New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-12-02
TIE ALEXANDRA CASE.

Arule nsi for a new trial in the case The
Queen aet Silem and Others, having been granted by
the Court of Exchequer, the Court sat to hear
the question argued whether the rule should be
made absolute. The Attorney General. the Solicitor
General the Queens Advocate. Mr. Locke q. C., and
Mr. T. Jones' were for the plaintiff. Sir Hugh Cairns.
@ c.; Mr. Karsl.,ke Q. c.; Mr.. Melsh Q. CT end
Mr.. Kemplay were for the defendant.
On Tuesday November II. Sir Hugh Cairns pro
seedcd TO show cause why the rule for new ial sod
Rot be made absolute. The grounds on which The
plainifs sought for the rule were seven In number
The first was that tie verdict given against
evidence; the second, that il against the weight Of
evidence; the fourth, that Tie learned Cher Baron
did not leave 10 the Jury the question Whether
tie slip Alexandra WAS or was not intended
70 be employed in tie service Of the Cohfed'
crates States cruise commit hostlliles against
The United States; The fifth ground was tina; IL
MOI left 10 the Jury Nhet er there was any attempt
T. cudeavOr equip; The sixth that il was not len to
The Jury whether there was knowingly any aiding 49,
sisiing being concerned in eluipping. All o. these
grounds were Ineligible and definite. and could DC
easily met but the third and seventh ground would not
bear that character. The third ground that The
Chief Baron did no. sufficiently explain TO the Iury the
construction of the Foreign Enlistment sct aud The
seventh that he nsdIe etcd the Jury 10 the con
e.rncfiO1 Of the seventh section Of TINT act These
grounds imposed upon him very difficult task. be-
cause after they had all been heard. they were 10 ex
rec1 arguments the other side of the nature Of which
they lad no. been IN any way iorewarned There were
lie The first II these rules this Subjects Of Deu
power time of OF liberty to supply either
Of tie belseTents or both OF the beiiceiens Win al
OF those articles which termed by the generic name
Of contraband Of wal. The authority for this rule ID
Chancellor Kent. and the ruling will be found IN the
frst volume az his Commentaries page li2 Of tie mar
ginal paging, which through al the editions.
Notifications Of this ruling will be found at pages l35
and lie Of the same Commentaries The learned coun-
gel was proceeding TO argue on these rules. when
Baron Brlmwel asked if the learned counsel desired
20 establish by the rulings he had quoted that ship
with an armament which IL would take on board and
that such proceeding would not be bresch OF neu al
Sir Hngh Cairns did not desire 10 assume wha, the
learned Baron bad indicated lie desired at this point
Of the argument this that !, Was beyond All
doubt clear upon the rules of international laW, that
ship might be brought outside the limit OF neutral port
to the verge Of neutral territory ana anchored there
and they might then fuiy load another ship OF barge
with guns and ammunition. which might be Conveyed
In the barge the outside Of the port and there dis
charged into the ship.
Baron Branwe said no had not previously understood
The learned Counsel 10 say that.
Sir Hugh Cairns proceeded to say that he apprehcnded
there could be doubt about another proposition IL
vas this that the law would not permit any one 10 60
inside neutral territory and there arID and prepare
for bostiities a way calculated TO do hostile acts.
sbin which arerya might sa gu; Of oil territory
70 beyond the limit and commence host!tes with tie
ship armed. The intention of the Legislature would
be 10 prevent the subjects from doing anything which
would create difference between the beigereDts and
them Then came the history Of the act. The first act
OF tie kind passed by The Congress Of the United
States in 1924 Mr. Canning, the Minister when intro
dueing the Foreign Enlistment act into the House Of
Con mons alluded 20 the American act CIhe learned
COUNSEL read an extract from Mr. Cannngs speech. in
which an opinion is given approving Of the decisions
come 20 in America In reference 10 the question at that
tme) In the course Of his argument the learned
counsel adycrted TO the case OF ship Of ambiguous de
scrptlOn going out vi port uhaIucu' niu hnPpins nI
armament on the sea.
Baron Bramwell said that If such case were not
breach Of the law it certainly looked like eD evasion
Sir Hugh Carns-Ihe moment il said 10 be an eva
sion the case is conceded 10 me-
Baron Bramwell-T The word evasion" has two mean.
inrs man nav eyGde the payment Of income tey by
taxing care 10 receive for bis annual Income ~. les
aid but when You have law dependent npon pIln'
cp you may say there is no law but the spirit Of the
The Lord Chief Baron--There are many acts prohib-
itory which receive construction according TO The spt
but the moment you come to a question OF CRIME you
sust be within the words Of the act.
BARON Bramwell-Wbat i should Ike Information
upon is thls--does international law prohibit sneh
euibble being practiced as that TWO vessels snoH ~
cut side by side and when three or four mics rom
shore one which was unarmed vessel, b suddenly
armed and made ready 20 commit h0sllh,@sf -,
Sir n Cairns intlmated TINT be would ueai VIII tic
onea,nn ~ he proceeded. The learned counsel then
Quoted decisions Of the American cons ~ suppoi OF
his view Of the law and addressed Iisci 70 w I'm
rlish act and the circumstances uhuer "inch IL was
Sassed The object in the first instance. was 10 pre-
vent armaments and enismens IN behalf o the Amer
can colonies Of Spain WHEN .a. or 'saa. M
the English statute be said the principal ofensc
charged was created undor the seventh In order 10
sary proceed by degrees and he coHtended. IN the
Erst place that there nothing to prevent ship be-
Ing built distinguished from "equpping, fitting out
aud arming"
TIE LoId Chief Baron; II 1t lad been intended that
the ships should not be built nothing wond have been
easier tLan % say " You shant build ships"
Sir III. Cairns: Just so. There nothing In the |
section 10 restrain from hiring ship for carrying out
warke stores 10 be delivered to slip p0rt abroad
Then again, there nothing which intimaled that .
building and fitting out dispatch boats "a most impOr
tent arm of the scIyice) Illegal 30 there was
nothing 10 forbid the building u ship a. dstngnisbed
from tie "equipping iitingOut. and arning," there
wa nothing which forbds tho taking tho hui Of that
merchandise out Of jurisdiction into Confederate
mort or any other place which might be thought desra
bic There three ingredients IN the oHehss w.
BY the section First 1t must be coinnit'eu ;nnn,
NaIesty's domnions and there must DO an cqailo n,
q ship Of war 10y which he UNDERSTOOD an ea"PA'
Of "a " srllke Character ,,
Baron Bran well: Short OF armingf to. ..v
Sir II Cairns-It may be short OF aiiln33. anej ~
xoh,ng nbout that but the etuipnen, "a in,c1icnt
is the view or intention that the snip sno thc nrn
80 Roll gcrent against another 1hot De.ns ,nn,
si,.i oarnss will now address NY scr - a"nce,ned
100 attempt epdeavor. procure nnu a., 10 was
Learned counsel went on 70 say tnai nc We.
,ised tu ind that Of the coinpnnh,e i mie ~
55cation for the RUE was. that tne ioiu ~, . 80. ~
40, called the attention of the jury W tno va
shs s1t "a 10 attempting, endeavol my p'vo.i'ns
w .,cerpcd in lie was astonisbed at uht colu
Ns Iaiuy made since the late ATTORNEY -"enerh
.aS most distinctly that he rested the prosecutor
800 .be first eight counts IN every one VI ",cp we
III |" eoup" occurred, without the shgnt.st .cicI
80. .o tha sttsnpt eHdeay0r, procuring &C. 4%Sp'