Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1863-12-10
Tho Alexandra Case.


A rule nisi for a new trial 10 the case The Queen
n2f. Siliem and others having been granted oy the
Court OF Excequer the Court sat to hear the question
argued whether the rule should be made absolute. The
Attorney Gape-a the Soci or General, the Queens
Advocate, Mr. Locke, Q c., and Mr.T. Jones, were
for The plaintiff Sir Hugh Cairns, Q c.; Mr. Kars
lake, Q. G.; MIR. Meiish, q c., and MIR. kemnay were
for the defendant
On Tuesday, November J., Sir Hugh Cairns pro
cee3ed to show cause why the rule for trial
should not be made absolute. The grounds which
the plaintiff sought for the rule in number.
The 6-s was hat the verdict given against evi
ience the second that it against the weight Ct
evGC &c The fourth, that the learlei Ckef Baron did
Def leave 20 tie jury the question whether the snip
Alexandra was not intended TO be employed IL
thu service o the Confederate States 10 cruise or com
Lit hCstliit!es against the United States me LIN
ground was that il not left tG the Jury whether
there was any attempt equip the sixth, that It Wac
not left to the jury, whether there WIS kE0Wlngy any
aiding assisting being concerned IN equpping. Ali
oftnee grCuCGs Ineligible and dfaie, and could
be easily met bnt the tHrd ana seventh ground would
aos be tia. character.
TIE Il igd ground vas that tie Chief Baron die not
euIicni- xplain the jury Tie construction of the
Foreign j1El@tm=n< act and he seventh that he
misdrCctsd IL jury 20 the construction OF the sew
section of thGt Gci. These gr0Inds imposed upon
HIN - difficult task because, after they bad all
bs5r Aeor lacy to expect arguments On the other
Size Of the nature Of sbch they lad not b3eD in any
VA forCgaTGed. There were Two rules within which
the w0e Of THE inquiry would lie. The first OF these
rules Was this Sabj c58 Ct nGltrai power ia time OF
at Liberty to supply either OF the beigeTeDts, or
Loh CT the baiSerents with iii of those articles which
are termed by tie generic name Of contraband Of
he authority for this rule Chancellor Kent, and the
ruling will be found IN the first volume of his CORmen
taTicg page i4Z OF the marginal paging, which runs
through all the EDITORS Notifications Of this ruling
will be found a pages l35 and ll8 Of the same Com
meDtorUe. The learned counsel proceeding TO ar
~lg- On these ru les. when
Baron BramwelI asked If tie learned counsel desired
to establish by the rulings he rad quoted, that ship
might leave neutral port and be met by another snip,
with en- armament which it would take board, AID
that su1h preceding would not be breach of neu-
T5iI:y.
Ssr Hugh Cairns 0.l lot de2ire to assume what the
learned Barren had indicated. lie desired at this point
: tie gumeuC 70 State tls that it beyond all
doubt Gear upon the rules of international ship
ngat be bc0ugn outside the limit of q neutarl port
10 The verge OF neautral territory and anchored ,tsfe-
ard rhF might tayl fully 0ad another ship or barge
eita guns and aIslnuult2n which might be conveyed
in tt barge 10 9 outside OF the port, and discharged
ils1 tie sup.
Baron DsaGawan said he had not previously uader
stood tie leaned CoonceI to say that.
o.E iiugh Cairns Pfocecced 10 say that he appI1-
deG@Ci tbcc2 could be 20 doubt ABOUT another prOpo
st92 IL was thlS tlat the Ia" Wono not P@rmit any
o7 10 90 i2sie Houtfa territory ana neFe al a. anu
prepare Tor h1slitie3 IN way calculated 10 DO hoate
"c, snip, EEca "IiSl %a'u ing sa ous "
E2 'n1 ,lt0 o CO ~ tba IesIa
, ~ - - + tb snhianfs FROM, dong any,
80. " - ~t.N ! ~ 1890 - 20 ~
' LIZA tSo 'Lo tho bioorv Of tho act
~ 49, az ~ tbo Lir3 rroa ross.d hy the Congress
80 c,+t+N-; 81 NJ. Co11,;no tho Hin
" -, -. t3; - -, E7,rn;n EnI;ofnent A ot
i Ia JIso If Con3ooTo o'InSe.to the American
- - Lyi $500 oN1aI -ood ~ ovfroct from Mr.
o. \ =. 1850 =: E;oh ~ or;n;o1 "a oiIan an
7 # no 5scfeons coma r. IN America in refer
~ ~ 49,. .I l,;o - Iht +;o n tho nonraa If his
-,,r ~, Tened oor7,cn c7rarteI n tha case of
shi,I 81 arohonons DESCRIPTION Going out of port IN
t-5 - ES22~7,;, 49,, a,.r,oraop9 -. 49, 600
- ~ ~ ~ lP7 a., %rt g ~ o 49, ,o ~. .
Iron L'SIIMe! salu la - ssc1 q C's 49,
O-eS q u "a w. II 05I '"4ny ooA1c Inc ~
~ 1lVsH Na'I17 lo 5oLlsn1 II - SN0 ~ 0 "
''s,s'oi 'I 80 - t,S Nu ~ l1 ;,, 49, .o
l~h IAN 80 No WI es@saon 81 80 ;or
~ . tl1 10y eHsuo 'fc ~ insnt u 1919
coo "a TIP - f.o Wv, 49, I1+n donan5ent
~ 80 ; 49, - ~ so tI-a :; 40 ioE h1t the
-" IN I,--> r. - " 49,. '' '1- - " -" Wv
7tIIl1' - cue , tH. DID,, .., 49,,
~ L1H 49, -, Icy ".'t Pc
49, ~ 49, t -. 1879 ~ $50 81 o;
-. s( i"i; tFo 3 4 the ot
-
Baron hraH9"eI-H nas sn0ulo IKE in!ornatlon
upon 3 ttS-ooe9 lhteFhatIohal Ia" Pro1iplt sGcn
itIo?9 hGlLS PS"ItIceI Is LIS. wv Vss' ouiu ~
ou' sue ~ 5S, a1 "ne ~. 0e u ioa1 tss i ,ooin
$50 49, ~ -, - ait h.;I;tio,I
- ~ '@@ ~ ~
DIT IL I&L"o !nlHlatca tnat h@ "Ouu oeai win Tue
question 6 he projected. Inc learned cOunsel then
quoted decz!oEs CT tie American courts ID support OF
hi5 vie" OF l3 law, ana addressed nlin8H u th6 Fa
G5l act &4 the circumstances under Whca II was pass
td. ihe Cbc n the Hrst instance was 10 prevent ar
u-aIlcnt5 and CnI5tments IN behalf OF the American
ci0lCs Of Span, which had reVoted against the moth
country. lettering 10 the various s5cuon OF the Eu
gsh statute he said the principle cfence charged was
created uCd The seventh In order to ascertain what
the lie c. imputed was was necessary to proceed by