New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-24

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| got up in this City to the President of the United
States for the reinstatement of Mr.. Barclay as Brit
sh Consul at this port. 1t will be remembered that
he was dismissed for his completely in the business
Of recruiting foreign legion in the United States
for the Cimea, which was undertaken by the Brit
ish Government during the late war with Russia
ard for other cause. The petition, it is said, as
by proof.
We do not exactly perceive how the President
can restore an officer Of foreign Government,
whom previous Administration dismissed. But
even if he had the power, it appears to US that it
clearly ought not to be exercised in the case of Mr.
Barclay. The signers of the petition must act in
ignorance or disregard of facts if they alege that
there was no proof against him. 1t is true that the
evidence bore more severely upon Mr. Stanley, the
Vice Consul; but it was strong enough against Mr..
Barclay also. The excuse itself set up by Mr.
Barclay is poor and pitful one 1t is that he did
not know what Mr.. Stanley Was doing; that he WAS
ignorant of what was going on in bis own Consulate
Mr.. Giddings used to tell good story of trying
a cause, soon after his admission to the BAR when
he was practicng with old Mr.. Whittlesey Of Ohio
A man was indicted for passing counterfeit money.
Mr.. Giddngs defended him on the ground that he
was non compos mentis, and did not know what he
was doing when he passed the money. The Jury
brought in verdict of Not Guilty. Mr. Giddings
was greatly elated at the result. AZ he came out
Of Court, he met Mr.. Whittlesey, who had listened
TO the opening of the defense, and, rushing up to
him, be joyfuIly exclaimed: Don't you think the
jury have let that fellow off, Eyes, mildly re-
,ponded the old man, land it would have been q
"sreat deal more TO his credit if they had con-
"vcted him."
1t strikes US that Mr.. Barclay would hardly mend
the matter if be could establish his innocence inas-
much as it could only be by proving most culpa'
bic inattention TO the duties of his Office, aud 8
miraculous blindness TO what was taking place
directly before bis eyes. In directing our Ainister
in England to ask the Government OF Gfea5 Bnt-
ain to withdraw AIr. Barclay from the post OF
British Consul at New York" Mr.. Marcy, tho
Secretary of State, employed the following Ian
gusRe:
1.-The perops connected with the British Consulate
Nev.York have been sctveIy engaged 10 fur herring
the recruiting scheme Mr.. Stanley, the assistant Or
clerk of the Consul has taken more open and effect
i've psr than the Consul himself and Is now under an
ndicrr mt for violating the law sg.inst foreign recruit,
ing. The Consul, Mr.. Barclay, could not but know Of
MI SiaDleys conduct in that matter, but be stil re-
taus him in the Consulate. Beside the responsibility
thst rphtuy attaches 10 Mr. Barclay for the improper
conduct of An employee in his Office, sud under bis
immediate snd daily observation, this Government Is
satisfied that be hos himself not only favored the re-
cruiting for the British army, bat has pItcip. ted
in il.
If the crime had been murder, the evidence
ssans. Mr.. Barclay was sufficient to convic. him a.,
an accOmpice. On the trial of Henry Hertz, before
Judge Kane, in Philadelphia, charged With hiring
and retaining person, to go beyond the jurisdiction
of the United States with the intent 10 enlist 10 the
British foreign legion for the Crimes, tbs guilt Of
AIR. Barclay was boldly and unequivocaly admitted
BY Mr. Cuyler, the counsel for the defense in the
following language, addressed to the jury:
"Mr. Barclay, the Consul atNew.Y York, Mr. Mathew
the Con,u at Philadelphia Mr.. CHAMPION, the Brtsh
nLi.tey Washington, have al Of thep sppsaed as