New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-06-19
pINJsUmENT or PIRATES.

last, Judge DpTdSuo cudipcb tnc uidhu 0uiy VIZ
TIE subject of piracy quoting at length the
statutes to which we referred yesterday. These
enactments, he Observer are founded upon the
first article Of the Constitution Of the United
States, which gives to Congress the power to
define aud punsh piracy. and upon the power
vested in Congress TO regulate commerce, and
make oil lava necessary aud proper to carry
that power into effect. On the question OF
depredatiOns on commerce under tho assumed
authority Of q revolutionary government, the
Judge holds the following language:
"But IL tie Legislative and Executive department.
Of the Cover men, utterly refuse TO recognize sUch
new Government, or to acknowl-d 1t ne having any
beliqerent ional rights, and inetead 81 taking
neutral attitude endeavorby iorco 20 suppress
lions on comrneTce by such assumed Government, as
viol,tiug the rights and infringing the lave OF the
United Statep then the Judiciary will bold that suco
dot reda ons hot 10 I've considered as bcgrren ond
entitled 10 the immunles OF Lawful var, Out AS roo-
berry or other awle.s depGdsons, subject TO the pen
allies denounced by our laws against such ohenre'
The udc ary ccrtaiuy cannot adopt more lndulgens
rule toward those who arc Ia open rebellion aglina
the authority OF tho Umtod Sat'B o, or tOTa.d aliens
ron araipg with ard aciiug Jdeg the a9GUuied author
ity If such rebels. While tie other departments OF
The Government and tho nation ref 10 gard any
State or association OF Sistos IA having the fgbis oi
belligrIeut, carry ing Oh legitimate war ana are
,xertiup not on, moral but phyGc fOrcs sginst them
ms rvbels, AMI lawless aggressors upon The Upi'ed
STATES and its citizens, the courts also must soTegsrd
them and canno, admit shat any legslnion O asGmp
ton of power By such State or States, ca authorize
pcs In :, ation Of the lave Of The Jare1 states or
cha ngs the character of oiienset under shem.'
Such is tho law and the erpoundiDg Of the
law by judicial officer Of tho United States as
clearly applicable TO the case OF Pirate No. Of
JEFF. Dayis's letters Of marqDe. Neither tho
legislative nor the Executive department OF the
Government has recognized the Southern rebel
lion as anything but m insurect.on to be sup
pressed, aud the Judiciary have no alternative
but ~ treat oil cases coming within their juris-
diclion upon the same ground. A capital coz
yictlon. therefore, seems 20 await all pirates
who. like those 10 10 tried here neat week, we're
taken in tho act.
The only question remaining ia tho proprlety
Of tho exercioe Of Executive clemency. War
unquestionaHy is always bloody enough, ard
when we can we should lesu 70 mer:ys -ice.
In the case before u.s. corre!atlye 70 the ex-
idoDce Of war, It is n question Of e1podicncy
whether we should take life or spare il. The
cutting OF Of few soldiers, passing peace
fully through 8 city on their way to defend the
capital, and stoning them TO dchth in riot;
the ASSASSINATION Of Ellsworth in D town which
had already surrendered, and whose citizens
were under the protection Of the laws; the
attempted poisoning Of wells whose water was
10 be usea By Federal troops the nluitsrlesa
instances Of the murder Of Northern citizens for
DO other repson than because they were Of
Northern birth, by Inobs AID vigilance commit
tees at tho South; the offering Q reward, b.
statute, FOX al vLo should be taken, whether
dead or alive, By Southern priyatecrs; and the
desperate and cruel temper generally manifested
BY tho insurgents, certainly do NOT prOml. rs TO
be mtrcful when men aro taken in an act Of
piracy for which they know they are amcnAb,s
to the law. If ever d people provoked tie
seyero5t rstrituton, tho South has done 20 FOX
her many acts of cruelty AID torture upon unoi-
Tending persons, both men and women, for
many months.
But, il is answered, retaliation will follow.
It is difficult t. soy prec.5ely where tie Iino
should be drawn, If we permit Ourselves TO De
governed by that confederation. Tie South
retaliates upon any disposition tn part Of The
Government to enforce tho lava and suppress
iaslrrccton. If for fear Of retaliation We hcsi-
tate to hang pirates, and only imPFiscn thcm
gor brief period, we may be compelled pre-
sently to hesitate also at the.r capture and their
imprisonment for the sano reason. The South
las never been slow TO take advantage Of our
fears to compass her OWL ends. and if ehe can
scluco Us from prosecuting Tho war With yigor,
and from enforcing. with the utmost ssrinBency,
the laws we have for the prevention and puni,h-
mcnt of the crimes for which sho las special
procliyity, VIC shall never haVo done with sub
missions. II may, indeed, web be questioned
whether these very submissions DO not defeat
their own purpose, az no who yields TO bully
for the sake OF peace only proyOke5
fresh assaults and irerh iDdigai;ier. Ono
lesson Of severity may 80 far 10 do
that which lenisney snd f9rbeazanee, which
have been tried 90 loHg, hsyo failed to
DO. The people Of tho sOata sro ignorant, &C..
customed 30 violence, dominant ever q race held
IN sgbjcctioa BY rigid rule Of refined cEuolty.
and, Ike all senIi.c;yiizcd nations, have no faith
in a strength that 10 not made manifest BY the
exercise Of relentless force. They DO not can.
prehcnd the magnenimity Of power Until hoy
have been compelled to feel that II has grasp
in wl;ch they may struggle in vain. II IL tho
!ef.on of all history that the savage unt the
weak grow more ralon.leGs aid cruel if thoy lind
tha. crime meets with impunity. They must DO
tsusl. fear before they Can understand nsre!.