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teniently be made a place of rendezvous for such persons, and whether arrangements could be made for their enlistment and training. There are several points to be considered. In the first place, how to bring the volunteers from their residence in The United States to Nova Scotia. On this point I have to desire that you will communicate confidentially with Mr. Crampton. Her Majesty's Government are desirous of having your opinion on the practicability of the scheme I have suggested, without delay.

The next question will be, how to dispose of those who may be found fit for service after their arrival in Nova Scotia; and how to dispose, afterwards, of those who might be rejected on inspection. As to these points, your advice is particularly requisite.

These questions are particularly addressed to you as to the enlistment of private soldiers. But I have to request that you will consider, in concert with Mr. Crampton, how fit officers can be best provided, and that you will favour me with any suggestions you may have to offer on this point.

Her Majesty's Government are anxious to keep this subject wholly distinct from that of levying native soldiers in Nova Scotia, on which you have been already privately consulted.

Should the scheme appear practicable, further directions as to the selection of recruits among the foreigners or British subjects who may present themselves, would be at once transmitted to

you.

Copy of this despatch is sent to Mr. Crampton, at Washington, by this mail; you will therefore be able to enter at once into confidential correspondence with him on the subject of it.

Sir Gaspard le Marchant.

I am, &c.

S. HERBERT.

No. 8.-The Earl of Clarendon to Mr. Crampton. (Extract.) Foreign Office, February 16, 1855. I TRANSMIT to you herewith, for your information, a copy of an instruction addressed by the Secretary of State for the Colonial Department to Sir Gaspard le Marchant, with respect to foreigners or British subjects in The United States, who, Her Majesty's Government have been given to understand, are desirous of enlisting in the service of Her Majesty.

The subject is one which engages the earnest attention of Her Majesty's Government, and you will use your best endeavours to give effect to their wishes.

You will communicate with Sir Gaspard le Marchant and Her Majesty's Consuls in The United States upon this matter; but you will bear in mind that, however desirous Her Majesty's Government

may be to obtain recruits, they are still more anxious that the laws of The United States should be scrupulously respected; and you will yourself take care, and recommend the utmost caution to Her Majesty's Consuls, that no cause of complaint on this ground be given to The United States' Government.

I inclose copies of the Act of Parliament allowing foreigners to be enlisted, and to serve as officers and soldiers in Her Majesty's forces.

J. F. Crampton, Esq.

CLARENDON.

No. 9.-Governor Sir Gaspard le Marchant to the Right Hon. Sidney Herbert.-(Received March 12.)

(Extract.)

Halifax, Nova Scotia, March 1, 1855. REFERRING to your despatch of the 16th February last, I beg to inform you that I have deemed it prudent, instead of entering upon a correspondence that might occasion delay, to select a person who enjoys the confidence of my Government, and in whose discretion and ability I have full reliance, to proceed to Washington, and put himself in direct communication with the British Minister.

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The gentleman to whom I refer fully comprehends the views and policy of Her Majesty's Government; and you may be assured that nothing will be done that can give just cause of umbrage to the Government of The United States.

Men can be brought to Halifax in the packets that regularly ply between this and either Boston or New York.

The Right Hon. S. Herbert.

GASPARD LE MARCHANT.

No. 10.-Mr. Crampton to the Earl of Clarendon.—(Rec. Mar. 30.) (Extract.) Washington, March 12, 1855.

I HAVE the honour to inform your Lordship that I have lost no time in taking such measures as are within my power for the furtherance of the wishes of Her Majesty's Government to obtain recruits for the army, as conveyed to me by your Lordship's despatch of the 16th ultimo.

In order that no misconception or mistake should arise in regard to this matter, which is justly regarded by Her Majesty's Govern. ment as one of primary importance, and which is indeed an indispensable condition to success in the objects they desire to effect, I have caused the legal opinion in regard to the bearing of the neutrality laws of The United States in this matter, of which I have the honour to inclose a copy, to be drawn up by an eminent American lawyer, in the soundness of whose views--both professional and political-I place the firmest reliance. I have sent copies of the

same to such of Her Majesty's Consuls as may be required to act in the matter we have in hand.

Your Lordship will no doubt perceive that the provisions of the Neutrality Act will restrict our operations within very narrow limits, but I feel convinced that your Lordship will approve of my having strictly enjoined upon Her Majesty's Consuls to keep rigidly within the limits of the law according to its true meaning and intent, as well as according to the letter of its provisions.

I have the honour to inclose the copy of a despatch which I have addressed to Sir Gaspard le Marchant.

The Earl of Clarendon.

JOHN F. CRAMPTON.

(Inclosure 1.)-Opinion upon Enlistment in The United States. Acr of Congress, 20th April, 1818, commonly called the " Neutrality Act, 3 Stat. 447."

By the second section of this Act, a person enlisting himself within The United States, for foreign service, is punishable; and the person who enlists him, is also punishable. This is the case of a complete enlistment within The United States; both parties to which contract are offenders. But it was apparent that if the statute stopped here, nothing would be easier than to evade its provisions. Good faith required that it should, if possible, be made to reach and prevent the mischief against which it was directed.

Accordingly it is made equally an offence "to hire or retain" any person to go beyond the limits or jurisdiction of The United States, "with intent to be enlisted." The offender in this case is the party hiring or retaining another to go, &c., with intent, &c.; and is complete by the fact of such hiring or retaining, whether I the party so hired or retained actually go abroad and be enlisted or not. The proof thereof would be ordinarily found at hand, if found at all, and might be drawn from the other party to the contract, who could interpose no objection on the score of criminating himself, since, as to him, there is no offence except by enlistment within The United States, which the supposed case excludes. The danger of volunteer witnesses among such people would also be very great. But the question is, what would amount to a "hiring or retaining ?"

These words in this particular connection would be construed with a view to prevent the evasion of the statute, this being the evident intent of the prohibition we are considering.

In The United States v. Quincey (6 Peters), a case under the third section of the Act, the Supreme Court proceeded in that spirit of construction. I think the words "hire or retain" susceptible of a very broad interpretation in such a statute. I incline to think they would be held to reach every case of payment, ex

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penditure, or other valuable consideration (however ingeniously devised) moving from the party charged to another person, to the end and with the intent that such other should " go beyond," &c. "Do ut facias," or "facio ut facias.”

The facts and circumstances tending to prove the offence, how ever inconsiderable, being given in evidence, it would be for the jury to find the intent.

The proceedings at New Orleans* furnish no guide to a safe conclusion as to similar proceedings in another quarter, or involving other topics of popular speculation and excitement.

If there were any facts tending to prove the offence, they must be submitted to the jury; and the judge could do no less than charge them that no scheme or device to cover the real nature of the transaction, if they saw through it clearly, could relieve them from the duty of convicting the traverser.

When we consider the necessity of something like an inspection; the unavoidable coincidence of numbers of emigrants; the malice of rejected applicants; the inducements to treachery; the natural vigilance of a certain portion of the community in such a matter, and through them the action of the press and of the police; I think the least to be apprehended is a prosecution, whatever its result; and in that event the connection of any official person, however indirect or faintly traced, would more than counterbalance the advantages proposed.

(Inclosure 2.)—Mr. Crampton to Sir Gaspard le Marchant. (Extract.) Washington, March 11, 1855. A COPY of the instructions addressed to your Excellency by the Secretary of State for the Colonial Department has already been forwarded to me by the Earl of Clarendon, accompanied by an instruction from his Lordship to myself to use my best endeavours to give effect to the wishes of Her Majesty's Government, and with that view to communicate with your Excellency for the purpose of obtaining your co-operation in regard to such measures as may be adopted with safety; and with a scrupulous respect to the provisions of the law of The United States.

Thus, though not empowered by Her Majesty's Government to raise or embody in The United States troops for Her Majesty's service for this would be obviously impracticable in view of the existing laws of this country-I feel fully authorized to use such means as may be within my power, and are legal, to meet the views of Her Majesty's Government.

The just anxiety which is felt by Her Majesty's Government to avoid the possibility of any cause of complaint on the part of the

* General Quitman's case.

Government of The United States has induced me to give this part of the subject my best consideration; and with a view of avoiding the possibility of any misconception or mistake, I have caused the legal opinion, of which I have the honour to inclose a copy, to be drawn up by an able American lawyer, stating the bearing of the Neutrality Laws of The United States upon the matter.

I have furnished your agent with a copy of this opinion for his information and guidance, and I have directed him to confine his operations, in the first instance, to making inquiries as to the desire which may exist among the inhabitants of the eastern cities of The United States to enter Her Majesty's service, to inform such persons generally of the disposition of Her Majesty's Government, to accept such properly qualified candidates as may offer themselves, to make them acquainted with the terms upon which the enlistments will be made, and with the places within the British dominions to which they may repair for the purpose of being enrolled, carefully abstaining, however, from entering into any agreement with such persons, or from doing anything which might be construed into "retaining or hiring" any individual to emigrate for the purpose of enlisting in the British service. Any advance of money by Her Majesty's agents, or others, in The United States, would constitute an infraction of the Neutrality Law.

Sir G. le Marchant.

JOHN F. CRAMPTON.

No. 11.-Consul Mathew to the Foreign Office.-(Rec. April 4.) (Extract.) Philadelphia, March 20, 1855. THE Neutrality Laws of The United States have been carefully kept in view by me and I trust by all others concerned, although I had some cause to fear inconveniences from the forward officious zeal of an Englishman, of the name of Perkins.

GEO. B. MATHEW.

No. 12.-Mr. Merivale to Lord Wodehouse.-(Received April 7.) (Extract.) Downing Street, April 7, 1855. I AM directed by the Secretary of State to transmit to you, for the consideration of the Earl of Clarendon, a copy of a despatch from the Governor of Canada, inclosing a copy of a letter from a gentleman of New York, offering to raise a number of men in The United States for Her Majesty's service.

Lord Wodehouse.

SIR,

HERMAN MERIVALE.

(Inclosure 1.)—Sir Edmund Head to Sir G. Grey.

Government House, Quebec, March 1, 1855,

I HAVE the honour to inclose a copy of a letter which I have received from New York, offering to raise a number of men in The [1856-57. XLVII.]

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