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

SPIRIT OF THE PUBLIC JOURNALS,

POST.—The Court of Exchequer was engaged the
whole of yesterday in bearing 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-General, will
doubtless occupy some days, and de 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
Majesty's dominions to arm, equip, furnish, or fit
out, or attempt to arm, &c., 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 ho 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 Use 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 conversion
into ships of war, by simply supplying a suitable
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 Court 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 right
of possession in an unfinished vessel, at mast worth
hut a few thousand pounds. Although the rule :or
a new trial has been obtained, inter alga, on the
ground that the verdict was against 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 Chi 4
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. That 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 inflect all
the damage she could on the merchant navy of the
North. In illustrating the application of the
Foreign Enlistment Act the Chief Beroe 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, like 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.
l'he 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 be employed 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
fornsequent
ly
as the Alexandra was manifestly adapted
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 u verdict for the
ef
sinrsmuhe
eenesdrd
,raonirts se Majesty's
intended unlessfo r tdho
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considered that.the
Alexandra
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s ndr a they ha
port
These
oafr
tehthe
full principaleou court
;
and on the decision at which itmay arrive will de-
pend whether the case of the Alexandra will be
tried de note, or the vessel be forthwith restored
to the possession of the original owners.
_.HERALD.—" From the North-west," says the In-
dian advices, " 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 lest;
from returning good-will than from the inability boe
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 him,
andthaitb face Shir of theAliw oppositionill
findit
ofdiffi hciuslttwtoo
bkreoetphehirss
throne .
But be this as it may, arid whether the Afghans
ines the
whichru ewoef
arethe new
eAmmi
ne
ee
hr t ol
yr
itiroatn,
questionqtuhiellysubmit
regards this frontier of our Erstern
interested
dominions,as
,
appears to be nearer solution. Of
course, in the first plane, for the sake of humanity,
and in the second, because turbulence is catching,
it is desirable that Afghanistan should not be the
scene of bloodshed and disorder; but something
more is required before the news from the Nona-
west can be looked upon as satisfactory. The real
object of our policy
usea:sesedl
rfimlrysoeuhfgts
necessarilytaot
hvrEei
attache suA
view
England.
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tahldtl
esnwe, i
mlbsetntehaandhtinateee,etfe
rwdaio, and
it
we .
the point
mt
aanyc,e,s tsoo
should
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dh bi
teehh ef
ranrwi
deer
areno tot
b3t,a
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interests will be servedea by the internal tranquillity
and flourishing state of the Afghan kingdom
Whether that ?s to be an atlTant4go to us or not.