The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-31

seas, q which they might be guilty, in the absence OF
srch authority And, under this principle il has been
Insisted by the learned counsel for the prisoners that
~ nmsson OF tho Confederate States by It's Presi
ae T. Paws, 70 the master and crew of the Savannah,
which Las boon given N evidence affords such defence
support OF THIS position, Il is claimed that the Ionlee
rate states nave thrown on the power and authority Of The
general government have erected and independent
government in It's place and have maintained II against
the whole military and naval powor Of the former that II
IL government, at east DE- (acio and entitled to tho
rights and privileges hat belong sovereign and indie
pendent nation. The right also Institutional other
wise has been strongly urged and the law Of nations and
the commentaries Of eminent publicsts, havo been
feTred to as Qualifying tho secession revolt OF these
been displayed by the learned counsel for the defence
this branch OF the defence. But the Court deem
pertinent or material, to enter into this wide field Of
inquiry This branch Of the defence involves cosdea
tons that do not belong TO tho courts Of tho country
II involves the determination Of great public political
questions which belong 10 departments Of government
tnat nave charge OF our foreign relationships legislative
and executive departing nts; and, when decided by hcm
tho court follow the decision and, until these depart
ments have recognized the existence Of the govern
ment, the courts Of the nation cannot Until This ecog
milton OF the now government tho courts obliged to
regard the ancient state Of things remaining as un
changed. This has been the uniform course Of dccis
ION ind practice OF he courts or the United States
The revolt OF the Spanish colonies Of South Amer
Gu, and tho new government erected on separating
from tho mother country, acknowledged by act
OF Congress- Oh the recommendation OF the President in
1922 Prior 70 this recognition and during tho existence
the declared policy Of government 10 treat both par
ties belligerents entitled equally to the rights Of asy
um and hospitality and TO consider them IN respect
the neutral relate and duties Of our government,
equally entitled TO the sovereign rights Of against
each other. This was also tho doctrine of tho courts
which they derived from tho policy Of the government
following the political departments OF the government
II respects our relations with governments erected
the overthrow OF tho old And H this is the rule or tho
federal courts In the case Of revolt and erection Of
new government as II respects foreign nations much
more 10 the ruc applicable when tho question arises in
a,.nIta t1xn
nen within the limits and against the authority OF the
government under which are engaged in
her laws And IN this connection, II is proper say
that tho Confederate States must first be recognized
by the political departments of the mother
IN order to BIO recognized by the OF the country
namely the legislative and executive departments we
must look 70 the acts Of those departments as evidence Of
the fact The act Is the act OF tho nation through
constitutional public authorities. These gentlemen are
all the observations We deem necessary 10 submit YOU
Tho case is an interesting not only In the principles
vovcd but TO the and the prisoners the
III has been argued with research and ability in proper
ton TO its magnitude both behalf of the prisoners and
tho government and do not doubt with the aid OF
these arguments and the instructions of tho Court You
will be enabled TO render an intelligent and just verdict in
tho
The jury retired at twenty minutes after three O'Clock
AT six O'Clock they came into court Their names were
called, and the inquiry made by the Clerk whether they
had agreed upon their verdict Their foreman said they
had not Ono OF the prisoners having felt unwel had
been removed from the close air Of the courtroom and
some little delay occurred until no brought in.
Judge Nelson then said We have had q communjca-
,on from one of the officers n charge q the jury rom
TO Iwould inquire whether the note was from tho
jury'
Judge Nclson-We would prefer that tho iurymen or
any Of them who may be embarrassed with the Difficult
ties referred TO- should himself state tho inquiry which
he desires TO make OF tho Court.
Mr.. Powell, Of the jurors, said that the question
was whether h the jury believed that civil existed
ent or il the jury believe that tho intent 10 Commit
robbery did not exist in tho minds Of the prisoners
the time, it may influence their verdict"
After consultation with Judge Shipman, Judge Nelson
sad-As respects the first inquiry Of tho juror, whe
tier the government has recognized a state of
civil war between the Confederate States and
itself the instruction which the Court gave the
jury was, that this Court could not recognize a
state of civil war or government Of the Confederate
Of the government mad recognised such state Of things
the President hnd BOTH and that the recog
milton was national act, and that We must look to the
Of these departments Of tho specifically
the evidence and for the evidenced the recognition Of
this state Of things and the only evidence respects
the other question whether not If the Jury
were Of opinion, on the evidence, that these
prisoners did not intend 10 commit robbery the
high against the property Of the United States they
were guilty of the offence charged; that is mixed
question Of law and fact the Court explained TO you
what constitutes the crime of robbery the high
seas which was the fcloniors taking of the pro-
perty of another upon the high seas by force, by
violence, or putting them In fear Of bodily injury
which according t. the law, equivalent to actual force
md that the term felonous interpreted Ivy the law ard
the courts, was the taking with awrongul intent de-
spoil the others Of their property. These clements
stue tho crime Of robbery. Now is for you TO take
up the facts and decide whether tho evidence the
brings the prisoners within that definition. The Court
viii not cncroach upon your province in these respects
but viii confnc itself to tho definition Of the law.
Another Of the jury George b. Hanscl and said
One Of the jury not myself, understood your Honor TO
charge that there must intent 10 take property
Of another for your own use
Judge Ne'sonNo, did not give that instruction. Tho
jury may withdraw.
The jury again retired, and, there probability
Of agreement at half past seven O'Clock the Court adj
journed TO eleven O'Clock Thursday (this) morning
When the Judges came in Mt O'Clock they were
amused and smiled ut the sight that presented before
them. There were all tho prisoners (cxcept Captain
Baker, seated at OF the tables Of the counsel and
enjoy ing themselves at substantial meal prov icd
them by the authorities
THE TRIAL OF PIRATES AT PHILADELPHIA.
Pun AprrpnIA, Oct. 80, 1861.
Ibcn Lane the last Of the en Davis pirates, was ac
quilted the ground that being the navigator Of the En-
chantress after her capture he have delayed hor
progress, preventing her arrival at rebel port because
in sixteen days the vessel only made 200 miles Lane al
eges that he sailed the vessel north during the night
south during The day.
Thomas Quigley David Mullins and Edward Rockford
were convicted Of piracy last evening.
The schooner Specie, captured OF Savannah bound for
Havana, has arrived at the Navy Yard
GEnR1T SMITH ON THE CRISIS.
The Church Of the Purans Union Square, was flied 10
overowing last evening consequence Of an announce
TINT Gerrt Smith would hold forth on the state
and Needs OF the Country"
The opening part OF the address presented nothing spe
cal though occasionally Mr. Smiths remarks elected the
applause of the audience. The FIRST manifestations Of
dissent and dsapproval called forth when he con
will hat f