New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-25

III
Day ives Born in Belfast lrelapdnryer usutszed CsIk.
ia -sni5afs Gerneny--asser nsr lied ouau g. born 10
PsuIer, In EdnbuTgh-nrver nauraned Cold, IA Galway.
Scotland rstusze4 Chsrle-ion Ia 1s5, Murphy
C@I spelled ia tie 4' ae ABR s ostsd
to being witness as had been understood he rid thai ho
Mr.. Eyarts rema ked tina there were four citizens,
and the rest were foreigners.
Lieut.. Miller Of The Re called bHt he dd not ap
pear pis,rictAtouey smith said hc would close Tho
OPENING BY THE DEFENSE
Mr. Iarorque OPENED for the defense at 1920
D. NJ. ard cid not sop until near q o'clock, making
an able aud thorough statement OF the law a. re-
laDg 20 the indictment ard facts, and AZ some ldces
putting new aspe I on tie case which was iayor-
able 10 the prisoners. lie first quoted and explained
te statutes at great length. related circumstances
bearing on the case, and gave bic opinion oil the
requisites that the prosecution must estbli-1 before
they can ask for conviction al the hands vi the
Jury. The pnrpOri Of the ,pee b was an indication
Of the line OF defense TO le followed by the conn-
selOr and his as OcHtes.
Mr.. I.orocque thought we had proceeded far
enough in this ese to make il manifest thar It IL ono
OF the most Interesting tisls tla ever took place On
tie continent OF America, if not In the civilized
world. FOr TIE first tiue otrtiinly la this country
twelve zen were put upon trial Tor their lives rs
pirates before twelve other men, The Dist iot-
Attorneys expression charging the prisoners with
btiug eneTies 30 tie hunan race, was eert.iiAly a
nitapt iicalion OF the term. Look upon Tie cir
cutittdhfcs OF tne Country Niiutf WHICH thI5 tldl
takes place All there pris)ne come from distant
section Of the coubtry, some were not born IN this
country, aud some we've. They all lived ju South
Carvliua, and were identified with hor welfare aud
government. They had families tie e. they had
hostile armies arrayed against ich ether bis
very morning uewspal or in TIE City Of New-lork
estimates the number tbus arrhyed az no les ghaO
1O1etO soul. These prisoners have the mlf rlnue
20 be placed upon their trial FAR IRON their bouie
They have now been under arrest for some four or
live mouths daring which period they have Lad no
opportunity TO conmunicat- with friends and rela-
uons, or procure the necessary means 10
bear the expense OF counsel They were
placed among tneir feliow-cOuntrymeu WHO nn-
fortunately have become enemies sud are tried by
them Tor their lives. IL is not q ease Of this sort
that the act, OF 1880 and 1870 made for; It is
nonstrons stretch Of these iatuJes 10 ask for
vic lon in such casa - this. With very great
respect for The constituted authorities Of land, to
whom we all owe ale, i4nce, be pcr.nied TO
woader that this cause Las been brought for trld
beioe you. j eanhOt help, in my own nind,
attibuing the Governments pressing tbi5 case, and
a similar going on In Philadelphia, 10 a
tIial simply az a Leabs o! Ratsfylog the minds OF
the community itself, viii h has been naturally
excited upon thin subject. hope for tire credit and
honor Of Government that such Is the case, al
believe that IL. officers here at Washington Will
rejoice in ala acquittal. Tie President may have
been urged by toe events OF tie day issue proc
lamaion which on sober secoud judgment had been
found more wisely Tot done. hope he verdict OF
traumcs Of proclamation which it may ilself wish
had never been Issued. Wellington Was la danger.
81 present there il scarcely day on which battles
are not taking place FROM one end ri the laud 10 the
other, with larger eouiendng armies than those OF
the reyOu ion and WHEN whole States IS one man
/ think no matter how mistakenly, that they have
grievances does war or peIce sanction the attempt
to treat it, opponents pirates, robeers, eDenes OK
the Buuran race At least there was the strongest
excuse for those who had read tie Declaration OF
. I,d. IN acf IA
II q Jury have learned what the Supreme Court VI
the United States has said with regard 20 the NIGHTS
Of States there at least an excuse Tor forming
Secc. sion notions. The clients In this cise
have right 20 all their sources Of informa-
tion The Jury have a weighiy duty TO perform
/ Mr. I.arocque inquired Wat Is the crime Of phi
watering and defined IL Ms differing from the So
cret and wicked work Of dark forecaste, the greet
aud oaly eud Of which WAS gain. Do pirates port
pl.cards in the streets Of their Intended cruie And
/ when they do anything, Will theY shswer you that
they are acting under tire the authority OF ten great
7 and sovereign Statesl In sludmg 10 tbe flying or
The American flag In order 70 deceive me Joseph,
he mentioned the encounter Of che old United States
friQate Constitution with five British ffigstes.
Ano' Der American vessel, merchantnsn, came 10
sight. and the British ship instantly hauled up !he
American flag 10 deceive her, while the CONSTITUTION
hauled up the English flag.
n me crime was robbery. il must have been COM
mitted with feloDious intent, IN support OF winch
many authorities were referredto Most OF the Pris-
oners must be tried 10 this court, as ony Tour are
Americans.
on which the defense expected to rely. The law on
the point OF jurisdiction read ~ great length
Suppose q murder had been committed IN Hampton
Roads, would h be supposed that any other State
tbun Virginia had the jurisdiction 10 Try II
The United States Constitution afforded protee-
ton 20 these prisoners the strength OF the com
mi.sion furnished by the Confederate States, WHICH
constituted he fart1 he Government Of part OF ths
Lett. stataa Iha Law rel difference
between Governmes Is d, fgctO and de JH5e was read
and commented upon. Mr.. Larocque proved that in
all ages citizens were Obliged TO Ray allegiance Z"
Governments dc fgcO. Toward the Last OF his speech
the law ia relation 10 State au1 General Govern
uient affairs, where they came in'o collision, was
considered the preference being given 10 STATE au-
tbu,itv in an argument that cannot be justly TO
ported without gong into details , A.
We bad all heard of what had been called 40 Tue
history of our country NulhhcftbBthe light o. the
reorle of a State TO decide thR law OF the CHieu
STATES should not operate among theni. III elmer Oh
the JuIymeu an importer, II was question
directly bet seen bin and the Government OF the
Tnited States whether the tariff should be paid IA
levied by tue United States. He might refuse TO
pav and the question tbeu goes lnto The United
States Courts. Ihus, in Judicial matters the Cnied
Slares was supreme But there wee cases III which
tue Courts OF law, aud tue Consiitt u bad not pro-
vidvd for the executive collisions between the state
aud the General Government. There being no com
nOn argument for the two the State has a neut 10
resort 10 the Last argument OF hings, ana 70 uiNe
way th. ,.issaies of the General Government, ny
,,riyare armed vessels Il necessary. HaaiJon, Mad
ison and various States OF the Nor'h and SCUM
asserted this prin iple. Kentucky ana 'ifB
MA in I7ss, NJ srachusetis, New'Jersey, az
t.rwsrls aud even the Supreme Court oi We
,d states De- ided that the only safeguard against
a conflict Of authority the eAs'eh'e oil sonie SUI
prems atbi,er Portions OF law were quoted " NOW
iuat Governors of S,atesre more conn eh' 10 jugs
IA 10 gong beyond constituted authority thaa the