been regarded by American statesmen as a cardinal element in American diplomacy.

The benefits of a strict observance of neutrality are too great and too many to be enumerated in the trial of the issue which I am about to

present to you. Suffice it to remark that, so great are those bene[236] fits, that from the beginning of our Government we have considered it the duty of every resident in this country, whether minister plenipotentiary, consul, or private citizen, to inquire the character and extent of our laws upon this subject, and carefully to observe them. No one residing here has a right to violate the national sovereignty of the United States by setting those laws at defiance, by the perpetration of acts derogatory to our character as an independent, impartial, neutra! nation; and any neglect of this duty renders him amenable to the laws of the land. As an example of the early feeling of our Government upon this subject, Mr. V. read the proclamation of President Washington, in 1793, in relation to "the war then existing between Austria, Prussia, Sardinia, Great Britain, and the Netherlands, on the one part. and France on the other, stating that the duty and interest of the United States require that they should with sincerity and good faith adopt and pursue a conduct friendly and impartial toward the belligerent powers."

I have therefore thought fit, by these presents, to declare the disposition of the United States to observe the conduct aforesaid toward those powers respectively, and to exhort and to warn the citizens of the United States carefully to avoid all acts and proceed

ings whatsoever which may tend in any manner to contravene such disposition. [237] *And I do hereby also make known that whosoever of the citizens of the

United States shall render himself liable to punishment or forfeiture by the laws of nations, by combatting, aiding, or abetting hostilities against any of the said pow ers, or by carrying to any of them those articles which are deemed contraband by the modern usage of nations, will not receive the protection of the United States against such punishment or forfeiture; and, further, that I have given instructions to those officers to whom it belongs to cause prosecutions to be instituted against all such per sons who shall, within the cognizance of the courts of the United States, violate the laws of nations, with respect to the powers at war, or any of them.

The justice of the principles contained and proclaimed in this message. no doubt produced in 1794 the passage of the first law for the protec tion of our neutrality. That act is the same in its principal features as the English statute 9 Geo. II, ch. 30, sec. 2, and 29, ch. 17, sec. 2.

Mr. Van Dyke then referred to the various acts of Congress which had at different times been enacted for the purpose of imposing punishment upon those who should violate the national sovereignty of the United States by interfering with the rights of belligerents.

The act of June 5, 1794, ch. 50, punishes any citizens of the United States for accepting and exercising a commission to serve in any war.

on land or at sea, in the service of any foreign prince or state. [238] and prohibits any person within the territory or jurisdiction of the United States enlisting or entering himself, or hiring or retaining another person to enlist or enter himself, or to go beyond the limits of the United States, with the intent to be enlisted or entered in the service of any foreign prince or state as a soldier, or as a mariner, or seaman on board any vessel of war, letter of marque, or privateer, and forbids the fitting out or attempting the fitting out of ships of war, within any of the waters of the United States, or procuring the same to be done. This act also forbids any person within the territory of the United States increasing or augmenting, or procuring the increase or augmentation, or knowingly being concerned therein, of the force of any ship of war, cruiser or other armed vessel of any foreign prince or state, or belonging to the subject of any foreign prince or state, the same being

at war with any other foreign prince or state with whom the United States are at peace.

Section 5 prohibits all persons within the territory or jurisdiction of the United States to begin or set on foot, or provide or prepare the means for any military expedition or enterprise, to be carried on from thence against the territory or dominions of any foreign prince or state, with whom the United States are at peace.

Section 6 makes the offense indictable in the district court of the United States.

Section 7 authorizes the President of the United States to em[239] ploy the armed forces of the United States, to prevent *the commission of the offenses declared against by the neutrality laws of the United States.

Section 8 authorizes the President to use the armed forces of the. United States to compel the departure of any armed ship of any foreign prince, in all cases in which by the laws of nations or the treaties of the United States they ought not to remain in the United States.

This act was to continue in force for two years, or until the next Congress thereafter. In 1797 the act was further extended for the period of two years.

On the 24th April, 1800, Congress, by an enactment, made the act of 1794 perpetual.

The next enactment was March 3, 1817, ch. 58, by which new punishment and penalties were imposed for a violation of the provisions of the act of 1794.

Mr. V. said he referred only to the substance of these acts of Congress, without delaying the court to read from the books, because, having been repealed by the law under which the present bills of indictment are framed, they are important for two reasons only:

1. They show, in a most conclusive manner, the policy of our Government in maintaining a strict neutrality on the international affairs of European powers. "Peace with all nations, entangling alliances with none" has ever been the motto, not only of the Government but of the people of this country.

[240] By adopting and strictly observing this just and fair *policy, the United States has in times of intense political excitement, and bloody and disastrous warfare in other countries, cultivated peace with all nations, and secured at all times national repose and commercial prosperity at home and respect abroad. By fulfilling with a strict impartiality our neutral responsibilities toward belligerent powers, we have in times past avoided the disasters which have befallen other free governments, and, by continuing so to do in the future, we will continue able to present to mankind an example of republican integrity worthy of imitation by the civilized world.

2. They are important, because, from their peculiar similarity with the act of 1818, under which these defendants now on trial are indicted, we are enabled more fully to comprehend the meaning of the several judicial constructions which have been given to them, especially in cases of prize, and to ascertain the bearing of such construction upon the act of 1818.

In 1818 the Congress of the United States felt the importance of remodeling the law upon the subject of American interference in disputes between foreign nations, and in act passed on 20th April, which repeals all former laws upon the subject, adopted a most wholesale law, which, though varying somewhat from former enactments, is the same in all essential points. Mr. Van Dyke referred to this act at

length. The defendants are indicted under the provision of the second section of this act. The grand jury have found several bills of [241] indictment against them *for the various violations of this law. which seem to them susceptible of the most easy proof.

It will be observed that the crime mentioned in this section consists in the doing of various acts. You will be instructed by the court that you must be satisfied of certain propositions which it will be my duty to submit to your consideration.

First. It will be necessary for the Government to satisfy you that the act complained of was committed within the territory of the United States.

Second. That the defendants, or either of them, enlisted or entered himself respectively in the service of a foreign prince, state, colony. district, or people, as a soldier, or as a mariner or seaman on board any vessel of war, letter of marque, or privateer.

Third. That the defendants, or either of them, hired or retained another person to enlist or enter himself in such service.

Fourth. That the defendants, or either of them, hired or retained another person to go beyond the limits or jurisdiction of the United States, with the intent to be enlisted or entered in such service.

Upon the first point I remark that, if from the evidence you are satis fied that the acts complained of were not committed within the limits of the United States, and also within the limits of the jurisdiction of this court, which is bounded by those counties forming the eastern district

of Pennsylvania, it will be your duty to acquit both the de[242] *fendants on all the bills now laid before you. Upon this point,

however, gentlemen, I think you will have no trouble. The evi dence will be conclusive that whatever was done by the defendants was done within the eastern district of Pennsylvania.

Upon the second point you are relieved from any inquiry, there being no charge in the indictment that the defendants, or either of them, enlisted himself in any foreign service.

Having found, however, the first point in favor of the Government. your investigations will be directed to the third and fourth points of inquiry, viz: Did the defendants, or either of them, at the various times specified in the various bills under consideration, hire or retain any or all of the persons mentioned to be enlisted or entered in a foreign service, or did they hire or retain any or all of the persons mentioned in these bills to go beyond the limits of the United States, with the intent to be enlisted or entered in such foreign service? If either, or both, then you will find them, or either of them, guilty on such counts in the indiet ment as are applicable to the facts upon which you base your conclusions, The court, I am of opinion, will inform you that the intent mentioned in the act refers to the intention of the party enlisted, hired, or retained. Not that such an intent must be an absolute determination to enlist when arriving beyond the limits of the United States, but the crime charged against the defendants being the hiring of some other person.

which other person must have the intent, it is sufficient ground [243] for conviction, if, *from all the testimony, you are satisfied that

the defendants, at the time they so hired or retained any other person, believed it to be the bona-fide intention of the person so hired or retained to enlist or enter such foreign service when he should arrive beyond the limits of the United States. Upon this point, however, gentlemen, you will have no difficulty upon many of the bills, as I shall be able to prove to your entire satisfaction, first, that the defendant Hertz thought the recruit had such intention; and, secondly, that the

recruit did, in fact, agree to depart from our jurisdiction with intent to enlist.

Having thus briefly reviewed the political policy of our Government, and the law applicable to the present prosecution, permit me to call your attention to the facts as I shall be able to present them to your serious consideration. So far as applicable to the prosecution, they are easily understood.

I have said that the war in the Crimea was conducted by the British, French, and other nations, as allies, against the single power of Russia. I have said that the consequences of that war had been disastrous to the besieging parties, and that the signs of the times indicated a still more humiliating fate. The English army having met the most serious losses, the government of Great Britain, in direct violation of her duty toward us, and with a design of misleading those residents of the United States who did not fully comprehend the nature of our laws, devised a plan for the purpose of partially regaining the position and [244] standing which, in the absence of the proper exercise of the

advanced military experience of the age, they had lost.

A plan for this purpose was adopted, and attempted to be carried out, by his excellency John C. Crampton, the minister plenipotentiary of Her Majesty, assisted by several agents of the British government, within the territory and jurisdiction of the United States; and I think that you will be satisfied that Mr. Crampton thus acted with the knowledge and approbation of his government. This high functionary of that government made contracts and agreements with certain persons known in this country as able and efficient officers in the various conflicts which have recently taken place on the continent of Europe. The parties thus contracted with were to commence a system of recruiting men within our territorial limits.

There will be examined before you two or three individuals who were engaged in carrying out this plan, and who, on various occasions, had interviews with Mr. Crampton, and with him adjusted and perfected the programme for this enlistment. Mr. Howe, Sir Gaspard Le Marchant, governor of Nova Scotia; Mr. Wilkins, his secretary; Mr. Barclay, the British consul at New York, and other British representatives in power, also assisted in and directed this flagrant violation of our law.

In the perfecting of this general design, Mr. Howe came to Philadelphia, and endeavored to make an arrangement with Colonel Rum[245] berg, well known here for many years as one of the publishers

of the German Democrat, and now known as one of the editors of the German Adopted American, published in Philadelphia and Pottsville. Mr. Howe brought to this gentleman a proclamation, which will be submitted to you, calling for enlistments within the United States to serve in the foreign legion, then forming at Halifax. Colonel Rumberg was at first pleased with the proposition, and felt disposed to lend his aid in its furtherance, but afterward, upon being informed that such enlistments were a violation of the laws of the United States, and that he might get into difficulties, he abandoned it.

He, however, translated the proclamation for Mr. Howe, and having met Mr. Hertz and Mr. Howe together at Jones's Ilotel, he published the proclamation in his paper for Mr. Hertz.

Arrangements were made by Mr. Howe and Mr. Crampton with the defendant Hertz, who, for them, undertook the enlistment of men at his office, which he opened for that purpose, at 68 South Third street. Mr. Hertz published and paid for the proclamation for these recruits in various newspapers. That proclamation was signed by Lewis M. Wil

kins, secretary of the provincial government of Nova Scotia, and cals upon persons to enlist in the foreign legion.

[246]

*While this matter was going on, Captain Strobel was either sent for by Mr. Crampton, or came himself to him, I do not recollect which, and entered into negotiations with him for carrying on this busi ness. Mr. Crampton told Mr. Strobel that he had written to his home government for the purpose of learning what arrangements should be made in this country for enlisting soldiers, and had not yet received a reply; but, as soon as he received it, he would let him know. A short time afterward he wrote him a note, informing him that he had received the reply, and was prepared to enter into the proper arrangements for carrying on the enlistment. They met together, and Mr. Strobel prepared for him a plan which he had devised for the purpose of recruiting men in the United States, and taking them beyond our borders to serve in the "legion." The plan, with some alterations, was adopted by Mr. Crampton, and Mr. Strobel was sent through the large cities of the United States to establish various recruiting offices. I give the most prominent facts, merely running over them as briefly as possible. After having first gone to New York, he came to Philadelphia, and met Mr. Hertz, who was then engaged enlisting men in this city, and who had a number already enlisted. Mr. Hertz had, up to the 24th of March, [247] one hundred men which Mr. Strobel was to take to Halifax; and *on

the 25th of March they sailed in the steamer Delaware, bound for that place. These men were enlisted at Hertz's office, No. 68 Sonth Third street, whither the advertisements had called them. Mr. Strobel saw them there enlisted, and, to a certain extent, assisted in enlisting them; and on Sunday, the 25th of March, he sailed in the steamer Delaware with about seventy-five men, the rest having deserted between the time of hiring or engagement, and the time of sailing. These men were taken to Halifax by Captain Strobel, and there examined and at tested; were placed in the barracks, and a short time afterward sailed for Portsmouth, England. On the following Wednesday, Mr. Hertz had made an arrangement to send another company of recruits from the United States, in charge of a person named William Budd, a very intelligent and good officer, whom he had also engaged to go beyond the limits of the United States, with the intent of entering into the British service. The officers of the United States having learned that this recruiting was going on, devised, in pursuance of directions from the administration at Washington, the means for stopping it; and after

Mr. Budd with his company had embarked from Pine street, on [248] board the steamer Sanford, being furnished *by Mr. Hertz with

free tickets for a passage to New York, where they were to get others from Mr. Howe to take them the rest of the journey, and hai progressed as far as the navy-yard, the United States marshal, having a warrant, went on board and arrested the whole company, and brought them to Philadelphia, where the parties who had assisted them, together with the papers in their office, were taken in charge.

That Mr. Hertz was engaged in willfully violating the law is proved by several circumstances connected with the case. He had the procla mation, in the shape of a handbill, printed and posted in the streets of Philadelphia, and paid for publishing the proclamation in the Ledger and Pennsylvanian. He took an advertisement to the German Demo crat, which called for recruits for the foreign legion, and had an office opened and individuals there to assist him in taking down the names of those who applied, and examining them to see if they would be received. He there told them that they would get $30 bounty and $8 a

3