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![handle is hein.slavery/ssactsengr0591 and id is 1 raw text is: 4 F. & F. 555.
REGINA V. CORBETT
689
[.555] Court of Queen's Bench, Westminster, Sittings in 2,1iddlescx, Michacloas Terin,
1865, coram Cockburn, C. J.
REOINA V. CORE'rT.
(Oa an inictmnt against a British subject under the enlistment clauses of the
Foreign Enlistment Act, some counts alleging attempts in this country to enlist
British subjects named, and also p.rsons unknown, and other counts alleging
incitements to men on board a British ship on the high seas ; it appearing that
the defendant had engaged riiol in this country to serve on board a vessel which
he then took to Madeira, and there met and signalled a ship of the belligerent
power, and went with it to anchor off an island which belonged to a foreign state :
and there received on board the former vessel an officer of the belligerent power,
to whom he handed over the command ; and who, in his presence, used incite-
ments to his men to induce them to enlist: all of them, however, refusing to do
so, except one or two, not proved to have been British subjects ; the jury were
directed to find whether, when the defendant originally engaged the men, he had
the intention, not only to take the vessel out to deliver her over to the belligerent
commander, but also to enable him to incite and induce them to enlist: the
question being reserved whether that would constitute an offence under the
statute. And, further, even assuming that an offence had been commiiitted on
board a British ship on the high seas, they were directed to find whether the
vessel was, at the time of the incitements, a British vessel, or had become a
vessel of the belligerent power; which would depend upon whether it had been
sold and transferred, and the possession and dominion delivered over to the
belligerent commander. But, quc's-e, whether, as the men enlisted were not
British subjects, tbere would be an offence committed merely by reason of its
being a British ship. As to which, vide note, p. [563].)
Indictment under the Foreign Enlistment Act, 59 Geo. III., c. 69.
There were fifty-eight counts in the indictment, all upon the clauses relating to
enlistment. The first thirty counts were framed at common law. The first ten
counts related to a man named Ellison :--The first stated that Corbett, being a
natural born subject of our Lady the Queen, on the 19th day of October, a. 1864,
upon the high seas, to wit, in and on board of a certain British ship called the Sea
King, did unlawfully counsel and incite one John Ellison, then being a natural born
subject of our Lady the Queen, without the leave or licence of Her Majesty for that
purpose, first had and obtained, to enter himself to serve as a sailor in and on board
a certain ship or vessel intended to be used for warlike purposes in the service of,
and for, under, and in aid of, a certain foreign power, that is to say a foreign power,
commonly called [556] the Confederate States of America ; 2nd count, same, except
in the service of and for, under, and in aid of (ert:in persons assuming to exercise
the powers of government in a foreign country, commonly called the Confederate
States of America ; 3rd count, same, except counsel and incite to enter himself to
be employed and engaged in and on board, &c., ending same as 1st count; 4th
count, same as 3rd, except ending same as 2nd count; 5th count, same a:-' Ist, except
counsel and incite, &c., to agree to enter himself to serve, &c. ; 6th count, same
as last, except the ending, which, same as 2nd coant, beginning in the service, &c.
7th count, same as 1st count, except counsel and incite to agree to enter himself to
be employed and engaged in and on board, &c. ; 8th count, same as last, except
the ending, which same as in 2nd count, beginning in the service, &c. ; 9th coumi,
same as in 1st count, except counsel and incite ' to serve ip. atd on boaid, &c.
1.0th count, samne a. last, except ending as in 2nd count. There ic'r- 1ce other counts
making similar charges as to one Allen, and twn others as to one Hlurcus and several
other men named.
The next six counts (thirty-one to thirty-six) laid the charge as to the enlisting of
a person unknown.
The next six counts (thirty-seven to forty-two) were framied on the statute : and
alleged the oflence to have bee-i c 'inmitted in I i countrv. The 37t]h coui slated,
that the said Peter Snther (orbett, on tbe 25th d oy of S1,.kmlm, \... 1 '61, within
the United K ingdom of Great, Br;tain ,arul Ir'lanzi, and w :i hii . le jairis,,ition of
the said court, to wit, at the East India Docks, in He, prish oL A.l Saints, lPoplar,
in the county of Middlesex, unlawfully and wilfully did endeavor to procure one
John Ellison, without the leave or licence of 11cr Majesty for that norpoc first had lnd
obtained, to serve and be employed as a sailor in ,-ea service aud on b;artd a ['57]](ViewImageLocal?handle=hein.slavery/ssactsengr0591&div=1&collection=&method=preview&ext=.png&size=3)