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SOUTHERN DISTRICT OF NEW YORK,

U. S. District Attorney's Office, March 23, 1855.

SIR: From the newspapers during the last few days, and from other sources, I am inclined to believe that persons in this city are engaged in recruiting men, and in shipping them to some place out of the jurisdiction of the United States, with the intent there to be formed. into regiments, to serve in the present war of France, England, and their allies against Russia.

The United States are happily at peace with all the nations of the world. The continuance of peace to our country depends upon the strict enforcement of our neutrality laws. The government is determined to execute these laws to their fullest extent. This duty This duty we owe to ourselves, and to all the nations with whom we are in amity.

I beg, therefore, to call your attention to the 2d section of the neutrality act of 1818, which provides that "if any 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 prince, state, colony, district, or people, as a soldier, as a marine, or seaman on board of any vessel of war, letter of marque, or privateer, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding one thousand dollars, and be imprisoned not exceeding three years.

I wish you to use such means as may be at your command to prevent any violation of the laws of the United States, which are passed to preserve our neutrality.

I will cheerfully cooperate with you in such measures as you may adopt, to prevent the infraction of this important safeguard to our national peace and prosperity.

I have the honor to be, very respectfully, your most obedient servant, JOHN MCKEON,

A. T. HILLYER, Esq.,

United States District Attorney.

United States Marshal, New York.

SOUTHERN DISTRICT OF NEW YORK,

U. S. District Attorney's Office, October 16, 1855.

SIR I have the honor to report, that on the 12th day of October instant I brought to trial in the district court of the United States an indictment against Joseph Wagner, charging him with having, on the third day of August last, hired and retained Abraham Cook to go beyond the limits of the United States with intent to be enlisted in the service of the Queen of Great Britain as a soldier.

The defendant was defended by Hon. Ogden Hoffman and several other eminent counsel. Judge Ingersoll presided, and delivered a charge to the jury, the substance of which is given in the enclosed

published statement. We were engaged in the trial for two days. The jury rendered a verdict of guilty on the 13th instant. I have the honor to remain your obedient servant,

Hon. CALEB CUSHING,

JOHN MCKEON,

United States District Attorney.

Attorney General of the United States.

[Enclosure.]

Reported for the Journal of Commerce.

U. S. DISTRICT COURT, Saturday.

Before JUDGE INGERSOLL.-Enlisting men for the British service.

The trial of Joseph Wagner was resumed to-day On the part of the defence another witness was examined, who corroborated the evidence of two others, that Wagner was in bed on the forenoon of the day when Cook swore he met him in the Bowery, and that on the afternoon of that day Wagner went to Boston.

The court, in charging the jury, recited the law of Congress under which the defendant was being tried, which we gave in our report of the first day's proceedings. The court then instructed the jury that this law provides that no person shall hire or retain any person to enlist or enter himself to go beyond the limits of the United States with intent to be enlisted as a soldier into the service of a foreign government. But if one person merely informs another that by his going to Halifax, or any foreign country, he could enlist as a soldier in the service of a foreign government, that would be no crime under the law of Congress. In such a case there would have been no hiring, or retaining by promise of hire, on either side; and the law does not. punish any one for giving such information. Any resident of the United States has a right to go to Halifax with intent to enlist; that would be lawful; but it is not lawful for any one, by any consideration paid, or promised to be paid, to engage another person to go to Halifax with intent to there enlist as a soldier in the service of any foreign government. And if Cook agreed with Wagner that he would go to Halifax and enlist as a soldier under the British government; and if the consideration or inducement of such agreement on the part of Cook was a promise from Wagner that Cook should receive $30 in advance, and $10 per month for his services as a soldier under the British government; or if a part or the whole of the consideration of that agreement, on the part of Cook, was the payment of the passage of Cook from New York to Boston, or the promise to pay such passage; or if the consideration of such agreement, or motive which led to it, was any promise of money or any other valuable thing by Wagner, and Cook, when he entered into such agreement, had, for such consideration, the intent to go to Halifax and to there enlist as

a soldier under the British government, then the offence, under the act of Congress, is complete, and Wagner must be deemed guilty. But the mere giving information, or the merely starting to go, is not sufficient. There must have been some inducement such as the court stated. If the testimony of Cook cannot be depended on, the prosecution must fail. It was for the jury to determine whether they would give credit to Cook on the part of the prosecution, or to the three witnesses for the defence; they cannot all speak the truth. If the jury were not satisfied beyond all reasonable doubt, they would give a verdict for the defendant. If they were satisfied, they should find him guilty.

The jury found the prisoner guilty.

SOUTHERN DISTRICT OF NEW YORK,

U. S. District Attorney's Office, October 17, 1855. SIR: I have the honor to inform you that I have indictments untried against various individuals, charging them with a violation of the law relative to foreign enlistments.

The proceedings which have been taken in this city, Philadelphia, and other places, have undoubtedly tended not only to the putting a stop to the enlistments for foreign service, but have also developed the connexion of the officials of the government of Great Britain, in this country, with a violation of our municipal laws.

The object of the prosecutions has been accomplished. It is evident that the parties against whom indictments have been found are but the instruments of others connected with a foreign power; and it has appeared to me that nothing can be gained by a further prosecution of individual cases.

I take the liberty of suggesting that I shall have your assent to stay further proceedings on the untried indictments.

I have the honor to remain, sir, your obedient servant,

Hon. C. CUSHING,

JOHN MCKEON,
United States District Attorney.

Attorney General United States.

ATTORNEY GENERAL'S OFFICE,
October 20, 1855.

SIR: I have the honor to acknowledge the reception of your two communications of the 16th and 17th instant, in which you inform me of the conviction of Joseph Wagner, accused of the offence of being engaged in unlawfully recruiting troops within the United States for the service of Great Britain, and request instructions as to other indictments of the same class still pending in your district.

These prosecutions were instituted, primarily, for the purpose of

arresting the continued perpetration of acts derogatory to the sovereignty and public honor, and contrary to the neutral policy of the United States.

The punishment of crime in these, as in all other cases of infringement of statute provisions, of whatever nature, was an object also, but in these particular cases a secondary one; for the individual misdemeanor of the parties implicated, whether they be citizens or foreigners, and whether private or official persons, is but a minor incident of the national indignity and wrong inflicted on this government by the foreign government, in whose behalf and for whose benefit they presume to violate the laws of the United States.

If, therefore, you find that what has thus far been done by you so judiciously and successfully suffices to maintain the public peace and vindicate the public justice within your district, you will make such disposition, as in your discretion seems best, of the remaining complaints against any persons who do not hold an official relation to the British government.

As to guilty persons of the latter description, whether yet under prosecution or not, their criminal acts stand on a different ground, and additional instructions regarding them will be forwarded to you in due time.

Such persons are not only indictable, in common with all others who violate the law of the land, but they are also violators of the international law, and subject to special consideration by the United States, unless disavowed and punished by their own government. I have the honor to be, your obedient servant,

Hon. JOHN MCKEON,

Attorney United States, New York.

C. CUSHING.

SOUTHERN DISTRICT OF NEW YORK,

U. S. District Attorney's Office, November 1, 1855.

SIR: On the 16th October, ultimo, I had the honor to advise you of the conviction of Joseph Wagner, before Judge Ingersoll, upon an indictment for a violation of the neutrality laws of the United States.

Since then, the counsel for the accused expressed the desire to move for a new trial, and on that account sentence was deferred from day to day until the opening of the court this morning, when no motion in arrest being made, Judge Ingersoll sentenced Wagner to an imprisonment for two years, and to the payment of a fine of one hundred dollars. In passing sentence, Judge Ingersoll stated that he inflicted this punishment as a warning and example to others, and to prevent this country from being embarrassed, or running any risk of embarrassment, in the conflicts of other powers.

I have the honor to remain, sir, your obedient servant,
JOHN MCKEON,
United States District Attorney.

Hon. CALEB CUSHING,

Attorney General.

ATTORNEY GENERAL'S OFFICE,
December 8, 1855.

SIR: I am directed by the President to request you to report, for his information, a list of all the criminal complaints entered in your district against persons accused of recruiting for the service of Great Britain, giving the names of the parties, and the time of each alleged

act.

I am, very respectfully,

Hon. JOHN MCKEON,

United States Attorney, New York.

C. CUSHING.

SOUTHERN DISTRICT OF NEW YORK,

U. S. District Attorney's Office, December 11, 1855.

SIR Your letter of the 8th instant, requesting me to report, for the information of the President, a list of all the criminal complaints entered in this district against persons accused of recruiting for the service of Great Britain, was received this morning only.

I have the honor to enclose to you the required information, adding thereto the name of the complainant.

With great respect, your obedient servant,

Hon. CALEB CUSHING,

Attorney General.

JOHN MCKEON,

United States District Attorney.

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