The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-29

should 60 ses coasts Of the United States Sir
Charles Wood Admiral Berkeley had both informed
approach he could tina. noos Of
tbs vessss would ever 70 pokDg about porta.
bat three had been sent out-ons 70 Bar
Duda ard the other two to Janaaca. observed this
wss q mistake, but would mot interrupt himl He
replied. this the information he had resolved from
Sir charles.
LORD CLARENDON TO Mr.. CRAAProN.
FOREIGN OPriCB Nov. To- 1856.
SHIN my despatch to you, No. 250 Of the "a lost,
encosed the copy Of despatch from Me-. Marcy, which
had been read 70 me and placed in my hands BY NJ
BeIe proceed to offer any remarks upon this dos
me BY MI Buchanan had no cognizanos Of Nj Naroy's
despatch If the 18th Of july 70 which 1t sudes and OF
observing this to Mr. Buchanan he said he hsd not
thought necessary communicate TO me- ~ before
5. Be- ss
ton that had arisen between the two governments
Her hsjsstys government shared the spinian Of Nh.
Of ii cir regret any violation Of the United States law
which, contrary to their instructions, might have taken
place. end OF determination TO remove al for
enlistss nt, would have Satisfactorily and honoraoy
duty ta maintain the fieady relations which have
hitherto, end to their great recpocai advantage hap
States. But this expectation has been disappointed
and spirit altogether at variance with It has
sss' S ns Hs the % sss
the fiendiy motives which scsn.tsd M. Ba.
ehsnan, are now disposed to regret that he
cslled their after ton to proceedings against which the
United States government thought itself called upon to
renonstrate and which would at once have been in
which concerned the law Of the United statss we're
scrupuOusly DESTROYS that just for complaint
This despatch, however, OF which Mr.. Buchanan has
The 18Th October have been considered with all
the attention that due to them and, conveying to
deavor exclude from discussion the su ,ecs which are
foreign to the question immediately at ISSUE and which
might lead to irrtaton and this course will be the more
actcn that Mr. Marcys note Of the 18th October is not
framed the tore Of hostility which characterized his
note of the 9th of September to you.
appears that two distinct charges made against
the officers and agents Of her Msjestys governmsnt
tory nfinged the United States law and secondly that
they have violated the sovereign territorial rights the
British army within the Usissd States terrtory '
Now with respect to both these charges hAys to ob
1' and Of
character ias been supplied by the espa. Of Mr.
is pamed particular fact time place is stated
and 1t therefore impossible at the present to know
siher who is accused BY Mr. Marcy, or what i the
| intends to rely
Her Msjesty's government have no means OF knowing
who the persons really indicated by the general
words ''ocers and agents her Msjsstys Rovernment
whether such persons those who hsvel been under
l
else il to be what evidence against them
| is relied upon by the United States government.
nnay cha,Ged in Mr. Marcys note you of the 6tn of
September but neither yoo nor they are alluded to in
which might not unIeasonably have been expected, If
rally be the intention Of the United States government
to char you or them with being Indicators ahetered
from conviction, ito the official language of the
| uuited States Attorney Generally
hey must, therefore, request the United sta.esgov-
eminent to make and establish more distinct charges,
with proper specification, against particular individuals
by name; and that government will, confident, not
implicated the opportunity Of knowing what alleged
against himsel, and Of dealing with the evidence by
shall accordingly abstain from offering the remarks
which perusal OF the evidence ct the recent trials and
the character and conduct of the witnesses have natu
rally suggested; will observe upon the temper and
squirt in which the officers Of the United States govern.
ent have throughout proceeded, and which displayed
her Asjesty's governr emit than simply to the
facts convict the accused parties this tone
bered that the proceedings complained of had been tor
some time definitely abandoned out Of Difference TO the
determined was the character and complexion Of acts
many months previously under state OF things no
With reference to the second charge made by Mr. Marcy
namely that OF violating the sovereign tsrritoris
rights Of the United States By recruiting for the British
from municipal legislation in the United States
the subject Of foreign enlistment In the entire absence
pacs would commit no violation Of the sovereign ter
rora tight Of the United states simply by enisting
IS 80 diers within British to!y, persons who might
leave the United States territory in order to enlist
The violation aegedis the recruiting within the United
States; but 10 that there in fact any such
| oRcers,l is to beg the question.
to her that
takes place within tho United States British officers
who within the United States territories might point
explain to them the terms ups which they would be &C.
ceped or publish and proclaim such terms even de-
fray ,het travelling expenses or do similar acts could
roria rights 1t has been legally decided in the United
States that the Of the passage from that coun
try Of who desires to enlist in foreign port does
not within the neutrality law OF the United States
and that person may 60 abroad, provided the enlist
ment be In foreign place. not having accepted and exer
would inoeed be violation of territorial rights to
within the United statesaud whether or no. this has
been done by British authority is the question involved
in the first Of Mr. Aarcys charses-buti decidedly
violation Of such rights to persuade to assist
merely to leave the Urited States territory and to into
British territory in order when they arrive there either
to be vor ntary enlisted in BrtiEh service not at
their discretion There be questi that the
men who went to Halifax were free, and compelled
hthmen in body, for instance il her Majestys gov
nnent are rightly informed refused to enlist
railway They were, therefore not enlisted, hired or
retained soldiers in the United Sta,es attempt
made to enforce sganst them any ssch contract
| gagement
MIR Marcy cites authority the position
sumed in relation to this particular doctrine OF the effect
OF enlistment sovereign territorial rights but
the pacceo nations has been very generally adverse
the doctrine, proved by the numerous instances
which foreign troops have been and still are raised and
| employed.
1t cannot therefore be said that Mr. Marcys doctrine is
In accordance with the general practice OF nations and
high authority might be quoted directly adverse any
such doctrine applicable to free countries, ubi crd
sst But admitting the alleged doctrine
to the bearing of the principle Of territorial
regnty its Application must obviously be subject 10
| mar y limitations in practice
lar Maia had iuefnn iutar aficpa nil
| displayed upon her own territory those of her
| own subjects capable of bearing arms who might
| be transientiy temporarily resident in foreign
country, and her Majesty would not thereby incur
any rk OF violating the teritoial sovesegnty ofsuch
country Again. in the of political refugees driven
from their country, essentially migratory GLASS,
ewing merely local and qualified allegiance to the
United States II is to be conendsd that to induce such