The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1858-04-13

Cocyas to the Athcnans that II the duty of the
Athenins if they would be neutral, either to prevent
The Corinthians from raising soldiers in Attica, or to al
low them TO do so.
Rynkershoeck argues at great length The trns'ion
whether it is lawful to enlist in the country of
friendly sovereign, and decides 1t aiirnatiyely lie
says:
if certain that prince prohibits his subjects from transfer
their allegiance and ener into ,hs army navy oanoihe
country such sovereign esnno w, popr. e,, ~ @ o Sr n
Of tho countries o Fope lawful y my opinion for the subject
abandon @ another aud then serve bis new
~ therefore subjects whose assistance
agancc may lawfully hire i'rr services friendly
,o why may nS a that w friendly . prince noe sna @ 10
thu hiring OF soldiers In The territory Of isnd 10 make
~ opinion, therefore which
q p ~ s off, war apply y = s manner s ,he sp
should be expressly stipulated otherwise between the Two soyc
reigus."
lie staes which is peculiarly opposite in this con-
nexon tf3t4 9aff 3i
"a place ,lo year oso between he States Gen
srai o on and the general q The sn. Neherands
Tue states complained 70 MN 'ha 'he BISHOP o. Mpse Willy Mnon
Tho governor answered that he had not author
a. % va. su 4 ,sc var and ihas s states General might
ercise the same right 4 they rieascd.n
Marten says
Every has give liberty raise troops in its do
minions what another,
war or peace, without infringing neutrality"
His position has sort of ct sanction in many of our
treaties We have frequently stipulated that citizens
should not engage IN the ocea against the pow
ers with whom have made Treaties but thirik That
may safely assert that we have never, hut once bound
ourselves 10 prevent enlistment for service land The
exception to which refer is to be found in the twenty
first article of the treaty made by Mr. Jay with Great
Britain on the 10Th November f794 but this article
among Others expressly limited to twelve years
and has never been renewed orreviyed.
The first treaty find this subject is that with the
Netherlands in 1882 II establishes that citizens OF
thcrp of
for armng any ships from any prince State with which
the other is at The provision is found in the
treaty with Sweden in l783 and in that with Prussia of
1885 ahd In others that IL would be tedious to
eunerae The last cited treaty has ah additional clause
which gives by implication the right for which con-
tend. 1t is in these words:
Nor shall either party hire lend give part Of their naval
military the Of the other to aid them onensvey
defensvely against that other
IN the Interpretation of public treaties, well in
private Contracts, this rule Is recognised uniu
tIclo aiers The national force could not be employed
but individual action is restrained We then occupy
this unfivorablc position while all nations may, with
out violation of neutrality, permit enlistmcnt within
their territory for purposes hostile to u.s. have deb
erately tied hands and voluntarily deprived
selves of of the most efficient and legitimate Of
carrying out our foreign policy
might present thousand examples of the armed in
tewenton of organized bands of citizens of neutral
State IN the wars between bcigerent nations in the
civil of Europe aiiu Amer ahd this without being
considered b with the power whose citizens
had thus ntervencd Switzerland has at all times exer
cised this privilege in permitting entire regiments and
bgades to be enlisted within her territory for the
vice of foreign begerent States and the several cntons
have frequently had their citizens regularly organized in
the ranks of both the concndng parties. Elizabeth per-
mtted troops to be raised in England for the assistance
of the people of the Netherlands, in their contest with
Spain, although she then mt peace with that power
because they absoycd from their allegiance and free
to choose their own government Charles authorized
six thousand men to be enlisted for dustavus Adophts
and Major Dalgetty, immortazed by the author of
Waverey but the type of hundreds of soldiers of
fortune who in those days. lent their swords to the SOW
eregn whose cause they espouscd either from political
religious synpahcs because he offered the largest
stipend Far from being cause of rcproach, service in
foreign wars was considered graceful complement OF the
education of gentlemen; and in time of peace at home
young men were encouraged to acquire military know-
edge and experience wherever the hardest blows to
be exchanged During the protracted struggle between
Spain AMI her revoed colonies ON this continent several
Thousand raised in England to aid the revolu
tionists An entire LEGION commanded by General Deve-
fcaix completely organized, armed and equipped, sailed
from England and, although its destination pro-
claimed to oil the world met with interruption from
the government. General Evans, then member of Par
lament from Westminster and officer of the British
army, raised from five to six thousand troops in England
organized them under the title of the British LEGION and
played distinguished part in the Carlist war he re-
tanned his commission and his scat in Parliament and very
many of his officers held commissions in the British army,
and regularly received their hapay during the whole
term oil their service SIlln ROBERT WILSON was
of them, and at the time held his scat in Par
Lament.
During the Greek war of Independence, and after the
passage of neutrality laws levies of troops and
tributons of money openly made both in England
and the United States Two figates built in New
York for the Greeks and the fund for equippng them
falling Short of them purchased by govern
ment-and this under authority of act of Congress
to enable the other to be despatched. In 1882 Cap
tain scrtorius, of the British navy made Portu-
gucse admiral, and openly fitted out considerable
squadron, olicered principally by gentlemen holding
commissions in the British navy, and manned by British
subjects for the service of Don Pedro in the against
Don Miguel He afterwards replaced by Charles Ma
pier then captain in the British navy, and since
manding the Baltic feet in the with Russia Miguel s
fleet captured by him. large land force also re-
cuitcd in England took part in the war; under Sir Neil
ly Doyle, NJ Z. Lord Lansdowne said, in the debate
on the foreign enlistment bill, June, 1919
Gan history would him asserting the
first attempt made TO establish the principle that the subject OF
State could not privately individually assist those
their respective pocnttcs
declare that tho centuries 1887
when the Netherlands resisted Joseph H. there
which not engaged in giving this succor as ipd.
vidna other saes any what in
had ncrcd them in th
popoc The aoIo ntcrcrencc British subjects
vice Of foreign states therefore, inconsistent with the
tfnes Of neutrality. y
Lord Althorpe said, on the 10th April 1928
IN to be remarked that until 1872 when this foreign
men bill passed. related to the
George IT, had been considered that England might be strictly
trail without such law tios who
tend that from the Norman conquest downwards she had,
fact maintained neutrality between the eoncnding partics
But we have that England whenever il suits her
policy not only authorizes but encourages her subjects
to take part in foreign She twice thrice
pended the execution of the foreign enlistment law and
will do again. whenever a sufficient motive offers We
.Ia