The Sun.
London, England, 1864-05-26 00:00:00

COURT OF QUEEN'S BENCH, MAY 24.

(Sittings in Banco, before the Lord Chief Justice Cockburn,
Justices Blackburn and Mellor.)
THE QUEEN V. TERNAN AND OTHERS.
This was a prosecution on behalf of the Federal Govern-
ment against Patrick Tertian and two others, and, in pur-
suance of a habeas corpus, the prisoners were brought up
before the full Court from Liverpool, on a charge of piracy,
alleged to have been committed by the prisoners and others
in seizing an American merchant vessel on the high seas.
The ship lay at Matamoras, laden with cotton, bound to
New York. In the Bay of Mexico the alleged pirates rose
on the crew, seized the ship, and took her to Belize, where
they abandoned her and sold the cargo. The three pri-
soners were apprehended at Livel pool, at the instance of the
master, and committed by Mr. Raffles, the stipendiary
magistrate. It appeared in evidence before the magistrate,
that the men had acted under the orders of a certain Major
Hogg, who appeared to act as an officer in the service of the
Confederate Government. The magistrate, (loafing whe-
ther the case was piracy within the Act et 11 and 12 Vict.
0. 42, remanded the prisoners, to give them an opportunity
of applying to this court.
Last term Mr. Edward James, Q,C,, obtained on their
behalf a rule nisi for a habeas corpus, with a view to their
discharge; and the rule (after argument by Mr. Lush,
Q.C., on behalf of the American Minister) was made
absolute.

The same counsel now appeared, and Mr. James rose
and informed the Court that the prisoners were present,
and moved that the return to the writ be read. It was
accordingly done by the Master of the Crown Office.
It was then mutually agreed that the evidence available had
been given, and was before the Court. Mr James then

moved that the prisoners be discharged, on the ground that
this was not a case within the treaty or the act.

Mr Lush, Q,C., addressed the Court against the prisoners'
discharge. Ho first contended that the warrant was good ;
but the main question was, that there was no obligation on
one State to deliver over the fugitive criminals of another,
nor was there legal poorer to do so. The criminal law of
both countries was the same.
The Lord Chief Justice was of opinion that the techni•

cal objections as to the warrant of the Secretary of State
not being based upon an original warrant, and the magis-
trate's warrant not showing upon its face that it was based
upon an information, were untenable. As to the prisoners
being protected by their acting as belligerents, he thought
that was a question for the magistrate or a jury; but,
at all events, a prima facie case had been made out,

and the magistrate was bound to commit. The real
question was as to the construction of the treaty and
act. In his judgment they were not meant to apply to
cases where one nation had exclusive jurisdiction, and if
this had been the intention of the framers of the treaty,
they could have inserted words for that purpose. Upon

the construction of the treaty, he was of opinion that the
prisoners ought to be delivered up to the American Go-
vernment; but as the majority of the court entertained a
different opinion, they would be discharged.
Justices Crompton, Blackburn, and Shee (the latter de-

livering a written judgment) agreed with the Lord Chief
Justice as to the minor and technical points ; but they all
agreea that, in their judgment, the treaties and acts were
intended to apply only where the demanding country had
exclusive jurisdiction.
The prisoners were immediately discharged, and in less
than half an hour afterwards they were seen walking up
the Strand showing less concern than might have been
imagined for men who might be said to have just slipped
from the hands of the executioner.

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