to its officers in the United States. We are told by Lord Clarendon that those officers had "stringent instructions" so to proceed as not to violate the municipal law-thu is, to violate its spirit, but not its letter. If so, the instructions themselves violate the sovereign rights of the United States.

But, in the meantime, every consul of Great Britain in the United States is, by the avowal of his government, subject to the just suspicion of breach of law; while, apparently, he must either have disobeyed his own government, or, in obeying it, have abused his consular functions by the violation of his international duty to the United States.

[464] *In these circumstances, it is deemed highly necessary that the British consul at Philadelphia, or any other officer of the British government, shall not be suffered to interfere in the trials, as he attempted to do on a previous occasion; that no letter of his be read, except in the due form of evidence, and that if he have anything to say, he shall be put on the stand by the defense, in order that he may be fully crossexamined by the prosecution.

It is clear that he has no right, by any rule of public law, or of international comity, to be heard in the case by the court, otherwise than as a witness, whether enforced or volunteer.

I have the honor to be, very respectfully,

JAS. C. VAN DYKE, Esq.,

United States Attorney, Philadelphia.

C. CUSHING.

You honor will perceive that the object in this prosecution has been as much to break up the general system which had been adopted by the British government to violate our municipal laws, as it was to punish those who should be found guilty as the instruments of that government.

If the present defendant, since his conviction, has contributed in any manner to aid the Government in this investigation, and that aid has been the result of a sincere regret and repentance for his past con

duct, it is, in my opinion, but just that he should have the [465] *benefit of his present conduct in the sentence which your honor may see fit to pronounce in his case.

I therefore move that the defendant's confession be read; and that it be filed of record among the proceedings in the cause-to be duly considered by the court, in the judgment which may hereafter be pronounced against the defendant.

Per curiam. Let the paper be read and filed of record.

The confession is as follows:

UNITED STATES, EASTERN DISTRICT OF PENNSYLVANIA, 88:

Be it remembered, that on this 11th day of October, A. D. 1855, before me, Charles F Heazlitt, a commissioner of the United States, personally came Henry Hertz, who being duly sworn, says:

That some time in the month of January, 1855, I read in the London Times a notice of the passage of a resolution of the British Parliament, authorizing the enlistment of a foreign legion. A day or two afterwards I went to the United States Hotel, where I heard three or four gentlemen speaking of this country as a place where enlistments could best be made. One gentleman by the name of Miller pointed at me as the man best fit for enlisting men for the British service, because, as he said, I am so well known among the German and foreign population. One of the gentlemen sitting there [466] arose and said to me, "I am an English officer; *I am not particularly engaged in

this matter now, but I can tell you how to embark in it without running any risk. and I would be glad if you would engage in it; but in order to accomplish this, it is necessary for you to go to Washington, and see Mr. Crampton, the English embassa dor." From what I learned afterwards, the name of the gentleman was Mr. Bruce McDonald. Two or three weeks afterwards I went to Washington, and was introdnerd by many gentlemen by letters to Mr. Crampton. I had obtained these letters without telling those gentlemen the object of my visit; but before delivering any of these

*

letters of introduction, I addressed a note to Mr. Crampton, requesting an interview with him; that note did not state the object of the interview. The principal object of my visit to Mr. Crampton was to ascertain whether I could safely embark in this euterprise. I was stopping at Willard's Hotel, and in reply to my note, I received the note hereto annexed, marked A, (C. F. H.) (This note has been published in Mr. Strobel's testimony, and will be found, ante, at top of page 327.) After the receipt of this note I called on Mr. Crampton, at his residence; it was on Sunday morning when I called; I saw Mr. Crampton; he said in substance, "Your letters of introduction assure me that I may have full confidence in you; I have not sufficient authority yet from the home government with regard to the matter, but I expect early authority from Lord Clarendon. I have already received a letter from Lord Clarendon, [467] inquiring how many men might be enlisted in this country for British service, and what the United States Government would think of such an attempt. I can tell you this, that if you embark in this matter you can make a great deal of money; if procuring of men for the English service should be undertaken, it will be very advantageous to you; but I expect a letter from Lord Clarendon by the next steamer, which may be expected in eight or ten days, giving me full explanations and instructions how the matter is to be conducted." In this conversation he had a reference to enlistments in this country for the Crimean war. He stated that he had answered Lord Clarendon's first letter, and that the letter he expected was in reply to his answer. He did not state the contents of his answer to Lord Clarendon's letter. He then said, "I have nothing more to tell you to-day, but when I receive Lord Clarendon's letter I will write to you." I returned to Philadelphia, and should have thought nothing more of the subject, but about the 5th of February, 1855, I received a letter from Mr. Crampton, through the post-office, which letter is hereto annexed, marked B, (C. F. H.) (The letter referred to is published ante, second letter on page 329.) I sent him a telegraphie dispatch, that I was too much engaged to come to Washington now,

but that I would call upon him at Washington as soon as my time would permit it. [468] I went some days afterwards, say three or four days, to Washington and saw Mr.

Crampton at his private residence; he was indisposed. I told him I had received his letter and desired to know what I had to do. Mr. Crampton replied, "I have received a letter from Lord Clarendon, which contains the statement that the British government has made arrangements to establish depots at some place in Canada, on the frontier of the United States, in order to receive the men who may be procured in the United States. In pursuance of this information I have sent my special messenger to the governor-general of Canada and to the commanding general of the troops in Canada, (whose name I believe is Roy,) requesting them to designate the places where depots may be established for the reception of persons who may be procured in the United States." I informed Mr. Crampton that I had incurred expenses already by coming twice to Washington, and that I would have to waste more time until the messenger returned, and that I would have to neglect my business; I therefore requested him to refund to me the expenses already incurred by me. Mr. Crampton replied, "I have at present no money at my disposal, and have no authority to give you any, but I am certain you will be paid not only for your services, but that your expenses will be repaid to you." I asked Mr. Crampton what was to be done? How is this matter to be conducted? He said, "As far as I know there is a law in the United States for[469] biding the enlisting of *soldiers within the territory of the United States; it

is, however, not difficult to evade this law, because, who can prevent you from sending laborers to Canada. But we must take care to do this in such a way that it shall not appear in defiance of the Government.

"My idea is, further, that if you have twenty-five or thirty men together, that either yourself or some confidential person should take them direct by railroad to Montreal, where, I think, a depot may be erected." I then asked him, When do you think this matter will commence?" Mr. Crampton said, "I cannot say precisely yet, because my messenger will perhaps be prevented from returning to Washington very soon, as the roads are obstructed by ice and snow. It is possible that he will call on you at Philadelphia, on his return from Canada, and will give you the necessary information. In the mean time you may call upon our consul, Mr. Matthews, in Philadelphia, and he, Mr. M., will probably be able to give you the necessary instructions." The conversation with regard to the procuring men was finished, but I reverted again to the law bearing upon the subject. I asked him, "How am I backed in case a charge is [470] made against me? I have a wife and children." *Mr. Crampton replied, "First,

that the law was exceeding lax; and, secondly, that if anything should happen, the British government would not allow any one to suffer who had been engaged in assisting them in furnishing the men." I replied that "the popular voice is against this matter;" but Mr. Crampton said, "Never mind about this popular voice; if a house in Liverpool fails the whole United States trembles." After Mr. Crampton had given me such assurances, and had used the expression "I give you my word as a gentleman that nothing unpleasant shall happen to you," I then made up my mind to act for the British government. Before I left, Mr. Crampton assured me that he would send a

man to my house in Philadelphia, who would make such arrangements with me would enable me to procure men, and send them to their destination. I then returni to Philadelphia, and waited ten days, without hearing anything of the matter. I called then on Mr. Matthews, the British consul in this city. Mr. Matthews received me very politely, and informed me that he was just reading a letter from Mr. [471] Crampton, in which my name is mentioned. He further said, "We (speaking “of

his government) are very anxious to procure men; but, alas, we have not received any instructions from Canada as to where the depots are to be erected; however, we expect every day and every hour the return of the messenger." About three, four, or five days after that I visited Mr. Matthews again. He then said to me, I would advise you to go down to Washington again, for," said he," although I do not know of any of the particulars of the case, yet I have no doubt Mr. Crampton does and can give you all the information necessary." "This was about the 15th of February. I went to Washington again and saw Mr. Crampton, though he was indisposed.. All that I could learn from him was that in a week or two he would send a man to my house in Philadelphia. This man, he said, he expected would be sent from the government in Canada to my house, with instructions and means for the recruiting of men in this country. In this coaversation Mr. Crampton also stated to me that if I should get into any difficulty i should employ eminent counsel. He also said that, so far as he could ascertain, the Government of the United States would not interfere in the matter. I must distinctly [472] *aver that, in particular this last statement and representation on the part of Mr.

Grampton gave me such full assurance that I did not for one moment think it possi ble that I could be charged with a misdemeanor or crime. I thought that the matter hal been privately arranged between the United States and the English government : Mr. Crampton endeavored to and did leave that impression on my mind. I was led so to believe from what Mr. Crampton said to me. I returned to Philadelphia, and in aboat a week afterward, on returning home from my office one day, my wife handed me 3 slip of paper on which was written "Joseph Howe, Jones's Hotel, parlor No. 1." She stated that the gentleman, whose name was on the paper, called and spent with he two hours waiting for ine. After dinner, on the same day, I called on Mr. Howe at his hotel and saw him. He asked my name, which I gave him. He said he was extremely glad to see me, as his time for staying in Philadelphia was very limited; that he had to go to New York and Boston, where his agents expected to see him in a few days. I asked him what authority he had for engaging me to enlist men for the foreign [473] legion? "He answered, "I am authorized by the governor, Sir Gaspard Le Mat

chant, of Nova Scotia, who, in accordance with instructions from the English government, is the only man who had control of the enlisting service for the forei legion, and the especial control over the depot in Halifax, established for the men procured in the United States. I told him this is all very well, but I have not the pleasure of knowing the governor. He answered me, Mr. Crampton has given me your direction, and recommended you as a man in whom I can place full confidence." Ianswered him" that I would believe anything, but I should like to see some documents from Mr. Crampton." He said, "I am sorry that I cannot show you such at prestit as the only document I have received from Mr. Crampton was an introduction to Mr. Matthews, and that letter I have already delivered." I said I would be satisfied if Mr. Matthews would corroborate his statement, and then I would be willing to act on his proposition. He asked me to see him again the next morning at 9 o'clock. I called

at 9 o'clock the next day and met there Captain Rumberg, Lieutenant Van Essen, [474] and another gentleman by the name of Link, a friend of Mr. Van Essen. Mr.

Howe introduced me to those gentlemen, who I knew before, but had never any conversation with them about the recruiting business. He, Mr. Howe, said, “Guthmen, I suppose you know Mr. Hertz; he is the only confidential agent for the State of Pennsylvania to get men for the foreign legion." I said to him, “I have not got so far yet, and stand upon my demand of yesterday," referring to his statements being corroborated. He said, "that is all right; that gentleman," meaning Mr. Matthews, "knows you already."

This interview was on the 13th March. He said, "I am glad to hear that Mr. Matthews has made all inquiry about your character, and feels fully satisfied." Mr. Howe then said to Mr. Runberg, "that he would get a colonelship, and Van Essen a captaincy, and told me by all means to send off those men (Mr. Rumberg and Van Essen) with the first transport, in that capacity." I answered, "that if I was satisfied I would do so." He bowed to these gentlemen, and begged to be excused, as he wished particularly to speak with me alone. They went away. Mr. Howe then said, [475] "I have heard from Mr. Crampton, that you are a man of limited means: aud

as means are necessary, he could furnish me with any amount." I told him I wanted £250 to £300 to start with. He answered, "That is only a trifle. You need not be economical, as money was no object at all. I cannot give you more than 80 at present, as I have drafts on different places, which I will put in the hands of one mat. and this man would get authority from me to furnish you with the means you want. “That it would be necessary to get men as quick as possible, and for this purpose

I

think it would be best to insert some advertisements in the German papers, and in the English papers that are most read by the Irish population, who are Her British Majesty's subjects." I asked him what he meant to insert or advertise-if he thought it proper that I should call for volunteers; he said, “That will not do, but I will write you an advertisement which you may insert immediately, without any risk." He wrote this paper (hereto annexed marked C. C. F. H. This paper is the original proclamation, published, ante, on page 326) in my presence, and delivered it into my hands. He also wrote a contract for me to sign, in which I acknowledged my[476] self to be a referee for the governor of Nova Scotia, and was willing to send men. I was to receive $8 for each man sent to Halifax, and extra for each man that was competent to be an officer-£4 extra. And for sergeants I was to receive $4 extra. I did not know at the time that this contract was illegal, and have never received anything for any services I rendered Mr. Howe. Mr. Howe stated in this conversation, in the presence of Rumberg, Van Essen, and Link, that Mr. Crampton had given him the direction of each of us, referring to Rumberg, Van Essen, and myself, as the only persons with whom he was to confer in this city, and that Rumberg and Van Essen have been highly recommended to Mr. Crampton by some French embassador. He then went to his writing-desk, took out $300, and was handing them to me. I told him, "I do not take any money from you." I had so told him once before, as I actually wanted the money through the hands of Mr. Matthews. I was at this time still doubtful whether I should embark in this enterprise, as all I have been stating now was mere conversation; and I had not done anything at all that could

make me liable in any shape or form. I desired to test the question whether I [477] should act or not, thinking that Mr. Matthews would not play any part in this

affair, if it would be against the law of the country, and I therefore asked that the first step be taken by him. Mr. Howe then said, "If I would prefer that Mr. Matthews should give you the money, it should be done so." I answered, that his doing so was a great object to me, as he, Mr. Howe, was only a transient visitor, and could leave the States any time he was disposed, but Mr. Matthews, as a British functionary in this city, would feel himself bound to cover me if anything should happen, or any charge should be made. He said, "I am very glad to hear that you are so cautious, and I will meet your wishes; please call to-morrow morning here, at 9 o'clock, and if I have not left the city, I will take you to the room of Mr. Matthews, in the same hotel, and he will give you the money; but if I have left, go to Mr. Matthews, in his office, and get the money there, if he has not before sent it to your house. I asked him why he staid at Jones's Hotel; he said, as the British consul stopped there, he did so; we shook hands and I went away. In the course of this conversation, Mr. Howe remarked "there is no necessity to be afraid of anything; the laws of the [178] land here are but poorly enforced, *and £100 might purchase all the laws of the

me"

land."

On the morning of the 14th of March I went to Jones's Hotel; Mr. Howe had left, but Mr. Hicks, the book-keeper of Jones's Hotel, handed me an envelope without an inclosure; on the fly or fold of the envelope were written these words: "Go to Mr. Matthews; it is all right." I went to Mr. Matthews's office and saw him there; he told he had just sent his clerk up to my residence, 424 North Twelfth street, with $300, which Mr. Howe had requested him to give me, and if I would stay there, or come back again in a quarter of an hour, his clerk would be back, as he wished to have me give a receipt for the money." I remained and conversed about the best plan to begin the matter; Mr. Matthews observed "that he would be glad to assist me in anything, but it must be a secret, as his official standing would not permit him openly to have anything to do in the matter." The clerk returned, when the conversation ceased at a signal given to me by Mr. Matthews. The clerk handed the packet to Mr. Matthews,

and Mr. Matthews counted to me $300, and I took the paper (marked D. C. F. [479] H.) in which the money had been inclosed to me. *The following is a copy of this paper in handwriting of Mr. Matthews:

"Mr. Howe requests the $300 sent may be given to Mr. Hertz, on his receipt in Mr. Howe's name."

He handed me a slip of paper, and asked me "to give him a receipt;" he said, "Be careful to put Mr. Howe's name in it." I wrote the receipt in these words:

"Received, Philadelphia, 14th March, 1855, of Mr. B. Matthews, three hundred dollars, on account of the Hon. Mr. Howe."

Mr. Matthews stated further that "if you want anything for vessels, or means for conveyance, you must go to Mr. Henry Winsor, on the wharf near Pine street, and he will furnish you with anything in his line; that he (Mr. Winsor) had moneys in his hands, or under his control, belonging to Mr. Howe."

I took an office on the 14th of March, and went to the Pennsylvanian and Ledger and inserted the advertisement written by Mr. Howe. The Ledger notice was an abstract, the Pennsylvanian inserted it at length. Mr. Rumberg attended to the ad

vertisements in the Democrat Free Press. On the 16th of March the business [480] commenced, plenty of men came, and the *first day I had so many that I could

make a transport. I went down to Mr. Winsor and told him I wanted a c veyance for about one hundred to one hundred and forty people to Halifax; he said, there is no possibility to get it from here direct to Halifax, but means are procured to send them from here with his steamers to Boston, and there the regular packets would take them to Halifax; but, at all events, it would not be possible to send such a number before Saturday, the 24th, as the steamer would not go before. I was placed in an unpleasant position, as those men were very poor, and were anxious to start. I was, therefore, necessitated to give them a little money to live. I believe it was the 16th or 17th, in the afternoon, about nine or ten persons, calling themselves English subjects, came to my office; they told me they had just come from the British consul, who had sent them to my office to get tickets, which were left there the same day, in the morning, by T. L. Bucknell. I told them I would give them tickets if they would bring me a written receipt from Mr. Matthews, as I had my instructions to use these tickets with discretion. They went away; in about half an hour after a message was sent from Mr. Winsor wishing to see me. I went down; he presented me a letter [481] *addressed to him, from Mr. Matthews, in which he desired that Mr. Winsor should

get tickets from me, and furnish the people who had called upon me as English subjects with free passage by the schooner Benita, of Halifax, Captain Coffin, then lay ing at Pine street wharf, and pay the captain $12 for each ticket returned by the captain to Mr. Winsor. I gave Mr. Winsor eight tickets, and he gave me the receipt hereto annexed, (marked E. C. F. H. This receipt will be found, ante, page 416.) and I saw the captain give to Mr. Winsor a receipt for $96, as the captain had returned the eight tickets he had received from Winsor to him, and bound himself to deliver up these men in Halifax, and further to return to Mr. Winsor $12 for each man he should not deliver up at Halifax. The captain took the eight men in his schooner, and sailed with them that evening. The same day I wrote a letter to Mr. Howe asking for funds. Mr. Howe's direction was given me by Mr. Matthews. The following morning I got a telegraphic dispatch directing me to call on Mr. Winsor and get funds. I went to Mr. Winsor and told him I wished $500; he told me that he had an order to pay me $1

only; that Mr. Howe would be here perhaps that day or the day after, and he would [482] *furnish me with more. At the same time Mr. Winsor told me that the steamer

that

Granite State did not belong to him any more; that he had sold her to another tirm, and he did not think the firm would pay a charter for taking passengers; he did not know, therefore, how he would act to-morrow, as he could not procure any other vessel. I telegraphed directly to Mr. Bucknell asking him what I should do to get conveyance for my "brave people." I did not get any answer. The reason why! telegraphed to Mr. Bucknell was that he was the only man to assist the agents in sending away men. Bucknell told me he was the only man that was authorized by Mr. Howe to assist the agents in sending the men to Halifax, as Mr. Howe himself was very much occupied, and traveling from one place to another. [483] *To get the people away, I went down to Sandford's line, and made an agree

ment with Mr. Eldridge to pay him $4 for each man he would take in his steamer to New York, if he could delay the departure of his steamer till Sunday. I wanted to have him to send the men by the steamer Sandford. As Mr. Eldridge did not know me, Mr. Winsor went in and told him that everything that I did he would be respon sible for. On the 25th, in the morning, the people were ready to start at 5 or 6 o'clock. but as I had no money to furnish Mr. Strobel, who had command of the party, I went up to Mr. Matthews at Jones's Hotel, in his room, at 5 o'clock, and told him the people were there by the wharf, but Captain Strobel was not willing to start without money. and the poor people wanted to have money in their pockets. He got out of his bed and got $50, and handed it to me, saying "if that is not enough, I will give you more. I went down to the wharf, and gave $25 to Mr. Strobel, and divided the balance among the men who were going-eighty or ninety people. These people were those I had engaged at my office to go. They went off to New York. I went the same night, the 25th, to New York, and went to Delmonico's hotel, where I found Mr. Bucknell sleeping in Mr. Howe's room. I told Mr. B. that the people either were there, or would come. as they left this morning, and asked how they were to be conveyed to Boston. I also told him that Mr. Strobel would be there and receive his further orders. Mr. Bucknell said that he would make it all right; that I should go to Mr. Barclay, at his private

residence, College Place, and he (Bucknell) would soon be there to make further [484] arrangements. I went away, and returned to Delmonico's in about an hour. I

to

met there Mr. Strobel, who had arrived; he told me that he wanted money feed the people; that he was obliged to take them, in four different parties, to four different boarding-houses in Greenwich street. Mr. Bucknell came down, and we weat up to his private room, where he told me that he would go with us himself to Mr. Barclay, at his office in Barclay street, and that I should go with him. I went with him, and he and Mr. Barclay went into an inner room. Mr. Bucknell then came out, and told me to wait in his private room at Delmonico's, that he would come directly and bring the money. He came and gave me $100, which I delivered in his presence to Mr. Strobel, less $5. I gave him $80 at that time, and had given $15 before, thai