's government were ln want of recruits and were desrous of raising foreign legion. Secondly: That preparations were making to receive re- cruits in British North American colony for such a legion. Thirdly: That her maesty's government expected to receive recruits there for such a legion from the United States, al- though, whilst so doing, they were anxious not to violate the United States law.
 Fourthly: That many British subjects and foreigners in the United States were bona fde volunteers desrous from various, but natural and powerful motives, to enlist. Numerous offers to raise men within the United States were made, but consistently and honorably refused by her majesty's ministers and consuls, in order to avoid violating the United States law
 Fifthy: That MT. Marcy was in confidential communication with you on the subject for months without ever, that am aware ot warn- ing you against attempting anything of the kind, or stating that the United States would resist or resent it, apart from any question of municipal law; thus, in effect acquescng, and only insisting that the United States law should be respected.
 | Slxthly: That as soon as it became apparent that the United States government was adverse to the scheme, and that it might lead to viola tions of the United States law, the whole pro- ject was abandoned out of difference to the United States; but this conclusive proof of the good faith and good will of her majesty's go- vernment has not been noticed or appreciated by the government of the United States.
 Seventhly: That the whole question in dis pute now turns, not on what is doing, or shall or may be done, by her maesty's government, but hat ,l system which is not continuing nor about to be revived, and which has been voluntarily and definitely abandoned, in order to satisfy the United States, and to prevent the occurrence of any just ground for complaint.
 
 It only remains for me to state that no en- listment in the British service is valid without attestation; and that, according to British laws recruit cannot be attcsted in foreign country, nor even in the British colonies without d spe- | caly delegated authority for that purpose No binding contract could therefore, be made with any man within the United States-promises might be so made; but any money given to men to enable them to repair to places beyond the United States territory, for the purpose of being enlisted would be advanced at risk; neverthe- lesS II It can be shOwd that there are persons now ln the foreign legion who have beer en- listed or hired in violation of the United States law, as well as of the British law, her lnajes- tvs government will be prepared to offer them their discharge, and to give them free passage back to the Untod States, if they choose to re- turn thther."
 Mr. Marcy's rejoiEder, dated Dec 29, to Lord Clarendons.d despatch of Nov. Is, is of great length and presents the whole subject with mas terly ability. It is courteous and disnifed in it's t, ne; clear in its language and statements; positive in its character; and powerful and con- elusive in its argument It commences by ex- pressing deep regret that there exists a very wide difference of opinion between the two governments as to principles of law and still wider difference as to matters of fact; and an- bouncing the purpose of sustaining the views entertained by the United States.
 Mir. Marcy first remarks that the claim put forth by Lord Clarendon's despatch "of the right of foreign belligerent power to resort to the territories of neutral state to recruit its armies, and for that purpose to employ such means as he justlties, raises one of the gravest international questions which can come under consideration. If that right be conceded, then any foreign power can justifably resort to mea- sures for recruiting it's armies within the juris- dlctlon of this country almost coextensive with those which can be employed by this govern ment."
 Mr. Marcy then presents an elaborate review of the proceedings of the British agents in this country; the connection of MT. Cram pton with them, and of the communications that passed between the two governments in reference to this subject. The precise points of difference between the two governments as to princi pies are thus stated:-
 Tn, ynft ,nstiA to tba I, ,tc of territory, irrespective of municipal law, Lord Clarendon is understood to maintain that her maiestv's government may authorize agents to do anything within the United States, short of enlisting, and organizing, and training men as soldiers for the British army, with perfect respect to the sovereign rights of this coun- try.
 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 con- sent No foreign power can, by its agents or officers, lawfully enter the territory of another to enlist soldiers for its service, or organize or train them.'
 l Mir. Marcy then quotes from writers of emi. hence on the law of nations to sustain his view of the law, citing Wolfus, Vatten, Hautefe- nilie, which overthrow the position advanced by Lord Clarendon, and sustain that maintained by Mir. Marcy.
 Mr. Marcy next closely examined Lord Ca- rendon's exposition of the municipal laws of the United States, and shows how his inter- pretaton of them nearly annuls the acts of congress-; and declares that the government cannot concur in such views, for they would deprive these acts of all strngency and make them dead letter. MT. Marcy then says:-
 "After the most deliberate and respectful consideration of Lord Clarendon's views in his dispatch of the 16th of November, as to the sovereign rights of the United Sta'es, the effect of their neutrality law, and the conduct Of the British officers and agents in carrying out the scheme of recruiting, this government is con strained to differ most widely from them all.
 It cannot but regard the original design, which had the sanction of the British cabinet, as a dangerous measure, which should not have been adventured on without the consent of the