A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
Pierce, Franklin, 1804-1869; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
While the laws of the Union are thus peremptory in their prohibition of
the equipment or armament of belligerent cruisers in our ports, they
provide not less absolutely that no person shall, within the territory
or jurisdiction of the United States, enlist or enter himself, or hire
or retain another person to enlist or enter himself, or to go beyond the
limits or jurisdiction of the United States with intent to be enlisted
or entered, in the service of any foreign state, either as a soldier or
as a marine or seaman on board of any vessel of war, letter of marque,
or privateer. And these enactments are also in strict conformity with
the law of nations, which declares that no state has the right to raise
troops for land or sea service in another state without its consent, and
that, whether forbidden by the municipal law or not, the very attempt to
do it without such consent is an attack on the national sovereignty.
Such being the public rights and the municipal law of the United States,
no solicitude on the subject was entertained by this Government when,
a year since, the British Parliament passed an act to provide for the
enlistment of foreigners in the military service of Great Britain.
Nothing on the face of the act or in its public history indicated that
the British Government proposed to attempt recruitment in the United
States, nor did it ever give intimation of such intention to this
Government. It was matter of surprise, therefore, to find subsequently
that the engagement of persons within the United States to proceed to
Halifax, in the British Province of Nova Scotia, and there enlist in the
service of Great Britain, was going on extensively, with little or no
disguise. Ordinary legal steps were immediately taken to arrest and
punish parties concerned, and so put an end to acts infringing the
municipal law and derogatory to our sovereignty. Meanwhile suitable
representations on the subject were addressed to the British Government.
Thereupon it became known, by the admission of the British Government
itself, that the attempt to draw recruits from this country originated
with it, or at least had its approval and sanction; but it also appeared
that the public agents engaged in it had "stringent instructions" not to
violate the municipal law of the United States.
It is difficult to understand how it should have been supposed that
troops could be raised here by Great Britain without violation of the
municipal law. The unmistakable object of the law was to prevent every
such act which if performed must be either in violation of the law or in
studied evasion of it, and in either alternative the act done would be
alike injurious to the sovereignty of the United States.
Public-domain text, read in full here on John Shaqi.
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