a soldier under the British government, then the offence, under the act of Congress, is complete, and Wagner must be deemed guilty. But the mere giving information, or the merely starting to go, is not sufficient. There must have been some inducement such as the court stated. If the testimony of Cook cannot be depended on, the prosecution must fail. It was for the jury to determine whether they would give credit to Cook on the part of the prosecution, or to the three witnesses for the defence; they cannot all speak the truth. If the jury were not satisfied beyond all reasonable doubt, they would give a verdict for the defendant. If they were satisfied, they should find him guilty. The jury found the prisoner guilty. SOUTHERN DISTRICT OF NEW YORK, U. S. District Attorney's Office, October 17, 1855. SIR: I have the honor to inform you that I have indictments untried against various individuals, charging them with a violation of the law relative to foreign enlistments. The proceedings which have been taken in this city, Philadelphia, and other places, have undoubtedly tended not only to the putting a stop to the enlistments for foreign service, but have also developed the connexion of the officials of the government of Great Britain, in this country, with a violation of our municipal laws. The object of the prosecutions has been accomplished. It is evident that the parties against whom indictments have been found are but the instruments of others connected with a foreign power; and it has appeared to me that nothing can be gained by a further prosecution of individual cases. I take the liberty of suggesting that I shall have your assent to stay further proceedings on the untried indictments. I have the honor to remain, sir, your obedient servant, Hon. C. CUSHING, JOHN MCKEON, United States District Attorney. Attorney General United States. ATTORNEY GENERAL'S OFFICE, SIR: I have the honor to acknowledge the reception of your two communications of the 16th and 17th instant, in which you inform me of the conviction of Joseph Wagner, accused of the offence of being engaged in unlawfully recruiting troops within the United States for the service of Great Britain, and request instructions as to other indictments of the same class still pending in your district, These prosecutions were instituted, primarily, for the purpose of arresting the continued perpetration of acts derogatory to the sovereignty and public honor, and contrary to the neutral policy of the United States. The punishment of crime in these, as in all other cases of infringement of statute provisions, of whatever nature, was an object also, but in these particular cases a secondary one; for the individual misdemeanor of the parties implicated, whether they be citizens or foreigners, and whether private or official persons, is but a minor incident of the national indignity and wrong inflicted on this government by the foreign government, in whose behalf and for whose benefit they presume to violate the laws of the United States. If, therefore, you find that what has thus far been done by you so judiciously and successfully suffices to maintain the public peace and vindicate the public justice within your district, you will make such disposition, as in your discretion seems best, of the remaining complaints against any persons who do not hold an official relation to the British government. As to guilty persons of the latter description, whether yet under prosecution or not, their criminal acts stand on a different ground, and additional instructions regarding them will be forwarded to you in due time. Such persons are not only indictable, in common with all others who violate the law of the land, but they are also violators of the international law, and subject to special consideration by the United States, unless disavowed and punished by their own government. I have the honor to be, your obedient servant, Hon. JOHN MCKEON, Attorney United States, New York. C. CUSHING. SOUTHERN DISTRICT OF NEW YORK, U. S. District Attorney's Office, November 1, 1855. SIR: On the 16th October, ultimo, I had the honor to advise you of the conviction of Joseph Wagner, before Judge Ingersoll, upon an indictment for a violation of the neutrality laws of the United States. Since then, the counsel for the accused expressed the desire to move for a new trial, and on that account sentence was deferred from day to day until the opening of the court this morning, when no motion in arrest being made, Judge Ingersoll sentenced Wagner to an imprisonment for two years, and to the payment of a fine of one hundred dollars. In passing sentence, Judge Ingersoll stated that he inflicted. this punishment as a warning and example to others, and to prevent this country from being embarrassed, or running any risk of embarrassment; in the conflicts of other powers. I have the honor to remain, sir, your obedient servant, Hon. CALEB CUSHING, JOHN MCKEON, Attorney General. ATTORNEY GENERAL'S OFFICE, SIR: I am directed by the President to request you to report, for his information, a list of all the criminal complaints entered in your district against persons accused of recruiting for the service of Great Britain, giving the names of the parties, and the time of each alleged act. I am, very respectfully, Hon. JOHN MCKEON, United States Attorney, New York. C. CUSHING. SOUTHERN DISTRICT OF NEW YORK, U. S. District Attorney's Office, December 11, 1855. SIR Your letter of the 8th instant, requesting me to report, for the information of the President, a list of all the criminal complaints entered in this district against persons accused of recruiting for the service of Great Britain, was received this morning only. I have the honor to enclose to you the required information, adding thereto the name of the complainant. With great respect, your obedient servant, Hon. CALEB CUSHING, JOHN MCKEON, United States District Attorney. ATTORNEY GENERAL'S OFFICE, SIR Information having been communicated to the President that military enlistments for the British service are going on in Philadelphia, he directs me to transmit to you the enclosed copy of a letter, of the 23d instant, to John McKeon, esq., attorney of the United States for the southern district of New York, and to request you to proceed against all parties engaged in such enlistments within your district. I am, very respectfully, JAS. C. VAN DYKE, Esq., C. CUSHING. District Attorney of the United States, Philadelphia. OFFICE OF ATTORNEY U. S., EASTERN DIST. PENNSYLVANIA, 140 Walnut street, Philadelphia, March 29, 1855. SIR: Your communication of the 26th instant, but postmarked on the 28th, calling my attention to a rumor that certain parties were enlisting in the city of Philadelphia for the military service of the British government, and enclosing a copy of a letter, dated March 23, 1855, to John McKeon, esq., attorney for the United States for the southern district of New York, and directing me, by request of the President, to proceed against all parties engaged in such enlistments within this district, is this morning received. In reply to your communication, I have the honor to report: that about ten days ago information was left at my and the United States marshal's office by some citizens of Philadelphia, who desired their names should be kept in confidence, that several persons were engaged in employing men to go to Halifax, under the pretext of working on the railroad, but with the understanding that, when there, they were to enlist in the British service. I immediately determined to apprehend the parties, and, by the assistance and vigilance of the United States marshal for this district, succeeded in capturing, on the 27th instant, four persons who have been engaged in keeping open, under the name of a commission office, a recruiting station, and also fifteen persons who had engaged to go to Nova Scotia for the purpose of enlisting. A partial hearing has been had before the United States commissioner, and the parties have been held to bail for a further hearing on Saturday next. In connexion with the marshal of this district, who has already exerted much energy and care in the matter, I shall continue, in pursuance of the instructions contained in your communication, to apprehend and bring to punishment all who shall be found violating our neutrality or national sovereignty in this respect. U. S. District Attorney, Eastern District of Pennsylvania. Hon. C. CUSHING, Attorney General of the United States. OFFICE OF ATTORNEY U. S., EASTERN DIST. PENNSYLVANIA, 140 Walnut street, Philadelphia, September 10, 1855. SIR: There are now pending some twenty bills of indictment against various persons charged with enlisting persons for the war in the Crimea. I have fixed Monday next for the trial of all the cases, and am about sending for the witnesses. * * * * * * I shall be pleased to receive your instructions at as early a day as possible. I am, sir, very respectfully, your obedient servant, Hon. C. CUSHING, JAS. C. VAN DYKE. Attorney General of the United States. ATTORNEY GENERAL'S OFFICE, September 12, 1855. SIR In reply to your letter of the 10th instant, on the subject of the indictments pending against persons charged with recruiting for the military service of Great Britain, I have the honor to make the following observations: Mr. McKeon has been advised of the desirableness of conferring with you personally, either by himself or his assistant, in regard to new evidence to which he may have access, and which can be useful to you. |