New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-01-03

have agreed To dispense with privateerng. Il
is not our in, crest tJ do We marilime PEG.
BE, with / fge extent Of ssa-coast, which, while
Il leaves us g-ealy exposed to attacks by sea- at the
anne time affords facilities that render priyateenDg
to US one of our nest effective aims in warfare.
THIS WAS the case in our contest with England in
1879, and should wal now grow oa Of the aiia'r 81
the Trent priyateering would be Indispensable u
enable us to cope with so formidable power Nc thai
of Great Britain.
great deal has been written e.ainst this mode Of
warfare, bn nations he Elyiduas act upon the ln'
sinct Of sef reservation and avail Themselves d Tue
natural deeuses which grow ont OF their sit1slOni
end a System therefore which enables us to Keep
small navy in peace ard improyse large one III wal
v i'll never be rtliulnished became niions NAo have
overriding 10 lose or little 10 gain by iis Continuance
desire that il sIould he generally abolished. Beng
th'na legiiiaate mode Of making war' what Is tue
diferelce le'ueon tn. Southern soldier who taxes
No arns ngninst the Government of he United
States upon he land, and tie Southern fr'yaiee'F-
man who dves ito zane upon The water : Practically
there is none: and II one hcnd be held and OK
changed 40 a prisoner Of war, the other 10 equally
entitled to the privilege. Tie Court before when
the crew Of tie Jefferson Davis were convicted ~
pirates held that they could not be regarded as pr
ya;eers upon the ground that they were not "c1iS
under the authority OF an independent Ste rlth IN.
recognized rights Of sovereignty. This objection sp'
plea equally TO the maa-ot-wars men 10 TIE SoulL'
ern A.es and to every soldier in the S,athern army
uone Of whom are acting under the authority OF d
recognized 2 ,veyument. This Constitution defines
treason TO 10 the leyying Of war against The United
Saies aud the giving of aid and comfort TO its enc
miss. All of them are engaged in doing thisi and
although tie Southern priyateersmen may fail spec'
cally under the provisions Of The oct defining piracy
the guilt Of the one il precisely the same ss that Of
the other. The question thea ariSss-as there Ii
in roiut of fact no difference between ihem-is every
eenman or er that shall be taken IN srms agniDsi
the Government TO be hung ar traitor or pirate J
Ii the matter is TO be left to the Courts, conviction
and the sentence Of death must follow in every In
stance. In the case of The jefferson Davis The Court
said that duii,g civil war, in which hostites are
prosecuted on su extended scale, persons ia arms
against rhe established government captured by lis
naval or mitar, f5rees often treated not a. trail
tor, or pira,es bat according tie humane usaes OF
war. They are detained prisoners until exchanged
or discharged on parole, or If surrendered to the civil
authorities oui convicted, they are reepted or par
doued; but Ito Court said thot this was matter
with which courts and juries Lad nothing 10 do that
it was purely question Of govelnmeDial policy, de-
rcudil upon the decision Of tie executive on legisla
tive department Of the Government, aud net upon it
Judicial organ.
II Ibis view b, correct, the disposition Of this mat
ter rests exclusively with ibe Government, aud ts
decision must De prouounOed sooner or Inter, every
day increaees tho complication and difficulties grow
ing out Of the present state Of things. Arc the Court,
to 20 ont Il the Government prepared 10 ray that
svery mnn in srI-s against The United States upon
tie land or upon the water is 10 DO tned and exc
cuted "a a traitor or pirate either upon the ground
that il is right. or upon tie supposon that It VIII
Iroye an efFtc tve for sappressng The Rebel
lionl That policy wss 'ried by the Duke Of Alya in
the revolt Of the seven Provinces OF the Netherlands,
and Is 900 persons by bis orders suffered death upon
the scsGod the result being more desperate resist
snee. the sympathy Of surrounding nations, and tie
ultimate independence Of the Dutch. Neither the
Constitution oi the United States nor the act agins,
piracy was framed ia view Of any such state Of
things as that which now exists. The civil Nal
which now prevails il in it, magnitude beyond any
thing previously known in history. The revolt
ing States hold possession Of q large por-
lion Of the territory Of the Uuion, EN-
bracing great extont Of seo-coast, and
incladipg some of our principal cities and harbors.
They hold forcble possession Of il by means Of al
army estimated at 100000 men, and are practically
exeFcieing it ali tie power and authority OF gov
eminent. They claim 10 have separated from the
United States to have fouudeda Government q their
own and are in armed resistance 10 maintain i. To
reduce them to obedience, and 10 recover that OF
which they hoid forcible possession, it has boon
necessary for us 10 to military Of
than corresponding magnitude, until the combatsnts
on both sides have reached The pTodgOus number oi
a million OF men. Tie principal nations Of EsrVpe,
recognizing this state Of things have conceded 10 the
rebell.ous States the rglts Of begerel,s, course
of which we have no reason TO complain, as we did
prcisely the same ding toward the States OF Soath
America in their revolt against the Government Of
Spain. Il ia uatlral thst We should have hes.ated
L, consider the Southern States in the light Of bel
lgerents before the rebellion had expanded TO is
pr,sert proportions, but now We Cannot, If We would
s,rt our eyes TO the fact thAt war, and war uPon
more extensive scae than Usually takos place be-
tween cou,ending nations, actually exists IL is
now. and it will be continued 10 be, carried
on upon both sides BY resort 10 AL tie means and
noplinnce. known 20 modern warfare and uniefs We
are 20 fall ,sck into the barbarsm Of Inc Middle
Ages we Irus, observe in It's conduct tlose humane
uages in the treatment and exchange CT prisoners
which modern civilization has shsNn 10 be equally
the dictates OF humanity and Of policy. For every
se aman that we have arrested pirae, they have