The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-30

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"a the DER ce Of these men Tho son wrote ba
ss 'g, as he truly felt all the nIia aIlc-
ton which nc owof INA. nonorei parent, BIT at the
he must discharge his duty an aayoea,s according 70
the ros Of bis profession ana nc o''s' is o. ls
oif,cia oath, wl~.,cver mil.s ~ .lo lls,!lt ID
The struggles, in tho history Of the world, 70 hav.,
criminal trials honest judiciary, fearless i ry and
fa hu advocate disclose groat deal Of wrong and SUI
feng inflicted on advocates silenced by force trembling
al the bar where they ought to DO ut ry arles in tbs
discharge Of their duty, inflicted on iures lines, aud
priscned and kept them y.x m dungeons ios IN IN
s sss niy ~ e als s ecsr, ind
own o.-ertttion, which secure 10 men ,rbu hv iurv
AID an she rights incident " that sacred and nvalu-
',o privilege, are is,o the history o. wrong against
which those proyisioas intended guard 10
tie future THIS trio gentlemen, furnishes brilliant
illustration o. ,he beneficial results q all this ca'e.
have Pad. Nothing admirable than the at
tent'on wsch you have given to every preceding IN
| enough to be perfectly certain that whatever vcract
they render win be rendered without ear az favor, On
The law Of the land as they shal' DO niorme II Goes
exist calm and patient review OF the ties. mony,
with due sympathy for tho accused, and yet win
proper respect for the government that the lay fhnl
| he satisfied ard Individual tights protected Lnt, ger
tlsrnen, do believe most sincerely that hays
deceived ourselves III regard to the Ass of the land,
have right To invoke your psf ,nn fer tn 81 III Ii,
The bodily presence, II il could be rcd OF these who
have been here IN spirit by their Ia gage, Attending o.
tbs y bate and lowering about these men, in order to
furl sh them prst ction-leo and Hamilton, and ans
| ana Washington ANA Jefferson, all whose spirits enter
into til, principles for which contend- would peal
| III their teaf do wish that 1t were within tho power
Of men, king the great Ruler of the Universe, to bid
these doors open and to let the Revolutionary 10
whom have regerrcd-a Sumter, a hto.lue, Marion,
| Greei,e Pttisam and the other distinguished
who fought for our privileges and rights III ta Gays 81
oidud to let them ma ch in here and look AT thit
trail There is not Of them who would not say TO
| you that you should rsn,ube.-n regard 10 each Of
these ~ sones, MS if you We're his lahcr-the eSanpl,
81 Abraham when lie went TO sacrifice his son Isaac o.
the mount-;he spirit Of american liberty tn principles
Of American jurisprudence and the dictates II humanity,
constituting themselves another Angel 81 the Lord. and
saying TO you, whom the nhnolat' was threatened -
lay not your hand upon him." manifestations 81 AZ
| piauso in couit.)
Nj. Lyas,s saIsmed up on behalf Of tho government
lie sai--Aay please your lonors and gsntlemea Of
tho jrry trial in court OF justice is trial OF many
Other things than lie prisoners tie bar II is tr Of
the strength OF the laws, Of the power Of the government
If the duty CT the citizen, 81 the fidelity II conscience and
intelligence Of the jury. II is trial Of the great prnc
les d faith Of deiy, Of law civil society, that III
luisl tho coAdtiun OF civilization from that Of bafba
ism. know no better il stance Of The dstrchii b.
tween the cont of civilized, instr cied Chris
ti people, shan that which is shown in the asertono
right where might and violence and rage Of passion IN
physical contest determine everything aid this last sober
discreet, patient. intelligent, authorized, faithful sculu
! lous, conscientious investigation, unter the lights
| OF al that intelligence with which God has
favored any OF u.s. under that instruction which bc ngs
To the learned and accredited expondcis Of the law Of
civilized and established free governments ndor the ala
Of and yet ret ms,ed by the gracos couence OF adj
yocatcs on either side. b., after all, as the test and
strength # law ihe force AMI vigor OF your tc
gunce and tho CONTROL dominion uf duty to Tie men be-
fore you in The persons Of the prisoners, TO the whole
community around you, ard TO the great nation for which
YOU now discharge here vital function for its pcrma
hence ard is safety yotr doty to Tie laws aud lie 50
vernment OF yolr country, which, giving its protector
requires allegiance, ard finds lis last ara na rest
III place, both hlle and III England, IN tho verdics q
iuros your duty 10 youl Selves say, lei rs you u
recognise yourselves, rot oniy mbc q civ society
but children Of the "tatEcr OF an Infinite Majesty,
ard alueaable to Ills last judgment for your acts
Can any Of us then fail to feel, more fully than
can express tiat s. mpathies, Affections, asaors, s.n
mcra, prcieGices hopes, fears, feelings and rospo sb
Titles nf others than elves are bansltd at cree ard
forever enter TIE threshold Of such an inquiry
this, and return to until havo PISSED from
this threshold and with our hands our breasts and
eyes the ground can humby hope that we have done
our duty and our whole duty? Something has been sad
to yol gentlemen of tho jury OF the unwonted cicun
stance Of the prosecution; FIRST, by the learned counsel
who, many days ago. and with an mpressiveness that
| has not yet passed away from your memory,
opened on behalf Of the prisoners the course OF
this defence. Hc has said to you that tho number
Of these whose fate, for life for death, hangs
| on your verdict, is equal to your own number,
limiting ready suggestion that that dreaded responsibility
by which twelve men may sometimes shelter themselves
in weighing in the balance the life Of Single not
open to you. Gentlemen let rs Understand how .nuc Of
force and effect there in the suggestion, and hcw truly
and TO what extent the iy OF jury may be
said TO include this issue Of life and death. In the first
place you have no share or responsibility in the wisdom
the justice of thc SC laws which called upon to
administer. II there be defects in them, il they have
something of that force and severity which is ssary
for tho maintenance Of government the protection Of
and property and life on the high you have had
10 share in their enactment, and have charge at
hands their enforcement In the next place you have
rcspons bty of any kind in regard to the discretion
| OF the responsible representatives. OF this go
vernIen in the which they choose to take, to
whether they will prosecute or leave unprosecutei.
You do not within the limits Of the judicial inquiry
scned to YOU dispose o tho question why others have
not been presented to you nor may that which has been
donc in not before you serve guide for Hesub
jet Submitted to your consideration So too you have
responsibility OF any kind srning the course1
views of the law which this tribunal may give for your
guidance The Court does not make the law but Congress
does The Court declares The law as made by the govern
m'nt, ana the jury find the facts, giving scrutiny
every patient Investigation, every favor fer lfe and
every reasonable doubt to the facts the prisoners
LAYING disposed OF that duty, as sober, Intelligent anu
faithful men, graduating only your attention to the
gravity Of the inquiry, you have no further resron
that if any civilized government is to have con
troll OF the subject Of piracy, if pirates are to be
tie very nature OF the Crime involves the that its
prosecution successfully %seessary requires that con
certain that il my learned friends had found IN the cir
camstanccs OF this nothing which removed the
out Of the category Of the henous crime Of private plan
der at sea, exposing life ana limb and property, and
breaking up commercials that crme unchecked and
punished doesthey would have found nothing in the
fact that ships was brought in for trial. and
that the M hcr of that crew amounted to twelve men,
that should be pressed to the disturbance of your udg
,nent, IN ils serenity, any d!sp.son Of the case
and hying observed you new Gistul BED for
ment the fu and cool and quet possession Of your
Jatrmcnt, and in tho Performance OF your duty
during The long progress OF this interest
ing trial, let US look little into the nature
ol the crime, and into the condition OF the law.
1t must be remembered that it is the duty OF evpry civil
lied government prevent the crime Of piracy. All
civilized aud commercial counties, England and the
United states especially have punished lorgerics fauas
and offences against commerce with great severity and
could there be dangerous foe to trade than the
piraeY Mr. kvars then referred TO the high oga-
Of pardon which might inerlosed even uftcr
yicon and sentence for the crime Of robbery the
Iii lie then referred to the law respecting this
and as related to foreign born prisoners citi
Of the United States the prisoners could not be sup
posed TO have had any patriotic motive in entering into
piraca service and it idle TO mtcrpose the shield
of the doctrines of Calhoun for the protection Of these
men, and equally idle 1t to that any oppres-
svencss Of the government the inducements for the
prisoners TO take up arms. lie referred to OF the
srst treaties with this government when struggling for
Us early existence, made with respect to the crime o. pra
Cyl aso to The twenty first article Of the made be-
tween the United States and his most Christian Majesty
the 26h February 1IaS to be found III the eighth
volume Of the Statutes at arge also the eaty with the
Ang OF the Netherlands made in 1872 both Of which pro
hibited private war against those countries their
allies He reviewed the OF nations ana the conse-
quesceS resisting from tho scourgc Of and the righe
Of applicable to this uDhapily divided country. Tho
laws Of recognise country good as another
whether England Russia, Austria, the little repub
lie Of sodcia, or Of South America stand equal in the
rights oi In is the cndeavor each side TO
do much injury to the other IL can Othel
nations generally stand still unless cruetics
have hean ted and fhpnt he