The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-01


In the note of the 10th of July Lord Clarendon seem
to admit that the restraining effect of the law OF the Uni
ted States IN regard 10 recruiting is such as this govern
meat asserts it to be- but by his exposition Of that law il
his despatch ofhe 10th November 1t is beef of the very
stringent Character be had before ascribed TO IT, and it il
now so construed by him 10 afford justification for snct
acts as in his former note he conceded TO be illegal
In the note to you Of July the British government only
claimed the right to make generally known To British sub
jecs and foreigners in the United States who wished to
enter her haess service and take part in the its de-
sire 70 accept these volunteers and to receive such AS
should present Themselves at appointed place ia o
the British provinces. .-.
That Lord Clarendon intended in his note of the lGt
Juy 10 exclude all pretenson 10 right 10 publish hand
bulls Offering Inducements, and to send agents into the
United States for recruiting purposes is shown by the fol-
lowing passage t can scarcely be matter Of surprise that
when 1t became known that her Majesys government
prepared 10 accept these voluntary offers many persons in
various quarters should give themselves out agents
poyed BY the British government in the hope of earning
reward by promoting though their responsibility
an object which they aware was fsvoraby looked
upon by the British government. Her Majestys govern
nent do not deny that the acts and advertisements of these
Seeonstatcd and unauthorized agents were, in many
instances undoubtedly violations Of the laws of the United
States but such persons had authority whatever for
their proceedings from any British agents. by all of whom
they were promptly and unequvocay disayowed."
These positions taken by the Earl Of Clarendon brought
the matter to definite point This government took issue
upon bis allegation that the engaged in recruiting
in the United States seconsituted, unauthorized
agents. whose acts had been dsavowed and tmaintaned
on the contrary that the persons performing them
authorized agents. and had embarked in that service in
consequence oinducemen stronger than the hope
of uncertain reward held out to them by British officers
that they promised commissions in the British army
and some Of them actually received and treated
fellow officers and as such were paid for their services re-
ceived instructions from her Majestys servants for the
guidance of their conduct while within the United States
and were furnished in the way with abundant funds
Tor carrying on their recruiting operations in this country
The persons engaged i'll the United States recruiting
We're in fact the agents and instruments of eminent Brit
sh nconares resident here and in neghborng British
provinces. The numerous judicial Investigations and trials
have brought out of testimony too strong to be
ssted duplicating these unconares and sustaining the
foregoing allegations.
When this state Of the presented to Lord Clar
endon with the designation by of of the higher
British officers and with the by the President
that the information he possessed did not allow him TO
doubt their participation in the offence against the laws
and sovereign rights of the United States his ordshp did
not then call for the evidence he has since done but dis
posed of by the general declaration that the
raordnay measures which have been adopted in various
parts of the Union to obtain evidence against her Maesys
servants orther agents. by practices sometimes resoried
10 under despotic institutions but which disdaned by
all free and enlightened governments, will fail to esab
sh any wellounded charge against her Majesys SER
wants"
1t presumed that his ordships misapprehension
the character Of the evidence, and the by which it
obtained has been since corrected because in his last
note be not only calls for the of the British officers
implicated, Though of them had been before given
aud the specific charges against them but for particular
statement Of the evidence by which these charges
regard to the matters complained of although full four
months had passed since his attention first called to
them by this government ...
The exposition be has given the statute of the United
States against recruiting and the restrictions he has placed
upon sovereign rights, show that his views that
subject have been greatly modified since his st despatch
was written.
AS that law ia construed by him. scarcely any eyi
denee however obtained whatever be its character
will be sufficient TO impeate any in the offence of
crutug in the United States
4 he NJ In that
sovereign rights Of the United States be maintained
the territories Of this country open almost without
restriction, TO the recruiting operations OF all nations, and
for that purpose any foreign power may sustain vigorous
competition with this government upon its own soil
This government does not contest Lord Clarendons two
propositions in epec to the eegn rights of the United
States6rt that in The absence Of municipal law, Great
Britain may enlist hire engage soldiers within the
British territory, persons who have left the United States
for that purpose This proposition s however TO be un-
desood not applying to persons who have been entced
away from the country by tempting offers Of reward such
as commissions in the British army, high wages, liberal
bounes PENSIONS and portions Of the royal domain urged
them while within the United States by the officers and
agents Of her Majesys government and, secondly no
foreign power has right to enlist and organize and
train men British soldiers within the United States"
The right 10 do this Lord Clarendon does not claim for
bis government and whether the British officers have
done not he appears TO understand the case the
only question at issue far international rights are
involved, between the two countries.
In his Of the question 10 the rights OF territory
irrespective OF municipal law Lord Clarendon Is under
stood to maintain that ber Msjestys government may
horize agents do anything within the United States
short Of enlisng and organizing, and training men as
soldiers for the British army with perfect respect 70 the
sovereign rights Of this country.
This proposition exactly the Of that maintained
by this government which holds that foreign power
whatever has the right to do either Of the specified acts
without its consent No foreign power can by Its agents
officers lawfully enter the territory OF another TO enlist
soldiers for lie service organize train them therein
encs persons away in order to be enlisted, with
out express permission.
This as q rule Of international law considered 30
well settled that il deemed necessary TO invoke the
au thory OF publicss TO support it. not that
any modern writer international law has questioned
its s0undness AS this important principle controyerted
by Lord Clarendon, and its maintenance Is fatal to
bis defence Of British recruiting here propose to estab-
sh IL by reference TO few elementary writers OF emf
nence upon the laws Of nations.
"Snce right of raising soldiers is right OF majesty
which cannot be violated by foreign nation, IL Is not
permitted to raise soldiers the territory of another
without the consent Of its sovereign Hotfus.
Yatel says that he who undertakes 10 enlist sol-
ders In foreign country without the soyeregns permis
son and in general whoever entices away the subjects OF
ther State violates of the most sacred rights OF
the prince and the nation lie desgnaes the crime by
harsher than choose 10 use which, a. he says lis
punished with the utmost severity In every
State Vate further observes that t is not presumed
that their sovereign has ordered them foreign recruiters
commit crime and supposiug even, that they had re-
ceved such order they ought not to have obeyed It
their sovereign having right to command what is con-
trary TO the law Of nature g.. #-..#. ..-...- .a
CARDS permission and acquescence implies permission by
a neutral power to begerent though extended to
both raise recruits 10 its territories unless was allow
ed in peace to be act of bad faith which comproms Its
neutrality. ..#
There can be no wellounded distinction in the rule Of
international law, between raising soldiers for beiger-
ens army and solors for its navy within neutral coun-
try Hauleeniile says the neutral sovereign Is unaer
all utnan nf