The New York herald., 1863-11-20
NEW YORK HERALD FRIDAY NOVEMBER 30 8O3-TRPlE SHEET


black people. Yongc came from > country where such
things couu take ~. ie not took upon 'ic
OF the kind the Rnt that VIC do In the Conlede
rate States Yongo would have boen good witness, but
there they do not allow black person 20 examined
witness The written documents put IN had proved the
agency. The sole purpose Tor when that witness mad
been produced had not been touched by the ytuperave
in which he had been dealt with by the learned
the other side II impossible for any Jury
who had the truth in view 10 have been misled by
the observations OF Sir Hugh Cairns We or the Crown
wanted to prove the written documents by fonge,
had been fully answered. Chapman had pretend.
ed to be sece-sonst, when in truth he not, but
lieutenant in the United States Navy lie (tne Auor.
ney General) not there tn defend him, neither would
he do so. The evidence he had given did not otand
alone and must be taken in relation with other evidence
the subject no was called % support With regard to
the summing up say, said the Attorney General that
the jury had been properly directed the evidence VIII ch
have read met was by counter evidence was evi
upon which the clearly entitled to a
verdict and that verdict taken ia the OF such evi
dence is verdict that ought not to be allowed to stand
I am fully aware that must now direct my observa
tons to the Act OF Parliament in order to show that am
right 70 the effect OF such evidence My Lords the
act of Parliament Is 10 be regarded ia its entirety we
shall have LOOK not only that particular clause but
also to all the other portions OF the act which throw light
on inc oSoo, ,, Q. poSy 81 tue hegsa'nre LEG 81 ~ 10
portant to look at tho other clauses of the act
That policy was TO enable the crown with regard to par
tcuar sub Gets which ere mentioned ia II, TO enforce
within the territories Of the crown, against the sub
jects Of the crown the neutrality which proessed
government There are many things as to which govern
do not attempt 70 enforce thsr subjects what
they themselves profess but there other things TO
which, for tho peace of the kingdom ana for the honor Of
the nation II Is important to provide aginst such as IN
fractions OF neutrality by subjects within the realms or
BY foreign belgorent governments using the agency OF
those SUBJECTS If permitted ~ grow they will have an
inevitable tendency (whatever may b. tho techncsl
rules laid down by writer's upon international law to
damage and dcred the good faith OF the country Such
would be the inevitable elect II government processing
neutrality permitted ts shores and It's ports to be used
arsenas Tor o'her bellgerent Powers which have
of their order that war may be carried on
practically direct from those ports on tn high seas
against other nations The learned Attorney Genera.
proceeded with his address, and having stated the
tor which the Foreign Enlistment act had been
ssd he prCc,e1ei TO comment upon the statute as fol
lows After reading lis title and preamble he con
tnued:- My Ioris-The dsuncttve word "or" which
ind the seventh clause Of the act does
the preamble, but think Is perfectly manifest that the
word and" has exactly the same 10 II 1t were ds
unctive worqtha, Is that each Of ihese things, not
prevented, will b. preudcalt and vii tend to endangeT
the peace add welfare OF the c)notry WI lhe ehiist
ment or eugagemcnt OF the subect 20 serve IN war IN
foreign service . The htpg one o vessels :. rhs
equipping els. 4. earning Of W. sci. The con
Junctive instead OF the distinctive "a is used ~ tlr
preamble ana that Is quite appropriate oecause all those
things and cvery one O. them are within the mischief
which the statute Is intended 70 prevent But when
tho seyeuth clause the coniuncive IS turned INTO
a distinctive word and the ''and" becomes "or."
Mr. Baron Bramweil-rhat is clearly go, otherwise you
would make the whole connected and then it would read
that no offence would be comrltted unless you at
same time enlisted a soldier and lifted o1. vessel
The lord Chief Baron-All those four matters about
equppng &C. think are certainly to be read IN tue DIS
o,
have stopped the AZ because there was no cont
the injunction complaining OF arming or Attempting to
The Attorney Ceneral-Each OF them IS within the
mischief, and therefore, all ment. Dsd. Then beg
your ordshps attention to what that mischief as It IS
expressed the act viz. that these things may be pro
idcia and tend TO entanger the peace and welfare OF
this kingdom am sure my lord Chief Baron, when no
TO be reminded OF passage IN hs summing up,
which 90 doubt was uttered under the iniunce OF the
powerful address he had heard from Sir Hugh Cairns,
will scarcely recognize his own words.
Tha md hipt -
object OF she statute TO prevent any hostile vessel
being fitted out to make any port OF this country
port of discharge.
The Attorney Genera!I knew your ordship would not
adhere what find in the shorthand writer's notes on
the subject because what Tell from the bonch WI, that
the sort OF mischief contemplated by the act gnt be
this-that there might be vessel budngyn the ard OF
building another yard for the United States and shat
when launched aud before they got out oil British waters
the two might come into collision. knew very well
your lordshp would not adhere to that or course did
not expect that you would but here Is In the shorthand
writer's notes and I. may have misled the Jury at tho
Tue Lord Chef Baron---No doubt that OF the
The Attorney liberty saying that
don't believe such mischief catered the mind Of
any human being because 1t was thing tnAt never had
The Lord ch,ef Raron--you will find IL mentioned in
Asi'' the Attorney snsS sort, .ss~s.
Baron Pigott-I think have read something to tho
enect IN some OF the writers on International law,
OF 10 tuo euoCt tAat IL .miHut icau W eutu CouSo
The Attorney Ceneral-I don't say that it is impossi.
bio, but that believe II never has happened.
The Lord Chief Baron-Not only possible, but il is a
fact.
Tue Attorney Gcnera-- no, of any instance.
Baron Pgott-Was II not very nearly happening in
the the Confederate and federal vessels at South
amptony
The Attorney General-No my Lord the one vesse,
might have followed the other out OF the port. and
doubt that order made by her Majesty
in council but that has nothing with the Foreign
lu ,eOt act Qav ia AT In
should seek TO limit tho object and policy Of this statute
declared 10 such way would be taking liberty which
does not belong 10 any court in the kingdom TO do.
The Court having adjourned tor short time, upon the
return Of their lordships into court
Ibe Lord hef Baron said that hey had ayaicd them
selves OF the interval to CONSIDER among themselves the
which the Attorney General had brought before
them and without in the least saying what the opinion
of any member OF the Court 10 the ultimate ate
the rule they all OF opinion that what had fallen
the Attorney General was unquestonaby matter ut
be discussed II the Attorney General satisfied to
take to show why the verdict should not be
set aside contrary to evidence. not being
ranted by the evidence and ground nipdirec.
ton by the Judge the trial. on the ground that
although there might nave been no positive msd econ,
that there want OF Information furnished TO the
Jury enable them 10 discharge their duty laryf he
were content to take rule on those two grounds di-
viding the second ground into positive misdrecton
imperfect direction, he might take rule 10 show causs
HE Attorney General-That. NV lords, is alt ! have
been asking tor, and have more to say
The rule accordingly granted
Alier some technical conversation about drawing up
the rule,
lie Lord Chief Baron sad II NAV state 10 MI At.
torney General that imagined that had taken pains
aud hoped that had laid down the law as Understood
il to be aid down by the,highest possible authority
east now. In what J. called "Ruother place.
Ihe Attorney ners-Your lordship may be
that nv authority a. which may be refer ing ncapa-
be - defending hnsef here as 10 what he has said
another pace y or indicating that from misIterpre.
tation.
Ihe Lord Chief Baron tn ught that remsrks
by IN taxing that course, after all may have been
wrong.
The Attorney General--lf can divine the sentiments
OF suv person whom your lordship may be aluding
may take the liberty OF saying thai understand that
person TO have Wind Gated the conduct VI his gov
ernnent in that ''oher place, and the
nave said that IN his Judgment, although may OF be
,nfslble the Nsbams had offended against the law Of
the land.
After another discussion between the bench aud the
bar az the precise terms in which the rule was drawn
W.
The Lord Chief Baron said 1T should be observed,
and may be quite right that should state 1t in public,
that when the late Attorney General presented 20 me the
bl Of exceptions made the instant objection 10 u. which
have made all along
The Attorney Gereral-Yes my ord We are quite
aware Of tAat.
The Lord CHIEF Bsron-i said certainly did not mean
ths and do not believe that have done u, aud II the
objection had been taken. as must say think t ought