New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-29
Trial or TIE PRIHATEERsMEM
UNITED STATES CIRCUIT COURT-ocr 2G-B.ioT,
Judges NELsus and EHiFpis
TIE UEFEksE.

UNITED STATES CIRCUIT COURT-OCT. 2G.-B.ioT,
Judges HkLsos and sHiFEIs.
The DEfEksR.
The Court met at II O'Clock. The courtroom wss
crowded, IN on former OCCASIONS.
Mr.. Dukes addressed the Court for the defense.
lie began by saying that II had been raid by mos
eminent statesman that civil oorrups the inoralf
of people, and perve1s theiF natural taste and
relish for equity and justice II thu be 20, this WA
I'D unfortunate time Tor the Government TO bring on
the trial the bar the prisoners were entitled to
that rigbt offered the meBneet Citizen-ihst OF
fair and impartial irinl IL IL to obtain fair and
impartial tiial that this care II brought on now,
when, on Gods holy day, and IN his holy tenples,
his chosen ministers, unmindiul Of The inJunc-
tions of their meek Ind lUVly master, Oier
up supplcaiions OF vengeance on the heads OF their
enemies. This Trial IL new thing. This very
question years agoths proptIeiy OF trying men cit
uaIed as there men ar-was brought before Tue
mind OF thai literal snd enlightened setesmaD, I'd
mund Burke tbe lO0g.tIled and faithful fIitnd Of
Ameri H. aud / trust ! may be pardoned for
reading from his words Mr.. Dukes read
an extract RON the writings oil Burke
read il because II 10 the testimony oi one eInInehy
wi.e ard ust, and because ] think they are hiter
u 40 ANY reuiaI ks ] or any could make IN this
whiIl OF excitement. Piracy has been dehued 10y
tire eminent COUNSEL The 9th secllon 81 The law o
1890 calls il piracy, by the International l'w, ana
the 9Th section defines statutory pnicy. oDicTs
ou The STU beca t applies Ia Tie citizens Of ths
United saies Light vi these pr sOuess come nn.ef
the 9Th section, and capuOt Do con'ieteb ibe OtirI
tour cont under the ytb or siaiuiofy nccH0i. lhe
council argued Saturday that II whh MOI TIE
aHiBus tDraAdi lch the CharaoteTisilc OF ttit
crime. We contend that " Il preclsely this whlch
constitutes the crime; IL j. beegus' II n not ior DIS
ov ende and purposes that constitutes the difference
between pfivsteering and piracy. lie who goes by
the uihOiiy of his nation erIned by The power OF
Ia. mi 10 ~
tivn cannot be termed pirate. The taking on the
PAR VI the vateer, IS not for himself, but for N.
State: the title ~ III the Statei and although the
trize may have been earned by biz blood, yet The
S,ste has a riQbt 20 ciim il. No exce,e be pun
ised as piracy aud in England il been held that
here the taking is felony, yet the party shall not
he charged with piracy. In time Of hostility, The
price do not belong 10 one vessel, Du'
1 Inc Whole marine II enriched by ihem'
Toere l. another thing which prevents these parties
to-, HING convicted Of piracy IL ia state 81 an
mirv between large bodies between eommuhllier'
TIM rule has been carried 80 ar N to protect tue '
izop who qoee upon the ocean and ,ez.s me prop
e,t, OF the enemy Such acts ere not piracy unie,t
committed in times OF peace Inc biookhoe OF tlei
,o,is the contiscaion vi their property, the pToea
eo of the President the arrest Of citizens return
inV from EaJope-these all serve hs pio'ecuon y
he orioners, they nie regarded o. encmies ~ II
nsels.s 10 attempt 10 ssn the fact that there Is war
twe cannot enact war and all the CONDITIONS OF war
and refuse TO call il war. IL ID impossioe tut 'Hi'
Government TO do otherwise, justly, tnan 10 ae'
Knowledge tIi. 10 Do q The status OF enrniy
T. sntt ently xed 20 protect the piiscnsn Has ths
nir,,ie a nation He has nonei he IL an outlaw oy'
cry where because h. preys upon the properly OF al
ns,inns. II does not Ieed thai tho Dntion sbal be
recognized one; !, mny be- Il colony and the conn
try has established the prindie ~ Ine esse VI
Sontb American Province. The natiens OF Tue earn
recon;zed lie principle In the Of ts country o.
the time ofthe Revolution. Ifthe principle was gooo
in sonth American Province, tbikitis good IN tlt
case OF ten powerful States. II the commission o.
government DE Jaeto is bar 70 ireasoI, salas
much less. We say this Government lie bound 70 re
gard these parties belgerents Tue prisoners tasei
with Com. Barron were pronounced PRISONERS OF war
sind the Cioyornmeut has never oisavowed tho act
Tie principles OF international law are low pa. y
the law Of the land, and AIN sorry 10 s.nA uu
shoud be any departure from them, ~ 'nei' "S"''