New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-26
TRIAL or THE PRIVATEERSnEN
UNITED STATES CIRCUIT COURT-oos. 25-Belor
Judges NElsOS and snIPBAH.
TIE DEIfNsf.

Jodse, NElsOS and snPBAS.
TIE DEIENsf.
Mr. Sullivan arose at the opening Of the Court,
and said was understood that the different ordi-
nsnces If Secession passed by the seeding siatof
were considered in evdoLce. The Court aSented.
/ Mr. Evarts qualified that unless the contrary np-
pears, which amendment was accepted.
Mr. Sullivan read John Is. Floyd's letter. dated
December 80, relating 10 the Inauguration Of civil
strife and resignng LIS POSITION Secretary o. We.
Also the Presidents reIly. lie next took up The
correspondence between the South Carolina Com
missioners and the President Of the United States
the letters between Major Anderson and Gov.
PIckens in relation 10 firing The Star Of tie West;
tie Constitution Of the Confederate Sates; the new
Presidents inaugural speech, where It touches on
bis int uon not TO make war and on tie authority
of the Supreme Court the resolutions Of the Confed
crate Convention. inquiring to the Presidents in
tention, and Mr.. Lincons reply that he would pos.
sese hold, and occupy the property OF the Unl'ed
Sstes; and in any event, 10 the lest Of his sbiiy,
repe force by force; the proclamation oil PTe'idth
Davis in reference TO Letters OF Matque; tie act
recoguizipg a state Of war by the Confederate Cou-
press published May 6, 1861, and regulating the
mode OF capture Of przos; tie documents found on
the Savannah, by ylrtne of which, 10 great eni,
she bad been coifscated. They were read from the
Rebellion Record.
Mr.. Lord read from the diary Of the Rebellion
Record various iiems, such ~ the appointment OF
Jefferson Davis as President OF the Confederate
States aud the declaration Of the free navigation Of
l the Mississippi
/ Mr.. Sullivan read the Instructions 20 the priyA-
teer, enioiuing upon them the duty Of paying the
ericest egard to the rights OF other cOuniies and
the customs Of civilized nations; also, defining the
meaning Of conraband Of war; an act re ating TO
selling prizes and another 10 prisoners OF WAR rev-
erai extracts from Mr. Lincolns Message 10 the spe-
cal Congress dated July slso, several contrasting
extracts from Blchanans Message, Dec 3 icojy on
the Fugitive-Ssve law, IA oppotug State LtSiria-
tures the PROCLAMATION OF The Qucen oil Great Blt'
ain charging subjects TO observe siHct peuiihD I,
according 20 the law of nations at their own Pelli
and the proclamation OF The Emperor oil France.
A reoess Of ten minutes war gwen % TIE Jury,
| Mr. Sullivan then continued his reading oil docu-
men;s. The articles Of captuIation between oanuei
BarroD commander Of the forces captured az Hat
teras Inlet and Com. Slringhhm ana Gen. Batter
were read TO show thai the former were recognized
ar prisoners OF war.
Mr.. Brady read from IEGCharlestoH Courier of
June IL the Confederate order, signed by Z. X.
Miles and others, confscaiing the Joreph.
LENT Touplins Of the Hsrrist Lane sworntd
sells up ths Road. VIII Tie Coosdeists dag "a. :"
satoFtes Of ,he United States could not testify to
am exchange Of pIi,oncrs having takea place
| Mr.. Brady announced that the defense had con-
cluded their evidence.
Mr.. smith the United States Dstrict-Attorney,
called for Capt Meyer, and other wnesser, but i'm
medately recorfidered himself and said they would
refrain from Gaining OdCh dnI Nlherres'
Mr. Lord proposed TO the other side that the Pro-
pramme Of summing up should be understood be-
tween them in order that the defense might divide
the subject some addressing the Court, While Others
might conline themselves 70 The Jury.
Mr. Evarts made the desired reply, and began
reading certain points of law relating 10 Tie consd-
eratons adduced of state Of war; and various other
points made by the defense The cares OF The United
States against Jones, against Palmer, and against
Tully in the Supreme Court, he slid oohtaiued all
the views with regard 10 the ingredient OF piracy,
or construction OF the statutes thaI the
would with 10 present, and the conmehtaIies
from elementary books aoduced properly Illustrated
the eaue Any violent oilense amounting TO treason
ON land. II committed on the seas, he showed
might he tried for piracy. lie read II precedent
showing that the doct1ae OF ~ beng duty iof u
subordinate TO follow q superior Ia treason was d
yery false aud peInciOus ONE Although IN.
original power Of the chief mnghirate nigh' DC
overcome by military power Tor lbe uine o,ihg
40 as 10 suspepd the enforcement OF his authority
the 6agrancy of civil war, which gave Ire To The
asnect and drew after il the come lyences OF war
was not abrogated any more than The euty OF az
legiance, the power to punish, aeeofuiug 10 w
municipal statutes, any inirteuoh thht Tue ieoe
might be guilty Of either in resJect 70 the llneipi
crime. or any other violation. JAdge Spragues late
charge to II jury in respect TO piracy was feau,
sho>y that pfivteering had been ABOLISHED, and ina
lany nation, according 10 modern agreement, nigh
refuse TO recognize private tiuiseB otherwise tha'
as pirates, or nisht TIKI the halfway course o
England, or favor the crasers' ride entirely. Acis
was quoted TO show VA any private or pa1Le SUI
had he hight 10 swex and bring IN pirate en0'n7