The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-29
THE CASE OF THE pRIyATEERsMEN.
Trial OF Captain Baker and the Kcbes
Crew Of the Savannah.
United STATES CIRCUIT COURT.
Hon Judges Nelson and Shipman presiding.


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Der 2s.-Tze United States Us. Taos Harrison Baker
and Tsoels Of the Creo Of the Pripaer Sapannah.-fhe
rush for seats this morning immense, ana almost
simultaneously with the opening Of the doors the court
room became crowded In every part. II with dif-
Guilty that Mr. Keefc, the officer of the court and the
harshas dcpues prevented the doors from being burst
open by tho masses who anxious TO hear tho
summing up Of counsel in this important and exciting
Mr. Evars gave notice to counsel for defence that he
would refer TO the statute Of we'll consM
tutonal provisions found In the first section OF The
crimes acts OF 1870.
Mr.. Joseph H. Dukes, one OF tho counsel for the de-
fence then proceeded TO address the jury deporng and
deprecatng the circumstance Of government oemx
' ges reviewed the law Of tho world as applied 70
distinctions between piracy and privateermg. The
a ter took property not a N ms r own o. name oSs
have expended his blood, his life or his tr.a-
snre, in making the capture, but up TO the
Of the condemnation the State claims and has The
right the property captured and restore II TO
tho claimants. It had been charged here az something
warded by the prizes he captured II that 40 dis
graceful had only step into tho next courtroom sd
lind the judge enrichng the officers Of the United States
Navy by division after condemnation private proper
y captured in this civil war; In English history We find
captured war. In ausion TO the doctrine OF state
rights tho counsel said he could understand the
ell by the federal and State the q
the American colonies there but their A.
egance was xed and well understood previous TO there
VOLT and yet they had their rights belgerents The
Confederate States may have acted in bad faith
try them for that legslate against them.
He contended and cited authorities to show that the 60
under which those deierdants acted and held
letters Of marquee responsible for their acts, and
that the themselves not Justly chargeabo
with the offence imputed TO them. He submitted that
the parties could be convicted under the eighth
section OF the act and that tho eight foreigners could
nVt q
OF the United States fer acting under letters
| Of marque from any other country or Stale.
Mr. sullivan addressed the jury for tho prisoners.
Since the OF this trial hc had In his mind
episode Of ancient history between Sparta and Athens
He then drew parallel between those facts and that o.
tho history Of the United States Of America, which had
nothing to rest upon but regard for revolutionary rights
What the state Of things on board this privateer aS
the time Of hor capture by the United States brig Perry
The captain announced his intention o. taking the prison.
to New York Oh says Capt Baker, don't send u
there; send Georgia, Florida Alabama What
the repy We cannot send you there because the United
States have courts authority in these States
Then send to North Carolina Virginia. No, they
could not be sent to OF these places because through
all that 600 miles ss ast
Then there Is nothing to DO done but that you tnc pr
sonersl should be brought to New York. indicted ana
tried there The facts proved We do not deny and We
willing that they shall be passed upon by the jury.
We admit that the defendants did capture brig called
did make prize Of tho cargo owned BY American ct
zens say that they did this in the ofthe Con-
federate states by their authority flag, sendng
the prize into Of their ports for condemnation Can
this jury say that these men, or any one OF them,
were not acting under tho fullest benefits he
had right to receive under the rights hs
had to believe conferred upon him3
After some further remarks from Mr. Sullivan, Mr. d
yegra addressed jury behalf Of the prisoners
Mr.. j. Brady then proceeded to address the jury
behalf Of the accused He thought the Court and Jury
entitled the thanks Of counsel for the patience
with which they had attended TO this cause, and they
would oil feel satisfied that this trial drawing TO close
II fellow citizens at South wanted any evidence
Of still chershng the spirit Of law in our midst tho
right Of freedom Of speech and Of freedom OF dscasson
have realized it in this trial The city Of New York may
well be proud Of the trial could perhaps DO sorry that
BY the sight this trial going on without any eshs
ton Of feeling excitement This is fact of which We
may AL feel proud AZ tho same ns time regret. as one
country than this TO love and honor-Isay DO deeply
regre, that il has been found necessary to have
up at this juncture. have, it is true, NO
reason to complain, but still it is to be regretted
civil does exist is insult the intelligence Of
the mcanest man among US. Now should like to ask
what fighting for7 Suppose that the Southern To-
gons had fled before the victorious arms Of ths
United States and that the Stars and Stripes waved from
Are We hng compel those States within the
Uned States, or are VIC fighting with a secret and
covert intention to do something else whom we shall have
a s hSsa
Now he 1Nir. Brady did not believe that, 50 far
the administration is concerned, the war was -
ths. the North have no such intention or sxpectatoa
as that, and viii init We found however,
nn Of with he Of
ing them to their owners, and one with the intent Of do
clarng them free The learned gentleman then addressed
the Judge the which must govern this case and al
uded to the tried in Philadelphia and stated, -
Of the amelioraton Of the common law even in Great
Britain that during the reign Of Victoria the punishment
for piracy changed from death to imprisonment,
the offence committed without resortng to force
He said that the Confederate States occupy precisely the
Same position towards United States q America the
thirteen States did to Great Britain before the Revolution,
tinues much longer, England and France win break
the blockade-whch, with all the American bragg
they could not those lowers from a1ns
evon his usual force and ability, to establish the point
that matter whether the Southern people had or had
not justiabc for their attitude OF hostility to the
government of the United States still 1t could not be do
nied that that hostility existed that 1t had passed from
the status Of simple rebellion to that Of
great revolution: that civil existed, and that
consequently according to vatte and all writer's on inter-
national law according 10 the greatest English and Ameri
urists according to the many presidents set by
and other governments the existence of belge-
rights he acknowledged It followed therefore
that the offence charged against the prisoners
committed under the authority regularly issued Of power
clothed undsputcdly with belgcrent rights would
monstrons to treat piracy and robbery that which
was simply an act Of hostility and as such recognised
American government recognized the rebes as bslger
ens Brady referred to the capituatioa between
Butler and Commodore Barron at Fort Hatteras tho mr.
and detention Of the garrison prisoners OF the
frequent Interchange Of flags of truce the successful do
fence made by the rebels against greater army than
he led to Russiao the various procamations Of the
President and to other acts of the government. Without
closing his able and eloquent argument the Court at 1--we
2. NJ, adjourned.
CONSOLIDATION OF REGIMENTS.
ORGANIZATION OF THE sIxrY-FIRsT NEW YORK
VOLUNTEERS.
SPECIAL ORpEaS-No. 452.
GENERAL HEADQUARTERS STATE OF NEW YoHg, I
ADjuTAST GENERALS OFFICE, ALBANY, Oct %, 1861
In accordance with general orders No. IS from this
Department. and with general orders No. II from the War
Department.
Guard and the Asor regiment hereby consolidated into
aregmcnt be designated the Sxtyrst regiment Of
New York State Volunteers L t4l
Companies G, i, +, f., II. and OF tho Clinton
Guard will become respectively Companies A, b. G,
F, G and II Of the regiment Companies and OF the
Aston regiment will become respectively Companies
and X.
The following persons appointed field officers Of the
regiment thus organized and with the staff and company
officers win be commissioned whenever they shall have