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of the neutrality laws; and I trust that my endeavors to enforce an observance of those laws in this district have met his approbation and that of the Attorney General.

Very respectfully, your obedient servant,

Hon. C. CUSHING,

Attorney General.

B. F. HALLETT,
United States Attorney.

ATTORNEY GENERAL'S OFFICE,
January 17, 1856.

SIR: I am directed by the President, in acknowledging the reception of your communication of the 24th ultimo, to signify his entire satisfaction with all the steps taken by you in regard to enlistments for the military service of Great Britain within your district.

I am, very respectfully,

BENJ. F. HALLETT, Esq.,

Attorney U. S., District of Massachusetts.

C. CUSHING.

THE TRIAL OF HENRY HERTZ ET AL.

DISTRICT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF PENNSYLVANIA.

UNITED STATES OF AMERICA VS. HENRY HERTZ AND EMANUEL C. PERKINS,

Charged with hiring and retaining persons to go beyond the jurisdiction of the United States, with the intent to enlist in the British foreign legion, for the Crimea.

SEPTEMBER 21, 1855.-Before the Honorable JOHN K. KANE.

The defendants were arraigned on several bills of indictment, to which they severally pleaded not guilty.

A jury is called, and sworn or affirmed as follows:

1. Jeremiah Byerly, carpenter, Front street, below Catharine, Philadelphia.

2. John Baird, marble mason, Spring Garden street, above 13th, Philadelphia.

3. Joshua Fry, gentleman, Centre P. O., Lehigh county, Penn. 4. John G. Hinsell, collector, Crown street, above Vine, Philadelphia.

5. Michael D. Kelly, tailor, Division street, below 12th, Philadelphia.

6. Cornelius McCauley, manufacturer, No. 119 Lombard street, Philadelphia.

7. John F. Parke, farmer, Radnor P. O., Delaware county, Penn. 8. George Reese, gentleman, Race street, above 3d, Philadelphia. 9. John Stewart, farmer, Carlisle, Cumberland county, Penn. 10. John Wilbank, innkeeper, Rugan street, above Callowhill street, Philadelphia.

11. Joseph Lippencott, carpenter, Vernon street, above 10th, Philadelphia.

12. Charles R. Able, manufacturer, No. 478 North Fourth street, Philadelphia.

The indictments were similar in their character, and related to the hiring of different persons.

The following is a copy of one of the indictments :

In the District Court of the United States in and for the Eastern District of Pennsylvania, of May sessions, in the year of our Lord one thousand eight hundred and fifty-five.

EASTERN DISTRICT OF PENNSYLVANIA, 88.

First count. The grand inquest of the United States of America, inquiring for the eastern district of Pennsylvania, upon their oaths and affirmations respectively, do present: That Henry Hertz, late of

the district aforesaid, yeoman, and Emanuel C. Perkins, late of the district aforesaid, yeoman, heretofore, to wit: on the twentieth day of February, in the year of our Lord one thousand eight hundred and fifty-five, in the district aforesaid, and within the jurisdiction of this court, with force and arms, did hire and retain one William Budd to enlist himself as a soldier, in the service of a foreign prince, state, colony, district, and people, contrary to the form of the act of Congress in such case made and provided, and against the peace and dignity of the United States.

Second count.-The grand inquest of the United States of America, inquiring for the eastern district of Pennsylvania, upon their oaths and affirmations respectively, do further present: That Henry Hertz, late of the district aforesaid, yeoman, and Emanuel C. Perkins, late of the district aforesaid, yeoman, heretofore, to wit: on the twentieth day of February, in the year of our Lord one thousand eight hundred and fifty-five, at the district aforesaid, and within the territory and jurisdiction of the United States and of this honorable court, with force and arms, did hire and retain William Budd to enlist and enter himself as a soldier in the service of a foreign prince, state, colony, district, and people, to wit: the service of her Most Gracious Majesty, the Queen of Great Britain and Ireland, contrary to the form of the act of Congress in such case made and provided, and against the peace and dignity of the United States of America.

Third count. The grand inquest of the United States of America, inquiring for the eastern district of Pennsylvania, upon their oaths and affirmations respectively, do further present: That Henry Hertz, late of the district aforesaid, yeoman, and Emanuel C. Perkins, late of the district aforesaid, yeoman, heretofore, to wit: on the twentieth day of February, in the year of our Lord one thousand eight hundred and fifty-five, at the district aforesaid, within the territory and jurisdiction of the United States, and within the jurisdiction of this court, with force and arms, did hire and retain William Budd to go beyond the limits and jurisdiction of the United States, with the intent of him, the said William Budd, to be enlisted and entered as a soldier in the service of a foreign prince, state, colony, district, and people, contrary to the form of the act of Congress in such case made and provided, and against the peace and dignity of the United States of America.

Fourth count.-The grand inquest of the United States of America, inquiring for the eastern district of Pennsylvania, upon their oaths and affirmations respectively, do further present: That Henry Hertz, late of said district, yeoman, and Emanuel C. Perkins, late of the district aforesaid, yeoman, heretofore, to wit: on the twentieth day of February, in the year of our Lord one thousand eight hundred and fifty-five, at the district aforesaid, and within the territory and jurisdiction of the United States, and within the jurisdiction of this honorable court, with force and arms, did hire and retain William Budd to go beyond the limits and jurisdiction of the United States, with the intent of him, the said William Budd, to be enlisted and entered as a soldier in the service of a foreign prince, state, colony, district, and people, to wit; the service of her Most Gracious Majesty, the

Queen of Great Britain and Ireland, contrary to the form of the act of Congress in such case made and provided, and against the peace and dignity of the United States of America.

Fifth count.-The grand inquest of the United States of America, inquiring for the eastern district of Pennsylvania, upon their oaths and affirmations respectively, do further present: That Henry Hertz, late of said district, yeoman, and Emanuel C. Perkins, late of the district aforesaid, yeoman, heretofore, to wit: on the twentieth day of February, in the year of our Lord one thousand eight hundred and fifty-five, at the district aforesaid, within the territory and jurisdiction of the United States, and within the jurisdiction of this court, with force and arms, did hire and retain William Budd to go beyond the limits and jurisdiction of the United States, with the intent of him, the said William Budd, to be enlisted and entered as a soldier in the service of a foreign prince, state, colony, district, and people. The said Henry Hertz and Emanuel C. Perkins, at the time they so hired and retained the said William Budd to go beyond the limits and jurisdiction of the United States, with the intent as aforesaid, not being a subject or citizen of any foreign prince, state, colony, district, or people, transiently within the United States, and said hiring and retaining not being on board any vessel of war, letter of marque, or privateer, which at the time of the arrival within the United States of such vessel of war, letter of marque, or privateer was fitted and equipped as such; and the said William Budd, so hired and retained, not being a subject or citizen of the same foreign prince, state, colony, district and people, transiently within the United States, enlisting and entering himself to serve such foreign prince, state, colony, district, or people, on board such vessel of war, letter of marque, or privateer, the United States being at peace with such foreign prince, state, colony, district, and people, contrary to the form of the act of Congress in such case made and provided, and against the peace and dignity of the United States of America.

Sixth count.-The grand inquest of the United States of America, inquiring for the eastern district of Pennsylvania, upon their oaths and affirmations, do present: That Henry Hertz, late of said district, yeoman, and Emanuel C. Perkins, late of the district aforesaid, yeoman, heretofore, to wit: on the twentieth day of February, in the year of our Lord one thousand eight hundred and fifty-five, at the district aforesaid, and within the territory and jurisdiction of the United States, and within the jurisdiction of this honorable court, with force and arms, did hire and retain William Budd to go beyond the limits and jurisdiction of the United States, with intent of him, the said William Budd, to be enlisted and entered as a soldier in the service of a foreign prince, state, colony, district, and people, to wit: in the service of her Most Gracious Majesty, the Queen of Great Britain and Ireland. The said Henry Hertz and Emanuel C. Perkins, at the time they so hired and retained the said William Budd to go beyond the limits and jurisdiction of the United States, with the intent as aforesaid, not being a subject or citizen of the said Queen of Great Britain, transiently within the United States, and said hiring and retaining not being on board any vessel of war, letter of marque, or privateer,

which at the time of its arrival within the United States was fitted and equipped as such; and the said William Budd, so hired and retained, not being a subject or citizen of her Most Gracious Majesty, the Queen of Great Britain and Ireland, transiently within the United States, enlisting and entering himself to serve the said Queen of Great Britain, on board such vessel of war, letter of marque, or privateer, the United States being at peace with the said her Most Gracious Majesty, the Queen of Great Britain and Ireland, contrary to the form of the act of Congress in such case made and provided, and against the peace and dignity of the United States of America. JAMES C. VAN DYKE,

Attorney for the United States

for the Eastern District of Pennsylvania.

J. C. Van Dyke, esq., attorney for the United States, opened the case on the part of the prosecution, in substance as follows:

May it please the court-gentlemen of the jury: It is a fact which will be judicially noticed by this court and jury, that during the year 1855, as for some time previous, the Crimea has been the site of a sanguinary and melancholy conflict between some of the most powerful nations of the globe.

That conflict has been conducted principally by the British, French and Turks on one side, and by Russia on the other, and has become part of the political and legal history of nations.

It is not important for us to inquire into the cause of this conflict, nor is it necessary for us to trace the various military or political manœuvres by which it has been conducted, much less to endeavor to ascertain or speculate as to the probable result of an attack on the part of the allies, producing those misfortunes to the British government which they have endeavored to retrieve by a violation of law in this country.

We do not deem it in any degree important to the American people that the combined forces of southern Europe should be successful against a single nation of the north in maintaining her asserted rights. In this free and republican country, the home ordained by Providence for the oppressed of all nations, we have very little to do with the struggles for supremacy and power by the different crowned heads of the Old World. The various schemes which have been adopted for the support of a balance of power by the potentates of Europe never have, and in my opinion never will advance those republican institutions which it is our pleasure and duty to foster. On the contrary, those combinations which have been formed in support of such balance have at all times been made the instrument of retarding in Europe the progressive democratic spirit of the age, and of binding the masses more firmly beneath the yoke of an overgrown and decaying aristocracy; and although the popular pulse in this country is manifestly against all war which originates in the desire to perpetuate or extend any other than a republican form of government, yet a proper regard for our national integrity forbids us to tolerate, on the part of those residing among us, any intermeddling in the disputes of other nations, where those disputes do not interfere with or concern the le

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