The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-12

there ,s nothing conflicting with the laws OF the United
tried before Judge ineersol, at New York the Judge
charged the Jury oows-"Any resident Of the United
States has right 70 so 70 Halifax with the intent 70
hstD twill be that these decisions are utterly ct
variance with the broad principle laid down in Mr..
harcy's despatch Of the 18th Of December ana aiadcd
others conflicting with them have been pronouEaed,
can only say thar am unacquanted with the fact
But MI Marcy has no now proaucedMwhether for the
violated International law or principles laid down by him,
but not acauesced in by her Majesty government, or
whether support his charge Of violation Of the NUM-
cpal law he does not clearly stato-a number OF ada-
wits lately made by certain Poles Germans and others,
regard 3 the conveyance to HALIFAX Of persons who
wished 10 Join the British army, and also IN regard 10
the paynen Of what considered fair indemnity to
them for the loss or disappointment which they stated
they had undergone IN consequence of having been sud
denly prevented from carrying cut their intention Of 10 n
given by sir Gaspard lie MarcAs August last hat
more persons 10 be received the legion from
the United States.
do no. hesitate that saw no objection the
payment OF such indemnity; and II would indeed
hard that the very measures which were rendered
necessary by faithful and prompt fuhlment OF the en-
gagemen OF her Maesty's government 70 that Of the
United States should now be brought forward as mat
Of fresh accusation against the agents OF her Mles
tvs government.
Any person examining these afdavts with candor dis
Ggrrcd as they are win deliberate fasehoods as wen as
bunders and mistakes Of all sorts, and influenced by
hcious motives, shall presently show may, never
.heless easily perceive that there IS nothing in them IN
The object Of the persons making these dispositions IS
but 100 apparent well the spirit which has dicsted
them They al the best, but little worthy of credit
and certainly could Lot nc Justly entertained as evidence
against the persons whose proceedings and conversations
they profess relate until those persons should have an
opportunity which has not yet been afforded 10 then Of
speaking Tor themselves.
They are evidently clumsy attempts 10 implicate her
Majesty's Consus and myself violation of the law,
made by persons who had no knowledge Of s provisions
have in my possession. and produce threatening
letters frsm almost all the deponents endeavoripg
tort from Of llei
their evidence.
With regard 10 those parts in which reprcser ted
more npudent tissue OF fasehoods never put toge
ther. never conversed with any Of those men.
with the exception Of Sierawsk and when saw him
did not know his He has, however, the ef
ontery 70 recount the invented circumstances OF an in
terview he had with me- This sierawski is true &C
companed by another Pole, did force himself into my
ofce but fortunately for me, on this OCCASION am not,
in the OF Hertz left to my unsupported account OF
what took place, for Mr. Lumley in the room during
the time the interview lasted He also says that he(
letters from to Col Smolensk written, one from
Washington in May and the ether from Boston and Hall
fax Nov did not know Of tae existence IF such man
Col Smolensk IN May, and never wrote hi!n, enner
then subsequently any letter whatever; neither did
him at Boston. Slerawsks statements on these sub
rcts deliberate falsehoods.
The statements maize by Kazinski, as far as am con-
cerned are equally destitute o. ,0undson h s STATE
join the Foreign Legion who were in possession OF impor
tant letters from me received considerable sums y
sehood. None Of the persons in question ever received
O letter from The whole tenor Of these adavts Is
OF the same nature.
With regard 10 evidence Of fhs sort have already
pressed my opinion my despatch Of the Sd Of March.
Speaking OF adavs produced IN many instances by the
very individuals against the United States District
Attorney and the Russian Charge dAdsires At washing
ton, used these words
perfectly aware that The Of such evidence
and preceedins rom unknown Polish Hungarian and Ger
sd no a a
the other give me their bare words that the facts
therein stated uniouncec should at once believe them
Mr. hnuc n
loose and satisfactory such evidence is when produced
asairss the officers Of the United states becomes un
mpeached and unimpeachAbeo evidence when produced
against those OF Great Britain.
This brings 70 the evidence Of Hertz and Strobel,
which Mr.. Marcy s considers TO be satisfactory in
spite OF our positive denial OF their statements and not
wthstandng the badness OF their character
With regard TO Hertz, have only 70 add that ne has
been three times arrested Philadelphia, during the
course Of last month, flesh criminal charges, viz
OF obtaining money under false pretences, Of robbery
Mr.. Mathew VIII furnish your Ioreship with documon
tary evidence Of these facts :.
importance wha, he terms my endorsement OF that
individual, may perhaps be permitted 10 refer him To
authority upon which he VIII probably place more
Fremont. Of the United states army, the distinguished
traveller who explored the Rocky Mountains was
upon ascerainng that strobe had stated Truly thai nc
bad panied Colonel Fremont IN the capacity OF civil
engineer and draughisman upon very celebrated expe
don undertaken by that nicer that considered that
that Circumstance In elf was some SORT q guarantee
10 Strobcls respecaby and in the absence Of Colonel
Fremont could procure other II was not anti my
return TO Washington that learn, from authority witch
cannot eoubi that strobcl had committed al al Of
swibdlipg against Colonel Fremont.
UIcn what principle Dir. Marcy contends that have 10
proved himself unworthy Of credit by Of trchery,
basspess and perjury, ayowed by himself q be shame
f ard only rcsorcd TO or lacre because oaee believed
IN LIS integrity, am unable 70 conceive.
With rcspsct TO the correctness Of my impression OF
the which held with Mr.. Marcy OF the I'D
a March, have 10 refer your Iordshp my account Of
"a, in a
hat month. lsrsak OF rs follows
;cck coed explain 10 Mr.. Marcy viii perfect
az r. S1n 10 Si nv cr 5 Nr Barsay ta
We wcrr certainly anxious 20 obtain sfclcnt recruits lr
mcn Lad teen established y ne colonies who're hosc who
enrolled bat 10 nagres which hal been addressed me by
persons h. coufry had invariably replied BY .eerring
neither .ay z a. ssS9; 4; q t hsT Ma
@s S s e ss intent q Ses mas
q ", 2 ros's.og q . srn = AID he ras and
briish service beng o. 10 law which rreveEed e
Of Jned sa'es Others from sne Atom iro1n ~
a ews1ssr naiyaUsi. ether rom Re Rofs o nans money
e On g.qs a az s,u y "s r Ss ~
way which mirhi ring hem wisn prqvsons q le 49,
preventing and would obleeqn 70 To- Rigorous
torcemen q ile law iPihsr ease Mr. May eo,'grred
dob.ss ,hs H. "a: H. vie~ Soaii ,ate II ss Que. a.
WIN tes:c, pf sriaiy All aus liz avs . bs eiores Il
his as N The case os hse attempt ron ~haSser quarter
Proceeding.
oou.d lave lad Conceivable object at TIA. tine n
ulsreIresentrg this matter netEer aprreeeLdrg nor
forcseenr that would form tue subject q aay
future difference or controversy. wcud net orly favs
served purpose, tgf i vcud have defeated M own
intentions and those & her Msesys govern merit = Rave
nnsled Mr. Marcy The subject. Il = Therefore
able SUPPOSE thai could rci have 9csrneA 70 60
have also refer 20 Mr. Luuleys despatch. giving an
account Of his conversation with Mr Marcy the
subject. It's entirely ccnfrraiory q ny Own lwouid
further observe that Mr. Msrcys own recollection of bis
ccnversston III me- well a. thai which he he'd with
Nr. Ininley. "a me ny no means clear, even
his showing. His sccouai Of 10 his despatch 70
Mr. Buchanan q the Qth o. July 1885, differs ctns5era
bly, from hat given h. despatch o. tie sssl of Ne
cemher
Mr.. Narcys recollection IL sfl su, in regard
10 his Interview with Mr.. 1lnley the IN CT May,
1885, ard the Communication by that gentle q -FOUR
fordshps despatch Of the l2lh of April [see Mr. Lum
leJ eesIatch of May ~. Mr. Marcy his despatch OF
Juy Is, 1888, 70 Mr. buchanan, states at yosr Lord
chips desJa;ch II April l. Wa presented 70 him b.
Tie Department q state, although Mr.. Marcy ater
wards siAes Gu t.s desrstch Il The 2sthl that this
very dcstath received ~ the Ippaftu OF state
dNrnr absence Ia the TrovrCes The fat being that