The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-30
TIE CASE OF THE PRIvhTEERsMEN.
Trial OF Captain Baker and the Rebel
Crew Of the Savannah.
UNITED STATES CIRCUIT COURT.
Hon. Judges Nelson and Shipman presiding.

UNITED STATES CIRCUIT COURT.
Hon. Judges Nelson and Shpman presiding.
SIXTH DAY.
Oct. 2o-Thc United States Thomas Harrison Bake,
and hcelve Of The crec Of the Saronnah. The court this
morning was as usual crowded to excess There was
number OF ladies also present.
Mr. James + Brady resumed his argument by referring
to the opinion Of Alexander Hamilton to be found in
Gancrots History Of the United States pages 213 and
232 also TO the language of John Adams be found in
the book He read the following very striking pas
sage from speech made in the House of Representatives
in 1s4S:-
"Any people anywhere being inclined and having The
power have right to rise up and shake OF the ing
government and form new that suits them better
This is most valuable sacred rghta right which we
believe, is TO berate the world Nor Is this right
hned 10 in which the whole people of sing
Of such people that can may reyolutenze anu make
their OF much OF tho territory they IN.
habit More than this, majority of any portion
Of such people may revoutiOnizc, putting down
a minority internngcd with near about them who
may oppose their movements. II is quality Of rovoli-
lions not TO go by Old lines or old laws, but TO break up
both apd make new ones.p Now the jury might think
that these the sentiments OF secossonst--o JEFF
DAVIS. No. These were from speech deliver cd BY
Abraham Lincoln in the House OF Representatives tho
I2h Of January, 1888. Counsel referred to Wheaton
International law, TO the ninth section of the and
several ether authorities and contended that the eight
foreigners should he left out Of the altogether and
il the government Of JEFF Davis is foreign power,
then the other prisoners citizens of foreign State
and not amenable to the laws of the United States. To
convict Of piracy there must have been violence used
the cmpoymcn of some 2cans 10 put the captain OF tho
Ioscrh in fear, and in this there was no VIC
leioc or threats proved. He then spoke Of the
question of variance % to the authority Of Je.ltr-
Davis 10 grant the commission 10 Captain Baker.
He referred to the United States against HarAa in 18th
Peters, where the prisoner indicted FOR stealing
Treasury for $50, bearing per INTEREST," bit
Il found that 70 bear mill per cent; object
taken ana tho Cort had that the variance fata
50 IN tbs case he Afr Brady conended that the Edc
mcnt designating The commission as having been issued
by Jefferson Davis without stating that he claimed
DC President Of the Confederate States variance
and fatal. Ii the gcN nmont mace the South a.
the cfeEee contend it did bv the acts OF Mr. Lincoln tha
South had perfect right to defend hcrseto yes.
ses and grant letters Of marquee and to oppose force
force After further arguent lIr Brady concluded
by say g:--Gentemen, will deian you but few
ments longer have endeavorcd to show In the fl st
place, that these cannot be convicted OF piracy b.
they had not the intent To steal essential to tho
commission q that offence, and that you the judges
whether that intent did or did not exist. II IL did not,
then these entitled to acauittl that ground
the act 1890 DO constitutional and il II can DO coz
sruc1 TO extend to like this. then eight OF pr
TO be discharged and the other four also thu
other four having acted under commission issued In good
faith BY government which claimed the right 90 have
c1isteice acted upon in good faith by tbense and
with the beel that they committing any law less
o. aggrees.on In this connection held II 10 he inia
tsai whether the Confcsorae right
established sufficient authority according TO the las OF
nations, ana to DO recognized as such, whether
merely government in fact Now, then, claim, be-
yond all that and apart from the question OF government
in law government In TACT that there state OF
civil which entities thtse defendants treated in
every other manner than pirates which may lave
dercd them amenable to he danger o. b<ing regarded as
prisoners of but which has made it impossible for
them to be ever dealt with feons. Now / am sorry
that 1t has become necessary in this discussion open
questions for debate, any inquiry about which at
tins particular juncture in history is not
likely to be attended with any great ADVANTAGE
Bat like my bro hrcu for the defence have enieayo "a
state freely itacssly, frankly and correctly the posi-
tons which the defendants haVc right to rely before
the Court ana before you IL would have been ingcn
acceptable TO my feelings citizen il had been
spared the performance OF any such duty But gentle
men. it fault. The advocate is Ct ve little
in the days Of prosperity and pcace The periods Of
rerose, IN projecting Your property aiding rcco
your rights Of civil nature IL is only when public
opinion o. the strong power OF government, the fona
bic array Of influence tue force o nation thu rary or
multitude Is directeda4anst you, that the advocate is
OF any use. Many years ago, while yet colonies
Of Great Britain there occurred this island what is
known as the famous negro nsurrocon-te result of an
such an Inflammation of the public mind that all the law
ycrs who then practsed ut the bar Of New York land 1t
is the greatest stigma pioiessiou OF which the
world furnish exgmple) refused defend the ac
cusod parties One Of them poor priest Of be-
lieve foreign origin. The consequence was that nume
rc,s conviotos took place, and great many cxccu-
tiOns Aud yet all mankind Is perfectly satisfied that
there yer was moro uniouned a more
idle tale and that dd ca murders perpetrated
the face VI tho earth inolcablc incxcusa
be moro without alation than the act TO which refer
How different IL at BIOS ton, the time what
called the massacre of Massachusetts ccts by british
forces The soldiers being indicted sought for coun
sell and they found two men OF x. cat emnence in the
profession 70 act Tor them One Of them Mr. Adams