The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-31

as they now aro before you-the constitution Of tho
United States the laws OF the United States tho
sion Of this learned Court derived from the government
Of tie United States the venre ana tho cmpannelne of
this jury made under the laws and by the chief agis-
trate OF tbs United States found on our side asserting
The law and tho government, met their side by
nothing on behalf Of the prisoners but the commission
the power Inc right tho authority Of the rebel govern
mont, from Jefferson navsyou are asked. by the law
OF under the law or agniIs, the law In form TO
rc.'gnae .hls power and thus TO say that tho folly
ana weakness Of free government finds this
its last extravagant demonstration you are
asked 70 say that the vgor the Judgment the and
inc DUTY Of jury To conne III selvcs their respon-
sb'y on the facts OF the case worthless and yield
ing before Impressions " dscrrsvc and loose and gene
r na.urebc sure OF II, gentlemen, that there Is no
choce on what suppose TO DO the facts concerning the
particular TRANSACTION but TO determine that govern
ment and its authority in the promises Of this trial for
the purposes Of your verdict IL met and overthrown by
the protection thrown around the prisoners by the govern
mcn OF the Confederate States Of America actual ncip
ent let ns hope that will do what falls to your share
IN the post Of protection which you placed in for the
liberties OF this nation and the hopes Of mankind for in
surrendcrrg them You form part OF tho record the
grave Of the fabric Of this and Of the
hopes OF the human race. where flag shall droop with
every stripe polluted and every the glor
ons legend Of Liberty and Union, now and forever ono
and inset arabc replaced by this monrnfu confession
unworthy of freodom-"Our baseness has surrendered
the liberties which had neither the courage nor the
Applause throughout the followed tho close Of Mr.
Evarts Speech as had also been manifested after
Of it's most eloquent passages.
THE JUDGES CHARGE.
Judge Nelson then proceeded to deliver the charge OF
the Court in which Judge shipman his associate
Cured
l. The first question presented in this case is whether
or not the Court has jurisdiction OF the offence This de
ponds upon clause OF tho 18th Of the act of Congress
OF 1925, as folowsAnd the trial OF all offences which
shall he committed upon the high seas, elsewhere out
Of the limits Of any state DISTRICT shall be In the district
where the offender s apprehended or into which he may
no first brought The prisoners who captured by
an armed vesselof the United States of Charleston g c.
we're ordered by the commander of tho fleet 70 New
York for trial but the Minnesota board Ct which they
were placed destined for Hampton Roads; and be-
came necessary therefore, that they should be there
transferred another vessel They were thus trans
fcrrod 10 The Harriet Lane and after days de-
lay, consumed in the PREPARATION they sent TO
this port where they were soon after arrested by the
civil authorities. IL Is insisted behalf OF the prison
ers, that, inasmuch "a Hampton RoaGs 10 which place
the prisoners taken and transferred the Harriet
Virginia tho jurisdiction attached in that district that
was the first district into which the prisoners were
brought The Court Is inclined 10 think that the crcum
stances under which tho Minnesota taken TO
Hampton Roads in connection with tho original
order by tho commander ihat the prisoners
do 1T mako ont bringing into that district within the
meaning on tho statute. But not disposed to place
tho decision Of this ground The Court is Of opinion that
the clause comforting jurisdiction Is in tho alternative
and that jurisdiction may he exercised either the dis
ric in which the prisoners rst brought in that
In which they apprelcnded under lawful authority
for the trial of the offence This brings TO the merits
of the The indictment under which the prisoners
are tried contains ten counts The first 1--we framed
upon the third section VI tho act Of Congress Of 1890
which as follows THAT II any person shall upon the
high seas" q "commit the crmo OF robbery in
upon ship vessel. upon any ships company
shall be adjnlged 70 be pirate" and upon conviction
shal suffer death The Ave several counts charge sub
stance that the prisoners did upon the high enter
in and upon the brig Joseph, the being American
vessel and upon the sbns company, naming them; and
did thcn and there piraticay, ieonousy and violently
mako an assault upon Thorn and put them in personal
fear and danger Of their lives and did, then and there
the brig Joseph her tackle and apparel her adng (dc
scribng n which in the custody and possession Of
the master and crew. from the said master and crew
and from their possession, and in their presence,
no se .ns 0shs ,ato ana and
away against the form OF tho statute, &c
There are some variances in the different counts, but It
will not be material 70 notice them II will be observed
that this provision Of the act or Congress prescribing the
offence applies to al persons whether citizens foreign
making distinction between them and is equally
applicable therefore, 10 all The prisoners at the bar The
remaining five counts are formed under the ninth section
o. the act Of Congress Of 1870, which Is as foiowsIha
said any act Of hostility against the United states or
any citizen thereof upon the high seas under color any
commission from any foreign prince State or on pre-
OF authority from any person. such offender shall
Notwithstanding the pretencc Of such authority be
de- med adiyed an taken 10 be pirate fclon and rob
bcr and convict, op shall suffer DEATH These five
counts charge that the prisoners al citizens the
United States and that they committed tho forth
in the previous hse conts relenoe Of authority
one Jefferson Paws, AZ tie provision of the act of
Congress upon which these counts are framed il APP
four OF Tho prisoners DO brought within 1t,
ne the other eight are admitted to be foreigners
The four arc Baker Psssaaig and Harlcston
The distinction between the provisions Of the third section
Of the act of lS9 and the ninth section of 1890 the
counts in the indictment founded upon them out Of
a familiar principle of international law and which is
that in state Of war existing between Two nations either
may commission private armed vessels carry war
against the encEi. ON Inc high seas and the commission
viii afford protection ia the Judicial tribunals OF tho
enemy against chatgc 81 NE crime Oh robbery or pra
cy. Such ccnm sion would be good defence against
indc ucr the third sci.cn Of 1890 by force Of
the above rule of International law The ninth section Of
the act o $50 ca the rule respects citizens OF
the United States who may take service under the COM
mission ol the private armed vessels OF their comfy II
declares respects fe,p tho commission shall not
be admitted as e pee aud us this legislation relates
only 10 our oyp ycns and pescrhcs rule Of action
for ihcn and respects he citizens or subjects OF
other cories, 90 not perceive that any exception
can be taken g tie ao, rs unc astuonal ~ otherwise.
case il viii not be necessary 70 trouble
you with any observations IS it respects this
ninth section III respect TO Ike several framed
unde: it, betwe si.' cenhne our observations copsd-
Grafton Of the h' seciion or the nc, Of 1890 There
be no injustice to tho prsc1ers in thrs restricting tho
examination az any authority FOR Che preparation OF tho
acis charged III tho Indictment iopded upon the act of
1890, VIII be ecu NY available 20 them. Nor there
be any Injustice the prosecution for unless the crime
OF robbery prescribed in the act Of 1890 is cs,ab-
hshed against the four prisoners could be under the
ninth section Of 100 The crime in The two acts Il The
for all tie prpcgcs Of this trial. The only dlar
ence is the exclusion OF part clar defence under tho
latter Now, tho crtnc charged is robbery upon
Americas vessel on tho high seaa and hence Is ncccs
sary that We should TN our attention to tie inquiry,
villa, constitutes this onepees II has already been deter
miod ny the highest euthortylAe Supreme Court OF
the United Statcsat mast lCoa 30 the common case
fol q definition OF the robbery IL is 10 be pre-
sumed il was used by cong HE act in that seise
and taking Ibis glr ~ oar own grde it VIII be found
the crime ,onsssts II iins:-lhe icluniogs taking
Of goods property Of any valrc ffon The
person OF an TIER IN bis presence against his
viii, by violence, " lntttpg him in fear
The taking must he f,onoes--thut is taking with q
wronpfui inent appropriate the goods OF ether
10 need not be taking which, il upon the high
seas. would amount TO piracy according 10 the law OF
nations, akat in Of The books called general
piracy or robbery. This Is defined TO be forciblc
tt ~ cdalion upon property uron the high seas without
awtsl authority done az no faTGr6itha; is, define
In this cuunectcn IN spirit and Intention OF universal
hostility pirate Is said 70 be who the sea in
armcf vessel without any comaliss lon from any
rgn state on his own authority aid for the purpose Of
se1ng Ivy force and apprpprltins TO himself without
Discrimination, every .ets. I've may meet For This
riraea according TO The natural Law, have always
been compared to roh.rS-iha only difference being that
ihe HE theatre the ogs of and the land
~ the chet And general robbers and pirates upon
no high deemed cneines Of tho human race
making VAR upon 81. m,nkiqd indtcfim nateiy-thc
'tinc icing cnc against the allaeg OF sccety-the
vessels d every Ercn have right 70 pursue, seze and
punish them. Now II j we!e Necessary the part OF
The government 10 hrns ne crime charged In the present
aiss the rrissiesa ti his Lcbtcn OF robbery
and !iracy, Is k9Wn &, jhr law 81 nations
thcie would be greet ilUlity Going either rIon
the evidence, o. perhaps mon be counts charged in
tho Indictment certainly UPON Tho evidence Eor that
l4ft Ana