The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-31
TIE CASE OF TIE PR!yArEEssMEN.
Trial of Captain BAKER and the Rebel
Crew OF the Savannah mt
Charge OF the Court--Thc Jury StiM
Ont and Not Likely TO Agree, Ne.
UNITED STATES CIRCUIT COURT
Hon. Judges Nelson and Shpman presiding.

UNITED STATES CIRCUIT COURT.
Hon Judges Nelson and shipnan presiding.
SEVENTH DAY.
Oct 30The t,sitd States Thonas Harrison Baker
aud TDeire Of ne Crew Of The SapannahThe Court
crowded early hour There several ladies
commodatcd within the bar The Hon. Reycrdy Johnson
Court, and Judge Belts had upon the bench
during the greater part OF the day.
Mr.. Eyarts in resuming his argument, took up the
point Of the speculative right Of SECESSION commended
for by the other side insisted that absurd and
utterly inconsistent with the theory and foundation ofhe
federal government which purchased Of the seeded
States anG conquered others OF those rebellion.
Mr. Evars continued to occupy the court and jury for
moro than three hours thus speaking for nearly
hours replying 10 the counsel Tor thu defence
He then d:-And now, gentlemen, having core with
this doctrine Of secession, utterly inccasttft IN
the theory Of our government and utterly in, aui,
as practical right for any supposable imaginable
case that may be suggested consider this ques
sson Of the right OF revolution. have shown TO
you upon what principles, and upon what substantial
question between subjects slaves being participants
In tho British government, colonies sought attempt
oil ana achieved their Independence AS have said 10
yon very brief experience showed that they needed
70 meet the exgences Of their situation the establish
ment Of government that should DO in accordance with
the wishes and spirit Of tho people in regard Of freedom
and yet should pe Of such strength such nuiy would
admit OF prosperity being enjoyed under IT, and its
snd power beng established among the nations OF the
earth Now, without going into the theories govern
men and of the rights of the people the rights OF the
rulers, to any great extent, all know there
been every variety Of experiment tried in the course Of
human Affairs between tho great extreme alluded to by
my learned friend orr. Brady, of Egyptian slavery
70 THOR king-botwcfn tho extreme instance OF an
entire population being scarcely lifted above the
brutes in their absolute subsection to the tyranny
ruler, so az that the life, and the soul,
and the blood OF a whole generation Of men
should DO consumed In the task OF building a mausocum
~ .o save ~ knR-down 10 the later Efforts OF our
race eliminating IN the happy OF form Of
government, 10 establish foundations where liberty
and law might find equal support the principle Of govern
mcnt that government by and for, and from all the
people that the rulers instead OF being their masters
and their owners, their agents their servants
plain, practical and equal rule which by e from our
Creator, enjoy Now this you will observe is qucs
lion which readily receives our acceptance But the
great problem in reference TO the freedom Of people
le establishment Of their presents itself in
snis wise The people, in order to maintain their
freedom, must BIO masters N their government,
% that the government may not be too strong
10 It's arrangement Of power 10 ovcrmnscr tho people.
but yet the government must be strong enough maintain
ana protect the independence OF tho nation against the
asgessons the usnrpations and expressions OF foreign
nations Here you have difficulty raised at You
suppose either the freedom OF the nation by making the
government too strong for the individual
Independence or you expose It's existence by making
Too weak TO maintain sof against the passions interests
and power Of neighborng nations. If you have large
nation counting Its population by many Millions and the
scnmcrence Of It's territory by thousands Of miles how
e
shall not, in tho interests Of human passions grow too
strong for the liberties Of the peoploS And abandoning
m Despair that effort and that hope you crcumscribe the
limits Of your territory and reduce your population within
. narrow range, how you have a government and a
nation strong enough to maintain itself in the contests OF
the great family OF nations mpelcd urged by interests
and passioDs2 HcrU is the first peril which has never
been successfully met and disposed OF any the forms
OF government that have been known the history of
mankind, until At least solution Of 1t was at
tempted and unless II has succeeded ard can maintain
ITSELF But again. this business OF seieoyernment by
y rftca and npsthi
spirit and object The object Of any FREQ government is
tna tho people, as individuals, may, with security, pur
sue their happiness. We do tolerate tho theory
that all the people constituting the naen are absorbed
into the national growth and life The reason why we
want free government Is that be happy under
and activities according to our nature
and our faculties But will that it Il of
sne essence Of being abo TO pursue our own business
under the government under which live that we NAV
% 30 according to our notions OF what they are or
the notions OF those who inteligeny informed or
participate in and sympathize with those interests
therefore II seems necessary that NIL Of these every day
Fights of property, of social arrangement OF marriage
Of contracts everything that makes NJ the lie Of So
Cal community, must be under tho control not OF re
mote or distant authority, but Of that limited TO
and derives It's ideas and principles from local conm
nNy Now, how can this be in large nation in nation
Of thirty millions distributed zone of tho carh
How are to got along New York how are others
70 get along in south Carolina and others in New England
IN al the every day arrangements that proceed from GOV
ernmcnt and laws affecting heir prosperity their free.
DOM their independence their satisfaction with the con
dition IN which they hvcS How can We get
along II NIL of these minute and every day ar
rangements 10 proceed from q government
which has to deal with tho diverse opinions tl,c
diverse sentiments the diverse interests Of so extensive
nation2 Bu it, fleeing from this peril you say that you
may reduce your nation you fall into another dfcty
Tho advanced civilization cf the present day requires for
our commercial activity, for enjoyment Of lie com
forts and Injuries Of le that tho whole globe SHAH be
Tansackcd and that the power OF the nation which we re
Cognse as our superior shah be able protect our ell
zess IN their enterprises, in this activities their ob
tects all over tho world. How little ma ION made M
oil Massachusetts, or made up Of South Carolina have
nag and power which can protect its commerce in the
East Indies aid in the southern OCEAN, AGAIN. we dnd
that nations, unless they separated by wide barres
necessarily, in the of human affairs come into
collision; and as have shown 70 you The only arb
trament for their settlement is war But war is n
Hcourge. unmitigatod scouree so long as IT lasts
and in itself considered. But for objects which
make IL meritorious and useful il il sco,ree
never TO be tolerated. II puts in allegiance oil indv
dunl rights, interests schemes until the great ccntro
versy which wa. has taken possession Of Is settled
Mr. fNars quoted Pinckney's speech before the Sont
Carolina Convention, when urging the adoption ii he
federal constitution and also quoted from II Alexaper
Stephens celebrated speech before The Georgia Icisa
turc against secession He commented upon The yaTiis
points made by the counsel for the defence Referring
10 the letter from Garbad 10 cur Consul at Antwerp lie
said-Garbadi who hls had some experience and know.
tho difference between efforts to make people lrce he
knows, also, something by experience Of the waflike
and apparently successful efforts OF tyranny and knows
that failure, temporary does not ecesgsrilv So
force, and fraud aud violence permanent success
He knows The difference between restoring rni.yi,ei
people to free government and OF putting down The
forts of people TO get up free government He knows
they arc two different things, and if the war be moi
rghtresh from the gories of securing the liberties Of
Nalyto assist Ia malntaininr--what? nesrotismY MOI
the liberties OF America (Applause.) one OF tho
learned counsel. who addressed you 10 a strain
oil very effective and persuasive coauence charm
ed US all by grace OF alluHion t. a celebrated
and classical history, and recalled your attention to lis
effect Which, the States Of Greece, which had wsrrel
against Athens anticipating her downfall beneath The
prowcss OF their arms met 70 determine nor fate nna
whom vindictve Thebcs and envoas C1sinh counscred
her destrncton the genius Of tho Athenan s,pho,rs
by the recital Of The chorus Of tho Electra Sisar M
cruel purpose by revy.ng tic early gories II united
Greece And counsel asks that shall be given 10
punish harshly by restriction these rcyolled states Il
they shall be conquered. The voice OF Sppnccs h he
chorus OF the Electra aud psc glorious memories az tie
early Union, were produced 10 bring back into the Of
old confederation the erFng but restricted rebcinua
Attica. SO, too what shat hud ~ tie memories az
the Revolution IN the coluence with which we have
been taught to revere them but wha, viii urgc us an
by every duty tosbe past 10 the present and 10 lie
future to do what can, wherever duty is rcposed IN
TO sustain the government in ITS righful assertion az
authority and IN the maintenance Of its power. And
let me ask your attention what has been said
the genius Of Webster great theme the memory
Of Washington bearing directly on al these questions
Of Union, of glory Of hope aud OF duty which arc u
VOWED in this inquiry See whether. from th6sc views
thus invoked there shall follow the same puonce Us
from the chorus of the Electra for the preservation thu
protection the restoration Of every portion what
was and now ~ and lot us hope sba! be