In the Court of Exchequer at Westminister. Trinity Term, 26th Victoria: The Attorney General V. Sillem and Others, Claiming the Vessel "Alexandra," Seized Under the Foreign Enlistment Act, (59 George III. Chapter 69). Report of the Trial Before the Lord Chief Baron and a Special Jury. With an Appendix
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admitted Alabama Alexandra answer appear apply armed Attorney authority believe belligerent building built called Captain Bulloch character charge commit hostilities Company Confederate consider construction counts course Court Crown defendants direction doubt employed equip evidence examined fact Fawcett firm fitted foreign furnish gentlemen give given Government ground gun carriages guns Hamilton hear heard intent kind learned friend leave letters Liverpool look Lord Chief Baron Lordship machinery matter mean mentioned merely Messrs Miller neutral never object observe offence owners Parliament particular parties passed person ports present Preston proceeding prove Queen's question received reference regard remember respect seen seizure ship ship or vessel Sir Hugh Cairns Solicitor sovereign speak statement statute suppose taken tell thing told trial understand United vessel witness yard
Page 163 - But there is nothing in our laws, or " in the law of nations, that forbids our citizens from sending " armed vessels, as well as munitions of war, to foreign ports for " sale." Now, why is that ? Why of course because the construction of the Foreign Enlistment Act is adopted which I submitted to
Page 5 - The Act under which the information is brought is familiarly known as " The Foreign Enlistment Act," the title of which is " An Act to prevent the enlisting or engagement of His " Majesty's Subjects to serve in Foreign Service, and the " fitting out or equipping in His Majesty's Dominions Vessels for ( Warlike Purposes, without His Majesty's Licence ;"* and
Page lxx - construed strictly, they are not to be construed so strictly as " to defeat the obvious intention of the legislature. The maxim " is not to be so applied as to narrow the words of the statute to " the exclusion of cases which these words in their ordinary " acceptation, or in the sense in which the legislature
Page lxiv - she may be employed as aforesaid, every person so offending " shall he guilty of a high misdemeanor, and shall be fined not " more than ten thousand dollars, and imprisoned not more than " three years; and every such ship or vessel, with her tackle, " apparel, and furniture, together with all materials, arms,
Page xiii - for warlike operations in or against the dominions or territories of any foreign prince, state, potentate, or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province, or part of any province, or against the ships, goods, or merchandise
Page 205 - I have the section of the statute before me, which is dated April the 20th, 1818. It is entitled " An Act in addition to the Act for the Punishment " of certain Crimes against the United States, and to repeal the " Acts therein mentioned.
Page 230 - to equip, furnish, fit out, or " arm, and procure to be equipped, furnished, fitted out, or " armed, or shall knowingly aid, assist, or be concerned in the " equipping, furnishing, fitting out, or arming, any ship or vessel " with intent or in order that such ship or vessel shall be em" ployed in the service of any foreign prince,
Page 207 - volume of the Laws of the United States, declares that, " if any person shall, within " the limits of the United States, fit out and arm, or attempt to " fit out and arm, or procure to be fitted out and armed, or shall " knowingly be concerned in the furnishing, fitting out, or
Page lxiv - and stores which may have been procured for the " building and equipment thereof, shall be forfeited, one half to " the use of the informer, and the other half to the use of the " United States.