proclaimed, and the British public have been induced to believe, that we have acted in bad faith, and complaisantly looked on, if we have not countenanced, the organization of such expeditions. While England has been severe and acrimonious in abusing the government and people of the United States on the 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 providing 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 government for not restraining and punishing others who have, as they allege, committed the same offence. The excuse offered by the British authorities for enlisting or engaging soldiers to enlist within the United States is, that her Majesty's subjects, and Germans 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 application 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 connived at, or for a moment intermitted its efforts to suppress, expeditions 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 engaged 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 displeasure. 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 government has not authorized the proceedings herein complained of; and has condemned the conduct of her officials engaged therein, called them to account, and taken most decisive measures to put a stop to the illegal and disrespectful procedure. I am, sir, respectfully, your obedient servant, JAMES BUCHANAN, Esq., &c., &c., &c. W. L. MARCY. I herewith transmit the copy of a note addressed by me to Lord Clarendon, dated on the 6th instant, and prepared in conformity with your instructions, (No. 91) on the subject of the enlistment and employment of soldiers for the British army within the limits of the United States, which I trust may recieve your approbation. It was sent to the Foreign Office on the 7th, but its receipt has not yet been acknowledged. Yours, very respectfully, Hon. WILLIAM L. MARCY, JAMES BUCHANAN. Mr. Buchanan to Lord Clarendon. 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 intim ions 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 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 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 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 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 honor 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 vigor, 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 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 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, 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 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 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 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. 3, ch. 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. 66 And here it may be worthy of remark, that neither the foreign enlistment 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 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 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 government 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 been 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 two friendly powers. The undersigned has the honor to renew to the Earl of Clarendon the assurance of his distinguished consideration. [No. 102.] JAMES BUCHANAN. Mr. Marcy to Mr. Buchanan. 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 attempt 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 government would have considered it due to the friendly relations between the two countries not merely to reprove its officers engaged in this scheme of raising recruits within our jurisdiction, but promptly |