The Sun.
London, England, 1863-11-07 00:00:00

SPIRIT OF THE PUBLIC JOURNALS,

TIMES.—On grounds of policy, no less than on
grounds of justice, it was right that the doctrines

laid down i 4 the Alexandra case should be recon-
sidered. Whether the Foreign Enlistment Act be
regarded as a municipal statute, or as an applica-
tion of a municipal sanction to an obligation of in-
ternational morality, the whole nation is concerned
in the construction put upon it. It is the country
in its capacity of a sovereign State which is the real
plaintiff; it is the country in its capacity of a coal-
marcial community which is the real defendant.
Where such interests are at stake no uncertainty in
the law, nor even the suspicion of such uncer-

,ainty, ought to be tolerated. It would have
been a grievous misfortune—nay, more, it would
have been a disgrace to our system of juris-
prudence, it a judicial statement which has been
so much criticized, and a verdict which has failed
to command anything like general assent, affecting
as they do the public character and private rights
of the British people, had not been subjected to
solemn revision. It is greatly to be lamented that
the Lord Chief Baton and the Attorney-General
were unable to agree upon the terms of a bill of ex-
ceptions. Such a bill ought properly to be drawn
up on the spot and before the verdict is given, while
the points to which objection is taken are still fresh
in the memory of judge and counsel. It is but fair
to say that this course was proposed by the late
Attorney-General, that it was resisted, but only for
the sake of convenience, by the Lord Chief Baron,
who professed himself ready to accept any bill of
exceptions which the Crown might tender, and that
it was not for want of repeated applications on the
part of Sir W. Atherton and Sir B. Palmer that the
substance of the bi!l was not settled before the Judge
left the Court. It is fair, on the other hand, to point
out that the Lord Chief Baron protested at the time,
as he still protests, against the moaning attached to
his words, and would probably have declinedthen to
sign the form which has since been tendered to him.
This untoward conflict of impressions having arisen,
there was, of course, no alternative but to abandon
the bill of exceptions, and to move simply for a new
trial. Here, however, a new difficulty arose upon
two questions relating to the right of appeal, in
else the motion should be fruitless. Into these
questions we need not enter now. It is enough to
say that the rule nisi for a new trial has been
granted, 'and that the whole matter will be fully
discussed before the Court of Exchequer. If the
Attorney-General shall succeed in satisfying the
Bench either that the verdict was perverse, whether
as contrary to the evidence or as unsnstained
by the evidence, or that the Chief Baron's direc-
tion was erroneous, whether positively or by reassn
of its inadequacy, the suit will be tried over
again. If the decison of the Court should be ad-
verse to the Crown as to the alleged default of the
jury, that part of the case will be at an end, but
there would still be an appeal against the alleged
misdirection, provided the Chief Baron acknowledges
the language imputed to him, and is supported by
his brethren in ratifying it. In the meantime we
are not without the means of forming an independent
opinion upon the controversy which has been carried
on with some degree of warmth for the last three days
between the Attorney-General and the Court of Ex-
chequer. It is the more important that we should do
so because the disputed expressions go to the very
root of the subject regulated by the Foreign Eolist-
naent Act. That statute, than which the unscholarlike
subtlety of legal draughtsmen, never constructed one
more elaborately slovenly, is confessedly modelled
upon one passed in the preceding year by the Ameri-
can Congress. Without the knowledge of this fact we
might despair of construing the famous 7th section
upon any grammatical principle. As it stands, it
appears to prohibit two things—the equipment of
transport or store ships " with intent" that they
should be employed in the service of foreign Powers,
and the equipment of any ships " with intent" to
cruise or commit hostilities against foreign Powers
in amity with her Majesty. It would thus impli-
citly legalise the equipment of ships of war for the
very purposes interdicted to store ships, and prevent
the equipment of these last even where they might
not be intended to annoy a friendly State. Such
an interpretation would obviously be an ab-
surdity; but it is only by comparing this 7th
section with the 3d of the American Act that we
learn the true origin of the confusion in our own.
There nothing is said of transport or store ships,
and the cruising or committing hostilities is so
clearly connected with the illegal fitting out for the
service of a foreign Power as to leave no doubt
what the object of our Legislature was in framing a
parallel but somewhat more comprehensive clause.
This object may be shortly expressed thus,—No
one shall, within British dominions, directly or in-
directly, " equip, furnish, fit out, or arm" a vessel
to be used as a transport ship, a store ship, or a
ship of war, by one foreign belligerent against
another in amity with the Queen, on pain of fine
and imprisonment, as well as of forfeiture. Another
branch of the same section is directed against com-
missioning ships with a like intention. Now, how
was this applied by the Chief Baron to the case of
the Alexandra? She was seized by the Government
before she was completed, and therefore before
any armament had been put on board of her, but
not before she had assurnea proportions unsuited to
a merchant ship and eminently fitted for a gunboat.
There was sufficient evidence of her destination to
be laid, as it was laid, before the jury. Had it been
left to them with no other comment than that with
which the Chief Baron concluded, embodying the
very words of the statute, no exception could have
been taken, Such, however, was not the fact. Be-
fore putting the question in this form be carefully
explained that the " object of the statute" was to
obviate the possibility of a hostile collision between
ships built in our own dockyards for different
Powers, and putting to sea at the same time. Nor
was this all. He referred to Webster's Dictionary
to show that equipping, furnishing, fitting-out,
and arming are identical, and continued, in words
.
which we quote from the report of theofficiali shtobrt
hand writer I cwn that my opinion is
Pre-
s at
i
' equip,' 'furnish,' fit out,' or
' arm,' all ea
cisely the same thing." is true thatm this pas-
sage was followed by a qualification,ba vsa
saalsloe
followed by a declaration that the 1. We cannot
dt
and
of the Alabama was pertectis: 14y
mugt ha so re-
-0.1
daub' that such obiter dieta,it t
garded, produced tie saute impression on the jury

which they certainly produced on the public. That
impression was, that, inasmuch as the Alexandra
was " in the course of building for the purpose of
being delivered in pursuance of a contract," and
was not actually armed, the intent of the parties
engaged in the transaction, and whether they were
" attempting" or not to do an unlawful act, was of
no consequence in the eye of the law. While this
clause is still awaiting judicial interpretation, it
may be worth while to notice one important dis-
tinction between the Alexandra case and some of
the analog es which have been suggested. The
right of neutral merchants to deal, even in contra-
band of war, with belligerent purchasers is gene-
rally admitted. Even this has been disputed by
eminent jurists, but the preponderance of authority
is in favour of the principle laid down by the Chief
Baron, that neutrals may sell or export to bellige-
rents munitions of war (and even armed vessels, ac-
cording to Story), subject to the right of seizure in
transitu. The right of the neutral merchant to ex-
port, and of the belligercntPower to seize, have been
described as conflicting rights, and the assistance
given by the former to the enemy of the latter has
been held no breach of international law. But it is
quite the same thing when the subject of a sale,
being a ship of war, is designed to be employed in
hostile operation without being taken into any port
of the belligerent Power on the behalf of which it
is built ? May not this be what Lord Stowell calls
a "proximate act of war?" Is it not manifest that
by such a ruse neutral territory is made the basis
and starting point of a naval expedition, and the
right of the other belligerent to seize in transitu
entirely defeated ? If the Tycoon of Japan, for in-
stance, were at war with us, and were to procure
and import steamers from France, we should have
no cause of complaint against the French Govern-
ment ; bilt should we endure without remonstrance
the depredations of Japanese Alexandras issuing
from French ports in the English Channel ? Con-
siderations of this kind are not, indeed, legal ar-
guments, and we do not offer them as such, but they
may serve to illustrate the difference between the
bona fide sale and the equipment of vessels. If the
Alexandra should be condemned after all, there is
no reason to fear that the legitimate business of our
shipbulilders will be injured or obstructed in the
slightest degree.
POST.—The anticipations which, a week since,
were entertained of a renewal of active hostilities
in Virginia prove to be groundless. The Confede-
rate forces have again retired to the south of the
Rappahannock, and the relative positions in which
the rival armies have stood for some months past
have been restored. Gen. Lee has no doubt exer-
cised a sound discretion in contenting himself with
having inflicted a heavy loss upon the Federal army,
and embarrassed its operations by the destruction
of a considerable portion of the line of rail by which
it has hitherto received its supplies. On the other
hand, the Grand Army of the Potomac is in no
position to assume the offensive. The Confederates
have chosen to retire, and, in the absence of opposi-
tion, the Federals will quietly return to their pre-
vious encampments. The Southern accounts of the
recent operations which have now reached us afford
no indication of the motives which induced Lee to
assume the offensive. The destruction of the Orange
and Alexandra Railroad is, however, regarded as in
itself adequately repaying the Confederate general
for his advance into Northern Virginia, and at
Washington it is conceded that the damage done by
the Confederates will have the effect of precluding
attempts during the present year to advance on
Richmond by Gordonville and Culpepper. It is
not improbable that the diversion may have been
dictated by a desire to insure, at least for some little
time, the inactivity of Gen. Meade's forces, and thus
enable the Confederate Commander-in-Chief to re-
inforce Bragg in Tennessee. Longstreet's division
did good service at the battle of Chattanooga, and
returned to the Rapidan to take part in the late
operations. 'I he experiment of weakening the army
covering Richmond probably appeared to Gen. Lee
too hazardous to be ventured on a second time, with-
out in the first instancestriking such a blow as would
render an advance by the invading army extremely
hazardous. It is reported at Washington that the
Confederate general has already despatched two of
the divisions of his army into Tennessee, and that
with the remainder ho proposes to hold the line of
the Rapidan against any forces which under exist-
ing disadvantages Meade may be enabled to bring
against him. This, although extremely probable,
is, however, mere conjecture, as the Confederates
invariably arrange their plans with such secresy,
and execute them with such rapidity, as to leave
their opponents in ignorance of their movements
until they have actually taken place. That Bragg
needs reinforcements if the victory of Chattanooga
is to be turned to account is tolerably evident. No
attempt has been made to dislodge Rosencranz from
his present position ; and, indeed, if General Long-
street's assistance was necessary to enable the Con-
federates to defeat the Federal forces in a pitched
battle, similar aid would be still more essential now
when attacking an army fighting behind entrench-
ments. However, the Confederates have at least
gained this advantage that both in Tennessee and
in Virginia they have compelled the Northern
armies to content themselves with acting on the
defensive. The tide of invasion, though not actu-
ally rolled back, has at least for the present been
effectually stemmed. We know from experience
that it is useless to address to the American nation
arguments which have been often repeated and pro-
nounced incontrovertible by impartial observers on
this side of the Atlantic. It is idle to attempt to
demonstrate that the American Union can never
be restored in its original integrity in the face of a
blind and obstinate assertion that it can. It is
useless to point to Virginia, and to the armies
which for upwards of two years and a half have
marched and countermarched over the narrow strip
of ground which separates Richmond from Wash-
ington, and to ask by what means the North pro-
poses to acquire the absolute dominion of a terri-
tory whose area is measured by hundreds of thou-
sands of square miles. To arguments the North
has always given one uniform reply : Europe knows
nothing of what is going on in America; rebellion
is on its last legs ; insurrection is virtually at an
end ; the Federal arms are everywhere triumph-
ant ; the spasmodic, and (as must be confessed),
in some instances, successful struggle made by the
armies of the South, are but the flickering of a taper
before it is quenched in darkness. Nor is it a.one
in the field that the established Government has
secured the smiles of fortune; never were the loyal
States more prosperous, never was trade more brisk.
Whilst the rebels in Richmond and Charleston are
being reduced to beggary, the loyal citizens of
Washington and New York are amassing fortunes.
In a word, the population of the North, if the self-
constituted exponents of their opinions are to be
trusted, were never happier or more contented than
at present; never more zealous for the re-establish-
ment of the Union, and never possessed ampler
means for effecting the realisation of their wishes.
Under such circumstances America cannot help
feeling amazed that Europe should entertain doubts
of the re-establishment of the Union. Until there
is an agreement as to the facts which furnish the
premises of an argument, it is useless to attempt to
dispute. We understand wealth, happiness, con-
tentment, and freedom in a different sense from our
American kinsmen ; or, what comes to the same
thing,we entertain a different opinion of what goes to
constitute them. But, however wealthy or wise,
however happy or contented, the population of the
Northern States may be, there can be no excuse for
their halting in the progress of that meritorious
work in which they are at present engaged. If the
Union is to be re-established, if the Northern and
Southern States are, as previously, to constitute a
single Republic, if, above all, some three or four
millione of human beings are to be relieved from a
state of bondage, surely the sooner all this is done
the better. A state of war is not preferable to one
of peace; and, however prosperous the loyal States
may be at present, it is not pretended that their
prosperity would not be enhanced on the suppres-
sion of the existing revolt. Why, then, does the
North, with its vast wealth and boundless resources,
hesitate to strike the final blow ? Why is a con-
clave of traitors still permitted to assemble within
a hundred and fifty miles of the capital ? Why
does a proclamation which gave freedom to the
slaves of every disloyal citizen. still remain a dead
letter ? These are questions to which, in common
consistency, the Federal Government should furnish
some replies. If the Northern population and the
Northern resources are what Mr. Lincoln's Admini-
stration boldly declare them to be, then there, isinn!)
excuse for not bringing the war to a speedyot wter
h .
al
nation. If they are not, then let us ask I
avail is it to uphold a deception which, sooner
whoare o r
later, must entail ruin upon all tho
parties to it.

THE SOUTH WALES IRONWORKS.—This week
there has been a general advance in wages at the
majority
South Wales Ironworks to the puddlers, ballers, and other
so
ar
rk
es
skilled workmen. The rise at the
pmloayjeodr
is 10 per cent. on the whole scale, while at some two or
twheorwk
three of the works the advance has only been 5 and 74 per
cent. The labourers and others em
also to receive a rise, but the exact amount has
decided on by all the masters, not yet been

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ay
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o
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