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spread the words, “Central Ame- to the United States, witlı much greater rica," over the British possessions in reason might the government of Great Britain, that quarter, but to make the lan- in the other case, if the assumption of the guage of the Treaty retrospective. “Not government of the United States were to be to occupy," was to evacuate--"not to acted upon in the construction of the conven
tion, complain of it as prejudicial to Eng. colonize," was to abandon colonies,
land. In vain was it urged in the Senate by Mr. Seward, that senators, who now The truth is, the reciprocity is professed to be in ignorance of any complete; but it is prospective. The other interpretation than that put status quo is started from ; and upon the Treaty by factious and place- the mutual engagements grounded hunting individuals, “could not have upon it are strictly equitable. To asbeen, or at least ought not to have sert that the Treaty reads differently been, under any misapprehension as
---that we have signed away our to its meaning, even supposing (a rights, and must relinquish them, is thing difficult to suppose) that they pretty nearly as reasonable as to tell were not aware of the declara- a man who has hired horses for a tion on the part of Great Bri- post-chaise along with you, to travel tain which accompanied its ratifica- to the next stage, and who has his tion : it being notorious that a Bri- portmanteau in it, that he must leave. tish settlement, by whatever title it his luggage behind, or you will remight be held, did exist at Belize, move it by force, as you had not and that it could not have been rea- agreed to bring it along with you. sonably supposed by any one that the Such would seem to be the comBritish government had entered into mon-sense of the case as regards Aran engagement to abandon this set- ticle 1 of the Clayton-Bulwer Treaty. tlement by a Treaty in which it was The construction suggested irresistnot even alluded to."
ably to the mind, we might expect, To meet this, but one argument
would be the interpretation originally was used. Could it be supposed that placed upon it by the statesmen of America would deliberately have the American republic, in spite of the bound herself never for all time to contemptible quibbles of Mr. Cass occupy a foot of ground in Central
Considering the cirAmerica, and yet leave England in cumstances under which the Convenpossession of territory in that region? tion was entered into the characters Here, it was said, was no reciprocity: of the men who were concerned in Is not the answer plain—where would its preparation---the objects for which be the reciprocity, were the Treaty it was framed--the magnitude of the interpreted in the American sense? interests involved, and the power England would have lost everything, and dignity of the nations between and America would have lost nothing. whom it was negociated, it was to Lord Clarendon, in his despatch of be expected that the most comprethe 28th of September, 1855, enun
and his party.
hensive construction would be given ciates this with much force and clear- to its provisions, and that no attempt: pess.
would be made by either party to Neither can her Majesty's government sub
special-plead, or force meanings out scribe to the position, that, if the convention of it opposed to its own character and did not bear the meaning attached to it by tenor, to say nothing of the general the United States, it would have imposed impression of the governments of the upon the government of the United States respective countries at the time of its a self-denying obligation which was not completion. Yet the facts, as our equally contracted by Great Britain, and readers well know, prove how groundthat such a state of things could not have
less such expectations would have been in the intention of the contracting
been. Mr. Crampton, who sucparties; because if the convention did bear the
ceeded to the honorable and ardumeaning attached to it by the United States, it
ous post of her Majesty's represenwould then have imposed upon Great Britain
tative at Washington, immediately the obligation to renounce possessions and rights without any equivalent renunciation
after the ratification of the Claytonon the part of the United States. If the Bulwer Treaty, which he had had so government of the United States can com- large a hand in assisting to bring plain in the one case of the convention, as to a conclusion, was soon made aware presenting an unilateral character unfavourable of the difficulties and disappointments.
that were before him. In place of and it is to be observed that this it that liberal, enlightened, conciliatory, was the object of America to proand straightforward character which voke. The strong point against her had marked the policy of the minis- was contained in the plain question--ters in 1850, he had to encounter all what did the parties mean at the the vexa ions which a petty and cap-. time? To this our Minister should tious spirit of opposition was calcu- have stuck--nothing should have led lated to engender : and it may truly him to the right hand or to the left:-be said that for the last three years nevertheless, he was soon entangled he has been engaged in little else inextricably in the Mosquito question than the thankless task of vainly in the affair of the cession or exreiterating his endeavours to bring change of Greytown-in the original the government to which he is title to our possessions at Belize--in accredited, back to those views everything, in short, except the single and sentiments which presided essential one-does the Treaty disat the negociations of 1849. We are turb our status quo ? Mr. Crampton, not without our suspicions that his it may be presumed, was in this no identification with the policy of that master of his own course. He could period may have proved one of the only follow, reiterate, and enforce the objections to him with a government arguments of the Minister at home. pledged to turn its back upon it. But Tinis he appears to have done with this will be better understood as we discretion and firmness---even at a
time when, from other causes, diffiLet us, before we go any farther, culties were thrown in his way. He once for all distinguish between the has been blamed for an oversightAmerican government, and the Ameri- the only one we have been able to decan nation. In what is here said-and tect in the protracted negotiations of we speak out—it is by no means our the last six years—in omitting to intention to confound the two. Disap- communicate at once to Mr. Marey proving altogether as we do of Pre- an offer from the British Government sident Pierce's government, we be- in November last, to submit the Cenlieve we are justified in assuming tral American question to arbitration. that the great mass of intelligence in Unfortunately this omission--purely the States is of our mind, and that accidental as it was—gave rise to the result of the new elections some misunderstanding for a time; will prove that worthier princi- but it was what might have happened ples and a more enlightened po- to any one similarly circumstanced ; licy may in the end command popu- and, if our view of the question be lar support. That England and Ame- correct, can have exercised no real rica should be thrown into a war, influence upon the dispute. To our because General Cass is obstinate and judgment, his less ambitious and more nettlesome, and President Pierce an business-like style contrasts favor. unscrupulous electioneerer, is what ably both with the courtly discusour Yankee brother will not stand. siveness of Lord Clarendon's, and the In the mean time, we must claim diplomatic pedantry of the American the privilege of verbally identifying Minister's. It is, however, in the disthe nation and its rulers in our pre- cussion of the question to which we sent remarks, on account of the ma- would next call the reader's attennifest inconvenience of keeping them tion, that he exhibits still more proseparate.
minently the qualities for which we The most prominent advocates of give him credit. the American side of the question It will be necessary, in order fully have been Mr. Marcy, the Secretary to understand the circumstances we of State, and, as instructed by him, have to detail, to refer back to the Mr. Buchanan, the late American state of things which existed at the Minister in London. The English close of the year 1854. The reader view of the case has been supported by will remember that the triumphs Lord Clarendon : not, we think, with anticipated on the plains of the Crithat vigour and ability which it called mea were not realized to the extent for. The fault which runs through of the public expectation. On the conthe whole of the correspondence on trary, the monotony of an arduous the British side is discursiveness,:- and bloody siege was sickening the
countries, and had it not been the policy of others to foment discord between them, there can be little doubt, judging from the past and present conduct of the United States in similar circumstances, that their government, if it had not connived at their proceedings, would at least have winked at them; and suffered the most favourable construction to be put upon the movement which was openly set on foot within the States. Had it been their policy, even up to the last, to deal equitably with the case, they would not have dreamt of cherishing a feeling of hostility, or reiterating a demand of satisfaction, when the whole affair had passed over, and the Powers whose quarrel had led to the difficulty, had shaken hands with each other.
Up to the month of March, 1855, the home government urged Mr. Crampton by every possible means to induce foreigners or British subjects in the United States to enlist in her Majesty's service. "The subject," says Lord Clarendon, in a despatch of the 16th of February, "is one which engages the earnest attention of her Majesty's government, and you will use your best endeavours to give effect to their wishes." The above injunction was coupled, at the same time, with a caution against affording any cause of complaint to the United States government on account of a violation of their laws.
Mr. Crampton's reply bears date the 12th of March. It contains the following passages :
In order that no misconception or mistake should arise in regard to this matter, which
hearts of the most sanguine. Confidence began to yield to mistrust and despondency; and when, in the month of November, after the battle of Inkermann, it was discovered that but twelve thousand of our troops could be mustered on the field of battle, we began to look with something approaching to dismay at the decimation of our ranks, and to experience a depressing uncertainty as to how they were to be filled up. We all remember this; and with what alacrity we turned to the prospect of a fresh supply held out by the proposal of recruiting in friendly countries for the British army. The Foreign Enlistment Act was passed; and we naturally turned our eyes to America, where so many thousand native British subjects resided. We saw at once what use they might be turned to-but here we were met at once by the Neutrality Laws, which were comprehensive and stringent, and which we were bound to respect. At the same time, we had no reason to believe, judging from the moral code of America in this respect, that provided a breach of those laws was avoided, there could be any objection on the part of its goverment to our working out our own purposes as we could; and accordingly, acting on this idea, and having been informed by the consuls of the principal cities of the United States that there were men eager to avail themselves of the opportunity to enlist, Government determined to establish recruiting stations outside the limits of the States (which would satisfy the requirements of the law) and invite residents within their limits to repair to them. In furthering this project, Mr. Crampton, to whom the first suggestions were made by the British consuls at New York, Philadelphia, and Cincinnati, exerted himself to the utmost, and spared no labour or pains on the one hand to prevent any formal violation of the laws, and on the other to send forward as many effective men to the frontier for enlistment as he could. In this he was encouraged by instructions from home, and aided by numbers of experienced military men of different nations, who volunteered their services-some, we fear, with objects very different from the ostensible ones. Now, had there been no other point at issue between the
justly regarded by Her Majesty's Government as one of primary importance, and which is indeed an indispensable condition to success in the objects they desire to effect, I have caused the legal opinion in regard to the bearing of the Neutrality Laws of the United States in this matter, of which I have the honour to inclose a copy, to be drawn up by an eminent American lawyer, in the soundness of whose views-both professional and political place the firmest reliance. I have sent copies of the same to such of Her Majesty's Consuls as may be required to act in the matter we have in hand.
Your Lordship will no doubt percieve that restrict our operations within very narrow the provisions of the Neutrality Act will limits, but I feel convinced that your Lordship will approve of my having strictly enjoined upon Her Majesty's Consuls to keep
rigidly within the limits of the law according Lordship's despatch of the 12th ultimo. Mr. to its true meaning and intent, as well as Marcy appeared much pleased with this comaccording to the letter of its provisions. munication, and said that as the question
was one which had engaged the attention of The “ opinion” is then given at
the United States' Government he should be length.
very glad to be able to show this despatch to To this despatch Lord Clarendon the Cabinet. I told Mr. Marcy that I had replied on the 12th of April. He no instructions to leave it with him, but I says :
would take upon myself to do so if he would
consider it in the light of a private memoranI entirely approve of your proceedings as
dum. reported in your despatch of the 12th ultiino,
Mr. Marcy said he would note it as such, with respect to the proposed enlistment in the
and that if at any time Mr. Crampton wished, Queen's service of foreigners and Britislı sub
he might recall it; “the question,” Mr. jects in the United States.
Marcy added, “will no doubt come before In the meantime Mr. Crampton
Congress, and I should be glad if this despatch
could be found among the papers called for.' had put himself in communication
I am aware that in leaving this despatch with Sir Gaspard Le Marchant, the
with Mr. Marcy I have transgressed the Governor of Nova Scotia, with a
regulations of Her Majesty's service, for view to establishing a recruiting de- which I inust throw myself on your Lordship's pôt in that province ; and had at last indulgence; but Mr. Crainpton was anxious deemed it advisable to visit him there. that the United States' Government should In his absence Mr. Savile Lumley, not for a moment suppose that a project for who was charged with his duties, enlisting troops for Her Majesty's service wrote a despatch to Lord Clarendon
within the United States had ever been conon the 7th of May, to an extract from
templated. which we beg the reader's atten
After reading the despatch himself, Mr. Marcy said he had no doubt that the course
pursued by Mr. Crampton was the proper At an interview which I had with Mr. one ; he was, indeed, convinced of this from Marcy I told him that he had judged riglıtly having seen Mr. Crampton's instructions to in supposing that Mr. Crampton's visit to Her Majesty's Consuls when the question of Canada had reference to the English question. recruiting in the United States first arose.
I stated that, from the first moment this question was mooted, Mr. Crampton had
Now up to this date it will be seen shown the greatest anxiety that it should in
that there was not room for the shano way lead to violations of the laws of the dow of a suspicion that in what the United States, that he believed everything
British ministers in America were that could be done might be effected legally, engaged about there was anything and that he was determined, as far as lay in which could possibly cause a misunhis power, to prevent anything like infraction derstanding, or bring the countries or evasion of the Neutrality Laws of this into unfriendly collision, provided country. Unfortunately the very stringent only the letter of the law was strictly nature of the provisions of these laws was not observed ;--and not even in case of its generally understood, and several persons had
violation, unless it was brought home on their own responsibility acted at variance with thein, and it was for the purpose of
to them. Mr. Crampton accordingly
felt it in accordance with both his fully explaining the bearings of the law, and of preventing such infractions, that Mr. duty and his patriotic sympathies, to Crampton had undertaken his journey to the
make the organization he had planned British Provinces,
as extensive and as efficient as posI then told Mr. Marcy that as I thought sible, and believed that he was earnit would interest him to see your Lordship’s ing the gratitude of his country when last instructions on the subject I had brought he spread the network over the whole them with me, and I said that I was certain face of the States. He became thus a perusal of this paper would convince him of
the centre of a wide-spread system, two things: first, that the view which bad
and found himself in constant and been taken, and the opinions which had been
confidential communication with a expressed by Mr. Crampton on this suject, were precisely such as Mr. Marcy might have
host of persons, strangers to him, of expected from his knowledge of Mr. Cramp
every nation and character, disafton; and secondly, that those opinions had fected politicians, restless spirits, been responded to by Her Majesty's Govern- needy adventurers—in short, as might ment in the same frank and honourable man. be supposed, that portion of society ner.
which is more valuable numerically I then read to Mr. Marcy a copy of your than in any other aspect.
It was in the midst of these efforts it has been sought to criminate the that a dispatch from Lord Clarendon, British Minister. We must content dated the 22nd of June, reached Mr. ourselves with explaining two circumCrampton, enjoining him to stay all stances. First, the individuals, Strofurther proceedings in the matter of bel, Hertz, Burgthal and Reuss, enlistment, and to abandon the project upon whose evidence the enemies of definitively. It may easily be con- Mr. Crampton principally rested for ceived in what a predicament this in- their proofs of his complicity, were junction, prudent and proper though men of notoriously loose, not to say it certainly was, left the British Minis- infamous character. The second cir. ter. There he was, surrounded by a cunstance is best explained in the labyrinth of machinery of his own words of Mr. Crampton himself. He construction, dangerous enough in says :the working, but trebly dangerous when interfered with, obliged to put “ The Attorney-General of the United a sudden and violent stop to its mo
States has acknowledged, nay, he has protions, and disjoint and safely take to claimed, that the proceedings in the trial of pieces, as it were, the whole of what Hertz were, in reality, directed against Her he had put together. No easy task,
Majesty's consuls and myself; yet he was certainly; but still more dangerous mined that they should not appear in their
aware that I could not, and he was deterthan difficult. A host of expectants
own defence. had to be disappointed a host of
“ The offence thus charged against us needy wretches had to be turned
amounts to a misdemeanour. adrift-a host of desperadoes to be • Prosecutions for misdemeanour by the summarily got rid of. Ill-humour, State, whether by indictinent or information, malignity, revenge were to be encoun- are subject in this country, as in England, to tered. The odium which always at- certain regulations, providing that the detaches to the ostensible promoter of
fendants shall have copies of the indictment an abortive scheme had to be en
or information, and a list of the witnesses, as dured. All this time there were at
well as other legal safeguards. his elbow the ministers of the very
“Now, Her Majesty's Consuls and myself
have stood in the position of defendants in country against whom these schemes
this case, and I would beg to ask Mr. Atwere directed. They were looking torney-General Cushing whether we had the over his shoulder, as he played his
benefit of any of the ineans of defence which cards, and may be supposed to have
the law allows to persons charged with mismade their own signs to his enemies, demeanour?" who must now have been numerous. A man placed in such a situation can No-they had not. The Attorney, scarcely expect to get off scathless. General had taken care, by express In point of fact, Mr. Crampton, who instructions addressed to the District had been the choice of the Ainericans Attorney, to contrive so that no Brithemselves-whose singular suavity tish officer should be permitted to interand grace of manner, as well as fere in the trials in question. higher accomplishments and qualities, to the very last despatch received had made him up to that time perhaps from Mr. Marcy during the month the most popular minister who ever that is just past, it is still insisted represented British interests in Ame- that Mr. Crampton has no right, in rica, suddenly lost his prestige with self-defence, to impugn the testimony both government and people, and of witnesses admitted and credited in became an object of public oppro- courts of justice in America ! The brium. In the prosecutions which result of the contest indeed cannot be were instituted against various indi- doubtful, viduals for alleged violation of the Deutrality laws, and especially on the Ubi tu pulsas, ego vapulo tantûmn. trial of Hertz, the authorities who acted for the government made no A simple question disposes of the Secret of its being their chief endea- If a functionary against whom vour to implicate the ambassador-to a charge is preferred, is not to be expose him as a “malefactor.” It is heard either in court or out of court, unfortunately beyond the scope of an how is he to defend himself ? article like this, to enter upon an ex- It would afford us great pleasure to amination of the evidence upon which be able to give, for the benefit of our