The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-26
THE CASE or THE PRIvATEERsMEN.
Trial or Captain Baker and the Rebel
Crew or the Savannah.
UNITED STATES CIRCUIT COURT.
Hon. Judges Nelson and shipman presiding.

lion. JUDGES Nelson ana Snpman presiding.
THIRD
Ocr 25.-The United States u.s. Thomas Harrison Bake
and T'oslrc Of The Creo Of the Pricater Sauamnah-Ih
court this morning densey throngei long before tn
hour appointed for resuming tho proceedings.
Mr. Brady said that before the business commenced h
wished to state that two Of the prisonors--Rchar,
Palmer and Alexander Coid-are exceedingly i'll, and un
able to sit throughout the trial 1t not actually ne
cessary that they should DO present.
The District Attorney stated that 1t would be we'll FOL
the prisoners 70 make the request personally.
The Court directed that the Marshal should find accom-
mediation for the prisoners somewhere In the building
when they wished to retire.
Mr. Sullivan then proceeded to offer in evidence docu
ment from the War Department dated December 20 1860
In which Secretary Floyd tenders his resignation because
he could not consistently continue that position in con
sequence OF the impending The Presidents replv
accepting the resolution, also read The following
were put IN oF lence-The correspondence between Ma
or Anderson and Governor Pickens Of South Carolina in
reference to he rng on tho star of The West such por
lions OF Tho constitution Il the Confederate States s der
rom ae constitution OF the United States: the
oi Jefferson rasis the President IL tho Confcdarafe
states TWO pAsases from the inaugural Of President Lin
CON INC freaients speech to the Virginia Commission.
srs the proclamation Of Jefferson Davis in reference to
LEVERS o. marque, dated l7th OF April; rccog
states published May 1861 the papers found o., hoard
81 the savannah when she captured which come nto
,ef @tufn ha
trct Attorney who used them in tho Prize curt for he
Condemnation Of the vessel the commission ~ jefferson
DAVIS 70 TIE SCHOONER Savannah (pubshol il Fridays
rRALDl, an ACT recognizing state 81 war APPROVED
May O. 1861 The inauguration Of JcAe son Davis is Pre-
sdent OF tho Confederate States the Cabinet appointed
py JEFFERSON avs thu passage Of tho CopfeIc
rate states declaring tho free Of the issssip
pr Pesdcnt Davis instructions private armed vessels
sghcd hoot foomhs Secretary of State of the Confcde
rate States.
Mr. Lord rsf rred to passed for tho organization
o. an army Of the Confederate States approved by the
: 0f IA
MI Sullivan referred to passed May 81 relative
20 prsone OF war three extracts from the message Of
resident Lincoln July g. 1851 from the message
OF Presiaen Buchanan, Dec g. 1850 at the openinu of
the regular session proclamation Of neutrality BY the
queen OF Great Britain, dated May IS 1851 proclamation
Of neutrality Of the Emperor Of France dated ,ne n
me articles OF capitalization Of the forts the HATTIE
ras Inlet dated August % board the ned states
hagship Minnesota, or Hatterus Inlet
tdr Evarts rcm9ried that the latter document was not
%ha any proposition hitherto passed upon he did not
desire TO arrest the by any discussion the Court
Thought il should be received.
Judge Nelson said that the document may be received
professionally
Mr Brady put in evidence the Charleston D,ly C,,;r
Iith 81 y ne, 1861 containing judicial advertise.
ns. g nionttfon On the fling OF libel in Admiralty
aIt Oh III states Of America tho district
otSouth Carolina, directing the sale OF The oseph aha
nsTing bcen captured on the high seas by tho armed
Meepner savannah under the command OF T. Harrison
mksr, attcstcd IN the Of Judge Aagrath An ~
u1e 1851 anu containing also judicial act rcating N
tcsnminlstraian Of an estate in due course Of law
M BAY stated that the reference was to show that
yhada judicial system established under their own
ymnment "
dsttenatt Tomptins recalled and examined Nv
sullivan Tor The defence.--Q State your knowledge
we sending Of any flag Of truce while your vessel,
u9friet Lane, was lying At Fort Monroer (Obiected
"a exception taken A. have seen FLAGS of truce
ni down from the direction Of Norfolk; our vessel
Ocomnincaa,n with the officer bearing tho Ia ~
g. Ddthey come with tho ,afedcrats Gar a.,
tsame vessel With the flag Of truce, A. Yes. one
came came Win moe nelerate aag flying and flag Of
also; AN net positive whether the far vas re ]
% the Cumberland or the Minnesota: they com. |
~, ~ WIN ri,aes OF those vessels q We're any
toward Cnnfe ierate forces. A. have ee,n
Cup ~ Roads with flag Of truce and the United
gon the salae vessel do not think that Can Mn
1.-The other prisoners hal any regular aBfortn. |
ae@rhaa aci ON with metal butt rs on his |
!, hos notice what was on the button; no had on
= W 40 De wears today "a b,uc flannel suit. |
Inc ohy one VINO had uniform: !
., hi c Aythng as to the exchange Of p sone.s
~ g Tort es Of the United States and OF tho Con.
81 Ns GU any station where you have blcls A. |
49, w the def nee here closed aud the D,s,ric,
- at ~ia1ait tue prosecution had rcbutug
>, Golfer. "h
ny ny, On as:cd the counsel on both sides TO pre
- AR, ssitions o! law upon which they depends
30 10 NJ was ID at 70 ask tie counsel on I e
ia 10 I'VE ihsir authorities so they should know
~ :. 70 going 10 Me jury upon.
s'.Srs4 AL no objection 81 that course. m tho
,a,isn ~ NJ ease the prosecution would rely on !
49, ~ NJ nitof States, on the fact that the de.
,snreo Tint the terms Of tho siatcte and that
nrm.tty defence, growing ont of tho state
ms in thf country does not apply in a
~ IL Ullicd states, and uiaer Tie
.,n,, ~ IN United States, which atil cnycrs ,,e
IL, of tbs Ph.sons brought in whether tnay gro
!. Ar slo, Aothfny has boon show y which ,ak,a
90, a. In, general operation OF our lava on the
On of tn II S~a1cnis N Tie ofsine M pjraey-<hoh |
,rIicnl,r IN, IVY irrespective Of the considerations
c,ed with h sslse Ct war. Ii the general ele,nen.
- o yvhi VI ts.e eounsf for the defence have
, ,ho va riaus Soks on the +" Pleas u ,ho Crown =
arc messages - vhit1 ue prosecution shall have
o To,s s.s t.lst the counsel for tbs government
4 yive 10 III. oaGrsea for the defence, befoae the
,ing up conn. eDced, all the authorities on which
n;,rct Ntor ,ey said thcy should Of course do go
Evrrt. then G. scd various AUTHORITIES
Lord TT N in Aoc anu btAhhta,i1s g't'fe3s. to
I,,rt denied II jurisdiction, and Submitted that
- any crcnnsta aoos eight OF the prisoners, who
c,ors are not aniehabic to the United States for
= - .,,,tnr any o, he. country.
nv e,inr nret main points upon which Mr. Lord
al-oro s evden that after Harleson and the
:. ~ thr savannah were taken by the Ferry he
"a 80 ~, soner a. 1ne 81 crew Of pgatiG:l yes.e
m . cared AS irstica, board the United States
= as yar Minnesota by order o. is commander. That
4 * a. taken the said commander into the
,ric, &c yrguia, vi INN marine league Of rs sheres
aro ,he sail ship einaincd; ami the saa Hareston
~ other NJ isoners could have been here landed AMI
80, eor ,rni RI Il V facts are the Circuit Court
Ills district has no jurisdiction, and the prisoners
Du% ,re l. evidence MAT at the time Of tho crow
~ satonnah shipping fw The cruise, and AT the tiaa
~ .,,re of the Jos, tt the authorities of the state
S sas C,-oina (wh-rc tie Savannah fitted and
= soy ynsjn had bee IN 1,arties 10 confed creation
No. 81 M. United 81 nesS Of America natls in thu
-, r amation. Tbaa under such eontete alton
ornrnnoe,t n, fact existed, ID III exercise in isct the
,veTe ~ q v aud military - vernnient ms Ter
rrns and ucopc Of these SaN tho principal part
reoS Tina, the said CoufeGss te statest had de-
i.rod var against the Un.sa, States Of Arsxca, and
aro onen,v prosecuting the same with large military
orccs under civil and military org.nf atiWr Of GO
,nrnmept and had assumed sn'Nsere IN the exercise of
- ,ower of issuing commissions to priS te rse ships n
= ,aka captures ohe propertypof the mite iates and
~ .;,,ens thereof prize OF war an to- send them,
.o ,o,t Cor ADJUDICATION such, and thar civil
NV ~ g,c -yistcd That the takp % the Jtseph,
. nnan- such authority OF the Ce nicdefaio Ssaos
I ~ ,hc name Of prize of war and h 1e purpose Is
100 .he tnte aiiudgcd by prize oprt m South Cars
10y. % sonc other OF the said contede tatei States.
10 NO cats are 50 found, then the tasEg OF the Josey
=. no III -,,cat under the eighth section OF the acsf
Woo d thc n-soncrs must b. acqul,tedir2m the ch&r
nj n In, ,ac, are found snpposess IN the presa in
-, a, II i also appears that commission irom n
psdera,ca states the President ahereof, heAs Dor
.,oS Cor the savannah. and that thSsGpturs VIZ MAJ
,o- coor Thereof then, as to the Isisonoss shM n M
az No c,tjzcns Of the United States tno taRbg the il
snh Was not pFaiical under the eghlA seclS Of Il
act Of 100 -,.. no,o. nc a,thorAy
q Nor under the ninth section neea aa only AZ
Mes Ia citizes Of the United States aud the
pel Camo &C. must be acquitted unuef 'ne nth Us we
IA under the eighth section.
w. II the facts are 80 found as sta.eN in the las
point including those relating 70 the coz mission an
under az