The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-11-01
The Case OF tho Savannah Privatecrsmcn.
The interesting and important trial of the cap

The Case Of tho Savannah Privntecrsmen.
The interesting and important trial of the cap
tain and crew Of the little privateer schooner
Savannah, which has occupied the United States
Circuit Court for the past week, terminated yes
terday in the disagreement of the jury. II de-
served and attracted a great share Of public at
tentlon during lis progress as it involved prin-
ciples OF international law and Of national
poiify OF the most delicate character. The
management of the case, aswell on the part of
the'deienee as OH that Of the prosecution, was
highly creditablc to the counsel on each side,
and II was heard before two of car ablestfcderal
!iadges and highly intelligent jury Of this city
Inc result, however, was that, after a consular
ton OF twenty hours, the jury were unable to
come to unanimous decision, and had, conse-
quentiy, to be discharged 1t is understood
that eight Of the jurors were in favor Of con-
vicuon OF all Of the accused, and four opposed
to It; but OF these four al but one were in favor
Of the conviction of the three principal officers.
Mr.. District Attorney Smith moved for new
trial at the present term; hut this did not &C
cord with the other business engagements Of the
Court, and therefore the case goes over till next
- >>S->s
term.
The facts in the case were few and simple /:
there was no dispute about them. The Sayan-
nah, little vessel of some fifty or sixty tons,
was fitted out at Charleston as priyateer,
! undera commission from Jefferson Davis, styling
| himself President of the Confederate States.
She go.to sea e9s SUNDAY in Jun. last Next day
she fell in with the brig Joseph bound from,
Cardenas to Philadelphia, with cargo Of sugar
The Joseph fell an easy prize, and was sent into
Georgetown, S. c., where she was condemned
and sold. The same day the United States brig
Perry QyerhaHled the privateer and sent hel
and her officers and crew Of twelve men tc
this port. -
So far, therefore, as the facts were concerned
there was no room for defence. They were adj
mittcd. The only question for the Court and
| jury to decide was whether the act amounted te
piracy, either under international law or un
der the United States statute Argument.
were made to show that it WAS not piracy
under the law of nations, because pirate i.
designated as the enemy Of the human race
whereas the privateer only wars on the com
merce Of particular nation. Under the Unit
ed States statute, however, the prisoners ap
peared to be amcnable, If the law were to b.
| strictly and technically construed. But Tho
opinions and precedents of all jurists who
wrote, and of all courts that decided, and al
governments tsa 1 tysstea e sss offence weF1
remarkably unanimoas On the point that in !
state of foreign war, or domestic revolution
those who warrcd npon the ocean were entitled
to the same humanties as those who warred
upon the land. There could be no good reason
| it was urged, why our government should trea,
| as prisoners Of war, or should discharge OF
taking the oath of allegiance, the rebels taken
on land with arms in their hands fighting
| against the republic, while they should
treat as pirates or felons those who warred
against the United States on the high sea
And the precedent OF Great Britain in that
respect was cited to show that when the
American colonies revoIted against her, and
when the ocean swarmed with American pri
vateers, she never treated those who fell into
her hands in any other manner than as prison.
ers of war.
These arguments and precedents had their
weight with the jury, and helped to save
the accused from the verdict of guilty. The
menace Of retaliation thrown out by the rebel
government, hut hardly limited at by the coun-
sci for the defence. had nothing to do with the
Issue, nor is it in any light to be regarded as
indicating any tendency to recognition of the
Confederate States. The question involved is
altogether Of too delicate and subtle charac-
ter to be disposed Of by jury. It can be best
decided by the government; and the probabili
| ty is that hereafter privateersmen will be con.
fined as prisoners until the issue Of the present
| contest be decided.