New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-29

to bis country il would have gupe down IN dissrace
Such notions are unworthy Of civilization Ii thefe
m no other feeling which could influence your Juog-
ment, IL you have no sympathy with tbeee men,
there IL u sympathy whion you should have-theie
ia O sympathy for those brave spirits who have
fought for the Consii utDu. the UniDn, and the en-
forcement Of the laws. Tue prosecution has spoken
Of the exercise OF the pardoping power. i dc not
wish 20 ray that they do not believe it, bat think
ia delusion. Therefore you are to allow no con
sderations Of that character TO swerve you in the
discharge OF your duty. You have solemn duty to
| perform, and public opinion should not have the
| eligbteBt influence on your minds but you should
| be governed by that golden rule which commands
yoO TO do unto Others as you would have others do
unto you.
! Mr. Brady, for the defense, remarked that, before
! lie commen cd his argument, he would remind the
counsel for the prosecution, Mr. Evarts that he had
stated he would refer 70 the statutes treason, as
affecting this Gaze.
! Mr. Eyarts replied that he only wished TO refer to
the common la " statute, lich precuded the plead
my OF treas0nabe combination rs warrant for the
\ tTessOnable act.
MIR. Brady began his argument by SAYING that he
felt quite certain that all of the jury very much
gratiiied TO find that this important was draw
ing 10 q close aud be acknowledged TO the Court aud
the Jury his gratitude for their unexampled patience
aud C lis learned opponents for the calm manner ia
! which this prosecution had been condocted< aud lac
did Lot thuk he arrogated too much In saying that
our fellow citizens at the South would certainly 90
injustice to us aud themselves If they did not hnd Ill
this trial most gratifying evidence OF asplrit oi
right aud a respect for law. Yet al the same tlue,
sad be- regret as O native of this city aud as an
American citizen, loyal to the Uniln, and WHO will
continue 30 to tho end OF my existence, tbat we are
compelled 20 bring TO trial these pi,alical cases,
they are called. am not going assume that there
is DO some good reason for THE have not one word
TO say against my friend tue DstrIct-Aitoney, for
whom have tue greatest respect. Perhaps have
no right 10 arrig IA any at time when state OF
war rs existing in tue country. That n civil war
does exist is patent 10 the intelligence OF the mean -
mind. What liz to be the end OF this war, TO- which
all classes North have given willing aDd vigorous
eupport7 What l. it iori This question Is german
10 the subject az you will agree ~ 1t but not
TO look nc the result which il TO come
out of il. Everything has an end, aud
an end must come TO I'M. struggle
Are we fighting TO subugste the South, and DO we
suppose gu b thing possible Or are we lighting
| with q covert aud secret intention to establish
Slavery ell over The cOuutryi 80 tar No TIE 0Overh-
ment hes spoken will do 1t the justice 20 cay t has
given 10 Indication II such an IntentioD. Al II oe
Tor any purpose OF mere ubjugtion, or TO establish
Slavery over the coontry, the people OF the North
! will never submit TO IL. [Applausc. Tie great
onestIon for this Jury l. tbis-Have the twelve men
in this Courtroom, named IN this indictment COM
nited the crime called piracy or robbery we Or
cover that eight Of them gnefs four NATURAL
born citizens some Of them epieebled by illnessi
some of fhem are middle aged, and come OF them
/ not quite eighteen. And believe the sympathy
| which should dwell in every rightly reconstructed
heart will not deny to them the night 70 fair aud
] IMPARTIAL ,ri,l I have used the term pirae and
the term robber; there has been another te Ia VIII h
was once used viz sea-thieves, which | am happy
to have found. You all know what thief IA, aud l
ak YOU If yOu Can look upon these twelve men, or
any one OF them and say that You believe they are
tiieyes There is no difficulty II thee prisoners
were taken ia the legal sense before they entered
Hampton Roads- Bat OF that IL " no, clear. Dit.
Brady referred 10 the Of Hicks, a. bearing upon
the point OF iuiirdiction. IL sho-o men had cobe
, within ttis district aud committed felony, any
officer o. the law would have had authority
10 appruhoud them under the authority OF the CON
mon Ia w. In this indictment two kinds OF 0fense are
Ichnrsed--riracv by tie law Of nations aud pirac,
under the gth seciiun before referred TO- Piracy
|, defined by the tsxt-wrters as being privsieerins
without being authorized by any Ssse. No question
of fact Whatever was left TO the jury 10 the Phila
deuhia Gaze; reference WIS made 10 tine ethtntt
OF 1890 and nderslnud tie case was decl1ed unde
The statute of 1890 The question for this jury e
decide is, did these defendants capture The JOSEPH
with the view Of stealing her the other qnestioE
OF fact IL the existence OF civil The existepe,
OF the tHrand1 Is one Tor the jury 70 deter
| mine Mr. Brady read from Wheaton 10 illustrate
what 1. piracy aud what l. not piracy new l. TIE
felouious int nj 20 be proved IL i assumed by the
other eide thst every man 10 presumed TO know ti'
law. These men, II il said ought 70 have known
that the law did not sanction their acts IL IL SAID
: tn 4 II UfSrumtu 70 khos AhS INV
think II should be added 10 that except lawyers aud
. udge. For certainly you have seen eBoagh ia The
course of tbs trial show that ali the lawyers bert
do not gree among themselves. Another prerumP
. ton IL tnaL every man Is presumed u lhteno tnt
natural result 81 bis Hcte. Ibe counsel argued
auanst these presumptIOns ut some length, quoting
from various authorities III support OF ls positions
and showing the great difficulty IN Determining
what was tire law in certBiu involved cases. Il
would seem strange ii tie result OF all legs
|, history TO place twelve men IN Tue jury
box for the purpose Of deCicing that i am THE
when they well know sm not thief. The Con
frderue States, for the purpcse oi tits th occupy
precisely the position toward The United State
r Government that the thirteen colonies dld TOWARD
A England. MIR. Biady referred 20 tie early history
Of this country sketehing some OF the eHose'
n which led 10 the Revolution, aud showing the elem
4 .ncv of The British Government toward tie revote'
; colopis,s. which he coutended held precisely ~
rame posltion ne the Coniederates hold toward TIL
: Government to-day. when Whole S'ae has
mower 10 maint its independent position, tb'
> words instruction and mob are entirely out o
MACE Ia view of the history Of the past how eat
we ray that revolutionary right has been aunilh
lated, and that there are no circumstance unue
which any State of this Union can seceae from Tie
, rest suppose may refer 10 the Declaration VI
= Judepepdence, though il has been spoken against
abroad and hHs been termed by one OF our learned
{ statesmen as tissue OF sounding anu sH,'eriul
cepershte." II contains the principles which hsSe
ever existed 10 the history Of tie racri ana II tnt
princiIs which erl4y the revolution OF 100 are
= 10 be Lloted out, It must be BY proceeding nt9.
. ve,her different from this. The rieht OF revolt
I. ane lot to be exercised according as
T. S,ate revolted against ehall dictate. Tue
siavs when he attempts his freedom,
does not consult his master. did not suppose We
shonld CIV have 70 deal ia country with tbest
revolutionary doctrines There bus been but one IN
stance simar to tbs, which occurred III 1000 whert
ty men were charged with melting Az infurreeii0l
so,inst 81 ain la this country ghe principles which
nndeTlie the American Revolution have existed "a
lonv ma the Enp hsh language has teen spoken and