The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-06-17


government ~iii thus base possession Of q road
against the rebels f.cr; the States of the Wse'
Gnd koctAyest While the rcaa was under the
cOatrci c. tho CcNisdeGase troops it was in
taeis power 10 prevent CT deley the junction Of
the federal forces. But their evacuation Of
lsarpef's Ferry takes frcm them that important
scveatage-sD advantage which nothing but
cige necessity would induce them 70 surrender.
WHAT is TO DE DONE WITH THE CREW Ov
TIE CAPTURED PE1yATEER s-On Saturday even.
ing the Southern privateer Savannah was
hrougst as prize to this port by Mdship-
'oau McCooS, o. the United States brig Perry,
that vessel having captured tie pirate craft off
Charleston, With crew of twenty men aud one
icpe eighteen poupder pivot gun. The Savan-
nah rs DC first privateer Captured, and the first
that has received commiseion-her letters OF
narque beng endorsed No. l. She is a fast
ealing schooner, having been formerly pilot
boat in Charleston harbor; but the heavy gun
90 board probably retarded her fight. BY the
ruse OF ncist,ng the United States q ,g she had
just sucoeeoea IL capturing the brig Joseph, OF
Rcck,and, Maine, from Csrdenas, Cuba, With
ruess, TOR Philadelphia, and taking the crew off
end putting eight men Of her cgn crew on
nosro the Prize, which she saw safely into
Georgetown, sc She put to sea in search Of
e., otter victim; but this time she "eaught
Jsrtar'' Never wae bitter so bitten. The United
ts,es oiie Perry. lying off, had observed her
movements, and, suspectirg her, closed her
portbolos 10 deceive thePr,vsteer and make her
relieve .le brig WAS another merchautoan, Az
be sane jnae sailing slowly away, so as to
aucw tie pirate craft 10 overhaul her. The
,avaupah gave chase, and did not discover her
mistake Till she was almost within shot of one
Of Uncle Sans warriors. She then put about
anr fed; but the Perry crowded on all sail, and
gradually gained npon her till within range,
when both opened fire together. 1t was by
his tino quite dark; but so skilfully did
the Perry mspeuvre that she soon captured
ner prize without receiving single shot, while
| The rigging Of the Savannah was hit In several
| places. How different from our privateers Of
| the Revolution and of the war of 1872 10.
Trey neves surrendered till they could not help
| 1t, and often whipped ships-of-war. The diff
terence springs from the difference of the
cause Considering that the necks of the cap
tain Of Ire privateer and his crew were forfeit
I'd he evidence ageinst them being on board
.hs letteis of marque from Jeferaon Davis and
the crew OF the Joserh-it is remarkable that
they did moi fight more desperately. 1t only
shows confidence ii the mercy Of oW govern
l ~rI,;oh al ox,,, oalJor, ovhihitn
The question now is, whether that confidence
| ia q delusion, or whether they are to receive
the due reward of their deeds. That the Savan-
nah, according TO our laws, is pirate, there
csa b. no doubt If we were at war with
Mexico or any South American republic, we
could rot treat their privateers as pirates, be-
| cause We would be bound to acknowledge their
belIigeraI.t rights, the lawfulness of privateers
being recognized by our own constitution. We
| could only DEAL with the crews as prisoners of
| war. But when citizens Of the United States
as we held the crew of the Savannah to be,
, notwithstanding the secession Of the ConfeGe-
-ate States, which is only nullity in law
when citizens of the United States, on board Of
priyateer, seize and plumber American ships,
hat is clearly piracy. We do not ackno Wedge
| he right OF Jefferson Davis and his Congress to
issue letters Of msrque. They are only rebels
against the United States government, and their
commissions are destitute of validity. The
crew Of the Savannah are, therefore, in the eye
Of the law, pirates. They are now in irons on
board the lrigate Minnesota, and will be tried
by our laws-a course which contrasts remarka-
by with that of the Southern rebels, who, with
out Judge or jury, have hanged some two hum
dred Northern men since this struggle began
1t was only yesterday We published an account
of Northern or Union man being hanged by
the Confederate troops ct Harpers Ferry.
What the government may ultimately do with
The pirates, whose conviction is certain, is
purely prudential question. That it has a
right to hang them, United States citizens, no
lawyer will dare to deny. Whether the admin
istration will deem it expedient to substitute
lenity for the full rgor of the law is matter Of
policy entirely for its own consideration.
The MILITARY CAPACITY OF JEFFERSON DAVIS
AND HIS OFF1oERs.-There appears to exist all
over the South very high estimate of the
military genius OF Jefferson Davis, and, indeed,
his reputation in thatrespectis pretty generally
extended throughout the country. TWAS there
fore expected that, wien he left Montgomery
and made Richmond his headquarters, some
decisive action would follow at once. Itistr
that since his arrival there considerable activity
has prevailed among the troops in Virginia;
but this may be accounted for by the immedi-
ate presence of the whole rebel government
at the scene Of action, and the consequent
facility of obtaining orders without waiting to
hear from Montgomery. There can be no doubt
/ that Mr.. Dcyis Is surrounded by body of Off