Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1861-06-28

ILLEGAL CORRESPONDENTS WITH FOREIGN
GovERNMgNTs.-1He Lar Of Piracy. Judge
Sprague of the United States District Court
In his charge to the grand jury Wednesday,
said his attention had that morning been call.
ed to letter addressed to the London Times
by member of the British Parliament The
meant Mr.. Gregory in which that gentleman
had stated that he had received letters from
many persons, citizens of the United States,
IN the northern states, urging him to bring
forward his motion for the recognition OF the
independence OF the confederate states by
Great Britain, on the ground that such meas.
ure, if adopted by England, would tend speed
lily to bring about peace between the two
sections OF the country now engaged in civil
war.
The learned judge instructed the grand ju.
ry that II such "a correspondence had been
held by any citizens OF the United States it
was a high misdemeanor, and an indictable Of
tense under the law of the United States of
Jan. 30, 1893, 1,statutes 613 which provides
THAT If any person, being citizen of the
United States, whether actually resident in
the United States Cr in foreign country,
shall, without permission or authority of the
government of the United States, directly or
indirectly, commence or carry on, any verbal
or written correspondence or intercourse with
any foreign government, or any Of its officers
or agents, clth an intent 10 influence the measures
or conduct Of any foreign government, IF any Of
.fcerS or agent thereof in relation to any dis
putes or controversies with the United States,
or defeat the measures Of the government of
the United States ; or ifany citizen of or resi-
dent within the United States, not duly au.
thorized, shall counsel aid or advise in any
such correspondence, with intent as aforesaid,
he shall be deemed guilty of a high misdemea
nor, and on conviction shall be punished by a
fine not exceeding $4,000, and by imprison-
ment not less than six months and not over
three years" The learned Judge said that
the citizens might not be aware of the exis-
tence of such a law, as in the present cond-
ton OF the country it was proper TO bring it to
the consideration of the grand jury.
In the same Charge to the grand jury judge
Sprague gave very able and lucid exposition
OF the law of piracy and the distinction be-
tween piracy by municipal law and piracy un.
der the law of nations Congress, uuder the
power to regulate commerce, had declared
robbery of an American vessel by an Ameri-
can citizen, plracy-and hence persons on
board the pri 'ateers of the confederate states,
still being citizens Of the United States, were
deelare'l by our laws guilty of felony and pi.
racy if they committed robbery on the high
seas upon any vessel of the United States
Congress might call tie offpnse what they
pledecuJ Dui LUIS ulu moi make TIE OIe0QerS
pirates under the law of nations. hoStiS humdni
generjS and this had led to misrepresentation
as to the view foreign nations entertained of
piracy. Hence it was not well founded to in
fer that Great Britain and France were hostile
| to the United States because they recognized
| tile southern states in rebellion against the
United States as beligerents and having the
rights OF belgerents This was, on the part
| OF those governments recognition merely
for the existence of civil war, in which they
were neutral, and was founded on the law of
nations as uniformly recognized aud practieed
in similar cases bv the government OF the
| United States. 1t was no recognition of the
| independence Of the confederate staies though
| it had been so misunderstood and had given
rise to apparent i'll feeling. But taken as an
act OF those governments in conformity to the
law of nations in wars or conflicts between
colonies Or states and their sovereign govern
men, as in South Am erica and elsewhere it
went no farther than to treat the parties in
conflict as i'll an actual state of war, and the
vessels commissioned as.privateers as belliger-
ents and not pirates, SO lar us foreign govern
mens are concerned. AT the same time there
was no interference with the United States in
treating such ersons as telons and pirates
under our own municipal laws defining such
otfenses. We might do as we pleased in adj
mnlstering our own laws, but we could not
expect foreign nations to take part with US in
executing those laws by treating as pirates
those not recognized as such by the laws of
nations Post, June 26