New-York daily tribune., 1861-10-31

huu IOlNnu may DC 0ibnemDtred Dy tue III
tereaed tyrannies OF Russia and Austria. In reply
TO the encomiums OF the opposing counsel upon Carl
6aidi for his efforts In gaining Italian Independence,
Nr. Evarts read a letter from that dividnal IN
iavor OF the Union and Announcing bis intention, IL
the rebellion were not soon put down, Of coming to
this country and aiding in its accomplishment. In |
The course OF his argument Mr.. Evsrts read from
the writings of Daniel Webster a glowing aud
brilliant eulogy of the American Government. ana
conclnded bis argument by stirring appeal to the
Jury 10 do their duty tor the uphoding of the ber-
ties Of this nation which foru part of the record of
the hopes of the human race wherever that flag
shall waye with every star and stripe for Union. |
and hoped that the glorious legend of Liberty aud
Onion, now and forever, one and iuseparable,'
shall not be replaced by this mournful confession,
unworthy of q free people, " Our own basenes' has
surrendered the liberties which We had neither the
virtue nor the courage to love or defend"
| The closing seniment of Mr.. Eyarts's argument
was received with applause by the audience.
THE JUDGES CHARGE.
Judge Nelson then proceeded to deliver the charge
of the Court in which Judge Shipman, bis associate,
concurred:
The d. question presented IN thl, e whether
the Cont hs. uri.dcuou ofhe oepse Th depend. upon
clause section u Of the act Of Coppe. II 1928 q. follows
the high elsewhere out Of the limits Of any stae
dtre shall be IN the district where tho offender apr,
heuded into which he may De hI't brought ihs pi'
oner'. who capiaed by armed vessels OF the Uned
Of the feet to NewYork for trial. but the inGe'ois on
board of which they rlseed destined for Hampton
be hce rauerred TO another they trans
fered the Harriet Lsne and ser Foe two dsy.' delay
where thew were soon after ses,ed by the civil suioeL
II ia inied behalf OF the prisoners. tla inalnuch as
transferred TO the Harriet within tho faste bis.
c, OF the State Of Virginia the u'diciia attached In ihs,
were ' brought The coui, Is iIclbed 70 thisE tba,
| tho circumstances under which the Minneot, YVES
original order by the commander that the Prs,
NAL out
log of the s,.tue But We are not to se. the Se
claus. ccnerdns jurisdiction IL In tho alternatives snd that
Jurisdiction may b. eIetc'ed either 10 the district Ia which
the prisoners we're brought In that Ia which they
sppehenJed under lawful suihor Tor the a OF the odense
This briugs the merits Of the The Indictment M
der which tte prisoner. So tried contains The
h,t i've upon third section Of the set of Con-
Of 1870 which /. s follows Thai any person 'hali
10 upon ny ship vessel upon any ships company Of
ship yesel OF tho laaine thereof such peon hhl be
sjodged TO be pirate and 9Pon con'iGtio sna 'unei
death The five several counts chAse IN 'ubsnce tha the
prisoners did upon tie hsh seas enter 10 and urn Tue ets
shps company naming and cd theH sud there pratt
cat ft@niou,y and si9eItJ Tshe AZ s,'st aPoh
and pot them IN persona. 70" snd danger o. h.I '.. snI
did then aud there the big Joseph her eke 1nd spp"e
crew and from their possession ssd "a ih,i pres,
lslonion.ly .eir.t rob. steal take .ad e,iy
Theis are sue v.risnes, 10 the dEeett count. ba Ct vii
be material to noiis them II vii Do observed that this
tucon between them ard (. equally applicable therefore.
formed under 7th section OF the Of Cones. of l
which follows; Ihs, any citizen 'ha commit soy
piracy robbery .oresad tbst IT, as de,ebsd In ths s
section corresponding sub'tln,ially With tho 81 .reoa o.
he act o. szG % spy 81. nSo % b . ss.g s e"o
any coulfnon nom foreign prince state
Of authority om Pstson such offender shs not
andins the preteuse Of any such suhgy be deemed
sdudssd and sk-n 10 be pirhe sl"n sbd r0ebef ana
thA, the prisoners all citizens Of the Ubied States sod
that they committed the acts sct forth In the pevgs hy-
A. the provision Of the Of Congress upon which these
eoun. ed aPpiobl ony to citizens snd no T. Tor
the other eight admitted to be forep,r Ibs foof
The d,s,on between ,b. pravi.Sa. o. The third .sstio 4
the lao the ninth section OF s snd ne counts Ia
the Indictment founded open them ,fi's. 90, q hniaI
principle Of ini.rf aont .nd hicb g. that 90 of
war existing b-wesn tao majors either msI eomnhsion
he high seas aud toe eornusen will sh5id Proiston
In the Judicial trbun, Of he eey AEsinH eharss of 'he
good defense sgsn Indictment under third section Of
zee b, force q The shove os q in,eSsoas m ls" The
citizen. tho United STATE. who ,ie .evce ansef the
decaf. respects thsm tb. eemui'ion .hs 20, Be Ai
mtted d.fcn.e aud esston relates onlJ to our
respects the citizens saeJeei Of otl.r courirs We do
not perceive hs any exception car be .an 70 We e. ss IN
has tsAen Of the case, viii not be nso''.sIy 70
,s nor 4. rs,peet 10 the ,ueI under
IT, bu, shall observation. to aconsderson o. ihe
third section Of the sc Of 1870 There can o- 10 70
In pri.onsr, in thu. restricting tho eIsmn,oa - sy .u
nen founded upon me act of IsI % N o. e@.sly as;o
20 them Nor there be inj1seo to The posecn'ion
is5o T. s,sbhsd against the four pi.one pone coald
under The unt .,ction Of 1850 ih crime IA The Two ee't
te san. for s the purpos- this ts This only difference
IL the exclusion Of particular defense under ihs acr Now,
The crime charged L. robbery Anecao Nsse On the
hsh seas ard hepcs l. Bscessary that should
attention the inquy, ~hs co 'u th' ofs.se IL has
already been deiermig-d ty the hghr auhorJ-ths su-
pen. Court Of the United 5a,s.hs mus, ioos to the
copon for definition Of tte eri1 rooosrJ 10
be presumed Il used BY Conse. ~ The set Ia That snis
crime consist, In this: The oi3non tsng Of goods OF p opef
~ of nny valut om the person Of snhe rim BIZ ps-nce
a.. tILipc must be ieonioushsi D., taking sh wroog
k tent 20 spyopstr the good 81 another need not be
Ips which " UPON the high teas would amounI 10 piracy
a. b n som. Of the book called general piracy rrutbrfy
This is defined 10 DO iociolr depeda9n upon properly
noon The hlgh seas without lawful snihori) done oHiSo
GrIndr-th.t II, defined IN this corscon IN spint and
ist.nton Of universal holity pir.e 1. ssd 10 be one
sho royes the 10 armed vessel vi h2pt ans comm"h
nom any sovereign State hi. own authority snd or the
purpose stkuR by toce ard aipfopusihsto 70 uie WIN
ou every vessel he may mrrt for IN, res
90 i,,s According 20 the ustua law, have always beeo
couu,red 20 Tobbstbe only dlnefeeca being @i tbe sea
Ard general robsI. aud pirates upon The htb .sasse
De-. med en.ines Of Tie human scsnuhng var upon al s
kipi .,.S Ss & % b.vs Syb 70
n,.re eil. and puuish them Now II It necesay On
hs ps Of the Government bring the crime charged 10 the
present. case AgaiD,t te pi'onef. with this denn rob
bery aud piracy known to The common Ia" OF nauon.
thee would be great douy Ia 90 DONG either npon ihe ey
deuce perhaps upon the counts 90 etafscd Le nacm"ht
certainly upon evidence tot that shows snything an
intent 10 espeds's upon Ihe te..s sSo o. que o
intent have that 10 said to constitute essential es
mout- Il the crime. . ,.,,-,.,
But the robbery charged this ihs, which tie act OF
congr.s. pfescri0ss a. crime; and may be aeuontsied
statute oeDse distinguished ifom that known TIE
Jbe act as you have seen declares The person pirate pun
ihsb BY dssh who counts the cnue Of robbery on TIC
bh 'ss. agsr, any h ,se & o. SpT sSy eo ~
these words sppos the ed. TO the case oi depeda upon
Amercsn ve'iel Or popel} oD .s ntS ,ie eoe, o,