New-York daily tribune., 1861-10-30

mas f'eo W declare blockade Of the otherv posts
There are no Courts to lay down the lsw a
nations only 30 far as they NAV adont sh.s.
for their guidance. 1t is q part of ~.
law of nations that any nation ENGAGED in war
fit ont privateers. 1.-two nations went TO war thex
could ~ out priyateers, and the men engaged IN
privateel5ng would not be regarded as pirates Bus
when privNte diseonents in nation assume the DO
sion of se parate nation and makes warlike demo>
strations agaiost the parent Government other ua-
tions may regard them az begerents or not, but n
must be by the action Of the Governments and nos
by the Courts. Mr.. Evarts illustrated this position
at some length by reference to history Now, IL tho
Court please, propose to the Court, IN conformity
with the views have heretofore presented, that ths
law Of the land is 10 determine whether this crime
OF piracy has been committed, mbject only to the
province Of the Jury; and, secondly, that on all the
questions which are invoked to qualify the public
relations Of the hostile parties in this controversy
the attitude Of this Government toward these con-
tending parties is the attitude which the Court mus1
necessarily hold to them. There has been an ap-
parent difference of opinion by the opposing counsel
10 regard to the 9th section OF the crimes act which
has been cited but Whatever opinion may be enter.
tanned on that subject, 1t Is clear that there are
crimes which are in their nature hostile, committed
upon vessel at sea, that would not be piracy, and
yet are punishable under the 9th section. / do
not care whether the Government. when they
passed this section, thought that such state ok
facts as exists to-day would ever arise or not.
Ii the new relations which have arisen bring this
within the purview of this section, it Is suf-
fcient for the purposes of this trial We do not ro-
cognize the Confederate Government as State, anA
we must aver that this commission comes merely
from an individual. As TO the right Of Congress 70
include additional crime regarding the law Of no
tions, refer your Honors to the 9TH Of Wheaton,
page 202 which will read. Mr. Evarts read tbs
extract, as also another from the Opinions OF tho
Attorney 1eras. relating TO the case of the In
vincible delivered by Mr.. Butler in 1886. The effect
Of this opinion that the condition of belgerency
Will not save citizens from the charge OF piracy
when they are engaged In foreign vessels whOss
governments are at war with this country. now
come TO the confederation Of the political theory or
views which these prisoners sought to be pro-
tected against the penalties Of this law, and which
but for this protection would be visited upon them
One is that they are privateers; but Ihave shown
to you that, to be prvateers, they must come from
independent or an lnclplent nation. Anotnex
proposition goes quite beyond even the region Oh
law and they place themselves upon this propo.
sition that whatever may be the law, and
whatever the extent Of the fact in either OF thess
particulars, about the independence Of that nstio.
or the state of war, that these prisoners IN good
faith believed that they were fighting againss
the United States Government. We know THAI
military contest commenced and is now proceeding
not where two portions of the country are contead-
ing TO revive the Government, but where the Gov
ernnelt ia intact without any disturbance or deiec~
tion Of its army it's navy, without any retreat On
it's part from the general affairs OF the naion or over
the high seas, except just so lar as military conre
has repealed the laws OF our Government. Thm
must be conceded. And am prepared to concede
that they do show contest OF the nation sgainss
warlike array with the number and strength OF an
armed struggle. understand aud believe tbat iof
certain purposes and conditions Of law ii s the duty
of Government 10 exert the power and the force OF
war in its protection and maintenance; to reduce
rebellion which seeks to overthrow this Goyernmenti
that in doing 40 il may resort to wsrnAe oiockaaet
and that having done this, 1t has night IN ZIG courts
L. III IL ii
deny that when civil dissenson comes to the dig-
nifty Of war; good requires Us 10 recognize IN
warlike manner. War, ss distinguished IRON
peace, Is where on both sides the means are
used for the preservation Of the country. Tins
| is a war in which the Government recognizes
no right in the persons with whom II y
contending. Every one who gives eountenance or
support 10 this rebellion is traitor to his Govern
msnt matter Of law. The plea mace oy theso
prisoners Is merely impuation in their treason.
| To say that person who has acted as rebel can
not be indicted assassin or as pirate, because
be committed the piracy under cover OF his COM
mission, is to nay mind against all law ana Justice
Treason 10 not defense against piracy, nor good
faith in treason defense against treason or sgains
piracy. Our statute is made for the purpose OF pro-
tectng our Government from attempts made In good
faith or in bad faith. Look at the conduct OF the
Government. Government, II is SAID, does not de-
sire conviction should not oesire IT. GoverDnens
does not desire the blood OF any ofs misguided people,
The Government should have no passion, no animos-
ity in this case or ia any other AT this time,
after an interval of four months from the arrests We
are here trying this case and yet my learned irends
now complain against the mercy OF tne uoveIlusns
and its Justice that il does bring any prosecution
at all. II the Government had undertaken 70
ask for delay there would have been no iaets 10 sus
tain it. Now, gentlemen, approach a part OF this
discussion which, confess, would gladly pass oy.
have not the least objection to the privilege or lns
supposed duty Of counsel in defending persons on
grave charge to introduce arguments from varied
sources Bat the introduction into Court OF con-
sideratons based upon the course OF po.ies the oe
casons Of strife within the region OF politics, seems
to be as little inviting and as little instrucus as
,s nnnsnsl In forensic discussion Certainly, gen.
tlemen we must set some starting point, somewhere
in the stability Of human affairs, a. they arc IA.
trusted TO the control of human Governments. Dus
| in the very persistent ana resolute Nie"s Ol .ns
| learned counsel upon these points-frst, upon tos
right of Secession as constitutional second, II 1o'
constitutional, as being supposed py sony,;
constitutional; next, upon the night OF iesosu'i1n
existing on the part of people cPpesse, ,o.sI o u
ing themselves oppressed. 10 try tne.r ,srenseh
! oro,tbroyvin0 the existing Government; thrd, IN
;b, 20 nress tbsir discomfort even TO clyll war; =
lat thai whoever thinks a Government oppre!s
rim o. thinks a better Government would SUIT
case has not only the right 10 try the venture,
that il unsuccessful, at any stage his eiiorpes
comes complete, that the Government musvn
should surrender at once under every attempt
eaujyalent TO the assertion that the TiH
revolution in substance and III tset Univ
the right, in the first place, and the auv
of the Government, in the second 'h'eo.
10 submit 10 the Revolutioust, ami treat him nav
inc oyerthrown it. In point of law, that is posl.
ton that cannot understand. Mr.. Evarts ,ewsa -
hese subjects at great length, including ref S
the treaties with France and the Netherlas. =,
United States OF America was always corr -
treaties of alliance Ne naIiOn made up y ~ nay
difiersntsStatee. The principle of tue csrIhneH h.H
"a that il acts directly upon the citizennu nou,e
have its power of issuing mandates thrsu sos
d,narv channsls of Justice for its ow'pio'eN'ou.