New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-28
TRIAL or THE PRIVATEERSBEN.
UNITED STATES CIRCUIT COURT-ocr. 26.-Befor
Judges NELSON and sHIPAAs.
THE DEEFNsF.

UNITED STATES CIRCUIT COURT-ocr. 26-Before
Judges NELSON and sHIrAAs.
THE DEFENsE.
This being the fourth day of the trial OF the crew
of the Savannah for piracy, and the indications being
that it was approaching its termination the Court
room was densely crowded with interested fpecta-
tors.
Mr. Larocque resumed the reading OF the several
authorities on which the defense depended. The
opinion of Mr. Justice Johnston, Wheaton 1913; 18th
OF Howard; opinion OF Mr. Justice Mclean United
States w. Booth the federast, No >, page l26; the
same No. 46, pages 2l9 and 30. lie also read from
the American State papers, vol. -, page g. passed
april y, 1863; resolutions cent To Congress by Pres
ident Madison, i'll June, 1873, proceedings in the
/ Legislature Of New-York on the notification ordi-
nances; the message Of President Buchanan in lSG0
the proceedings relating 10 treason in the Madison
papersjou journal of the Convention page 22l. 1t was
probable he would be met on the part OF the prose
cuion by reference to section 10 of article of the
Constitution, forbiddng States TO enter into any
treaty, alliance confederation issuing letters of
marque.
He merely made these citations to show the CO.
ordinate jurisdiction Of the State and Federal Gov
eminent and the right of each TO Judge of the
pations upon its own constitution. The right Of al
individual State to issue letters of maIque was NO,
impaired by this section OF the Constitution The
right OF the Stale 10 engage III war to prevent az
gTesrlNe INVASION DN anCtnef Sate was also
teed by the Constitution. The defendants who
citizens OF other States could not lie convicted IT, at
the time Of their capturing the Joseph, they believed
that their relations with the United States had been
dissolved, and that their State by ite own sovereign
act had withdrawn from its political status in the
Federal Union. The lat proposition he would rub
nit was, that the acts Of both the President and
Congress- both anterior and subsequent TO the acs OF
the prisoners recognized state OF war between the
United States and the Confederate States. and he
tod the do al tadWalldQer
OF this point.
The United States District Attorney. Mr.. T.. Della
field Smith, then, the part oisthe prosecution, read
the charge of Judge Grer IN the case OF VIM.
Smith tried and convicted as pirate III the CONT st
philadelphia. on Friday.
MIR. Sullivan offered in evidence the log book
which was found on board the Savannah. II was
not objected to by the prosecution.
MIR. MAYER, of the counsel for the defense,
az foreign born citizen, TO Oef some few PROPOSE
tons on behalf Of eight men who are admitted 10 be
foreigners. lie cited various authorites and con-
tended With much force that these foreigners
not amcnable to the laws Of the United States for
| The ofense charged In conclusion, Mr. MAYER sub
mitted that as 10 the defendants who were shown TO
have been citizens of foreign States at the date Of the
alleged offence, under the present Indictment which
includes only piracy, the law is that they cannot be
found guilty Of piracy by municipal law the ignorance
OF which, foreigners, not igHorontfa tcgs but az
gOrOnfl0 Gacfi. Therefore the defendant Clark and
the other foreigners should be acquitted. lie hoped
that there would be but verdict for the whole Of
the accused and that should be verdict OF acquit
tai.
Mr. Brady said that before Mr. Eyart, proceeded
10 reply TO the law of the case, he would not
admit that Congress bad power 10 pass the ninth
ton Of the act of 1890, respecting the law Of piracy
MR. LyARTS FOR TIE GOVERNMENT.
Mr.. Eyarts did not deem Il necessary 10 occupy
much time in submitting to the propositions of law
npon which the Government rely. lie would frbt
ask the attention OF the Court TO the question OF -
Iisdicon which il not at all connected with the cues
ton OF the crime charged. The crime complained OF
is one which has no locality In the territorial juris-
diction of the United Slater. lie oonended tDst it
was wholly for the Government to determine by
which Of It's courts in the Union, the principle Of
It's own convenience, the case should be rcd IL IL
not for The defendant 10 select III the eye oi The law
The Judges are alike, and the districts are alike.
lie submitted that, neither under the slave trade
act, nor tina, for the suppression of piracy the al
tentative depends upon the apprehension within
particular district, making it district within which
they may be first brought. district under gov
ernmental control. Mr.. Eyarts read from the
charge Of Judge Grier 20 the Jury IN the Gaze
against Smith recently tried in Philadelphia, in
which that uttce held that the prisoner though ar-
rested ia another district, amenabie 20 the tlf-
cult Court Of Philadelph Mr.. Evarts continued
at considerable length 10 argue upon the jul sdciion
Of this Court, cited various legal authorities and
then proceeded to say: My learned friends have
spoken Of priyaeering as il il were one Of the rec
ognized, regular, suitable public methods OF carry
ing ON hostlties between nations, and that II ies
within the general protection and the general dig
nty which make c0mbatants in the field, fighting as
pubic enemies, and against public enemies, amena-
Die only TO the laws Of war.
NOW, my view, and believe the view of the law
books and OF the pubcsts of the present day IL this
that piyateerDg 10 The latt relic Of the carly and