The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1861-11-15
The Trial eff the Priya,eersmeu In New
York.

the 10Th of Octot =, in the trial of Captain
Baker and the crew Of the Savannah Mr.
James T. Brady resumed his argument by re-
ferrirg to the opinion of Alexander Hamilton,
TO be found in Bancroft's History of the
United States pages 2I3 III d 233 also, to the
language of John Adams, to be found in the
same book. He read the following very
striking passage from n speech made in the
House Of Representatives in lSis:
Any people anyv here being inclined and hay-
ing the power have right TO rise up and shaae
of the existing Cover nment and form new
cna that suits them better. This is a most
valuable, sacred right right which, We be
hefe, is to liberatc the world. Nor IS this
right confined 10 cases in which the whole
people OF Az existing Government may choose
10 exercise it, Any portion of such peope
that can may revolntioniZe, and make their
own OF so much of the territory as they in
habit. More than this, a majority OF any
portion of such people may revoIutionIz.,
putting Gown minority in intermingied w:th
or near about them, who may oppose their
movements. 1t is quality OF revolution not
20 go by ola lines or old laws, but 10 break up
both and make new ones"
Now, the Jury might think that these were
the sentimeA is Of ,, cess onist-of J, II Eayis
NO; these were from Il speech delivered by
AbrahaIn Lincoln i'll the Fl Iuse of EppreEen-
| tatives oa the l2Lh OF January, ls4s Counsel
referred to Wheaton 5 international Law 10
Il,
anthoT1tPs, ana contehded hat the eight
foreigners should be left out or the case alto
gether; -nd il the Government of JEFF Dn Wis
is foreign power, then the other prisoners
are CitlZenS of Il fDreigu STATE, and nOl ameaa-
bic 10 the laws of the United States.
TO convict OF piracy there must have been
violence Gsed or the employment OF some
means TO put the captain OF the Joseph in
fear, and III this case there was no rlo.enue
or threats proved. He then spike of the
question OF variance as to the autnoriiy Of
Jefferson faFiS 10 grant the com mission TO
Captain Baker lie referred 10 the United
States against trrimsn in l3,h P-tnrs
where the prisoners were insicted foI Sealing
Treasury note for So, bearing one per
cent. Ill terest bat it Was found that il vas 10
bear one mill per cent: objection was taken
and the Court held that the variance was =
ttl. 80 Is TINS case, he Mr.. Brddyt con-
tended that the Indictment designating Tie
commission az having been issued by ore
Jefferson Davis, without stating III II he
Claimed TO be President OF the Conf-Garat.
states, was Il variance, and fatal. II the tioy-
ernInrnt made war on the South, us The de-
fence cUEi"nus il did. by The ats Of Mr. Lila
| coin, the South had 4 perfect right to defend
heIs-if-lo arm vessels and grant letter, Of
| Iaafqhe, ana TO oppose force to force. Il ftcr
| some further argument Mr.. Brady concluded
| oy say ing Gen tiemen, will deIuin YOU hut
| A feW mO!nent longer. / have en- deav vored i,
snow, III the first place, that these men can
net BE- convicted OF piracy, because they had
| not the III tent to steal esspntia! to the com
mission OF that offence, and that you ara the
judges W neither tn2t intent did or did not
! exist. II ii did not, then these men are auti-
| tied 10 a"QEittai on that ground.
| II the act OF l7&0 be constitutional and if
| it can be construed 10 extend to :. case like
TINS, then eight OF the prisoners are To l,a di--
charged and the other four also, the other
! four having acted under a commission issued
| III good faith by Il Government which claim
| ed the right to have existence dctai u,ou in
| good faith by themselves, and with the be
| lief that hey we've not committing any law
| less act Of aggression. In this come xion, |
! hold II 70 he imT ateTi II whether the Confed
| e:;: te Government was one of right. estai-
| lished ON sufficient authority according 10
| the laws of nations, and TO be recognized as
| Such, CT Wh&ther IT was merely a Govern.
| menl in fact. Now, then, we claim, beyouG
| AL thdt, and apart from the question of Gov
| ernment IN law or Government Ill fact that
| there exists = state of civil war which enti-
| ties these defendants to Be treated in every
| other manner than rs pirates, which yoaY
! have rendered them am2naple to the dan :
| ger oI being regarded as prisoners OF war,
| ont when has made il impossible foI
! them - be ever dealt with as felCns.
/ NOW, l am sorry tha. II hes become necessary
| in this discussion 20 open questions for de-
| bate, any inquiry about which at this par.
ucular JunctuTe in our history is not lIIseI '
| TO be attended with any great adyantage-
But, ike my brethren fer the defence, [ has t
eateaVOred 10 state freely, fearlessiy frankly
| and correctly the positions on X Inch the de
| PENDANTS nave right to rely before tht
| court ana before you. Il would have bee Il
much more acceptable 10 rlY te- IincS rs
| citiZ"n if We hSd ben spared he ertorTn-
aHCe Of any such duty. But, gentlemen, it i.
not our fault The advocate Is of very LITTLE
! Use in the days Of prosperity AID peacs--i:
| the periods OF Ttp0SP, in protecting your prop
| eTty or aiding yuG - recOy ser your rights of :
! civi! natore. Il Is only when public opinion
/ or jle strong power OF Gov iTnant, the for
| mjdahie array OF Iahuence, the force OF 4 na.
! ton or the fury OF q multitude, IS Girectec
| against you, that he advocate is of any use
| MtEy years ago, while we were Yet colonies
| of Great Britain, there occurred on thi;
island whit is known as the famous negro in
| surrecti0n-lhe result q i,u Idle story, 1oId b;
| 3 W0r ;hleSs person, and yet leading TO sucl
| an .uiiamnation Of the pu bic uind that 4 :.
| the lawyers who then pTsc Used 1T the bar O
| New York and It IS the greatest stigma Oh
| on profession OF hich the world can fur.
nisiI an cXanpie} refused tD defend the > C.
| cUsed parties. One Of them was Il poor prizes
| OF, l believe, foreign origin. The conse
! 4Teuce was that numerous convictions tool
| place, ard 4 great n any executions Aud We
all mankind i. perfectly saJ s1i-d that there
| never was a more nutOnnded ruInor-never q
| more idle tale--aud thar judicial murder.
| were perqetrate1 ou the face Of the earth
| more intoirrahe, more ineXcus. bic, more
without palii3tiCn, than the act to which .
| refer. Eow different was II at Boston, at the
| time OF what was called the massacre of ~ as
| SachuSeLts subjects by BRUSH forces TIL.
| soldiers, on beng indicted, SOUGHT for ceun-
| sci, aud thsy touud IWC men of great e!ni-
|
| of them WAS Mr.. Adams, ana the other Air
| Quincy. The father Of Mr 4 uiucY addressed
| Il letter, impl1rlnk him on his allegiance AS i
son, and from affection and duty towards
him, not to undertake the defence OF thess
| men. The son wrote back response. recog-
niziLc as he truly felt, all the fi!iai affection
| which he owed TO that honored paren I, but nj
! the same time taking the high appropriate
! ground that he must discharge mis- duty as IN
advocate according to The rules Of MS profes.
sion, and to the obligation tt his ofIiciai GA tn
| whatever might be the resalt of his course
! The struggles, III The history or the world, tc
| have, in criminal courts, an honest judiciary
a fearless jury and a faithful advocate dis
| close 4 great deal of wrong and suffering in.
| fiicted on advocates sllenced by force, trsm-
! bling at the bar where they ougQt 20 be utter.
| lv fearless in the discharge of their duty in
| iiicted on lUries hles, and i1nprsnned and
| kept them lying ia dungeons tor years be
| cause they dared, in STATE rrosac ticnr r.
find verdicts against the direction OF the
| Court.
| Ire provisions Of our ow-r Constitution
| which secure 10 men trial by inTy ana all tht
| rights incident 10 that sacred and invalua bls
privilege, are the history of wrong againsI
| which these provisions are inten led 10 guard
| in the future. This trial, gen tiemer, furnishes
brilliant ton Of the bene fetal res II II,
| Cf all this care Nothing Couid b. fairer than
| the trial which these prisoners have had No.
| thug more admirable than the attention
| which YOU have given to every preceding in
| this case. I know all the gentlemen on thai
| jury veil enough TO be perfectly certain that
| whatever verdict they render will ba ron
| Gered without fear or iavor, on the law of ths
! land, It's they shall be informed it does exist
| on a calm and patient review of the testimony
with due sympathy for the accused. and
| vet with n proper respect for the Govern.
! ment, so that the law shah be satisfied and
| individual rights protected.
| Bat, gentlemen, do believe most sincerely
| that, unless we have deceived ourselves in re.
| gard 10 the law of he land. have right to
| invoke your protection for these men The
| bodily presence, IL IL conld he secured. oI
| those who have been here in Spirit bv their
1 10 tb suJ DO, asaa