Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1862-01-23
Row 10 Dispose Of the Prsvateerslaeu.

INV ~
Frim the St Louis republican,
Judge DAILY, Of New York, who. from the irst
outbreak of he secession war, has been distin-
puished for his patriotic zeal ia the national
cause. has Just addressed an able letter TO Sens-
tor Harris IN opposition to the enforcement Of
our municipal laws against the southern priva-
teers any more than against the soldiers on land
who have committed the crime of treason sgaiust
their country. We extract a few paragraphs
fro the letter as it is published in the New York
Tribune, which journal chsTactenzes It a. "a
lucid and strong argument, adding that what
ever opinions individuals may hold, or IN what
ever direction they may be inclined to lock by
their pTeiudices against disloyalty, it viii be inn
possible for them 70 avoid giving some heed to
the weighty words Of the Judge" We quote
from the letter as follows:
"What is the difference between the south
err soldier who takes up arms against the gov
ernment of the United States upon the land and
the southern priyateersman who does the same
upon the water7 Practically there is none
and if one should be held and exchanged as a
prisoner of war, the other is equally entitled to
the privilege. The court before which the crew
Of the Jefferson Davis were convicted as pirates
held that they c0uid not be regarded As priva-
teers, upon The ground that hey were not acting
under the authority uf an independent State
with the recognized rights Of sovereignty. This
objection applies equally to the maH-otwarsmen
in the southern fleets, and to every soldier in the
southern army, none Of whom are acting under
the authority of a recognized government. The
Constitution defines treason 70 be the levyinV Of
war against the United States, and the giving
Of aid and comfort to its enemies. All Of them
are eldhged in doing this; and although the
soufh3n privateersmen ma, fall specifically IN
der Ne provisions OF the act defining piracy, the
guilt of the one is precisely the same as that OF
the other. Tn question then adses-as there Is
IN point Of fact 10 difference between them-is
every seaman or soldier that shall be taken in
arms against the government to be hung as a
t~raitoTor apIratel
at Is natural that We should have hesitatei
70 consider the SJutheTn States In the light Of
beIigeIents before the rebellion bad expended to
its present proportions; bet now we cannot, i
We would, shut our eyes 70 the fact that war, and
wcr UPON a more extensive scale than usually
takes place between e%ontending nations, actually
exists. It is now, End II viii be continued to be,
carried on upon both sides by a resort 10 ali the
means and appliances known TO modern warfare
and, unless we are 20 fan back into the barbaIism
Of the middle ages, we must observe in its con
Duct those h0mGue usages in the treatment anC
exchange Of prisoners which modern civilization
|ss shown to be equally the dictate Of humanity
and Of policy.
The existing embarrassment is easily over
cone further prosecutions can be stopped, anC
IN respect to the prvateersmen who have been
convicted, the President, acting upon the sngges
ton Of the court that tried thea, can, by tn,
exercise Of tie nsrdoning power, relieve then
from their position as criminals and place theH
n that Of prisoners Of war"