The Express.
London, England, 1864-05-25 00:00:00

00IIRT OF QUEEN'S BENCH.

Waage ta Banco. —(Before Lo
sokrd Chief Justice Cockburs,
Justices Crompton, Blburs, sod &se.)

1111_118 TIMION AND Milani —THE
_COIaZDUATZ-Zllllll3.

W. H.
Jana appeared for the Confederate authorities; Mr. Ludt,
Q.C., Mr. Mil:ward, and Mr. Luahingtai for the United
States govecomest.
Mr. Lash resumed bin arguments. He called atten.
ties to the words of the treaty sad the statute epos
which this question would tarn ; but before doing so he urged
the mew is which the words " within the juridiction of
the: United States" bed to be interpreted in two dif.
Watt ways. The word " jurisclicao• " m its natural sad
printe Nn
meant the power and authority to deal with
mars coaneeted with particular things and persons, bat it
bad also received a legal rasealog with regard to
territorial ere% or the limits within which that
power and authority might be surnamed. It was
is that seem the word was used in the treaty sad
statute. The tams of the treaty, which was the language
of both parties, and used by them in the same sena went
that it had bleu agreed between bar Majesty
and the
United States that oath shall, upon mutual requisi.
doe by them or their ministers, he., deliver
to justice all persons who, being charged with murder
piracy, he., committed within the jurisdiction of the
high contracting powers, and no doubt that mesa
committed within the juriedictios, or territory, or place
over which the law of the country prevailed, and found
within the territory of the other, and " jurisdiction" applied
sot to the lead but to the sees. . _

—ilia Lcd CliiefJbetios said the twin "jurisdiction" ens
acteMin the treaty and in the act to "territory,"—who
dconimit sa offence within the jiriediction of one
oconatit, sad fated within theterritbriss of another...

Mr. lade mid he did sot think that material to his ar.
gamest. This was the first time either la America or a
this country that • court of law had bees called Imos to
give an interpretation to the treaty, and if their lordships
interpreted the words in their plate and ordinary meaning,
" committed within the juriedictioa, ha, and make them
have reference to the locality and not merely power—inter.
tein that manner the treaty was reesceable and should
vta•ffect, but if they eoestraised them in the other
way they would get into soodiote of mime kinds. It woe
evident that his cooatructioo was the right One, because the
words of the treaty were "all persona" (without referee:is
to country) charged with crime committed within the juries.
diction of either country. That England bad dose. America
waster more interested in preventing minders in their reen-
try than we were,and that was why this country had modes
compact with America to eve up all persons so charged is
either country, whether English or American subjects.
Prussia and some other countries had in their treaty with
America excepted their own 'abject; but there was no at-
caption in
The Load Chia mid he could understand that at
apply's( to ream when this country had no jurisdiction.
Mr. Leah mid it was well known hare, and no haat
others knew ham well, that we can exercise authority over a
British subject for murder in • foreign country. The Asst.
rime laws with reforests to piracy were very similar to our
own. We had marled that any British subject may*
power from soother country to act against our obipprsg wee
pansy, that robberinicsay board ship was piracy, that the
stave trade was , bat neither of them was ruck
abed as each by law cif maltose. The term piracy was
and in the treaty in the larger mess, as bang •
mime awl* both catkins, and it was Intended by each
that the see immediately affected should have the power
to polish. Mare was no part of the treaty from which
the lehreses was to be draws that there was an implied
ezeeption d mete within our own jurisdiction. _ .

At the comelosioa of the argumeots the ooart deli►ered
jadL•
The Lord Chief Justice was of opinion the melt ought to
be eellueltted for pirac►, with the ►iew to their being given
up to the Federal Settee.
The other leersed judge@ were of a cookery opinioo.
They did sot coasider it was a CYO which came within the
sot and the treaty, and were of opinion that the prisoners
were entitled to their &scheme.