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who, in a moment of pique, or from some fancied hardship they thought they had to endure, or from dread of punishment, have deserted from Her Majesty's service in Canada. Some of these men I have recently conversed with; and I find that, without exception, their hearts and warmest sympathies are with their native country in her present struggle.

I have not the slightest doubt but that from these men a very effective number might be recruited, having this advantage over any or all others, that they would be almost at once fit for duty, being already well-disciplined soldiers.

and was

I have myself served Her Majesty in the "discharged in consequence of having paid the regulated sum of 307.," as it is stated in my discharge.

Should you consider the above suggestion worthy of notice, I would be glad to offer any assistance in my power, and would deem myself happy in my own person, to replace, however inadequately, one of those gallant men who fell in that most tremendous charge at Balaklava.

Hoping your Excellency will graciously lay my boldness in addressing you to the score of my love for my native country, and loyalty to my Queen whose bread I have eaten, I beg, &c. J. F. Crampton, Esq.

No. 50.-The Earl of Clarendon to Mr. Crampton.

SIR, Foreign Office, November 10, 1855. MR. BUCHANAN called at this office some days ago, and in a very friendly manner asked me if I should object to inform him why such large reinforcements had been sent to the British squadron on the West India Station, as he was apprehensive that when the intelligence reached The United States, it would cause considerable excitement, and tend to increase the feelings of irritation which already existed in that country.

I told Mr. Buchanan that I had no difficulty in answering his inquiry with perfect frankness, and that I would, in the first place, assure him that there was no intention on the part of Her Majesty's Government to attack or menace The United States, but that, as we had reason to believe that ships were fitting out for Russia in the ports of The United States, and that a great conspiracy was in progress there for the purpose of promoting insurrection in Ireland, as we knew that a United States' ship had lately taken the soundings in the ports of most of the British West India colonies, and that the commander of that ship had privately made minute inquiries respecting the state of the defences and garrisons in those colonies; and as we had received a note from Mr. Marcy to Mr. Crampton, couched in terms so unfriendly, that it appeared to indicate a fixed

purpose on the part of The United States' Government to provoke a quarrel between the two countries, Her Majesty's Government had thought it their duty to take measures for the protection of British interests against any attack that might be made upon them, and to be prepared for events which they have done nothing to provoke, and which they would still do their utmost to avert.

In answer to an inquiry of Mr. Buchanan, as to the destination of the ships sent out, I informed him that they would not go near any American port, and I repeated that protection of British interests, and not provocation to The United States, was the object of Her Majesty's Government.

At a subsequent interview which I had with Mr. Buchanan, he appeared to be under some misapprehension as to the number and calibre of the ships that had been ordered to the West India Station, and I informed him that four ships had only been sent, three of which were gone to Bermuda and one to Jamaica, from which stations they were not to move without further instructions, and that no more were going or had been ordered to go.

I likewise stated to Mr. Buchanan that Her Majesty's Government had learned with satisfaction that the ship fitting out at New York, and which we had reason to suppose was destined to intercept our Australian trade, was going to China; and that The United States' Government had, in reply to your application, given an assurance that no infraction of the American law should be permitted on the part of those persons who were contemplating an insurrection in Ireland; and I trusted, therefore, that not much time would elapse before the ships in question would be recalled or sent on some other service, as Her Majesty's Government were unwilling to doubt that the difference which had arisen with respect to enlistment would be amicably arranged. J. F. Crampton, Esq.

I am, &c.

No. 51.—Mr. Crampton to the Earl of Clarendon.—(Rec. Nov. 12.) (Extract.) Washington, October 29, 1855.

WITH reference to my despatch of the 16th July last, I have the honour to inclose the copy of a despatch which I have received from Her Majesty's Consul at Cincinnati, announcing that a true bill has been found against him on the charge of enlisting men for Her Majesty's service.

The Earl of Clarendon.



(Inclosure.)-Consul Rowcroft to Mr. Crampton.

Cincinnati, October 23, 1855.

I LOSE no time in informing your Excellency that a true bill has been found against me, jointly with Mackay, Turnbull, and Hamilton,

on the charge of enlisting men at Cincinnati for the service of Her Majesty. I have, &c.

J. F. Crampton, Esq.


No. 52.-Consul Rowcroft to the Earl of Clarendon.-(Rec. Nov. 13.) (Extract.) Cincinnati, October 24, 1855. YESTERDAY the Grand Jury found a true bill against me and others, namely, William Hamilton, Robert Mackay, John Turnbull, British subjects, and De Korponay, Hungarian, on the charge of enlisting soldiers in Cincinnati for Her Majesty's service.

The trial cannot come on before the 18th of December, owing to the number of other cases before the court.

This case (against the British Government really) is continued to be carried on by the Irish party with the utmost virulence; and no pains or bribes are spared to suborn witnesses for the prosecution.

As an instance of the unscrupulous manner in which the case is prosecuted, I will mention that one of the police officers (of the name of Russell) who arrested me in my house in July, and who was one of the witnesses in the preliminary examination in July, was smuggled into the Grand Jury-to form one of the Grand Jury-to decide on the presentment. I will add that the indictment charges me and the others with having enlisted one Frederick Poschner. This Poschner was one of those arrested and held to bail in July: he has since been induced to become a witness for the State.

The Earl of Clarendon.



No. 53.-The Earl of Clarendon to Mr. Crampton. Foreign Office, November 16, 1855. In my despatch to you of the 2nd instant, I inclosed the copy of a despatch from Mr. Marcy, which had been read to me and placed in my hands by Mr. Buchanan.


Before I proceed to offer any remarks upon this despatch, it will proper to state that when it was read to me by Mr. Buchanan, I had no cognizance of Mr. Marcy's despatch of the 15th of July, to which it alludes, and of which a copy was also transmitted to you; and upon my observing this to Mr. Buchanan, he said he had not thought it necessary to communicate it to me, as before it had reached him he had received my note of the 16th July, which he thought would finally settle the question that had arisen between the two Governments. Her Majesty's Government shared the opinion of Mr. Buchanan. They did not doubt that the frank expression of their regret for any violation of The United States' law which, contrary to their instructions, might have taken place,

and of their determination to remove all cause for further complaint by putting an end to all proceedings for enlistment, would have satisfactorily and honourably terminated a difference between two Governments whose duty it was to maintain the friendly relations which have hitherto, and to their great reciprocal advantage, happily subsisted between Great Britain and The United States. But as this expectation has been disappointed, and as a spirit altogether at variance with it has been manifested by the Government of The United States, Her Majesty's Government, while they fully appreciate the friendly motives which actuated Mr. Buchanan, are now disposed to regret that he withheld the despatch of Mr. Marcy, as it would have called their attention to proceedings against which The United States' Government thought itself called upon to remonstrate, and which would at once have been inquired into, as Her Majesty's Government, in a matter which concerned the law of The United States, were scrupulously desirous that no just cause for complaint should arise.

This despatch, however, of which Mr. Buchanan has given me a copy, together with Mr. Marcy's despatch of the 13th of October, have now been considered with all the attention that is due to them; and, in conveying to you the opinion of Her Majesty's Government, I shall endeavour to exclude from discussion the subjects which are foreign to the question immediately at issue, and which might lead to irritation; and this course will be the more proper, as Her Majesty's Government observe with satisfaction that Mr. Marcy's note of the 13th October is not framed in the tone of hostility which characterized his note of the 5th September, to you.

It appears that two distinct charges are made against the officers and agents of Her Majesty's Government:

First. That they have, within The United States' territory, infringed The United States' law; and

Secondly. That they have violated the sovereign territorial rights of The United States by being engaged in "recruiting" for the : British army within The United States' territory.

Now with respect to both these charges, I have to observe that the information possessed by Her Majesty's Government is imperfect, and that none of a definite character has been supplied by the despatches of Mr. Marcy, inasmuch as no individual British officer is named, and no particular fact, or time, or place is stated; and it is therefore impossible at present to know either who is accused by Mr. Marcy, or what is the charge he makes, or what is the evidence on which he intends to rely.

Her Majesty's Government have no means of knowing who are the persons really indicated by the general words "officers and agents of Her Majesty's Government;" whether such persons as [1856-57. XLVII.]

2 F

those who have been under trial are the only persons meant to be charged, or, if not, who else is to be included, or what evidence against them is relied upon by The United States' Government.

It is true that you and Her Majesty's Consuls are personally charged in Mr. Marcy's note to you of the 5th of September, but neither you nor they are alluded to in Mr. Marcy's despatch of October 13 to Mr. Buchanan, which might not unreasonably have been expected if it really be the intention of The United States' Government to charge you or them with being "malefactors sheltered from conviction" (to use the official language of The United States' Attorney-General).

They must, therefore, request The United States' Government to make and establish more distinct charges, with proper specification against particular individuals by name; and that Government will, I am confident, not deny the justice and the necessity of giving each person implicated the opportunity of knowing what is alleged against himself, and of dealing with the evidence by which the charge may be supported.

I shall accordingly abstain from offering the remarks which perusal of the evidence at the recent trials, and the character and conduct of the witnesses, have naturally suggested; nor will I observe upon the temper and spirit in which the officers of The United States' Government have throughout proceeded, and which displayed their desire rather to influence the public mind against Her Majesty's Government, than simply to prove the facts necessary to convict the accused parties; this tone and spirit being the more remarkable when it is remembered that the proceedings complained of had been for some time definitively abandoned out of deference to The United States' Government, and that the question to be determined was the character and complexion of acts done many months previously, under a state of things no longer existing.

With reference to the second charge by Mr. Marcy, namely, that "of violating the sovereign territorial rights of The United States by recruiting for the British army within their territories," I have to observe that, apart from any municipal legislation in The United States on the subject of foreign enlistment, or in the entire absence of any such legislation, Great Britain, as a belligerent nation, would commit no violation of "the sovereign territorial rights of The United States," simply by enlisting as soldiers, within British territory, persons who might leave The United States' territory in order so to enlist; the violation alleged is the "recruiting" within The United States; but to assume that there was, in fact, any such recruiting (that is, hiring or retaining by British officers), is to beg the question.

It appears to Her Majesty's Government that, provided only

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