The Sun.
London, England, 1863-11-18 00:00:00

SPIRIT OF TEE PUBLIC JOURNALS,

POST.--The Court of Exchequer was engaged the
whole of yesterday in hearing Sir Hugh Cairns
show cause why the verdict already pronounced in
the case of the Alexandra should not be disturbed.
As the arguments of the defendant's counsel, toge-
ther with the reply of the Attorney-Geveral, will
doubtless occupy some days, and as the decision of
the court may not improbably be postponed for some
time after their termination, we will, without at-
tempting to prejudge the case, briefly acquaint the
public with the nature of the point which is now at
issue. In the course of last summer the Government
having reason to suspect that a vessel, at that time
in course of construction in the docks of a private
shipbuilder in the port of Liverpool, was intended
to be employed as a privateer against the Federal
Government, took possession of, or as the phrase is,
exchequered her. They did so by virtue of an Act
of Parliament known as the Foreign Enlistment
Act, which forbids any British subject within her
i\lujesty's dominions to arm, equip, furnish, or fit
out, or attempt to arm, Sc., any vessel with
intent that such vessel shall be employed
against a friendly State. Offenders against the
act are by its terms adjudged guilty of misde-
meanour, and the vessels so constructed in contra-
vention of its provisions are declared forfeited to the
Crown. Having taken possession of the vessel above
referred to, the Crown, instead of proceeding against
the builders for misdemeanour, was content to de-
mand the forfeiture of the ship. The cause accord •
ingly came on for trial in the Court of Exchequer,
when the issue raised between the Crown and those
who alleged themselves to be the owners of the ship
was simply whether the latter had contravened the
provisions of the Foreign Enlistment Act in reference
to the ship whose forfeiture was claimed. After a
long and patient trial a special jury gave a verdict to
the effect that the Act had not been violated, and
that, consequently, the Crown was not entitled to
claim the vessel. To the directors of the learned judge
in his summing up to the jury the counsel for the
Crown, however, took exceptions. A misunder-
standing arose as to what the directions of the
Chief Baron really were, and when the bill of ex-
ceptions were tendered to him he refused to sign it.
At the commencement of the present term an at-
tempt was made by the present Attorney-General
to obtain the sanction of the Chief Baron to the bill
which he tendered, and subsequently failing to do
so, the law officers of the Crown decided on aban-
doning the bill of exceptions and simply moving the
Court of Exchequer for a new trial upon various
grounds, The effect of the latter mode of proceed•
ing will be that both the Crown and the defendants
must rest contented with the decision of the Court.
On a bill of exceptions either might go to the
Exchequer Chamber or the House of Lords, but on
the motion for a new trial, under existing cir-
cumstances, no appeal will lie from the judgment
of the Court to whom the application is made.
A few days since the Attorney• General moved for
and obtained a conditional rule for a new trial, on the
grounds that the verdict was against the weight of
evidence, and that the Lord Chief Baron had mis-
directed the jury. Against this rule being made
absolute the defendant's counsel now show cause. If
the rule is made absolute, the cause of the Alexandra
will be reheard before another jury ; if the rule is
discharged, the seizure of the vessel by the Crown
will be declared illegal, and her property will vest
in the reputed owners, It is not, however, the right
of possession to a particular ship which is in reality
at issue. It is virtually the trial of a right of consider-
able magnitude and which deeply interests not only
a section of the mercantile community of this country
but the nation at large. The adequacy of an Act
of Parliament to fulfil certain international require-
ments is being now submitted to a legal test, and, if
it should be shown to be inadequate, the friendly
relations which have hitherto subsisted between two
of the most important Powers in the world may
be seriously disturbed. Nor is it the immediate
consequences of the decision which in the course
of a few days will be pronounced by the Court of
Exchequer, which alone possess an interest for us.
The great maxim which inculcates the propriety
of doing to others as you expect others to do to
you obtains between nations as well as between
individuals. If we affirm by the solemn judgment
of one of our highest tribunals that it is perfectly
legitimate for the subjects of a neutral State in
which such an enactment as the Foreign Enlist-
ment Act forms a portion of the municipal law to
build vessels in every respect adapted to conversio-,
into ships of war, by simply supplying a R".:(able
armament, we preclude ourselves from advancing
any complaints should a neutral State at any
future time supply similar vessels to a Power with
which we might be at war. With this question,
which was one of pure expediency, the Coart of Ex-
chequer has of course nothing to do. It has simply
to construe an Act of Parliament. But we allude
to the circumstance to show the magnitude of the
interests involved in the nominal issue of the ris--.'nt
of possession in an unfinished vessel, at must worth
but a few thousand pounds. Although th.e rule for
a new trial has been obtained, inter afire, on the
ground that the verdict was agaialst the weight of
evidence, the chief point which the Court will have
to determine will be whether the interpretation put
upon the Foreign Enlistment Act by the Chief
Baron was correct or otherwise. The illustration
offered by the latter of the case of the Alabama will
afford to the non-professional reader the most in-
telligible view of construction put by the learned
judge on the operation of the Foreign Enlistment
Act. Tteet vessel was, as the public are aware,
built in an English dockyard. She sailed from an
English port unequipped ; but at Terceira, that
is to say in Portuguese waters, she took on board
a complete armament of guns and other muni-
tions of war, which had been despatched from
England in a steamer specially chartered to con-
vey them. She then became a perfectly armed
and fully equipped ship of war, and, after hoist-
ing the Confederate flag, and without having ever
entered a Southern port, she proceeded to ial.ct all
the damage she could on the merchant navy of the
North. In illustrating the application of the
Foreign Enlistment Act the Chief Baroe stated
to the jury that in his opinion the departure of
the Alabama from these shores constituted no in-
fringement of the statute. Between the case of
the Alabama and that of the Alexandra, however,
the only distinction consisted in the fact that the
latter vessel was seized before she was in a condi-
tion to leave the shipbuilder's dock. It may fairly
be assumed that, had not the Government inter-
posed, she would, file the Alabama, have put to
sea in an unarmed state and taken her armament
on board in some foreign port or on the high seas.
fhe gist of the offence, according to the Chief
Baron's ruling, consists in the arming, equipping,
&c., or attempting to arm, equip, &c., a vessel
within her Majesty's dominions with the intent
that such vessel shall beemployed against a friendly
Power. In support of the application for a new
trial the law officers of the Crown contend that the
construction of a vessel especially adapted to carry
guns is in itself a violation of the statute, although
her armament is not actually supplied until after
she has left the United Kingdom ; and consequently
as the Alexandra was manifestly adapted for con-
version to the purposes of a ship of war, that the
verdict was against the evidence. They also con-
tend that the Chief Baron misdirected the jury in
telling them that they should find a verdict for the
defendants unless they considered that they had
armed, or intended to arm, the Alexandra ;n a port
in her Majesty's dominions. These are the principal
issues raised for the consideration of the full court ;
and on the decision at which it may arrive will de-
pend whether the case of the Alexandra will be
tried lie noro, or the vessel bo forthwith restored
to the possession of the original owners.
HERALD.—" From the North-west," says the In-
dian advises," the news received is of a somewhat
cheering character." 'This announcement is then
explained, and we are invited to be of better cheer,
as the new Ameer of Cabool, Shir Ali Khan, has
been reconciled to his rebel brother Azim, has en-
tered the capital in state, and been there acknow-
ledged by the Sardars as the legitimate successor of
Dost Mohammed. It is further intimated that the
reconciliation between Shir Ali and Azim Khan
was owing to the latter having been disappointed
in receiving reinforcements from his brother Afzal.
This last piece of intelligence, however, does not
harmonise very well with the inference which we
are asked to draw from this fortnight's budget of
news, viz., that there is likely to be peace in
Afghanistan—for a reconciliation -which sprang less
from returning good-will than from the inability
be
of
one of the parties to fight is not very likely to
lasting. On the contrary. it is only reasonable to
suppose that if Afzal Khan shows himself in
strength the troops of Azim will hasten tojoin
and that Shir Ali will find it difficult to keep his
throne in face of the opposition of his two brothers.
But bo this as it may, and whether the Afghans
tranquilly submit to oftherulee are
the new Ameer
pre-eminently
interested,
not, the question in which w
regards this frontier of our Erstern
dominions, as
appears to be nearer solution. Of
course, in the first plaee, for the sake of humanity,
and in the second, because turbnlenee is catching.,
it is desirable that Afghanistan should not be the
scene of bloodshed and disorder; but something
move is required before the news from the North-
' west can be looked upon as satisfactory. The real
object of our policy as regards Afghanistan, and
, the point to which we, must attach the chief i
, portance, is that the ruler of the Afghans, be •"'
. he may, should be friendly to England _ erne
we are to take only a selfish vi— Indeed, if
dees not by any means - —w of the matter, it
interests will _ necessarily follow that our
. ue served by the internal tranquillity
nourishing state of the Afghan kingdom.
Whether that is to be an advantage to la or not

depend on the disposition of the rule. In
fact, nuclei an ambitious chief, hostile to us, the
prosperity of Afghanistan, and its being united
under one head, might become a source of consider-
able danger. Even Lord Auckland, great as were
his blunders, judged rightly on this point. The
object which he had in view in that memorable
and lamentable Afghan war was by TIO means
unworthy of great sacrifices. Lord Auckland's
fault lay in not adopting the means to
the end, or rather in seeking a wise end by means
utterly irreconcilable with it. His wish was that
the Afghan sceptre should be in friendly hands, and
he wrested it from Dost Mohammed a man of great
ability, whom it would have been easy to con-
ciliate, and who would have carried the hearts of
the people with him, and gave it to Shah Shuja,
whose pride could not stomach a benefit, and Rho
was unable to purchase popularity even by treason
to his English benefactors. This grievous mistake
stamped the whole policy of 1837 with its impress.
The fact, however, remained that it could not be a
matter of indifference to us who ruled at Cabool,
and held the key of those terrible passes from
which so many turbulent hordes have so often issued
for the plunder and devastation of Hindustan, and
who, in case of a European war, might again bo
pushed forward on the same errand. But if, when
the Punjaub intervened between our Indian frontier
and the Afghans friendly relations with the ruler
of Cabool were of importance to the Indian Govern•
ment, how much more is that the case now. The
mutual hatred of the Sikhs and Affghans wa3 too
bitter for the two nations ever to combine ; and, so
far from being able to cross the Punjaub to invade
India, the Afghans had enough to do to hold their
own against the sword of the Khalsa. But things
have altered very materially since the occupation.
of Lahore and Peshawur by the English. On the
one hand, the Anglo-Indian territory has been ex-
tended right up to the foot of the mountain fast-
nesses of the Afghans. On the other, the Afghan
power has been immensely increased and consoli-
dated by the union of Candahar and Herat with
Cabool, and by the conquest of the greatest part of
the kingdom of Bokara and other provinces. If
the dominions of Dost Mahoenmed should remain
united under Afzal Khan, or any other enterprising
chief, there is no denying that Persia at least, and
our ally the Khan of Khelat, will be in very con-
siderable danger ; and though the Indian Govern
meat may be quite strong enough to repel any
aggression on its own frontier, it is not unlikely
that there will be constant disquietude. We have
a foreshadowing of this in the assemblage of an
army of observation at Lahore. The maintenati_ao
of such an army would be an enormous exper.se_
an expense due to the supineness of the WI:4 Go-
vernment, who, it seems, have taken nr, steps to
inaugurate friendly relations with the pons of Dost
Mohammed.

COUNTRY MARKETS.

- ---- - .41,

LEEDS—TuEsDAT.
The arrivals of grain both by
water and rail have been
fair. The business transacted in
we'neat to-day has not been
extensive, but last Tuesday's fall prices were supported on
the sales made. The demar:d for fine barley was good, and
quite as dear; other sorts neglected. Oats and beans were
at Tuesday's rates,

MARKET lIARBOROUGH—TUESDAY.
White wheat, 40s to 43s ; red, 38s to 40s per 36 stone.
Malting barley at 34s to 38s per qr.; grinding, 28s to 31s
per 30 st, Oats, old, 24s to 275; new,. 21s to 23s per 24
st. ; beans, 34s to 42s per qr.

LIVERPOOL—TUESDAY.
There was a good attendance at market to.day both of the
town and c..untry trade, and more disposition to buy was
evinced. Wheat was in good demand, and an advance of
2d per 1001 b on fine white and ld to 2d on fine red may be
quoted on the week. Fine descriptions of flour saleable at
full prices; but little business dono in other sorts. Oats
and oatmeal a moderate trade. Barley, beans, and peas
quite as clear. Indian corn in retail.

AY.
The market was fairIySHEFFIELD—TUES attended, and D
there was an average
chow of grain. Holders of fine wheats asked an advance of
la per load, and this checked sales.
Red wheat, per load of 3 imperial bushels...lss Od to 17s Od
White
1 $$
...17s 6d to 19s Od
New red
..15s 6d to 17s Od
1
New white ,
Beans , ),
)) ) f ....
Peas,_ per 'qr ... * ..
Grindir_g barley, per qr.
Malffing ditto, 7;
teats '
Odd it 000000 433121 4:842 ssssss
0006°0 ddaddd

Flour) ls"sd, is 7(1, and le 9d per 14 lb.

CORK—TUESDAY.
The following were the quotations this morning :—Red
wheat, 8s Od to 8s 8d; white, 7s 8d to Os sd; barley, 4s
0(1 to 8s Od ; oats, 3s 9d to Gs Od ; 'black do., 3s 9d to
5s Gd.

DUBLIN—TUESDAY.
A steady market for all kinds of grain, and wo re-quote
last Friday's prices.

s. d. s. d.
Wheat, white.. 23 0 to 2.5 0
Do., red .. 20 0 to 23 0
Do., new .... 0 to 0
Barley . 12 6 to 16 0
Oats
Do., black — 0 to 0

Oatmealor s. d. s. d.
10 0 to 13 0
Beans..
Be
... 0 to 0
Rapeseed .... 21 0 to 25 0
Bakers' flour,. 14 0 to 20 0
Indian corn .. 27 0 to 23 0

Foreign Mail Packet List.

MAILS DUE.
Anstralia and Mauritius, via Southampton. Nov is.
via Marseilles Dec. 13.
Brazil and Cape Verde, by British packet. Dec. 4
Cape of Good Hope, Ascension, and St. Helena Nov. 29',
China, Penang, and Singapore, via Southampton Nov. IS.
via Marseilles Nov. 'l-7'

Falkland Islands
Gibraltar, via Southampton .. Nov. is.
[ndia (Calcutta), and Ceylon, via Southampton Nov. 18.
via Marseilles Nov. 27.
India (Bombay), via Southampton
via Marseilles Nov. 20.
Portugal.... Dec. 4,
Nlalta, Egypt, and Aden, via Southampton Nov. 18.
via Marseilles Nov. 20.
Newfoundland
Oporto and Vigo .. ..
U. S. and British N. America, by Brit. packet.... Nov, 25

. by U.S. packet
W.C. of Africa, Madeira, and Ib'yenCearniffaedian packet. Nov. 20.
Nov. --"'
Bahamas, via New York
Nov. 20.
Mexico.
••••Nov• 28,
All parts of West Indies, including Chili, Peru,
} Dec. 28.
California, and British Columbia. .....

Full benefit of reduced duty obtAined by pur-
chasing Horniman's puro Tea ; very choice at 3s. 4d. and
4s. " High Standard "at 4s. 4d. (formerly 4s. Bd.), is the
strongest and most delicious imported. Agents in every
town supply it in packets.

A
CLASSICTOILETTE.--According to testimony,
which is scarcely to be disputed, the sun could
never have shone upon a less lovely object than a Roman
lady in the days of the Caesars, when she opened her eyes
in the morning—or rather let us say, as she appeared in the
morning, for before she opened her eyes a great deal had to
be done, When she retired to rest her face had been covered
with a plaster composed of bread and ass's milk, which had
dried during the night, and consequently presented in the
morning an appearance of cracked chalk. The purpose of
the ass's milk was not only to preserve the delicacy of the
skin, but to renovate the lungs, and so strong was the boo
lief in the efficacy of the specific, that some energetic ladies
bathed themselves in it 70 times in the course of a single day.
As for Poppoes, the favourite wife of Nero, she never set
out on a journey without taking in her train whole herds of
she asses, that she might bathe whenever she pleased so to
do. The plaster of Paris bust having wakened in the morn-
ing in a cracked condition, it was the office of a host of
female slaves to mature it into perfect beauty. To clear the
field for further operations, the first of these gently washed
away with lukewarm ass's milk the already crumbling
mask, and left a smooth face, to be coloured by more recondite
artists. The slave, whose vocation it was to paint the
cheeks, delicately laid on the red and white, having
moistened the pigment with her own saliva. The apparent
nastiness of this operation was diminished by the consump-
tion of a certain number of scented lozenges, which, if the
slave neglected to take, she suffered corporeal punishment.
—Dickens's " All the Year Round," lust published.