The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-06-02


had asserted that the persons TO whom the inquiry
related not pirates, and for the following very
strange reasonthat pirate must be regarded hoss
hudri gnns but that those persons were not enemies
10 ali mankind and therefore, not pirates. "a
laugh) whereupon one Of the lords Of the Council
asked whether there could have been such thing
pirate, if person could within that category
who not actually at war with oil mankind. To that
question II appeared Sir T. Pinod DID not reply but CON
Uauehter) The learned civilian was then asked
whether supposing any Of their Maesties subjects by
force seize the goods Of their fellow subjects by land,
they would stand excused OF being guilty least Of rob-
piracy To that aueson also the learned civilian made
answer-(a lapgh)-and for the very good reason
their ordships would at perceive that there
pTS question N guilty Of piracy IL ssa he
might add Of opinion that IT equally manifest that
the by hts noble learned friend piracy
could not fairly said to exist; and, tho point
upon which II was desirable no misapprehension
should prevail, no had deemed to be his duty state
the opinion which he held the subject (Hcar hear
The LORD CHANCELLOR said his noble friend, the Pre-
sdent OF the Council had laid down the Law the point
ing Of the present proclamation English subject
into the service Of either of the beligrsNs The
person 30 acting would be liable to be punished for
violation Of the laws Of bis country and would have
right TO claim her protection 70 shield him from any
consequences which might arise There could however,
at the time be doubt that be ought not to be
regarded pirate for acting under commission from
state admitted to be entitled to the exercise Of bege-
rent rights, and carrying on what might be called
jsaum 5euun. Anybody dealing with under those
circumstances as pirate and putting him 10 death
would he contended, be guilty Of murder (Hear hear)
Lord KmGspowN sad he supposed tho federal govern
nent deemed itsex jnstided In pIlahin1 the ser1rdgMt
order in Inference 10 p7udeefng which has Issued lnas
much % America had iosistod upon maintaining the
right resorting 10 that mode Of warfare when had
been abandoned by the great Powers Of Europe In the
present case the Of the order was doubt based
the ground that tho federal government was dealing
with rebels who might BIO hung, as persons guilty of
treason 10 the State Of which they subjects That
was matter for their own consideration but he could
not help thinking that 10 act upon such view would BIO
70 have 10 apiece OF bArbAry which would raise
an outcry throughout the whole civilized world.
ne trusted, therefore, TIE orrle, question ,cas q mere
ns9un julmem upon which II was not Intended
% act Be that, however, as might,
the case assumed different aspect when looked
% with reference 10 the position Of English subjects.
This country had recognized, not as an independent
Power, but @ body possessing the rights of belli-
gaent the confederation Of the Southern States. There
fore they wcre treated as harSS roCer 10 e regular
authority for pripdeeins but She principe rs against
British subjects established by the prociaa was that
If they chose 10 engage in privseerirg and go act In
violation Of the orders OF their government they
should not have the right 70 call upon the government 10
Interfere for their protection. (Heer besr) Tbs de-
termination OF what contraband depend the
circumstances Of each particular cargo. Provisions,
though the5 might be safely seot under othex oircum