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


migratory eiass owieg merely local and qualified allie
gauce TO the United Slate Il is be contended that
induce such persons by any fair means short Of hring
or enlstng them TO leave the United States in order "a
enrol themselves British territory as volunteers ia
war IN which many Of them feel the strongest and
natural desire 10 engage s 10 violate the territorial
eTeignty Of the United States
u is Of course competent TO any nation enact
ncpai law such as actually exists in many countries for
bidding It's subjects To leave its territory but in such
cgHds career ts and i may be the duty Of other conn
tries to abstain from actively assisting the capves
cape from The national prison 10 order 10 another
MASTER hut the government OF the United States has
acted no such aw justly boasts Of It's complete freedom
In TINS respect cteaS est all residents there
IN whether foreigners citizens perfectly free TO leave
It's territory without the permission of the government
their own absolute discretion and to enter the service Of
any other State when within its frontier. To invite
them persuade them to do what is thus lawful
s'itute violation of the territorial rights which the
eregn power has Fever claimed or exercised .-
It's moreover TO be observed that in this Uni
ted States citizens far her Majestys government
aware engaged both those actually enlisted within
the British North American provinces and those expected
wee To the best of belief exclusively foreigners and
not citizens of the United States
Without entering further into discussion of this pecu
liar doctrine will only remark that at all events 1t was
not proclaimed or insisted upon by the United States
either at the commencement OF the when the desire
of her Majestys government TO raise foreign legion
first published when recruiting station first open
ed at Halifax.
The United States therefore, although always and
properly insisting their right and intention to punish
violations of their municipal law took step to proclaim
or vindicate the particular doctrine sci forth until
very late period OF the discussion and after the time for
giving effect 10 it bad gone by The charge of violation
OF sovereign territorial rights" cannot therefore, in the
opinion of her Maestys government be fairly urged
separate and different charge from that of violation of the
municipal law of the United States But the municipal
law certainly violated by the orders, nor far
they believe by the officers of her Majestys government
and both her Majesty government and her Maesys min
lister at Washington gave reiterated orders to all concerned
carefully to abstain from such violation and the British
government did not puposey the United States law
TO be violated then the territorial rights of the United
States whatever they may be- not has been said
Intentionally violated by Great Britain las nation"
II II should be shown that the municipal law of the Union
was infringed
Before conclude this despatch it may be useful place
on record certain facts connected with The question Of
ceutng i'll North America the Of which WILL
doubt not be admitted by Mr.. Marcy and will observe,
ftt That the United States government from the
first perfectly well that her Majesys government
were in want of recruits and desrous of raising
foreign legion Secondly That preparations making
to receive recruits in British North American colony
for such legion. Thirdly That her Majesty's govern
ment expected to receive recruits there for such legion
from the Unled States, although while doing, the,
were anxious not to violate the United States laws
Fourthy That many British subjects aud foreigners in
the United States bona fde "voluneers desirous from
various bat natural and powerful motives to eulist Nu-
merous oilers TO raise men within the United States were
made bat consistently aud honorably refused by her
Majestys ministers and consuls in order TO avoid viola
ting the United States law
Fiftbly: That Mr.. Marcy in confidential communi-
cation with you the subject for months without ever
that am aware OF, warning you against attempting any
thing of the kind stating that the United States would
resis or resent it, apart from any question Of municipal
law thus, in effect acquiescng, and only insisting that
the United States law should BE- respected.
Sixthy That as soon as it became apparent that the
United States adverse TO the scheme and
that ii mig lead violation of the United States law
the whole project abandoned out Of Difference the
United States but this conclusive proof Of the good faith
and good will Of her Mhjeys government has been
noticed or appreciated 10y The government Of the United
States
Seventhly That the whole question in dispute now
turns not what is doing shall may be done by
her MaJesy's government but what done many
months ago under system which is not continuing
be revived and which has been voluntarily and
defniuvely abandoned in order satisfy the United
States and TO prevent the occurrence OF any just ground
for complaint.
The foregoing facts and considerations which demon
strate that no offence to the United States offered
contemplated by her Majesty government may perhaps
have weight with Mr. Marcy if the issue is be
settled in manner becoming the governments OF Great
Britain and the United States aud with deep of the
responsibility which weighs them to maintain unner-
rupod and unshaken the relations of friendship which
now exist between the two countries and her Majesty
government fully recprocahng the feelings of the Unted
States government expressed In Mr. Macys despatch with
regard to the many ties and sympahies which
gelher the people Of the two counres do permit them
selves 10 doubt that such further discussions take
place this question will be conducted in spirit Of
ciliHtiOn.
1t only remains for me tb state that no enlistment in the
British service is valid without attestaon and that
cordng British Laws recruit be in
foreign country in the British colonies without
specially ydeegated authority for that purpose No bind
ing tract could therefore, be made with any with
r the United Statespromises might be made but
money given to enable them to repair to places be-
youd the United States territory for the purpose Of being
enlisted would be advanced risk; nevertheless If it
can be shown that there persons 10 the foreign c
gion who have been enlisted hired in violation Of the
United States law, well of the British law her Maes-
tvs government will be prepared to offer them their dis
charge and TO give them free passage back 10 the United
States, If they choose TO return thther.
You instructed to read and give copy Of this de
spatch 10 Mr. Marcy.
am, &c, CLARENDON.
JOB !. CRAMrroS ESQ., &C. &c, &c.
Lord Clarendon 10 M. Champion,
delivered Mr. Marcy the of tho noah Of May
FoHnGs OFroF, April s. 1855.
SIN entirely approve Of your proceedings reported
in your despatch No. 81, Of the 9Th ulL u respcc tie
proPo'ed eit'eH iN TIE Queens serUice Of foreigners and
British subjscts IN he United States.
The instructions which addressed to you upon this sub
iec and those which the governor Of Nova