APPENDIX No. XVII.

DEBATES IN THE HOUSE OF LORDS OF APRIL 5, 1864, AND JUNE 9, 1864, RELATIVE TO FEDERAL ENLIST

MENT OF BRITISH SUBJECTS.*

[From Hansard's Parliamentary Debates, vol. 174, pp. 448-450.]

HOUSE OF LORDS, April 5, 1864.

UNITED STATES FOREIGN ENLISTMENT ACT.-THE KEARSARGE QUESTION.

The EARL OF DONOUGHMORE said that at the last Cork assizes certain persons pleaded guilty to an indictment charging them with having violated the foreign enlistment act, and they were released upon their own recognizances. The offense was having enlisted subjects of her Majesty on board the United States ship of war Kearsarge. The captain of that vessel stated that the men came on board without his knowledge, and he was not aware of their being on board until he had got to sea, and that when he went into Brest he put them on shore, but as they were without the means of subsistence he took them on board again and conveyed them back to Cork. When this subject was last alluded to, the noble earl opposite (Earl Russell) made what certainly appeared to be a very extraordinary statement, for he said that he could not see what else the captain could have done. That was a very remarkable statement, because it appeared, from the evidence that had been taken, that the men were actually put into the uniform of the United States navy by order of the officers of the ship. Now, what he (the Earl of Donoughmore) wished to know was whether the noble earl had required any explanation from the American minister with regard to the circumstance.

EARL RUSSEL said that at an early period of the discussion of this matter he had complained to the United States minister of the conduct of the officers on board the Kearsarge. After what had passed in that House and after what occurred in the court of justice in Ireland, he had again called the attention of the United States minister to the subject, and had asked him to refer to the newspapers and to the opinion given by Mr. Justice Keogh. The United States minister informed him that in the month of November last he had received instructions from his government that if the consul had been at all instrumental in violating the foreign enlistment act he should be at once dismissed, and that, with regard to the officer in command of the ship, if the minister found that he was to blame, he was to be reported to the government, in order that the proper notice might be taken. Mr. Adams did not act upon those instructions, because he did not consider that there was any blame due either to the consul or the officer in command of the ship in enlisting these persons into the service of the United States. The correspondence was not yet concluded, but when further explanations had been given the dispatches would be laid on the table.

The EARL OF DERBY said that unless Mr. Adams denied the statement that these men were examined by the surgeon and attested, that their names were entered on the books of the ship, and that they were clothed in the uniform of the United States Navy, it was impossible that the officers of the ship should not be cognizant of the men being on board.

The MARQUESS of CLANRICARDE said there could be no difficulty in ascertaining the truth, if it was desired that the truth should be elicited. He believed the Kearsarge was now repairing at one of our ports. If so, why should not the officers at once come to London and make such a statement of the real facts as the American minister would be prepared to vouch for? It was rather too much to extend to them the hospitality of this country in the face of such statements as were made on the trial at Cork. Either these gentlemen had stated the truth or not. If they had told the truth, let them come forward and verify the facts. No one who knew Mr. Adams would dispute whatever he was prepared to vouch for from his own personal knowledge.

* Transmitted with the following dispatches: Mr. Adams to Mr. Seward, No. 644, April 8, 1864. see vol. II, p. 441; Mr. Adams to Mr. Seward, No. 718, June 16, 1864, see vol. II, p. 454.

[From Hansard's Parliamentary Debates, vol. 175, pp. 1439–1454.]

HOUSE OF LORDS, June 9, 1864,

ENLISTMENT OF IRISH IMMIGRANTS.-ADDRESS FOR PAPERS.

The MARQUESS OF CLANRICARDE, in rising to move an humble address to her Majesty for papers relative to the enlistment of Irish immigrants and others, her Majesty's subjects in the United States Army, said that their lordships might think him somewhat pertinacious in entering again into this subject; but he could not help feeling that her Majesty's government had been remiss in the matter. The subject was one of considerable importance. It was of the utmost interest to the people of this country, from its connection with the prerogatives of the Crown, and the welfare of a large portion of her Majesty's subjects; and it was also a matter in reference to which we had incurred a great moral responsibility, inasmuch as there was reason to believe that, if proper measures had been taken to prevent it long ago, the civil war in America would have ended before now; and if the recruiting of British subjects were now put a stop to, he believed the war would be brought to a comparatively early termination. If the cases of this description which had been brought before Parliament were isolated and exceptional-if they had arisen only from overzeal or indiscretion or avarice on the part of American citizens-he should not have been apt to notice them. But the federal recruiting in the British dominions had attained large dimensions. No man could doubt that for two years there had existed a deliberate intention on the part of the federal government to fill its armies from the inhabitants of foreign countries, and especially with subjects of the Queen. The sanguinary war which had raged had rendered it impossible for the federal government to recruit its armies from the population of the federal States, and it now deliberately sought to recruit its armies from abroad. He was not one of those who were disposed to lay very much stress upon the foreign enlistment act, because he believed that it was seldom found to be very efficient in its working, either with regard to the belligerents, or with regard to our own subjects. The results had not been creditable either to our legislation, our jurisprudence, our administration, or our government; and especially the attempts which had been made by the government of this country to preserve impartiality in the contest on the American continent had not procured for us much credit, nor tended to increase the respect with which we were regarded. It was a fact, not at all unknown in the metropolis or in the business world, that one of the belligerent powers had been plentifully supplied with arms and munitions of war by this country from the commencement of the contest; and this he was told was contrary neither to the foreign enlistment act nor to the Queen's proclamation of neutrality; and yet, as soon as it was proposed to supply the other belligerent power with ships, a course which would practically have placed the resources of this country impartially within the reach of both parties, the government had found itself compelled to take action, and to assert its entire neutrality. He maintained that at no former period of our history had foreign enlistment so extensively prevailed. It was a fact perfectly notorious that there had been approved agents of the federal government established not only in Ireland but also in England, for the purpose of enlisting recruits. He had received communications upon the subject from the midland counties informing him that such was the case, and he had learnt that efforts to obtain recruits had even been made in Lincolnshire, where it would have been thought there was little likelihood of success. federal government itself had made no secret of its actions. The Secretary of State presented to Congress a bill, strengthened by a message from the President, actually providing for such enlistments, and the measure was referred to the consideration of a committee. The bill proposed to establish a foreign recruiting department, the headquarters of which were to be at New York, and that its recruiting agents should be scattered through foreign countries. He believed that such a plan had never been suggested anywhere but in America. Was it possible to doubt that the chief object of such a measure was to facilitate the enlistment of recruits from this country and other portions of her Majesty's dominions? The law was not passed, and it failed partly because it was feared that so open a manifestation of the intentions of the federals might excite the opposition of our government. The bill was what was called, in the language of the country, "tabled." We had not only this to complain of, but we had also submitted to what was contrary to every international law. He had by him a Liverpool paper in which it was stated that a regiment of fifteen hundred Germans had been levied in Germany, and that they were to sail from Liverpool as ships could be provided for the purpose. The newspaper recorded the departure of one hundred and thirty Germans in the same manner as if the event were the embarkation of a regiment of the guards. That was exactly one of those cases which the foreign enlistment act had een intended to prevent. Of course it was not openly stated that men were enlisted for the army. It was pretended that the demand for soldiers caused by the severity of the conflict had created such a displacement of industrial

The

laborers that many branches of the industry of the country were at a stand still on account of the impossibility of procuring workmen. No man, however, who examined the provisions of the bill to which he had referred would credit such statements for a moment. The provisions of the bill, according to the account which he had read of it, proposed to advance the passage and other sums of money to the emigrants, which were afterward to be deducted from their wages. It was obviously absurd to think that the federal government would appoint collectors to go round all over the country and collect weekly or monthly payments, as the case might be. The money could only be repaid by deductions from wages if the men were engaged in service under the government, and it was notorious that that service was in the army. They knew that for the last two years proclamations had been issued for recruits, that the President of the federal States had called upon the different States to supply their quota, and that some of those proclamations had scarcely produced more effect than so much waste paper. There were only two States where the quota of soldiers was supplied proportionate to the population; the quotas for the other States were in the aggregate three hundred and twenty-two thousand men short-a number equalling our whole army, including the army in India. To illustrate the difficulty the American government.were in to obtain soldiers, he might refer to a statement which he had seen in a newspaper of an answer which President Lincoln had given to a deputation from certain States on the subject of the enlistment of colored men, who were paid the same as white men. The President's answer was that by making the pay the same he expected to raise one hundred and thirty-six thousand men. In even the more wealthy States the enlistments were not at all successful. It was well known how that the need of men had driven the United States government to employ negro soldiers, and President Lincoln had recently stated that he expected the negro regiments would provide him with one hundred and thirty thousand men. It was truly horrible to think that such vast numbers of men should be wanted for the mere purpose of slaughter. In the space of very few weeks no less than forty thousand men had been lost to one army alone, and from calculations based upon hospital returns there was no reason to think that that number was exaggerated. Such a state of things was not creditable to the civilized world, and, at least, we ought to take steps to prevent our fellow-subjects from becoming victims in the dreadful conflict now raging in America. When the pretense of inducing men to go over to America to work upon canals and railways was put forth, no one could be deluded by it in that House. They had heard of the case which occurred not long ago in Ireland, where a number of operatives were induced by a federal agent to accompany him to the United States. Upon arriving in Boston the men were lodged in a sort of barn, where they were kept without food all day. In the evening strong drink was freely supplied, and some of the unfortunate men became so stupefied that they did not recover their senses for two days. After the men had drank deeply Mr. Kidder, the person by whom they were engaged, visited them, accompanied by government and police officers, and informing them that he had been disappointed in the work for which he had engaged them, recommended that they should join the United States Army, at the same time tendering the bounty, specially inviting them to join a particular regiment, which he said was wholly composed of Irishmen. Some were induced to accept the bounty, but the others were turned out next day, and were indebted for food to the charity of their fellow-countrymen in Boston. That was the way in which subjects of this country had been treated in a town where we had a consul. He wanted to know what had been done for those men, and what reparation had been sought for them, and whether any precautions had been taken to prevent the recurrence of such transactions in future. That such practices as those he had referred to were not uncommon, they knew upon the authority of a federal officer, General Wisden, who remonstrated against the sort of men who were sent to him, of their being mostly foreigners, and of the manner in which they were enlisted, stating that frequently they were sent off to the depot while drugged, and refused to do duty upon recovery, alleging that they had not been fairly enlisted. In these cases the men were shot at once without trial. Were such proceedings to be allowed to continue? It was not only in this country and in Ireland that the practices he complained of had been carried on, but he had seen letters from Canada which spoke of similar doings there, and in one case mention was made of the desertion of several non-commissioned officers and men from a regiment serving there, tempted to do so by the inducement being held out to them of commissions in the federal army. He would not mention the particular regiment referred to, because he trusted that the statement might not be correct. He might be told that all these were general statements; but even if so, they were statements known to all the world, and could not be unknown to the authorities here. He wanted to know whether we were to continue upon terms of amity and alliance with a people who treated us in this manner, and who received our remonstrances with contempt. It was to be regretted that the case of the Kearsarge should have been suffered to pass almost without notice. A more flagrant case than that of the officers of this vessel in Cork Harbor had never occurred. This, however, was a question between nation and nation. How was a similar question treated by the govern

ment of the United States in 1812? Mr. Madison, in his declaration of war against this country, went far beyond the order in council, which was the immediate cause, and complained generally of the practice of impressing seamen found on board American ships. Mr. Madison did not complain that John Smith or Tom Jones was taken out of a particular ship, nor did he draw an indictment as particular as an Old Bailey lawyer would make it, but he complained of the general practice of this country, and said the United States would not suffer it longer. He did not wish to go to war-he rather desired to put a stop to war. When this country had been treated with insult and indignity; when our fellow-countrymen had suffered great injuries; he wished, not for war, but for something like vigorous remonstrance, and an assurance that the objectionable practices should not be continued. If he were asked whether if remonstrance failed he was prepared to go to war, he would ask, in reply, for what were we ever to go to war if not for insults offered to our sovereignty and injuries done to our fellow-subjects, for which no redress had been afforded? Why did we pay £30,000,000 a year for our army and navy if these forces were not to be employed in maintaining the honor of the country and affording protection to our fellow-countrymen? We were doing neither. We had supplied the northern States with arms and munitions of war to an enormous extent, and it might be difficult to prevent that. But we had also supplied during the last year or so many thousands of men, and of the tens of thousands who had been massacred in this awful conflict there could be no doubt that a large proportion of the victims had been born subjects of the Queen. He contended that such a state of things ought to be put a stop to by her Majesty's government. We had no business to be in amity or in diplomatic relations with a country which paid so little regard to the rights of our fellow-subjects as the federal States of America had shown in this matter. He could not help thinking that a great deal of blame must be laid to the charge of the nations of Europe for the continuance of this war. When two great armies were fronting each other, was not, perhaps, a time when any hopeful interference could take place, but there had been times when he thought interference might usefully and effectively have taken place; while, on the one hand, we took a tone as regarded our fellow-subjects to show that we would not permit the repetition of such conduct as had gone on during the last year, he also hoped that within a very few weeks there might be such a state of affairs in that country when it would be perfectly proper and possible for the nations of Europe to enter upon this matter with a firm and decided tone, and that they would take those steps by which alone he believed this horrible carnage, utterly fruitless in itself, injurious, above all, to America, disgraceful to the century in which we lived, and shocking to the feelings of all mankind, would be terminated. The noble marquis concluded by moving that an humble address be presented to her Majesty for the papers, &c.

LORD BROUGHAM, in rising to second the motion, wished to make a few observations on some parts of his noble friend's statements. No one could lament more deeply than he did, not only the cruel and calamitous civil war which had been raging for the last three years in America, but the conduct of many of our countrymen in joining in this dreadful contest, more particularly those who came from that part of the country to which his noble friend belonged, and who, he lamented to say, had in great numbers entered the federal army. He highly disapproved of the conduct of the federal government, not only in the attempt, which they began but could not carry out, to establish depots for raising foreign recruits, but he disapproved as entirely of their taking meneven if they did not inveigle them by the tricks which had been described-taking them even when the men honestly entered, and entered knowing what they were doing, even though not deceived by crimps and deluded under the influence of strong liquor. The men were told they were going merely to labor in the fields; and after they were there they were told there was no work for them, and they were asked: "Will you please come into the army?" But even suppose the most fair and honest contract made between these Irishmen and the recruiting officers of the federal government, he still disapproved of the course which they had adopted. What was their complaint against us? That we were not sufficiently neutral. That we did not hold the balance even between the two parties-federals and confederates. Both parties in America, he believed, complained of us in this respect; but could there be a more open infraction of neutrality than the conduct of those who compel the poor Irish immigrants to enter their service, or who take them into their service? They were taking men in their service who were guilty of an offense punishable severely in this country. These men were criminals. The crime of which they were guilty had lately been made a misdemeanor by the foreign enlistment act; but in the reign of George II it was felony, and at one time it was a capital felony. The men were still criminals; and the federal government employed men knowing them to be criminals, and that it was only as criminals that they were entering into their service. Timé was when those same Americans complained bitterly of our employing foreign troops to subdue them-to do the very same thing toward them which the federals were now doing toward the confederates, endeavoring to restore the Union-that was to conquer, or attempting to conquer, the confederates by foreign troops. In the

drafts to supply the enormous demands which this most lamentable war had madehe believed not less than 600,000 in the course of the last two years-they took not regiments or corps, but thousands of persons from Germany, and he grieved to say, hundreds at least from Ireland. The Germans formed a great part of their resources to supply the blanks which this cruel war had made. These Americans complained of our conduct in 1778; and the worst thing they considered we did, in attempting their conquest, was the employment of Hessian and other German regiments in the course of the war. The eloquence of Mr. Burke and of Lord Chatham made the walls of Parliament ring with complaints of the German mercenaries being taken into the pay of the government for the purpose of subduing America. Now, these Americans were doing the very self-same thing, not by taking corps but thousands of individuals who are foreigners into their service, and employing them against the confederates. He wished his voice, which hardly reached the limits of that room, could reach across the Atlantic, to his old friends and clients-for taking part with whom in 1812, to which his noble friend referred, he had suffered much abuse in this country, being called at one time the attorney general of Mr. Madison, at all times the tool of Mr. Jefferson, and said in every respect to have given the preponderance to America over his own country; a groundless charge, but it was made, and it showed the anxiety and warmth with which he supported the cause of America. Would that his former clients would now listen to him, imploring them for once-once and for all-to be satisfied with the glory they had gained; for they had shown the greatest courage universally, both confederates and federals had shown the greatest fortitude, the greatest courage, the most extraordinary capacity for war-he meant for war as regarded mere fighting, which no doubt a great part of war was; and they had shown that, if they were not sparing of other men's lives, neither were they sparing of their own. Let them, then, be satisfied, for the love of peace, of Christian peace, with what they had gained by that glory, and let them at the last restore peace to their country. He believed there was but one universal feeling-not only in this country but all over Europe-of reprobation of the continuance of this war, of deep lamentation for its existence, and of an anxious desire that it should at length be made to cease. His noble friend had adverted to the possibility of intervention. He had himself refused, during the last three weeks, to present petitions from various mercantile bodies to urge on the part of the government intervention in the American war. He did not feel that the time had

yet arrived; but he lived in hopes that before long an occasion might arise when, in conjunction with our ally on the other side of the channel, we should interfere with effect, and when an endeavor to accommodate matters and restore peace between the two great contending parties would be attended with success.

Moved, "That an humble address be presented to her Majesty for copies of or extracts from any dispatches from her Majesty's minister at Washington relating to the proceedings or report of the select committee of the United States Congress on immigration, or to bills upon that subject brought into Congress." And also, "copies of or extracts from dispatches or reports respecting the enlistment of Irish immigrants at Boston and Portland in the month of March last, or to the enlistment of any of her Majesty's Canadian subjects in the United States Army."

EARL RUSSELL. My lords, my noble friend has moved for copies of dispatches and reports respecting the enlistment of Irish immigrants in the United States service at Boston and Portland, and, knowing perfectly well that those papers would be grantedfor their production has been promised-he has thought it right to raise his complaint that remonstrances have not been made at Washington against the proceedings adopted at those two places. Now, it is no doubt more convenient to complain of your minister abroad and your foreign secretary at home before you have the papers; but it would, I think, be more candid to wait till you have the papers, and then to see whether Lord Lyons or I have so entirely neglected our duty as my noble friend presumes we have done. I can only say, for Lord Lyons, that he has continually remonstrated, not only by dispatches and notes, but as he says more frequently in interviews with Mr. Seward; and since he has been at Washington nothing has given him greater vexation and distress of mind than those proceedings at Boston. I shall say nothing about myself at this moment except that I have seconded the efforts of Lord Lyons. Well, my noble friend, after many explanations on this subject, remains in the same confusion of mind, with respect to the foreign enlistment act, that was so prevalent at the commencement of this war. He says, "You allow muskets and powder to be conveyed to the federal States, while at the same time you prohibit ships from going to the confederates." In the first place, it so happens that there is that distinction in the law. There is no law which prevents persons in this country from taking arms or powder either to the federal States or to the confederates. Such articles are liable to capture, and the vessel conveying munitions of war may also be condemned, if found attempting to break the blockade; but those who carry such munitions are not liable to any punishment in this country for so carrying. There is likewise reason as well as law for this distinction. When you send muskets or powder as articles of merchandise, they, as the American authorities have always declared, are among the productions of the industry of the