The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-11-05

cNiiEp SrAIf5 CiHCutT COURT.
Hon. Judge Nelson presiding
Nov. 4-This morning the following gentlemen war.
sworn on the grand nquest--
Benjamin c. Wandell, Fore George r. Oliphant
man. John II. Reid
Andrew Anderson, George NJ Raw
Robert Page, John q. q. Reynolds,
Albert Canhed, Edward Schell,
VIM. Calender, James A. Suydam,
John Ienham VIM. Tucker,
Charles N. Fearing, james NJ. Taylor,
Joshua J. Henry, Jacob Vandcrpool,
Edward N lngoldsby, Thomas l.. Van Ordcn,
Johh H. Lawrence Alexander r. Walsh,
George d. Nichols, Evan j. Walker.
Judge Nelson then proceeded to charge them as
follows
mna cases put into my hands by the United states Dis
trct Attorney to BIO submitted you there are six upon
charges Of robbery and piracy under the
OF l7S0 and lS2OAbet g. Hudgins and four Others Of
tho privateer SUMTER and James Miner Of the pryater
Jefferson Davis The eighth section the act Of 1900 de-
clares that If any person upon the high shall
murder or robbery, any other offence which il IN
mted within the body Of county would by the laws az
the United States be punishable with death such Offender
snaii DO deemed TO be pirate and fcon and on con.
vction Shall suffer DEATH And the ninth section If any
citizen shall commit any piracy robbery as aforesaid
or any act OF hostility against the United States any
citizen thereof upon the high seas under color OF any
commission from any foreign prince or State or on pre-
tenee Of authority from any person. such onier shall
be deemed pirate elon and robber and conviction
sha suffer death. The third section of the act Of 1890
declares that II any person shall upon the high seas &C.
commit the crime Of robbery upon any ship or
Sell or upon any ships company Of any ship vessel or
upon the adng thereof such person shall be adudged
pirate, and, on conviction, shall suffer death. The
crime OF robbery or piracy under these acts
consists in this:-The felonious taking Of the
goods or property Of another The high against his
will by violence or putting him i'll bodily fear by "fe-
ionious taking" is meant taking with wrongful In
tent to appropriate the goods Of another The cases
usually arising under these acts consist in the commits
sion of the crime by partsaps in armed vessels III on
American unarmed ships vessels on the high seas by
taking forcibe possession of them aud Of the cargo and
approWiatDg them to their own use, or for gain The
nnft
crimes WREN committed by citizens Of the United
States and distinguishes them from the In which
they arc committed by foreigners, by excluding the de-
fence set up of an authority commission from n
foreign nation. BY rule of international law in case Of
war existing between this government and foreign
naton and capture OF vessels the high by
private armed vessel OF the enemy, commission from
his government would be protection against the charge
of robbery piracy, in our own courts The ninth
section cuts oil this defence in of a citizen engaging
in that service against his country There also
charges in the list Of the District Attorney against Eras
tus H. Booth. master Of the bark Buckeye for piracy
under the fourth and fifth sections OF the 1920 for
having been engaged in the slave trade; also against
John Turner and others, Of the ship Falmouth
for voluntarily serving board vessel engaged
in this trade which under the twenty second and
third section of the act of 1900 and against Albert Horn
for fitting out the brig Sgne and Antonio Rose for fitting
out the brig Falmouth for the slave trade which come
under the second and third sections of the act of
1878 The fourth section OF the act Of 1920 declares that
any citizen OF the United States of the of any foreign
ship engaged in the slave trade. any person of the
Of ship owned, in whole in part navigated
LOT OF Dena CITIZEN OF tie states, shall
land from such ship and any foreign Shore seize any
negro mulato, Sc. with intent to make him her a
siave or shall decoy forciby bring receive him
her board any such ship with the intent aforesaid
such citizen or person shall be adjudged a pirate
and conviction, shall suffer death. The fifth Sec
ton the penalty for forcibly combining or
OBTAINING such persons board the vessel with the in
tent to make them slaves in aiding assisting in
doing, or IN the attempt to sell them as slaves the
landing of them shore from board the vessel with
intent to make sale OF them as slaves The act Of 1900
makes crime to voluntarily board of Of
the vessels engaged in the trade punishable by fine
and Imprisonment fine not exceeding two thousand
dollars, and Imprisonment not exceeding two years Tie
third section Of the act Of 1878 prohibits the
building, fitting out, equippng loading, or other
wise preparing or sending away any ship
vessels at any port within tho jurisdiction OF the United
States for the purpose Of procuring negro or mulao
person OF color from any foreign Kingdom, place
country TO be transported to any port place what
ever, to be held, sold otherwise dsp scd Of slaves
and, conviction of the offence the person is punish
able by Imprisonment for the term OF not exceeding seven
years nor less than three. From the number Of
on the District Attorneys list Of charges for violation Of
the acts OF Congress against the slave trade 1t would
seem that the crime was increasing in this country, in
stead Of diminishing. 1t is satisfaction, however,
that the evidence tlrs furnished Of the apparent
crease Of the crime shows a vigilance. and
energy on the part Of the public authorities to
detect and bring to punishment the offenders The offence
against these laws is among the most atrociots the
statute book, and should be inquired into by your
body with patience and perseverance from which no
person persons escape who may be guilty within
the limits Of your jurisdiction. The duty and the power
Of cxtrpating the offence far your great city may
implicated belong rest good degree
the Grand Jury who constitute the grand inquest Of the
city and county, respects crimes against the laws Of
the United States The remaining offences to be inquired
into, submitted by the District Attorney Of less
magnitude but of frequent and deserve
particular attention They larcenies upon the
high seas-endeayors make revolt-asaults with dan
gerous weapons On board American vesscs-purloning
letters from the Post Office, and the embezzement of
nons of which is made punishable under the act
of 1890 The unhappy condition Of country arising
Of the unnatural struggle Of portion of the Union
throw their government has created relations among
and imposed duties upon the citizens and which have
brought operation crimes and guilt that to the great
credit of the country have heretofore been indeed
may say, almost unknown to her laws and Judicial tr
bunas refer to the crime of treason against the United
States Although this description has pre-
sented by the District Attorney TO be specially submitted
YOU il may not he out of place call your attention.
in general way to the elements constituting this offence
1t is the highest crime known to society and deemed
by the founders Of your government of such Importance
both in respect 10 the and the citizen that
they specially defined it in the thus ing
out Of the power Of legislative regulation The definition
found in the third section of the third article follows
Treason against the United States shall consist only
levying war against them, in adhering to their enc
miles, giving them aid and comfort. No person shall be
convicted OF treason unless the testimony of wit
ncsscs to the same overt act, confession open
court" The power to annex the punishment left
Congress which annexed the penalty of DEATH This def
pition Of the crime taken from the rs Ed
ward Ill., OF England and which has been several times
rcarmed for the purpose OF correcting abuses that had
grown up in that Kingdom in respect to the law both by
acts Of Parliament and the decision Of courts under the
yrannca reiens of the Tudors and the Suarts Those
mont and doubtless led to the peculiar phraseology OBJ
servablc in their definition of the crime namelytha it
should consist only in evyng against the United
States or adhcring to their enemies, giving them aid
and comfort and to the other equally stringent fea-
ture that person shall be convicted Of the offence
except the testimony Of two witnesses the same
overt act The first prohibits Congress from making
any other acts Of the citizen than these specified
treason and the second prevents the introduction Of
s,ructive treasons, which had been engrafted upon
this statute of Edward ILL., by judicial decisions
Under the first clause Of the provision-lcvying war
against the United Staesthere be great difficulty
in determining the facts and circumstances which estab
lsh the crime There maq1aD on actual evyng Of war ;
consultation or conspra 49, is not an overt act
within the constitutional dcfni00h. There is dhi-
Guilty in determining what constitutes the overt act
under the second cause-namey adhefng to the enemy,
giving him aid and comfort Questions arising under this
clause must depend very much upon the facts and circum
stances of each particular There acts of
the citizen in his relations with the enemy which leave
room for doubtsuch giving intelligence with intent
to aid him in his act of hostility sending him provisions
or money; furnishing arms, or troops, or munitions
OF war; surrcndering military post, &c, all with
like intent, These and kindred facts acts of
treason, by adhering to the enemy. Words oral writ
ten printed, however reasonable, sedtious crmi
nal of themselves do not constitute of rea
within the definition Of the crime. When spoken,
written printed in relation to act acts which if
committed with reasonable design, might constitute
s1.A H.