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should be glad if this despatch could be found among the papers

called for."

I am aware that in leaving this despatch with Mr. Marcy I have transgressed the regulations of Her Majesty's service, for which I must throw myself on your Lordship's indulgence, but Mr. Crampton was anxious that The United States' Government should not for a moment suppose that a project for enlisting troops for Her Majesty's service within The United States had ever been contemplated.

After reading the despatch himself Mr. Marcy said he had no doubt that the course pursued by Mr. Crampton was the proper one; he was, indeed, convinced of this from having seen Mr. Crampton's instructions to Her Majesty's Consuls when the question of recruiting in The United States first arose.

The Earl of Clarendon.

J. SAVILE LUMLEY.

No. 18.-The Earl of Clarendon to Mr. Lumley. (Extract.) Foreign Office, June 8, 1855. I APPROVE of your having communicated to Mr. Marcy my despatch to Mr. Crampton of the 12th of April last, respecting the proposed enlistment of foreigners and British subjects in The United States, and also of the language which you used on that Occasion, as reported in your letter to me of the 7th ultimo. J. S. Lumley, Esq.

CLARENDON.

No. 19.-Mr. Lumley to the Earl of Clarendon.—(Rec. June 11.) Mr LORD, Washington, May 21, 1855. THE correspondence, copies of which I have the honour to transmit herewith to your Lordship, will, I believe, serve to illus trate the difficulties which prevent many persons from leaving this country, who would freely emigrate for the purpose of serving in Her Majesty's armies, were the character of the Neutrality Laws of The United States less stringent and comprehensive than is actually the

case.

In my reply to Mr. Consul Dyer, I have endeavoured to convey, as clearly as was in my power, the views entertained by Mr. Crampton on this important subject. I have, &c.

The Earl of Clarendon.

J. SAVILE LUMLEY.

(Inclosure 1.)-Consul Dyer to Mr Crampton.

(Extract.) Mobile, May 7, 1855. Ox Saturday last I received a visit from the writer of the letter I have the honour to transmit herewith to your Excellency. He informed me that the object of his coming to me was for the purpose of saying that he, together with some 50 of his co.npatriots, was

most anxious to engage himself in Her Majesty's service, for the purpose of serving in the present war against Russia, and he wished me to advise him as to the best way of doing so.

I informed him that having received no instructions on the subject, it was quite impossible for me to advance his wishes, but that if he would address a letter to your Excellency, stating them, I would forward it in a despatch of my own, asking your Excellency's advice in the matter.

I was more particularly guarded in my manner of speaking to in consequence of the recent arrests in New Orleans of persons (said to be British agents) charged with violating the Neutrality Laws by their endeavours to enlist men for the service of Great Britain. I therefore did nothing in the matter but advise him to write to your Excellency, and promise to send his letter when

written.

This morning he brought me the document I transmit herewith; and at the same time I would ask your Excellency's instructions for : my future guidance in these cases, more especially as I have had at least ten applications from persons representing themselves as British subjects wishing to serve Her Majesty, to all of whom I have had to give the same answer, namely, that in consequence of having had no instructions on the subject, it was impossible for me to do anything for them.

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THE Undersigned most respectfully represents himself to your Excellency as a native of Poland.

The war in which the two great Western Powers are engaged against Russia has raised in me the ardent desire to secure a change, if possible, to fight against the oppressors of my country, and to furnish as many of my countrymen as I possibly can for the same purpose. I reside in Mobile, and there are from 45 to 50 Poles residing in the different counties engaged in business more or less profitable.

I have communicated with these gentlemen, and they have the greatest desire to be sent to the seat of war against their common enemy, and to serve as volunteers.

I most respectfully implore your Excellency to be informed, through the Consul of this city, if those men could be furnished with means necessary to proceed down to this place, and how they could be sent to their new destination. The men are all good soldiers, and moreover moral, sober, and industrious men. Might I be informed through the Consul here what could be done to forward

our wishes, and under what conditions we could reach the seat of war?

I have a family in this city, for which of course I would implore your Excellency to provide some means of assistance during my service in Her Majesty's army.

J. F. Crampton, Esq.

(Inclosure 3.)-Mr. Lumley to Consul Dyer.

(Extract.) Washington, May 13, 1855. In reply to your letter of the 7th instant, received this day by me in the absence of Mr. Crampton, I beg to inform you that, although the services of the gentleman and his friends would, without doubt, be gladly received by Her Majesty's Government, the very stringent and complicated nature of the Neutrality Laws of this country render it impossible to comply with his wishes as expressed in the communication inclosed in your letter.

By the laws above referred to it is not only illegal to enlist or recruit individuals of any nation within The United States for the service of a foreign Power, but equally an indictable offence to hire or retain any person to emigrate beyond The United States for the purpose of enlisting in foreign military service against a Power with whom The United States' Government is at peace. You have, therefore, acted with due discretion in replying as you have done to the offers that have been made to you. Her Majesty's Government are, however, naturally anxious to obtain as many recruits as possible, when they can be procured without infringing the laws of The United States, and as there exists no law prohibiting voluntary emigration for the purpose of enlistment, there is nothing to prevent any number of persous from proceeding to Halifax, or any other portion of the British possessions, where they will meet with every facility for entering Her Majesty's service. But a promise to pay the travelling expenses, or to provide for the family of any person who may join Her Majesty's service, as proposed by your correspondent, would not only deprive such emigration of its voluntary character, but would constitute a violation of the Neutrality Laws of The United States, and no proposition of this nature can therefore be entertained by Her Majesty's Minister or Consuls. There is, however, nothing illegal in giving full information on this subject to all who may require it.

W. M. Dyer, Esq.

J. SAVILE LUMLEY.

No. 20.-Mr. Lumley to the Earl of Clarendon.—(Rec. June 11.) MY LORD, Washington, May 29, 1855. I HAVE the honour to inclose an extract from the "National Intelligencer," giving an account of the trial before The United

States Circuit Court at Philadelphia of three persons, charged with recruiting soldiers for the British army within the territory of The United States; and I take the liberty of calling your Lordship's attention to the opinion expressed by Judge Kane on this occasion, "that the payment of the passage from this country of a man who desires to enlist in a foreign port does not come within the Act of 1818," commonly called the Neutrality Law.

The Earl of Clarendon.

I have, &c.

J. SAVILE LUMLEY.

(Inclosure.)-Extract from the "Daily National Intelligencer" of May 25, 1855.

ENLISTMENTS FOR FOREIGN SERVICE. - A hearing was had on Tuesday before The United States' Circuit Court at Philadelphia (Judge Kane presiding), in the case of Messrs. Hertz, Perkins, and Bucknell, charged with recruiting soldiers for the British army in the Crimea.

The defendant sued out a habeas corpus asking to be discharged from custody.

The testimony taken before Commissioner Heazlitt at the primary hearing was read by United States' District Attorney Van Dyke, and its application to the cases before the Court commented upon. He claimed to have the authority to indict the defendants under the Act of 1818. The second section, upon which the pro secution relies, reads thus:

"And be it further enacted, that if any person shall, within the territory or jurisdiction of The United States, enlist or enter himself, or 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, or people, as a soldier, or 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 mis demeanour, and shall be fined not exceeding 1,000 dollars and be imprisoned not exceeding three years."

Judge Kane said he had read the Act, and formed an opinion. He would reject from the consideration every argument founded on the punctuation of it. The phraseology of the second section is clear. The word "soldier" does not connect itself with any vessel. The important words in the Bill are "hire or retain," which include mutuality of engagement. "Contract" means one having paid, or engaged to pay or perform. 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. In the terms of the printed procla mation there is nothing conflicting with the laws of The United

* Vol. IX. Page 382.

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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 Perkins' case there was testimony upon which a jury might convict. In Bucknell's 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 going to Nova Scotia to enlist. If the rule I have laid down be correct, then the evidence does not connect him with the misdemeanour. Mr. Bucknell is therefore discharged, and Messrs. Perkins and Hertz are remanded to take their trial.

No. 21.-The Earl of Clarendon to Mr. Lumley. (Extract.)

Foreign Office, June 14, 1855. I APPROVE the letter which you addressed to Mr. Dyer, Her Majesty's Consul at Mobile, and of which a copy is inclosed in your despatch of the 21st ultimo, relative to the offer of a Pole to engage himself, together with about 50 others of his countrymen, in Her Majesty's service, for the purpose of taking part in the war against Russia.

You will convey to Mr. Consul Dyer my approval of the discretion with which he acted with regard to that offer.

J. S. Lumley, Esq.

CLARENDON.

No. 22.-The Earl of Clarendon to Mr. Crampton. (Extract.) Foreign Office, June 22, 1855. I COMMUNICATED to the War Department Mr. Lumley's despatch of the 21st ultimo, inclosing copies of his correspondence with Her Majesty's Consul at Mobile, with regard to an offer made by a Pole, resident in that city, to enlist several of his fellowcountrymen for Her Majesty's Foreign Legion.

I have been informed by Lord Panmure in reply, that his Lordship wishes all further proceedings in the matter of enlistment to be stayed, and the project to be definitively abandoned.

Corresponding instructions to the Governor-General of Canada, and to the Lieutenant-Governor of Nova Scotia, will be dispatched by this evening's mail.

J. F. Crampton, Esq.

CLARENDON.

No. 23.-The Earl of Clarendon to Mr. Crampton. (Extract.) Foreign Office, July 6, 1855. I HAVE to acquaint you, that since the date of my despatch of the 22nd ultimo, instructing you to suspend all further proceedings in regard to enlistments for the Foreign Legion, I have been in communication with the War Department, and I have been informed

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