New-York daily tribune., 1861-10-31
7RIAL or THE PRIVATEERSliEN.
UNITED STATES CIRCUIT CouBT-oor so.-BefOre
Judges SHIrNAS and NELSON.
THE PROSECUTION.

THE PROSECUTIONS.
The Court met at IL 4 o'clock. The crowd which
has been in constant attendance dnring the progress
of the trial was bounded only BY the capacity Of the
courtroom.
| Mr. Evar;s resumed his argument for the prosecu-
ton. He contended that the position taken by the
opposng counsel Of the right Of Secession was ineon-
sisteDt with the purpose upon which the General
Government was formed lie combated this posi-.
ton as against the intent Of the Government in its
formation and in its practical working. The oppos-
ing council (Mr. Brady asks, what IL the Govern
ment should choose 10 impose the expense OF this
war upon the State Of New-lork alone 7 frankly
say that if the General Government should by its
laws impose this tax upon the State OF NewYork,
should advise the citizens not TO pay IT, aud would
like 10 know If there is any waIllse process by
which the General Government can exact the tribute
of such tax. Away with the notion, 30 foreign to
our actually constituted Government. Every act
Of Congress, must govern the whole Union; every
tax TO be Constitutional, must be extended over the
whole Union. In great communities opinions may
vnry, and honest continents mHy produce the enact
ment of laws by Congress which equally honest sen,
timeuts, expressed through Legislatures, may regard
as inconsistent with the Government Of the United
States. But for those purposes and oceasions an
ample, complete, and theoretical protection Of The
rights Of sl is found IN the absolute ideotty OF the
rights of the people and in the arrangements provided
by the Constitution itself testing every question
which touches the rights or property OF every eii-
zen Upon the theory that the States, in the
formation Of the Constitution, are themselves the
creators and the Constitution the creature pro-
ceeding from their power, viii my learned friends
tell me how these theories OF theirs have the
least application TO those States-which outnumber
the orignai thifteen-that now form part OF the
nationl Ont Of thirty.four States twenty lone have
derived their exstence-their permistiOn TO exist
their power 20 live under the Constiiution-iroIn
the General Government ilself, o1t OF whose teri-
tory these States have sprung into exftenee. What
WAS Louisiana al the time OF the great transact ons
Of the Revolution but q province Of Span and
afterward of Francel How did her territories and
her property come TO be State Government Ii
was through The very power o! the General Govern
ment itself come uow 10 consider the question Of
the right Of revolution. From the earliest ages
the tendency bas been TO secure III governments
a greater area Of liberty TO the people,
the latest effort eliminating in the happy
enccess Of our own form Of government, estsb-
6.bea on foundations where liberty and la~ might
find equal scope; where the rnlers, instead OF being
the masters of TIE people their agents and ser
wants But the great problem in respect 10 the free
dor of a reople in the establishments of q Govern
rnent preseuts itself In this wise free people, iu
o,der TO maintain their freedom must be tue masters
Of their Government. To secure that, Government
must not be too strong in its Constitution and ar
~ rsngements of power TO overmaser The peoples and
vet Il must be strong enough TO maintain and protect
the independence of the Government against 'be ae-
preston and usnrpatlOn Of foreign nations Ieie
you have difficulty raised at ouce. II dspoees oil
| the freedom Cf nation by making the government
loo strong for the preservation Of It's freedom or too
wesk 10 maintain the National existence against
,ba Das,ion or power of rivhl nations. Let us
inok at The right Of revolution as On attempt 70
over,broyy the Government. Mr.. kv8rts read large
Iv from TIE speech OF Alexander Stephens nous
~ the secession Of Georgia, in which he speaks OF
the fonn Of the American Government ns the best
The world ever saw; and described ut length the
bjegsiups which had heen showered upon the people
of this country sinoe the establishment OF s govern
ment. ThIt doctrine Of revolution appeals 70 our
gense of duty t rests upon Jscts ard upon purposes
as indicated BY those fncts. There ~ not an nct or
rroclsnalion-a an act judicial executive, or egl-a-
live on the part Of the Government, tbat gives tne
least warrant 10 revolutionary prcceedings. Inc
letter Of the South Carolnians on the revocation oi
their aleqaooe, disclose1 but Interpretations; 6rtt
that when any body any set Of people, eeate TO be
a majority in q government, they have rlght 10
leave H. and the o. her proposition, that threats were
made on the part of sone Ok the Northern STATES u
upToot the institution OF Slavery. Counsel went or
10 sho,y that the Southern States had not been de
nrved Inv the Government Of any of it's rights, bui
on the contrary bad enjoyed TO the inil eA'eI'
/ all the rigbte guaranteed BY the Conoulniop'
VOC eoncsde the right OF revolution you mus, aooP'
| The proposition of Soutb Carolina, tbaI "heh an,
intefest ceases 10 be q majority Ia government,
has a riplt TO leave it. There never was any othe
! interest but Slavery that had majority III TN
conntry. Did manufacturers ever have majority
! Did tie grain.pfoducinS iltefeht ever have ma
iority2 Did California gold ever have majority
II No Interest cv.t should have majority; but th'
Il concnrripg wisdom drawn out at tbeee conflicting
interests should produce system OF laws whiei
shonld tend to the general interests. Has sDy &c
ever been introduced iuto Congress TO abolish Sav
eryl They complain Of the stoppage OF the inter
State slave-trade. Has it been Introduced into Con
grsss in any form of legislative assemblies When
ia the decision Of the Supreme Court that holds tha
Slavery cannot 90 into Territory Everything
has gone in the way Of recognizing that right u
wit, the repeal Of the Missouri Compromise and th
decision Of the Supreme Court. Notification an'
the Fugitive Slave Law Who passed the fGgi
tive Slave Law Congress. Who has enforced 1t
Federal power, by arms, in the city OF Boston
Who he's enioined ITS observation upon courts OF Jus
tice and upon iuries The Justices Of the Suprem'
Court OF tie United States III their several distrlcs
| Who has pronounced IL TO be CONSTITUTIONAL Ih
Supreme Court OF the United States and the subordi
nate courts of the United Sates--every eourt, DC
i lieve, with the exception OF that OF the olele
Wisconsin are underground railroads, supported o.
Government, and paid by iti think not. can
not discuss all these matters. They are oe5el.p ~
gravity Of State nece ssi,es But, my learned inehds
having made 10 passionate an appear tnat 10 nI'
yidual lives should DO sacrificed, certainty h'sn
listen to the proposition that the lie oil grca. "a
ton should not be destroyed by these opinions OF 10
diydnslr. They say that it Is upon this doctrine
revolution that the Government rests. ~ CONF
down to the proposition Of Mr.. Brady thai cg'hs
to the same thing as power ana IBh'
Does common sesse recognize tna' oeoauo a.r
power aud right may, result IN tne s"b. i.
conseauences therefore there Is no difference oe
tween them7 Ii am slain by tue SWORD OF Jus',o ~
for my crime, or by the dagger OF the assassin y, ~
my virtue 1 am dead; but Is one Us rienI NO w W
oher7 An oppressive Governinens may 10 9.o'
thrown by the uprising OF the oppresseo anu H. IL
! Cemdcn's maxim may be adhered 20, that wne
oppression begins, the right OF resistance oee"~