The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-07-17
UNITED STATES DISTRICT COURT.
Before Hon. Judge Belts.
THE PRIZE cAsEs-nEBEL FLAGS.

THE PRIZE CASES-REBEL FLAGS.
July 16.-The United States the schooner Hannah H.
Johnson.-This case, which yesterday, was
finished to-day Mr.. Stewart /. woodford, Assistant
United States District Attorney made the closing argu
for the government He began by brief and con-
statement Of the issues raised by the libel and an
From this he passed 10 a consideration Of
the most important questions Of law and fact spring
ing from these issues He stated that he should
into lengthy discussion OF the questions Of the exist
o vil or its effects, because these questions
had been argued repeatedly and at great length before
this Court by some Of the abest lawyers at this bar He
would however, recapulate the steps Of those argu
ments as 20 show clearly the promises Of his plea in
the present cascs-1 the time this capture state
of actual and open hostiltes existed and still exist be-
tween the government of the United States and the in
surgent authorities and rebel citizens Of the State of
Louisiana md the other Confederate States 2. These
hosties hal assumed the proportions of civil 3.
These hosties (or this civil wary followed,
rights growing out of state OF war. This brings
TO the main question Of the present
vessel sailing under the flag pass Of the enemy is
liable to capture and condemnation This position sus-
tanned by reference to Wheaton on Captures and other
authorities
He then argued that the schooner Hannah NJ Johnson
had been for months in active trade among the rebels
and SO had given them 'ad AMI comfort'' She was
New Orleans when the Louisiana ordinance was passed
last January and under the protection of the rebel
flag continued her trade going Texas and Florida ports
and also carrying cargoes the lower Mississippi She
at Pensacola after imbeciy had surrendered the
navy yard she passed Bragg's batteries unframed, be-
cause Of the rebel flag flying at her peak, and then
trade. The counsel then commented with some severity
upon the impression attempted to be conveyed by the
officers of the vessel in their depostons that they knew
nothing Of the hosttes between the Confederate States
and the federal government He showed that the
must have known and knowingly aided in this rebellion.
profession O. ignorance made by the master, when
rebel clearances and Confederate flags found on
board Lis vessel argued him s.ther knave or idiot Shall
man sail, week after week upon the Mississippi; shall
he lily the bars and stars day after day. alike upon the
Gulf and at the evee shall he sail by the stolen navy
yard at Pensacola, cruise among rebel Notifications and
Pckens and then when sezed come into this Court and
plead ignorance his excuse2 Here Mr. Woodford an
swered the suggestion that this schooner an American
vessel had an absolute right tocruse when where
che pleased among the Southern ports He argued that
the masters duty Of allegiance his government WIS at
least equal TO the obligation of that protect
the master in his lawful trade Rebellion had crushed
out for the moment the power Of the
seeding States The President by
all his power cndcavorng TO restore the supremacy
OF law, and make again possible for Northern
sells to cruise in safety through the Gulf. But on the
master imposed the correatve duty Of refusing
fore Jefferson Davis collectors he had right stand
idle and gold by his lent assent when the federal
authority was de1cd and trampcd he had right
load at Pensacola and gain protection from traitors guns
by flying rebel flag, when the Stars and Stripes
deanty in his very sight above Pckens, aud the gallant
Slemfner upheld nations honor among traitors Here
Mr.. Woodiord answered the suggestion the counsel
for the claimants, that the entire system of in
reference with our trade with the rebels was
unconstitutional and earnestly praised the Col
ecto of this and the Secretary Of the Treasury
their decided and fearless arrest Of the coastng
OF the rebel flag The claimants had asked, ycster-
dayWhat is it but ags and passed it by almost with
contempt. What is flag? The EN- ben of sovereignty
the pledge of national power speaks the wandcrcr
OF home and fatherani It floats above the oxy he
stands shielded by e. the power of his go'crnmcnt.
What flag? Only strip of bunting yet pets have
woven its threads into tissues of song and for il brave
men have died. IL speaks of history it prophecies
our future strength and union 1t is ONLY flag yet each
eye fills and esch heart sves speak that dying
soldiers words GAN hail the Stars and Sxpes What
- thk nag which the claimants would gladly overlook
Is M MI az an
organized effort to break up Onion. tcs US here Of
inc easy virtue ano The diluted patriotism Of those who
they mght ind security for trac and opportunity 50
earn IN quiet traitors gold That flag floats this
ees peak Today, making her this Court m en- emy,s
shp-braDdng her character the mark on Gains fore
head branded INN murderer Mr.. woodford then el,bo
Aey argued me inherent questions concerning the own
ership OF the cargo and its liability to condemnation
The Judge reserved the case for consideration.