■-oo^ >'^' * -, ''%. <■>, \^ x^^,. -^^ ^^'^ :^ V. " \;'-!^^^^o^ % ,.^^' xO°^ n ^ \ V , C ^^. 'U. ■^'"'^ V ■v' '*,. / \^ ,^^ c> l^ ^. A"* .0^ a^<< >.. <• ^^ ;:*?•,- .sA c^ • 0" ■^oo^ V- y N° ^^ 'W" J-S?' Ok^ O N C „ 't' ' o o ^ S ■,,-f Ui ^■"^^ % ^*^ cV^^ • ' '^c,'^ ■' ■■■■ ■ - '-^ '^ ^^ ' .^^ -^c. 34th Congress, ) SENATE. C Ex. Doc. 1st Session. \ ) No. 35. MESSAGES OF THE PRESIDENT. MESSAGE ^ PRESIDENT OF THE UNITED STATES. IN COMPLIANCE WITH A KESOLUTION OF THE SENATE OF THE 25th INST., CALLING FOR CORRES- PONDENCE BETWEEN THE GOVERNMENTS OF THE UNITED STATES AND GREAT BRITAIN, RELATIVE TO THE ENLISTMENT OF SOLDIERS BY THE AGENTS OF THE LATTER GOVERNMENT, WITHIN THE TERRITORY OF THE UNITED STATES ; MESSAGE PRESIDENT OF THE UNITED STATES, IN COMPLIANCE WITH A RESOLUTION OF THE SENATE OF THE 28th INST., CALLING FOR INFORMATION RELATIVE TO ANY PROPOSITION SUBMITTED TO THE UNITED STATES GOVERNMENT BY THAT OF GREAT BRITAIN, TO REFER THE DIFFERENCE BETWEEN THE TWO GOVERNMENTS AS TO THE CONSTRUCTION OF THE TREATY OF JULY 4, 1850, TO ARBITRATION. Ordered to be printed together; and that 10,000 additional copies be printed, of which 1,000 to be for the use of the Department of State. WASHINGTON: A. O. P. NICHOLSON, SENATE TKINTER. 1856. "n Exchange Peabocy Inst, o-f Baitlmore April 3 1935 34th Congress, ) SENATE. ( Ex. Doc. 1st Session. \ / No. 35. MESSAGE PRESIDENT OF THE UNITED STATES, IN COMPLIANCE WITH A resolution of the Senate of the 25th instant, calling for correspondence betiveen the governments of the United States and Great Britain, rela- tive to the enlistment of soldiers by the agents of the latter government within the territory of the United States. February 28, 1856. — Read, and ordered to be printed ; and that 10,000 additional copies be printed, 1,000 of which shall be for the use of the State Department. To the Senate of the United States : In answer to the resolution of the Senate of the 25th instant, I transmit rej^orts from the Secretary of State and the Attorney Gene- ral, to whom the resolution was referred. FRANKLIN PIERCE. Washington, February 27, 1856. To the President of the United States : The Secretary of State, to whom was referred the resolution of the Senate of the 25tli instant, requesting the President, if not incompati- ble with the public interest^ to communicate to that body "the corre- spondence which has taken place between this government and that of Great Britain, in regard to the enlistment of soldiers within the United States by the agents and ofHcers of the latter, for the British army, accompanied by such evidence and documents as the President may deem proper to show the connexion of these agents and officers ■with the alleged violation of our laws and sovereign rights," has the honor to lay before the President the papers mentioned in the subjoined list. All of which is respectfully submitted. W. L. MARCY. Departiient of State, Washington, February 27, 1856. BRITISH RECRUITMENT List of impers accompanying the report of the Secretary of State to the President, of February 27, 1856. Mr. Crampton to Mr. Marcy, April 21, 1854. Mr. Marcy to Mr. Crampton, April 28, 1854. Lord Clarendon to Mr. Crampton, April 12, 1855. Mr. Marcy to Mr. Buchanan, June 9, 1855. Mr. Buchanan to Mr. Marcy, (extract) July 13, 1855, with an ac- companiment. Mr. Marcy to Mr. Buchanan, July 15, 1855. Mr. Buchanan to Mr. Marcy, (extract,) July 20, 1855^ with an ac- companiment. The same to the same, (extract,) August 3, 1855. Mr. Marcy to Mr. Crampton, September 5, 1855. Mr. Crampton to Mr. Marcy, September 7, 1855. Mr. Marcy to Mr. Buchanan, September 8, 1855. Mr. Buchanan to Mr. Marcy, (extract,) September 28, 1855, with accomj^animents. Mr. Marcy to Mr. Buchanan, October 1, 1855. Mr. Buchanan to Mr. Marcy, (extract,) October 3, 1855. Mr. Buchanan to Mr. Marcy, (extract,) October 30, 1855. Mr. Marcy to Mr. Buchanan, October 13, 1855. Mr. Buchanan to Mr, Marcy, November 2, 1855. Same to the same, (extracts,) November 9, 1855. Lord Clarendon to Mr. Crampton, November 16, 1855. Mr. Marcy to Mr. Buchanan, December 28, 1855, with a copy of the report of the case of the United States against Henry Hertz, and of the proceedings relative to the barque Maury. Mr. Buchanan to Mr. Marcy, (extract,) February 1, 1856. Mr. Crampton to Mr. Marcy. Washington, April 21, 1854. The undersigned, her Britannic Majesty's envoy extraordinary and minister plenipotentiary to the United States of America, has received orders from his government to make to the Secretary of State of the United States the following communication : Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and his Majesty the Emperor of the French, being com- pelled to take up arms for the purpose of repelling the aggression of his Majesty the Emperor of Russia upon the Ottoman Empire, and being desirous to lessen as much as possible the disastrous consequences to commerce resulting from a state of warfare, their Majesties have re- solved, for the present, not to authorize the issue of letters of marque. In making this resolution known, they think it right to announce, at the same time, the principles upon which they will be guided during the course of this war with regard to the navigation and commerce of neutrals. IN THE UNITED STATES. 5 Her Majesty the Queen of the United Kingdom of G-reat Britain and Ireland lias accordingly published the accompanying declaration, •which is identical with that published by his Majesty the Emperor of the French. In thus restricting within the narrowest limits the exercise of their rights as belligerents, the allied governments confidently trust that the governments of countries which may remain neutral during this war will sincerely exert every effort to enforce upon their subjects or citizens the necessity of observing the strictest neutrality. Her Britannic Majesty's government entertains the confident hope that the United States government will receive with satisfaction the announcement of the resolutions thus tahen in common by the two allied governments, and that it will, in the spirit of just reciprocity, give orders that no privateer under Russian colors shall be equipped or victualled, or admitted with its prizes, in the ports of the United States, and also that the citizens of the United States shall rigorously abstain from taking part in armaments of this nature, or in any other measure opposed to the duties of a strict neutrality. The undersigned has the honor to avail himself of this occasion to renew to the Secretary of State of the United States the assurance of his highest consideration. JOHN F. CRAMPTON. Hon. W. L. Marcy, Secretary of State, &c., &c. Mr. Marcy to Mr. Crampton. Department? or State, Washington, April 28, 1854. The undersigned, Secretary of State of the United States, has had the honor to receive the note of Mr. Crampton, her Britannic Majes- ty's envoy extraordinary and minister plenipotentiary, of the 21st instant, accompanied by the declaration of her Majesty the Queen of the United Kingdom of Great Britain and Ireland, in regard to the rule which will for the present be observed towards those powers with ■which she is at peace, in the existing war with Russia. The undersigned has submitted those communications to the Presi- dent, and received his direction to express to her Majesty's govern- ment his satisfaction that the principle that free ships make free goods, which the United States have so long and so strenuously con- tended for as a neutral right, and in which some of the leading powers of Europe have concurred, is to have a qualified sanction by the practical observance of it in the present war by both Great Britain and France — two of the most powerful nations of Europe. Notwithstanding the sincere gratification v/hich her Majesty's declaration has given to the President, it would have been enhanced if the rule alluded to had been announced as one which would be observed not only in the present, but in every future war in which Great Britain shall be a party. The unconditional sanction of 6 BRITISH RECRUITMENT this rule "by the British and French governments, together with the practical observance of it in the present war^ -woukl cause it to he henceforth recognised throughout the civilized workl as a general principle of international law. This government, from its very com- mencement, has labored for its recognition as a neutral right. It has incorporated it in many of its treaties with foreign powers. France, Eussia, Prussia, and other nations, have, in various ways, fully concurred with the United States in regarding it as a sound and salutary principle, in all respects proper to be incorporated into the law of nations. The same consideration which has induced her Britannic Majesty, in concurrence with the Emperor of the French, to present it as a concession in the present war, the desire "to preserve the commerce of neutrals from all unnecessary obstruction," will, it is j)resumed, have equal weight with the belligerents in any future war, and satisfy them that the claims of the principal maritime powers, while neutral, to have it recognised as a rule of international law, are well founded, and should be no longer contested. To settle the principle that free ships make free goods, except arti- cles contraband of war, and to prevent it from being called again in question from any quarter or under any circumstances, the United States are desirous to unite with other powers in a declaration that it shall be observed by each, hereafter, as a rule of international law. The exemption of the property of neutrals, not contraband, from seizure and confiscation when laden on board an enemy's vessel, is a right now generally recognised by the law of nations. The President is pleased to perceive, from the declaration of her Britannic Majesty, that the course to be pursued by her cruisers will not bring it into question in the present war. The undersigned is directed by the President to state to her Majes- ty's minister to this government that the United States, while claim- ing the full enjoyment of their rights as a neutral power, will observe the strictest neutrality towards each and all the belligerents. The laws of this country impose severe restrictions not only upon its own citizens, but upon all persons who may be residents within any of the territories of the United States, against equipping privateers, receiv- ing commissions, or enlisting men therein, for the purjiose of taking a part in any foreign war. It is not apprehended that there will be any attempt to violate the laws ; but should tke just expectation of the President be disappointed, he will not fail in his duty to use all the power with which he is invested to enforce obedience to them. Considerations of interest and the obligations of duty alike give as- surance that the citizens of the United States will in no way com- promit the neutrality of their country by participating in the contest in which the principal powers of Europe are now unhappily engaged. The undersigned avails himself of this opportunity to renew to Mr. Crampton the assurance of his distinguished consideration. W. L. MARCY. John F. Crampton, Esq., dc, dc. [Same, mutatis mutandis, to the Count de Sartiges.] IN THE UmTED STATES. 7 Lord Clarendon to 3Ir. Crampton. [Delivered to Mr. Marcy in the course of the month of May, 1855.] Foreign Office, April 12, 1855. Sir : I entirely approve of your proceedings, as reported in your despatch No. 57, of the 12th iilt., icith respect to the projjosed enlist- ment in the Queen's service of foreigners and British subjects in the United States. The instructions which I addressed to you upon this subject, and those which were sent to the governor of Nova Scotia, were founded upon the reports from various quarters that reached her Majesty's government of the desire felt by many British subjects as well as Ger- mans in the United States to enter the Queen's service for the purpose of taking part in the war in the East ; but the law of the United States with respect to enlistment, however conducted, is not only very just but very stringent, according to the report which is enclosed in your despatch, and her Majesty's government would on no account run any risk of infringing this law of the United States. CLAEENDON. J. F. Crampton, Esq., dc, dc, dc. Mr. Marcy to Mr. Buchanan. [No. 91.] Department of State, Washington, June 9, 1855. Sir : Some time since, it became known that a plan was on foot to enlist soldiers within the limits of the United States to serve in the British army, and that rendezvous for that purpose had been actually opened in some of our principal cities. Besides being a disregard of our sovereign rights as an independent nation, the procedure was a clear and manifest infringement of our laws, enacted for the express j)urpose of maintaining our neutral relations with other powers. It was not reasonable to suspect that this scheme was in any way coun- tenanced by the British government, or any of its subordinate au- thorities resident within the United States or in the British North American provinces ; but a further examination into the matter has disclosed the fact that it has had not only the countenance, but the active support of some of these authorities, and, to some extent, the sanction of the British government. When intimations were thrown out that the British consuls in this country were aiding and encouraging this scheme of enlistment within our limits, Mr. Crampton, her Britannic Majesty's minister to this government, showed me the copy of a letter, which he had addressed to one of them, disapproving of the proceeding, and discountenancing it as a violation of our laws. After this act on tlie part of the British minister, it was confidently believed that this scheme, however it may have originated, and with whatever countenance it might have been 8 BRITISH RECRUITMENT at first looked on by Britisli functionaries, would at once liave been abandoned. This reasonable expectation has not been realized ; for efforts to raise recruits within the United States for the British army have not been intermitted, but are still prosecuted with energy. To arrest a course of proceedings which so seriously compromitted our neutrality, prosecutions^, by the order of the government, were insti- tuted against the offenders. This led to developments which estab- lished the fact that the governor of ISTova Scotia, apparently with the knowledge and approval of her Majesty's government, had a direct agency in this illegal proceeding. I herewith send you a co]3y of an order or notification which has been published in our newspapers, and believed to be genuine, pur- porting to have been issued by that functionary. It clearly appears from this document that the recruits were to be drawn from the United States ; that the engagements with them were to be made within our limits^ in open violation of the second section of the act of Congress of the 20th April, 1818 ; and that British officials were the agents furnished with the means for carrying the illegal measure into effect. These agents have been engaged within our jurisdiction devoting themselves to the execution of this plan. Notwithstanding the legal measures taken by the oflScers of the United States to suppress the procedure, the work is still going on. We have accounts of persons constantly leaving the United States for the British provinces, under engagements, contracted here, to enter into the British military service. Such engagements are as much an infringement of our laws as more formal enlistments. I am directed by the President to instruct you to call the attention of her Majesty's government to this subject. He desires you to as- certain how far persons in official station under the British govern- ment acted in the first instance in this matter with its approbation, and what measures, if any, it has since taken to restrain their un- justifiable conduct. In the early stage of the present war the British government turned its attention towards our neutrality laws, and particularly to the provisions which forbid the fitting out and manning privateers for foreign service. Any remissness on our part in enforcing such pro- visions would have been regarded by that government as a violation et our neutral relations. No one need be at a loss to conjecture how our conduct would have been viewed by the allies, or what would have been their course towards this country if it had not denounced and re- sisted any attempt on the part of their enemy to send its agents into our seaports to fit out privateers and engage sailors to man them ; but would this government be less censurably neglectful of the duties of neutrality by permitting one of the belligerent powers to recruit its armies within our borders, than by permitting another to resort to our seaports for the purpose of organizing a privateer force to take a part in the present war ? Notwithstanding the ceaseless efforts which this government has made for several years past to restrain our citizens, and foreigners among us, from getting up enterprises to invade or disturb the neigh- boring possessions of a European power, the British press has loudly IN THE UNITED STATES. 9 proclaimed, and the Britisli public have been induced to believe, that we have acted in bad faith, and complaisantly looked on, if we have not countenanced, the organization oi' such expeditions. While Eng- land has been severe and acrimonious in abusing the government and people of the United States on tlie false assumption that we have been neglectful, in this respect, of our duties as a neutral and friendly State, her officers are found among us busily engaged in carrying out a scheme in direct violation of our neutral duties, and of our laws pro- viding for the rigid enforcement of these duties. Under a consciousness of not deserving the reproach so gratuitously cast upon us by the British press and public, it would hardly comport with a proper sense of self-respect to refer in the way of complaint to these unfounded imputations ; but it may not be out of place to notice them when called on to animadvert upon the conduct of these accusers for entering into our territories and openly violating our laws and neutral rights at the same time they are severely arraigning this gov- ernment for not restraining and punishing others who have, as they allege, committed the same offence. The excuse offered hy the British authorities for enlisting or en- gaging soldiers to enlist within the United States is, that her Majes- ty's subjects, and Grermans resident therein, had expressed a desire to enter the British army. This fact, if it were unquestionable, would not justify the British authorities in converting the United States into a field for recruiting the British army. Were not the proceedings in open violation of law, a respect for our obligations of neutrality, and the observance of the comity due to us as a friendly power, would render such a course by either belligerent disrespectful to us. The value of such an excuse as is interposed by Great Britain in this case may be tested by its api)lication to another in which there should be a change of parties. Would the fact that her Majesty's subjects, as well as Germans and Spaniards, and the subjects of most other nations resident in the United States, had a strong desire to aid the discontented Cubans in their efforts to throw off the domination of Spain, be accepted by Great Britain or the other nations of Europe as an excuse for the conduct of this government if it had actually con- nived at, or for a moment intermitted its efforts to supi:>ress, expedi- tions attempted to be organized for aiding an insurrection in the island of Cuba ? Such an excuse, though sanctioned by the authority of the British government, would not be at all satisfactory to other powers, and would be disdained by the United States. This government expects that the conduct of the officers of Great Britain who have been en- gaged in the scheme to which I have alluded, will be disavowed by her Majesty's government, and these offenders against our neutral rights and laws will be visited with its marked dis2)leasure. Though the proceedings of this government to frustrate this scheme may have caused the manner of carrying it on to be changed, there is reason to believe that it is still clandestinely prosecuted by British officers with means furnished by their government. The President will be much pleased to learn that her Majesty's 10 BRITISH RECRUITMENT overnment has not authorized the proceedings herein complained of; nd has condemned the conduct of her officials engaged therein, called hem to account, and taken most decisive measures to put a stop to the illegal and disrespectful procedure. I am, sir, respectfully, your obedient servant, W. L. MAECY. James Buchanan, Esq., dc, &c., &c. 3Ir. Buchanan to Mr. Marcy. [Extract.] [No. 80.] Legation of the United States, London, Julij 13, 1855. I herewith transmit the copy of a note addressed hy me to Lord C larendon_, dated on the 6th instant, and prepared in conformity with your instructions, (No. 91) on the subject of the enlistment and em- ployment of soldiers for the British army within the limits of the United States, which I trust may recieve your approbation. It was s ent to the Foreign Office on the 7th, but its receipt has not yet been acknowledged. Yours, very respectfully, JAMES BUCHANAN. Hon, William L. Marcy, Secretary of State. Mr. Buchanan to Lord Clarendon. Legation of the United States. London, July 6, 1855. The undersigned, envoy extraordinary and minister j^lenipotentiary of the United States, has been instructed to call the attention of the Earl of Clarendon, her Majesty's Principal Secretary of State for For- eign Affairs, to the fact that numerous attempts have been made, since the commencement of the existing war between Great Britain and Kussia, to enlist soldiers for tlie British army within the limits of the United States, and that rendezv^ous for this purjDose have been actually opened in some of their principal cities. When intim ions were thrown out that British consuls in the United States were en- couraging and aiding such enlistments, Mr. Crampton, her Britannic Majesty's minister at Washington, exhibited to the Secretary of State the copy of a letter which he had addressed to one of these consuls, disapproving of the proceeding, and discountenancing it as a violation of the neutrality laws of the United States. After this very proper conduct on the part of Mr. Crampton, it was confidently believed that IN THE UNITED STATES. 11 these attempts to raise military forces within the territory of a neu- tral nation, from whatever source they may have originated, would at once have been abandoned. This reasonable expectation has not been realized, and efforts to raise recruits within the United States for the British army are still prosecuted with energy, though chiefly in a somewhat different form. To arrest a course of proceeding which so seriously compromitted the neutrality of the nation in the existing war, prosecutions were instituted, by order of the American government, against the offenders. This led to developments estab- lishing the fact that the lieutenant-governor of Nova Scotia has had a direct agency in attempts to violate the neutrality laws of the Uni- ted States. This will appear from the copy of a notification issued by that functionary, dated at Halifox, on the 15th March last, and believed to be genuine, a copy of which the undersigned has now the honor to communicate to the Earl of Clarendon. This notification has been published in the newspapers of the United States. In con- sequence, it is believed, of this document, purporting to be official, the practice of recruiting still proceeds with vigor, notwithstanding the legal measures adopted by the officers of the tJnited States to suppress it. The American government are constantly receiving information that persons are leaving, and have left the United States, under en- gagements contracted within their limits, to enlist as soldiers in the British army, on their arrival in the British provinces. These per- sons are provided with ready means of transit to Nova Scotia, in con- sequence of the express promise of the lieutenant-governor of that province to '' pay to Nova Scotian and other shipmasters" the cost of a passage for each poor man, " willing to serve her Majesty," "shipped from Philadelphia, New York or Boston." The disclosures made within the very last month, upon a judicial investigation at Boston, (a report of which is now before the under- signed,) afford good reason to believe that an extensive plan has been organized by British functionaries and agents, and is now in successful operation in different parts of the Union, to furnish recruits for the British army. All these acts have been performed in direct violation of the second section of the act of Congress of the 20th April, 1818, which provides, " That if any person shall, within the territory or jurisdiction of the United States, enlist or enter himself, or hire or retain another per- son to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered in the ser- vice of any foreign prince, state, colony, district, or people, as a sol- dier, as a marine or seaman, on board of any vessel of war, letter of marque, or privateer, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding one thousand dollars, and be imprisoned not exceeding three years," &c. The plain and imperative duties of neutrality, under the law of nations, require that a neutral nation shall not suffer its territory to become the theatre on which one of the belligerents might raise armies to wage war against the other. If such a permission were granted, the partiality which this would manifest in favor of one belligerent to the prejudice of the other, could not fail to produce just complaints 12 BRITISH RECRUITMENT on the part of the injured belligerent, and might eventually involve the neutral as a party in the war. The government of the United States, however, did not leave the enforcement of its neutral obligations to rest alone on the law of na- tions. At an early period of its history, in June, 1*794, under the administration of General Washington, an act of Congress was passed defining and enforcing its neutral duties ; and this act has been sup- plied, extended, and enlarged by the act already referred to, and now in force, of the 20th April, 1818. Under both these acts the very same penalties are imposed upon all persons implicated, whether the actual enlistment takes place within the territory of the United States, or whether an engagement is entered into to go beyond the limits or jurisdiction of the United States "with intent to be enlisted or entered 'in the service of any foreign Prince," &c., &c. Without the latter provision, the former might be easily evaded in the manner proposed by the lieutenant-governor of Nova Scotia. If the law permitted any individuals, whether official or unofficial, to engage persons in Phila- delphia, New York, and Boston to serve in the British army, and to enter into contracts to transport them to Halifax, there to complete the formal act of enlistment, then it is manifest that this law, to a very great extent, would become a dead letter. The undersigned is happy to know that in this respect the policy of the British government is identical with that of the United States. The foreign enlistment act, (59 Geo. 3, ch. 69,) like the act of Con- o-ress, inflicts the same penalties upon any individual who shall, within the British dominions, engage " any person or persons whatever '' "to go, or to agree to go, or embark from any part of his Majesty's dominions, for the purpose or with intent to be so enlisted," as though the enlistment had actually taken place within the same. And here it may be worthy of remark, that neither the foreign en- listment act, nor the act of Congress, is confined to the enlistment or engagement of British subjects or American citizens, respectively, but rightfully extends to individuals of all nations — " to any person what- ever." The reason is manifest. The injury to the neutral principally consists in the violation of its territorial sovereignty by the belligerent for the purpose of raising armies ; and this is the same, no matter what may be the national character of the persons who may agree to enter the service. The government of the United States can look back with satisfaction to the manner in which it has performed its neutral duties at every period of its history ; and this often at the imminent risk of being in- volved in war. In the early stage of the present war, the British government very properly turned its attention towards the neutrality laws of the United States ; and particularly to the provisions which forbid the fitting out and manning privateers for foreign service. Any remissness in en- forcing such provisions would have been justly regarded by that gov- ernment as a violation of the neutral relations of the United States. It is not difficult to conjecture in what light the conduct of the Ameri- can government would have been viewed by the allies had it not de- nounced and resisted any attempt on the part of their enemy to send IN THE UNITED STATES. 13 its agents into the ports of the United States to fit out jorivateers, and engage sailors to man them. But would the government of the United States be less censurahly neglectful of the duties of neutrality -were it now to suffer one of the allies to recruit armies within its borders, than it would have been had it permitted the other belligerent to resort to American seaports for the purpose of organizing a priva- teer force to take a part in the present war ? In view of all these considerations, the President has instructed the undersigned to ascertain from the Earl of Clarendon how far persons in official station under the British government have acted, whether with or without its approbation, either in enlisting persons within the United States, or engaging them to proceed from thence to the British provinces for the purpose of being there enlisted ; and what measures, if any, have been taken to restrain their unjustifiable conduct. The President will be much gratified to learn that her Majesty's government has not authorized these proceedings, but has condemned the conduct of its officials engaged therein, and has visited them with its marked displeasure, as well as taken decisive measures to put a stop to conduct so contrary to the law of nations, the laws of the Uni- ted States, and the comity which ought ever to prevail in the inter- course between two friendly powers. Tlie undersigned has the honor to renew to the Earl of Clarendon the assurance of his distinguished consideration. JAMES BUCHANAN. Mr. Marcy to Mr. Buclianan. [No. 102.] Department of State, Washington, July 15, 1855. Sir : Since my despatch of the 9th ultimo, in relation to recruiting soldiers within the United States for the British army, information has been received here that the business is not only continued, but prosecuted with increased vigor and success, and there is no doubt that it is carried on by the efficient aid of the officers and agents of the British government. It was expected, after the attention of her Britannic Majesty's minister near this government was directed to this subject, and after he had presented Lord Clarendon's note of the 12th of April last to this department, and given assurances that steps had been taken to arrest the illegal procedure, that we should have witnessed no further participation by British functionaries in the at- tempt to invade our sovereignty and defy our laws. Something more than the disavowal then made to this department was looked for from the British government, which had, as it appears by Lord Clarendon's note, countenanced this aggression upon our rights. It was reasonably expected that her Britannic Majesty's gov- ernment would have considered it due to the friendly relations be- tween the two countries not merely to reprove its officers engaged in this scheme of raising recruits within our jurisdiction, but promptly 14 BRITISH RECRUITMENT to retrace the steps wliicli had been taken, and at once to arrest the illegal proceedings ; but this government is not aware that any such course has been taken : on the contrary, it has reason to believe that the machinery first put in operation is still at work, and is still man- aged by British functionaries. The notification of the governor of Nova Scotia (a copy of which accompanied my despatch of the 9tli ultimo) is unrevoked ; agents in our principal cities are now busily engaged in making contracts with persons to go into the British prov- inces and there to complete their enrolment in the British army ; liberal advances still continue to be made as an inducement for enter- ing into such engagements, and a free passage to the British prov- inces is provided for them. The facts that these persons receive com- pensation for their engagements, are taken to the provinces free of charge, and there treated as under obligation to perfect their enlist- ment in the British army, show that what has been done in the United States was set on foot by the British officers in the provinces, and that this scheme was not abandoned after the presentation of Lord Clarendon's note of the 12th of April, 1855, but is continued down to the present time, and is prosecuted with more vigor and effect than at any jorevious period. If an apology, grounded upon an alleged ignorance of our laws, could be offered for introducing this scheme for recruiting the British army by men drawn from the United States, that excuse could not be available after the provisions of these laws were first made known to those engaged in the scheme. Since that time many months liave elapsed, and the British officers, with a full knowledge of the illegality of the procedure and of its offensive character to the government and people of the United States as an open contempt of their sovereign rights, persist in carrying on this obnoxious scheme without any open disai)proval by the home government, or any attempt to arrest it. Thispersistenceof British officers, residents here or in the provinces, in countenancing and aiding unrestrained by their government, and apparently with its approval, to carry out this device of drawing re- cruits for the British army from the United States, gives grave im- portance to the subject, and calls, as the President believes, for some decisive reparation. It is presumed that her Britannic Majesty's government will regard it as due to the friendly relations between the two countries which are alike cherished by both, to explain the course it has pursued in this case ; what countenance w^as given to it in the beginning, and what has been subsequently done to put a stop to it. Having at an early stage in the proceedings become aware of the illegal conduct of its officials in this matter, and the objectionable light in which that conduct was viewed by this government, it is not to be supposed that projier measures were not taken by her Britannic Majesty's government to suppress all further attempts to carry out this scheme of enlistment and to punish those who persevered in it. It would afford satisfaction to be informed what measures were adopt- ed by her Majesty's government to arrest the mischief ; but what- ever they were, it is evident they have proved ineffectual, for the IN THE UNITED STATES. 15 ground of complaint still exists, and the practice is continued by the agency of persons beyond the limits of the United States as well as those within them, under circumstances which render a resort to criminal prosecutions inadequate to suppress it. The President is disposed to believe that her Majesty's government has not countenanced the illegal proceedings of its officers and agents since its attention was first directed to the subject, and will consider it alike due to itself and to the United States to disavow their acts, and deal with them in such a manner as their grave ofience merits. As recruiting for the British army, in the mdde alluded to, is still prosecuted within the United States by officers and agents employed for that jnirpose, the President instructs you to say to her Majesty's government that he expects it will take prompt and effective measures to arrest their proceedings, and to discharge from service those per- sons now in it who were enlisted within the United States, or who left the United States under contracts made here to enter and serve as soldiers in the British army. These measures of redress cannot, as the President conceives, be withheld on any other ground than the assertion of a right, on the part of Great Britain, to employ officers and agents to recruit her military forces within our limits in defiance of our laws, and our sove- reign rights. It is not anticipated that any such pretext will be alleged : it certainly cannot be permitted to be a subject of discussion.* The President instructs you to present the views contained in this despatch to her Britannic Majesty's government. I am, sir, respectfully, your obedient servant, W. L. MAKCY. James Buchanan, Esq., djc, &c. Mr. Buchanan to Mr. Marcy. [Extract.] [No. 81.] Legation op the United States, London, July 20, 1855. I transmit the copy of a note received from Lord Clarendon, dated on the IGth instant, in answer to mine of the 6th instant, on the sub- ject of the enlistment and employment of soldiers for the British army within the limits of the United States. In acknowledging the receipt of this note, I have informed his lordship that I shall have much satisfaction in transmitting a copy of it to the Secretary of State, by the next steamer. Yours, very respectfully, JAMES BUCHANAN. Hon. William L. Marcy, Secretary of State. * This paragraph was omitted in the copy handed to Lord Clarendon. 16 BRITISH RECRUITMENT. Lord Clarendon to Mr. Buchanan. Foreign Office, July 16, 1855. The undersigned, her Majesty's Principal Secretary of State for Foreign Affairs, has the honor to acknowledge the receipt of the note which^Mr. Buchanan, envoy extraordinary and minister plenipoten- tiary of the Unitad States, addressed to him on the 6th instant, respect- ing attempts stated to have recently heen made to enlist, within the limits of the United States, soldiers for the British army. The undersigned must in the first instance express the regret of her Majesty's government if the law of the United States has been in any way infringed by persons acting wdth or without any authority from them ; and it is' hardly necessary for the undersigned to assure Mr. Buchanan that any such infringement of the law of the United States is entirely contrary to the wishes and to the positive instructions of her Majesty's government. The undersigned, however, thinks it right to state to Mr. Buchanan that some months ago her Majesty's government were informed, from various sources, that in the British North American possessions, as well as in the United States, there were many subjects of the Queen who, from sentiments of loyalty, and many foreigners who, from politi- cal feeling, were anxious to enter her Majesty's service, and to take part in the war. Her Majesty's government, desirous of availing themselves of the offers of these volunteers, adopted the measures necessary for making generally known that her Majesty' s^government were ready to do so, and for receiving such persons as should present themselves at an appointed place in one of the British possessions. The right of her Majesty's government to act in this way was incontestable ; but at the same time they issued stringent instructions to guard against any violation of the United States law of neutrality; the importance and sound policy of which law have been so well expounded by Mr. Bucha- nan, in whose remarks upon it, as well as upon the foreign enlist- ment bill of this country, her Majesty's government entirely concur. It can scarcely be matter of surprise that, when it became known that her Majesty's government was prepared to accept these voluntary offers, many persons in various quarters should give themselves out as agents employed by the British government, in the hope of earning reward by promoting, though on their own responsibility, an object which they were aware was favorably looked upon by the British government. Her Majesty's government do not deny that the acts and advertisements of these self-constituted and unauthorized agents were in many instances undoubted violations of the law of the United States ; but such persons had no authority whatever for their proceedings from any British agents, by all of whom they were promptly and unequivocally disavowed. With respect to the proclamation by the lieutenant governor of Nova Scotia, enclosed in Mr. Buchanan's note, the undersigned can assure Mr. Buchanan, with reference both to the character of Sir Gaspard le Marchant, and to the instructions he received, as well as to his correspondence on these instructions, that that officer is quite IN THE UNITED STATES. 17 incapable of intentionally acting against the law of the United States; and in proof that he did not in fact do so, the undersigned begs leave to refer Mr. Buchanan to the legal decision given on the particular point adverted to by Mr. Buchanan, by Judge Kane, on the 22d of May last, in the United States circuit court at Philadelphia. The judge says : " I do not think that the payment of the passage from this country of a man ■who desires to enlist in a foreign port, comes within the act."' [The neutrality act of 1818.] "In the terms of the printed proclamation, there is nothing conflicting with the laws of the United States. A person may go abroad, provided the enlistment be in a foreign place, not having accepted and exercised a commission. There is some evidence in Hertz's case that he did hire and retain, and therefore his case would have to be submitted to a jury. In Per- kins's case there was testimony upon which a jury might convict. In Bucknell's case it appears that there was a conversation at which he was present, but there was no enlistment, or hiring, or retaining. The conversation related as to the practicability of persons geing to Nova Scotia to enlist. If the rule I have laid down be correct, then the evidence does not connect him Avith the misdemeanor." "Mr. Bucknell is, therefore, discharged, and Messrs. Perkins and Hertz are remanded to take their trial." As regards the proceedings of her Majesty's government, the under- signed has the honor to inform Mr. Buchanan that Mr. Crampton was directed to issue strict orders to British consuls in the United States to be careful not to violate the law, and Mr. Crampton was enjoined, above all, to liave no concealment from the government of the United States. In the absence of Mr. Crampton from Washington, her Majesty's charge d'affaires placed in Mr. Marcy's hands a despatch from the undersigned on this subject, expressly stating that "her Majesty's government would on no account run any risk of infringing this (the neutrality) law of the United States." The undersigned has, however, the honor, in conclusion, to state to Mr. Buchanan that her Majesty's government — having reason to think that no precautionary measures, with whatever honesty they might be carried out, could effectually guard against some real or ap- parent infringement of the law, wdiich would give just cause for com- plaint to the government of the United States — determined that all l)roceedings for enlistment should be put an end to, and instructions to that effect were sent out before tlie undersigned had the honor to receive Mr. Buchanan's note, as the undersigned need hardly say that the advantage which her Majesty's service might derive from enlist- ment in North America would not be sought for by her Majesty's government, if it were supposed to be obtained in disregard of the respect due to the law of the United States. The undersigned has the honor to renew to Mr. Buchanan the as- surance of his highest consideration. CLARENDON. Hon. James Buchanan. Ex. Doc. 35 2 18 BRITISH RECRUITMENT Mr. Buchanan to 3Ir. Marcy. [Extract.] [No. 83.] Legation op the United States, London, August 3, 1855. Q^T, • ******>^*** Yon will observe, by the London Times of this morning, that Lord Palmerston last night in the House of Commons, in answer to an in- quiry of Mr. Thomas Milnor Glibson, stated as follows : "With regard 'to the question which arose in the United States [respecting the en- listment or engagement of soldiers for the Foreign Legion,] I beg to inform the right honorable gentleman that a similar arrangement [to that at Heligoland] was made at Halifax, by which any persons going there, from whatever quarter, might be enrolled ; but it a}> pearing that that had led to questions within the territory of the United States as to whether or not the law of that country had been violated, her Majesty's government being desirous that no such questions should by possibility arise, has put an end to the enlistment offerees which used to take place at Halifax." *********** Yours, very respectfully, JAMES BUCHANAN. Hon. William L. Marcy, Secretary of State. Mr. Marcy to Mr. Cramjpton. Department of State, Washington, Septemder 5, 1855» Sir : Having ascertained that the scheme to raise recruits for the British army within the limits of the United States was vigorously prosecuted after our first conversation on the subject, and that oiBcers of her Britannic Majesty's government were taking an active part in it, notwithstanding the disapprobation of this government was well known, the President directed Mr. Buchanan, the United States min- ister at London, to be instructed to bring the subject to the attention of Lord Clarendon, her Majesty's Principal Secretary of State for Foreign Affairs. Lord Clarendon, in his reply to Mr. Buchanan's note to him of the 6th of July last, admits that her Majesty's gov- ernment did concur in and authorize some measures to be taken to introduce persons resident in the United States into the British army, but places the justification of the proceedings thus authorized ujion the narrow ground that " stringent instructions " were issued to the British officers and agents to guard against any violation of the United States law of neutrality ; and his Lordship expresses a con- fident opinion that these instructions have been scrupulously observed. IN THE UNITED STATES. 19 He is fully aware that volunteers have emharked in the scheme, who have violated our laws. Though it was anticipted, as he confesses, that such volunteers, assuming to he agents of her Majesty's govern- ment, would take a part in carrying out the authorized scheme of drawing recruits from the United States, and would he likely to in- fringe our laws ; yet as they were, as he alleges, self-constituted and unauthorized agents, he assumes that no responsibility for their con- duct attaches to her Majesty's government or its officers. In authorizing a plan of recruitment which was to be carried out in part within our territories, the British government seems to have forgotten that the United States had sovereign rights, as well as mu- nicipal laws, which were entitled to its respect. For very obvious reasons the officers employed by her Majesty's government in raising recruits from the United States would, of course, be cautioned to avoid exposing themselves to the penalties prescribed by our laws ; but the United States had a right to expect something more than precautions to evade those penalties: they had a right to" expect that the government and officers of G-reat Britain would regard the policy indicated by these laws, and respect our sovereign rights as an inde- pendent and friendly power. It is exceedingly to be regretted that this international aspect of the case was overlooked. As to the officers of the British govern- ment, it is not barely a question whether they have or have not ex- posed themselves to the penalties of our laws, but whether they have in their proceedings violated international law and offered an affront to the sovereignty of the United States. As functionaries of a foreign government, their duties towards this country as a neutral and sov- ereign power are not prescribed by our legislative enactments, but by the law of nations. In this respect their relation to this government ditiers from that of private persons. Had there been no acts of Con- gress on the subject, foreign governments are forbidden by that law to do anything which would in any manner put to hazard our position of neutrality in respect to the belligerents. The information which has been laid before the President has con- vinced him that the proceedings resorted to for the purpose of draw- ing recruits from this country for the British army have been insti- gated and carried on by the active agency of British officers, and that their participation therein has involved them in the double offence of infringing our laws and violating our sovereign territorial rights. If there were sufficient reasons to believe that by skilfully interposing private persons as ostensible actors in carrying out their arrangements, these officers have successfully shielded themselves from the penalties of our laws, still they, as well as their government, if they have acted by its authority, are responsible as parties to a procedure which constitutes an international offence of such a grave character as cannot be passed unnoticed by this government. While strenuously exerting its au- thority, as it has frequently done, and is still doings to prosecute and punish its own citizens for infringing its obligations of neutrality, it could not allow itself to pass lightly over the like offence committed by foreigners acting as the authorized agents of another government. The case which the United States feel bound to present to her 20 BRITISH RECRUITMENT Majesty's government, involves considerations not embraced in Lord Clarendon's reply to Mr. Buchanan's note. The question is not whetlier that government has authorized, or any of its officers have done acts for which the punishment denounced by our laws can be inflicted, but whether they participated in any form or manner in proceedings contrary to international law, or derogatory to our national sover- eignty. It is not now necessary, therefore, to consider what techni- cal defence these officers might interpose if on trial for violating our municipal laws. This whole scheme of raising recruits for the British army within or from the United States, together with the agents and means used to carry it out, is now in the way of being developed, and I regret that the disclosures already made appear to implicate so many of her Majesty's officers resident as w^ell in the United States as in the adja- cent British provinces. The President perceives with much regret that the disclosures implicate you in these proceedings. He has, therefore, preferred to communicate the views contained in this note to her Majesty's government through you, her representative here, rather than through our minister at London. The information in his possession does not allow him to doubt that yourself, as well as the lieutenant governor of Nova Scotia, and several civil and military of- ficers of the British government of rank in the provinces, were instru- mental in setting on foot this scheme of enlistment ; have offered inducements to agents to embark in it, and approved of the arrange- ments for carrying it out, which embraced various recruiting estab- lishments in different cities of the United States, and made liberal provision for funds to be used as inducements for persons residing therein to leave the country for the purpose of enlisting in the British military service. These arrangements are utterly incompatible with any p)retence that they were designed merely to afford facilities to British subjects or other foreigners in tliis country to carry out their Avishes, prompted purely by " sentiments of loyalty " or "political feeling," to participate with the allies in the existing war in Europe. The information in the possession of this government is so well es- tablished by proof, and corroborated by so many public acts, that the President feels warranted in presenting to the British government this conduct of her Majesty's officers, as disrespectful to the United States and incompatible with the friendly relations between the two coun- tries. Among the solemn duties imposed upon the President is that of maintaining and causing to be respected the sovereign rights of the United States, and to vindicate before the world their good faith in sustaining nentral relations with other powers ; and from this duty he will not allow himself to be diverted, however unpleasantly it may affect his personal or official relations with individuals. The course which the President would deem it j^roper to take, towards the implicated officers within the United States, depends in some measure upon their relation to their government in this matter. Lord Clarendon's note of the 16th of July does not make it quite clear that lier Majesty's government is prepared to disavow the acts complained of and to throw the entire responsibility of them upon its IN THE UNITED STATES. 21 officers tand agents. ' ' Stringent instructions' ' were undoubteclly given to her Majesty's officers " to guard against any violation of the United States law of neutrality ;" but it does not appear that respect for our territorial sovereignty, or the well known policy of the United States as a neutral, not specifically embraced in our municipal enactments, was enjoined. The instructions miglit therefore be formally complied with, and these officers at the same time do acts which constitute an offence against our rights as a sovereign power. Such acts it is be- lieved they have committed ; whether with or without the approval or countenance of their government does not authoritatively appear. Lord Clarendon, it is apprehended, was not well informed as to the proceedings which had taken place in regard to the recruitments in this country, when he expressed the opinion that the persons engaged in carrying them out, whose conduct he does not deny was illegal, were self-constituted and unauthorized agents. This government has good reasons for believing that these agents had the direct sanction of British officers for their conduct, and were employed by them. If these officers are sustained in what they have done, and author- ized others to do in tJiis matter, by their government, the President will look to that government in the first instance, at least for a proper measure of satisfaction ; but if their conduct is disavowed, and de- clared to have been contrary to the instructions and without the coun- tenance or sanction of her Majesty's government, the course imposed upon him by a sense of duty will in that case be changed. The object of this note is to ascertain how far the acts of tlie known and acknowledged agents of the British government, done within the United States, in carrying out this scheme of recruiting for the British army, have been authorized or sanctioned by her Majesty's government. I avail myself of this opportunity to renew to you, sir, the assu- rance of my high consideration. W. L. MARCY. John F. Crasipton, Esq., d-c, d'c, d-c. Mr. Crampton to Mr. Marcy. Washington, September 7, 1855. Sir : I have the honor to acknowledge the receipt of your note of the 5th instant, upon the subject of alleged recruitments in the United States of soldiers for the British army. As your note, although addressed to myself, refers in a great measure to a correspondence which has taken place between Lord Clarendon and Mr. Buchanan, on the same subject, I have thought it expedient to defer replying at length to your present communication, until I shall have been more fully put into possession of the views of her Majesty's government, in regard to all the matters to which it relates. I shall then do myself the honor of addressing to you a further communication; and I confidently trust that I shall be enabled alto- 22 BRITISH RECRUITMENT gether to remove tlie unfavorable impression •whicli lias been created as to tlie motives and conduct of her Majesty's government, and their officers, including myself, in regard to this matter. I avail myself of this opportunity to renew to you, sir, the assu- rance of my high consideration. Hon. W. L. Maecy, d;c., dc, &c. JOHN F. CKAMPTON. 3Ir. Marcy to Mr. Buclia7ian. [No. 107.] Department of State, Washington, Septeinher 8, 1855. Sir : In my private letter of the 2d instant, I informed you that I had prepared an official note, relative to the British enlistments within the United States, to wdiicli British officers were auxiliary. As Mr. Crampton was personally implicated, it was determined to send it to him, although other communications on the subject had been addressed to you. The note was sent to Mr. Crampton on the otli instant, and yester- day I received one from him, in which he informs me that he shall send my note to his government for directions as to the reply. I herewith transmit to you copies of the notes above alluded to, together with copies of a part of the proofs in possession of this gov- ernment on the subject, implicating her Britannic Majesty's officers. I do not believe Strobel's statement can be successfully impeached. I am quite sure it cannot be in its essential parts. Lord Clarendon must have been misinformed as to the actual state of things here, when he assured you that the jiersons who had violated our neutrality law were self-constituted and unauthorized agents. If the British government choose to take pains to ascertain what disposition has been made of the large sums of money expended in carrying out the scheme of enlistments in this country, it will find that a considerable amount of it has gone into the hands of these agents, and that it was paid to them for the purpose of being expended in the United States, in raising recruits for the British military service. I am, sir, respectfully, your obedient servant, W. L. MARCY. James Buchanan, Esq., &c., &c., &c. Mr. BucJianan to Mr. 3Iarcy. [Extract.] [No. 93.] Legation of the United States, London, September 28, 1855, Sir : I have the honor to acknowledge the receipt of your despatch No. lOTj of the 8th instant, with the accompanying documents. IN THE UNITED STATES. 23 I transmit to yon the copy of a note of yesterday's date, received tliis morning from Lord Clarendon, in reference to your note to Mr. Crampton of the 5th instant on the subject of British recruitments in the United States, together with a copy of my note of this date ac- knowledging its receipt. I have been thus prompt in notifying his lordship that I had no instructions which would warrant me in inter- fering with the correspondence commenced between Mr, Crampton and yourself at Washington, so that there might be no reason for any delay on the part of the British government in sending their instruc- tions to that gentleman. I doubt very much, however, whether the confident trust expressed by him in his note to you of the 7th instant will be realized, that after having been more fully put into possession of the views of his government he " shall be enabled altogether to re- move the unfavorable impression which has been created as to the motives and conduct of her Majesty's government and their officers, including myself, [himself,] in regard to this matter." Lord Claren- don's note to me of yesterday renders it improbable that Mr. Cramp- ton will receive any such instructions ; and I doubt whether the ex- pression of his confident trust to this effect has received the approba- tion of his lordship. I also transmit a copy of my note of the 18th July last to Lord Clarendon, to which he refers in his note to me of yesterday. I com- municated to you the substance of this note in my No. 81, of the 20th July, though at that time I did not deem it necessary to send a full copy. I have not time at present, before the closing of the bag, to make some observations which I had intended to do on the subject. I may resume it next week. Yours, very respectfully, JAMES BUCHANAN. Hon. William L. Marcy, Secretary of State. Lord Clarendon to Mr. Buchanan. Foreign Office, September 27, 1855. Mr. Buchanan, envoy extraordinary and minister plenipotentiary of the United States at this court, will probably have received from his government a copy of a letter which Mr. Marcy, Secretary of State of the United States, addressed to Mr. Crampton, her Britannic Majes- ty's envoy extraordinary and minister plenipotentiary in the United States, on the 5th of this month, on the subject of the communication which the undersigned, her Majesty's Principal Secretary of State for Foreign Affairs, had the honor to make to Mr. Buchanan on the 16th of July, in reply to his note of the 6th of that month, complaining of the proceedings of British agents and British colonia,l luthorities in raising within the States of the Union recruits for the British 24 BRITISH RECRUITMENT military service, in violation (as was alleged) of the act of Congress of the 20th of April, 1818. The undersigned had hoped, from the answer which he received from Mr. Buchanan on the 18th of July, that the explanations and assurances which he had given on this suhject in his note of the 16th of that month would liave proved as satisfactory to the government of the United States as they appeared to be to Mr, Buchanan ; and it was therefore with no less disappointment than regret, that her Majes- ty's government perused the letter addressed hy Mr. Marcy to Mr, Crarnpton on the 5th instant, of which the undersigned encloses a copy to Mr. Buchanan in case he should not have received it from Washington. In this letter, Mr. Marcy, laying less stress than Mr. Buchanan did upon the alleged infraction of the municipal laws of the United States, dwells chiefly upon the point, which was but slightly adverted to by Mr. Buchanan, of an assumed disregard of the sovereign rights of the United States on the part of the British authorities or the agents em- ployed by them. Her Majesty's government have no reason to believe that such has been the conduct of any persons in the employment of her Majesty, and it is needless to say that any person so employed would have de- parted no less from the intentions of her Majesty's government by violating international law, or by offering an affront to the sovereignty of the United States, than by infringing the municipal laws of the Union to which Mr, Buchanan more particularly called the attention of the undersigned. Her Majesty's government feel confident that even the extraordinary measures which have been adopted in various parts of the Union to obtain evidence against her Majesty's servants, or their agents, by practices sometimes resorted to under despotic in- stitutions, but which are disdained by all free and enlightened gov- ernments, will fail to establisli any well-founded charge against her Majesty's servants. The British government is fully aware of the obligations of inter- national duties, and is no less mindful of those obligations than is the government of the United States. The observance of those obliga- tions ought, undoubtedly, to be reciprocal ; and her Majesty's govern- ment do not impute to the government of the United States, that while claiming an observance of those obligations by Great Britain, they are lax in enforcing a respect for those obligations within the Union, But as this subject has been mooted by Mr. Marcy, her Majesty's government cannot refrain from some few remarks respecting it. The United States profess neutrality in the present war between the Western Powers and Russia ; but have no acts been done within the United States, by citizens thereof, which accord little with the spirit of neutrality ? Have not arms and ammunition, and warlike stores of various kinds, been sent in large quantities from the United States for the service of Russia? Have not plots been openly avowed, and con- spiracies entered into without disguise or hindrance, in various parts of the Union, to take advantage of the war in which Great Britain is engaged, and to seize the opportunity for promoting insurrection in IN THE UNITED STATES. 25 her Majesty's dominions, and tlie invasion thereof by an armed force proceedine promj)tly and wholly abandoned. After the lapse of some time, this government discovered that it had looked with a mistaken confidence to a result so much desired. Throughout the months of April, May, and June, the business of recruitment proceeded upon a wider field, and with increased vigor ; it was extended to regions which it had not hitherto reached ; the efforts of our magistrates and tribunals scarcely checked, but could not arrest it ; and proofs were daily brought out which show that the recruiting business derived vitality and energy from the countenance and means afforded by her Majesty's officers resident in the United States and in the adjoining British provinces. To arrest the evil, an appeal to the British government, unpleasant as such a step was, became necessary, and in the early part of June you were directed by the President to present the case to the notice of the Earl of Clarendon. In your note to Lord Clarendon of the 6th of July the case is clearly and ably laid before his lordship_, and he is assured that this government had reason to believe, and did believe, that British officers were engaged in carrying out a scheme of recruit- ing for the British army within the United States in contravention of their laws and sovereign rights ; and you were instructed to ascertain from the British government how far these officers had acted with or without its approbation, and what measures, if any, had been taken to restrain their unjustifiable conduct. Lord Clarendon was assured that the President would be gratified to learn that her Majesty's gov- ernment had not authorized the proceedings complained of ; that it had condemned the conduct of its officials engaged therein ; had visited them with its marked displeasure, and taken measures to arrest the proceedings complained of. The reply to this note deserves particular notice on several accounts, but especially for the difierence between it and the despatch of the IGth of November, now under consideration. IN THE UNITED STATES. 47 In the note of the IGth of July Lord Clarendon seems to admit that the restraining eifcct of the law of the United States in regard to recruiting is such as this government asserts it to he ; hut, by his exposition of that law in his despatch of the 16th of November, it is bereft of the very stringent character he had before ascribed to it, and it is now so construed by him as to afford justification for such 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 subjects and foreigners in the United States, who wished to enter her Majesty's service and take part in the war, its desire to accept these volunteers, and to re- ceive such as should present themselves at an appointed place in one of the British ju'ovinces. That Lord Clarendon intended, in his note of the IGth July, to exclude all pretension to a right to publish handbills offering in- ducements, and to send agents into the United States for recruiting purposes, is shown by the following passage: "It can scarcely be matter of surprise that, when it became known that her Majesty's government was prepared to accept these voluntary offers, many j)er- sons, in various quarters, should give themselves out as agents em- ployed by the British government, in the hope of earning reward by promoting, though on tlieir own responsibility, an object vrhich they were aware was favorably looked upon by the British government. Her Majesty's government do not deny that the acts and advertise- ments of these self-constituted and unauthorized agents were, in many instances, undoubtedly violations of the laws of the United States ; but such persons had no authority whatever for their proceedings from any British agents, by all of whom they were promptly and unequivocaily disavowed." These positions taken by the Earl of Clarendon brought the mat- ter to a definite point. This government took issue upon his allega- tion that the persons engaged in recruiting in the United States were self-constituted, unauthorized agents, whose acts had been disavowed ; and it maintained, on the contrary, that the persons performing them were authorized agents, and had embarked in that service in con- sequence of inducements, stronger than the mere hope of uncertain reward, held out to them by British officers ; that they were prom- ised commissions in the British army, and some of them were actually received and treated as fellow officers, and as such Avere paid for their services, received instructions from her Majesty's servants for the guidance of their conduct while within the United\States, and were furnished in the same way with abundant funds for carrying on their recruiting operations in this country. The persons engaged in the United States in recruiting were, in fact, the agents and instru- ments of eminent British functionaries resident here and in the nei"-h- boring British provinces. The numerous judicial investigations and trials have brought out a mass of testimony too strong to be resisted, implicating these functionaries and sustaining the foregoing allega- tions. When this state of the case was presented to Lord Clarendon, with the designation by name of some of the higher British officers, with 48 BRITISH RECRUITMENT the assurance hj 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 lordship did not then call for the evidence, as he has since done, hut disposed of it hy the general declaration " that even the extraordinary measures which have been adopted in various parts of the Union to obtain evi- dence against her Majesty's servants, or their agents, by practices sometimes resorted to under despotic institutions, but which are dis- dained by all free and enlightened governments, will fail to estab- lish any well-founded charge against her Majesty's servants." It is ]iresumed that his lordship's misapprehension as to the char- acter of the evidence, and the means by which it was obtained, has been since corrected ; because, in his last note he not only calls for the names of the British officers implicated, (though some of them had been before given,) and the specific charges against them, but for a jDarticular statement of the evidence by which these charges are sustain- ed, professing to have very imperfect information in regard to the matters complained of, although full four months had passed since his attention was first called to them by this government. The exposition he has given to the statute of the United States against recruiting, and the restrictions he has placed upon our sover- eign rights, show that his views on that subject have been greatly modified since his first despatch was written. As that law is now construed by him, scarcely any evidence, how- ever obtained, or whatever be its character, will be sufficient to im- plicate any one in the offence of recruiting within the United States. If the views of Lord Clarendon as to that law and the sovereign rights of the United States can be maintained, the territories of this country are open, almost without restriction, to the recruiting opera- tions of all nations, and for that purpose any foreign power may sus- tain a vigorous competition with this government upon its own soil. This government does not contest Lord Clarendon's two propositions in respect to the sovereign rights of the United States — first, that, in the absence of municipal law, Great Britain may enlist, hire, or en- gage, as soldiers, within the British territory, persons who have left the United States for that purpose ; (this proposition is, however, to be understood as not applying to persons who have been enticed away from this country by tempting offers of reward, such as commissions in the British army, high wages, liberal bounties, pensions, and por- tions of the royal domain, urged on them while within the LTnited States_, by the officers and agents of her Majesty's government ;) and sec- ondly, no foreign power has a right to "enlist and organize and train men as British soldiers within the United States." The right to do this Lord Clarendon does not claim for his government; and whether the British officers have done so or not is, as he appears to under- stand the case, the only question at issue, so far as international rights are involved, between the two countries. In his view of the question as to the rights of territory, irrespective of municipal law, Lord Clarendon is understood to maintain that her Majesty's government may authorize agents to do anything within the United States, short of enlisting, and organizing, and training IN THE UNITED STATES. 49 men as soldiers for fhe British army, with perfect respect to the sove- rei,i:;n rights of this country. This proi)Osition is exactly the reverse of that maiLtained hy thLs government, which holds that no foreign power whatever has the right to do either of the specified acts without its consent. No for- eign power can, by its agents or officers, lawfully enter the territory of another to enlist soldiers fir its services, or organize or train them therein, or even entice persons away in order to be enlisted, without ex|)i-ess permission. This, as a rule of international law, was considered so well settled that it was not deemed necessary to invoke the authority of publicists to support it. I am not aware that any modern writer on interna- tional law lias questioned its soundness. As this important principle is controverted by Lord Chirendon, and as its maintenance is fatal to his defence of British recruiting here, I ])ropose to establish it by a reference to a few elementary writers of eminence upon the law of nations: " Since a right of raising soldiers is a right of majesty which can- not be violated by a foreign nation, it is not permitted to raise sol- diers on the territory of another without the consent of its sove- reign. ' ' — Woljius. Vattel says, that "the man who undertakes to enlist soldiers in a foreign country without the sovereign's permission, and, in general, whoever entices away the subjects of another State, violates one of the most sacred rights of the prince and the nation." He designates the crime by harsher names than I choose to use, which, as he says, "is punished with the utmost severity in every well regulated State." Vattel further observes, that "it is not presumed that their sovereign has ordered them [foreign recruiters] to commit a crime ; and sup- posing, even, that they had received such an order, they ought not to have obeyed it ; their sovereign having no right to command what is contrary to the law of nature." flantefeuille, a modern French author of much repute, regards permission (and acquiescence implies permission) by a neutral power to one belligerent, though extended to both, to raise recruits in \is territories, unless it was allowed in peace, to be an act of bad faith, which compromits its neutrality. Theie can be no well founded distinction, in the rule of interna- tional law, between raising soldiers for a belligerent's army and sailors for its navy within a neutral country. Hautefeuille says, "the neutral sovereign is under obligation to prohibit and prevent all levy- ing of sailors upon its territory for the service of the belligerents." Again he says, "the neutral must prohibit, in an absolute manner, the levying of sailors upon its territory to complete a ship's company- reduced by combat, or any other cause." "The proliibitions to engage sailors on the territory of a pacific 7:)rince must extend to foreigners who are found in the ports of his jurisdiction, and even to those who belong to the belligerent nation owning the vessel that wishes to complete its crew, or ship's com- pany." Ex. Doc. 35 4 50 BRITISH RECRUITMENT Reference to other writers might he made to sustain the position contended for by this government, and to overthrow that advanced by Lord CLarendon, hut the authority of those presented is deemed suf- ficient for that purpose. This view of the law on the subject w^as presented to Parliament when the foreign-enlistment bill was under debate. On that occasion Lord Stanley said that the object proposed by it was " to resort to a practice which, for the last hundred years, the opinion of European statesmen had not hesitated to condemn." This is the doctrine on the subject of recruiting soldiers and sailors by belligerents on neutral soil, which this government maintains, and insists upon applying to the present case. There is another view of territorial rights which Lord Clarendon has not distinctly brought out, but which has a direct bearing u})on the question under consideration. The extent of a nation's sovereign rights depends, in some measure, upon its municipal laws. Other powers are bound, not only to abstain from violating such laws, but to respect the policy of them. The British officers who set in opera- tion the scheme for recruiting in this country, which resulted in numerous acts against its law, being beyond its jurisdiction, did not, by such a proceeding, expose themselves to the penalties denounced by that law ; but they violated its policy, and their acts, if done in obedience to the orders of their government, or in carrying out its purposes, involved that government in responsibility for their con- duct. It is the sovereign right of every independent State, that all foreign powers shall abstain from authorizing or instigating their ofiicers or agents to do that, even within their own dominions, which would, as a natural or very probable consequence, lead to the contra- vention of the municipal laws of such State. Some of the proceed- ings by British officers and agents, in regard to recruiting within the United States, though conducted beyond the limits thereof, were con- sidered by this government an infringement of their sovereign rights, and constituted one ground of remonstrance to her Majesty's govern- ment. But Lord Clarendon's exposition of the municipal law of the United States, in respect to recruiting therein, has created much more sur- prise than the restrictions he has laid on the sovereign rights of this country. If I do not misconceive his meaning. Lord Clarendon's interpreta- tion nearly annuls the clause in the act of Congress which prohibits enlisting within the United States for foreign service, and thus leaves to British officers and agents full liberty to do almost anything for that purpose. He says " that no enlistment in the Brkish service is valid without attestation, and that, according to British laws, a recruit cannot be attested in aloreign country, nor even in the British colonies, without a specially-delegcited authority for that purpose." The other provisions of the law, which forbid hiring or retaining persons within the United States to go beyond the limits thereof, for the purpose of enlisting in foreign service, are reduced to the same imbecility by a similar course of reasoning. Lord Clarendon says : IN THE UNITED STATES. 51 *"' No binding contract could, therefore, be made with any man within the United States — promises might be so made ; but any money given to men to enable them to repair to places beyond the United ►States territory tor the purpose of being enlisted^ would be advanced at a risk."' In order to prevent misconception as to Lord Clarendon's views on this subject, and to show that the inferences here deduced from them are correct, I add another extract from his despatch of the 16th of November ; '' There can be no question that the men who went to Halifax were free, and not compelled to be soldiers on their arrival. Upwards of one hundred Irishmen in one body, for instance, if her Majesty's government are rightly informed, refused to enlist on arriving there, and said they came in order to work on a railway. They were there- fore not enlisted, hired, or retained, as soldiers in the United States : no attempt was made to enforce against them any such contract or engagement.'' Lord Clarendon, it is true, uses language in other parts of that despatch which seems to admit that enlisting into foreign military service within the United States, or hiring or retaining persons to leave the United States to enlist into such service, would be a vio- lation of the United States neutrality law; but this admission amounts to nothing, when taken in connexion with his definition of the terms enlisting, hiring, or retaining. In his view, as I understand it, each act must be the result of a valid contract. If tlie persons are not bound, when they have left the United States, to perfect their enlist- ment, then there has been no violation of the United States law. 8uch a contract made in the United States, being expressly prohibited by law, would, of course, be void. I think this conclusion is lairly deduced from Lord Clarendon's language, or rather, is his own con- clusion, stated by him in a different manner. This government cannot concur in these views. They deprive the law of the United States of all stringency, and render it a dead letter. The earlier opinion of Lord Clarendon in regard to that law is the one which this government strenuously maintains. In his despatch of the 12th of April, to which I have already re- ferred, he aclmits " that the law of the United States with respect to enlistment, however conducted, is not only very just, but very strin- gent;" but, as I understand his latter opinion^ the law imposed very little restraint upon the British officers and agents who embarked in the scheme of recruiting in this country ; it left them with all the liberty they had occasion to use for their purpose ; they could pene- trate every part of the country ; open rendezvous in any city ; pub- lish handbills, ornamented with the emblem ot England's royalty, presenting every inducement for enlisting which a United States officer engaged in recruiting troops for his own government could offer ; and yet, in doing all these things, they would comply with the stringent instructions — so often repeated to them, and now so much relied on for their justification — not to violate the United States law of neutrality. Under the construction given by her Majesty's government to that 52 BRITISH RECRUITMENT law, the injimction not to violate it could have had very little signifi- cance, and is not admitted by this government as an available excuse for wliat was done by her Majesty's officers and agents. After the most deliberate and respectful consideration of Lord Clar- endon's views, in his despatch of the 16th of November, as to the fiovereio-n rights of the United States, the effect of their neutrality law, and the conduct of the British officers and agents in carrying out the scheme of recruiting, this government is constrained to differ most widely from them all. It cannot but regard the original design, which had the sanction of the British cabinet, as a dangerous measure, which should not have been adventured on without the consent of this government. The scheme for carrying out that design, which, it is presumed, was devised in the United States or the British provinces, was iramed in an utter disregard of the act of Congress, and almost every step in the pro- curess of executing it was attended by the transgression of that law. The reasons offered by Lord Clarendon for not having acted, on the complaint of this government, against the British officers who were eno-aged in recruiting within the United States, and the precedent condition to be performed before that complaint will be attended to^ deserve particular consideration. Lord Clarendon says "they (her Majesty's ministers) must, therefore, request the United States gov- ernment to make and establish more distinct charges, with proper specifications against particular individuals by name ; and that gov- ernment vv'ill, 1 am confident, not deny the justice and the necessity of o-iving each person implicated the opportunity of knowing what is al- feo-ed^against himself, and of dealing with the evidence by which the charge may be supported." In your note to Lord Clarendon of the 6th of July, the charges, as well as the designation of persons, were less distinctly presented than in the despatches subsequently laid before her Majesty's government ; yet in Lord Clarendon's reply to that note he did not object to the charges for being indefinite, or to the designation of the persons im- plicated for uncertainty. He did not deny that the United States law had been violated, but insisted that it had been done by self-consti- tuted and unauthorized persons, for whose acts British officers were not responsible. In my despatch of the 5th of September, addressed to Mr. Cramp- ton the charges were repeated with more distinctness, and Mr. Cra'mpton himself and Sir Gaspard le Marchant were both named. Lord Clarendon appears to have understood that her Majesty's con- suls in some of the cities of the Union were included in the charge against British officers resident within the United States. Nothing was said in Lord Clarendon's reply to my despatch of the 5th Sep- tember, concerning his imperfect information on the subject, or his uncertainty as to the persons complained of; nor did he then call for the evidence by which the participation of the British officials in the infraction of the law of the United States was to be established ; but he set aside the whole of the evidence by the sweeping allegation, that the practices resorted to for obtaining it rendered it incompetent "to establish any well-founded chargeagainst her Majesty's servants." IN THE UNITED STATES. 53 The ground taken in July — that the persons engaged in recruiting, who had violated the law of the United States, were self-constituted and unauthorized agents — is abandoned in his despatcli of November. In the latter it is not denied that these persons have acted under the authority of the British government; but her Majesty's ministers now propose to give their attention to the demand of this government for redress, if it will make and establish more distinct charges, with proper specifications, against particular individuals by name. Quite as much, and, indeed, more tlmn is usual, has been done in this case in specifying charges and indicating the persons implicated. The despatches from this government in the possession of the British min- isters made such disclosures as to the infringement of the law and rights of the United States, and as to the British officers and agents concerned therein, as called for a full investigation of the subject by her Majesty's government. Such an investigation on its part was, in the opinion of the United Stat<3s, due to the friendly relations of the two countries, and would have been in strict conformity to established usage; but that government has remained apparently inactive, and is, it seems, disposed so to remain until the American Secretary of State shall name the individual persons accused, describe the particu- lar acts performed by each, with specification of time, place, and the evidence relied on to sustain the charges; until the proceedings shall assume, as it were, the form, and be conducted by the legal rules, of a criminal trial, in which the government of the United States is to pre- sent itself as the prosecutor and the accused as the defendants. It is believed that such a course is unprecedented in diplomacy, and is a dangerous departure from that hitherto pursued in similar cases. If generally adopted, it would introduce a new element of discord into international intercourse, which could not fail to disturb the peace of nations, and would inevitably lead to a protracted controvers}", en- gendering at each step in its progress hostile feeling between the parties. Though the example of this government may not be much regarded, I will refer to an instance of a recent date, in a matter of less grave importance, but of similar character to that under discussion, as illustrating the course which, in the opinion of this government, should have been pursued in this case. Not long since her Majesty's minis- ter, Mr. Orampton, represented to this government that the barque Maury was being fitted out in the port of New York as a privateer to depredate upon the commerce of the allies. The evidence, if it could be called such, to sui)port the charge, consisted of affidavits de- tailing loose rumors, ami some circumstances about her equipment which justified a bare suspicion of an illegal purpose. If there could be a case which would warrant the course suggested by her Majesty's ministers in respect to the complaint of this government against British recruitments within the United States, it would be that of the barque Maury ; but the President, without the slightest hesitation or delay, ordered proceedings to be instituted against that vessel and against all persons who should bo found to be implicated. All the alleged causes of suspicion were immediati3ly investigated, and the 54 BRITISH RECKUITMENT result, which showed the utter f:croniidlessne8S of the charges, was promptly communicated to her Majesty's government. If this government, acting upon the rule now prescribed in the case ot British recruitments in this country, had replied to that of Great Britain, on the complaint against the barque Maury, that inasmuch as Mr. Crampton had not made any definite charge ; had not named the persons accused, with a ])recise statement of their acts or when and v\^efe done, or produced the evidence on which he intended to rely to support his allegations, so that the persons concerned might have an opportunity to deal with it, nothing would be done, no step would be taken, until these preliminary matters should have been attended to : would such a reply in the case of the Maury have been what her Majesty's ministers might have expected ; would it have been deemed courteous or friendly to the British government ? Lord Clarendon may be well assured that such a reply, in the case of the Maury, would have been quite as satisfactory to her Majesty's government as is his reply to this government in relation to its re- monstrances and complaint against British recruitments within the United States, Until this government was apprized by Lord Clarendon's despatch of the 16th of November of the position adverted to in regard to its complaint with reference to that proceeding, it indulged a confident ex- pectation that her Majesty's ministers would take the usual course in such cases. The grounds of the complaint were fully disclosed ; the offence clearly stated ; some of the British officers named, and otliers^ with more than usual ])recision, indicated. Sufficient information was given to dii-ect their inquiries, but her Majesty's government has refused to do more than ofter to pass on the issues vrepared this plan and submitted it to Mr. Crampton, and, if I understand it, the wit- ness will say that the plan was adopted by him with some little varia- tion, and the recruiting was carried on in the United States in accord- ance with this remodelled plan. Judge Kane. By either of these defendants in accordance with this plan? Mr. Van Dyke. If I may be permitted to anticipate the defence^ which must be done more or less in every case, it will be, I suppose, the same as made before the commissioner in relation to Budd's com- pany, that the men enlisted in Philadel23hia, in that company, as the defendants allege, were nothing more or less than a set of men en- gaged to work on the railroad in Nova Scotia ; we intend to show by this, that Hertz, in so representing, was but carrying out the remodelled plan adopted more effectually by Mr. Crampton at Halifax. I shall show also, by other witnesses, that at a period subsequent to that of which the witness now speaks, and after the defendants w^ere arrested, the defendant Hertz engaged one Baron Van Schwatzenhorn and one Baron Schuminsky to carry on the enlisting business in Philadelphia, and that another company was enlisted by such agents of Hertz in a manner proposed by the remodelled plan. Mr. Eemak, in reply, stated that the witness had sworn that Hertz requested him to do certain things, and whatever resulted from that alleged fact was admissible. Mr. Strobel had given evidence in re- gard to drawing a plan, but he had not sworn that Hertz commission- ed him to devise or draw that plan. He might have been requested by Mr. Crampton to draw the plan, but the counsel for the defence could not see how that could affect, for the })resent, his client. He could not be responsible for the acts of Strobel, after Strobel had done what he requested of him; and if he went beyond what was requested, he did it on his own responsibility. Judge Kane. The evidence taken in connexion with the offer of IN THE UNITED STATES. 121 tlie district attorney is admissible entirely as it stands, in the same category with evidence originally given hy him of concert of the officer with the British government. If it is not brought home to either of the parties on trial by siibse(iuent evidence, of course it will not affoctthem. Mr. Van Dyke. I do not wish my oflor to be misapprehended by the counsel for the defence in any particular. I state distinctly to the court that I have evidence to show that there was a regular game played by her Majesty's envoy to evade the law ; that these men were seemingly engaged to work on a railroad, but in reality enlisted to serve in the foreign legion, and that they were told by Hertz, if any person questioned them, to reply that they had been engaged to Avork on a railroad in Xova Scotia. I have, for the prosecution;, to establish certain important facts : one is, that the sending of tlicse men to Nova Scotia was for the purpose of their being enlisted in the foreign legion, and their sending them there as workmen on a railroad was a specious disguise, under which they hoped to evade the law of this country. If I show that this was their intention, it is certainly evi- dence, and the crime is proved, notwithstanding their attempt at evasion. Judge Kane. The evidence is admissible. Q, Did you prepare that plan ? A. I prepared it. Q. (Showing a paper.) Is that it ? A. Yes, sir ; it is my own handwriting ; it is the plan. Q. Was this submitted to Mr. Crampton ? A. Not this one. This was the copy I first made. I afterwards made a clear copy of it, which was submitted. Q. This, then, is the original copy, of which a clear copy was made and submitted to Mr. Crampton ? A. Yes, sir. The paper was here read in evidence as follows : " I have the honor to inform his excellency the envoy extraordi- nary of Grreat Britain in the United States, and his excellency Sir Gaspard le Marchant, the governor of Nova Scotia, of the plan I have adopted to raise the greatest possible number of men in several differ- ent cities of the United States on the boundaries of Canada. " I wish to station in Buffalo Lieutenant Schumann with Corporal Eoth. " In Detroit;, Doctor Eeuss with Corporal Kamper. " In Cleveland, Doctor Aschenfeldt with Sergeant Krieger. " Opposite to Detroit, Sergeant Barchet shall receive the individuals sent by Doctor Eeuss, and his duty will be to send them, as fast as they arrive, by railroad to Queenstown, where a depot must be estab- lished, and a magistrate appointed to enlist and attest the men ; and it will be the business of the commanding officer of this depot, Avhen a sufficient number is together, to send them by steamboat wherever his excellency may decide. Those officers stationed at the above-men- tioned cities will strictly follow the instructions given to them, through me, from his excellency, in regard to the manner and way to be used in encouraging and sending such individuals who are will- 122 BRITISH RECRUITMENT ing or desirous of leaving the United States to enlist in the British. service. My intention in giving to each commissioned officer a non- commissioned officer as assistant, is to enable those gentlemen to find out said individuals, and to avoid the necessity of employing, for this purpose, strangers, who might easily deceive them. " My opinion is, that every officer, with the assistance of his non- commissioned officer, will be able to transact all the business without being compelled to hire regular agents or runners — that is, if the gen- tlemen know the proper way of managing. "■ I will myself visit each of the places mentioned, and will particu- larly confine myself to where my presence will be most required. I shall also probably visit Chicago, where, doubtless, a great number of men may be got. We can then agree on reasonable terms for having them conveyed by railroad to Detroit, which expense, in my opinion, would not exceed $2 50 per head. " I saw all the officers and non-commissioned officers yesterday evening, and held a long conversation with them ; the result of which is, that we all perfectly understand each other, that they are all en- tirely satisfied, and that every one is willing to do his very best in regard to this matter. " I have also made estimates of all the expenses of the officers con- nected with this matter for the period of one month at their different points of destination, including their travelling expenses, which I take the liberty of laying before your excellencies. " Say the travelling expenses of the officers from this place to their different stations, £10 sterling each §400 00 "To Schumann^ Aschenfeldt, and Reuss, each |240 per month , ...:•... ^20 00 " [From this money each has to pay his non-commission- ed officer, and to meet all other expenses that may be ne- cessary in sending the men over on the Canadian side; pay of temporary agents, runners, and tavern-keepers, included.] "Pay for Weiss, Barchet, and other non-commissioned officers, $100 each 300 00 " My travelling expenses from town to town, hotel ex- penses, pay of my non-commissioned officer, and his travelling expenses 300 00 1,Y20 00 " Thus making a total amount of |1,720, equal to £34 1 sterling. " This, or at most £360, would, in my opinion, be the amount re- quisite to enable ten officers to carry on operations for one month, and, with reasonable good fortune, to deliver on the Canadian shore a large number of serviceable able-bodied men. " I have the honor to remain, your excellencies' most obedient, humble servant." Q. Was that plan adopted ? A. That is the plan which was approved and adopted by Mr. Cramp- ton and Sir Gaspard le Marchant, and I received orders to bring next IN THE UNITED STATES. 123 morning, at 11 o'clock, tlie officers mentioned there, four non-com- missioned officers of my company, all attested men, and the sohliers to the provincial huilding, and meet tliere Sir Gaspard le Marcliant and Mr. Crampton. I went there with those men ; I met there Mr, Crampton, Sir Gaspard le Marcliant and Lieutenant Preston ; I was ordered to leave Halifax immediately and repair to the States, and I left Halifax in company with Mr. Crampton and Preston of the 76th, with officers and non-commissioned officers ; when I saw Mr. Cramp- ton there I was in uniform, and my non-commissioned officers were in uniform ; when we left they received civil clothes from the govern- ment there for this purpose, and went on with me ; Avhen we came to Portland, Mr. Crampton gave me orders to go with him to Quebec to see Mr. Head, the governor-general of Canada, to have a perfect understanding about the depot and the means of sending men tlirough Canada to Nova Scotia ; I went with him ; I saw Sir Edmund Head in the presence of Mr. Crampton ; I received letters from Sir Edmund Head to get barracks at Niagara ; these barracks were to receive the men who were sent out of the States to enlist in the foreign legion ; I received also at Sir Edmund's house — Judge Kane. I am anxious not to go beyond the limit of courtesy to a foreign government. I do not wish to penetrate what was done there, unless it appears connected with the persons now on trial. The district attorney must guide the witness after this suggestion, so as to avoid the appearance of too close an inquiry into matters not clearly before this court as matters of judicial investigation. Mr. Van Dyke. I understand, the suggestion of the court, and will try to keep the witness within the proper bounds. My whole object is to get the general plan of operations, and then to show that the ob- ject of the general plan was to procure men from the States to join this foreign legion, and that the defendant co-operated in that general plan. Q. (Paper shown.) Will you look at that paper, and state what it is? A. It is the instructions I received at Quebec, in Sir Edmund Head's house, out of Mr. Crampton's own hands. The original was written in Mr. Crampton's own handwriting, and was written, at least part of it, in my presence in his room. This is a copy made from the original ; I made it for the purpose of preserving a copy. The original I gave back, in a report I made to Sir Gaspard le Mar- chant, in Halifax. That report stated what I had done to clear me of two charges made against me uji there. Q, That, then, is a copy made from the original instructions of Crampton, as to your duty in the United States? A. That is a copy of the original instructions I received at this time from Mr. Crampton. The paper was being read as part of the evidence, when, on motion, a recess was taken for ten minutes. On the court re-assembling, the reading of the paper was concluded. It is as follows : " Memoranda for the guidance of those who are to make known to persons in the United States the terms and conditions upon wliich re- cruits will be received into the British army : 124 BRITISH RECRUITMENT ''1. The parties who may go to Buffalo, Detroit, or Cleveland, for this purpose,, must clearly understand that they must carefully re- frain from anything which would constitute a violation ot the law of the United States. "2. They must, therefore, avoid any act which might bear the ap- pearance of recruiting within the jurisdiction of the United States for a foreign service, or of hiring or retaining anybody to leave that jurisdiction with the intent to enlist in the service of a foreign power. [Both these acts are illegal by the act of Congress of 1818, sec. 2.] "4. There must be no collection, embodiment of men, or organiza- tion whatever, attempted within that jurisdiction. ^'5. No promises or contracts^ written or verbal, on the subject of enlistment, must be entered into with any person within that juris- diction. "6. The information to be given will be, simply, that to those desiring to enlist in the British army, facilities will be afforded for so doing, on their crossing the line into British territory; and the terms offered by the British government may be stated as a matter of information only, and not as implying any promise or engagement on the part of those supplying such information, so long at least as they remain within American jurisdiction. "7. It is essential to success, that no assemblages of persons should take place at beer-houses, or other similar places of entertainment, for the purpose of devising measures lor enlisting ; and the parties should scrupulously avoid resorting to this or similar means of dis- seminating the desired information^ inasmuch as the attention of the American authorities would not fail to be called to such proceedings, which would, undoubtedly, be regarded by them as an attempt to carry on recruiting for a foreign power within the limits of the Uni- ted States ; and it certainly must be borne in mind that the institution of legal proceedings against any of the parties in question, even if they were to elude the penalty, would be fatal to the success of the enlistment itself. " 8. Should the strict observance of these points be neglected, and the parties thereby involve themselves in difficulty, they are hereby distinctly apprized that they must expect no sort of aid or assistance from the British government; this government would be compelled, by the clearest dictates of international duty, to disavow their pro- ceedings, and would, moreover, be absolved from all engagements contingent upon the success of the parties in obtaining, by legal means, soldiers for her Britannic Majesty's army."' Examination continued by Mr. Van Dyke. Q. The paper just read you copied from the original one in the handwriting of Mr, Crampton? A. Yes, sir. Q. (Another paper shown witness.) In whose handwriting is this paper? A. At that very time I also received this cipher to telegraph with to Mr. Crampton, and to Halifax, about this recruiting business ; I can- IN THE UNITED STATES. 125 not swear as to whose handwriting it is in, but I believe it is Mr. Crampton's ; I did not see him write it, but he handed it to me. The paper was here given in evidence. The following is a copy : Letter. Cipher. Letter. Cipher. "a J n q b V n c j P c d 1 ^ h e X r f e s P (r z t k t-> h u u g i b V d j w w m k t X r 1 a J i m s z f" Q. You were to telegraph him by this cipher, instead of the usual way ? A. Yes, sir. Q, What was the object in giving you this cipher ? A. Such ciphers were given to several officers — Mr. Smolenski^ Mr. Cartensen, and men actually engaged in the recruiting business, re- ceived those ciphers. Q. Was it for the purpose of avoiding detection ? A. It was for the purpose of avoiding detection, and avoiding any difficulties with the authorities here. It was to enable rne to tele- graph to Mr, Crampton, from every place I might visit, without the people in the telegraph offices understanding it. Q. Were all the officers sent on this recruiting to telegraph to Mr. Crampton as to their proceedings, and was that cipher to be used? A. Yes, sir. Q. (Card shown witness.) What is that? A. That is a card of invitation to Sir Gaspard's table, in Halifax, received on the 8tli of April. • The card was read as follows : " His excellency, Sir Gaspard, and Lady le Marchant, request the honor of Captain M. F. 0. Von Strobel's company at dinner, on Sun- day, 8th April, at ^ to 7 o'clock. " Belvidere. An answer is requested." Q. Are these also cards of invitation to you? A. Yes, sir. The cards are here read as follows : 126 BRITISH RECRUITMENT '' Colonel Clarke, And the office^^s of the seventy-sixth regiment, Request the honor of CAPT. STROBEL AND THE OFFICERS OF THE FOREIGN LEGION, ComjKmy at dinner, On Wednesday, 18th April. An a7isiver ivill oblige." ""Colonel Fraser, Colonel Strotherd, And the officers of the royal artillery and royal engineers, Request the honor of CAPTAIN MAX F. O. STROBEL'S Company at dinner, On Tuesday, the od April, ai seven o'clock. Artillei^y park. An answer is requested. ' ' Judge Kane. What are these papers for ? Mr. Van Dyke. To corroborate what the witness says. Judge Kane. When the witness is impeached, it will be time enough to corroborate what he says. Mr. Van Dyke. I withdraw this paper. Q. (Letter shown witness.) Did you receive that letter from Mr. McDonald ? A. Yes, sir. He is an oflScer in the provincial secretary's office. The letter was here read in evidence as follows : " Provincl\l Secretary's Office, " May 3, 1855. '' Dear Sir : I am directed by his excellency the lieutenant-gover- nor to introduce to you the bearer, Lieutenant Kuentzel. He comes with letters to Sir Gaspard from Mr. Crampton. You will please ex- plain to him the steps necessary for him to secure his commission, " Your obedient servant, • ''BRUCE McDonald. " Capt. Strobel, Ist Company Foreign Legion." Q. (Letter shown witness.) Do you recollect this letter ? A. This is a letter written by Preston to me, while I was actively engaged in recruiting men in Buffalo, Cleveland, Detroit, and other places. Mr. Preston had, at that time, charge of the barracks in Niagara. The letter was read in evidence. It is as follows : " Dear Smith : I send you the accompanying order, in currency, equal to £80 sterling, which please send me a receipt for by return of post. I find I cannot make any arrangement with the railroad peo- IN THE UNITED STATES. 127 pie here. They say the tickets had better be paid for at Windsor ; which I think is best also, for then the men will come to me clear of expense, Avhich is the intention. Tell Schumann and Dr. Aschenfeldt to telegraph me how they are getting on at once, and how many, or if they have got any men. Let me hear also from you, " Yours, truly, " J. W. PRESTON, nWi liegiment. '^Niagara, 4th June, 1855." Witness. This Mr. Preston afterwards took command of the depot that was established in Niagara town. Q. This letter says "Dear Smith :" what was the meaning of that ? A. I was obliged to take that name, because I was known as being previously connected with enlisting in the States. Q. (Paper shown witness.) What is this ? A. That is a telegraph I received from Preston. The paper was read in evidence, as follows : "Windsor, June 4, 1855. [Bj Telegraph from Niagara.] " How many men have you got? Money leaves here to-morrow morning by mail, on U. C. Bank — answer immediately. "J. W. PRESTON. "To Mr. Smith." Witness. Mr, Preston was the medium between myself and le Marchant. At Halifax, Preston received the orders from le Marchant and telegraphed them to me. Q. (Paper shown witness.) This is another telegraph from Preston, is it not ? A. Yes, sir. The telegraphic despatch was read in evidence, as follows: [By Telegiaiih from Niagara.] "Windsor Castle, ^th June, 1855. " To Mr. SiMiTH : Send in statement of money issued and how a|>- plied. Tell all the others to send me similar statements ; until such arrive I cannot issue for next month. "J. W. PRESTON. (Paid.") Q. Go on and state what occurred after you left Quebec? A. I left Crampton in Quebec, and travelled with Preston and an- other English gentleman, Captain Bowls, to Montreal ; I tliere received orders for another English officer in Toronto, to give over to us the barracks in Niagara town ; Preston took charge of the barracks ; I met my officers whom I had sent from Portland to Niagara ; they were sent from Portland to Niagara Falls ; I met them at Niagara Falls, and directed them to go to different ])haccs — to Cleveland, Detroit, and Buffalo; and afterwards 1 sent one non-commissioned officer to Chicago ; I was called back ; I commenced it about the 4th of June, and I was recalled on the 13th, and arrived back in Halifax ; I was recalled by 128 BRITISH EECRUITMENT tlie officers, because during this time I was only able to enlist sixty or seventy men, and Sir Gaspard expected a great many more ; and tlirougli tliis, on account of the intrigues of Mr. Preston, and some other officers who were anxious to receive commands in this foreign legion, I was recalled to Halifax ; I was charged with having kept two officers on the Canada shore instead of sending them all into the States ; and I myself, instead of travelling and going to Chicago, Cleve- land, and all around all the time to every place, was charged with stopping too long in one place — in Windsor. Q. Who made these charges ? A. They were made by Mr. Preston, and sent to Halifax. Q. Who sent to you and told you of them? A. Sir Gaspard le Marchant. He said that these charges had been made, and that was the reason I was sent for to Halifax. I requested a court-martial, and wrote a long account to le Marchant. I also sent it to Crampton, by a friend of mine, Mr. Ochlschlager ; my company was still at Melville island, under the command of one of the officers I left there. Q. You saw them there at that time ? A. I was forbidden to see the men, and the men had strict notice not to converse with me — at least the men received such notice the second day I was there. I told the governor-general, that under such circumstances I would leave, and the sergeant was put in irons, and fifty men of my company sent to prison, for conferring with me by sending to me their non-commissioned officer. I left Halifax with the America, and came back to the States, and since that time I have had nothing to do with this concern. I saw Hertz here afterwards. Mr. Crampton took the address of everj^ one of the agents who had been engaged in recruiting at that time in Boston, New York, Phila- delphia, and Baltimore, and told me that he was going to see them. Q. Who did he take as the name of the person in Philadelphia? A. Mr. Hertz was the man recruiting in Philadelphia. Question by Mr. Remak. Who said so? A. Mr. Crampton took the names of different persons recruiting in different cities. Q. Whose name did he take as the person in Philadelphia? A. He knew the names already, but took the address of every one of those gentlemen. Q. From you? A. From me, those I had in my possession — the address of Captain Carstenson, of Boston, and other parties in New York ; of Smolensk!, and the address of a friend of mine in Baltimore. Q. Did Crampton take the address of Hertz from you? A. He said he knew all about the proceedings against Hertz, and when he came to Philadelphia he would settle with every one of those gentlemen, and arrange matters in a different way, because he thought proper not to send men by the vessels any more, but by railroad into Canada. Q. Do you know about his giving any order about engaging emi- grant runners ? A. Yes, sir ; he allowed me to pay every runner $4 for a man. IN THE UNITED STATES 129 Q. Do yon know what Hertz was to pjet for every man he sent ? A. I do not know exactly the amount Mr. Hertz received ; I know he received money, and I know that they said in Halii'ax that Mr, Hertz Mr. Remak. I object to that. Question hy Mr. Van Dyke. Did you ever hear Hertz, or any other person or persons in his presence, say that he received any money, and how much ? A. Yes, sir, I heard Mr. Hertz say he had received money, hut never enough to cover his own expenses. Q. Did he tell you from whom he received it ? A. He told me he would receive money from Mr. Howe. Q, What else did he say to you in reference to this matter ? A. Mr. Hertz told me he had connexion with the English govern- ment, and that Mr. Crampton and Mr. Howe were the proper agents for paying out the money, and giving tickets and giving recommend- ations for officers to get commissions. Mr. Hertz said so, and said he had instructions from the British government to that effect, and that he would receive head-money for the men. He mentioned Howe and Crampton as persons from whom he received it. Q. Did he mention any other? A. Not that I know of. Q. Was Mr. Bucknell known to Mr. Hertz ? A, He did not mention him as a person engaged in it, or who had engaged him in it, Q. Did he mention any other besides Mr. Crampton and Mr. Howe? A. Not that I know of. Q. Kot that you recollect ? ^. I do not recollect any other person. Q. (Paper shown.) Is that the report you made to Mr. Crampton of the transaction? A. That is the report I made to Mr. Crampton. Q. Was it delivered to him ? A. I sent it to Washington, but the bearer did not find Mr. Cramp- ton there ; he had at that time gone up to Niagara. I sent a friend to Washington with this report to Mr. Crampton, to let him know every- thing that had occurred, Q. When he did not find Mr. Crampton in Washington, where did he take it to ? A. He took it to New York, and left it with Mr. Stanley, the vice consul there. [The report was here given in evidence. It contains a full history of the transaction, from the time the witness (IStrobel) left Halifax until his return.] It is as follows : Windsor, C. W., June 18, 1855. Sir : After having laid before you my i)lan for raising troops for the British army in the United States aiid on the Canada" frontier, I received from you, at the provincial building, Halifax, Nova Scotia, in the presence of his excellency Mr. Crampton, minister from Great Ex. Doc. 35 9 130 BRITISH RECRUITMENT Britain to the United States, Mr. Preston, lieutenant Tfitli regiment, and officers of the foreign legion, the folloAving instructions : "You will repair immediately to the United States, accompanied and assisted hy Drs. Aschenfeldt and Keuss, Lieut. Shuman, Mr. Mir- hack and four non-commissioned officers, to raise men for the British army within the jurisdiction of tliat government. You will, in ac- cordance with your plan suhmitted to me, station said officers and non- commissioned officers at the posts agreed upon, unless it may in your judgment ap]iear expedient to alter the details of said plan. You are also authorized to order hack to Halifax any of your assistants who may, in your opinion, be incompetent for the service, or who may neglect the duty assigned to them. You will receive travelling ex- penses for yourself, officers, and non-commissioned officers, also, before leaving Halifax, the half-monthly pay as per estimates, in advance, for officers and men. At the expiration of the half month, you are authorized to draw from Mr. Preston the hall-monthly i)ay again in advance, and so on. You are further authorized to draw on Mr. Pres- ton for such sums as you may require for the transportation of men, head-money, &c. You will receive all orders from me through Mr. Preston^ whom you will consider as my acting aide-de-camp in this matter, and you will be the medium to transmit those orders to your officers, so that there can be neither interference with, nor interrup- tion of, the })lai:s laid down by you. Mr. Preston will be command- ing officer of the recruiting depot at Niagara town. You will exer- cise no interference with the transmissicm of men from Niagara to Halifax, but will confine yourself strictly to the duty of obtaining men in the United States, and of forwarding the same to Mr. Preston at Niagara. You are authorized to employ such assistants as you in your judgment may deem necessary, and are further empowered to state in my name, to any gentlemen bringing a certain number of men, (say 120,) that they will receive from the British government commis- sions as captains in the foreign legion, and others difierent commis- sions, in proportion to the number of men they may bring." In accordance with the above instructions, I started from Halifax on the 15th of May, accompanied by my officers, as above mentioned. At Windsor, N. S., I iell in with his excellency Mr. Cram])ton, Lieut. Preston, and Capt. Bowls, who had left Halifax the same day. We travelled together to Portland, Me., where we arrived on the 18th ult. Mr. Crampton requested me to go with him to Quebec, L. C, as he was desirous that we should have a perfect understanding with, and the full co-operation of, his excellency Sir Edmund Head, gov- ernor of Canada. In compliance with this request, 1 ordei'ed my of- ficers and non-commissioned officers to repair to Niagara Falls, there to await my arrival. We arrived at Quelicc on tlie 'iOth ult., and on the following day were leceived by his excellency Sir Edmund Head, and held a conference with him, in which he offered his best assistance in IbrAvarding our object, and at once gave up the barracks at Niagara town as a recruiting depot, and accordingly sent for Major Elliot ; wliich proceedings detained us until the 23d ult. On the evening of that day, Lieut. Preston, Cajit. Bowls, and myself started in com))any with Major Elliot for IMontreal, where we arrived on the morning of IIT THE UNITED STATES. 131 the 24th of May. Arrano-ements were then entered into with Col. Bell, in regard to the barracks at Niagara and La Prairie. On the ibllowing day I started alone for Niagara Falls, G. W., where I arrived on the morning of the 2Yth. Lieut. Preston and Capt. Bowls started for Toronto on the 25th, and lience did not arrive at Niagara Falls till the 28th. Tliese gentlemen rem.ained at Niagara Falls till the oOth, when they took possession of Butler barracks, and the first arrange- ments were made for forAvarding recruits to that station. As your ex- cellency will here observe, I was up to this moment, viz : the 30th or 31st of May, unable to move one step in the object of our expedition, it having required all the time to arrange the preliminaries. On the same day that Mr. Preston left Niagara town, 1 learned from Dr. Aschenfeldt and Mr. Shuman that the conduct of two of my non- commissioned officers. Sergeants Roth and Krieger, had been unwor- thy of the confidence reposed in them, and I therefore deemed it advi- sable to send the said men to Lieutenant Preston at Niagara town. I also thought it necessary to send to Niagara one of my officers, for a double purpose — 1st. To act for Mr. Preston as inteipreter on the ar- rival of recruits; and 2d, as we were unable actually to enlist the men in Canada, I deemed it well that some German of experience and age should be with the recruits sent on, to keep them in proper spirits, and to prevent any loss by desertion from the barracks or in transitu to Halilax. I accordingly de]>uted Mr. Mirl ack for this service, and, with the license permitted me in your instructions of the 14th of May, was therefore obliged to modify my ])lan to suit this emer- gency. On the 30th instant, I went with Lieutenant Shuman to Buffalo. Having visited some of the localities in that place and Fort Erie, on the opposite shore of the Niagara river, I gave Lieutenant Shuman the following orders, in accordance wnth the instructions I had received from ]\Ir. Crampton, and which I respectfully beg leave to subjoin. 1st. I ordered Mr. Shuman to take up his quarters on the Canada shore at the village of Fort Erie. 2d. To have his non-com- missioned officer^ Corporal Kamjjcr, stationed in Buffalo. 3d. Togo daily to Buffalo, and, in connexion with Corporal Kamper, there to make such inquiries as might lead to the obtaining of men. 4th. To send the men as quickly as he should obtain them to Lieutenant Pres- ton, at Niagara, and at tiio same time to report to me regularly the number of men obtained, and all circumstances relating to them. 5th. To take particular pains to lay out no moneys on the American side, but whatever related to the expenditures to induce runners to bring men to him should be positively and rigidly transacted on the Cana- da shore ; and further, if it were necessary to keep men together tor a longer term than one day, to be careful to do so without the precincts of the United States. This latter order is strictly in accordance with articles 2d and 4th of Mr. Crampton's instructions. On the same evening. May 30th, I ordered Dr. Reuss to leave for Detroit, and in- formed iiim that he would co-operate with Dr. Aschenfeldt, who would he stationed at Windsor, on the Canada shore of the Detroit river. I also communicated to him, in efiect, the same orders I had already given to Mr. Shuman. I went to Niagara town to draw the half- monthly advance pay for officers on the 31st of May. As Mr. Prea- 132 BRITISH RECRUITMENT ton was unable to pay me the amount wliich I required, he gave me but £40 sterling. On the Ist June I left Niagara town, accompanied by Dr. Aschenfeldt, for Cleveland, Ohio, where I had already stationed Sergeant Barchet. Passing through Buffalo, I saw Lieutenant Shu- man and supplied him with some money for a few days, until I should obtain the balance of the half-monthly pay from Mr. Preston, _ On the 2d instant I saw Barchet in Cleveland, and supplied him with as much money as I could spare. On the 3d I arrived with Dr. Aschen- feldt at Detroit ; I saw Dr. Reuss, and supplied him with money. I then supplied Dr. Aschenfeldt with money and left him at Windsor. On the 4th of June I again started for Niagara town, in order to re- ceive from Mr. Preston the balance of the second half-mouthly pay, which I must here remark was a most useless journey, both as regards the expense and the loss of time. Had the money been properly forthcoming in tlie first instance, this journey would have been avoid- ed; but I determined, as I was now obliged to go there, to make use of the journey as a means of again visiting the different posts, and pay- ing to the officers the balance of their half-monthly dues. ln_ this I was again frustrated by a iailure of the telegraph office in sending me a despatch of Mr. Preston, as a check had already been sent by mail for the amount. In spite of this, however, I telegraphed from Niagara to Mr. Shuman to meet me at Chippewa and report to me the result of his proceedings in Buffalo. His report was, much to my regret, and contrary to all my expectations, very disheartening — he having sent but four or live men to Niagara. Having learned by letter irom Al- bany, New York, that there was a fair prospect at that place of ob- taining iVom fifty to one hundred men, I ordered Mr. Shuman to direct Corporal Kamper to undertake the whole business in Buffalo, and to rei)air at once to Albany, then to place himself in connexion and communication with the emigrant offices and intelligence depots there, and to use his most strenuous efforts to obtain men, also to commu- nicate with me at once on the subject. As I have already stated, the check ibr the balance of the pay had been sent to Windsor wh.ile 1 was in transitu between that place and Niagaia. I Avas therefore without money, and gave Lieutenant Shuman a draft on Mr. Preston for £20 sterling, knowing that it would require at least three days for me to forward the money from Windsor to him. On presentation, Mr. Pres- ton refused to honor the drait. Considering that these matters would be in projier train in Buffalo, and supposing that Shuman would leave at once for Albany, I returned to Windsor, in order to receive a report from Sergeant Barchet, stationed at Cleveland, and to inibrm myself how matters were progressing in Detroit. I returned to Windsor, C. W., on the evening of the 7th instant. On the following morning, . to my utter astonishment, Mr. Shuman, who was kept by Mr. Preston at the depot, and , in consequence of it, was not able to see his men off at Buffalo again, nor to supply him with money and to give him orders in regard to my sending Mr. Shuman to Albany, had left Niagara by order of Mr. Preston. The night train came into Windsor insixi-en hours after my. arrival, bringing me the subjoined order from Mr. Preston, marked X. As the order purports to have emanated from your excellency, I promptly obeyed the same, and sent Mr. Shuman to IN THE UNITED STATES. 133 Cleveland for Barcliet's account, at the same time giving him those of Drs. Aschenfeldt and Reuss and my own, giving him no further or- ders, hut simply telling him to return to Mr. Preston as soon as possi- ble. I had received from Barcliet the information that matters in Cleveland were as disheartening as in Buffalo ; also saying that a Mr. Seybert, who keeps an intelligence office there, was willing to under- take the business if we could station some one at Port Stanley, for the purpose of receiving men whom he would send there, I wrote to Mr. Preston requesting him to send a non-commissioned officer or some other person to Port Stanley, to receive the men whom Mr. Seybert might send. This request was unattended to, and Mr, Preston did not even condescend to notice it. From all I could learn, Chicago and Milwaukie offered large in- ducements as a field for our operations, and as I thought the port of Cleveland would have been provided for by Mr. Preston, in accord- ance with my request, I sent Barchet on the 11th instant, in company with another man, to Chicago, also Dr. Reuss to Toledo, which })lace I had myself visited, and deemed a good port for obtaining men. I directed Barchet to communicate with me by telegraph, or otherwise, as soon as my presence and the money for tickets should be requisite in Chicago for bringing men to Niagara On this day, the 11th instant, Mr. Theo. A, Oehlschlager arrived at Windsor from Niagara Falls. Mr. Oehlschlager is a gentleman already known to Mr. Crampton, and of whom Mr. Crampton and myself had several conversations. I spoke very favorably of him, and Mr. Crampton advised me to obtain so valuable an assistant. Mr. Oehlschlager is a British subject by birth, being a native of Que- bec, L. C, speaking German like a native, and French with fluency; the value of his assistance cannot be over-estimated. Having, as I have already stated, lost two non-commissioned officers, and having stationed one officer permanently with Mr. Preston, I felt the neces- sity of more assistance, and knowing no one more competent, I ac- cordingly wrote for him from Cleveland on the 2d June. I remained at Windsor on the 12th and 13th instant, in the expectation of re- ceiving a letter from Barchet, and also anticipating the return of Dr. Reuss from Toledo with men. On the morning of the 13th I received a letter from Barchet, stating that Chicago was a capital place, and that a great many men might there be obtained, but it would be neces- sary to forward them immediately, as it would be impossible to keep them long together. I accordingly wrote at once a letter to Mr. Pres- ton, requesting him to send me £100 sterling. Before this letter was mailed, I received the following despatch from Mr. Preston : "Send Aschenfeldt back immediately." I accordingly did so, sending the letter I had written by Dr. Aschenfeldt. On the following day Dr. Reuss returned from Toledo, bringing with him four men, stating at the same time that a number of from eighty to one hundred men may be obtained alone in Toledo. He also brought very good news from Sandusky and Monroe. I then received a despatch from Dr. Aschen- feldt, saying, " We all go back ; more by letter." Having collected some eleven men at Windsor, besides seven already forwarded from this place to Niagara, and deeming the expedition, from some un- 134 BRITISH RECRUITMENT known cause, entirely broken np, I teleo;raphed to Mr. Preston, ask- in<2; what I should do with the men. His answer was: "Forward men. Recall Barchet, and return to-morrow." Not comprehending the whole business, I deemed it best to repair at once to Niagara and have the mystery cleared up. I accordingly started the next morning, leaving Mr. Oehlschlager in my place at Windsor. I arrived at Niagara on the morning of the 16th. I was cordially received by Mr, Preston, who informed me that, having held several conversa- tions with Major Browne, Mr. Wieland, and other gentlemen, he had come to the conclusion that we (myself and the officers under my charge) had neglected our duty, and that he had two charges in par- ticular to make against me — 1st. That I liad ordered two of my offi- cers to remain on the Canada shore. 2. That I, myself, had remained too long inactive at Windsor, C. W. In consequence, he had deemed it his duty to send a despatch to your excellency, acquainting you with said disposition on our parts. Tliat you had replied, directing him to act on his own responsibility. That thus empowered, he liad deemed it proper to recall all tliose employed, and to send them back to Halilax. I informed Mr. Preston that I would at once comply with the order of your excellency ; at the same time I assured him of my opinion as to the unadvised and rash proceedings he had deemed it proper to adopt, and further expressed my belief in his having been influenced in these measures by Major Browne, Mr. Wieland particu- larly, and others, who were anxious, to my perfect knowledge, to ob- tain commands in tlie foreign legion. Wiiile in Niagara town, I saw a despatch from this I\Ir. Browne to Lieutenant Preston, stating in effect that my letter to Mr. Preston, of the 13th instant, was a false- hood, and that there were no men in Chicago to be sent. The follow- ing is, I think, the wording of the despatch : " The fifty men a myth." Having some little personal business in Windsor, and wish- ing to communicate with Mr. Oehlschlager, I returned here this morn- ing. On my arrival, j\Ir. Oehlsclilager informed me that, shortly after my departure on the 15th instant, a Mr. Browne arrived here from Mr. Preston. He represented himself, or at least led Mr. Oehlschlager to believe, that he was a major in the British service. Mr. Oelilschla- ger, under such a supposition, believing liim to be an officer in the British army, and an authorized agent of your excellency, immedi- ately gave up the charge of the post and of the men. Mr. Browne sent the men on to Niagara that evening, in charge of Dr. Reuss, who left yesterday for Halifax. I also found here a despatch from Chicago from a man named Konen, employed by me at that place, which fully substantiates the good news contained in Barchet's letter. It reads as follows : "Come here immediately. Twenty ready ; tickets wanted." I have thus far, your excellency, attempted to give a rough outline of what I have done since my de})arture from Halifax, and shall now leave it with yourself to judge whether the time has been wantonly thrown away, and whether I have neglected my duty or not. There have, it is true, been many causes which have rendered the expedition less successful than I had imagined in the offset, but over these cir- cumstances I have, as you may judge from the above statement, been IN THE UNITED STATES. 135 able to exercise but little or no control. Besides, your excellency will be pleased to take into consideration that we have not had more tlian eight or nine working days of real trial. We did not get fully into operation before the 4th or oth. On the 7th Mr. 8human was with- drawn by order of Mr. Preston. Not before the 9th, the bills we had printed were in our hands and posted. The 10th was Sunday. On the 13th the ex})edition was virtually broken up, Dr. Aschenfeldt recalled, and your excellency in possession of a despatch to that effect. The difficulties under whicli we had to labor were, in the begin- ning, very great. In the first place, shortly before our arrival, the navigation of the great lakes was opened, and thousands of men who liad lain idle for months were at once thrown into employment. A week before Mr. Shuman arrived at Buffalo, six hundred work- ing men had been withdiawn from that place, to work on the tele- graph line through Newfoundland. In short, work was plenty, and the weather mild; it is, therefore, but little wonder that under such. inausi)icious circumstances we did not succeed at once. Then the Americans have in every city in which we have been a recruiting officer, where they offer $12 per month and a bounty of one hundred and sixty acres of land, besides giving head-money to the runners. Again, a great antipathy appears to prevail throughout the United States to British service, and a strong mistrust of the whole business, from the occurrence relating thereto which took place in the eastern cities. These difficulties had to be overcome ; and just when we arrived at a point where the prospects began to brighten, and we had tangible hopes of our ultimate success, the wliole matter, as far as ourselves are concerned, is given up, without my being in the slightest instance consulted or advised with. From certain remarks of this Mr, Biowne, I am led to believe that the conduct of the money matters of the expedition has also been called in question. In refutation of any such malignant charge, I respectfully beg leave to subjoin my ac- counts, and request that those of my officers may be strictly exam- ined. A few words in relation to the charges made against me by Mr. Preston. The first is simply enough refuted by all that part of the above statement which refers to my orders and instructions to Dr. Aschenfeldt and Mr, Shuman. Of the second, I have but to observe, that when I started i'rom Halifax I was under the impression that I was given charga of this expedition in the United States ; that I had discretionary power to take up my headquarters wdiere I deemed best, and where I could most readily hear from my assistants, and not that my conduct was to be subject to the espionage and impertinent inter- ference of men of whom I had no knowledge whatever, in connexion with this expedition. I refer to Mr. Browne and others. Nor can I conceive how Mr. Preston could commit such a gross error as he has done, in breaking up this expedition, without stronger and more suf- ficient reasons. I have now to make a few remarks on Mr. Preston's conduct in connexion with this business, which, however painful it may be, I consider it my duty to your excellency, under whose orders I have been engaged in this matter, and to myself. Mr. Preston, in the first 136 BRITISH RECRUITMENT jjlace, as early as the 'Tth inst., violated the spirit and letter of your instructions to me in two instances: 1st. By failing to pay my draft sent hj Mr. Shuman ; and 2dly. By sending Mr. Shuman down to Windsor, when I sent him to Albany. In short, I have failed to meet from Mr. Preston that cordial co-operation and friendly assistance which I had hoped for, and on which the success of such an expedition so eminently depends. I feel pleasure, however, in saying that I can look upon this failure on the part of Mr. Preston in no other light than as an error of judgment, and his being too easily influenced by others. With the above statement of the facts of the last month, and which I am ready to substantiate at any moment by the testimony of my officers and others, I beg leave to submit this, my report, to your excellency's kind consideration. I have the honor to remain, your excellency's very obedient servant, MAX FRANZ OTTO STROBEL, Captain For. Leg. To His Excellency Sir Gaspakd le Maechant, Lieutenant Governor of Nova Scotia. Mr. Remak. Was this paper ever delivered? A. It was delivered to Mr, Crampton and Sir Gaspard le Marchant. Mr. Van Dyke. Did Mr. Hertz say anything to you in reference to having advertised in any paper in Philadelphia ? A. Yes, sir, the advertisement was in Mr. Hertz's office, in the newspapers. Q. Did he say anything to you as to his advertising? A. He said he was obliged to have it advertised in order to get men. Q. What advertised ? A. This proclamation. Mr. Hertz sent men to the office of the paper to see if it was advertised. Q. When was that ? A. I cannot recollect the very date — it was before I went away with my company. Q. Do you recollect the advertisement ? A. Yes, sir, I recollect the advertisement ; I have seen it in the paper, but do not recollect the very day. Q. What do you know^ of Mr. Hertz putting this (showing witness the Pennsylvanian containing the advertisement) in the paper ? A. Mr. Hertz says, I suppose by this advertisement we would get some men. Q. Where did you last see Hertz, before sailing from Philadelphia with your men? A. I saw Mr. Hertz on the boat. He came down in the morning to the wharf where we sailed from, and it was at that very moment he gave me the money, $25. Q. On the boat Delaware, on which you sailed on Sunday morning, of March 16, 1855? A. Yes, sir. Q. Will you state to the court and jury whether you recommended to Mr Crampton a certain Colonel Burgthal ? IN THE UNITED STATES. 137 Mr. Rcmalv objected. Objection waa sustained. Question by Mr. Van Dyke. Is there anything else you recollect in connexion with Mr. Hertz that you have not stated ? If there is, state it. Any conversations tliat you had with Mr. Hertz or Mr. Cramjiton about Mr. Hertz being engaged in this business. A. I remember a conversation with Crampton about Hertz, where Crarapton said he believed The question and answer were ruled out. Q. Do you recollect any conversation Mr. Hertz had with any person, or any conversation you had with him ? A. I heard many conversations of Mr. Hertz with other officers who left for Halifax. It was a promise Hertz made to these men in the name of Mr. Howe, and through Mr. Howe in the name of the English government, to give them commissions in the foreign legion, if they would go to Halifax, if they were military men before, and so on ; and when some of them would express doubts on the subject, Mr. Hertz would try and prove that he had really the power to promise. Q. Anything else? A. I remember there was some money given to the men by Mr. Hertz. Q. Which men ? A. To the men who enlisted. Q. What was money given them for ? A. To pay board to the very day they sailed, from the time of enlist- ment to the time of leaving. Q. Who paid for the tickets? A. I suppose Mr. Hertz — I do not know. Q. Who gave the tickets ? A. Mr. Hertz did. Q. For the seventy-eight you took ? A. Yes, sir. Q. You say you had a hundred in your company ; how happened it that you only took that number ? A. Afterwards some men were sent from Philadelphia. Q. How did it happen that you first had one hundred men, and only took seventy-eight with you ? A. The other parties came on afterwards, and were put to my com- pany as they came on, particularly men from Philadelphia. Q. What became of this company? A. It sailed on the 8th of August for Portsmouth, England, to equip for its destination. Q. (Cards shown witness.) What are these ? A. These are the cards which were given to the men to get a pas- sage on board the boat. Mr. Hertz got the cards ; I do not know where he got them from. Q. What is that on it? A. ItisH. Q. Whose signature is it ? A. Mr. Hertz's. Q. What is the meaning of N. S. R. C. ? A. It means Nova Scotia Railroad Company, I suppose. 138 BRITISH RECRUITMENT The ticket was given in evidence ; the following is a copy N. S. R. c. H. Q. Did you take these tickets all the way to Nova Scotia? A. Every man had one of these tickets, and they passed him on the boat. Cross-examined by Mr. Remak. Q. Did yon go to see Mr. Hertz of your own notion, or did anybody- request yon to go to see him ? A. I was requested by Dr. Biell to see Mr. Hertz, as I had seen Cram])ton only a few weeks before. Q. Did you know Hertz before that time, before Biell mentioned his name ? A. No, sir, Q. You did not know him at all ? A. No, sir. Q. You had already seen Mr. Crampton at the time Biell spoke to you? A. Yes, sir ; Biell told me Hertz had a letter which he had shown him Mr. Remak. There is no use saying that. You saw Hertz on the 10th of March ? A. Yes, sir. Q. Where did you see him ? A. At his office, 68 South Third street. Q. Did you know the business of Mr. Hertz ? A. Yes, sir, he was enlisting men for the foreign service ; Mr. Hertz himself said so when I came up there. Q. Was it not at his office you said people came in and enlisted, and entered their names in a book ? A. Yes, sir. Q. (Showing book.) Here is the book presented to you ; do you swear that this is the identical book you saw there ? A. Yes, sir. Q. Were all the names here entered by the persons themselves, or by whom ? A. Not exactly all these names ; many of the men signed their names themselves, and others could not write, and Mr. Hertz or somebody wrote down the names. Q. Now, be so good as to describe this book ; does it contain any- thing but the names and places of residence ? A. It contains the names of those men ; most of them I took with me, as my company, to Halifax. Q. And contains the residence of some? A. Yes, sir, of some. Q. It contains nothing else? A. It contained at that time the names of several officers willing to go ; it contains now but those names. Q. You say you received money from Mr. Hertz? IN THE UNITED STATES. 139 A. Yes, sir. Q. For what purpose ? A. I received money from Mr. Hertz, and was oblip;ed to give liim^ kind of note, in which I stated I had received so much money, and ii. w^oukl be repaid. Q. (Showing witness a paper.) Is this paper signed by you ? A. Yes, sir. The paper was read as follows : " I received from Mr. Hertz $5 on my word of honor. "MAX F. 0. STROBEL." Mr. Remak. The figures are blotted, and it looks as if it had been altered from $5 to $25. Witness. The signature is true, but I believe the 25 is false. I actually received, on my word of honor, from Mr. Hertz $10, but 1 never remember having given Hertz a receipt for this $25 I received on board the boat ; I never remember, but there is a possibility. Q. You stated in your examination in chief that you received $25 the day you started ? A. Yes, sir, I received |25 that day. Q. You state now you do not remember having given a receipt for it? A. I do not remember ; I acknowledge this signature — that might be another note I gave to Hertz, stating I only received $5. This is my signature. Q. You received $25 on that day, and this paper states in num- ber 25 ? A. It states here $25. I do not recollect signing any paper for $25. I recollect saying to Mr. Bucknell I received that money. Judge Kane. Is this material ? Mr. Remak. It is for the purpose of showing that money has been loaned to the witness. Q. You say you were present when several different men came in at different times and signed their names in that book? What were the conversations between Hertz and those persons? A. The conversation was that he showed the parties the proclama- tion or advertisement, and he said there is a foreign legion as you see in Halifax ; and if you feel able and disposed to enter this foreign le- gion in Halifax, I will give you tlie means to go to Halifax as a sol- dier in that legion — that is, if you are willing to go to Halifax and be enlisted for this foreign service. Q. Can you swear that Hertz ever said to enlist as a soldier for the foreign service ? A. I can swear that he said he wanted them to go to Halifax for the purpose of enlisting for British service. Q. Did he pay anything to them ? A. He paid to several of them, but not every one — to some of them he paid one dollar ; to some 25 cents, and to some 50 cents. Q. Do you recollect the names of any of the men to whom lie gave 25 cents ? A. To Purde, and several others — their names are in the list. 140 BRITISH RECRUITMENT Q. Were any of tliose people very poor ? A. Yes, sir, some of them were. - Q. Did you know that these people were actually in want of food ? A. Not in want of food. Q. Do you believe that these people had any money at all ? A. I believe they had none. Q. Were they not looking out for work ? A. They had been looking .out for work. Q. And could they get it? A. They said they could, but as they were detained they must be paid. Q. They could get work they said ? A. If they wM)uld not be retained. Q. Did these people use the word retained ? A. They said they could get work if they were not kept waiting here doing nothing, and being promised every day that this vessel should sail for Halifax Q. Then these people did not employ the expression retained? A. Well, they were retained. Mr. Remak. You have to give the conversation exactly as it took place ; be very strict ; what language did these people speak ? A. In the Grerman. Q. Then they had no idea of the word " retained ?" A. We have a word in German that means as much. Q. What is it ? A. " Augeholten." Mr. Remak. May it please your honor, that word means detained. Q. Did not these people mean to say that their time was wasted by being unemployed ? A. No, sir, they said, or meant by saying so, that their time was taken by Mr. Hertz. Q. Did not some people come into the office who declined to go to Halifax ? A. Not that I remember. Some of them came once, but never af- terwards. Q. What did Hertz say when they declined — if you recollect they did decline ? A. I do not remember that any one declined. Q. Did Mr. Hertz offer them anything the moment he spoke of going to Halifax ? A. Not at that moment. Q. Mr. Hertz did not offer them anything when he asked them to go to Halifax ? 'A. No, sir. Q. Did he actually ask them to go to Halifax? A. Yes, sir. Q. Did not he leave it optional ? Did not he represent the matter that they would get employment there ? Witness. Get employment in Halifax ? Mr. Remak. Some employment. IN THE UNITED STATES. 141 Witness. No, sir, that could not be, because this advertisement was lying on the table, and for that purpose the men came up. Q. When the men came in, you say Hertz did not offer them any- thing ; when they were ready to go to Halifax, what did Hertz say? A. Mr. Hertz said, I have a vessel readyfor you to start in a day or so. Q. Did hestate lor what purpose this vessel Avould start? A. For conveying these men to the " foreign legion" at Halifax. Q. You stated that he gave some of the men one dollar, and some twenty-five cents ; to how many of the men did he give anything at all ? A. It is very difficult to say. Q. Did he give it to twenty ? A. I su])})Ose that is the number. Q. Have you been present every time he gave these men something ? A. Not every time, but he gave to that many in my presence. Q. Then you remember that he- gave to more than twenty ? A. Not to more than twenty. 1 cannot say that he gave to more than twenty. Q. Then you do not know if he gave to any one else? A. No, sir. Q. The names you remember mention now. A. Barrier, Blecher, Brining, Foley, Worrell. The court here overruled the question. Q. You stated in your examination in chief that some of the men received money to board ? A. Yes, sir. Q. How much did they receive? A. I cannot tell whether Hertz gave three shillings or four shil- lings ; to some he gave three, some four, and perhaps some a dollar. Q. Did Mr. Hertz ever promise you a commission ? A. Yes, sir. Q. Where did he promise you ? A. In his office. Q. In whose presence ? A. In the presence of Mr. Rumberg and Lieutenant Essen. Q. Did he show you any authority for doing so ? A. I believed he had, because he made me himself acquainted about the letters and orders he had received from the British government, and I showed him my letters, although I never saw his letters. He promised me a commission. Q. Did Mr. Hertz derive any benefit from all the transactions you know of? A. I cannot tell. Q. You remember that you ; aid in your examination in chief, that Mr. Hertz said himself that what he had received did not cover ex- penses ? A. At that time. Q. Do you know, from your own knowledge, that Hertz has re- ceived, at any other time, any more money? A. I cannot swear that Hertz received more money than he expend- ed, but I can swear he received money. 142 BRITISH RECRUITMENT Q. Then he did not derive any benefit from his business transac- tions ? A. I do not know. Q. As far as you know ? A. As far as I know, no ; but I cannot see into his business mat- ters, certainly. Q. Could Mr. Hertz have any direct benefit from the fact of any of these men going to Halifax? A. Yes, sir. Q. In what manner ? A. He would receive $4 for every head. Q. Would the $4 come from the man himself? A. No, sir ; it would be paid by the English government ; the man could not pay, but the English government jtaid $4 for every head. Q. Can you say whether any agreement has taken place between Hertz and you, or with any of these men_, with regard to the transac- tion ? A. Yes, sir. Q. What was the character of it? A. The agreement was, that I was to take this company to Halifax, and I was introduced to the men of the company as their captain ; and I had to bring them up to Halifax. Q. Did you derive any benefit from this matter ? You received money, did you not? A. I received no money except that necessary to take the men to Halifax, and their tickets. Q. You received no money ? A. No money for myself, but money to take the men there, for the government. Q. You received no money for yourself? A. No money for myself, from the government. What I received for doing this, was the commission. Q. Did you receive from Hertz any money? A. I received as a private matter §10 from Hertz ; but I received ^25 to feed the men on the boat. Q. Then, Mr. Strobel, had you any direct authority from the Eng- lish government at the time ? Witness. Direct authority to do what ? Mr. Remak. Any direct authority at all. I do not care what it is. Did you hold any commission? A. Just the commission as promised by Hertz. Q. Y(Ui had no commission ? A. I had no commission at that time. Q. Then you cannot say you were at the time the representative of tbe English government, or agent of that government? A. Certainly, I was insomuch an agent tliati agreed witli the Eng- lish government to bring men to Halifax. Q. You considered yourself so ? A. I did not consider, I thought so. Q. When did you agree with the English government ? A. So early as the beginning of A})ril, with Mr. Crampton. IN THE UNITED STATES. 143 Q. Did yon agree to take tlie identical men you started with on the 25th of March ? A. Xo, sir, not those men, hut any men. Q. Then you had no other authority but what you thought you had from Hertz, when you took these men ? A. Not for bringing these very men I named here. Judge Kane. The witness says he had authority from ]Mr. Cramp- ton to take such men as shouhl be enlisted, and that it was from Hertz that he got the directions of the particuhir persons enlisted, and who were to be carried on. Q. Did you make any promise to Hertz in return for the so-called authority he gave you ? A. Yes, sir. Q. Wiiat was the promise ? A. I promised Mr. Hertz that upon arriving in Halifax I would state that Mr. Hertz had sent these men, and that he had a great many more men, and had made arrangements with parties in New York, but was not able to send them, and I was to secure him every man he f-ent from Philadelphia to Halifax. Q. Did you ever pay to Mr. Hertz afterwards anything for the trouble he took to send men to Halifax ? A. I did not. Q. Do you know whether anybody else paid Hertz for the trouble he took on that day, or any other time ? A. 1 do not know ; I know that Hertz received money for the men in New York. Q. Did you ever see Mr. Crampton in the presence of anybody else? A. Yes, sir. Q. Who was present ? A. I saw Mr. Crampton in the presence of Dr. Ruess, for instance, Major Boutz, Sergeant Burgit, and Rose, and others ; 1 travelled with Crampton and Preston in company with other gentlemen up to Quebec from Halifax; these instructions were in the handwriting of Crampton. Q, I want to know if Hertz ever read those instructions ? ^. I do not know whether Mr. Crampton sent him a copy of them or not. Q. Then you do not know whether he had ever any knowledge of these instructions ? A. Thev were written after I left here, and I could, therefore, not tell. Monday's Proceedings — September 24, 1855. Horace B. Mann, sworn. Examined by Mr. Van Dyke. Q. Are you engaged in the Pennsylvanian office? A. Yes, sir. Q. (Paper shown witness.) Do you know whether that advertise- ment was ordered to be published there ? A. As regards ordering the advertisement I do not know anything about it, but that is a copy of the Pennsylvanian. 144 BRITISH RECRUITMENT Q. Do you know anything about the discontinuing of it? A. Yes, sir, it was ordered to he discontinued by Mr. Hertz ; I dis- continued it at his order. Q. Is that the receipt for the advertisement ? A. That is the receipt for the payment of that advertisement ; Mr. Magill is the person who received the advertisement ; tlie paper in -which it appears was published March IGtli, and the receipt is dated March loth. The receipt was here read in evidence as follows : Philadelphia, March l^th, 1855. Lieutenard-Governor of Nova Scotia, To Advertising in the PENNSYLVANIAN, 2 Squares for one month - - - - • - $5 00 Received Payment for the Proprietor, WM. MAGILL. 3Iax F. 0. Strobel recalled. Examined by Mr. Van Dyke. Q. You have been sworn? A. Yes, sir. Q. You are acquainted with the handwriting of Mr. Howe? A. I have seen it. Q. What position did he hold in March and February, 1855 ? A. He was the general agent of the British government, in the States, for this recruiting. Q. (Paper shown witness.) Will you look at that paper, and say whether it is in his handwriting ? A. I believe it is Mr. Howe's handwriting; I have seen him write. The paper was here read in evidence, Mr. Van Dyke stating it was the original of the advertisement which appeared in the papers in regard to this matter. It is as follows : "The lieutenant-governor of Nova Scotia is empowered by her Brit- annic Ma,jesty's government to raise any number of men which may be required, to serve in the foreign legion. "Depots are established at Halifax, and all able-bodied men, be- tween the ages of twenty and thirty-five, who may present themselves, will be enlisted. "The terms. of service will be three or five years. "Officers who have seen service are eligible for commissions. "Surgeons, speaking the continental languages, or some of them, will be required. " Pensions or gratuities for wounds or eminent services in the field will also be given. " On the expiration of the term for which they enlist, the troops will be sent to their native countries, or to America." Q. You said you are acquainted with Mr. Crampton's hand- writing? IN THE UNITED STATES. 145 A. Yes, sir. Q. (Paper shown.) Is that liis writing? A. Tliat is Mr. Grampton's handwriting. Question by Mr. Cuyler. You have seen him write, you say ? A. Yes, sir. The paper was here read in evidence, as follows : "Saturday^ January 27, 1855. ''Sir: I should be happy to see you at any time you may choose to call, to-day or to-morrow, ^'I am, sir, your most obedient servant, " JOHN F. CEAMPTON. ''Mr. Hertz." [Envelope.] J. F. C. Mr. HERTZ, Jf'illard's. Q. (Another paper shown.) Is that also in Mr, Grampton's hand- writing ? A. Yes, sir; that is Mr. Grampton's handwriting. The paper, which was read^ is as follows : "Washington, Feb. 4, 1855, '' Sir : With reference to our late conversation, I am now enabled to give you some more definite information on the subject to which it related. '' I am, sir, your obedient servant, " JOHN F. GRAMPTON. ''H, Hertz, Esq." [Envelope.] . • Paid— J. F. C. Washington, H. HERTZ, Esq., Feb. 4, 424 N. Twelfth street, D. C. Philadelphia. Q. Do you know Mr. Wilkins's hand-writing ? A. Yes, sir. Q. Is he provincial secretary ? A. Yes, sir. Q. (Paper shown witness.) Is that his writing ? . A. It is. I have seen him write ; that is his signature on the back of it, Q. Do you know whether Hertz was in Halifax in June ? A, Yes, sir, he was in Halifax in June, Q, Do you recollect the day ? A. I cannot recollect wHat day ; it was in the beginning of the month. Ex, Doc. 35 10 146' BRITISH RECRUITMENT Q. In wliose handwriting is the direction on the envelope ? A. I helieve it is Wilkins's, too. The paper, with envelope, was read in evidence, as follows : " Provincial Secretary's Office, "e/wwell, 1855. " Sir : I am in receipt of your letter of this date, and am com- manded by his excellency Sir Gaspard le March ant to inform you that in reference to the claim advanced in your communication, Mr. Howe, previous to his departure for England, distinctly stated to his excellency that the moneys which you had received on account more than cancelled any claim that you might prefer. " Any instructions given to Mr. Howe by Sir Gaspard will speak for themselves, whilst Mr. Howe will best account for his own acts on his return from England. "In his absence, nothing can possibly be done by Sir Gaspard, in re- lation to yourself, "You must consider this a final answer given by his excellency's com- mand. " I have the honor to be, sir, your most obedient servant, "LEWIS M. WILKINS. " Mr. H. Hertz.'' [Envelope. 3 On Her Majesty's Service. Mr. H. hertz. Provincial Secretary's Office. Q. Are you acquainted with the British secretary of legation ? A. Yes, sir, I have seen him. Q. Do you know his handwriting ? A. I have seen his writing, but never saw him write. I never had any conversation with Mr. Lumley. I always addressed my letters to Mr. Crampton or Mr. Lumley ; I never received any replies from Mr. Lumley. The defendant's counsel admit the paper to be in the handwriting of Mr. Lumley, and it is read in evidence as follows : " Washington, 3Iay 31, 1855. " Sir : In the absence of Mr. Crampton, I beg to acknowledge the receipt of your letter of the 20th instant, although I am not aware that I have had the advantage of making your acquaintance. I beg to inform you, as secretary of her Majesty's legation, that no charge against you, of the nature to which you refer, has been made to me. _ It is, therefore, superfluous to add that I have never expressed the opin- ion reported to you as having been used by me, "I am, sir, your most obedient servant, " T, SAVILLE LUMLEY." IN THE UNITED STATES. 147 [Envelope.] Paid—T. S. L. Washington, May 31, 1855, D. C. HENRY HERTZ, 424 North Twelfth street, below Coates, Philadelphia, Pa. Q. Did you know the vice-consul at New York ? A. Yes, sir. Q. What is his name ? A. Mr. Stanley. Q. Do you know his writing ? A. Yes, sir, I have seen him write. Q. (Letter shown witness.) Is that a letter of Mr. Stanley's? A. Yes, sir. The letter and envelope were read in evidence as follows : ""'New York, June 19, 1855, ''Sir: I am obliged to you for the cutting from the newspaper which you forwarded with the note of the 17th, both being received by me yesterday. I do not understand the spirit evinced by the writer of the newspaper paragraph. I am not yet aware of any United States laws being broken in the matter to which he lias reference, and have not the slightest interest therein. " Regarding your claim against theNova Scotia government, I have not received any communication from that quarter, as you led me to expect would be the case. As I informed you when in the city, it is not possible that I should be acquainted with the subject ; but if so ordered, I shall be happy to remit you the amount. "I have seen Mr. Matliew, who happened to be in New York, being in hopes that I might procure through him some information which would aid you in this matter ; but being unsuccessful in obtaining any, it is utterly out of my power to forward your views. "Remaining your obedient servant, "C. H. STANLEY." [Envelope.] New York, Mr. H. HERTZ, June 424 North 12th street, 19. Philadelphia. Q- A. Q. A. Q- A. Q- A. (A card here shown Avitness.) Do you recollect that card? Yes, sir. It is written in what language ? In German. Do you know whose writing it is in ? It is a card written by Mr. Benas at the request of Mr. Hertz. Who was Mr. Benas? He was at that time with Mr. Hertz ; I do not know Mr. Benas 148 BRITISH RECRUITMENT himself. He was witli Mr. Hertz, and this was hrought to me "by a man who came up to Halifax and enlisted in my company. Q. Did he go with you ? A. No, sir, he was sent to my company at Halifax hy Mr. Hertz, and he brought this card to me, recommending this man to me as secretary of a company. Q. This man was enlisted in your company ? A. Yes, sir. Q. Before you left? A. No, sir. Q. He came on after the company left here, then ? A. Yes, sir. By Mr. Cuyler. Did you see this card written? A. I could not have seen it, because I was in Halifax, and this man brought it up there. Q. Do you know Mr. Benas, who signs it? A. I know him now ; I did not know him at that time. Q. Are you familiar with his writing ? A. I never saw him writing, and cannot say of my own knowledge that this card is in his writing, but it was brought to me from this very man. Mr. Cuyler objected to the reading of the card in evidence. It was shown to the jury ; but as it was in German, few read it. We present a translation : "I recommend to you the bearer of this card, Mr. Sporer, an excel- lent and perfect penman ; if it lies in your power to obtain for him a position as clerk in your company, you will thereby greatly serve me. "M. BENAS. " By request of H. Hertz." Q. Do you know Turnbull ? A. Yes, sir. Q. What was he in June, 1855 ? A. He was at that time an agent for Mr. Crampton. Q. Where is he located ? A. He was sent to the west, to Cincinnati, to aid Colonel Korpony. Q. (Letter shown witness.) Is that his letter to you? A. That is Mr. Turnbull's letter to me from Cincinnati. Mr. Van Dyke offered the letter in evidence. Mr. Cuyler objected. The objection was sustained and the letter ruled out. Charles Bumherg, sworn. Examined by Mr. Van Dyke. Q. What is your business ? A. I have been editor of the PhiladeliDhia German Democrat, and I am now editor of a German paper at Pottsville, and co-editor of the Adopted American here. Q. Will you state whether you have ever been in the army? A. Yes, sir, I have been in the army of several German states, I have been captain. I came to this country nine years ago. Q. State whether you ever saw Mr. Crampton ? IN^HE UNITED STATES. 149 A. I have not seen Mr. Crampton. I have seen Mr. Mathew. Q. Will you state what took place hefwcen you and Mr. Mathew? A. After'havinuj read the proclamation and resolution of the British government for enlisting ahle-bodied men for the "foreign legion" — Q. That is, the one passed in Parliament? A. Yes, sir; asking for recruiting able-bodied men for the "foreign legion" — I went to Mr. Mathew, and said to him that I could enlist from 400 to 500 men. Well, I made no arrangements in relation to the enlistment with Mr. Mathew, but I gave him a letter to the British Minister of Forjign Aifairs in London, and he told me he would transmit it there. Q. How long after that did you see Mr. Howe? A. Six or eight weeks after that. Q. Where did you first see him ? ^ A. He came to my ofiice in Third street, and asked me to agree with him as to the terms for enlisting men for this legion, and I replied to him that I would come on anotlier day to see him for the arrange- ment of that matter. I went to him, and met there Mr. Hertz, Q. Whereat? A. Jones's Hotel. Q. What took place there ? A. After having some conversation with him, I considered it too hazardous and dangerous to go in that concern, and then I retired, I declined to engage, Q. Did you see him afterwards ? • A. Yes, sir ; but at that time Mr, Howe promised to give me a com- mission in the "legion," Q. Was Mr, Hertz present at ^hat time? * A. Mr, Hertz was present at that time. Q. What else did he say to you ? A. That was all, ' Q. What inducement did he hold out to you in order to get you to go into this business ? A. I did not know at that time precisely that the laws of the United States forbid the recruiting ; and not believing it was against the law, I would have gone into it ; but after having consulted with many of my friends, I came to the resolution to decline. Q. Did you see him afterwards ? A. No, I did not see him after that, Q. (The original draught of the proclamation which Mr. Strobel tes- tified was in the handwriting of Mr. Howe, and is given above — see page 144 for this paper — was here shown the witness, and the question was asked liim whether he had ever seen it?) He answered, I have seen that paper before ; I have translated it, and it has been inserted in the Philadelphia Democrat, German Democrat, and Free Press, Q. Who asked you to translate and insert it ? .A. Mr. Hertz, Q. Did you ever go to Mr. Hertz's office? A. I have been to it once or twice ; it was only to see what was going on. Q. Did you ever go to collect money for his advertisement? 150 BRITISH RECRUITMENT vi. No, sir. I think Mr. Murris, the clerk, did that. Q. What was going on there when you went there ? A. I have seen there many men, but it was not my business to look at it. Q. Did you ever ask Hertz, or did he ever tell you without being asked, how many men he sent to Halifax ? A. Yes, sir, he told me he sent 100 or so on to Halifax. ^ Q. Did he say what he sent them for ? 1 A. No. • 1 Q. Did he tell you who took them ? I A. It was only in a conversation in the street, and I was not par- ticular. Q. Did he ever say anything to you in reference to your going there | yourself to take the command ? « A. Yes, sir, he has told me to go, and I have replied that I would not. Q. How often did you see Hertz in the presence of Howe? A. I believe twice. Q. When was the second time ? A. That was when I declined. Q. Was Mr. Hertz with Ho^e when you saw him at your office? A. No, sir, there was nobody with him. Q. You only saw him, then, once at your office and once in the presence of Mr. Hertz, at Jones's Hotel? A. Yes, sir. Cross-examined by Mr. Kemak. Q. Did you not know Hertz before Howe introduced him ? ^. Yes, sir, I have spoken to hin\. Q. You have stated that at first you were inclined to go into this matter. Did not you write in your paper articles in favor of the '^ for- eign legion ?" A. No, sir. Q. Did not your paper contain such articles ? A. I believe not. Q. Do you not remember that the democratic paper, at whose head you were at the time, had articles against it ? A. I believe it had articles against it. Q. And were not' you, yourself, in favor of this " foreign league?" A. No, sir, I was- not in favor of it. Q. Did you not induce Hertz to put in that advertisement ? A. No, sir ; he desired me. I translated it. Q. Did not you go to Mr. Howe in order to induce him to do some- thing in relation to this translation ? A. Not to my recollection : nothing of the kind. Mr. Van Dyke here showed witness an advertisement in a German paper, and asked him whether it was a translation of the original paper which was handed to him ? A. It is the translation. Q. You put that in at whose request? A. For a month, I think. Q. Who asked you to publish it ? IN THE UNITED STATES. 161 A. I puMislied it at the request of Mr. Hertz. Question by Mr. Cuvler. Where did he (Hertz) ask you to translate it? A. He ask^l me to translate it and insert it in our paper. Question by Mr. Cuyler. At what place did he ask you that ? A. I remember not ; but I believe it Avas in his office. Mr. Cuyler. You are perfectly sure that Hertz asked you? A. I am sure Hertz asked me to translate it and insert it in the JFi'ee Press and Philadelphia Democrat. Mr. Cuyler. Did Hertz personally himself ask you ? A. Yes, sir. Mr. Van Dyke here gave in evidence the German translation of the original proclamation, as published in the German papers of this city. The original can be found in Strobel's testimony, on page 144. Thomas L. Bnchiell sworn. Examined by Mr. Van Dyke. Q. Will you state to the court and jury all you know of this matter ? A. Well, on the 18th of March it was I heard that the honorable Joseph Howe, who was either president or director of the railroads in the province, was in New York, and I went on in the 5 o'clock train. I wished to see the procession of the I7tli of March, " St. Patrick's day." and I thought I might see both together. I saw him at half- past 11 o'clock, on the 16th, at Delmonico's Hotel. I spoke to him of what I had visited New York for, and he told me he would see me again, and see what he could do about giving me employment as civil engineer. He said, you can be of use to me in one or two matters while in the city ; he gave me some ten sovereigns, I think, to go to bank to get changed into American money, and buy some stationery. Well, I bought the stationeiy, and got the money changed, and went back and gave the money up, and that was the last I saw of him on that day. On the 17th I called again, and he asked me to dine with him. I dined with him about half-pflst 4, and showed him my testi- monials from difterent engineers. Two or three gentlemen came in while at dinner, and the conversation stopped about what he could do for me. I do not think I saw him again until Monday, and he asked me if in the course of my walks through the city I would call for him at the Metropolitan Hotel, and see if there were any letters for him, I called there and got two letters, and brought them to him ; he had gone out for the evening, and I left them with the book-keeper ; I forget now whether I sent them up to his room or left them with the book-keeper ; I called next day, I think it was on Tuesday, and he asked me whether I would like to go on to Pliiladelphia and Washing- ton ; I said it was all the same to me where I go, for I have nothing else to do ; so he gave me a parcel tied up — I don't know whether it was directed or not — to leave with a man by the name of Hertz, at No. G8 South Third street, Philadel])hia ; I brought the parcel on, and called next morning at No. j8 South Third street, and asked if there was a man by the name of llertz there ; there was a small-sized man in the room, and he said that Mr. Hertz was in the next room, and he would call him ; he called him, and he came out and said_, I am Hertz ; 162 BRITISH RECRUITMENT I tlien said, tlie honorable Joseph Howe directed me to leave this with you, and you will please give me a receipt for it ; I then left the parcel. That was all the conversation I had with him on that occa- sion ; I left the office, and went with some printed or sealed documents to Washington. Q. From him ? A. No, sir, from Howe. I did not get any answer to those. I came hack again. The sealed documents were directed to Mr. Cramp- ton. He, Mr. Crampton, ashed me when I left New York. I told him about leaving this parcel at Hertz's, and he told me he would re- commend me to call back that vray and get it again. Q. You are sure it was he? A. Yes, sir, I am certain. He told me to call that way again. I called at Hertz's office on my way back, and gave him the receipt I had taken for the papers, and took away the papers I had left at his office. That was the last I saw of Hertz until I saw him at the office. Q. What papers were they ? A. They are the printed circulars that came from Halifax ; the circulars with the British coat-of-arms upon them. Judge Kane. The witness spoke of that as an enclosed parcel. Witness. There was no cover on it ; there was only a piece of twine around the parcel, and I could see what they were. I took them when I came back, and rolled them up myself, and brought them back to New York. [Circular shown witness with the British coat-of-arms upon it, a co23y of which is already published. See copy on page 114.] That is the circular I saw. Q. You went back to New York after that ? A. Yes, sir. Q. Did you see Howe ? A. Yes, sir. Q. Were you there when Mt. Strobel came? A. Yes, sir ; I saw Mr. Strobel. Q. Did you give him any money ? A. No, sir, not to Mr. Strobel. At the request of Mr. Howe, I gave $100 to Mr. Hertz. Q. To Mr. Strobel and him together? A. Yes, sir. Q. At the Astor House ? A. No, sir, at Delmonico's. Q. What did Hertz do with the money ? A. I do not much mind. Q. Did you see what he did with it ? A. I saw him get a receipt for part of it from Mr. Strobel ; I be- lieve it was $80. Q. Did you see the men that Strobel had there? A. No, sir. Magnus Benas affirmed. Examined by Mr. Van Dyke. Q. Where do you live ? IN THE UNITED STATES. 153 A. No. 218 North Fourth street. My business is pocket-hook makinp;. I know Hertz. Q. 8tate what you saw in reference to these enlistments? A. I got acquainted witli Hertz about eight days before he was ar- rested. 1 was down at tlie wharf as tlie steamer Sanford h^ft, and I was in his office on the same day, and aiterwards. I got in his em- ploy about a week afterwards. Q. You got in Hertz's office? A. Yes, sir, in Mr. Hertz's employ. Q. About eight days before he was arrested ? A. No, sir, after lie was arrested ; about the 2d of April. Q. Still in the same office? A. Yes, sir. Q. Well, then, what did he engage you for? A. Well, for transacting his business. It was a commission office. Q. Did you write that card to Halifax at his request? A. I wrote that card on my own account. It was for an acquaint- ance of mine, and I wrote it on my own account. Q. Do you know anything about the office for recruiting, and Mr. Hertz's connexion with it? A. Well, I heard something, but I did not know anything before. Q. Did he tell you anytliing about the office kept by the Baron Von Schwatzenliorn ? State what you know about Hertz engaging Von Schwatzenhorn ? A. Tliere was a conversation between the Baron Von Schwatzen- horn and Hertz. Question by Mr. Cffyler. In your presence ? A. Yes, sir ; they met at 68 South Third street, and agreed that Von Schwatzenhorn should see to getting the men, and Hertz procured the vessels to bring them to Halifax ; and accordingly Hertz sent me at different times to the office of the English consul to inquire about vessels loading for Halifax; merchant vessels — mostly schooners. Q. That was, for the men whom Baron Von Schwatzenhorn was get- ting ? A. Yes, sir, I was about four or five times in the office, and got about five vessels ; two of the vessels I recollect t]ie names of ; they were the " Gold Hunter" and " Bonita." Q. Were men sent in these vessels? A. Yes, sir ; they Avere sailing-vessels, direct for Halifax. Q. Were they English vessels? A. Yes, sir, I guess so ; I do not know sure. Q. Did you see any of the vessels ? A. Yes, sir, I saw them all. Q. Did you see the names of any of them ? • A. Yes, sir, I told you. Q. Where did they hail from ? A. 1 do not know. Q. How many men did you ever see off in a vessel ? A. I saw them off, once four men, and another time six, but never more than six were in one vessel. Q. Wliat was the character of these vessels? 154 BRITISH RECRUITMENT A. They were scliooners. Q. Was it at the request of Hertz that you went to the British con- sul's to know when merchant vessels were going to sail, for the purpose of sending the men Baron Von Schwatzenhorn had engaged? A. Yes, sir. Q. Where did the Baron Von Schwatzenhorn keep his office? A. He lived at the corner of Fourth and Brown i Q. This was after the arrest of Hertz? A. Yes, sir, it was. Q. Do you know at whose request the Baron commenced to engage men? A. I do not know. Q. (Card shown witness, a translation of which may he found on page 148, ante.) Look at the hottom of that card, and say if you have not stated at whose request you wrote it ? A. I did it of my own accord, and wrote that down to let Mr. Stro- bel know that I was in the employ of Hertz. Q. Is it not written " at the request of Mr. Hertz" at the hottom? A. I wrote it so, hut it was on my own account. Q. Do you know Schuminski ? A. Yes, sir, I saw him. He was not engaged at the request of Mr. Hertz, hut of the Baron Von Schwatzenhorn. He was with the Baron. Q. They acted together? A. Yes, sir. Q. Do you know how many men the Baron got altogether ? A. No, sir, I do not know ; I guess about tA^enty or twenty-six, I cannot tell for sure. Q. Did Hertz ever tell you how many men he sent altogether ? A. No, sir. Cross-examined by Mr. Kemak. Q. Mr. Baron Von Schwatzenhorn was not requested, then, by Mr. Hertz to send men ? A. No, sir. Q. Do you know Winsor and other gentlemen who procured the vessels ? A. I do not know anything about it. Q. AVas Mr. Hertz exactly'in the position of Winsor and other gen- tlemen who had vessels at their disposal? A. I do not know. Mr. Hertz sent me to the English consul to inquire about vessels loading for Halifax — that is all I know. I know they were for sending the men to Halifax that the Baron Von Schwat- zenhorn procured. Q. Did^ou not know that the Baron was indicted in this court ? A. Yes, sir, I knew that. By Mr. Van Dyke. Q. Do you know wlxere he is now? A. In Halifax. Q. What is he doing? A. I do not know. IN THE UNITED STATES. 155 Cliarles Burgtlial sworn. This witness was a German, who could not speak English, and Mr. Theodore H. Oehlschlager was sworn as interpreter. Examined by Mr. Van Dyke. Q. Where are you from ? A. From Vienna. Q. In what service have you been ? A. Military. Q. In what military service? A. The Austrian. Q. What official position did you hold ? A. I was a major and lieutenant-colonel in the engineer service. Q. When did vou come to this country? A. The 28th of September, 1848. Q. Where had you been located with your command before you came here ? A. In Hungary. Q. At what j)lace ? A. At Komorn. Q. Did you at any time see Mr. Crampton in reference to recruiting for the British government ? A. Yes, sir. Q. State when you first saw him, and how you happened to go to see him ? A. I was engaged as superintendent on the Panama railroad, but, being sick, returned to the United States and went to see Mr. Marcy and Mr. Gushing and other gentlemen, and when in Washington became acquainted with Captain Strobel. I knew Mr. Strobel previous to this, five years before. Mr. Strobel informed me that ]\Ir. Crampton was seeking ofticers for this business. In the end of February I went out with Mr. Strobel to see Mr. Crampton. I went to Mr. Crampton's with Mr. Strobel ; he was not at home ; he was at a dinner party at Mr. Marcy 's. I left my card there, and went to Baltimore to my family. Four or five days afterwards I received a telegraphic despatch from Mr. Crampton requesting me to return to Washington. The next day I did so. I went over there, and was with Mr. Crampton, and held a conversation of over an hour with him relative to this recruit- ing business. He made me a proposition requesting me to enter the regiment as colonel. I observed to him that I would not enter the service unless there was a perfect security as to my getting a commis- sion, as I did not wish again to enter the service of a despotic power. Q. What do you mean by " perfect security?" A. I mean a commission from the Queen, as no one else was able to give a commission. Q. What else occurred? A. Then I came to Philadelpliia in the beginning of March, and saw Strobel here; I also made the acquaintance of Mr. Hertz ; about the 10th or 12th of March, Mr. Howe came here and visited me. Q, Did Mr. Howe call on you of his own accord? A. He looked for me and visited me of his own accord, having heard from Mr. Eumberg that I was here. 156 BRITISH RECRUITMENT Q. State tlie conversation between Mr. Howe and you? A. He made tlie same proposition. He stated that he had officers here, in Baltimore, in New York, in Chicago, and in different parts of the country. He tlien toki me that he would obtain for me a com- mission ; that he had authority from Mr. Crampton so to do. I re- fused the offer, having other employment here at the time. After- wards Mr. Howe visited me with two or three other gentlemen, and invited me to Jones's hotel. I went to him and dined with him and these other gentlemen. I informed him at dinner of my opinion in relation to this recruiting business ; that it had been forbidden in the United States. He showed me two placards, one in German and the other in English, and also a journey card and ticket, and told me that he did not think lie could be laid hold of in the matter. Mr. Remak. He said that he felt certain that nothing could be done to him ? A. That nothing could be done against him in the United States. He also requested me, if I came "to New York, to visit him at Del- monico's hotel; I went there, but did not meddle any further in the matter, nor go to see him. Q. Did you at any time see Mr. Hertz, or have any conversation with him? A. I saw Mr. Hertz very often when I came to see Mr. Strobel. Q. Where at? A. Mr. Hertz's office, in Third street. Q. What was he doing? A. I do not know ; he was writing; i^eople came there for him — they came to see him. Q. Did Hertz have any conversation with you ? A. I said nothing to him ; I sim23ly saluted him. Q. Had he any conversation with you in reference to recruiting men ? A. Yes, sir; I think he spoke of it. Q. What did he say? A. He said he sent people to Halifax, but not for military service; that he had a commission to do so. Q. What did he send them for ? A. I had my opinions as to whj^ they were sent there, but I did not tell him, nor did he tell me. William Budd, sworn. Examined by Mr. Van Dyke. Q. Are you acquainted with Mr. Hertz ? A. Since the 13th of March. Q. Where were you made acquainted with him ? A. I was introduced to him as the agent in this city for the recruit- ing for the " foreign legion." Q. State what took place ? Judge Kane. What was the character of the introduction ? Witness. He was introduced to me as the agent by my friend, Mr. Strobel. AVe went down there one morning, and, after some prelimi- nary conversation between Hertz and Strobel, he introduced me to him. Strobel remained in the outside room, and he asked me whether IN THE UNITED STATES. 157 I Would go to Halifax. He said that he was agent of the foreign legion, and asked me whether I had called to receive information about it ; I told him I had ; he then told me that commissions were to be issued for men who would go on there, and he supposed that I would get one ; I then gave him mj address, and he re(iuested me to call again, and he would let me know Avhen the first expedition started — to stop in every day and see him, and see what was going on ; I did so. He engaged me to go on there for the purpose of obtaining a commission. Q. State the conversation fully, that occurred between him and you, in reference to your going there? A. Well, we had a great many conversations ; almost every day we talked about it. Q. When did you first agree with him to go to Halifax for the pur- pose of obtaining a commission ? State the conversation that then took jilace. A. I did not agree on the first interview; I told him I would think about it. Q. What did he say at that interview? A. He promised me a commission, Q. Did he ask you to go with that view ? A. Yes, sir, he did. Q. And you told him you would think about it? A. Yes, sir. Q. What next took place ? A. After two or three days, he asked me if I had made up my mind ; I told him yes, I would go to Halifax and see what took place when I got there. He then intended to send me with Captain Strobel, but I concluded not to go ; there were not men enough going, and I preferred to hefer from him and hear how he got on when he got there. It was on a Sunday when he started, and I did not go with liim. Q. What did you do from the Sunday up to the time you started? A. On Monday, Hertz was in JSIew York. Q. Who had charge of the office while he was gone to New York? A. Bosschart and myself were there, and we took several persons down who came in there. Q. Did you do that at the request of Hertz? A. We did at his request. Q. Who was Bosschart acting for? A. I understood he was acting for Hertz. Q. Did you raise any men in that time? A. About twenty-five or thirty. Q. What did you do with them? A. The day before we started they all came there, and we gave them tickets and told them to be down to the New York boat next morning. I went down there after I received instructions from Hertz where to go to in New York. Q. What instructions did you receive from him? A. He told me to go to Delmonico's hotel, and call and see Buck- nell. We started, and did not get any further than the navy yard, when we were arrested. Q. You took the men? A. .1 did not take them ; they were down on the boat. • 158 BRITISH RECRUITMENT Q. They were in your command? A. I had no real command ; I was considered as leader of the party. Q, By arrangement with Hertz? A. Yes, sir. Q. How many had you? A. About thirty when we started. ,1 only saw twelve when the arrest was made. I think there were tliirty. It was on a Wednes- day. I am not sure whether it was on Wednesday following the Sunday that Strobel went on with men. Q. Did you see the men go on the boat? A. I did, sir, and told several of them to hurry up, or they would lose their passage. I took the tickets from them after we had started down the river. Q. What boat were you on board? A. The Delaware or Sanford — one of the New York line ; the Delaware, I think. Q. (Tickets shown witness, same as copied on page 138.) State whether those are the tickets used ? ^. I do not know ; tickets like those the men had ; and after they got on the boat, the captain told me to muster them and take them up. Q. They got those tickets from Mr. Hertz and yourself, you have said ; where did you get the tickets you gave them ? A. From Mr. Hertz ; and when the tickets were taken from them, I gave them other tickets which the clerk of the boat gave me. Q. Who settled with the boat for those tickets? A. I do not know. Q. You started in the boat and were going down the river ? A. Yes, sir. Q. What happened then ? A. When I mustered them and found there were so few, I was look- ing for the rest, when Mr. Jenkins came up to me and told me he would like to see me — that he had a warrant for me, and the marshal would be up alongside in a steamboat in a few minutes ; I told him, very well. They searched me for papers, and brought me up to the office ; I do not recollect the names of any of the company. Q. Had a you a muster-roll ? . A. I had. Q. Where is it? A. I rather think I tore it up when I was arrested. Q. (Book containing the names of the men who enlisted at Hertz's office shown.) Do you know that ? A. Yes, sir. Q. What is it? A. I cannot say exactly whether it is a part of Strobel's company or mine — I rather think it is mine ; several of the men who had en- listed to go with Strobel's company did not go with him, but went with me, and this list is part of Strobel's and part of mine, I think; I do not know whose writing it is in ; Mr. Hertz gave me the list, and I suppose he wrote it ; I have seen the book in Mr. Hertz's office. (). (Paper shown witness containing a list of names.) Do you know if that was the list of your company ? IN THE UNITED STATES. 159 A. I think it was, to the best of my knowledge, and I think I made those marks on it. I had no list besides this. Q. (Another paper sho^^'Yl witness similar to tlie first.) Is that a copy of this? A. Yes, sir, I expect so. Mr. Van Dyke here offei-ed in evidence the list of names which the .vitness identified as containing the names of the members of this company, from which some of the bills had been drawn. The list is r -ad in evidence. Q. Do you recollect the names of James Johnson or Peter Muhn ? A. I do not. Q. Do you recollect Mr. Bucknell coming into tlie office with the handbills ? A. Yes, sir. Q. Do you know whether Mr. Hertz took them, and what he did with them. (Bill containing the British coat-of-arms shown witness, same as copied on page 114.) Is that the bill ? A. Yes, sir. Q. What did Mr. Hertz do with them? A. Several were stuck up around the office and on the outside, and several were sent to be distributed. I understood they were sent around to the lager-beer saloons. Q. What became of the bills ? A. Mr. Bucknell took some away, and the rest were burned. Q. How did that happen? A. I went in one morning and saw some excitement ; they were shoving the papers -in the stove, and they told me that Mr. Bucknell had taken the rest of them away with him. Q. Did you ever see Mr. Perkins in the office ? A, No, sir. Q. What did Mr. Hertz tell you was to be the destination of the men you took ? A. Halifax. Q. What were they to do there ? A. To enlist in the foreign legion, if they were found physically competent. Q. Was there a physician at the office for the purpose of examin- ing men that came there ? A. No, sir. Q. Do you know what he was paid for getting these men ? A. I do not know the exact agreement. Q. Did you ever see any telegraphing or letters written by Mr. Hertz ? A. Yes, sir. Q. State what the telegraph contained ? A. I saw him write a telegraphic despatch to Bucknell ; he told him to wait. Q. Did you see any letter written by Hertz ? A. Yes, sir. Q. State what it contained ? Mr. Cuyler objected. 160 BRITISH RECRUITMENT Q. To wTiom was the letter addressed ? A, To Mr. Bucknell. Mr. Bucknell was here recalled. Q. Have you got that letter written hy Mr. Hertz? A. I never remember his sending one. Q. Did you ever receive the telegraphic despatch he sent you ? A, Not that I can remember. Mr. Budd's examination continued. Q. State what was in that letter. Mr. Cuyler objected. Q. AVhere did you last see the letter ? A. On Mr.. Hertz's desk. Q. Who was at the desk at the time? A. Mr. Hertz himself; he was writing at the time. Q. Have you seen it since ? A. No, sir. Q. Do you know whether it was ever put in the post office? A. No, sir. By Mr. Cuyler. Have you any knowledge of it, except that it was a simple sheet of paper on which he was writing ? A, Yes, sir, he informed me of the nature of it, and read part of it to me. Q. By Mr. Van Dyke. Did he give that letter to. you after it was written ? A. No, sir. Q. You have no knowledge of what became of it? A. No, sir. Q. Go on and state, to the best of your knowledge and recollection, what it was that Mr. Hertz wrote on that sheet of paper. A. Mr. Hertz was writing, and I was waiting in the outer office ; he asked me how I spelt my name, and told me that he was writing about me, and stating that I was coming on next day ; I then went around to where he was writing, and he again asked me how I spelt my name, and I looked over his shoulder and saw he was writing to the agent in New York that I was coming on with men, and he hoped, he wrote, that he would keep his Avord and send him on money at the rate of four dollars for superior brands, and two dollars for inferior brands.^ Q. What did he mean by superior and inferior brands? did he give you to understand ? A. No, sir, he did not. I understood this perfectly ; it meant men. Q. Did you see him writing any telegraphic despatch ? A. I saw him Avrite a telegraph, asking whether I should come on next day or not ; I forget who took it to the office. Q. AVas there anything in it besides that? A. He did not use my name ; he asked whether he should send twenty or thirty parcels next day. Q. Do you know whether he got an answer ? A. Yes, sir. Q. What was the answer? IN THE UNITED STATES. 161 A. "Yes." It was signed ''B." I think it was '^ Yes, all right." It was in the affirmative. He then told me to get ready to go next morning. Q. Did he say anything to you in reference to getting directions in New York as to what to do ? A. He told me I would get directions for money or assistance from the agent at Delmonico's hotel to proceed on to Halifax. Q. Did lie mention the name of the person there? A. He asked me whether I would know Bucknell again, and I told Lim yes. Q. Did Hertz give you any money before you left? A. No, sir. Q. Had you any conversation with him after your arrest ? A. Oh, yes. Q. What was it? A. He said so much, I cannot state it. Q. State what he said in reference to this recruiting business after you were arrested. A. After they had arrested me the marshal went on shore and ar- rested Hertz, at his office, and they kept us in the Delaware a couple of linurs, until they had ])reparations made for our reception. The deputy marshal kept the boat out, and when we came up to the office I Ibuiid Mr. Hertz here. He said, " All right ; I will bail you out;" and I did not think anything more about it until I was committed. Q. Did he say anythinij: about remaining quiet? A. Not then ; not until the latter part, when I had some difficulty in procuring bail. Q. What did he say to you then ? A, He said keep quiet ; I will have you out. He afterwards said something about the matter ; it was to keep my mouth shut, it would be all right ; I would be well paid for it. Cross-cxjimined by Mr. Cuyler. 4^. When was it you were arrested? A. I cannot exactly remember the day, but it is very well known ; I think it" was in the latter part of March. Q. Was there any previous communication between yourself and the United States officers before the arrest? A. None whatever. Q. This arrest was not, then, in consequence of any conversation between yourself and the authorities, directly or indirectly ? A. No, sir. Q. Your arrest was a complete surprise to yourself? A. Yes, sir, to me ; I was totally unprepared for it. Q Where did the conversation take place when he told you to keep your rnuuth shut? A. Once down in the prison, and once in the commissioner's office. Q. By Mr. Remak. In what country were you born? A. I decline answering that question, as it implicates myself. I have been advised to decline answering it. Q. By Mr. Van Dyke. Did you ever state under oath where you were burn? Ex. Doc. 35 11 1-62 BRITISH RECRUITMENT A. Never. Q. By Mr. Cuyler. Do I understand you to say distinctly that to answer the question, where you were born, would involve you in a criminal prosecution ? A. No, sir ; but to answer whether I am a citizen or not would in- volve me in a prosecution. Q. By Mr. Remak. Have you not been arrested and held to bail before the United States commissioner Heazlitt, on the charge of having retained and hired men for the foreign service? A. I believe so ; that is the charge on which I was arrested and held to bail for a further hearing. Q. And were you not, on the 28th of March, 1855, a defendant be- fore commissioner Heazlitt ; that was, the day you were arrested? A. Yes, sir. Q. Did you not turn state's evidence on the 28th of March, against Hertz ? A. I believe that was the first day I gave evidence. Q. Did you not say before the United States commissioner that Hertz had promised you money in case you would keep your mouth shut ? A. I did so at that time. Q. Did you not receive that money because you were in very des- titute circumstances ? A. No, sir, I did not. Q. Had you any money in your pocket the time you were in prison ? A. I had. Q. How much ? A. I had sufficient. Q. You stated in your examination in chief that Strobel introduced you to Hertz as an agent of the English government ; why did you not say so before the United States commissioner ? A. I said so ; I do not know whether I used the exact words, but to the same sense. Q. It is here, in the published report of the proceedings, that you said, " I was introduced to Hertz about the 15th of March, by Mr. Strobel ; was introduced to Hertz as the person who would give me all the information about organizing the foreign legion in Nova Sco- tia." Did you not say that? A. Yes, sir. Q. You said to-day that you were introduced to him as the agent of the English government? A. For that purpose. Q. Did you or did you not state before the United States commis- sioner that Hertz was introduced to you as the agent for the English government? You say now that he was introduced to you as the agent of the English government ? A. He was introduced to me as agent appointed in this city by the government for whom the foreign legiom was to be raised. Q. You said that he was introduced to you there as the person who gave the information ? A. In that capacity. IN THE UNITED STATES. 163 Q. Did you not employ the word agent? A. I do not recollect it. Q. Did you not say before tlie United States commissioner that it was left optional to any person coming into the office whether he would go to Halifax or not, or what he would do there ? A. I said that, of course, it was left optional with the recruits to go to Halifax, but after they got there force was to be used to induce them to enlist. Q. Did you then state to the United States commissioner that Hertz was the agent to enlist those persons for foreign service ? A. I did not say so. Q. Did you not state to the United States commissioner that Hertz sent men to Halifax, and it was immaterial to him what the}' were going to do there ? A. I do recollect that Hertz sent them to Halifax for the purpose of being enlisted in the foreign legion ; of course, he had nothing to do with them after they got there. Q. Do you remember the 31st of March, when Richard Vaux was your counsel, and when Benjamin Rush made that great speech ; were not you a defendant at the beginning of that period ? A. I do not know. Mr. Van Dyke. There is no dispute about it. He was a defend- ant, and was discharged by the commissioner by my direction. Mr. Remak. It is for the jury to know ; I desire to know whether or not the witness, on the 31st of March, was a defendant, and had made up his mind to turn state's evidence at the time? Mr. Van Dyke. I discharged him for the purpose of using liim as a witness. Mr. Remak. I desire the answer of the witness. Witness. I think I made up my mind ; I think so ; I am not positive. Q. Did not Mr. Hertz say to you that he had no power whatever to give commissions ? A. He said he had not power to issue commissions here. Q. He said he had no power to give any commissions ? A. Here. Q. Do you believe he had any power to do so ? A. I really do not know. Q. Was Mr. Strobel present when you conversed with Mr. Hertz? A. On some occasions. On the first occasion he was present during only the first part of the conversation. Q. Who else was present ? A. No person. Q. Did not you desire to see Mr. Hertz yourself? A. After I was informed that he was the general agent of the Eng- lish government, I did. Q. Had you a desire to enlist in foreign service ? A. No, sir, I was not going to enlist ; I was to receive a comiai^sibn, not to enlist. Q. And you say Hertz did not promise you any commission .at all ? 164 BEITISn RECRUITMENT A. I did not say so. I said lie promised me that the fact of my going on there would insure me a commission when I got there. Q. He had not power to give one ? A. Not here. Q. From whom did you receive tickets? A. From Mr. Hertz. Q. What were the tickets for? A. To give to those men I was going to take on, to get their pas- sage. Nothing else was given to the men. Q. You state, I think, that ahle-bodied men could be attested in Halifax, if they proved physically competent? A. Yes, sir. Q. Did you hear Mr. Hertz say at any time that "physically com- petent" men would be received at Halifax? A. No, sir, not these exact words ; he has said, if they were sound, j and has asked me if they were all right. _ j Q. Why did you not say that before the United States commis- sioner? A. I suppose I was not asked ; I do not know the reason I did not. Q. Did not your examination before the United States commissioner last for some time — for two hours? A. I do not know : it lasted for some time ; I could not exactly say what time. Q. Were not you asked at the time all you knew about it? A. I was, but I may have forgotten some particulars ; I had heard 80 much that I could not remember exactly all. Q. How comes it that you remember it now, and not then ? A. There is some conversation which I related then that I cannot remember now. Q. Who have you had conversations with in the meantime about this proceeding— that is, from the 31st of March to this 2Sd of Sep- tember? A. With a great many persons with whom I am acquainted ; I merely talked the matter over. Q. Were not you very partial to carrying on the war in Europe against Russia, and for that reason you wanted a commission ? A. I do not know, sir ; I never remember expressing my senti- ments ; I wanted to go there to have a fight, and 1 did not care which side I went on. Q. Have you not changed since that time in regard to the war in Europe ? A. No, sir, not in the least. Q. You are now on the Russian side? .. ,A,. No, sir, I am not on either side. Mr. Van Dyke here stated, that as the attorney for the defence (Mr. Remak) had seen fit, in order to impeach the testimony of Mr. . Budd, to read a part of his testimony beibre the United States commis- sioner, in justice to Mr. Budd, he deemed it proper, in corroboration of , the testimony of the witness, to read the whole of the testimony before tiie commissioner, that the jury might see that there is no discrepancy IN THE UNITED STATES. 166 in the two statements. (Mr. Budd's testimony before United States commissioner Heazlitt is here read by Mr. V.) John Jacob Bosschart, sworn. Examined by Mr, Van Dyke. Q. Do you know Mr. Hertz ? A. Yes, sir. Q. How long have you been acquainted with him ? A. I guess I got acquainted with him last March. Q. Where did you first get acquainted with him ? ^ I do not know exactly whether I got acquainted with him at my own house or first at his office, No. 68 South Third street. I think it was at my house. I was in the habit of attending his office during the month of March. ij. State all that took place between you and him, and between him and other persons, in relation to enlisting for the foreign legion? A. I was first made acquainted with the business by Mr. Leob. He told me that Mr. Hertz had entered into the business of recruiting for the British foreign legion. Some time afterwards, Dr. Biell, who was hording with me at the time, told me about it, and I soon after saw an advertisement in the German Democrat, Peimsylvanian, and Ledger, that they wanted men for the British foreign legion ; that every one who chose to go to No. 68 South Third street would learn the particulars. Dr. Biell and Aschenfeldt went down there, and I went too, to see what was going on ; I saw the officers and men going there, and spoke to Mr. Hertz about this foreign legion, and about their pay and commissions. Some of them signed their names in the book, and some of them were taken down by Hertz himself Q. What was the character of the conversation which took place between Mr. Hertz and the men when they came up there ? A. The men came in and generally asked if that was the recruiting office, or office to enlist men for the foreign legion ; the reply gener- ally was that that was no recruiting office, and that they could not be enlisted there, but if they chose to go to Halifax they might be enlisted there; then he showed them the handbills, which stated that $30 bounty was given, and $8 a month to the men ; he said that it was in his power to give them a commission. Q. (The handbill shown witness containing British coat-of-arms, already published, page 114.) Is this the kind of handbill which he showed them? A. Yes, sir. Q. What did the men say they wanted to go to Halifax for ? A. They wanted to go to Halifax to serve in the foreign legion — that is, the men who came to the office. Q. Did he engage them to go there for that purpose? ^. As I understood, he engaged them to go for that purpose. Q. To enlist when they got there ? A. Yes, sir. Q. And they told him that that was their intention when they got there ? A. Yes, sir, they told him that. Q. How long were you with him in that office ? 166 BRITISH RECRUITMENT A. I was til ere every day from the beginning of the business until we were arrested. Q. Do you recollect any physician who examined the men ? A. Well, I recollect that Dr. Biell examined some of them. Q. Do you know what Mr, Hertz was to get for sending on these men? A. No, sir. Q. Do you know who employed Mr. Hertz to do this business? A. I was told Mr. Howe employed him. Q. Who told you ? A. I do not recollect who told me. Q. Do you recollect Mr. Hertz ever saying anything about it? A. I heard Hertz talk frequently about Howe, but cannot recollect distinctly that he said that Howe employed him. Q. Did Hertz, in speaking of the manner in which he was employ- ed to conduct this business, speak of Howe as being connected with his being employed ? A. Yes, sir. Q. Did Mr. Hertz ever say anything to you about Mr. Crampton having employed him ? A. He told me he had seen Mr. Crampton on the subject. Q. What did he say had taken place between him and Mr. Crampton ? A. He did not say what had taken place between him and Mr. Cramp- ton — not that I recollect. Q. You reoollect the departure of Captain Strobel and his company? A. Yes, sir. Q. Were you at the wharf at the time ? A. Yes, sir. Q. Was Hertz there ? A. Yes, sir. Q. To assist in getting them off? A. Yes, sir. Q. Did he engage that company to go to Halifax? A. Yes, sir. Q. For what purpose? A. For the purpose of enlisting in the foreign legion, as I understood. Q. Do you know whether he went to New York to make arrange- ments for sending that company from New York to Boston ? A. That company started from here on Sunday morning, at 10 o'clock, and Mr. Hertz went to New York on Sunday night, in the half-past one o'clock train, to make arrangements to see that the men got off from New York ; he returned to this city on Monday night or Tuesday morning ; I saw him on Tuesday morning again in the office. Q. While he was away who had charge of the office ? A. I had charge of the office. Q. Were you directed to conduct the business for him while he was away? A. Yes, sir. Q. And those men who were enlisted during the absence of Hertz, on Monday, were engaged by you at the direction of Hertz ? A. Yes, sir ; I took the names on a j^iece of paper as directed, and IN THE UNITED STATES. 167 told the men that Hertz would be back on Tuesday, and find a vessel to bring them on to Halifax. Q. Why did you not take the names in the book during his absence ? A. I guess I was directed by Hertz to take them down on the pa})er. Q. (Paper shown witness.) Is that in your writing ? A. I could not say whose writing it is — some of it is written by me ; two of the names are written by me, Robert Korn and Peter Sable ; it is the list which was kept in the office ; that list contained the names of those who engaged to go. Q. (Another paper shown.) Is that another list of the names kept in the office ? A. Yes, sir ; there is none of my writing on that. Q. (Book containing the names of those who enlisted, which has al- ready been partly published, shown.) Look at that book and say whether you see any of Hertz's writing in it? A. The names on the first page, I think, are all written by the men ; on the second page also ; and. on the third page some of them are written by Hertz. Q. (List of officers in the back of the book shown witness.) What is that ? A. That is a list of the officers. It is in Mr. Hertz's writing. It contains the names of Strobel, Esson, Shuman, Biel, Lisepenny, Budd, Aschenfeldt, Riter, and Anglere. I know those men engaged to go as officers — some of them as non-commissioned officers, and some of them as commissioned officers. Q. Do you know what pay Mr. Hertz got for this? A. No, sir. Q. (Tickets shown.) Did you see many of this kind of tickets about the office ? A. Yes, sir, there were a great many of those tickets. Q. Did the men who went in Strobel's company get any tickets ? A. I guess so ; I am not certain. Q. (Another book shown.) Do you know that book? A. I saw that book once there. Q. Whose writing is that in it ? A. I guess it is the writing of a man in the employ of Mr. Hertz, Mr. Holm. I do not know exactly, but I think so. Book read m evidence, from which it appeared that Hertz was debited with $750, and credited by cash with $300, and then charged with 758 tickets. Q. Do you know who he got that cash from ? A. No, sir. Q. (Some handbills were shown witness, same as on page 114, ante.) How many of those handbills did you see about there ? A. I could not tell how many. I saw a package of them; Mr. Bucknell brought them. Q. Were any of them posted about? A. Yes, sir. Q. By whom ? A. I cannot tell. Q. Who directed it to be done ? 168 BRITISH RECRUITMENT A. Mr. Hertz. Q. Do you know who paid the German Democrat for the advertise- ment of this call ? A. Mr. Hertz did. Q. Where did he pay? A. In his office. Q. Who called for it? A. The clerk of the Democrat, Mr. Morris. Q. Did you see him pay? A. I saw him pay. Q. You were arrested at the office? A. Yes, sir. Q. With Mr. Hertz, on the morning that the steamer started ? A. Yes, sir. Q. Was it before or after the men were arrested ? A. On the very same day. Q. It might have been earlier in the day or later in the day ? A. It was after the men had started. Mr. Budd was put in com- mand of them. Q. Do you recollect the list of the names of those who Avent with Mr. Budd? A. I think that is the last list shown me, but I am not sure of it. Q. Do you know whether all those who went with Budd were en- gaged by Hertz to go with him ? A. They were engaged by Hertz to go to Halifax. The witness was here questioned by Judge Kane as to the larger book which he had identified as containing a list of the names of persons enlisted. Q. Was anything written in this book on the page preceding that containing the name ? A. No, sir ; it is a list of officers, with their rank. Q. It has been cut out ? A. Yes, sir, the list of officers is cut out. Q. It was the list of officers, with their rank? A. Yes, sir, they put their names down, and the rank they were to hold there was put down by Hertz. I mean military rank. Q. That was all on the page cut out ? A. Yes, sir; there are two leaves cutout; one was for the com- missioned officers, and one for the non-commissioned officers : I- recollect there is a list of officers written in the back of the book after they were cut out, and that was just a memorandum. Dr. Peter Joseph Beuss, sworn. Examined by Mr. Van Dyke. Q. You are a physician? A. Yes, sir. Q. Whatcountry do you belong to? A. Hesse ; I have been in this country this 26th of September is four years. Q. Will you state whether you came to Philadelphia in March or April last, and for what purpose ? A. I came to Philadelphia for the purpose of going to Halifax ; I IN THE UNITED STATES. 169 was to go to New York, and tlienoc to Montreal ; I came liere in- duced by a ])roclamation in the rhi)adel{)hia German Democrat ; I went tlirougli here to New York, and from New York to Ilaliliix. Q. Did you stop at Hertz's here ? A. No, sir. Q. Why not ? A. Mr. Remak objected. Q. Had Hertz been arrested at the time you arrived here ? A. I do not know that, because I did not stop in Philadelphia ; I went to New York and Montreal, and then to Boston, and from Boston to Halifax in the Africa. Q. Is that the steamer ? A. No, sir, the barque Africa. Q. When you got to Halifax, where did you go, and who did you see ? A. I went to the Provincial Building, and spoke with Mr. Wil- kins and Mr. Bruce McDonald. Mr. Ptemak. Be good enough to bring this home to Hertz. Q. By Mr. Van Dyke. Have you at any time had any conversa- tion with Hertz, before or after that? A. No, sir. Q. When you arrived in Halifax, state what you did? A. I went to the Provincial Building and met Wiikins, the first secretary of Nova Scotia, and the same day afterward I spoke with Sir Gas'pard le Marchant, the governor of Nova Scotia. I sent some days before a letter in the French language to Sir Gaspard le Marchant, and told him what I came to Halifax for — that I \yas in- duced by his proclamation. I had sent a man before to No. 68, South Third street, Philadelphia, to see what the business was, be- cause it was in the proclamation tliat physicians and surgeons would be engaged with good pay, and this man came back and told me that the whole business had been stopped by the United States attorney, and that he had spoken with one man on the subject, but he did not tell me his name, and he told him that the business was all right, to go to Halifax, and I would be engaged as physician for the regiment. I wrote the letter, but did not receive any answer, because the business was stopped. In Halifax, the governor told me that I could not be engaged unless I raised men. I refused that, because I told him I did not come for that business ; I came to be engaged as doctor, and not as recruiting officer. Mr. Wiikins called on rue some time afterwards, and told me that if I raised men in the United States, I should be engaged, butnot if I refused ; and then I was obliged to go, because the governor told me I coukl not be engaged without tins ; then I was employed as officer of recruiting, and went with Captain Strobel to the States, and was sent by him to Detroit, in ^lichigan. Q. Did you hear any conversation at any time between cert.iin gentlemen when Mr. Crampton was present? A. Yes, sir, in Halii^xx, on the loth of May, we met Mr. Cranip- ton. Q. Who told vou to meet him ? A. Strobel called on me on the 14th of May, and told me to come ltd BRITISH RECRUITMENT to the Provincial Building, Halifax, and meet Mr. Crampton and Sir Gaspard le Marchant ; and I went, and found there Lieutenant Pres- ton and Strobel, and some other officers. Q. What took place in that conversation ? A. That conversation was, that we should go to the United States and raise troops. Q. Who told you to do that ? A. Mr. Crampton and Sir Gaspard le Marchant, with Mr. Strobel. Q. They said that to Strobel ? A. Yes, sir, and that he would go to Canada and the States and arrange this, so that we could raise troops without danger. Q. What plan did they give you to raise these troops without danger ? A. That is what they spoke to Captain Strobel. I did not hear every word, but heard them tell him that we should go to the States and arrange the business, so that we could not be caught by the United States officers. Q. They told Captain Strobel that he should go to the States and arrange business so as not to be caught by the United States officers? A. Yes, sir. Q. Who told Strobel that ? A. Mr. Crampton ; he made the arrangements with Strobel, and spoke that to Sir Gaspard le Marchant. Q. What plan did Mr. Crami)ton say you were to adopt in the States to prevent being caught by the officers ? A. That we should do it very still ; not to work too openly ; and that we should engage runners and any other men who would bring men to the depots, and from these depots we were to send them to Canada West to the barracks. Q. What kind of runners did he speak of your engaging ? A. Boarding-house runners, emigration runners, commission-house runners, and every kind of runners, I believe. Q. Did he say anything in reference to what you were to say to these men ? A. That every man was to receive $30, and $5 was to be taken for payment of expenses ; that is what I learned from Strobel afterwards — that is, what was promised the men. Q. Was anything said about that in conversation with Mr. Crampton ? A. No, sir, not to me — it was spoken to Mr. Strobel. Q. He told Strobel they were to have $30 ? A. Yes, sir, and $8 a month pay — cash. The bounty was given for enlisting. Each runner should receive $5 a head for enlistments. Q. That was the pay of the runner ? A. Yes, sir, if the man was capable of being enlisted — not if the man was refused. Q. Were they to get any pay for men refused ? A. No, sir. Q. Then it was only for the men who arrived at the barracks and got enlisted that they were paid $4 a head ? A. Yes, sir. IN THE UNITED STATES. 171 Q. Did you receive any money at that time for this purpose? A. On the 14th of May I received from Captain Htrubel S220. Q. Where did he get it from ? A. Out of the Provincial Building. Mr. Bruce McDonald gare him the money in my presence. He is the clerk of Mr. Wilkius, or second secretary, I do not know which it is. Q, What were you to do witli that $220 ? A. To run to the United States for these men ; that was the pay for half a month for myself and one sergeant. Q. Did you see Mr. Crampton after that? A. We left the next day, the 19th of May, and we came to Windsor, in Nova Scotia, and when we got there we took the steamer to St. John's. Q. Where did you next meet Mr. Crampton ? A. I saw him in Windsor, and saw him on the ship to St. John's, and next day at Portland. At Windsor we took the Creole for St. John's, and I saw Mr. Crampton in the presence of Lieutenant Preston and another English officer — I do not know his name He came on board to us there at St. John's. He talked very often to Captain Strobel, and I went in the same ship with him to Portland. Q. Did you see him afterwards in Portland? A. No, sir ; I know he left the steamer at Portland. Q. Where for ? A. To go to Montreal. Q. Who went with him ? //. I believe Captain Strobel ; I took the cars for Boston, and from Boston to Niagara Falls. Q. For this purpose ? A. Yes, sir, at Niagara Falls I expected Strobel with orders how we should go on. Q. You did not see Crampton afterwards? A. No, sir. Q. Did you see any written instructions at Halifax? A, I saw the proclamation. Mr. Wilkins showed me the pro- clamation for enlisting. Q. (Proclamation with British arms on it shown the witness, same as on page 114, ante.) Is that the one ? A. Yes, sir, I saw that ; Mr. Wilkins gave me one of them ; he gave it to me in the Provincial Building to read it ; he was secretary of Nova Scotia. Q. What did he say it was for? A. It was for the foreign legion. Q. Did he say that this was the placard under which they were acting? 1. o* 4- A. He told me if I should be engaged I should go on to the States and raise troops, but that without this I could not be engaged- saving what Sir Gaspard said to me. I did not see Mr. Howe ; he was not in Halifax at that time ; I heard very often from him. Q. Have you at any time seen Mr. Hertz? A. Not in this business. Q. Did he ever say anything to you about this business? 172 BRITISH RECRUITMENT A. No, sir. When I came with Strohel, I heard from Halifax that we coukl not be engaged because we did not do anything in getting men. Q. What do you mean by that ? A. That we did not raise plenty of men, and squandered all the money, as they said, William Eckert, sworn. This witness did not speak English, and was interpreted by Mr. Oehlschlager. Examined by Mr. Van Dyke. Q. Can you write? A. No, sir ; I can read my name ; I knew Mr. Hertz ; I saw him at No. 68 South Third street. Q. What did you go there for ? A. I went to enlist ; I wanted to enlist in the British army. Q. Did you enlist ? A. I did not enlist ; I went down with a good friend of mine, whom I requested to bring me down ; he did not go down with me, but suggested to me another who went down with me ; my friend spoke for me, and said, "Here is a man who wishes to enter the British army." Q. Who did he say that to ? A. Mr. Bosschart and Mr. Budd. One of the gentlemen answered, " We do not busy ourselves with it ; we will merely send you to Halifax, and then if you wish to serve you can serve, and if you wish to work you can work:" that the men were enlisted in Halifax. My friend asked how much bounty money in hand was received, and Mr. Budd told him he would receive as bounty |30, and $8 a month. Well, tlien I asked whether there was nothing: paid in advance or im- mediately, for the few days I would have to remain here. They said they gave nothing ; then I went away. They asked me what my name was ; I did not write it ; Mr. Bosschart wrote it. Q. Where did he write it? A. On a sheet of paper. Q. Did you agree to go ? ^ A. Yes, sir. Q. Did you get a ticket for your passage ? A. Yes, sir, Q. Who gave it to you ? A. Mr. Hertz. Q. When was it he gave it to you — the day you sailed, or before? A. On Wednesday afternoon. Q. Did you engage to go with the intention of enlisting when you got there ? Mr. Remak objected to the question as a leading one. Judge Kane. The question is too directly indicative of its answer. Mr. Van Dyke. Wliat was it your intention to do when you got to Halifax ? A. I wanted to go to the Crimea. Q. In the " foreign legion?" Mr. Remak objected. IN THE UNITED STATES. 173 Question by Mr. Van Djke. In what capacity did you want to go to the Crimea ? A. Asa soldier. Q. When Mr. Hertz gave you the ticket to go to New York, did lie understand that it was your intention to enlist when you arrived at Halifax ? Mr. Reraak objected. Q. Did Mr. Hertz, at the time he gave you a ticket to go to New York, know that it was your intention to go to Halifax? Mr. Eemak objected. The objection was overruled. A. Mr. Hertz was not there the first day. Q. I refer to the time he gave you the ticket; at the time Mr. Hertz gave you the ticket to go to New York, did he know it was your in- tention to enlist when you arrived at Halifax ? A. Mr. Hertz was not there when my friend brought me to the office. Q. You have said that Mr. Hertz gave you a ticket to go to New York?^ A. Yes, sir. Q. At the time Mr, Hertz gave you this ticket to go to New York, did he know it was your intention to enlist? A. I do not know whether the other gentleman told me the reason why he wished me to go to New York. Q. Had you told Mr. Budd your intention? Mr. Remak objected. The objection was overruled. A. He heard it. Q. On Monday? A. Yes, sir. The counsel for the defence, (Mr. Remak,) in the course of the exam- ination of this witness, frequently interrujited, and attempted to cor- rect the interpreter in his interpretation of the language of the wit- ness. On the conclusion of the examination, he called Mr. Oehlsc'ilager to the stand, for the purpose of questioning him as to his interpreta- tion of the witness, but on after-consideration waived tiie examination. Augustus Tilus, sworn. Examined by Mr. Van Dyke. Q. Do you kbow Mr. Hertz? A. Yes, sir. Q. Which is the person ? Witness (pointing to Hertz.) That is the gentleman sitting there. Q. State wliat you know of this matter ? A. Well, I was here in the city without work, and I had no board- ing house to go to, as my landlady had told me to leave ; so I road ol tliis place in the Ledger, and went down and saw Mr. Budd there, anudd and that young man there, Mr. Bosschart. He told me to come next day, when Mr. Hertz would be home, and then I could know all about it. I went there next day, and he said yes, he sent men to Halilax, to work. Q. What kind of work? A. Any work that you pleased; and if I did not like it there, I could get a free ticket back here again ; and that if I wanted to go in the army, I woidd get $30 bounty and $8 a month. He told me to come in again about 2 o'clock, and he would tell me all about it. I went in about 2 o'clock, and he said that Budd was going off next day at 10 o'clock, and he gave me a ticket. Q. What colored ticket was it — red, yellow, blue, or green? A. I do not recollect ; one of the green, I guess. (Ticket shown.) That is like it; Pine Street wharf was on the back of it. Q. You went to Pine Street wharf? A. Yes, sir, and I went on the boat. Q. Whom did you meet there? A. I met Mr. Budd; he was there, and he took command of us. Q. Did you ever see Hertz down there? A. No, sir. Q. You were arrested that day, were you not? A. Yes, sir. John Jenkins, sworn. Examined by Mr. Van Dyke. Q. You are deputy marshal? A. Yes, sir. Q. Will you state whether you had a warrant, in the latter end ot March, for the arrest of certain parties, and whom? A. The marshal had a warrant for the arrest of Hertz and others, and I accompanied him. 184 BRITISH RECRUITMENT Q. State wliat yon did then? A. The marshal directed me to go on hoard the steamer Sanford, and arrest the party that were there. I arrested Mr. Budd, together with some twelve or fifteen men, whose names I do not remember. The marshal himself afterwards went to the office of Mr, Hertz, and there arrested Mr. Hertz, Mr. Bosschart, and two others — four in all, I think. Q. Mr. Hertz was among them? A. Yes, sir. Q. You arrested these men? A. Yes, sir. Q. ("N. S. K. C." tickets shown.) Do you know these tickts? A. Each of the men had tickets similar to those upon their person. I took them from them. Q. (N. Y. steamer ticket shown.) Do you recollect that? A. I do not recollect that. Q. (Book of Dr., containing cash-account, shown.) Do you re- member that book ? A. No, sir, I do not. Q. (Book containing list of names shown.) Do you remember that book? A. Yes, sir, I remember that book. I found it in the secretary, which Mr. Hertz called his private secretary, in the enlisting office. He gave me the key, and I opened it. Q. (Receipt shown.) Did you find that there? A. Yes, sir. The receii)t was read in evidence, as follows : " Philadelphia, March 25, 1855. '' Received of Mr. Hertz |84 for passengers to Halifax. ''A. WINSOR." Q. Did you find this receipt of the Ledger for advertising one and two-thirds squares half a month, $9 50, dated March 16, 1855, at the office, No. 63 South Third street ? A. Yes, sir, it was in the secretary ; I recollect it. Q. Did you find the receipt of the Pennsylvanian there ? A. Yes, sir ; (this receipt will be found on page 144 ante.) Question by Mr. Remak. Is Mr. Hertz's name in that receipt? Mr. Van Dyke. No, sir, it is not, Q. (" N. S.^ R. C." ticket shown.) Did you find any number of these tickets there ? A. Yes, sir, they were similar to these. Q. AVhat did you do with them? A. I gave them to you. Q. Do you recollect whether you arrested Michael Gilroy as part of that company ? A. Yes, sir. Q. On the boat? A. Yes, sir. Q. Hugh Casey? A, Yes, sir. IN THE UNITED STATES. 185 Q. James Johnson ? A. I do not remember the name. Q. Charles Weaver ? A. I do not remember the name. Q. Peter Muhn? A. I do not remember that. Q. Philip Label? A. No, sir. Q. Augustus Titus ? A. I remember that. Q. Bremen Kernsten? A. I do not remember that. Q. William Finley ? A. No, sir. Q. You remember Titus, you say? A. Yes, sir, I believe they all were the parties on the boat, but I do not remember the names at this time, nor did I hear the names at that time ; I remember Gilroy, Titus, and Casey. Q. (Paper shown.) Do you remember that paper ? A. Yes, sir, I got that in his office ; it was on the file. The paper was read in evidence, as follows : "Philadelphia, 2%th of 3c? month, 1856. "This is to certify, that Mr. Julinas Lyncksis in sound health and fit for any service. ''B'EIL, Doctor." Q. (Papers shown witness.) Do you remember those ? A. Yes, sir, these were in the secretary. Mr. Van Dyke. The one is the paper which ^Mr. Budd stated con- tained the names of the persons he took, and the other appears to be a copv of the recruiting book. Examined by Mr. Eemak. Did Mr. Hertz, on the day of his arrest, give you the key of his office and the key of his desk of his own ac- cord, freely ? A. I demanded them. Q. Did he give them without any hesitation ? A. I demanded them through you, and after oonsultation with him you directed Hertz to give them to me. Q. Did he give them of his own accord, or did I ask him? A. I think that it was after you directed him to do it. I do not think I had any conversation with Mr. Hertz about tlie keys— it was with you. . Q. I think, in your examination before the commissioner, you said that at the time Hertz gave you the keys, and I had no objections. Q. By Mr. Guillou. You mentioned that you arrested a number of persons on the boat, and you also said that you arrested at the oflice Hertz, and some others whom you did not mention. You did not ar- rest Mr. Perkins there ? , A. No, sir, the marshal arrested Perkins. He was not at Mr. Hertz's office, or upon the boat. I do not know where he was when he was arrested. 186 BRITISH RECRUITMENT Edward G. Wehb, affirmed. Examined Ly Mr. Van Dyke. Q. Are you acquainted with Mr. Perkins? A. I am. Q. Have you ever had any conversation with him, previous to the 28th of March, in rehxtion to recruiting for tlie British service? A. Yes, sir; I cannot speak as to the date, hut during the time the enlistment was going on in Third street, opposite Dock, I met Mr. Perkins in Dock street, I think at the corner of Third and Dock, and we walked down as far as Walnut and Dock streets, and there stopped; a conversation arose hetween us as to the enlistment going on, or said to he going on, in one of those buildings on Third street; he stated he was hiring men at $1 25 a day, and sending them to Can- ada or Nova Scotia, or some other place in the British provinces ; I asked him for what purpose — whether they were to go in the foreign legion to serve in the Crimea ; he said he employed them nominally for the purpose — I do not know whether I use his language, hut I give the idea — of working upon a railroad ; I remarked to him tiiat I thought they would find their way into the barracks, and he said he had no doubt of that, or he supposed so, or something of that sort. Q. Did he state to you at any time whether he was doing this at the suggestion or by the advice of any higher authorities than himself? A. He did ; he told me he had not been long from Washington, and that he had had an interview with Crampton, the British minis- ter, while there, in relation to this subject, and that he had been called to Washington in consequence of some disclosures made in Philadel- phia, or other places, about the matter ; I understood him to say that he or Crampton waited upon Mr. Marcy, or that Crampton told him that he had seen Mr. Marcy and had entered into an explanation about the course they had pursued in Philadelphia ; and that after he had explained, Mr. Marcy either clapped him upon the shoulder — Perkins or Crampton, I do not now distinctly recollect which — and said "You are a cunning dog, you have not violated any law of this country." Q. Did he tell you what he was doing ? A. He said he had employed a large number of men ; he mentioned the number, but it has escaped my memory ; that he employed them at $1 25 a day, to go into tbe British provinces, nominally to work upon the railroad, but really to go into the army. Mr. Guillou. Did he say that ? A. That is not his precise language, but that is the idea ; it is im- possible for me to recollect his language, Q. Grive the substance of it ? A. As near as I recollect, he said he had employed a large number of men, and had despatched, I think he said, 500 already, nominally to work upon the railroad in one of the provinces, but he expected that they would find their way to the barracks. I asked him whether he did not employ them for that purpose. Well^ (he said,) he did not care a damn where they went after they got there ; that his pur- pose was to get them there, and then they might take care of them- selves. Q. Did he say that the British authorities would take care of them after they got there ? IN THE UNITED STATES. 187 A. T cannot say, with accuracy, wliether he did or not. He talked very fast ; he was in a talking mood, and said a good deal ; I saw from his flushed face that he was in a talkative way. Q. Did he at any time try to get you to write editorials in your paper on tins British question ? A. He did. He was in the liahit of coming into the Pennsylvanian office nightly an 1 daily, long heforo I knew who he was. After ho had been coming there several weeks, he ventured into the editorial department, and conversed with the telegra])hic reporter, Mr. John- son ; he entered into conversation nightly with me ujion the suhject of the war in the Crimea, and contended that the democratic ]iarty ought to take ground in favor of the allies ; that, in lact, the United States, as a general thing, should do so, hecanse she was the daughter of Great Britain ; our people sjjoke the same language, and were edu- cated in the same literature, and so on ; he frequently grew warm upon the suhject, and I listened to him ; and repeatedly, while he was talking upon that suhject, I was writing an article against the allies, and comhattiug his argument as he Avas progressing. Q. Which is Mr. Perkins? A. I know him very well — I have seen him almost every day ; hut I do not see him now in the room. Mr. Guillou. There is no difficulty about that. Witness. He always said that he was an agent of the British gov- ernment, and that he was in correspondence with Lord Palmerston, and I think Lord Clarendon. He gave me to understand that he was a tory, and that the tory party 'n England was the only party that knew anything, [laughter ;] that they were always able to carry on the government properly ; and that the whig party was composed of dunces, [laughter,] who always got into difficulties, and were the bitter enemies of this country. He said that he was a correspondent to several newspapers, and mentioned ]iarticularly the Times ; and stated that he had, with every mail, sent a file of the Pennsylvanian to Europe, to the Times. He also spoke of Lord Brc)Ugham, and said that he was in correspondence with him. Q. Did he say the correspondence was on this subject? A. No, sir, I do not think he did. Q. Did he mention the subject? A. He was talking about this subject at the time he said this. He complained about the tone of the articles in the Pennsylvanian, and showed a good deal of feeling. He said that he had written to his employers in Europe, and had assured them that the democratic press in this country was all right, which I believe did not happen to be the case, [laughter ;] and that tliey would think it very strange that he should give them such information when they found the tenor of the articles against the allies so ultra, and so strongly in favor of Russia. Judge Kane. Did he classify Brougham among the whigs or the tories ? Witness. I do not remember whether he classified him or not ; he said he corresponded with him. Mr. Guillou. May it please your honor, he was like the man in the play ; "he received letters from Coustantinoi)le." [Laughter.] 188 BRITISH RECRTmUENT Q. Did lie speak of this as confidential? Witness. Yes, sir, lie did, and remarked on several occasions that what he told me was contained in some letters which he had just re- ceived, but could not show the letters to me. [Laughter.] Judge Kane. Was there any relation between you and him which would have suggested the propriety of his telling you this ? A. No, sir ; he is excessively talkative, but is a man of large inform- ation, obtained by travel, and is a man of education. He spoke of his being lieutenant in the British army in India, and was promoted to a captaincy by the brevet ; that he had been there, and was in Hm- doostan, and in that terrible fight in the mountains of Affghanistan where the British army was literally destroyed. He also spoke of his wounds, but never showed them. [Laughter.] He also spoke of his having been directed to superintend the embarkation of troops to some' part of Africa or Hindoostan. Question by Mr. Van Dyke. You are the editor of the Pennsylva- nian ? A. I am. Q. And that is what induced this conversation with you? A. Yes, sir. Q. You were at the time editor ? A. Yes, sir. Judge Kane. And your pjess was at the time unfriendly to his projects ? A. It has been during the year and a half that I have been editor, and was so, I think, before. I did not like tlie threatening remarks towards the United States of some of the gentlemen high in power in England and France, and I thought we had better take care of our- selves, and put our house in order ; and, therefore, I wanted the allies soundly drubbed. Question by Mr. Van Dyke. I believe you have stated, in substance, everything ? A. As far as I recollect. Q. Did heat an}^ time say he engaged or retained any person to go to Halifax with the intention of being enlisted after he got there ? A. Well, he spoke in general terms, and left the impression upon my mind that he had employed those men for that purpose, and had some understanding with them that, after they got there, they were to go into the barracks. He may have mentioned them by name, but I have no recollection of it ; he left the impression upon my mind that they were emjiloyed for that purpose. Q. Have you stated fully the conversation which he repeated to you as having had with Crampton upon that subject ? A. I cannot recollect it ; he talked a good deal upon that subject, and endeavored to impress me with the idea that he was a very great man, and knew the secrets of the British cabinet. Q. You were never at this recruiting office, No. G8 S. Third street ? A. I passed by it daily, and saw something was going on ; but did not know what. I saw several persons going in and out, and saw him repeatedly come out, which led me to suspect that he was a party in the matter. IN THE UNITED STATES. 189 Cross-examined by Mr. Gillou : Q. I do not think you understand a question of the jud<;e. He asked you whether the opinion expressed in the Pennsylvanian was adverse to the project of the defendant, and, as I understand you, you answered that it was adverse to the war in P]urope? A. It has been against tliis project of enlisting, and it lias bc-en very severe. It was the first that denounced it and exp<^>sed it. Q. State whether Perkins is not a man who talks a great deal ? A, Yes, sir, he talks incessantly. He is a man of large informa- tion, obtained by travel, and is a man of education, but not much judgment. Q. His temper rises pretty high sometimes? A. Very. Q. Mr. Conroy mentions an instance when he left your office — curs- ing all in the office ? A. He was frequently excited about the subject, and I wouhl then draw him out to the length of his tether. Q. And you were writing articles, firing away at the allies, and loading your guns with the ammunition he furnished you? Mr. Van Dyke. May it please the court — havings as I think, proved a c\ea,r prima facie case against one of the defendants, (Hertz,) and submitted all the testimony I have to offer against the other, (Per- kins) — I deem it unnecessary to extend the examination of the wit- nesses relative to Mr. Hertz ; I therefore close for the present the case of the government. [The court then took a recess for half an hour.] The district attorney having closed his case, the counsel for the de- fence said they had no testimony to offer. Mr. Guillou, for Mr. Perkins, asked the court to instruct the jury to return a verdict of not guilty as to Emanuel C. Perkins, there being no evidence to hold him. Mr. Van Dyke. Is it the intention to make a witness of the de- fendant ? Mr. Guillou. No. Mr. Van Dyke. This application is entirely within the discretion of the court, and I presume might be granted, if the ends of substan- tial justice were to be served by so doing ; but, as Mr. Perkins is not to be put upon the stand, nothing is gained to either of the defend- ants by separate verdicts. I am free to admit that, under the former ruling" of the court, I have not made out such a clear case against the defendant Perkins as I should have liked, but I prefer the going jointly to the jury as they now stand. The result, no doubt, will be the same to Mr. Guillou' s client. Mr. Guillou. Under the remarks of the district attorney, I with- draw my application. Mr. Van Dyke, in summing up for the United States, said : He did not deem it necessary further to examine the witnesses who could be produced ; that he was satisfied the testimony which had already been submitted was conclusive in favor of the government on all the ques- tions which had been submitted to the jury. He had but very few- suggestions to make ut the pres^ent time, and such he bhuuld address 190 BRITISH RECRUITMENT to the jury more tlirongli the medium of the court than directly to themselves, because it was his belief that under the charge whicli the court would give of the law bearing upon the case the jury would have no difficulty in finding the defendant Hertz guilty, in the man- ner and form as charged in each and every of the bills of indictment laid before them. The act of Congress, may it please the court, provides, (I recite it from memory, and the court wall correct me if I am wrong ;) First. That if any person shall, within the territory or jurisdiction of the United States^ enter himself in the service of any foreign prince, &c. This is one distinct and separate misdemeanor created by the act. Second. If any person shall hire or retain any other person to enlist or enter himself in the service of any foreign prince, &c. This is another, and the second distinct misdemeanor created by this act. Third. If any person shall hire or retain any other person to go be- yond the limits or jurisdiction of the United States with the intent to enlist or enter himself in the service of any foreign prince, state, colony, district, or people, as a soldier — not as a soldier on board any vessel or letter of marque, as has been contended, but as a soldier ac- cording to the general common acceptance of the term — or as a mari- ner on board any vessel or letter of marque, &c. Now, these three are distinct and separate offences. The first is that of a person enlisting or entering into the service of any foreign prince, state, colony, district, &c. In relation to this he said the de- fendant is not in any manner charged in the indictment, and, there- fore, it is unnecessary to embarrass the court and jury in taking into consideration any facts which relate to an intent on the part of the defendant to enter and enlist himself. Neither has the defendant, nor any other person, been charged with having absolutely enlisted within the territory or jurisdiction of the United States ; nor is the defendant, or any one else, charged with having gone beyond the limits or jurisdiction of tlie United States with the intent to enlist. What, then, is the charge? What the only issue upon which I ask this court to charge the jury, that the government has made a clear case? It is: first, that the defendant hired and retained some persons to enlist within the limits or jurisdiction of the United States. This crime is charged in two ways in the first two counts in the in- dictment ; and, secondly, that the defendant has within the jurisdic- tion of the United States hired and retained certain persons to go be- yond the limits and jurisdiction of the United States with the intent to enlist when they arrived beyond such limits and jurisdiction. This crime is charged in various forms in the four remaining counts of the indictment. It is no offence under the statute, in Muhn or Budd, or any one else, to be hired ; so that those recruits who have voluntarily come upon the stand and confessed their participation in this lawless trans- action have confessed no crime. If A hires B to go beyond the limits of the United States with the intent mentioned in the act, B having agreed with A within the limits of the United States to depart •with the intent to enlist, the crime or offence is not committed by B, because he merely engaged with A to go, but the offence is committed IN THE UNITED STATES. 191 alone by A, who hired him : for, so far as the gc)in<2; hpyond the limits of the United States with tlie intent to enlist is mentioned in tlie aet, the offence consists in liiring or engaging the person to go, and not in being hired oi; engaged to go. And the conrt is asked so to charge the jury. Then, as to the intent, wliat is meant thereby? and who must have such intent? On tliis point the court is asked to charge the jury, that the intent mentioned in the act is the motive in the mind of the person hired, and has no reference to the (h.'sign of the person hiring, except that the ])erson liiring believed, or had reason to suppose, the person hired really intended to enlist when he should arrive beyond the limits of the United States, and tliat he hired him for such purpose. That if the jury, from all the testinnmy, are satis- fied that Hertz, at the time he engaged Mnhn, Budtl, Weaver, or any other person mentioned in any of these bills of indictment, to go be- yond the limits of the United States, and furnished him the facilities to depart, had the intention to enlist in the British military s(M-vice, then that ])oiut of the act which speaks of the intent is sufficiently established. Believing that the learned court will givethe jury in charge the law as he has stated it, Mr. V. called the attention of the jury to the prin- cipal features of the evidence in the case. He contended that he had established every i)oint made in his opening remarks. Fi7'sf. He had shown by incontrovertible testimony, that the neces- sities of the British government, resulting from the disastrous condi- tion of their army in the Crimea, and the unpopularity of_ the cause of the allies at home, compelled them to hazard the enlistment of soldiers within the limits of foreign neutral nations. Second. That in the accomplishment of this design, the English au- thorities at home, and their representatives on this continent, had, in gross violation of the laws of the United States, concocted anl par- tially matured a plan for procuring, within our territorial limits, sufficient men to supply the forlorn hopes of an unpopular war, and regain the lost prestige of a waning administration. In support of these points, Mr. V. adverted to, and ciunni-uted upon, the testimony of Captain MaxF. 0. Strobel, Colonel Bnr.-tlial, Colonel Rumberg, i3r. Reuss, Mr. Bucknell, and .Mr. Budd. Tli ■ t! uth of their representations had not been questioned, and the jiir\ are bound, under their oaths, to regard their evidence as conclusiw. Third. That Henry Hertz, the defendant, was an ag.-nt -i the English government in the accomplishment of this general pi.:ii and design. That he had been employed for that ])urpose hy Mr. ( ! .t^np- ton, her Britannic Majesty's envoy extraordinary— the highest Irtish functionary known in this country— as also l)y Sir Joseph Ib'\v>\ the general agent, specially sent to America for this purpose; and ii} Sir Gaspard le Marchant, the governor of a neighboring British ].rovince. Fontih. That in pursuance of such employment, this phiii was regularly carried out by the defendant. That he did, in the ( i!y of Philadelphia, engage at least two hundred men to go beyond the I mHts of the United States, with the intent to become a part and paiv. 1 of the British foreign legion. That in order the more effeetuallv '..ac- complish this design, he opened, under the auspices of his hnghsh 192 BRITISH RECRUITMENT employers, a recruiting office, and advertized in the public papers, and posted through the streets placards bearing the Queen's arms, inviting men to his office. That the persons calling, in answer to such proclamations, were sent by the defendant to Halifax, who, when there^ were attested, and mustered into the military service of the British government. Fifth. That Mr. Hertz, at the time he was thus engaged in hiring and sending men beyond the limits of the United States, well knew that it was the intention of the persons thus hired and sent, to enlist in the service of her Majesty the Queen of Great Britain. Mr. V. argued that the affirmative of each of these propositions was fully sustained by the testimony produced by the government, and called the attention of the jury to that portion of the evidence which severally related to them. He said the character of the witnesses was unimpeached, and that their testimony had been abundantly corrobo- rated by the written evidence which he had been enabled to produce ; that there could be no difficulty in finding a verdict of guilty as to the defendant Hertz. That if the jury believed both defendants guilty, they should so find. If, on the contrary, they did not think a case had been made out against Perkins, they sliould acquit him and find a verdict of guilty against Hertz ; they could separate their verdict. As to Mr. Perkins, Mr. V. said that he did not intend to press for a conviction where the evidence does not in the clearest manner justify him in so doing ; that however much he might himself be convinced of a defendant's guilt, it was his duty to prove him so, and that be- yond reasonable doubt. From the intimation of the learned court when this case was before it on writ of habeas corpus, he presumed his honor would require the government, under the present form of indict- ment for a statutory offence, to prove an actual hiring or retaining of some one of the individuals mentioned in the bills. Should such be held to be the law under this statute, he was compelled in candor to say to the jury that he had himself, under the testimony, a doubt as to Perkins having been proved guilty. He regretted such was the case; but having brought all the evidence he could to bear against him, he left him in the hands of the jury , without any expression of his pri- vate opinion as to that defendant's guilt. Mr. V. closed his remarks by a severe commentary upon the base- ness and perfidy of the persons engaged as the chief actors in this flagrant attempt to violate and evade the laws and treaty obligations of the United States, and expressed the hope that the result of this case would vindicate the action of the government in their determina- tion to maintain our national integrity with every nation of the globe, whether it is or is not in accordance with sinister purposes of Great Britain. By forcing this indictment thus against this defendant, the President of the United States has struck as near the throne of her Majesty as he is enabled to do in the shape of a criminal prosecution. The extended privileges and peculiar protection given to a foreign minister prevents, so far as he is concerned, the application of the criminal code of the country, although such foreign minister may be proved guilty of acts which, if committed by a private individual, would make him a felon. IN THE UNITED STATES. 103 Were it not so, I think I am justified in saying; I would this day, by the direction of the President, be trying Mr. Crampton, .Sir Joseph Howe, and Sir G-aspard le Marchant, instead of tlieir liumble instru- ment, whose conviction is now asked at your hands. The jury, liow- ever, will leave these gentlemen to the only power legally authorized to take care of our public safety, by demanding reparation from their government; and you, gentlemen, may rest assured that in due time they will be called upon by our able and faithful officers at Washing- ton to make proper atonement for the gross insult which they have offered to our laws and our people. If, on the contrary, after I have in this trial, instituted liy tlie di- rection and with the cordial approbation of the national administra- tion, proved the defendant so clearly guilty as the instrument and agent of Mr. Crampton and his confederates, you should, on account of any sympathy which may be thrown into the jury-box, acquit him, your verdict will be the strongest argument which will hereafter be used to protect her Majesty's agents in their impudent intermeddling with the affairs of this continent. Confident, however, that you are men devoted to the institutions and political policy of your own country, and, as such, are ever ready fearlessly to defend them, I leave in your hands the honor of the government, and the rights of all those who seek shelter beneath its broad protecting ajgis. Weaken not that power of protection by your verdict — stain not that honor by one moment's hesitation in your approval of the determination on the part of the government to preserve every feature of our constitutional vigor, as well from the jealous designs of foreign powers, as from the fanatical treason of domestic foes. Mr. Van Dyke having concluded, he was followed by Mr. Stephen S. Remak, who made a powerful appeal to the jury in behalf of the defendant Hertz. He spoke for two hours and a half, giving a full history of the case, reviewing the testimony which had been submitted, and dwelling with great power and eloquence u})on the law bearing on the subject. It would have afforded us great })lcasure to be able to present his speech in full, as taken by our reporter, but want of space Ibrbids. Mr. Cuyler. May it please the court, gentlemen of the jury : You are weary, gentlemen, and long to be released. I shall detain you but a few minutes by the remarks it is my duty to make to you in this case. The facts of the case have been elaborately analysed and discussed by my colleague^ and I deem it unnecessary to ])ursue the path in which he has preceded me — in reviewing and digesting the testiinony you have listened to so patiently in this case. The duty which has fallen to my share, may it please your honor, is chiefly that of invi- ting your attention to the view entertained by the defence of the true construction of the act of Congress under which this indictment is framed — trusting, if you shall agree with us in that constructii)n, that the jurv will not find in the evidence in this case that a violation of the wholesome provisions of this act of Congress has taken place. You cannot have failed to notice, gentlemen of the jury, in the pro- gress of this case, that the names of those high in authority and offi- Ex. Doc. 35 13 194 BRITISH RECRUITMENT cial rank have appeared, and often appeared, to be mingled in tlie transactions from wliicli these indictments have sprung. Mr, Barclay, tlie consul at New York, Mr. Mathew, the consul at Philadelphia, Mr. Crampton, the British minister at Washington, have all of them appeared as prominent and earnest actors in the scenes which have been detailed in the evidence before you. Among the humblest of all who have been named, is this poor and unfortunate man — a stranger in a strange land, forlorn, friendless, and deserted, for whose convic- tion the zeal and learning of the district attorney, and the power of the government, have been so earnestly and sternly pressed upon you. And here, pausing for an instant, let me pay my tribute of respect to the learned district attorney, for the candor and liberality with which he has conducted the case, and for the more than usual fullness, per- fection, and ability with which he has prepared and managed this prosecution. The power of the government, so ably exerted and di- rected by him in this prosecution, is in strange contrast with the pre- paration this poor and friendless man has been able to make for his defence. I cannot suppose, gentlemen of the jury — I will not suppose — you will not, I trust, suppose for an instant, that these high functionaries of a foreign but friendly state, dwelling within our borders, have consciously either evaded or violated the provisions of any of the laws of the land. You will not believe that these gentlemen of standing, character, and intelligence have deliberately planned an infraction of the laws of the country, and then left this humble instrument of their designs unfriended to bear the severe penalty of a law broken under their advice and in the execution of their requests. You will the rather, gentlemen, believe with me, that, conscious of their own integrity, and with the law in full view before them, and with experience and capacity to construe the law aright, they so or- dered their own course, and so directed their subordinate agencies, that no violation of the law should anywhere take place. This, gen- tlemen, I trust, you are now about to find. In a word, I shall submit to you that no offence is proven within the construction of the act which I shall ask the learned judge to give you. May it please your honor, the offence with which this man is charged is unknown to the common law. The right of any man to expatriate himself cannot under our law be questioned, except so far as the stat- ute may have forbidden it to be done under certain particular circum- stances, or with a certain intent which the statute forbids and pun- ishes. Such a statute is the subject of strict construction. If the facts are not within its fair spirit and construction, the offence is not made out, and it is your duty to acquit. Now what is the offence created by the statute, in derogation of that which otherwise would not be unlawful or in any way punishable? The second section of the act of Congress of April 20, 1818, under which the indictment is pressed, provides that if any person shall, within the territory or ju- risdiction of the United States, enlist, or enter himself, or hire or re- tain another person to enlist, or enter himself, or to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered in the service of any foreign prince, state, colony, district, IN THE UNITED STATES. 195 or people, as a soldier, &c., ''every person so offending shall be deemed guilty of a high misdemeanor," &c. The oiFence does not consist of course in a person hiring or enlist- ing, and there is nothing of that kind in the case ; but it consists either iu hiring or retaining other persons to enlist, or hiring or re- taining other persons to go beyond the limits of the United States with intent to enlist. The offence, then, is "the hiring or retaining." NoAv that means something more than mere })ersuasion. It does not mean that the mere exercise of an influence whicli operates upon the reason of a person and induces him to go, creates the offence. It must be a "hiring or retaining," or, in other words, it must be the creation of a legal obligation, or of that which, irrespective of the provisions of this act of Congress, would amount to a contract or legal obligation, and be capable of enforcement as other legal contracts are. I submit, then, to your honor, this, as the true construction of this act, and I ask you so to instruct the jury. Now, gentlemen, upon the whole testimony in the case ; has the evidence raised in your minds a conviction, free from all doubt, that there existed between Mr. Hertz and any of the several parties named in these indictments, a valid, legal, binding contract "of hiring or retaining" them to enlist, or to go beyond the limits of the United States wath intent to enlist ? If it has not, it is your duty to acquit. Can you upon your oaths, on this testimony, say to me there has been such a conviction established in your minds? Turn with me for a moment to the testimony. I shall not weary you with its details ; but tell me, witness after witness was examined before you, and did they not almost Avith a unanimous voice tell you that they were not enlisted in the service of any foreign prince or state, nor placed under any obligation to enlist, but sinijjly were to be transported to Halifax, and they were in the exercise of a perfectly free and independent judgment, either to enlist in the service of the Queen, or to decline to do so, as they might in their mere discretion see fit to do ? It is true there have been several Avitnesses upon the stand whose testimony might receive a different construction; but re- member, gentlemen, the disadvantages imder which these witnesses labored. They were foreigners — Germans — who spoke our language imperfectly, incapable of expressing as you or I would do those nicer shades of meaning which are needful to convey a true and precise impression of the facts. You will not say to me that such testimony, and so little of it, will bear down in your minds the full strong cur- rent of other testimony ; some of it Avritten, and precisely embodying the exact plan and intention; much of it oral, but clear and exact, and perfectly consistent with that which was written, and all show- ing, beyond question, that no man was "hired or retained" in this country for any purpose whatever, but that they were simply per- suaded to go to"' Halifax, and, Avhen there, were in the perfectly free exercise of their judgments, in their mere discretion, to determme either to enlist or to refuse to enlist, as they might then choose. I can feel no doubt, gentlemen of the jury, that you will find this to be the weight of the testimony. If you do, I ask you to acquit If you do, you will find that there did not exist between Hertz and 196 BRITISH RECRUITMENT these parties a contract siicli as, irrespective of this act of Congress, would be valid, legal, and capable of being enforced; and so finding, as there was no " hiring or retaining" within the meaning of the act, you will acquit. Gentlemen of the jury : I represent a very humble man — a poor, desolate stranger. If the law has been violated — which, in view of the construction I have just given you, it plainly has not — there are others upon whom, with more justice, its penalties should be visited. Let us shield this man, whose highest offence, if offence he has committed, is ignorance of the law ; and let those wiser men of higher rank bear the penalty. This question should be settled elsewhere, not here. If • our laws have been outraged^ the government of Great Britain has ■ done it. Let that matter be settled at Washington^ and not in an account between the government and this obscure and humble man. But, gentlemen, I will not detain you any longer. You will not, I am sure, find in the facts of the case that the law has been broken anywhere, or by any man. You will not find that mere persuasion is the creation of a legal contract, or that a man who is left free to the unpledged exercise of his own mere discretion has been " hired or retained," within the meaning of this act. And so thinking and so finding, you will rejoice to restore this unfortunate man to his friends and his home, and to the wife and the children who Vv^ait for and long to welcome him there. 3Ir. Gillou said: May it please the court, gentlemen of the jury: If you will bear with me at this late hour of the day for five minutes, I will close my duties within that time. It is the boast of us rdl that we live in a land of laws. It is our safety that the law is adminis- tered by two tribunals — the one explaining the law, and the other applying it to the facts in evidence. The indictments upon which you are to pass — some twelve or thirteen in all — charge the defendant Perkins, together with Hertz, with having enlisted specified indi- viduals, A, B, C. The crime with which he stands indicted, is the enlistment of persons to serve in a foreign country. I have turned my attentian carefully to the testimony in this case, because, when counsel makes an assertion to a jury on a point of fact, it is his duty to ascertain that he is right in his statement ; and I say, after exam- ining this testimony, that there is not any portion of it which fihows any connexion of Perkins with Gilroy, Budd, Casey, or any other person whose name is in any one of these bills as a party sent away or enlisted. If I am right in this statement of the testimony, there is an end of this indictment ; for the law requires that the party charged be shown by the evidence to have acted in relation to the particular crime which is averred in the particular bill, and in rela- tion to the particular party, the subject of the crime. You will, therefore, when you take up a bill, remember this, and ask your- selves whether Perkins had anything to do with the hiring or enlist- ing of the man whose name is mentioned in it. If there is no evidence to show that he had, you will return a verdict of not guilty as to Perkins ; and as you take up each bill, so examine and declare upon it. As to the other defendant, I have not a word to say ; my friends IN THE UNITED STATES. 197 on the other side have fully gone into the case, and given you tlie law and the facts hearing upon it. There is this principle which rests at the hasis of luw, tliut tlie crime must be proved to have been perpetrated. Therefore, so llir as the defendant Perkins is concerned, consider him not connected in this case with the other defendant, but on trial alone; and then ask yourselves the question, Did Mr. Perkins do anything at all to enlist or get off Gilroy, or any other person? You will find that the bur- den of the testimony bears directly against such a conclusion, and shows that he had nothing to do witii it. 1 think, therefore, tliat you will be able to arrive at your verdict readily, and without diiH- culty. It would be a task of the most painful character if his honor, after hearing the evidence in this case, were to proceed to })ass sen- tence on this defendant, however indiscreet in speech he may have been, as you can but entertain a great doubt of his guilt. The law says, that if you have a reasonable doubt of the guilt of the })erson charged — such a doubt as would arise in any reasonable mind — such doubt is the safeguard of the defendant, and entitles him t(j an ac- quittal. I hope you will have no difficulty in this case, but that at least you entertain a doubt which favors the defendant, and will re- lieve his honor from passing sentence. I ask you to find a verdict of not guilty as to the defendant Perkins. Mr. Van Dyke, in reply, said he would follow, with pleasure, the example of his learned friends on the opposite side, and briefly bring this protracted trial to a close. He desired to confine himself strictly to a reply to the positions taken by the counsel for the de- fendants. The act of the 20th of April is one of easy and simple construction. The learned gentleman (Mr. Remak) who first addressed the court in behalf of the defendants, is wrong in supposing that there have been no judicial decisions which shed light upon the act of Congress. In 1832, John D. Quincy was indicted, under the third section of this act, for fitting out and arming a vessel, with the intent that such ves- sel shall be employed in the service of a foreign prince. The case went up to the Supreme Court of the United States, and is to be found in 6 Peters's Reports. It will be observed, upon examination of that case, the law in refu'once to our neutrality is somewhat ditTerent from the general criminal law of the country. The argument there made by Mr. AVilliams for the United States was, that these acts of Congress should be construed according to the meaning and intention of Congress, and, in support of this argument, he cited that part of Judge Marshall's opinion on the i)enal laws of the United States, as reported in the case of the United States vs. Wiltbcrger, 5 Wheaton, 95, " that, although penal laws are to be construed strictly, they are not to be so construed as to defeat the obvious intention of the legis- lature." This argument was answered in an able manner by Mr. Wirt; but. Justice Thompson delivering the opinion of the court, said, 'it was sufficient to establish, by this testimony, the committal of the crime, according to the plain meaning of the words used in defining the offence." The whole policy of our neutrality laws requires a liberal construe 198 BRITISH RECRUITMENT tion of the statute, if, indeed, it is to he eifective in preserving our neutrality between foreign belligerents. It is also contended by another counsel of Mr. Hertz, (Mr. Cayler,) that there must have been an absolute contract and consideration paid. This position is not the law, as I understand it. The retain- ing, whether by coaxing or otherwise, was sufficient. The engaging, which is the meaning of the word retaining, whether by means of present pay or the promise of future compensation, is sufficient. But here there was an absolute contract. This is a question of fact for the jury ; and if they so find, any difficulty on the question raised by the eloquent counsel is avoided. The conditions of the contract were verbal, audits execution was consummated by the signa- tures of the parties to the roll-book, each one signing that book, clearly understanding what he was to do, and what he would receive for it. That contract stands, for all legal purposes, in the same posi- tion as though it had been entirely in writing; and were it not from its very nature and general character void ab initio, could be en- forced in any court of common law, and the bounty or pay mentioned for the services could be recovered from any private contracting par- ties. Debts and damages are daily recovered upon agreements much more carelessly made. The terms of the contract were, on the one side, that Peter Muhn and William Budd, and a score of others en- gaged, should go to Plalifax for the purpose of enlisting; and, on the other hand, certain remuneration was to be paid them by the de- fendant's principal, for the performance of their part of the agree- ment. The pay was to be received, it is true, after they arrived at Halifax ; part of that pay was the privilege of being received into the Queen's service. They were, also, to receive a free ticket and passage to their destination. This contract was considered so binding, that one of the witnesses tells us that force would be used at the barracks to compel the enlistment when there^ and even the poor privilege of repentance was not allowed to the indiscreet and hasty. They were, also, to receive a monthly pay. Now, if this is not an absolute hiring of a party to enlist, then nothing is, and the act of Congress is a dead letter, and should be repealed. Mr. Cuyler. What was it a contract to do? Mr. Van Dyke. A contract, sir, to go beyond the limits of the United States with the intent to enlist in the British service. And, if any doubt existed on the question of intent, such doubt is removed by the indisputable fact that the men actually did enlist, and are, in all probability, at this moment in the Crimea. It is admitted that the parties who make this contract must be in- dicted in the district where the contract is made — in the place where the parties are engaged. In a case which has recently been tried be- fore the United States district court for the Massachusetts district, the case of United States vs. Lewis Kazinski, reported in 8 Monthly Law Eeporter, p. 254, the prosecution failed, substantially, because the hiring took place in New York, and the trial was had in Boston: the court ruling that the expression of intent made in New York could not be given in evidence, and confined the prosecution to ex- IN THE UNITED STATES. 199 pressions of intent made in the district where the crime was charjj^ed to have been committed ; and the recruits on hoard the vessel upon which they were arrested having expressed a dili'ereut intent from that expressed at the time of hiring in New Vork, the cause lailed, among other reasons, for the want of the proof of the intent re- quired by the act. Exemj^li gratia: to make tlie case more intelli- gible, suppose the party which left Philadelphia on the 25th of ^Mavch, in the charge of Captain Strobel, had, after their arrival within the limits of the southern district of New York, exjjressed their intent to be to go to Halifax to work on the railroad ; and Mr. Strobel, who had, in fact, assisted to engage the men in Philadelphia, had been arrested, and, under the second section of the act of 1818, indicted in the southern district, where he ha])pened to be found in charge with the recruits, and the able prosecuting officer for that district should offer to prove the expressions used by the recruits in Philadelphia as to their intent when arriving in Halii'ax ; the court would hold him to the proof of expressions of intent made in the southern district of New York, where the offence of hiring and engaging is charged to have been committed ; and particularly so when the fact is brought to the knowledge of the court, that the evidence as to the intent ex- pressed in the two places differ most materially and substantially. Now, this was the case of the United States vs. Kazinski, and ibr this want of sufficient proof of the intent, in the district where the trial took place, the defendants were acquitted. But this case is important for other reasons. It settles two of the fundamental questions which must arise in every prosecution under the second section of this act of Congress. First. The meaning of the term hiring or retaining, wliich is to be construed in its every day acceptation, and is virtually nothing more than " engaging" — the word used by the learned judge. Secondly. That the hiring must be within the district where the crime is charged to have been committed ; and 1 have shown that such hiring, so far as it could be consummated anywhere, was actually done here. A single word in reply to the remark of Mr. Cuyler, as to the propriety of prosecuting this defendant, while persons of more im- portance are permitted to pass unpunished. I agree with my learned friend that it is rather unfair, in one sense, that Mr. Hertz, the mere humble instrument of a great nation, should suffer for the acts of his superiors. But Mr. Hertz was a free agent, and acted voluntarily in the whole affair. He sought for and obtained the i)Osition under Mr. Crampton and Mr. Howe, which enabled him to violate our law ; and he has no right to complain if he suffers the penalty of his own wilful misconduct; audit is the duty of the jury, if they believe him guilty, so to find him. You will also recollect, gentlemen, that the prosecu- tion of this defendant was the only means by which the Executive of the United States could be best informed of the impropriety ot the conduct of those representatives of the British government who have been accredited as fit and honorable men, claiming peculiar i)rivileges near our government. I have no doubt that this trial has turnished such information, and that such steps will be adopted as are sane- 200 BRITISH RECRUITMENT tioned by international law. But with that jou have nothing to do here. Your only duty is to impartially inquire into the conduct of Mr. Hertz and Mr. Perkins, and to render a fair verdict under the evidence. With that verdict, whatever it may he, I shall have no complaint to make. Mr. Van Dyke having concluded, Hon. John K. Kane charged the jury as follows: I intended, gentlemen of the jury^ when we separated, to avail my- self of the leisure afforded me to put my charge in writing ; but I have been prevented by controlling circumstances from doing so, and my remarks to you, therefore, will be less closely connected, perhaps, though I trust they will not be on that account less intelligible and clear. The case has involved^ in its progress, a train of facts of very con- siderable political interest — perhaps of more general interest in that aspect of it, than in its bearing on the questions which are to be decided by your verdict. There are very few among us, probably none, who have not felt aggrieved at the tone with which the press of foreign countries, and occasionally of foreign statesmen of the day, have commented upon what they have been pleased to call over-alacrity of the American people to engage in military controversies in which they properly had no rightful part. Our people and our government have been accused of forgetting the obligations of neutrality, and pushing ourselves forward into the conflicts of foreign nations, instead of minding our own business as neutrals, and leaving belligerents to fight out their own quarrels. For one, I confess that I felt surprised, as this case advanced, to learn that during the very time that these accusations were fulminated against the American people by the press of England there was, on the part of eminent British functionaries here, a series of arrangements in progress, carefully digested, and com- bining all sorts of people, under almost all sorts of influences, to evade the laws of the United States by which our country sought to enforce its neutrality; arrangements matured, upon a careful inspection of the difterent sections of our statutes, ingeniously to violate their spirit and principle Avithout incurring their penalty, and thus enlist and send away soldiers from our neutral shores to fight the battles of those who were incontinently and not over-courteously admonishing us to fulfil the duties of neutrality. I allude to these circumstances, and this train of thought, gentle- men, not because it is one that should influence your action as jurors, but because I feel it my duty to guard you against its influence. The question Avhich you have to decide is, not whether there has been an effort on the part of any foreign functionary to evade the provisions of our acts of Congress, but whether these two defendants have or have not violated the provisions of the act of Congress, which are cited in these bills of indictment ; your verdict will respond to the simple question, are these two men guilty of the crime with which they are charged ? In order that my remarks may not hereafter be embarrassed by the necessity of using the plural when the singular is more appropriate, I will say to you, at the outset, that there is no evidence against one of IN THE UNITED STATES. 201 these defendants. Before a jury can properly convict an individual of a crime, they must be satisfied, by clear evidence, that tlie crime has been committed by some one. We have np statute wliich affects to punish braggart garrulity; and, unless the particular oifencc of enlist- ing certain definite persons has been committed by Tcrkins, one (if the defendants, though he may have proclaimed upou the house-tops that he has recruited armies innumerable, no jury can i)roperly convict him of the oftence he professes to have engaged in. I pass to the consideration of the case of the defendant Hertz. He stands indicted, sometimes jointly with another, sometimes alone, with the offence of having hired and retained certain persons to go out of the United States for the purpose of enlisting and entering themselves as soldiers in the service of a foreign prince, state, or territory. The act of Congress is in these words— I read the words "material to the question, leaving out those which ai)ply to a different state of circumstances : "If any person shall, within the territory of the United States, hire or retain any person to go beyond the limits of the United States, with the intent to be enlisted in the service of a foreign i)rince, he shall be deemed guilty of a high misdemeanor." The question which you have to pass upon is. Did Henry Hertz hire or retain any of the persons named in these bills of indictment to go beyond the limits of the United States, with the intent to be enlisted or entered in the service of a foreign state ? Did he hire or retain a person? Whatever he did was witliin the territory of the United States. The hiring or retaining does not necessarily include the payment of money on the part of him who hires or retains another. He may hire or retain a person, with an agreement that he shall pay wages when the services shall have been performed. The hiring or retaining a servant is not generally by the payment of money in the first in- stance, but by the promise to pay money when the services shall have been performed; and so a person may be hired or retained to go beyond the limits of the United States, with a certain intent, though he is only to receive his pay after he has gone beyond the limits of the United States with that intent. Moreover, it is not necessary that the consideration of the hiring shall be money. To give to a person a railroad ticket that cost four dollars, and board and lodge him for a week, is as good a considera- tion for the contract of hiring, as to pay him the money with which he could buy the railroad ticket and pay for his board himself. If there be an engagement on the one side to do the particular thing, to go beyond the limits of the United States with the intent to enlist, and on the other side an engagement, that when the act shall have been done, a consideration shall be ])aid to the party ])erf<>rming the services or doing the work, the hiring and retaining are com])lete. The meaning of the law, then, is tliis: that if any person shall engage, hire, retain, or employ another person to go outside of the United States to do that which he could not do if he remained in the United States, viz: to take part in a foreign quarrel; if he hires another to go, knowing that it is his intent to enlist when he arrives 202 BRITISH RECRUITMENT out; if lie engages him to go because lie has such an intent, then the offence is complete within the section. Every resident of the United States has the right to go to Halifax, and there to enlist in any army that he pleases ; hut it is not lawful for a person to engage another here to go to Halifax for that purpose. It is the hiring of the person to go beyond the United States, that person having the intention to entist wiien he arrives out, and that intention known to the party hiring him, and that intention being a portion of the consideration, because of which he hires him, that defines the offence. I believe that after making this comment upon the law, I might pass on to the facts ; but it occurs to me to add, that you are not to require proof of the connexion of the defendant with each pai-ticular fact and circumstance which has been given in evidence to show the working out of the general plan. If you believe the witnesses, the object here was to effectuate an en- listment beyond the borders of the United States, and yet escape from the provisions of this section; to do effectively, and yet not seem to do. If you are satisfied — no matter what was the avowed object of the party, no matter what the pretext, if you are satisfied that Henry Hertz was here engaged in hiring and retaining men to go off to Nova Scotia, there to enlist, that being their intention, and he be- lieving that it was so, and therefore hiring them ; then, no matter what was the costume or mask which the transaction wore, he has committed the offence charged in the bill of indictment. As to the evidence, gentlemen, you have listened to it very care- fully, and it has been commented upon abundantly. I do not know that it is my duty to detain you by a single remark on it. It is all on one side. Whether it establishes the fact is for you to judge. The enlistment necessarily includes the action of different parties ; the con- cert between them is to be inferred from their acts. The intention of the party engaged or retained to enlist, is to be gathered from his conduct and'declaration here, from his conduct after he reaches the foreign country, and from the action of third persons with whom^he perfects the enlistment that he may have contracted for here. You are, therefore, while looking primarily at the conduct of Hertz, to look also at the actions of others tending to the same objects; and if you judge that they were actually in concert with him, then all their acts, done in pursuance of the common purpose and plan, are to be regarded as his. With these remarks I leave the case in your hands. At the conclusion of the judge's charge, the jury retired, and re- turned in about fifteen minutes. On taking their seats, the clerk of the court, in the usual form, put the question^: "Gentlemen of the jury, have you concluded upon your verdict ? " To which the fore- man re})lied, " We have." Clerk. How say you, guilty or not guilty ? Foreman. Guilty as to Henry Hertz, in manner and form as he stands indicted on all the bills of indictment ; as respects Emanuel C. Perkins, not guilty. The jury were then discharged. Sentence deferred for the present. And now, September 29th, 1855, Theodore Cuyler, esq., and IN THE UNITED STATES. 203 Stephen Remak, esq., for Mr. Hertz, move for a rule for a new trial, and, by leave of court, file the following reasons : UmTED States ) t ^1 T x • . j. r ^^ rr -. ■, n,. ^^ f in the district court of the United States, sur m- Hexry Hertz S dictment for unlawful enlisting, &c. 1. That the learned judge erred in admitting in evidence ])roof of the acts and declarations of other persons done and said in tla- ab- sence of defendant. 2. The learned judge erred in his construction of the language and meaning of the act of Congress of 1818, under which these indictments are framed. That he held, and so instructed the jury, tliat tlie words "hire or retain," employed in said act, would be satisfiee ground-work of an important stc]) on the part of the federal govern- ment in relation to those who have been instrumental in producing that system of interference with our affairs, Avhich has formed the basis of this prosecution. I am permitted to say tliat the triiil wliich has just resulted in the conviction of this defendant was authorized by the national Executive; and before making the motion which I in- tend to submit to your honor, I beg leave to read the instructions which I have received in relation to this trial. Being aware that the system of enlistments had been effectually broken up by the prompt execution of the warrants which I had caused 204 BRITISH RECRUITMENT to be issued for tlie arrest of various parties, and by the efficient aid "which Mr. Wynkoop, the marshal of this district, and his officers, had otherwise furnished me in ferreting out the system adopted for the evasion of our Laws, I had supposed there might not be any urgent necessity in pressing the prosecution of the defendants who have just been tried, and had written to ^he Attorney General of the United States, asking whether it was the desire of the administration further to press these prosecutions. To which I received the answers dated September 12, 1855, and also the letter dated September 17, 1855 ; both of which I shall take the libert}' of reading to the court. Mr. Van Dyke read the letters as follows: ''Attorney General's Office, September 12, 1855. *'Sir: In reply to your letter of the 10th instant, on the subject of the indictments pending against persons charged with recruiting for the military service of Great Britain, I have the honor to make the following observations : '''Mr. McKeon has been advised of the desirableness of conferring with you personally, either by himself or his assistant, in regard to new evidence to which he may have access, and which can be useful to you. "I suggest the expediency of trying only a part of the cases now, esjiecially if you fail to convict in some leading case. "But the most important consideration is this : "This government has, of course, addressed to that of Great Britain such demands of public redress and satisfaction in the premises as the national honor requires. But the government of Great Britain, with extraordinary inattention to the grave aspect of its acts — namely, the flagrant violation of our sovereign rights involved in them — has sup- posed it a sufficient justification of what it has done, to rejdy that it gave instructions to its agents so to proceed as not to infringe our municipal laws ; and it quotes the remarks of Judge Kane in support 'of the idea that it has succeeded in this purjiose. It may be so. Judge Kane is an upright and intelligent judge, and will pronounce the law as it is, without fear or favor. But if the British government has, by ingenious contrivances, succeeded in sheltering its agents from conviction as malefactors, it has, in so doing, doubled the magnitude of the national wrong inflicted on the United States. " This government has done its duty of internal administration in prosecuting the individuals engaged in these acts. If they are acquit- ted, by reason of a deliberate undertaking of the British government_, not only to violate, as a nation, our sovereign rights as a nation, but also to evade our municipal laws, and that undertaking shall be con- summated by its agents in the United States ; when all this shall have been judicially ascertained, the President will then have before him the elements of decision, as to what international action it be- comes the United States to adopt in so important a matter. " I am, very respectfully^ "0. GUSHING. "Jas. C. Van Dyke, Esq., " United States Attorney^ Fhiladelphia," in the united states. 205 "Attorney General's Office, ''September 17, 1855. "Sir: I desire to make a further suggestion in regard to tlie trial of parties cliarged with recruiting sohlicrs in the United States for the service of the British government. "It is known that instructions on tliis subject were given hy that government to its officers in the United States. We are tohl by Lord Clarendon that those officers had ' stringent instructions' so to pro- ceed as not to violate the municipal law — that is, to violate its si)irit, but not its letter. If so, the instructions tliemselves viohite the sovereign rights of the United States. "But, in the meantime, every consul of Great Britain in tlie United States is, by the avowal of his government, subject to the just sus- picion of breach of law; while, ai)parently, he must either have dis- obeyed his own government, or, in obeying it, have abused his con- sular functions by the violation of his international duty to tlie United States. "In these circumstances, it is deemed highly necessary that the British consul at Philadelphia, or any other officer of the British government, shall not be sufiered to interfere in the trials, as he attempted to do on a previous occasion ; that no letter of his be read, except in the due form of evidence ; and that, if he have any thing to say, he shall be put on the stand by the defence, in order that he may be fully cross-examined by the prosecution. " It is clear that he has no right^ by any rule of ])ublic law or of international comity, to be heard in the case by the court, otherwise than as a witness, whether enforced or volunteer. "I have the honor to be, very respectfully, "C. GUSHING. " Jas. C. Van Dyke, Esq., " United States Attorney, Philadelphia." Your honor will perceive that the object in this prosecution haS been as much to break up the general system which had been adopted by the British government to violate our municipal laws, as it was to punish those who should be found guilty as the instruments of that government. If the present defendant, since bis conviction^ has contributed in any manner to aid the government in this investigation, and that aid has been the result of a sincere regret and repentance for his j)ast tntnduct, it is, in my opinion, but just that he should have the benefit of his present conduct in the sentence which your honor may see fit to pro- nounce in his case. I therefore move that the defendant's confession be read, and that it be filed of record among the proceedings in tlie cause, to be duly con- sidered by the court in the judgment which may hereafter be pro- nounced against the defendant. Per curiam. Let the paper be read and filed of record. 206 BRITISH RECRUITMENT The confession is as follows : United States ^ j^ ^^^ district court of the United States, in and for „ '^'^- l the eastern district of Pennsylvania. Henry Hertz. ) United States, eastern district of Pennsylvania, ss. Be it remembered, that on this 11th day of October, A. D. 1855, before me, Charles F. Heazlitt, a commissioner of the United States, personally came Henry Hertz, who, being duly sworn, says: That some time in the month of January, 1855, 1 read in the London Times a notice of the passage of a resolution of the British Parliament, authorizing the enlistment of a foreign legion. A day or two after- wards I went to the United States Hotel, where I heard three or four gentlemen speaking of this country as a place where enlistments could best be made. One gentleman by the name of Miller pointed at me, as the man best fit for enlisting men for the British service, because, as he said, I am so well known among the German and foreign popu- lation. One of the gentlemen sitting there arose and said to me, "I am an English officei' ; I am not particularly engaged in this matter now, but I can tell you how to embark in it without running any risk, and I would be glad if you would engage in it ; but, in order to ac- complish this, it is necessary for you to go to Washington and see Mr. Crampton, the English ambassador." From what I learned afterwards, the name of the gentleman was Mr. Bruce McDonald. Two or three weeks afterwards I went to Washington, and Avas introduced by many gentlemen by letters to Mr. Crampton. I had obtained these letters without telling those gentlemen the object of my visit ; but, before delivering any of these letters of introduction, I addressed a note to Mr. Crampton, requesting an interview with him; that note did not state the object of the inter- view. The principal object of my visit to Mr. Crampton was to ascer- tain whether I could saibly embark in this enterprise. I was stopping at Willard's Hotel, and in reply to my note, I received the note here- to annexed, marked A. (C. F. H.) (This note has been published in Mr. Strobel's testimony, and will be found, ante, at page 145.) After the receipt of this note I called on Mr. Crampton, at his resi- dence; it was on Sunday morning when I called; I saw Mr. Cramp- ton; he said, in substance: "Your letters of introduction assure me that I may have full confidence in you ; I have not sufficient authority yet from the home government with regard to the matter, but I ex- pect early authority from Lord Clarendon. I have already received a letter from Lord Clarendon, inquiring how many men might be en- listed in this country for British service, and what the United States government would think of such an attempt. I can tell you this ; that if you embark in this matter, you can make a great deal of money ; if procuring of men for the English service should be undertaken, it will be very advantageous to you ; but I expect a letter from Lord Clarendon by the next steamer, which may be expected in eight or ten days, giving me full explanations and instructions how the matter is to be conducted."' In this conversation he had reference to enlist- ments in this country for the Crimean war. He stated that he had IN THE UNITED STATES. 207 answered Lord Clarendon's first letter, and tliat the letter he expected was in reply to his answer. He did not state tlie contents of liis an- swer to Lord Clarendon's letter. He then said, "I huve iiotliinf; more to tell you to-day, but Avhen I receive Lord Clarendc.n's letter I will M^rite to you." I returned to Philadelphia, and slioiild have thought nothing more of the subject, but about the 5tli of February, 1855, I received a letter from Mr. Crampton, througli the jxtst office, which letter is hereto annexed, marked B. (C. F. H.) (Tlie letter referred to is published ante, second letter on page 145.) I sent liim a telegraphic despatch, that I was too much engaged to come to Wash- ington now, but that I would call upon him at Washington as soon as my time would permit it. I went some days afterwards (say three or four days) to Washing- ton, and saw Mr. Crampton at liis private residence ; he was indis- posed. I told him I had received his letter, and desired to know what I had to do. Mr. Crampton replied, "I have received a letter from Lord Clarendon, which contains the statement that the British gov- ernment has made arrangements to establish depots at some i)laces in Canada, on the frontier of the United States, in order to receive the men who may be procured in the United States. In pursuance of this information, I have sent my special messenger to the governor gen- eral of Canada, and to the commanding general of the troops in Canada, (whose name I believe is Roy,) requesting them to designate the places where depots may be established for the recei)tion of persons who may be procured in the United States." I informed Mr. Cramp- ton that I had incurred expenses already by coming twice to Wash- ington, and that I would have to waste more time lintil the messenger returned, and that I would have to neglect my business ; I therefore requested him to refund to me the expenses already incurred by me. Mr. Crampton replied, "I have at present no money at mj' disposal, and have no authority to give you any ; but I am certain you will be l^aid not only for your services, but that your expenses will be repaid to you." I asked Mr. Crampton what was to be done? How is the matter to be conducted ? He said, "As far as I know, there is a law in the United States forbidding the enlisting of soldiers within the territory of the United States ; it is, however, not difficult to evade this law, because who can prevent you from sending laborers to Canada; but we must take care to do this in sucli a way that it sliall not ai)pear in defiance of the government. My idea is, furtlier, that if you have 25 or 30 men together, either yourself or some otlier confidential person should take them direct by railroad to Montreal, where, I think, a depotmay beerected." I then asked him, "When do you think this matter will commence?" Mr. Crampton said, "I cannot say pre- cisely yet, because my messenger will perhaps be prevented from re- turning to Washington very soon, as the roads are obstructed by ice and snow. It is possible that he will call on you at Philadeli)hia on his return from Canada, and will give you the necessary information. In the mean time, you may call on our consul, Mr. Mathew, in Phila- delphia, and he (Mr. M.) will probably be able to give you tlie neces- sary instruction." Tlie conversation with regard to the procuring men was finished, but I reverted again to the law bearing upon the 208 BRITISH RECRUITMENT subject. I asked him, ''How am I backed in case a charge is made against me? I have a wife and children." Mr. Crampton replied, "First, that the law was exceedingly lax ; and, secondly, that if any thing should happen, the British govern- ment would not allow any one to suffer who had been engaged in assisting them in furnishing the men." I replied that " The popular voice is against this matter ;" but Mr. Crampton said, " Never mind about this popular voice ; if a house in Liverpool fails, the whole United States trembles." After Mr. Crampton had given me such assurances, and had used the expression, "I give you my word as a gentleman that nothing unpleasant shall happen to you," I then made up my mind to act for the British government. Before I left, Mr. Crampton assured me that he would send a man to my house in Philadelphia, who would make such arrangements with me as would enable me to procure men, and send them to their destination. I then returned to Philadelphia, and waited ten days without hearing anything of the matter. I called then on Mr. Mathew, the British consul in this city. Mr. Mathew received me very politely, and in- formed me that he was just reading a letter from Mr. Crampton, in which my name is mentioned. He further said, "We (speaking of his government) are very anxious to procure men ; but, alas ! we have not received any instructions from Canada as to where the depots are to be erected ; however, we expect every day and every hour the re- turn of the messenger." About three, four, or hve days after that, I visited Mr. Mathew again ; he then said to me, " I would advise you to go down to Washington again, for," said he, "although I do not know of any of the particulars of the case, yet I have no doubt Mr. Crampton does, and can give you all the information necessary." This was about the 15th of February. I went to Washington again, and saw Mr. Crampton, though he was indisposed. All that I could learn from him was, that in a week or two he would send a man to my house in Philadelphia ; this man, he said, he expected would be sent from the government in Canada to my house, with instructions and means for the recruiting of men in this country. In this conversation Mr. Crampton also stated to me that if I should get into any difficulty I should employ eminent counsel. He also said that, so far as he could ascertain, the government of the United States would not inter- fere in the matter. I must distinctly aver that, in particular, this last statement and representation on the part of Mr. Crampton gave me such full assurance that I did not, for one moment, think it possible that I could be charged with a misdemeanor or crime. I thought that the matter had been privately arranged between the United States and the English government ; Mr. Crampton endeavored to, and did, leave that impression on my mind. I was led so to believe from what Mr. Crampton said to me. I returned to Philadelphia, and in about a week afterwards, on returning home from my office one day, my wife handed me a slip of paper, on which was written "Joseph Howe, Jones's Hotel, parlor No. 1." She stated that the gentleman whose name was on the paper called and spent with her two hours waiting for me. After dinner, on the same day, I called on Mr. Howe at his hotel, and saw him ; he asked my name, which I IN THE UNITED STATES. 209 gave liim. He said he was extreme]}'- glad to see me, as his time for staying in Philadelphia was very limited ; that he had to go to New- York and Boston, where his agents expected to see him in a'^few days. I askedhim what authority he had for engaging me to eidist men for the foreign legion? He answered, "I am authorized hy the governor Sir Gaspard le Marchant, of Nova Scotia, who, in accordance'^ with in- structions from the English government, is the only man who had control of the enlisting service for the fireign legion, and the especial control over the depot in Halifax, estal)lished for the men procured in the United States." I told him, " This is all very well, but I have not the pleasure of knowing the governor." He answered me, "Mr. Cramp- ton has given me your directions, and recommended you as a man in whom I can place full confidence." I answered him " that I would believe anything ; but I should like to see some documents irom Mr. Crampton." He said, "I am sorry that I cannot show you such at present, as the only document I have received from Mr. Cramjjton was an introduction to Mr. Mathew, and that letter I have already de- livered." I said, "I would be satisfied if Mr. Mathew Avould cor- roborate his statement, and then I would be willing to act on his proposition." He asked me to see him again the next mornin"- at 9 o'clock. I called at 9 o'clock the next day, and met there Captain Rumberg, Lieutenant Van Essen, and anotlier gentleman by the name of Link, a friend of Mr. Van Essen. Mr. Howe introduced me to those gentlemen, whom I knew before, but had never any conversation with them about the recruiting business. He (Mr. HoAve) said "Gentlemen, I suppose you know Mr. Hertz: he is the only confi- dential agent for the State of Pennsylvania to get men for theVoreio-n legion." I said to him, "I have not got so far yet, and stand upon my dema,nd of yesterday;" referring to his statements being corrobora- ted. He said, "That is all right; that gentleman" (meaning Mr. Mathew) ' ' knows you already. ' ' This interview was on the 13th March. He said, "I am glad to hear that Mr. Mathew has made all inquiry about your cliaracter, and feels fully satisfied." Mr. Howe then said to Mr. Paimbcrg that he would get a colonelship, and Van Essen a captaincy, and told me by all means to send off those men (Mr. Rumberg and Mr. Van Essen) with the first transport, in that capacity. I answered, that if I was satisfied I would do so. He bowed to these gentle- men, and begged to be excused, as he wished particularly to s])eak with me alone. They went away. Mr. Howe tlicn said, "I have heard from Mr. Crampton that you are a man of limited means; and as means are necessary, he could furnish me with any amount." I told him I wanted £250 to £300 to start with. He answered, ' ' That is only a trifle. You need not be economical, as money was no object at all. I cannot give you more than $300 at present, as I have drafts on different places, which I will put in the hands of one man, and this man would get authority from me to furnish you Avitli the means you want." "That it would be necessary to get men as quick as possible, and for this purpose I think it would be best to insert some advertisements in the German papers, and in the English papers that are most read by the Irish population, who are her Britannic Majesty's Ex. Dog. 35 14 210 BRITISH RECRUITMENT subjects." I asked him what he meant to insert or advertise — if he thought it proper that I should call for volunteers. He said "that will not do, but I will write you an advertisement which you may insert immediately, without running any risk." He wrote this paper (here- to annexed, marked C. C. F. H. This paper is the original procla- mation, published ante on page 144,) in my presence, and delivered it into my hands. He also wrote a contract for me to sign, in which I acknowledged myself to be a referee for the governor of Nova Scotia, and was willing to send men. I was to receive $8 for each man sent to Halifax, and extra for each man that was competent to be an officer, £4 extra ; and for sergeants I was to receive $4 extra. I did not know at the time that this contract was illegal, and have never received anything for any services I rendered Mr. Howe. Mr. Howe stated in this conversation, in the presence of Eumberg, Van Essen, and Link, that Mr. Crampton had given him the direction of each, of us, (referring to Rumberg, Van Essen, and myself,) as the only persons with whom he was to confer in this city, and that Rumberg and Van Essen had been highly recommended to Mr. Crampton by some French ambassador. He then went to his writing-desk, took $300 out, and was handing them to me. I told him, "I do not take any money from you." I had so told him once before, as I actually wanted the money through the hands of Mr. Mathew. I was at this time still doubtful whether I should embark in this enterprise, as all I have been stating now was mere conversation ; and I had not done anything at all that could make me liable in any shape or form. I desired to test the question whether I should act or not, thinking that Mr. Mathew would not play any part in this affair if it would be against the law of the coun- try, and I therefore asked that the first step be taken by him. Mr. Howe then said, " if you would prefer that Mr. Mathew should give you the money, it shall be done so." I answered, that his doing so was a great object to me, as he (Mr. Howe) was only a tran- sient visiter, and could leave the States any time he was disposed ; but Mr. Mathew, as a British functionary in this city, would feel himself bound to cover me if anything should happen, or any charge should be made. He said, " I am very glad to hear that you are so cautious, and I will meet your wishes ; please call to-morrow morning here at 9 o'clock, and if I have not left the city, I will take you to the room of Mr. Mathew in the same hotel, and he will give you the money; but if 1 have left, go to Mr. Mathew in his office, and get the money there, if he has not before sent it to your house. I asked him why he staid at Jones's Hotel ; he said, as the British consul stopped there, he did so. "We shook hands, and I went away. In the course of this conversation, Mr. Howe remarked, "there is no necessity to be afraid of anything ; the laws of the land here are but poorly enforced, and £100 might purchase all the laws of the land." On the morning of the 14th of March I went to Jones's Hotel ; Mr. Howe had left, but Mr. Hicks, the book-keeper of Jones's Hotel, handed me an envelope without an enclosure ; on the fly or fold of the envelope were written these words : " Go to Mr. Mathew ; it is all right." I went to Mr, Mathew's oiSce and saw him there; he told me " IN THE UNITED STATES. 211 liad just sent his clerk up to my residence, 424 North Twelfth street, with $300, which Mr. Howe had requested him to give me ; and if I would stay there, or come back again in a quarter of an hour, his clerk would he hack, as he Avished to have me give a receipt for the money." I remained and conversed about the best plan to begin the matter. Mr. Mathew observed that he would be glad to assist me in anything, but it must be a secret, as his official standing would not jiermit him openly to have anything to do in tlie matter. The clerk returned, when the conversation ceased at a signal given to me l)y Mr. Mathew. The clerk handed the packet to Mr. Mathew, and Mr. M. counted to me $300, and I took the slip of paper marked D. C. F. H., in which the money had been enclosed to me. The follow- ing is a copy of this paper in the handwriting of 'Mv. Mathew : "^Mr. Howe requests the $300 sent may be given to Mr. Hertz, on his receijDt in Mr. Howe's name." He handed me a slip of paper, and asked me to give him a re- ceipt. He said, "be careful to put Mr. Howe's name in it." I wrote the receipt in these words : " Received, Philadelphia, 14th March, 1855, of Mr. B. Mathew, three hundred dollars on account of the Hon. Mr. Howe." Mr. Mathew stated further, that "if you want anything for ves- sels, or means for conveyance, you must go to Mr. Henry Winsor, on the wharf near Pine street, and he will furnish you with anything in his line ; that he (Mr. Winsor) had moneys in his hands, or under his control, belonging to Mr. Howe." I took an office on the 14th of March, and went to the Pennsylvanian and Ledger, and inserted the advertisement written by Mr. Howe. The Ledger notice was an abstract ; the Pennsylvanian inserted it at length. Mr. Pvumberg attended to the advertisements in the Demo- crat Free Press. On the 16th of March the business commenced ; plenty of men came, and the first day I had so many tliat I could make a transport. I went down to Mr. Winsor and told him I wanted a conveyance for about 100 to 140 people to Halifax. He said, " There is no possibility to get it from here direct to Halilax, but means are procured to send them from here with his steamers to Boston, and there the regular packets would take them to Halifax ; but, at all events, it would not be possible to send such a number before Satur- day, the 24th, as the steamer would not go before. I was placed in an unpleasant position, as those men were very poor, and were anxious to start. I was. therefore, necessitated to give them a little money to live. I believe it was the 16th or 17tli, in the afternoon, about nine or ten persons, calling themselves English subjects, came to my office. They told me they had just come from the British consul, who had sent them to my office to get tickets, which were left there the same day in the morning by T. L. Bucknell. I told them I would give them tickets if they would bring me a written receipt from Mr. Ma- thew, as I had my instructions to use those tickets with discretion. They went away ; in about half an hour after, a message was sent from Mr. Winsor wishing to see me. I went down ; he presented me a letter, addressed to him from Mr. Mathew, in which lie desired that Mr. Winsor should get tickets from me, and furnish the people 212 BRITISH RECRUITMENT wlio had called upon me as English subjects with free passage by the schooner Bonita, of Halifax, Captain Coffin, then lying at Pine- street wharf, and pay the captain |12 for each ticket returned by the captain to Mr. Winsor. I gave Mr. AVinsor eight tickets, and he gave me the receipt hereto annexed, marked E. 0. F. H. (This receipt will be found ante, page 184 ; ) and I saw the captain give to Mr. W. a receipt for $96, as the captain had returned the eight tickets he had received from Mr. W. to him, and bound himself to deliver up those men in Halifax ; and further, to return to Mr. Winsor $12 for each man he should not deliver up in Halifax. The captain took the eight men in his schooner, and sailed with them that evening. The same day I wrote a letter to Mr. Howe asking for funds. Mr. Howe's direction was given me by Mr. Mathew. The following morning I got a telegraphic despatch, directing me to call on Mr. Winsor and get funds. I went to Mr. Winsor, and told him I wished $500. He told me that he had an order to pay me $100 only ; that Mr. Howe would be here, perhaps, that day or the day after, and he would furnish me with more. At the same time, Mr. W. told me that the steamer Granite State did not belong to him any more, that he had sold her to another firm, and he did not think that the firm would pay a charter for taking passengers ; that he did not know, therefore, how he would act to-morrow, as he could not procure any other vessel. I tele- graphed directly to Mr. Bucknell, asking him what I should do to get conveyance for my " brave people." I did not get any answer. The reason why I telegraphed to Mr. Bucknell was, that he was the only man to assist the agents in sending away men. Bucknell told me he was the only man that was authorized by Mr, Howe to assist the agents in sending the men to Halifax, as Mr. Howe himself was very much occupied, and travelling from one place to another. To get the people away, I went down to Sandford's line, and made an agreement with Mr. Eldridge to pay him $4 for each man he would take in his steamer to New York, if he could delay the departure of the steamer till Sunday. I wanted to have time to send the men by the steamer Sandford. As Mr. Eldridge did not know me, Mr. AVinsor went in and told him that everything that I did he would be responsible for. On the 25th, in the morning, the people were ready to start at five or six o'clock; but as I had no money to furnish Mr. Strobel, who had command of the party, I went up to Mr. Mathew at Jones's Hotel, in his room, at five o'clock^ and told him the people were there by the wharf, but Captain Strobel was not willing to start without money, and the poor people wanted to have money in their pockets. He got out of his bed and got $50 and handed it to me, saying, "if that is not enough, I will give you more." I went down to the wharf and gave $25 to Mr. Strobel, and divided the balance among the men who were going — eighty or ninety people. These people were those I had engaged at my office to go. They went off to New York. I went the same night, the 25th, to New York, and went to Delmonico's hotel, where I found Mr. Bucknell sleeping in Mr. Howe's room. I told Mr. B. that the people either were there, or would come, as they left this morning, and asked how they were to be conveyed to Bos- ton. I also told him that Mr. Strobel would be there and receive his IN THE UNITED STATER. 213 further orders. Mr. Bucknell said that he wouhl make it all right; that I should go to Mr. Barclay, at his private residence, College Place^ and he (Bucknell) would soon he there to make I'urtlier arrangements. I went away and returned to Delmonico's in ahout an liour. I met there Mr. Strohel, who had arrived ; hetuld me tliat he wanted money to feed the people; that he was ohliged to take them in four dillurent parties, to four different boarding houses in Greenwich street. Mr. Bucknell came down, and we went up to his private room, when he told me that he would go with us himself to Mr. Barclay, at his office in Barclay street, and that I sliould go with him. I went with him, and he and Mr. Barclay went into an inner room. Mr. liucknell then came out, and told me to wait in his private room at Delmonico's, that he would come directly and hring the money. He came and gave me $100, which I delivered in his presence to Mr. Strol)el, less $5. I gave him $80 at that time, and had given him $15 before, that morning. We went together to the Astor House, where Mr. Bucknell telegraphed to Mr. Mathew to tell Mr. Cumberland (which means Mr. Howe) not to leave Philadelphia without seeing Mr. Hertz. Mr. Howe, at the time we were in New York, had gone to Washington, and was ex- pected to return in a day or two. I left New York and returned to Philadelphia the same night. Mr. Barclay was the British consul at New York. On my arrival from New York, I went directly from the depot to Jones's Hotel, where I saw Mr. Howe. This Avas on the 26th of ]\[arch. Mr. Howe told me he had returned the same morning from Wash- ington, and as he had received a message from Mr. Bucknell, through Mr. Mathew, he had waited here for the purpose of seeing me, as he was very anxious to see me. He had in the meantime, before my arrival, sent up for Mrs. Hertz to come down and see him, as he was indisposed; but she declined to do so. He told me he had come from Washington, after having a very important interview with ]\lr. Crampton, and that Mr. Cram])ton told him that, as far as he could observe, the government of the United States had begun to feel a lit- tle uneasy about this matter; in the meantime that I should go on and care for nothing, as I could be quite sure I would get immediate information in case the United States government should determine to prosecute the matter. I told him that I was not afraid, as I had the words of such men as Mr. Crampton and Mr. Mathew that noth- ing should happen to me. He told me that it was ten o'clock, and he expected to see |Mr. Mathew, as he (Mr. Howe) would leave in the midnight train for New York. I told him that I was surprised that he had not sent me any money, as he said I should not be economical with it. He promised to write a note to Mr. Winsor, and all should be made right the next day, but the next day Mr. Winsor told me he had no orders ; Mr. Howe had not seen him. Mr. Howe told me to word my despatches calling the men barrels or jiarcels. Mr. Howe also said, in this last connexion, that I could make a large amount of money ; that all I had to do was to blow a trumpet in the streets, and that I could get thousands for the foreign legion ; that Mr. Ue Korponay was highly recommended as a man of great connexion m the West and Texas, and that I should endeavor to see him, and fur- 214 BRITISH RECRUITMENT nisli liim with the necessary means to start, and that as soon as I had sent him (Howe) word that I had engaged Korponay, he would send me money. The next morning I received a telegraphic despatch from Mr, Buck- nell, asking how many parcels I would send, and that I should hurry them along ; that there was another company wanting to join the next expedition, so that they should go to Boston together. I an- swered him immediately that I supposed 50 to 60 harrels would go off by the Sanford to-day. Some 47 went off by the Sanford that day. When I came to my office a half an hour afterwards, I was arrested. On Wednesday, the 28th of March, I was arrested, and on the 29th I went to Mr. Mathew's office and found Mr. Mathew in a deep con- versation with De Korponay. He left Mr. De Korponay and invited me into the next room, and there said to me, " Do not be down-hearted, we will do everything for you in our power;" he meant by "we" Crampton, Howe, and himself. He also said that I should try to give Mr. Howe information of what had happened, and that I should go down to Mr. Winsorand get |200 ; I went to Mr. Winsor; he told me he had made all right with Mr. Mathew; I went back to Mr. Ma- thew's, and he (Mr. Mathew) handed the paper marked F. C. F. H., which is now in two parts. This paper Mr. Mathew wrote in my presence. The paper is in the following words : " Please call at Jones's for $200 left with Mr. Sharwood, the pro- prietor, by Mr. Howe, at 2 o'clock." I went up to Mr. Sharwood, the proprietor of Jones's Hotel, and I received $200 from Mr. Hicks, the book-keeper, to whom I showed this paper. The same day I went down to Moyamensing to see Mr. Budd, who had sent me a message that he had no money. I gave him $5. I told him I could not procure bail for him, as the people did not want to go bail for a native who is engaged in a business of this character. My wife accompanied me, on this occasion, to the prison. I returned home with her, and there found a letter addressed to me ; afterwards I went out to take a walk with my wife^ and walked down Chesnut street, and met the porter of Jones's Hotel — John Allen I think his name is ; he asked me if I had received the letter he had left at my house that day, as the British consul had given strict orders that the letter should be delivered as soon as possible. The letter is hereto an- nexed, marked G. C. F. H., and is the letter I found at my house, on the occasion referred to by the porter. I have seen Mr. Mathew's hand- writing. I know his style of writings and believe this letter marked G to be in his handwriting. The following is a copy of the letter : " If the sole name in the warrant and indictment is that of Glen- roy, the marshal is indictable for false arrest of the other parties. "The counsel, if such a man as J. Tyler, O'Neall, or Lex, will paint this mean arrest in its true colors ; he will prove that the parties interested were solely acting for themselves, with no powerful friend behind them to pay lines, from the sole desire to aid in a war which Europe holds to be the war of liberty ; the one a German, the other a Britisher. " If they have erred, their error is but light. Do these pretending IN THE UNITED STATES. 215 repuMican authorities seek to wreak vengeance on thoni for loving- freedom with EngLand better than Russia ? " The counsel's speech should he carefully published, amlivill iveigh before a third hearing, which should be obtained. "If, in trutli, the British consul had no part in it, the atteinj)t to involve him should be exposed. "It may be easily shown Gilroy is not to be l)elieved on oath. Is he a paid spy and traitor to entrap under false names ! ! "Honorable marshal ! Honorable district United States attorney ! " Honorable men, 'Captain Power,' and 'Lieut. Sommers' ! ! ! "What is Grilroy's real name? "Where really born? not where he says. " What his character ? "What his reward? " Is the German desiring liberty, or the Britisher desiring to aid Ms country in a war, to be held as a criminal ! ! ! "What has Russia paid the dominant power for this rigor?" Some of the men who shipped on the morning of the arrest were not taken by the marshal, and Avent on to New York. The book marked H is the book in which the names were entered in my office, together with the three sheets of paper marked H, 1, 2, 3. The names in the back of the book were the applicants for com- missions. The tickets produced in court are the tickets I gave to the men. Howe told me that the N. S. R. C. meant Nova Scotia Recruiting Com- pany, but I might translate it Nova Scotia Railroad Company. I had them printed myself. Mr. Howe told me to print them in this way. The white ticket with N. S. R. and J. H. on it, are tickets which I obtained from Mr. Howe myself; the J. H. are in his own handwriting. I used only eight of these, which were the eight I gave to Mr. Winsor. Those I used had Mr. Howe's seal on in wax. On Saturday, before Strobel left, I told Mr. Mathew at that time, that the different gentlemen who expected to get a commission were anxious to know what pav they were to receive. He told me he could not exactly tell me, but that f should call on Dr. Williams, and give him his (Mr. Mathew's) compliments, and he would give me Hart's Army List, which would give me the necessary information. I got the book from the Doctor, but could find nothing about the matter. I told Mr. Mathew of the result, and he said 1 should correspond with Mr. Howe about it, or, if he should see him first, he would men- tion it to him. The same night, on my return from New York, Mr. Howe told me he had got all the particulars from Mr. Crarapton, so far as he knew it, and'handed me the paper marked J. C. F. H. The paper referred to contains a memorandum as follows : "Ensign, 5-4 sterling. "Lieutenant, 6-8 sterling. "Captain, 11 and 2 sterling." This paper states the pay of an ensign, 5s. 4d. per day; lieutenant, 6s. 8d. ; a captain, lis., and 2s. for rations. Mr. Howe said those prices referred to the per-diem pay. I believe this paper to be in Mr. Crampton's handwriting. 216 BRITISH RECRUITMENT The handbill marked K. C. F. H. (this is the handbill with the Queen's arms on it, already printed, ante page 114) is the bill brought me bv Mr. Bucknell, together with the white tickets with Howe's seal on them. These bills are the same as those posted in my office. All these bills were destroyed in the presence of Mr. Bucknell the next day, together with the tickets he brought me, except the eight I gave to Mr. AVinsor. He brought me nine hundred odd tickets with Mr. Howe's seal on. When Mr. Bucknell was arrested, Mr. Matthew sent me word by a friend that he would be much obliged to me if I would not call on or correspond with him any more in this case, as he had apprehensions that he was closely watched by the United States officers. The same friend of Mr. Mathew told me it would be best for me to go direct to Halifax. Mr. Bucknell told me tlie same thing. Before I went to Halifax, I wrote a note to Mr. Mathew. He answered me that he could not do, nor would he do, anything for me in this case, which he had before directly stated to me, and that I had used some improper remarks against him. I answered him, that I was surprised to hear such remarks from him, as I had only said that the functionaries of the British government were perfidious, and I still think so. I left for Halifax, and had in my possession a letter to Mr. Howe, stating what he ought to do in my behalf. At New York, I went to the office of Mr. Barclay, and saw Mr. Stanley, the vice consul; he spoke with me about Mr. Howe, and told me that he was sorry that such heedless men as Mr. Howe had brought me and other honest people into a scrape without assisting us ; he also told me that Buck- nell was going to Halifax, and that he (Mr. Bucknell) was in the same position as myself. Mr. Stanley told me that Mr. Mathew had paid Mr. Bucknell's expenses, including lawyers' fees, all the expenses he had incurred^ and expressed surprise that the same had not been done for me. Mr. Stanley paid my expenses from Halifax. I met at Mr. Stanley's office Mr. Jesson, who went from this place with Strobel to Halifax. He told me in Stanley's presence, that he, Stro- bel, and some other officers from Halifax, had been sent to the United States, and were now in the United States, and were under the sjjecial control of Mr. Crampton, and any money or funds that they required would be given them by different British officials, and the money which he (Jesson) required for enlisting purposes, he had to obtain from Mr. Crampton himself, and that he would go that same night to Mr. Crampton for that purpose. This was in the first part of June, about the 7th, long after my arrest. Mr. Jesson said he was at that time going on the enlisting business, under the direction of Mr. Crampton, and I saw him send fifteen men on that occasion to Bos- ton, via steamboat, to go from thence to Halifax. Mr. Jesson told me he was then on his way to Washington to obtain money from Mr. Crami)ton for that purpose ; that the whole enlisting business was now entirely under the special supervision of Mr. Crampton, who had taken the matter entirely in his own hands. This conversation was in thg office of Mr. Stanley, who paid Mr. Jesson some money in my jires- ence, to pay for fifteen tickets lor the men who were to go off that day. I went with Mr. Jesson to the steamboat, and saw him p)ay the IN THE UNITED STATES. 217 clerk of the boat for the passage of these men. I saw the men arrive the next day in Boston. They were taken charge of hy another En- glish officer named Thune. He hoarded them at different hoarding- houses, and tohl me they were to go to Halifax, 1 took the CiinarJ steamer for Halifax, where I arrived on thd" 9th. I met Mr. (Jarstcn- sen at Halilax ; we took a cah and drove out to Melvilk' island. I saw in the barracks most of the peo])le I sent from here ; they were equipped, and were being drilled. The officer received me with great kindness, and Mr. Van Essen went with me to the city. At supper, Mr. Van Essen was called out, and did not return. I met Mr. Howe : on landing from the steamer he greeted me very kindly, hut siiid he had no time to see me, and stepped on board the steamer for Enghmd — that w^as the same steamer I arrived in. The next morning, the 10th, I went again to Melville island to see Mr. Van Essen, who had pro- mised to introduce me to Sir Gaspard le Marchant. I was received by a man calling himself Major Weis, who told me there were strict orders not to allow me to come to the island again. I asked him to show me the order, for, unless I saw it, I would not leave the island if he were twenty times major. He had no written order, and I went on to the island. He sent immediately to the governor for instruc- tions ; in the meantime, he ordered the people and officers not to speak w4th me. In about a half hour the order arrived, and he pre- sented it to me. I told him it was the order of the governor of the province ; that I would like to see the order of the military governor, for without it I would not leave. He sent again to the fort, and the commanding English colonel of the forces came himself, and told me that no strangers were permitted to come on to the island. 1 left, in company with the colonel, in his caleche. The barracks at Melville island, where the soldiers are kept, are a parcel of wooden sheds, scarcely equal to those in which a good Penn- sylvania farmer keeps his cattle. I then went up to Sir Gaspard le Marchant, introduced myself, and told him Avhat I wished. In the beginning he did not desire to have any connexion with me at all ; but after I had presented- to him, in strong language, the manner in which I had been treated in Philadelphia, as well as in Halitax, he replied it was not his fault, but Mr. Howe's. He also said that Mr. Howe had used $120,000 in the recruiting business, and inasmuch as he had rendered no account of it yet, he could not tell how my account stood ; that in the meantime I should give him a written statement of what I wished, and he would answer me the next day. I gave him the statement, and the next day I received the letter marked L, (C. F. H.) (This letter is already published, and will be found a;iy the Chamber of Commerce to ascertain and report the facts connected with the late seizure of the American barque ''Maury," on the information of Mr. Barcday, her Majesty's consul at New York, respectfully submit, for the information of the chamber, the following documents : No. 1. Mr. Hunter, Assistant Secretary of State, to Attorney Gene- ral, October 12, 1855. No. 2. Telegraphic despatcli from Attorney General to United States attorney. New York, October ]2, 1855. No. 3. Attorney General to Secretary of State, October 12, 1855. No. 4. United States attorney. New York, to her Britannic Majesty's consul, October 13, 1855. No. 5. Same to collector of port, October 13, 1855. No. 6. Attorney General to United States attorney, New York, October 13, 1855. No. 7. Her Britannic Majesty's envoy, &c., to Secretary of State, with four affidavits, October 11, 1855. No. 8. United States attorney. New York, to Charles Edwards, esq., October 16, 1855. No. 9. Deputy surveyor of port to United States attorney, New York, October 15, 1855. No. 10. Inspectors of customs to surveyor of port, October 15, 1855. No. 11. United States attorney. New York, to Attorney General, October IT, 1855. No. 12. Same to United States marshal, October 17, 1855. No. 13. United States marshal to United States attorney, October 19, 1855. No. 14. Messrs. Low to same, October 18, 1855. No. 15. Charles Edwards, esq., to same, October 19, 1855. No. 16. United States attorney. New York, to Attorney General, October 19, 1855. No. 17. Attorney General to Secretary of State, October 19, 1855. No. 18. Same to United States attorney, New York, October 22, 1855. No. 19. Same to Secretary of State, October 22, 1855. No. 20. United States attorney, New York, to Attorney General, October 20, 1855. 224 BRITISH RECRUITMENT No. 21. A. A. Low & Brothers to John A. Stevens, chairman of committee of Chamber of Commerce. No. 22. Dejoositions of J. N. Cornell and Wm. D. Craft, police officers, before the mayor, November 23, 1855. Your committee have sought no further evidence, as all the facts and suspicions are comprised in these papers. Proceeding to consider their im2)ort, it is to be remarked that the firm in question are Ameri- can merchants of this city, having a number of vessels, chiefly employed in the Pacific, China, and India seas; being, perhaps, more largely engaged in this branch of commerce than any other house in the United States; that they are directors and managers in many import- ant commercial institutions, are of high commercial standing, and are well known as men of probity and honor. Your committee find that the barque "Maury" was built in this city during the past summer lor this firm; that she was advertised by them for thirteen days before the date of the affidavit, under their own name, in five daily papers, to wit: the Courier and Enquirer, Journal of Commerce, Commercial Advertiser, Neio York Express, and Evening Post, for Shanghae, in China ; was loading wholly on freight ; and never having taken her first clearance, her register had not been then issued from the custom-house ; that there was on board an armament of four guns, with a moderate supply of small-arms, and also ten guns on freight, and that other cargo was being received. These guns were first placed in the lower hold, as temporary ballast ; were afterwards raised to the between-decks, and were never concealed in any way whatever. Such armament and freight are not unusual for vessels bound for the China seas ; and vessels similarly equipped have heretofore been desj)atched from this and other ports in the United States, without suspicion or notice ; and, apart from other cir- cumstances, armament and guns in the China trade afford no cause to suspect any intended infraction of the neutrality or revenue laws, nor any inteuded illegal or questionable employment. Your committee have not been able to ascertain, and do not believe^ that there were any other facts which could reasonably lead to such suspicions in regard to this vessel. It is manifest, however, that they were enter- tained by the British consul here, and by the British minister at Wash- ington ; for upon the affidavits and statements submitted by these func- tionaries, without a full ascertainment of the truth in a matter so important, and without an inquiry from the owners, and chiefly on an oath of belief, without a statement of the facts on which it was founded, the " Maury" was taken possession of by the United States marshal, on the afternoon of the PZth of October, under process from the United States court, founded on a libel, sworn to by the British consul, as forfeited for a breach of the neutrality laws. In view of your committee^, the feelings of a respectable firm, and the character of New York merchants, have been needlessly dispar- aged and assailed, through heedlessness and culpable want of inquiry, or strange credulity on the part of those making the representations to the officers of the American government ; for it is clear that in the lapse of seven days, between the day on which the affidavits were made and the day of the seizure, the true destination of the vessel. IN THE UNITED STATES. 225 and all the facts of the case, could have hcen ascertained. Tlie state- ment of Messrs. Low, so satisfactory after tlie seizure, couldliave heeu as easil}^ obtained before it was made, by a simple aj. plication to them. Their advertisements of the vessel were in five daily i)apers, from tho 27th of September to the 2-ith October ; and the seizure, upon suspi- cions so carelessly, so credulously entertained, is truly remarkabh'. The appearance of the marshal was the first intimation to tlie hoiise that their standing and character had not protected them frnm tho charge of being engaged in an unlawful and disgraceful undertaking. But these slanderous affidavits could not stand an examinati(m, and instantly vanished before their simple statement. The exhibition of the_ unaccountable misapprehension, ignorance, and credulity, on which the charge was based, alone survives. The proceeding of l^lv. Barclay was withdrawn on the second day— one day being lost by bis unwillingness to act at all without seeing Mr. Edwards. ° Tbe cham- ber will remark that the affidavits were all sworn upon the same day, (the 10th of October,) and that the steamer Pacific, whicli left tliis port on the 17th of October, took out the information which has caused 80 much excitement and alarm on the other side of the Atlantic, unless it was forwarded by a preceding steamer. This information, thus hurried off prior to the seizure of the " Maury," was ex jmrte entirely, and no explanation could accompany it. By a public card of the 20th instant, Mr. Barclay denies '' having written a despatch to her Majes- ty's government in regard to that ship." Therefore, from wliom it emanated, and by whose indiscretion the relations between the two countries were rudely jarred, is wholly in the dark. The letters of 2Ir. Barclay and Mr. Crampton leave upon them the l)urden of answering the inquiry. Your committee were greatly surprised to observe, by Mr. Crampton's note to the Secretary of State, that he had been in- formed by Mr, Barclay not only that "he has good reason to believe that this vessel (the ' Maury') is intended for the service of Russia in the jjresent war, but that a plan exists for fitting vessels of a similar description in other ports of the United States, with the express de- sign of committing hostility against her Majesty's government, and more particularly of intercepting and capturing the British mail steamers plying between Liverpool and Ijoston." For such a state- ment your committee have been able to find no warrant in the affida- vit by any person, or of any fact, or indeed of any belief. Tliey be- lieve that no factexists warranting any such statement, and they share a "common surprise that any man living in this city, or having com- munication with it, should for a moment believe it. On the contrary, the committee have it from the highest authority that the governuKnt has no knowledge, belief, or suspicion that any privateer, or other armed vessel, is fitting out, or has been fitted out, in this country, for or against any of the Euroix^an belligerents. The committee further report, that the following; card from the British consul appca-red in the New York Herald of the 24th October, and do not find that it was published in any other pajier : '* Misrepresentations on the above subject (regarding the 'Maury) having been published in various newspapers, among others that mu- nitions of war were found on board ' secreted under a quantitv of cot- Ex. Doc. 35 15 226 BRITISH RECRUITMENT ton/ I desire to disabuse the mind of the public of tliat impression hy stating that sucb was not the case. " Had my endeavors, made before information was formally lodged^ to ascertain the owners of the ship ' Maury' succeeded, the explana- tions which that respectable firm (Messrs. A. A. Low & Brothers) gave after the libel was filed would have been sought by me, and no doubt would have been given before, and the course which was adopted would not have been resorted to. ''A BAKCLAY, " Her Britannic Majesty's Consul. " New York, October 23, 1855." This publication was not in time for'the next steamer, which sailed from Boston for Liverpool the same day. It is for the chamber to consider whether this card was an adequate atonement to the house whose vessel had been seized, or to this commercial community ; or whether, in so grave a matter, affecting the sensibilities of two great nations, the most speedy and wide-spread recantation was not due to both — alike from the British consul and the British minister. The government of the United States, from the time of the adminis- tration of Washington to the present case of the ' ' Maury," during all the contests which have existed since their independence, has, without fear or partiality, strictly enforced the rigid neutrality laws of the United States. Although lawless men have sometimes escaped its vigilance, no ad- ministration of this government has given reason to doubt its determi- nation to maintain them. When the authorities by accident have not been able to prevent the ofi'ences, they have uniformly brought the ofi"enders to trial at the earliest opportunity ; and such trials have always been made with all the urgency which is consistent with justice. It'isdueto our country briefly to recall the features of our neu- trality laws. They not only express the political but commercial sen- timent of the country. First enacted in 1794, they have been contin- ued and made more effectual by repeated subsequent enactments. No laws are more widely or generally known among public men. They forbid any citizen to accept any commission to serve against any peo- ple in peace with the United States. They forbid foreigners tran- siently within the United States, or on board any vessel within its ju- risdiction, to enlist, or to go abroad to be enlisted, in the service of any nation at war with any such people. They forbid the fitting or arming any vessel, or increasing the armament of any armed vessel, with intent to be employed in any such service. They forbid all military expeditions against any nation at peace with the United States, from the beginning, to provide means there- for, to the actual departure of such expeditions. They forbid the being concerned in fitting out any vessel to commit hostilities against any nation at peace with the United States. These laws are the well-known expression of public opinion, and the common sentiment of the country. They have been enforced, as occasion required, against and in favor of all nations alike — against France, our earliest ally ; in favor of Spain, when we had serious IN THE UNITED STATES. 227 questions with her ; against the weak and rising rcpnhlics of this continent ; and now, without partiality or fear, against England, the most warlike and the most commercial of nations having rela- tions with us. The Chamher of Commerce of New York, holding these enactments as binding equally in law, honor, and conscience, claim hut a common right in asserting that a charge of violating them — a charge which they deem a disgraceful impeachment — should not he lightly made, nor without careful inquiry, against any of their members. The committee unanimously recommend to the chamber the adoption of the following resolutions : 1. Resolved, That the Chamber of Commerce of New York receive and adopt the report, as a correct statement, and as containing the sense of this body on the subject. 2. Eesolved, That no proper amends or apology have been made to A. A, Low & Brothers, for the charge brought against them, wliich, if true, would have rendered them infamous ; nor to the merchants of this city and country, so falsely and injuriously assailed. 3. Eesolved, That the merchants of New York, as part of the body of merchants of the United States, will uphold the government in the full maintenance of the neutrality laws of tlie country ; and we acknowledge and adopt, and always have regarded the acts of the United States for preserving its neutrality, as binding in honor and conscience, as well as in law ; and that we denounce those who violate them as disturbers of the peace of the world, to be held in universal abhorrence. All of which is respectfully submitted. JOHN A. STEVENS, GEORGE GRISWOLD, P. FERIT, E. E. MORGAN, TH03IAS TILESTON, CHARLES H. MARSHALL, STEWART BROWN, MOSES H. GRINNELL, ROYAL PHELPS, ROBERT C. GOODHUE, JAMES LEE. Net*- York, November 27, 1855. APPENDIX. No. L Department of State, Washington, October 12, 1855. i3iR- By direction of the Secretary of State, I have the honor to enclose a copy of a note of the 11th instant, addressed to this depart- 228 BRITISH RECRUITMENT ment hj Mr. Crampton, her Britannic Majesty's minister, and of tli© affidavits which accompanied it, relative to a vessel called the "Maury," which is stated to have ^een fitted out at New York, irs violation of the laws of the United States, for the purpose of cruising: against British vessels. I have the honor to be, very respectfully, your obedient servant, Hon, Caleb Gushing, Attorney General, W. HUNTER, Assistant Secretary, No. 2. WASHINGTON; October 12, 1855. (By telegraph.') Mr. Crampton alleges that the vessel called "Maury," in Dover- street dock, is armed for war against England. Please take informa- tion from Mr. Barclay, and prosecute if cause appears. Copies by letter to morrow. John MgKeon, Attorney U. S.j Neio York, C, CUSHING. No. 3. Attorney GrENfiRAL's Office, OctoUr 12, 1855. Sir : I have the honor to inform yon that, in consequence of the information communicated this day by Mr. Crampton, the minister of Great Britain, in regard to the vessel called the "Maury," instruc-- tions have been despatched to the attorney of the United States m New York to advise immediately with Mr. Barclay, the British con- sul there, and to institute the proper legal proceedings in the ease, if sufiicient cause to justify the same shall appear. I am, very respectfully, C, GUSHING. Eon. Wm, L. Marct, Secretary of State, Ko. 4. Southern District of New York, &■,. >S'. District Attorneij's Office, Oct. 13, 1855, ^ A. I'L Sir: Late last evening I received from the Attorney General of the' United States a telegraphic despatch, req^uesting me to obtain infor= IN THE UNITED STATES. 229 mation from you, in relation to a vessel in this port, supposed to be engaged in a violation of our neutrality laws, I called this morning at ^ o'clock at your office, with the marshal of this district, but the office was not open. Will you .lo me the favor to call at once at my office, or send to me tlie intonaation, so that I may act ? With great resjiect, I remain, your obedient servant, JOHN McKEON, U. S. District Attorney. Anthony Barclay, Esq., Comul of her Britannic Majesty. No. 5. Southern District op New York, U. S. District Attorney's Office, October 13, 1855. Sir: You will please send at once on board of a vessel called the ** Maury" an inspector, and examine into her cargo. She lies at Dover-street dock. You will please delay her clearance until a report is made to me of her cargo. Very respectfully, your obedient servant, JOHN McKEON, H. J. Eebpield, Esq., Collector J &c. U. S. District Attorney. No. 6. Attorney General's Office, October 13, 1855. Sir: Yesterday I telegraphed you concerning the ship "Maury," said to be fitting out in New York, in violation of the statutes of the United States. I now enclose to you a copy of a despatch from Mr. Crampton, the British minist<}r, dated the 11th instant, to whicli I tliere referred. With this document before you, and the information wliich ^\v. Bar- clay may imj^art, you will be able to understand what further it may be proj)er for you to do in the premises. I am, very respectfully, C. GUSHING. John McKeon, Esq., United States District Attorney. 230 BRITISH EECRUITMENT No. 7. British Legatio]^, Wasliington, October 11, 1855, Sir : I have tlie honor to call yonr attention to the enclosed deposi- tions, which have to-day been forwarded to me by Mr. Barchay, her Majesty's consul at New York, in regard to a vessel called the '^ Mau- ry," which is now iitting out at that port, and which, it appears, is evidently intended for warlike purposes. Mr. Barclay further informs me that he has good reason to believe that this vessel is intended for the service of Eussia in the present war, and also that a plan exists for fitting vessels of a similar description in other ports of the United States, with the express design of com- mitting hostilities against her Majesty's government, and more par- ticularly of intercepting and capturing the British mail steamers ply- ing between Liverpool and Boston. However this may be, the circumstances stated in the enclosed affi- davits are of so positive a nature, and bear so suspicious an appearance, that I feel it to be my duty to call the attention of the United States government to the matter, with a view to an inquiry into the facts ; and if these shall be confirmed, to the adoption of such measures on the part of the United States authorities as may defeat the hostile in- tentions which appear to be entertained by the persons engaged in fitting out the vessel or vessels in question. I avail myself of this opportunity to renew to you, sir, the assurance of my high consideration. JOHN F. CEAMPTON. The Hon. Wm. L. Marct. City, County J and State of Neio Yorh : Anthony Barclay, her Britannic Majesty's consul for the State of New York, being duly sworn, doth depose and say: That from in- formation given to him, he verily believes, and expects to be able to prove, that a certain new vessel, now in the port of New York, called the " Maury," has been built, fitted out, and armed, with intent that such vessel should be employed by the Eussian government to cruise and commit hostilities against the subjects and property of the Queen of Great Britain, with whom the United States are at peace, and this deponent stands ready to bring forward his proof thereof; and he respectfully claims that proceedings be had and taken, whereby the said vessel, with her tackle, apparel, and furniture, together with all material, and ammunition, and stores, which may have been procured for this building and equipment thereof, shall and may be forfeited. ANTHONY BAECLAY. Sworn to this 10th day of October, 1855, before me, GEOEOE W. MOETON, United States Commissioner. IN THE UNITED STATES. 231 City, County, and State of Neio York : John N. Cornell, of New York city, police officer and dock-master of the eleventli ward, being duly sworn, inaketh oath and saith : That his suspicions have been excited for several weeks past by the appearance of a new three-masted, square-rigged schooner, wliicli was lying at the foot of Stanton street, New York, up to Monihiy evening, the 8th of October, when she moved down to Dover-street dock, and is there now ; that she has tlie name of the " Maury" upon her stern, but has never yet been out of port, and deponent lias ascertained at the custom-house of the port of New York that she has not at present got her register ; that this deponent is well acquainted with the build of vessels, and he has no hesitation in deposing that this vessel, named the '^ Maury," is built, rigged, and equipped for warlike pur- poses, and has not the construction of a vessel for the mercliant ser- vice ; that his susi>icions were particuhirly aroused from the nature of her cargo she has taken on board, which consists of war cannon, can- non balls, small arms, coals, sixty or eighty extra spars, and other mercantile articles ; that this deponent, within a few days last past, has been over the whole of the said vessel ; at the bottom of the said vessel, and just above what appears to be intended as ballast, are from two hundred to three hundred square boxes, containing cannon balls ; also, there are from eighteen to twenty cannon intermingled with the said boxes, apparently so that they may pack well ; on the top of the cannon is a large quantity of coal, while on top of the coal is a lot of lumber and the aforesaid extra spars; in the lockers of the cabin is a very large quantity of guns, pistols, swords, and other im})lements of war ; and this deponent verily believes that she is so fitted out for warlike purposes ; her cannon are all mounted, and slie has port-holes for cannon. And this deponent further says, that a person who as- sumes to act as first mate of the vessel showed her to deponent, and remarked she had a curious kind of cargo, and the manner of the mate was such as to make deponent believe that the vessel was going on a warlike voyage ; the said mate told deponent that some of the afore- said cannon were for eighteen and twenty pound ball, and that the cannon on the main deck were for nine pound ball caliber ; dc])onent saw the mark " 23" upon one of the cannon, and the mate said that was the number of the cannon ; and this deponent further saith, that from all he knows and has been informed, and has observed, he be- lieves that the said vessel, the " Maury," has been built, apd armed, and equipped as aforesaid, by the Russian government, or its agents, to be used for war purposes against Great Britain ; and he hereby in- forms against her and her equiiiment accordingly. JOHN N. CORNELL. Sworn at the city of New York, second circuit, the lOtli day of October, 1855, before me, GEORGE W. MORTON, United States Commissioner. 232 BRITISH RECRUITMENT City, County, and State of New TorJc: Charles Edivards, of the city of New York, counsellor at law, being sworn, maketli oath and saith, he verily believes the new vessel "Manry" has been built, equipped, and loaded by and for the Kussian government, to be used in the present war against the vessels and subjects of Great Britain. That a person, who deponent believes has been in the pay of Russia, gave him a full explanation of the armament on board the said vessel, which tallies with the statement contained in the affidavit of John N. Cornell, hereto annexed, except that the explanation to this depo- nent was much more minute. Also, this deponent gathered from the person referred to, that the said vessel, the "Maury," when outside of port, would ship a new crew of about eighty men, and she would be employed at first more particularly in attempting to overhaul some one or more of what are known as the " Cunard steamers," (British vessels,) and take them as j^rizes, put additional coal on board, and guns, and then go in com- pany ; while there were also other vessels built and fitted out by the Russian government similar to the " Maury," who were ready to join her on a similar errand, with an ultimate destination against British possessions in the eastern hemisphere. CHARLES EDWARDS. Sworn at the city of New York, second circuit, the 10th day of Oc- tober, 1855, before me, G. W. H. MARTIN. City, County, and State of Neto Torh : William D. Craft, of New York, first lieutenant of police, of the eleventh district of police for the city of New York, being duly sworn, doth depose and say : That on the 6th day of October, instant, he went on board a new vessel called the ^' Maury," then lying at the foot of Stanton street. New York, and was shown over her. On her upper deck were six cannon, all mounted, and port-holes for the guns, and between-decks were ten cannon, all mounted ; also, deponent saw a quantity of horse-pistols in the cabin ; there was coal on board, and deponent was informed that there were a number of guns under- neath the coal. Dej^onent also discovered boxes between-decks. The between-decks were all clear fore and aft, with the excejjtion of pump- well and chain-box. She was painted white between-decks, with the exception of the lower side of the deck-beams, they being of yellow pine. And this deponent also saith, that he was a ship-carpenter by trade, and from his observation of the particular build, furniture, and appa- rel of the said " Maury," he believes she is a vessel of war. WM. D. CRAFT. Sworn at the city of New York, second circuit, the 10th day of October, 1855, before me, G-. W. H. MARTIN, If. Cir. IN THE UNITED STATES. 233 No. 8. SouTiiKiiN District of New York, U. S. District Attorney's 0(fice, October IH, 1855. Sir: I have prepared a libel against the ship or vessel culled tho '' Mamy," upon the facts laid before the government by her Britannic Majesty's envoy at Washington. A verification of the pleading is required to be made by some party officially recognised as representing her Britannic Majesty's govern- ment at this j)ort. I am, very respectfully, JOHN I\rrKEON, United States District Attorney. Charles Edwards, Esq. No. 9. Custom-house, New York, Surveyor's Office, October 15, 1855. Sir : I enclose report of district officers who examined the barque " Maury," pursuant to instructions. This bar(jue is new, and has not yet taken out her register ; said to be owned by Low & Brothers, whose vessels are all, I believe, engaged in the China trade. Very respectfully, your obedient servant, J. L. BENEDICT, H. J. Kbdfield, Esq., Collector. Deputy Surveyor, for Surveyor. No. 10. Neav York, October 15, 1855. Dear Sir : Pursuant to instructions, we have been on board the barque " Maury," and find her laden on her ground-tier with coal, and naval stores above the coal. She was taking on board, on Saturday last, the 13th, cases of goods, casks of hardware, scales and beams, pickles, preserves, and catsups. She has on her lower deck ten, and on her upper deck four cannon, all mounted. The dock clerks say she is loading for Shanghae, to go in the opium trade. Yours, respectfully, John Cochrane, Esq., Surveyor of the Fort. JACOB BITTEL, A. W. SHADBOLT, Inspectors, 234 BRITISH RECRUITMENT No. 11. Southern District of New York, TJ. S. District Attorney's Office, October 17, 1855. Sir : I have tlie honor to report that, acting on the communication from you, and after consultation with Mr. Barclay and his legal ad- viser, 1 have this day filed a lihel on the admiralty side of the United States district court against the vessel assuming to he called the "Maury," under the 3d section of the neutrality act of the 20th of April, 1818. With high respect, your obedient servant, JOHN McKEON, United States District Attorney. Hon. Caleb Gushing, Attorney General of United States. No. 12. Southern District of New York, U. S. District Attorney's Office, October 17, 1855. Sir : I take the liberty to request that you will have the cargo of the "Maury" carefully examined, and communicate to me the result. It is proper for me to state, that it is supposed that you will find munitions of war stowed under the lading of coal on board. Very respectfully, JOHN McKEON, U. S. District Attorney. A. T. HiLLYER, Esq., U. S. Marshal, Southern District Neio York. No. 13. Southern District of New York, U. S. Marshal's Office, N. Y., October 19, 1855. Sir : In reply to your communication of the 17th instant, request- ing me to have the cargo of the "Maury" carefully examined and report to you the result, I beg leave to inform you that I have ascer- tained there are 250 tons of coal in the run of said vessel ; 10 iron cannon between decks, mounted on wooden carriages ; 4 ditto on deck ; a number of boxes containing muskets, not opened ; a number of small and side-arms in the cabin ; a lot of shot, and an assorted cargo, lum- ber, &c. Should it be deemed necessary to have the cargo thoroughly overhauled and the coal taken out, the expense attending such labor IN THE UNITED STATES. 235 would not he less than $150 or $200. Awaiting your further instruc- tions in the case, I remain your obedient servant, AB. T. HILLYER, United Slates Marshal. John McKeon, Esq., United States Attorney. No. 14. New York, October 18, 18.j5. ISm : The barque "Maury," owned in part by the undersigned, having been seized by a process from your office, we beg to offer the following explanations, viz : That the said vessel was built by IMessrs. Roosevelt, Joice, & Co., of this city, under a contract made in the month of April last, after the model of the barque Penguin ; that she was designed for the China trade ; that there is nothing peculiar in her construction, apart from the rig, which was adopted with particular reference to economy in men ; that, in pursuance of the original intention, she was advertised some throe weeks since for Shanghae, since which she lias been receiv- ing frciglit for that port ; that she has on board, from Messrs. Fogg & Brothers, 200 tons of coal, a quantity of naval stores, and a variety of ship-chandlery, for their house in Cliina, with a little other general freight, with which she is expected to sail the coming week, under the command of Captain Fletcher, for the port above named. We further declare, that in addition to the ordinary armament of a vessel of her class, she has but two deck guns, supposed to be neces- sary in consequence of the great increase in the number of ]>irates on the coast of China ; that the other guns, shot, &c., on board, as per subjoined list, were purchased under an order from an American gen- tleman at Canton, and shipped per "Maury" on freight; that said vessel has four spare spars, one fore-topgallant mast, one fore-tep- gallant yard, one main boom, one main gaff-boom, and five extra stud- ding-sail booms; and that her crew will consist of but twelve or fourteen men before the mast. They furthermore declare that the vessel received the name of "Maury" in the month of May last, not to dishonor a man of whom our country has so much reason to be proud, but to bear upon an honorable mission the name of him who has done so much to improve navigation. The undersigned jjledge themselves to prove to the satisfaction of the British consul, while the vessel is still under the charge of the United States marshal, that the allegations made against tlie vessel are false; that she has no guns or materials of war under her coal, asking only that the expense to which they may be thus sub- jected shall be borne by the said consul when, and only when, the 236 BRITISH RECRUITMENT statements upon which the vessel has been so unjustly seized are fully disproved. Finally, they declare that the Russians have no connexion what- ever with the enterprise in question. A. A. LOW, Of the Firm of A. A. Loiv & Brothers. Hon. John McKeon, U. S. District Attorney. On freight 10 guns, 62 boxes of shot. Sworn to before me, this 18th day of October, 1855. GEORGE F. BETTS, U. S. Commissioner. I hereby swear that I am cognisant of the facts mentioned in the foregoing statement, and that they are true. NATH. B. PALMER. Sworn to before me, this 18tli day of October, 1855. GEORGE F. BETTS, U. S. Commissioner. No. 15. In the matter of the " 3Iaury." New York, October 19, 1855. Dear Sir : From the explanations made in the case by Messrs. A. A. Low & Brothers, under oath, and your own very proper sugges- tions, I deem it reasonable that you should be left entirely free ; con- fessing that, although statements to me were very strong, it would be but fair towards the owners to " lift" the libel. I remain, dear sir, yours always, very respectfully, CHARLES EDWARDS. John McKeon, Esq., U. S. District Attorney. No. 16. Southern District of New York, U. S. District Attorney's Office, October 19, 1855. Sir: Since filing the libel against the barque " Maury," reported to you on the 17th instant, I have been attended by one of the firm of A. A. Low & Brothers,, the owners of the "Maury," who fur- nished me an original statement, which I enclose. IN THE UNITED STATES. 237 Charles Edwards, esq, was iiresent when the exjdanations wero made, and has addressed to me a letter, of wliicli 1 traiisinit a C()})y. Upon a full view of all the circumstances, I deemed it rij^lit to order a discharge of the vessel, and to ask your concurrence in dismissina the libel. * I have the honor to remain, sir, your obedient servant, JOHN McKEON, Hon. Caleb Cushing, Attorney General V. S. U. S. District Attorney. No. 17. Attorney General's Office, October 19, 1855. Sir : I have the honor to enclose herewith a copy of a letter this day received from Mr. McKeon, attorney of the United States for south- ern New York, reporting the institution of process against the vessel called " Maury/' as to which complaint has been made by the British minister, alleging that said vessel ig armed, in violation of law, to cruise against a friendly power. I am, very respectfully, C. CUSHING. Hon. William L. Marcy, Secretary of State. No. 18, Attorney General's Offici-:, October 22, 1855. Sir t I have received your letter of the 19th instant, communicating the result of inquiry regarding the barque " Maury." The allegation against that vessel was improbable on its face ; but, determined as the President is not to suffer any one of the belligerent powers to trespass on the neutral rights of the United States, it was deemed proper to investigate the case, out of respect for tlie British minister' through whom the British consul at New York preferred complaint in the premises. It is made manifest, by the documents which you transmit, that the suspicions of the British consul as to the character and destination of the "Maury" were wholly erroneous ; and justice to lier owners and freighters requires that the libel against her be dismissed. I have the honor to be, very respectfully, C. CUSHING. Son. John McKeon, Attorney of United States, New York. 238 BRITISH RECRUITMENT Ko. 19. Attorney General's Office, October 22, 1855. Sir : I have tlie honor to communicate to j'oii the history and resiiiL of the proceedings in the case of the harque " Maury," of New York. In consequence of the British minister's communication to you of the 11th instant, and which you referred to me on the day of its re- ceipt, (the 12th,) hrief instructions were on the same day despatched by telegraph to Mr. McKeon, attorney of the United States for the southern district of New York, and more detailed instructions by mail the next day, requesting him to make immediate inquiry on the sub- ject of the. ''Maury," to consult thereon with Mr. Barclay^ the Brit- ish consul at New York, and, if sufScient probable cause appeared, to institute the proper process against her in the district court. These instructions were induced by the documents communicated by the British minister, copies of which were transmitted by me to Mr. McKeon. The documents consisted of — 1. An affidavit by Mr. Barclay, setting forth that he believed, and expected to be able to prove, that the "Maury" was built, fitted out, and armed, with intent to be employed by the Kussian government to cruise against the subjects of Great Britain, and that he stood ready to bring forward his proof thereof. 2. An affidavit of one Cornell, purporting to be a police officer in New York, who professes to describe the build, equipment, armament, and cargo of the '^ Maury," and concludes with expression of belief that she was built, armed, and equipped by the Kussian government for war purposes against Great Britain. 3. An affidavit of one Craft, also purporting to be a police officer in NcAv York, who speaks more guardedly, briefly describes the visi- ble armament of the "Maury," repeats hearsay as to her freight, and expresses belief that she is a vessel of war. 4. Finally, the affidavit of Mr. Edwards, a counsellor-at-law in New York, understood to be counsel for the British consul, who says that he verily believes that the "Maury" was built, equipped, and loaded by and for the Kussian government, to be used in the present •war against the vessels and subjects of Great Britain. Mr .Edwards then proceeds to state that a person, who he believes has been in the pay of the Kussian government, gave him a full ex- planation of the armament and destination of the "Maury." He (Mr. Edwards) "gathered from the person referred to," that the plan of the " Maury" was to attack and capture one of the Cunard British mail steamers, arm the prize, and, after being joined by other vessels of the same construction, built and fitted out by the Russian govern- ment, to proceed to attack the " British possessions" in the East In- dies. The representations concerning the " Maury," which Mr. Edwards thus adopted, were so grossly improbable on their face, and had so much the air of a contrivance to impose on him, and, through him, IN THE UNITED STATES. 239 tlie British consul, as to produce some hesitation in my mind as to the propriety of instituting process in the case ; hut tlie si)ecific and positive statements of Cornell and Craft, especially tlie former, as to the huild, rig, armament, and imputed contents of the vessel, seemed to me, on the whole, to justify and rc(iuire an examination of the case, at the hazard of possible inconvenience to innocent parties. To make such examination effectual, it was necessary to libel the *' Maury," and place her in charge of the marshal. I have now received from Mr. McKeon a report of the result of the investigation. It appears that the " Maury" was owned in part by Messrs. A. A. Low & Brothers, who have afforded satisfactory information as to her construction, character, and destination. They make affidavit that she was built and equipped for trade with China, having, in addition to the ordinary armament of vessels in that business, only two deck-guns, deemed requisite on account of the increase of piracy in the seas of China. It further appears, by these explanations, that the statements made as to the guns and munitions of war and extra spars on board the "Maury" were inaccurate, to use the mildest admissible expression; that the surmises as to the illegality of her character are not sub- stantiated by proof; and that she is, in fact, advertised for general affreightment, and receiving cargo destined for Shanghae. Neither Mr. Barclay nor Mr. Edwards brought forward any evi- dence to contradict these facts ; on the contrary, Mr. Edwards has, in a letter addressed to Mr. McKeon, expressed his conviction of the propriety of dismissing the libel ; which is also recommended unre- servedly by Mr. McKeon. Under these circumstances, it affords me pleasure to enable you to give assurance that the Cunard mail-steamers may continue to enter and to leave our ports, without apprehension of being captured by the " Maury," and converted into Russian men-of-war for the prosecu- tion of hostilities in the East Indies. I annex copies of Mr. McKeon's report; of the affidavits submitted by parties interested in the " ]\Iaury," or in her lading ; and of the letter of Mr. Edwards to Mr. McKeon. I am, very respectfully, C. GUSHING. Hon. Wm. L. Marcy, Secretary of State, No. 20. Southern District of New York, U. S. District Attorney' s Office, New York, November 20, 1855. Sir : I have the honor to enclose a copy of a letter received from Hon. M. H. Grinnell. I am not aware of any objection on our part, but still 1 desire to 240 BRITISH RECRUITMENT have your assent to tlie application before I deliver the papers referred to in Mr. Grinnell's letter. Very respectfully, JOHN McKEON, Hon. Caleb Gushing, Attoimey General, &c. United States District Attorney. No. 21. To John A. Stevens, Esq., Chairman of Committee of Chamber of Commerce. The barque "Maury" was launched about the last of September ; and, at an early day thereafter, the undersigned agreed, with Fogg Brothers, of this city, to take for them to the port of Shanghae, in China, two hundred tons of coal, one thousand barrels of merchandise, and seventy to eighty tons of measurement goods. The coals not being at once available, ten mounted guns and their equipments, intended to have been sent by the " N. B. Palmer," but not ready in season for her, were sent to the vessel to be placed in her bottom, and to serve as ballast till the coal could be had. When this •was 1 ut on board, the guns were raised between decks, and shortly afterwards the vessel was moved to her berth at pier 27 East river. Having been publicly advertised by the undersigned for the port of Shanghae, in five daily papers, the "Maury" was receiving freight at the place above named on the seventeenth day of October, at 2 to 3 o'clock p. m., when the United States deputy marshal appeared on board, displaced the captain, and ordered the hatches of the vessel to be closed. Captain Fletcher immediately made known to us what had taken place, and the writer repaired to the office of the United States district attorney to obtain an explanation. He was in court, and appointed the following morning for an interview. At 9 a. m. of Thursday, the 18th, the writer called at his office with his partner, Mr. Lyman, and Mr. Fogg, of the firm above referred to, and finding that the vessel had been seized by reason of information lodged against her by the British consul, as set forth in the accompanying deposition, the following statement was drawn up and sworn to. [See No. 14.] This, the district attorney said, he would forward to Washington. In the meantime, he was willing to release the vessel on our giving bail, which we thought it best not to do. From the district attorney the writer went to Mr. Barclay, made the explanations which had been given to the former, showed the order under which the guns had been purchased, and requested a withdrawal of his complaint against the barque. Mr. Barclay was not willing to act without first seeing Mr. Edwards, his counsel, and a party to the complaint. When called upon a second time, the state- IN THE UNITED STATES. 241 ment made to the district attorney was read to liira, hut he was still unwilling to act without Mr. Edwards. On the following da}^ about lorty-eight hours after the vessel was seized, Mr. Edwards called at the district attorney's office, withdrew the complaint, and the libel was lifted without any charge to the own- ers of the "Maury." It is due to the district attorney to state, that in the meantime the vessel was allowed to receive cargo under the surveillance of two of the marshal's men. On Monday, the 22d, Mr. Barclay called at the office of the sub- scribers, and expressed his regret that he had occasioned us so much trouble ; and was told tiiat the least he could do was publicly to ac- knowledge the error into which he had been betrayed, and to say that the vessel had been seized in ignorance of her ownership. A paragraph from the Boston Daily Advertiser was shown to ]\Ir. Barclay, as an evidence of the exaggerated character the report of the vessel's seizure was assuming in other places. On Wednesday, the 24th, the following appeared in the New York Herald : " Misrepresentations on the above subject having been published in various newspapers — among others, that munitions of war were found on board, ' secreted under a quantity of cotton ' — I desire to disabuse the mind of the public of that impression, by stating that such was not the case. " Had my endeavors, made before information Avas formally lodged, to ascertain the owners of the ship Maury, succeeded, the explanations which that respectable firm^ Messrs. A. A. Low & Brothers, gave after the libel was filed would have been sought by me, and no doubt would have been given before, and the course which was adopted would not have been resorted to. " A. BARCLAY, H. B. 3L's Consul ''New York, October 23, 1855." The undersigned beg to say, that it had been publicly announced in New York papers, again and again, that the vessel was building for them ; she was i)ublicly advertised in tlieir name ; insurance had been done upon her to a large amount in AVall street ; the deponents Cor- nell and Craft are well known to the builders, are accustomed to be in their yard almost daily, and it is impossible to resist the conviction that to them at least it was known for whom she was preparing for sea. They respectfully ask, then, if the evidence upon which the com- plaint is founded should be weighed against the character and standing of respectable and responsible men ; if it was of a nature to warrant so extreme a measure, without the most rigid inquiry in a proper direc- tion ; and, when shown to be utterly worthless, whether the apology of Mr. Barclay was of that prompt and ample character which one honorable man should delight to make to another whose reputation he has. unwittingly, unjustly called in question ? A. A. LOW & BROTHERS, By A. A. Low, Ex. Doc. 35 16 242 BRITISH RECRUITMENT No. 22. City and County of New York, ss. John N. Cornell, policeman of the eleventh district of this city, acting as dockmaster^ being duly sworn, doth depose and say : That in September last he was applied to, by the person acting as mate of the three-masted schooner or ship " Maury," then launched about one week from the shipyard of Koosevelt, Joice, & Co., to give said vessel a berth at the foot of Stanton street, East river. That this deponent gave said vessel a berth, and was in the habit of seeing her every day wdiilst she lay at that berth. This deponent further says, hisparticu- lar attention was called to said vessel by some cartmen telling him that they had seen cannon going on board, and asked this deponent if he knew what it meant. " This deponent was then invited by the mate to go on board, which he did, and was sliown by the said mate several cannon in the hold, and some small-arms in the cabin, and said mate at the same time remarked to mechanics working on board that he supposed there v»\as a vessel of war waiting outside for us, and here was an officer on board (alluding to this deponent) ready to take possession of the vessel. And this deponent further says, that in re- ply to an inquiry made of the said mate, he said he had shipped on board the " Maury " to go to the China seas, but that he had a damned queer cargo to go there. And this deponent, from these circumstances, and from what he had seen, had his suspicions excited that all was not right, and so ^stated in general conversation in his family, and in ihe presence of his son, John T. Cornell, a law student or clerk in the law office of Charles Edwards, esq., attorney at law, 35 Pine street, this city. A few daj^s after this conversation in the family of this deponent, his son told this deponent that his employer, Mr. Edwards, would like to see him; and one or two days thereafter he repaired to the oflice of said Edwards, and in reply to his inquiries, and at his request, narrated the above circumstances ; the said Edwards at the same time telling this de- ponent that some person, a stranger to him, had made to him similar statements. And this deponent further says, that said Edwards stated that the person who had been his informant told him that it was de- signed to fit out the " Maury " as a Russian xnivateer, for the purpose of capturing one of the Cunard English steamers, and asked this deponent to make an affidavit of what he had seen and heard of this vessel, and all other particulars relating to her or her equipment ; but that this deponent should first get some person who was better ac- quainted with vessels, also to go on board and see what he could, as combative, particularly whether the vessel looked like a vessel of war. And this deponent further says, that said Edwards told him that if he, this deponent, could be the means of detecting this move- ment, and it should turn out that the vessel was being fitted out for such a purpose, this deponent would receive a large reward. This deponent then returned to the station-house, and informed Lieutenant Craft of the circumstances, knowing that said Craft had been a ship- IN THE UNITED STATES. 243 carpenter by profession, and was a judge of vessels. 8aid Craft con- sented to go on board and look at the "]\Iaury," and did go on board and make examinations. And this deponent further says, tluit ho and said Craft, a few days afterwards, went down to the olfice of said Charles Edwards, at whose request both this deponent and Crait went to the office of the United States district attorney, to make oath to the affidavits in the premises, which had been previously drawn up by said Edwards in his own office. And this deponent further says, that at the office of the district attorney he was presented to John McKcou, esq., to whom he stated the whole matter, and who, after reading this deponent's affidavit, stated that it was very susj)icious, and tliat he thought there was enough to seize the vessel, and informed tliis deponent that, if tliere could be sufficient evidence obtained to seize the vessel, this deponent "would make a good thing of it." And this deponent further says, that about one or two weeks after this, his son, John T., informed him that the owners, ]\[essrs. Low, had explained everything satisfactorily to Mr. Edwards, and that the "Maury" had been allowed to sail. JOHN N. CORNELL. Sworn before me, this 23d November, 1855. FERNANDO WOOD, MaTjor. William D. Craft, lieutenant of the 11th district police, being duly sworn, deposes and says : That he is the person alluded to in the depo- sition above made by John N. Cornell, and that the said deposition is true, of his own knowledge, so far as it refers to this deponent going on board of the "Maury" at his request, and making an affidavit at the office of Mr. Charles Edwards, at the request of said Edwards. And this deponent further says, that his suspicions were soraewliat excited as to the character of the "Maury," from her model, her rig, the armament on board, and the general rumor as to Russian pri- vateers. WM. D. CRAFT. Sworn to this 23d November, 1855, before me. FERNANDO WOOD, Mayor. 34th Congress, ^ SENATE. ( Ex. Doc. 1st Scssio7i. 5 ) No. 35. MESSAGE PRESIDENT OF THE UNITED STATES, IN COMPLIANCE WITH A resolution of the Senate of the 2Sth instant, calling for information relative to any proposition submitted to the United States government by that of Great Britain, to refer the difference between the two gov- ernments of the construction of the treaty of July 4, 1850, to arbi- tration. Febrdary 29, 1856. — Read and ordered to be printed, and that 10,000 additional copies be printed, 1,000 of which shall be for the use of the State Department. To the Senate of the United States: I transmit a report from the Secretary of State, with accompanying papers, in answer to the resolution of the Senate of yesterday. FRANKLIN PIERCE. Washington, February 29, 1856. To the President of the United States: The Secretary of State, to whom was referred the resolution of the Senate of yesterday, requesting the President, if in his opinion it he not incompatible with the public interest, to inform that body '•'whe- ther any offer has been made by the government of Grreat Britain to tlie government of the United States to refer to the arbitrament of some friendly power, or otherwise, the questions in difference between the tAvo governments, upon the construction of the convention ot 4th July, [19th April,] 1850, with any correspondence touching or concerning such proposed arbitration," has the honor to lay before the President the papers mentioned in the subjoined list, which contain all the in- formation in this department called for by the resolution. All which is respectfully submitted. W. L. MARCY. Department of State, Washington, February 29, 1856. 246 CONSTRUCTION OF TITEATY : List of papers accompanying the report of the Secretary of Stale to the President, of the 22th of February 1856. Mr. Buclianan to Mr. Marcy, (extract,) November 21, 1854. The same to the same, (extracts,) November 2, 1855. The same to the same, (extract,) November 9, 1855. The same to the same, (extracts,) Februarys, 1856. The same to the same, (extract,) February 8, 1856. Mr. Crampton to Mr. Marcy, February 27, 185G. Lord Claremlon to Mr. Crampton, November 10, 1855. Mr. Buchanan to Mr. 3Iarcy. [Extract.] [No. 49.] Legation of the United States, London, November 21, 1854. C-T-p. 5j< ^ JfC ^ >lC ^ Ijl 5(1 In the course of the conversation, he intimated that it might be de- sirable to have the opinion of a third power on the true construction of the convention. To this I pLayfully observed that it would now be difficult to find an impartial umpire, as they had gone to war with our arbitrator, the Emperor of Kussia. This was, however, but a mere intimation on his part. I then urged upon him, as strongly as I could, the reasons which I thought ought to induce the British government to relinquish the Bay islands to Honduras. He replied, that these islands were not of the least value to Great Britain, and the only question with them was whether the national honor did not forbid this course. * * :!< :J; jH ;;< * * * Yours, very respectfully Hon. William L. Marcy, Secretay^y of State. JAMES ^BUCHANAN. Mr. Buchanan to Mr. Marcy. [Extracts.] [No. 99.] Legation of the United States, London, November 2, 1855. According to the appointment mentioned in my last despatch, I met Lord Clarendon yesterday afternoon at the Foreign Office. REFERENCE TO ARBITRATION, 247 In the course of the conversation I observed to him, that the most serious difficulty between the ^governments might arise out of tlie Central American (iuestions. He said that when two governments disagreed about the construction of a treaty, the best and'' most natu- ral mode was to refer the question to a third power. At an earlv period of the negotiation he had made this suggestion ; but I had jocularly replied that the Emperor of Russia Avas^'the onlv power suffi- ciently independent to act as an impartial umpire in tlie case, and they had gone to war with liim, =!=**** Yours, verv respectfuUv, ,, ,,, " JAMES BUCHANAN. Hon. William L. Marcy, SecretarTj of State. Mr. Buchanan to Mr. Marcij. [Extract.] [No. 101.] Legation of the United States, London, November 9, 1855. Sir : I had an interview with Lord Clarendon on yesterdav by ap- pointment. * * '■'- * * * * * ' * He then said. About these Central American questions, the best mode of settling tliem is by arbitration. I replied there was notliing to arbitrate. He said the true construction of tlie treaty was a proper subject for arbitration. I told him I did not consider it a question for construction at all; the language was plain and exjjlicit, and I thought this would be the almost unanimous opinion of the American people ; but, in writing to you, I should mention what he had now said, as I had done what he had said at our Ibrmer interview. * * Yours, very resi)ectfully. Hon. William L. Marcy, Secretary of State. JAMES BUCHANAN, Mr. Buchanan to Mr. Marcij. \ [Extracts.] [No. 119.] Legation of the United Statf;3, London, Febi-uari/ 5, 1850. <^jj^ ************ Ere this can reach Washington, you will have read the siieeclics of Lord Derby and Lord Clarendon in the House of Lords on Tltm-sdMy evening last, which will speak for themselves. 248 CONSTRUCTION OF TREATY: Lord Clarendon says, in relation to the Central American questions: ^'^ In such a case correspondence is useless, and I lost no time in of- jfering to refer the whole question to the arbitration of any third power, both sides agreeing to be bound by the decision. That offer has not yet been accepted ; it has been renewed, and I hope that, upon further consideration, the government of the United States will agree to it." It is, therefore, proper for me to state, as a matter of fact, that I have reported to you, in the most faithful manner, every conversation which has passed between Lord Clarendon and myself on the subject of a reference of these questions to a friendly power. As I have never learned that the British government has made any such offer to the government of the United States through Mr. Crampton, I infer that his lordship must have referred to the general conversations be- tween him and myself, which would by no means justify the broad terms of his statement. Thus much merely to vindicate the truth of history. * * * * * * 5i: * Yours, very respectfully, JAMES BUCHANAN. Hon. William L. Makcy, Secretary of State. Mr. Buchanan to Mr. Marcy. [Extract.] [No. 120.] Leoatign of the United States, London, February 8, 1856. Sir: On Wednesday last, the 6th instant, I had an interview with Lord Clarendon at the Foreign Office. I told him I desired to ascer- tain whether the statement "he had made in the House of Lords on the evening of Thursday, the 31st ultimo, that the British govern- ment had made to the American government an offer, which ^ has been recently renewed, to arbitrate the Central American questions, was founded on what had passed between him and myself in con- versation ; or whether he had instructed Mr. Crampton to make to you, in writing, a formal proposal for arbitration. He replied, that his statement was founded on our different conversations ; and that, in these, he had several times proposed to me a reference of these questions to arbitration ; and he expressed the hope that I had com- municated his propositions to my government. I informed him that I had faithfully reported to you all the conversations we had held in reference to an arbitration; but I had not believed that what he had said on these occasions amounted to such an offer as could be recognised by our government as a foundation for specific action on so grave a matter. I added, that I did not doubt REFERENCE TO ARBITRATION. 240 you were of the same opinion, as I had nover received a line from you on the subject. He observed, that before hohling these con- versations with me, he had consulted the cabinet, and spcjke tlieir ^sentiments as well as his own. I remarked that this fact had now, for the first time, been communicated to rae. If he had informed me of it at the time, this would have given his conver- sation a more serious character, and caused it to make a deeper impression on my mind. He said he had thought that, as a matter of course, I would consider what he had said to me had been said after consultation with the cabinet. In reply, I observed that I had thought, when'one nation desired to propose to another the submis- sion of an international dispute to arbitration, this would be done by writing, and in due form. Such had been their own course when they pro])Osed to arbitrate the Oregon question. Besides, the President might, if he thought proper, consult the Senate on the (juestion ; and what would be thought by that body, if such a proposition were pre- sented to them in the loose form of various conversations between him and myself, which, after all, I might, through mistake or inad- vertence, not have reported correctly? He said that what he had done he considered the preliminary step ; and if our government had indicated any satisfaction with it, they would have been ]>rei)ared to proceed further ; but from Avhat I had said to him, he did not think they had received much encouragement. I told him that when- ever I had spoken to him upon the subject, I had always been careful to assure him that I was expressing my own individual sentiments, without any instructions or information from my government ; and that these remained unchanged. I also observed that liis last letter to me, finally denying our construction of the treaty, and forming an issue between the two governments, might appropriately have con- tained a proposition for arbitration ; and in this manner the ques- tion might have been brought in regular form before our government. He then, for the first time, informed me that he had addressed a des- patch to Mr. Crampton on the subject, with instructions to him to read it*to you. He then sent for it and read it to me. I believe it is dated in November ; but a f^opy being doubtless in your posses- sion, it will speak for itself; and he informed me that all you had said about it to Mr. Crampton was, that the matter was in Mr. Buchanan's hands. He proceeded to express a decided opinion in favor of arbitration, and said that when two friendly governments disagreed upon the construction of a treaty, the natural and appropriate course was to refer the question to a third friendly power. He had ever firmly believed their construction of the treaty to be correct. He thcn^ re- quested me to communicate to you their proposal for an arbitration, and how anxious they were that the question might be settled in this manner. I told him I should cheerfully comi)ly with his request, but repeated that my own individual opinions remained unchanged. I con- sidered the language of the treaty too clear ior serious doubt; aiid such I believed was the opinion of public men of all parties in the United States. This had been evinced by the recent debate in tlie »Senate on the Tresident's message. Besides, the difiiculty of selecting a suitable Ex. Doc. 35 17 250 CONSTRUCTION OF TREATY: sovereign as an arbitrator seemed insurmountable. But I said this was a question for my government, and not for myself. Tours, very respectfully, JAMES BUCHANAN. Hon. William L. Marcy, Secretary of State, Mr. Crampion to Mr. Marcy. [EeceiTed at the Department of State on the 27th of February, at 11 o'clock p, m. j Washington, February 27, 1856. My Dear Sir : Observing that some misapprehension seems to exist as to the offer made by Lord Clarendon to Mr. Buchanan, to submit the points regarding the interpretation of the Ciayton-Bulwer treaty, upon which the two governments disagree, to arbitration, I think it well to send you the enclosed despatch, which I received from Lord Clarendon on the subject in December last. I regret not having made you this communication before ; but the truth is, that the last paragraph of the despatch escaped my attention until I referred to it lately ; and as I was aware that the negotiation of the question regarding Central America was in Mr. Buchanan's and Lord Clarendon's hands, I considered the despatch as meant merely for my own information as to what was going forward upon a subject in re- gard to which I inferred you were already informed. Believe me yours, very faithfully, JOHN F. CRAMPTON, P. S. — I send the original despatch, which I will beg of you to return to me, but I have no objection to your taking a copy of it. J. F. a Lord Clarendon to Mr. Crampion. [No. 258.] Foreign Office^ November 10, 1855. Sir : Mr. Buchanan having, in the course of conversation a few days ago, adverted to the impression that would be created in the Uni- ted States by the non-settlement of the Central American question, I again assured him that England had no wish to extend her influence, or to obtain any territory in that part of the world ; and I reminded him that, as the difference between this country and the United States turned solely upon the interpretation of the treaty of 1850, I had of- fered, on the part of her Majesty's government, to submit the case to the arbitration of a third power, but that he had declined the offer. REFERENCE TO ARBITRATION. 251 Her Majesty's government, I said, would still abide by tbat offer, and thougbt it would be the fairest and most amicable manner of arrivinn- at a settlement of the question. "^ Mr. Buchanan said he would make it known to his government, and 3'ou are instructed to communicate tliis despatcli to ^Ir. 3Iarcy. 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