The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-27
THE CASE or THE rRisaTEERsMEH.
Irial or Captain Baker and the Rebel
Crew Of the savannah.
UNITED STATES CIRCUIT COURT.
Hon. Judges Nelson and Shpman presiding.

FOURTH DAY.
Der 2d-Th< tied States Thomas Harrison Bds5
ana Taeloe o ne Crec Of the Pyieaeey yasaaaahEvery
portion Of tho court room s morning bad its occupant
long before tho proceedings were commenced
Ar. Laroolue resumed the reading Of the several au
thories on which the defence depended The opinion OF
MI Justice johnston Wheaton 800; lfth of Howard
opinion OF Mr. Justice Mclean upitea States vs. Booth
inc tederais No. page 1896 the same, No AZ, pages
I'D and 22o He also read from tns American State pa
pefs, VOL 81, page g. passed 23d April, 1859; rcsou.
'iohs sent to Congress by President Madison, Ia
June, 1913; proceedings in tho legislature Of
Now York tho Modification ordinances; the
message of President Buchanan in 1900 the proceedings
relating to treason IN the Madison papersournal OF the
convention, page 221 1t probable no would be met
on the part Of the prosecution by reference
~ OF article Of the constitution forbidding States TO
enter into any treaty alliance confederation issuing
letters Of marque, &C. This he conended did not
met with but on the contrary, strengthened the views
he had submitted.
Tho United States District Attorney, NJ r. DelaGcld
smith, toa on the part OF the prosecution read tho
charge OF Judge Grier in the of VIM. smith
ana convicted as pirate in the court at Philadelphia
Friday
Mr. Brady asked what question Of fact Judge drler LEI,
to tho juryr
Mr. Smith referred Mr. Brady to the charge of Judgs
Cadwaiader the Associate judge Of Mr. Justice GRIEF
which is much longer.
Mr. Brady SAID Grier was very able man, yet
ITO INT b. would Ike To know what questions OF Fact
were left to the Jury.
Mr. sullivan offered in evidence tho logbock which was
found on board the savannah. 1t objected TO by
the prosecution
Mr. Mayer ono of tho counsel for the defence rose as
foreign bora citizen TO offer som few proportions on be
nan OF eight men who admitted TO be Foreigners. lie
cited various authorizes and contcnded with much force
tas these foreigners were Gnenahe TO the laws of tho
United States for tho offence charged In conclusion Mr.
Mayer submitted that, as to tho defendants who
shown to have been citizens of foreign states at the date
o. the alleged oeice The Jaw Is that they cannot be found
guilty Of piracy under tae present indictment, which
includes only piracy by municipal law--the ignorance
Of which, as foreigners Is not igaorGDid fs but igno
,a,a 5as Therefore the defendant Clark and the olher
foreigners should be acquitted. e would, however, say
thai Ia conversation with his client, he (dcienianO
made use Ct German pro>erb which being translated
means-we bad acted togetherwe have been caught To-
geiher and we shah hang together. He hoped that there
would be ba, verdict for The Whole Of the accused,
and thgt That should be verdict OF acquittai.
Mr. Brady said that before Mr. warts proceeded to
repy 10 the law The case he would state that he world
moi admit that Congress had power TO pass the nin sec
ton OF thr act OF 1890 respecting the law OF piracy.
Mr. Evars did not deem it Necessary to occupy much
time IN submitting Interpretations of law upon which the
government rely lie woad first ask the attention Of the
Court 10 The question Of iurisdcion which is not AT all
connected with The question OF the crime charged. The
crime complained Of is which has no locality in tho
territorial lrsdctoa Of the United States. He coutcnded
That y was wholly for the government 10 determine
by which Of IFS courts in tae Union. principle Of
us own convenepce the case should he tried II is not
for tho defendant 10 select; IA the eye Oh the law tho
Judges are alike and the districts alike. He
referred 10 the fourteenth section OF the crimes
net as 70 tho question Of jarsdct!on.--
Court, anG the adjudication OF the judges the question
ofjnrisdc'ion, though DO CIcks) arrested in Prov
dcnee, Rhode Island, and was Induced, without legal
process, 10 accompany tie oiiccrs 10 ibis district
Mr. Evarts here read Judge Nelson's opinion on tho
Jurisdiction VI the Court IN the % Hicks.i He
ierred To the tird volume Of tho Satntes Respecting the
crme o piracy. He read the Instructions gNea u armed
vessels 81 10 arrest IN cases 81 the slave trade In
page 81 Of the statutes woaid be lopd the case di;e
the commanders OF armed vessels to such
traders and to bring them to port 10 DO disposed OF by
the authorities.
Judge Ncson--Then there is no limitation?
Mr. EvltsNo sir lie submitted hat neither under
tho slave trade az, or that for the suppression Of piracy
the alternative does not depend upon the apprehension
withina particular district, milking district within
which they may be first brought district under gov
einmenal control Mr warts read from tho charge Of
Judge Grer 10 the jury in the case against Smith, recent
y tired IN Philadelphia, III which thai justice held that
the prisoner though arrested in another district,
amoaabe to the Circuit Court OF PHILADELPHIA Mr..
Evarts continued al considerable icaglh to argue
upon the jurisdiction %. this court, ctel yar-
authorities and then precsedcd TO say My learned
friends have spoken Of prvateerng rs II il Of
the recognized regpar suitable public methods OF carry
ing hostilties between nations and that it falls within
the general protection tae general dignity which
makes conbaants in the hei sighting public enemies,
and against public cBeuies ameunhe only to the laws Of
war. and my learned frend, Ar. Lord, has read
with much satisfaction the very pointed observations
made by Mr. Marcy III his letter 70 the French Minister,
whici, were very just and very appropriate home
Argument against France that is tho cncomums Of Ger
tain French commanders the dignity and nobility Of
the conduct Of pvatcers who rushed TO the aid Of their
country al war Now, my view, and believe the view
q the law books and Of tho abcsts Of the present day
Is this that fipateerng Is the last relic Of the carly and
barbarons notions Of war, that TRIAL of force between
nations involved rishtfal exercise Of personal hos
tihty by every individual OF one nation against
every individual Of The other, ard against every
portion of the property Of the other Tina.
law OF war which althoriaes the attack on peaceful
persons by armed bands land, and tic robbery
devastation and destruction pirate property wherever
may found h,s been long displaced BY those
v. y q ntln
SENSE and by Jaacous attempts NJ icast 10 make
appeal when there il other arbiter 10 the strength
Of tho parties, to be determined with little injury
property and life possible Now prvateers never
been looked upon being themselves entitled the least
comparison with the regularly enrolled military power
or with the regular naval SERVICE ID respect ~ their
ves The general rules of their conduct, II, general
eject which their depredat!ons were expected 10 pro
dnce, and the tendency Of ali movements 81 the public
laws ri nations Affecting the maintenance ~ has
been at least discourage and 10 extrpatr Il possible
tins private sea- in both It's forns-o W.T. N the
FORM Of public armed vessels taking private and
peaceabie property On sea. and in the form Of this Sill
aggravated mode Of allowing private armed vessels
With collected iO the parpQsesr gain and plumber,
undei the ieeb'e keh wa7 may ave AMI aoilr from
this government havirg the general nfacples moral
and social, which should govern such Discussion 90.
sired to maintain extend privatrcrug il Inns been
among the first and the earliest concode rs treaties
aud 10 gain tronrihe Other contracting parties The
that should arise between these parties ~ The
treaty priVafrefs should be commissioned or tolerated
on neither SIDE Aud II this government mas Jailed 10
yield 70 the attempt made On the part Of certain Euro
an Powers 10 crush this single branch of private
ii tie ocean, TO wit--war by private parties the
oceani has only been because that that design
not including e destruction OF tina. other branch pr
vae war at seatte war OF public vessels against private
property--was design clearly stimulated by the
PURPOSES and interests of humanity While the EUropcan
governments chose to destroy that branch which
LEAST iinportabt-thc Of private armed
yessels--,hey claimed to continue in full force
the right or public armed vessels to make
IMPRESSIONS private property on overy sen
The point quite important have aincorated
rs Inc other winch pefias us to taoruit the small navy