New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-26

TO slow that violence was not ne -essary, but ges
ture or other circumstances Of terrifying, causing
person TO part with bis property, were sufficient.
In the political connection, Mr.. Evarts said he
ehoud have occasion to refer 20 the Constitution Of
the United States, and TIE Articles of Confederation.
Mr. Lord said tie distribution which had been
ma6e among the counsel FOR the prieorers was that
huself ard Mr.. Lafocque should speak upon the
political range OF the quts ion and Mr.. Brady upon
questions OF fact.
SIR. EvaIts desired to know how many speeches
there should be for the defcfse7
Mr.. Lord said % they Rad relieved the Court from
the trial OF ~ men b. taking them all together, he
supposed they had a right TO he heard as often as
they liked. He then went on to quote fron tic pro-
ooodmgs OF the Conference OF uaiOns July 9s 1895,
for the purpose Of showing that among the four
articles brought up for adoption, which were lot
unanimously ADOPTED privateeriDg was held back,
and far from regarded as piracy. In reference TO
uIisdiciOn, II the commander Of naval vessel woo
captured . rrate was permitted 10 anchor at Nash-
iugton, and theo at Philadelphia, and then at New.
York, il dspelled the 81 sDIfcance Of the statute.
Hampton Roads wGs the station Of the Minnesota,
and thr could never take the prisoner captured
pirate anywhere else. The crew Of the Savannah
could have been lsnded easily at Fortress Monroe
or Hampton, and ia Western Virginia there were
certainly enough loyal people to try them. lie there
fore made tie Polnt tLGt this was the bringing
intended by the statute, aad that the present Circuit
Court hsd no jurisdiction, wherefore the prisoners
ought to be acquitted The foreigners trial could
not be found guilty of piracy be ause the 9Ih sec
ton iucrded only Americans. Piracy was a crime
sganrt ell nations, mere robbery on the high seas;
Political heresy would not make piracy, nor would
political con ormity In al cases exempt from plfacy
H. for instance commissioned captain took vessel
with levels on board and neglected TO account Tor
them And if he captured a vessel without conform
inc 10 bis strict egsl Instructions, would that make
him pirate 30 as 10 hang him at the yard-arm The
books were full OF damages awarded for Irregular
captures. man dong al act which, may y De
ever 30 wrong or reasonable, with view
of submitting i. to court of any coun-
try able to judge upon 1t, did not
commit piracy. precedent was cited TO show tbis
ma pari Of tue law Of nations. South Carolina was
organized as State of this Union. Here we had
eleven States organized over ten millions Oh people,
ana doing perhaps, an illegal thing, when 1t cane
10 be submitted. Was it possible that that power
sbould fall down 20 the not killing chick, without
the charge OF murderi These ten miilioos We're
nevertheless committing acts which II done by three
or four persons were MURDER Bot justice must be
equal. Though civil war began aiways with few
Caiilines OF the country 1t soon entirely changes its
character Mr.. Lord read a quotation showing that
civil war 70 er,ss aud said the moment civil war
begins tue rules Of war apply. II we rang one We
must hang all and the Otner ride will roaliate.
One of the rules Of war 10 that captures are rot
robberies but prizes. ii capturing the Joseph was
piracy, there was enough force about !, To
make il 40. Bot the joseph was disposed OF
not according to the private plans OF the eap'os but
according 10 TIE decision of court. We could not
treat them ~ pirates and az enemies at tie same
time which War a prepOslerOus idea. IL WIS in
dulgiug false and fanaical principle Of Oppo-i-
lion TO call them pirates. The ltw was, that II We
ac, under color Of authority, are not to he sub
ected to being found guilty OF felony. All the ma
tions Of Europe wefe looking upon as. What shid
the great nercisl nation Of England I'VE DO
rot look upon you lirate,, but "a belIigerents
So il was ~ rnnce Spain, Holland: bar when we
came down % New York, the Distict-Attorney
would have IL that the pritonon are hDsfiS hHmdHl
rcHcris. lie capture VAS capture under the nu-
thoify Of the Confederate States, with view to adj
Indication in court. Mr. Lord proceed 70 give hs-
tory OF the manner in which the 9th section on which
tie charge is based was Lfrt lorm0d. There vas no
eXigeucy calling for such ID Gc ~ the history OF this
COUNTRY bur the act Was found in the lth aud 18th
Of William ILL.,, and wa. copied by those who then
adjud sted Tor the country. IL originated IN The nj
tempt OF n Prince, without q Court without Do
miniOn or authority, to Prey upon tie commerce oi
England, all the ITOviriOns aud subsequent ari-
cles proved. IL was rot piracy under the 9Th sec.
ton of 1870, because II under the color OF au-
thonty; nor was it under the 9th, IN TIE Gaze Of
nj 40 ofh.~. NJ. 49, - 800 VI t"S fVut
Americans, IL was not piracy becnuse tiey were
by the Confederate States. The Dis
could not IN hi. indictment. recognize
the Confederate States, aud therefore he merely
used the uane Of zone Jefferson Dayh, IN The
same manner that he might ue The name Of one
James L. Brady. Under "A forti-n mdlctineHt tue
commission would have sustained the piisoner'
For the good OF the Government and the country
lie safely Of our prisoners IN tie hands OF the other
side il would be n most Fortunate thing, Mr.. Lord
aid if this Indictment should fal to tie ground by
reason OF a techLcs.lity. Abdicated princes very
toon came 10 be robbers. Blu the Confeders
ton over viii Jefferson Dayis Presides not Con-
federnion de fqcio IL wac idle TO say that nan
AT whore uiddiug armies Of hundreds OF thousands
moved. should come under law maniiesliy Intended
for mere nominal prnce. Dir. Lord submitted that
Inc recognition Of the Confederate States belger
en,s prevented these proners, uudef the law OF ma
tious IRON being treated as pirates. hen all the
nations bat held IL Lot ifaey, for that one to
saw il Was piracy, was 5Oleci.m. Tue Jth seCtiOp
If HE net If 1880 did not have ia view a. appica
tinn 10 the States then recently made Uni ca States
of America; but TO "a foreign pnuce, and
for high authority only, aud without territorial
domigious Our {, ject was 10 Teciaim these Stu es
Sbould we do il by executions for piracy reRsroing
them LA without any form OF society II seemed
10 lin no national evil could be greater than what
would follow The idea that II is very oiensiye 10
commercial men was 10, the point the navy must
repul ,te that ~ conclusion be felt very mucn hui
II inflated that the press lever alluded 10 the case
without calling his clients pirates.
Mr. Lord then handed up 10 the Judge bis PROPOSE
tiona in nanuscriit form.
lIr. Larocaue had also prepared schedule OF bis
.,aument of Yesterday IN which he stated briefly
re points deducted iron prece ents and commenIa-
,ie, and gave many additional citations.
The Court thea adjourned