by Lord Panmure that he has requested the Secretary of State for the Colonial Department to instruct Sir Gaspard le Marchant to receive certain Germans, should they find their way to Halifax; but in executing this instruction you will keep in view the caution I have already given to you in previous despatches, in regard to the strict observance of the existing laws of The United States.

I have to add, that when the arrangements have been made respecting the Germans referred to in this despatch, you will consider in full force, and act upon the intimation conveyed to you in my despatch of the 22nd ultimo, that Her Majesty's Government wish all further proceedings in the matter to be stayed, and the project to be definitively abandoned. J. F. Crampton, Esq.

CLARENDON.

No. 24.-Mr. Buchanan to the Earl of Clarendon.-(Rec. July 7.) Legation of The United States, London, July 6, 1855. THE Undersigned, Envoy Extraordinary and Minister Plenipotentiary of The United States, has been instructed to call the attention of the Earl of Clarendon, Her Majesty's Principal Secretary of State for Foreign Affairs, to the fact that numerous attempts have been made, since the commencement of the existing war between Great Britain and Russia, to enlist soldiers for the British army within the limits of The United States, and that rendezvous for this purpose have been actually opened in some of their principal cities.

When intimations were thrown out that British Consuls in The United States were encouraging and aiding such enlistments, Mr. Crampton, Her Britannic Majesty's Minister at Washington, exhibited to the Secretary of State a 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 these attempts to raise military forces within the territory of a neutral 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 compromised 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 establishing the fact that the Lieutenant-Governor of Nova Scotia has had a direct agency in attempts to violate the Neutrality Laws of The United States. This

will appear from the copy of a notification issued by that functionary, dated at Halifax, on the 15th March last, and believed to be genuine; a copy of which the Undersigned has now the honour to communicate to the Earl of Clarendon. This notification has been published in the newspapers of The United States. In consequence, it is believed, of this document purporting to be official, the practice of recruiting still proceeds with vigour, notwithstanding the legal measures adopted by the officers of The United States to suppress it. The American Government are constantly receiving information that persons are leaving, and have left, The United States, under engagements contracted within their limits, to enlist as soldiers in the British army on their arrival in the British provinces. These persons are provided with ready means of transit to Nova Scotia, in consequence of the express promise of the Lieutenant-Governor of that province to pay to "Nova Scotian and other ship masters" 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 Undersigned), 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 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, 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 misdemeanour, and shall be fined not exceeding 1,000 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 favour of one belligerent to the prejudice of the other, could not fail to produce just complaints 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 nations. At an early period of its history, in June, 1794, under the administration of General Washington, an Act of Congress was passed defining and enforcing its neutral duties; and this Act has been supplied, extended, and enlarged by the Act, already referred to and now in force, of the 20th of April, 1818. Under both these Acts the very same penalties are imposed upon all persons impli cated, 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. 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 individual, whether official or unofficial, to engage persons in Philadelphia, 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. III, c. 69), like the Act of Congress, 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 Enlistment Act," nor the Act of Congress, is confined to the enlist ment or engagement of British subjects or American citizens respectively, but rightfully extends to individuals of all nations"to any person whatever." 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 involved 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 * Vol. VI. Page 130.

the fitting out and manning privateers for foreign service. Any remissness in enforcing such provisions would have been justly regarded by that Government as a violation of the neutral relations of The United States. It is not difficult to conjecture in what light the conduct of the American Government would have been viewed by the allies, had it not denounced and resisted any attempt on the part of their enemy to send its agents into the ports of The United States to fit out privateers, and engage sailors to man them. But would the Governinent of The United States be less censurably 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 had it permitted the other belligerent to resort to American seaports for the purpose of organizing a privateer 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 United States, and the comity which ought ever to prevail in the intercourse between the two friendly Powers. The Undersigned, &c.

The Earl of Clarendon.

JAMES BUCHANAN,

(Inclosure.)-Proclamation.

MEN WANTED FOR HER MAJESTY'S SERVICE.

Provincial Secretary's Office, Halifax, Nova Scotia,

March 15, 1855.

THE Lieutenant-Governor of Nova Scotia having been empowered to embody a Foreign Legion, and to raise British regiments for service in the provinces or abroad, notice is hereby given, that able-bodied men, between the ages of 19 and 40, on applying at the depôt at Halifax, will receive a bounty of 67. sterling, equal to 30 dollars, and on being enrolled, will receive eight dollars per month, with the clothing, quarters, and other advantages to which British soldiers are entitled.

Preference will be given to men who have seen service.

The period of enlistment will be for three or five years, at the option of the British Government.

Officers who have served will be eligible for commissions. Gentlemen who wish to come into the Province, will please lodge their names, rank, date of service, &c., at this office.

Persons who serve in the Foreign Legion will, on the expiration of their term, be entitled to a free passage to America, or to the country of their birth.

Pensions or gratuities, for distinguished services in the field, will be given.

Nova Scotian and other shipmasters who may bring into this province poor men willing to serve Her Majesty, will be entitled to receive the cost of a passage for each man shipped from Philadelphia, New York, or Boston. By command,

LEWIS H. WILKINS, Provincial Secretary.

Mr. Marcy to Mr. Buchanan, July 15, 1855.

[See Page 426.]

No. 25.-The Earl of Clarendon to Mr. Buchanan.

Foreign Office, July 16, 1855,

THE Undersigned, &c., has the honour to acknowledge the receipt of the note which Mr. Buchanan, &c., addressed to him on the 6th instant, respecting attempts stated to have recently been 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 with 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. Bu chanan, 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 political 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 the appointed place in one of the British possessions.