some delay and the exchange of explanations, conscious that it had been placed in the wrong by Lord Palmerston, submitted to send a new minister to Madrid. (Hansard's Debates, third series, vol. 99, p. 347.) 3d. Finally, if the offence be grave, but not such as to compromise the public safety, the course of proceeding in accordance with the law of nations, and sanctioned by diplomatic usage, is to demand the recall of the minister, and meanwhile to refuse, or not, all further intercourse with him, according to the circumstances. The United States have pursued this course in several instances, of which a memorable one, and exactly pertinent to the present case, is the demand on France for the recall of M. Genet, guilty of enlistments in this country without the consent of its government. (Am. State Papers, For. Aff., vol. i, No. 65.) The public law and usage in this respect are well stated by a modern English author, who says: * * "With respect to the dismissal of ministers, it is usual, where the matter admits of delay, first to demand his recall. But this is a mere act of courtesy, which cannot be expected on occasions of imminent peril. The dismissal of an ambassador on such occasions is not an assumption of jurisdiction, but a measure of self-defence, which no one has ever denied to be legal, in the case of ambassadors. * * If an ambassador use force, he may be repelled by force. * * When the danger is imminent, an ambassador may be seized as a public enemy, may be imprisoned, may be put to death, if it be indispensably necessary to our safety." (Wildman, Institutes, vol. i, p. 114.) On the whole, the case of the British minister regarded in the light of established rules of the law of nations, and diplomatic usage founded thereon, would seem to resolve itself into, first, a question of strict right, and, secondly, of discretion in the exercise of that right. It clearly is not a case affecting the security of the state, and thus needing or justifying the interposition of summary authority, as in the instance of the Prince of Cellamare in France, (Ch. de Martens, Causes Célèbres, tom. i, p. 139,) Count Gyllenberg in Great Britain, (Foster's Crown Law, p. 187,) and many other cases of historical and legal notoriety or interest. No acts of violence are imputed to the British minister, nor any purpose or act threatening to the national stability of the United States. What is charged against him is conduct improper in a public minister, illegal as respects the municipal law, injurious to the national sovereignty. If sufficiently shown, it requires to be repressed in such manner as effectively to vindicate the public honor. Of strict right, the President may, as the Queen of Spain did in the case of Sir Henry Bulwer, send his passports to the British minister, with intimation to leave the country without delay; or he may well, in his discretion, adopt the milder course, as President Washington did in the case of M. Genet, that is, after affording to the British minister opportunity of explanation through the Secretary of State, then, if his explanation be not satisfactory, to demand his recall of the Queen's government. The personal esteem which the British minister justly enjoys here in other respects might counsel the latter course, more especially if the British overnment, assuming the responsibility of his acts, should thereupon proceed to tender, in its own name, complete and ample satisfaction for having authorized or permitted such a flagrant wrong as the systematic attempt to recruit a military force in the United States, by the instrumentality of the lieutenant-governor of Nova Scotia. I have the honor to be, very respectfully, The PRESIDENT. C. CUSHING. SOUTHERN DISTRICT OF NEW YORK, U. S. District Attorney's Office, March 22, 1855. SIR: The enclosed handbill was brought to me this morning by Mr. McDonald, with the inquiry whether the employment therein indicated is contrary to law. He is to call again to-morrow. I have arrived at the conclusion that this business is illegal, in contravention of sec. 2, of the act of 20th April, 1818. I have the honor to remain, sir, your most obedient servant, Hon. W. L. MARCY, JOHN MCKEON, Secretary of State, Washington, D. C. [Enclosure.] HIGHLY IMPORTANT TO THE UNEMPLOYED! The British government having concluded to form a foreign legion in Nova Scotia, and to raise several regiments for duty in the province, offer a bounty of £6, or $30, together with the pay of $8 a month, rations, good clothing, and warm quarters, to every effective man, fit for military duty, from nineteen to forty years of age, to join which are invited English, Irish, Scotch, and Germans. The subscriber (with the view of assisting those who have not the means of paying their passage) hereby gives notice that he has opened a passage office, No. 36, Pearl street, (near Broad,) where he proposes to engage good passages by good vessels to Halifax, leaving twice or three times a week, for the sum of $5, or procure through tickets by the railroad, leaving every morning (Sundays excepted,) and arriving at St. John's, near Montreal, that evening, which passage-money must be paid him or his agent, by the parties, together with the small sum of fifty cents additional for commissions, on arriving at their destination in the province. It is hoped that those effective men who are now suffering and in distress, will avail themselves of this rare opportunity of bettering their condition before it is too late. ANGUS MCDONALD. [Burrough's steam presses, 113, Fulton street, N. Y.] ATTORNEY GENERAL'S OFFICE SIR: The Secretary of State has referred to me your letter to him of the 22d instant, enclosing a handbill signed "Angus McDonald," who proposes to recruit soldiers for the military service of the British government, and advertises a recruiting station for that object at a place indicated in the city of New York. Statements, corroborative of this document, appear in sundry newspapers of New York. It is perfectly clear that any such enlistment is contrary to law. The act of Congress of April 20, 1818, not only forbids military enlistments in the United States, for a purpose hostile to any country in amity with us, but also by foreign states for any purpose whatever. If the troops recruiting for Great Britain in New York are intended to serve against Russia, the undertaking is in violation of our neutrality; and, if not, still it is in violation of the sovereign authority of the United States. Not long since the consul of the Mexican republic at San Francisco was duly tried and convicted there of this precise offence, in having enlisted persons in California for the domestic service of his government. These views of the present question have been submitted to the President, and have his approbation; and he accordingly has directed me to advise you at once, in order to avoid delay, and to desire you to take the proper and lawful steps, in your discretion, to bring to punishment all persons engaged in such enlistments within your district. I am, very respectfully, C. CUSHING. Hon. JOHN MCKEON, SOUTHERN DISTRICT OF NEW YORK, U S. District Attorney's Office, March 24, 1855. SIR I have the honor to acknowledge the receipt of your favor of yesterday, expressing the views of the President in regard to the enlistment at this station of soldiers for Great Britain. Permit me to say that I will, with great pleasure, carry out the directions contained in your letter. In order to give publicity to the law, I yesterday officially addressed the marshal of this district, and desired him to use all the means in his power to preserve inviolate our neutrality laws. I enclose a copy of such letter. I have the honor to remain, sir, your most obedient servant, Hon. CALEB CUSHING, JOHN MCKEON, United States District Attorney. Attorney General United States, Washington, D. C. SOUTHERN DISTRICT OF NEW YORK, U. S. District Attorney's Office, March 23, 1855. SIR: From the newspapers during the last few days, and from other sources, I am inclined to believe that persons in this city are engaged in recruiting men, and in shipping them to some place out of the jurisdiction of the United States, with the intent there to be formed into regiments, to serve in the present war of France, England, and their allies against Russia. The United States are happily at peace with all the nations of the world. The continuance of peace to our country depends upon the strict enforcement of our neutrality laws. The government is determined to execute these laws to their fullest extent. This duty we owe to ourselves, and to all the nations with whom we are in amity. I beg, therefore, to call your attention to the 2d section of the neutrality act of 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. I wish you to use such means as may be at your command to prevent any violation of the laws of the United States, which are passed to preserve our neutrality. I will cheerfully coöperate with you in such measures as you may adopt, to prevent the infraction of this important safeguard to our national peace and prosperity. I have the honor to be, very respectfully, your most obedient servant, JOHN MCKEON, A. T. HILLYER, Esq., United States District Attorney. United States Marshal, New York. SOUTHERN DISTRICT OF NEW YORK, U. S. District Attorney's Office, October 16, 1855. SIR: I have the honor to report, that on the 12th day of October instant I brought to trial in the district court of the United States an indictment against Joseph Wagner, charging him with having, on the third day of August last, hired and retained Abraham Cook to beyond the limits of the United States with intent to be enlisted in the service of the Queen of Great Britain as a soldier. go The defendant was defended by Hon. Ogden Hoffman and several other eminent counsel. Judge Ingersoll presided, and delivered a charge to the jury, the substance of which is given in the enclosed published statement. We were engaged in the trial for two days. The jury rendered a verdict of guilty on the 13th instant. have the honor to remain your obedient servant, Hon. CALEB CUSHING, JOHN MCKEON, United States District Attorney. Attorney General of the United States. [Enclosure.] Reported for the Journal of Commerce. U.S. DISTRICT COURT, Saturday. Before JUDGE INGERSOLL.—Enlisting men for the British service. The trial of Joseph Wagner was resumed to-day On the part of the defence another witness was examined, who corroborated the evidence of two others, that Wagner was in bed on the forenoon of the day when Cook swore he met him in the Bowery, and that on the afternoon of that day Wagner went to Boston. The court, in charging the jury, recited the law of Congress under which the defendant was being tried, which we gave in our report of the first day's proceedings. The court then instructed the jury that this law provides that no person shall hire or retain any person to enlist or enter himself to go beyond the limits of the United States with intent to be enlisted as a soldier into the service of a foreign government. But if one person merely informs another that by his going to Halifax, or any foreign country, he could enlist as a soldier in the service of a foreign government, that would be no crime under the law of Congress. In such a case there would have been no hiring, or retaining by promise of hire, on either side; and the law does not punish any one for giving such information. Any resident of the United States has a right to go to Halifax with intent to enlist; that would be lawful; but it is not lawful for any one, by any consideration paid, or promised to be paid, to engage another person to go to Halifax with intent to there enlist as a soldier in the service of any foreign government. And if Cook agreed with Wagner that he would go to Halifax and enlist as a soldier under the British government; and if the consideration or inducement of such agreement on the part of Cook was a promise from Wagner that Cook should receive $30 in advance, and $10 per month for his services as a soldier under the British government; or if a part or the whole of the consideration. of that agreement, on the part of Cook, was the payment of the passage of Cook from New York to Boston, or the promise to pay such passage; or if the consideration of such agreement, or motive which led to it, was any promise of money or any other valuable thing by Wagner, and Cook, when he entered into such agreement, had, for such consideration, the intent to go 'to Halifax and to there enlist as |