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R v Granatelli

State Trials Cited authorities 8 Cited in 1 Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date07 July 1849
Date07 July 1849
CourtState Trial Proceedings
28 Edw. 3. c. 13. Jury de Medietate
59 Geo. 3. c. 69. Foreign Enlistment Act, 1819
7 & 8 Vict. c. 66. Aliens
11 & 12 Vict. c. 78. The Crown Cases Act, 1848
33 & 34 Vict. c. 14 Naturalization Act, 1870
33 & 34 Vict. c. 90. Foreign Enlistment Act, 1870
THE QUEEN against GRANATELLI. TRIAL OF PRINCE GRANATELLI AND OTHERS FOR A BREACH OF THE FOREIGN ENLISTMENT ACT, AT THE CENTRAL CRIMINAL COURT, BEFORE COLTMAN AND MAULE, JJ., JULY 5, 6, 7, 1849. Indictment, on the prosecution of the Sicilian Minister in London, against Prince Granatelli and others for a breach of the Foreign Enlistment Act, 59 Geo. 3. c. 69. s. 7,(a) in fitting out, without licence, the s.s. Bombay, to be used in hostilities against the King of the Two Sicilies, with whom this country was at peace.(a) Verdict Not guilty. It was provided (b) by 59 Geo. 3. c. 69. s. 7, that if any one shall, without leave and licence, &c., "equip, furnish, fit out, or arm any ship or vessel" (to be employed in the service of any foreign prince, &e.) "as a transport or storeship, or with intent to cruise or commit hostilities" against any prince, state, &c., it shall be a misdemeanor. Ruled by COLTMAN and MAULE, JJ.- Foreign Enlistment Act, 59 Geo. 3. c. 69. s. 7 Fitting out vessel against friendly power. That, under this section, it was an offence, without leave and licence, &c., and with the intent aforesaid, to equip, furnish, and fit out a ship so far as that by putting arms on board, she would be made ready to go into action.(c) (a) See the civil proceedings arising out of these facts, reported in King of the Two Sicilies v. Willcox and others, below, p. 1049. (b) This Act followed the precedents of the American Acts of Congress of 1794 and 1818 (see U. S. v. Quincy, 6 Peters, 445). It was repealed by 33 & 34 Viet. c. 90. s. 31 ; see now s. 8, s-s. 3 & 4, 10, 11 of that statute ; A. G. v. Sillem, 2 H. & C. 431, 3 F. & F. 646 ; Reg. v. Jones, 4 F. & F. 25 ; Reg. v. Rumble, 4 F. & F. 175 ; Beg. v. Carlin (The Salvador), L.R. 3 P.C. 218 ; Dyke v. Elliott, The Gauntlet, L.R. 3 A. & E. 381, 4 P.C. 184 ; Burton v. Pinkerton, L.R. 2 Ex. 340 ; Reg. v. Sandoval, 16 Cox C.C. 43, 56 L.T. 526. As to the statutes and common law in force before 59 Geo. 3. c. 69., see 3 Stephen, Hist. Cr. L 257. Report of NeutralitylLaws Commission, 1867 ; 1 Phillimore Int. L. 465 ; 3 Inst. 144, 179 ; 1 Hawk. P.C. c. 6. s. 2, s-s. 3 ; 1 East P.C. 81 ; 4 Bla. Com. 69, 122; Forteseue,388, Triguet v. Bath, 3 Burr. 1480; U.S. v. Gideon Henfield, Wharton, St. Tr. 49 ; debates on Bill of 1819, Hans. vol. 40, and Cannings speech on Lord Althorps motion to repeal Act of 1819, April 16, 1823, Hans. 2nd series, vol. 8, p. 1047,in which he stated that the Act was passed partly in confirmation of the common law which prohibited the transfer of military allegiance to any other power without the consent of the Sovereign,and partly in mitigation of the statute law, which annexed to a transgression of the common law on that subject certain severe and sanguinary penalties. (c) But see A. S. v. Sillem, 2 H. & C. 431, H.M. Advocate v. Fleming, 2 Sc. Sess. Ca. (3rd Ser.) 1032; The City of Mexico, 28 Fed. Rep. 148. This was a prosecution by the Sicilian Minister in London, under the Foreign Enlistment Act, 59 Geo. 3. c. 69. s. 7, which provided- " That if any person, within any part of the United Kingdom, or in any part of His Majestys dominions beyond the seas, shall, without the leave and licence of His Majesty for that purpose first had and obtained as aforesaid, equip, furnish, fit out, or arm, or attempt or endeavour to equip, furnish, fit out, or arm, or procure to he equipped, furnished, fitted out, or armed, or shall knowingly aid, assist, or be concerned in the equipping, furnishing, fitting out, or arming of any ship or vessel with intent or in order that such ship or vessel shall be employed in the service of any foreign prince, state, or potentate, or of any foreign colony, province, or part of any province or people, or of any person or persons exercising, or assuming to exercise, any powers of government in or over any foreign state, colony, province, or part of any province or people, as a transport or storeship, or with intent to cruise or commit hostilities against any prince, state, or potentate, or against the subjects or citizens of any prince, state, or potentate, or against the persons exercising, or assuming to exercise, the powers of government in any colony, province, or part of any province or country, or against the inhabitants of say foreign colony, province, or part of any province or country, with whom His Majesty shall not then be at war ; or shall, within the United Kingdom, or any of His Majestys dominions, or in any settlement, colony, territory, island, or place belonging to His Majesty, issue or deliver any commission for any ship or vessel, to the intent that such ship or vessel shall be employed as aforesaid, every person so offending shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, upon any information or indictment, be punished by fine or imprisonment, or either of them, at the discretion of the court in which such offender shall be convicted : and every such ship or vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores which may belong to or be on board any such ship or vessel, shall be forfeited ; and it shall be lawful for any officer of His Majestys customs or excise, or any officer of His Majestys navy, who is by law empowered to make seizures for any forfeiture incurred under any of the laws of customs or excise, or the laws of trade and navigation, to seize such ships and vessels aforesaid. . . . and that every such ship and vessel . . . may be prosecuted and condemned in the like manner and in such courts, &c." The circumstances which gave rise to the prosecution were as follows :- In a note, dated December 10th, 1848 9811 The Queen against Granatelli, 1849. [982 Prince Castelcicala, Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of the Two Sicilies, called Lord Palmerstons attention to the fact that two vessels, the Bombay and Vectis, had been purchased by the Sicilian insurgents(a) from the Peninsular and Oriental Steam Navigation Company, with a view to their being employed in hostilities against the Sicilian Government, and requested that they should be prevented from leaving England. To this application Lord Palmerston replied as follows :- Foreign Office, January 6, 1849. "The undersigned, &c., has the honour to acknowledge the receipt of the note which Prince Castelcicala, &c., addressed to him on the 30th of December, calling the attention of Her Majestys Government to the purchase of two steam vessels in this country, with a view to their being employed in hostilities against the government of the King of the Two Sicilies, and to the alleged intention on the part of the persons concerned in making the purchase, that the vessels should proceed to Palermo, under the English flag, and with an English crew, there to be delivered over to the purchasers on payment of the remai Eider of the purchase money, 20,0001. only having been hitherto paid on account. " The undersigned has the honour to state to Prince Castelcicala, that Her Majestys Govern-mint cannot interfere with the fitting-out of vessels in a British port, nor with their departure therefrom, unless the equipment of such vessels shall bring them within the scope of the provisions of the Act of 59 Geo. 8. c. 69., commonly called the Foreign Enlistment Act (b) ; and the undersigned can therefore only refer Prince Castelcicala to the provisions of that Act as a guide for any proceedings which Prince Castel-cicala may be legally advised to take. . . . "(Signed) PALMERSTON."(C) On March 16th, 1849, the Bombay was seized by one of the surveyors of customs, whilst lying in the Thames at Blackwall, but was released on May 4th, in pursuance of orders from the Treasury. On May 5th Prince Oastelcicala again addressed a note to Lord Palmerston on the subject- " Air LORA . " Her Majestys Government having declined, contrary to what, I believe, has always hitherto been the cusixim in such cases, to carry on the regular legal proceedings for the purpose of condemning and confiscating the Bombay steamship, lately detained by the Commissioners of Her Majestys Customs for a flagrant breach of the Foreign Enlistment Act, which Act I have always been given to understand was passed for the express purpose of protec- (a) For au account of the insurrection, see Ann. Beg. 11148, Hist. 332 ; 1849, Hist. 308. (b) See now Hall, 1m. L. 532, 538 n ; Treaty of Washington. Art. VI. (c) Laid before Parliament, May 4th, 1849. ting those governments with which the British Government were on terms of amity and peace, I beg to inform your Lordship that, acting under the advice of counsel, I myself have commenced proceedings against,the captain and one of the owners of such ship, preparatory to my taking the necessary steps to have the said ship condemned and confiscated by the proper tribunal. I now, therefore, request that:your Lordship will give the necessary order that such ship shall be detained until the ease has undergone a fair and impartial investigation in a court of justice, and that Her Majestys Government will give me all the assistance and facility that I require in such a case, and to which I think I am, as the representative of a sovereign with whom Her Majesty is on terms of amity, but too fairly entitled. I also beg to inform your lordship that I have received a despatch from the minister to the King of the Two Sicilies at Paris, stating that the Vectis, a steamship built by the same person, sold by the same company, and in all respects similarly situated as the Bombay, has, at the instance of the aforesaid minister, been detained at Marseilles by the French Government, for the same purpose as that for which I now...

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