New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-29


th Section aud coptended that i did not charge The
character Of the ofense. The phrsseology Indicated
the oensc 10 be Of tho same kind 10 the previous
recion. Pctal statutes are construed strictly IN
sc ting down the crime. AIR. Dukes re I'd from the
English law snbstantiating this view Of the case.
BY the Englieh law and by our own law, the crime
must be clearly defined aud this il the safe and true
principle Of construction. BY describing crime fully
tho citizen las Biz greaiea. safety. lt II through
crimes that arc hot clearly indicated that iyrGnts
have IN all sges crushed their victims. What l. 81
act Of hostility are not all acts ammo furGndt, ne
vel as robbery aud piracy, acts Of hostility This
9th SeeiieD II was never intended to apply to soyeF.
IN Sia,es II was iutended 10 apply 10 Individual
cases. These are States recognized by the country
and the law must protect their CT Zens. The deci-
si0ns Of the South American privateers settle the
claim 10 protection. AuLther point was the abstract
right TO secede there a difference OF opinion'oe-
tween the two sections. The South may be
wrong; but 10 try a right Of t0is kind there
should be 10 chance Ct a doubt Is there not pos
sibiliiy that you may he mistaken Is the truth all
on one SIDE The doctrine OF theee mea may be
political heresyi but do you crush beresy with
chains Can you expect, by s system Ike thls, 70
mould the human Ulnd as . potter does clsy III
these men piRit-s all rates who have taken
commiss ons iron tie Confederate Safes ond all are
robbers on land. Ia Tstnall pirate, whose name
has been syuOnym for all that Is noble and gener-
Gus IL Haristsne pirate IL Ingraham u pi-
rate GA 10, gentlen,eni there is some mistake
about that. l. Lee q robber whose name is written
on every page Of your countrys history! No these
men are not pirltes; they are not robbers. Truly
II may be eaid tlaL civil war perverts tho natural
taste and relish of Justice and Of equity. Daring the
American Revolution, not single privateersman
u,as ever brought 10 trial ia Eng land, and yet the
En-. lish Government captured many Of them. Our
law is copied trsm theirs. suppose they ieit inc
utter ius ica6lty of she law 10 that case In con-
cnsop he counsel referred 20 the causes which pro
4 Il, ~ Of he condition
country ia the difference Of education and habits OF
thought Ia the AIT, rent reciiOna of the country, and
appealed 10 the Jury TO meet the Issue IKE men, no
matter what pressure might be brought To bear upon
them from political sources and 90 Jnsnce W us-
charging thef, prrOneis. Ii they condemned them,
he assured thru they would meet their fate like
men, and their manacled bands would be lifted
not in vain 70 more august tribunal, 10 WbsSs
unerring DEGREES courts and clients must alike bow
with awful reverence.
Mr.. Sullivan followed, commencing by refer snre
10 time wbea the States of Greece were IN state
Of war In wLi,b the Atbeuians were wOrstrd, aud 4
solemn cOnclave was held TO what should be done
| with Athens. When IL was almost decided that II
should be destroyed, one delegate Ia the hembly
| from Pnocs roe and read the mouInful choral ode
from sOphoclss, which 80 affected the assembiage
\ thst their bouef feeliugs predominaied, aud they
Haved their siser State from destruction. The eou-
eel would take II hint from thIs, that monenfary
reference 10 ioIeiathes, and 10 tie foreiHihob OF
thee prlsoDei would lie hgIeetDe 70 'he minus oi
The iary. After REVERSING tie circumstances OF the
capture OF the defendants aud their beng brought
10 tie port OF New Ork Instead OF any OF the SOUTH
ports Of ie coast, ne patsed 10 the question oi
The rIlbliulne,s of the pnsoEeTs 10 sct under The
commissions which they had received IRON tneI
Government d 11cto. Thar whole proceedings III
dicaied that u.y were acting ia good iaitn uuder
the instructions Of thai Government. Whether the
authority under which they ac,ed wse legal OF not,
| they acted slnctly In accordance win A.. Wen
! auatlf .lNa nF
thoii-y which they thought was competent Il
confer the nght which 1t prefessed 60 give
That il a question with which / conceive We
J Law. nothing 70 do Ihey have ~ much right Il
act under lstier OF nlarque under tho Coniedernis
States a. we bad duflg the Revolution 70 act undc
NJ. Colonial Government. The ooly issue which
regard ~ II moment Ia this is had the Govern
ment Of tie Confederate aies night 10 issus letter.
/ oi nIsrqHe IL II not true that ire consent oil tbt
United State TO their Independence mutt be proved
supposs the United Sigles shall refuse a. Gckbowl
edge TIE Independence OF the Coniodsraie States o
lity y.srs L. IL lot TOO broad poslion 10 assume
in Joutt 81 Lnw that they have no rights until thH
coipeui is obtained Tie Confederate Government
MAJ bs toe exclusive Government "a the future, ant
j. thsrs 70 be no termination OF lhe night OF th'
| Conrls and DIstIictr-AttOsuey OF the Uniiet
Sisi.r TO urosscute lie ciiLrDa There mus
\ he a lima 20 this state OF affairs. Tho mo
p,eut We have arrived NJ that pOint at wblcl
N state Of war exists between nations, or parts
The same nation the settlement OF the question be
comes easy. Evidence was adGuced 10 SHOW thai
N. usual fcrms Of warfare were exercised by th'
United States townrd tie Confederate States. 1h.
lerms Of q irulaiion of Fort Haterss were such N
/ To iu,tify lie tams cOnci fusion. They negotiated
with Capt. Barron, commanding the forces Of th'
| Confederate States, thus removing bin IRON tb'
character Of private cltzen TO That oil an oiciAl
"a Government whether ds t0ct0 or de JHrr. Tia
fsrt IA Hufcirpt 10 prove that the Government u
acting here IN this prosecution iHconflssnty with IL
aeiiop elsewhere. IL would seem ~ II the Gov
errmeut Of the United States bad forgot
ten their dignity In allowing This care TO g
Ito "A Jury. They cannot hope that Jury wal
affirm that there men are anenabe 10 tb'
lays that they were year ago wien these state
held an entirely different portion. If It Is true tha
the Confederate States have no power I" besl oW
ri0hts until IL IL acknowledged by the Unite'
States IL also true IN the case oil lndlYldnei soy
| ,reigpty. Ii IL true in the care OF the King o
Naoles IL Victor Emauuels authority 70 be cillis'
in 6Des.Ion IN the courts Of justice bccanse HIM
IJonba was King there ! No answer 10 TIA
IL needed. You will reject any sneh theory ia con
sideriug this To come home to oar own theor,
\ of I;oyerpmeDi, Mexico had not Acknowledged a.,
/ ,nden. nde,ce of 1exhs when we assuned that sh
ad n right 10 become one OF our oOnieoerhilon .,
i b.r own act AID yea weare told ny repre- sehii
i've of ths Uuiled States that once so'eteien al
WAYS q sovereign, nno no oehei oOc'pno eAii nV' =
/ me r,nrts The laws OF pations are 3 part oi w
asys of the country, and may claim as rgl0y lei
,n,a,cru,ept Ne any clause IN bill OF rights. Ih
..,n,a q lecIs contemplated by the laws OF nation
La, arisen in his country, aud We are here tbe WI
dealors OF tbs rights OF ciizehs wien are uslp
,;T wlsh 20 diyesI this Of all that IL obnoAiou
IN onr nil d. 20 TIC loyalty We owe TO our Govern
rnenf know that There Ia justice and there Is law
Cor your hrdiug OF u verdict Of not guilty hns'
no fear OF the inirness aud justice when WIZ "
,reted Out by an American jury. AUolher pom
istlis. Much has been said OF the right OF the Con
tSrre States TO at npon the iundahents principle
m C;overnment and 70 declare their independence
\ Mr sullivan planted al the history Of tie Couieders
lion OF The United states. arEung thai The seprn,
Id I, Ia. al md ran Ia