New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-12-03
The roint of law which he is most particular

be completely armed in order TO make her Liable to
seizure. Our readers may be aware that The
penahies of the English statute (Foreign En-
listment act, as it is called) are denounced
against those who shall "equip," furnish,
=" fit out, " or arm" avessel designed to be en-
ployed against friendly Power. And it was
generally reported and understood that Baron
Pollock had instructed the jury that if the
Alexandria were another Alabama-if she were
completely prepared for war, but had not hei
armament aboard, even though, Ike the Ala
bama, she were going to take it aboard as soon
as she got CUT OF British waterS--she and heI
builders Lad not offended against the statute.
Now, says TIE Chief Baron, quoting the short
hand writer's notes according to The Times,
IL did not instruct the jury upon the construc.
ton of the act, but left it to them in the very
words of the act. 'If you think / said to
them, that this vessel was armed, or equipped,
or ftted out or intended to be armed or fted out,
or equipped, your verdict must be for the Crown;
if not. itmust be for the Defendants
But these are not the words Of the act. On
tie contrary, beside the chief ofense Of
arming," "oquipping," &c, the statute goes
on to denounce "or shall attempt or eraecoO'
SO to do" - cor shall knowingly aid, assist,
or BE CONCERNED in the equippine," sc. And
the ninety-eight counts of the information, as
we have before pointed ont in notice Of the
trial (of Aug ~, included a set which charged
the "ading" and assisting" and "being con,
ceraed" in fitting out the illegal expedition.
Now, if the English Judge meant to leave the
statute and the information to the discretion Of
the Jury, what right had he to withhold por-
ton of bothi 1t was precisely under the SIM.
lar phraseology of our own Foreign Enlistment
Act of 1915, that the important case Of United
States agt. Quincy, 6 Pet, AS, which We be-
lieve The TRIBUNE was the first to call attention
to, arose and was decided against the defendant
in The United States Supreme Court in 1892; q
case which Chief Baron Pollock (or the Crown
lawyers, for we acquit the Chief Baron OF any
acquaintance with it) made Of less account as
an American authority than definition in
WcbSter's Dictionary.
| But, after all, it is more on this same deiini-
ton of Webster's, perhaps, than anything else
that Chief Baron Pollock's law in the Alexan-
dra case is going to be immortalized. We have
not seen any quotation Of the shorthand writ
er's notes which includes mention of Web
ster's dictionary: but doubtless such mention
is there to be found, if they contain every syl-
liable which was uttered in court, as the Chief
Baron says they DO: for all the contemporary re-
ports agree in Websters being cited to tie mean
ing of the word equip. Says The Times Of Aug.
Goth, which we viii quote for example on this
head-"It appears that, according to Wcbster's
dictionary, equiPping is furnishing ~iM arms !;
and furnishing is given in other dictionaries as
tie same thing as equipping." Now, Will it be
credited that when the Chief Baron was going
to decide a question Of war and peace between
England and America, he took for his authority
the definition contained in A POCKET DICTIONARY
Yet such is the fact. There is no such dehni-
!tion as furnishing ,riM arms in tho true Webster
Dictionary. pocket edition Of that leMeo-
rrapher indeed furnishes such meaning, as has
been pointed out by an intelligent critic in The
Boston Daily Advertiser Of Nov. q. But the
unabridged Webster gives definition 60 "in
common language, TO fit for sea; to furnish Nth
uaaterer is necessary for a royags"-a meaning
quite sufficient to condemn both the Alexandra
and Alabama. Does judge, we would respect
fully ask, administer English law in the most
approved style, who does not consult even the
standard editions Of dictionaries, when dietion-
aries are worthy Of being citedl
But we must say word more about diction-
airy definitions. The writer Of the leader in
Tie London Times Of Nov. 7, says tive have seen
tie report of the shorthand official writer in the
Alexandra case, and according to that the Lord
Chief Baron says, / own that my opinion is,
that equip, furnish, fit out or arm, al me0" pre-
ciselg the same thing 1t is true that this pas.
sage was followed by qualification; but it was
also followed by declaration that the building
and sale of The Alabama osrs perfectly legal"
The italics arc ours. But, after such an exhibit
ton of photography and law as this constitutes,
we hope that we shall hear no more of the mper-
feet Justice administered by American District
Courts, nor of the superlativo perfection Of an
English tribunal as an exponent Of international
law.
As to the Alexandra case ITSELF we expect, OF
course. TO hear either that new trial is granted,
or that the whole proceeding is declared an abor-
ton.
cnxsrwVaTxsm IMPROVING.
! TIE Pittsburgh Post--a Democratic organ With