New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-28

barbarous D,iions Of war; that trial Of force De-.
tween pa'i,no involved O riehthl exercise Of per-
sonar Hostility by every indIe iooal Of one nation
agaihs' every individual of ID. oher, and against
every portion " the property Of the other. Ibh
Ia" Oh war Which authorizes ire attack on peaceful
persons by aspIed bands on land aid the robbery,
oeNa hl0n and destruction ii private property
wherever il may be found has been long since dir
pitei by Vlose very principles Of humanity, of nee
ess,y, Oh common sense, and by jud,ious attempts
a. leis'; 10 maxi war an appeal, when there Is no
o'her a'hter, 70 The strength Of the PARTIES 10 be
deter"'eed with % little injury to properly and lilc
as pGFsl6le Now priyalecrs nave never been
looksf upon az being themselves entitled to
The least comparison with tine regularly en-
roEed military power, or with tie regular
hs'al service IN respect to Their motiyef.
And so lar from THE Government having. on tie
general principles moral and social. which ould
govern such discussion, d,iled 10 naint sm , ex-
tend pryaleeriDg, IT has been among The Gn anu
the earliest TO concede in is treaties, and 10 gain
from me o'her contracting parties the conet ion
that If war should ai,e between these partest the
treaty, Wivateers should be commissioned or to-
Grated on neither side And il this Goyernmt at has
failed TO yield TO tie attempt nade on the All OF
certain European Powers TO crush this single brunch
oil private war on the ocean, 10 wit-war by private
parties on the Ocean-it has OILY been because II saw
that thai oesgn lot including Tie destruction of that
other branch of private war a tea-ihe war OF
public vessels against private proYerty--was lot a
uesigB clearly stimulated by the purposes ard in
ieress OF humanity. Willie the European Govern.
men,s chose 10 destroy that branch which was least
importani-the use OF private armed veesels--they
claimed to continue in full force the right of public
armed vessels TO make aggTessions ON private
property on every tea. The one point was quite as
important 20 have ameliorated az the otter, which
permits us orecruit the small navy which eur repub
lean institutions justify US IN maintaining by the
Nigor Of our mercantile marine in the tine II naval
sIav HI & n.
country which can in least support the ida that
we look with favor on tie notion of p'ivateering.
In regard 10 the question Of the recognition q the
indel eudcnce Of the Southern Coniederacy by this
Government, Mr.. Eyarts argued that, az mattT OF
law, the courts were bound to follow the coura OF
the Government under which they serve; the oouts
must be dependant upon and subordinate to tho views
Of the Government from which they derive their 81
thOity. No Judicial tribunal has light 10 recog-
nize a nation OF its own motion Whenever there
arite between colonies and the parent government,
between dIsaileced regions and the sovereignty TO
which they have been fublect, dssensioDs which,
emerging IRON the regions Of discomfort, sedition,
Turbulence, and disorder, rise 10 the proportions OF
military conflicts and appeals 10 arns, then, when
acts III the nature OF war assume 20 be performed
under circumstances which bnug them within the
judicial coenizsnce in onT courts as to war, they still
retain their qualify Of private actt and crimes. When
the nation il an independent nation all the other ma
tions bound 10 recognize il and its right to make
war; tie greatest nation has more right 10 make
war than the smallest. But when new, unsorned
and inchoate tenitives present themselves each na-
ton by the public law, has a nigh, 10 exercise i,s
own wisdom It's own sense Of justice, whether no
it will recognize 1t. | need not say To your Honor
that our Government bhs determined that there phi
vateers shall be treated pirates; / need not say
that Government has pronounced tlis piracy, and
That our Government has pronounced tfB piracy, anu
not as coming within the law OF nations. Ii is sad
that outside Of this occasion all the political
and legal qualifications Of this act which we
say is criminal the circumstances, aCiEd and moral,
which surround these acton, and showing by their
acts to have qualified their purpose snc INTENT have
deprived these acts Of the criminal intent which our
statute alixes to them; aid 1t Is expressed win
more or lees certainty and distIncine-s, that II III
good faith they thought there was government nm
der which they were acting and thai u was right
fu government their good NTH gave them tie night
TO despoi the American merchant Of his property
All his preteufe all this show, OF political and legal
support qualify ing their acs, come from men which
our Constitution pronounocs IN the category Of ont
laws and trAitors IL Is but another form Il saying
that criminals joining hand 10 hand shall 20 I'M
punished.
MIR. Evarts occupied about three and a half hours
in the elaboration 81 bic point, at the conclnson oi
which the court adjourned ull to-day AT II clpcki
"A