New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-08-29

(,rgtlus terms nlN"n un~ilsmh ttAbe IN Whff p'' /
tween the subjects of tho nation GA oae side
as represented in their countriea and tho sun- /
iects OF the nation, on the otter side. without
any formal declaration of war III apply the test
Has IL not already appeared het these officers, repre-
sentiny their sovereign, whcA b. pursuit o. this man
supposed have hs hands rcd With blood were afraid
the supDosed murderer wori1 escape eondign PUNISH
ipent What gave rise a. these fears Tho Auaniich
a. safe for gaton the streets ~ Newly amer
sun down And vessels are built W encounter anu OUT
ride storms and yet there was that tear ,hht lnn.
man, that supposed criminal would not relch we 1T.
Of Now. york. And whyi Because they feared tnat
var vessels nfesting tho highway Of natons sent ONT
from the friendly English ports by British subjects vould
tai from British Justice thai which British dsIce "ah ~
plrs uit Of Britain committing s1iede upon hcf o"hJo
lice That IL that indicates by the common consent
c that this treaty suspended because tnere
"A crate Of Whit the books call mixed, unsoem MHi'
war without any declaration on the part oi fne'
land or America. Here ero the authorities l cue
fret C;rolus Tho Law " Nations. Box LET chapter
lst: also Book vi, chapter Naite boos $ chal'ci %
That honest judge Sir Matthew Hele held the same zoe
frine; you viii find II IL HalcB Pleas " tho crown
pages l62 and l63 rutherford. BOOK "a ch"pier, y
section y To Zine, tab the docGnei.oIn Judgo
Cowen. who stated Inero gre thfoe sof.s OF VAT I"
hc, private and mixed. Private Wcr ~ uhkho"', Nv
civilized Nations public war Is carried on by pom NAT
tons their Sovereign capacity, miXed war An ne chr
ried on only by private parties ad public authofne, on
the other" citing Grotns - his athori'y iheh this
mixed war IL suD.diydc into solemn Bnd unspemn WH'
When liabilities are preceded by declaration OF war,
IL .ben becomes solemn. mixed war" and when teso
hoses aro carried without any public declaration
OF war il then becomes mixed. nnsoleiDn war Inc
effect of this mixed unlou state II war is 20 suspend
oil commerce aud trade, D.. closing Of tho courts
against the subjects % the ration. Carrying on ths
kind Of war, treaties are suspended between tnat ma
lion and the led, and debts canot DC ooe"u
by the citizens NJ that nation waging ibis mixed I'M
sole mn uo Il war, because when nation ooSes 70
control the acts ~ It's c'ens II ceases ~ De hhp
IL - idle therefore. ~ say that the men who commit
these dcpredntoms on our commerce, Anu n@'e ui'on
NJ from The ocean 70 List - /. una.fo fer me ~ SAL
from Now-york under tho American DAG have pre-
served national neutrality That nation must preserve
lis neutrality even by war st home II necessary, or
cose her treaties With the injured parties Ihai doo
thine | believe IL night and simple proposition hs
that must control my household or h%e nav posioh rs
IL pl,riarch True IL claims that neutrality IL kept
but il Is roI ,rs,rea nhh true, drn neutral hut iur'
nish yorr rebels ia arms ard anmunnon treat thein
bell ,eIents In lawful var send them ioth N LIP
OF war 10 burn your vessels by that Alabama ~h'ch
was not sunA hall quick enoughi send my yachts 10
snatch yopr prisoners from your 9fasp send men 10
murder youf engineers 1t tie wheel; |, Ch~stin
alton make YOU pay ten tho.sand dollars ~ a ransom
sci the machinery ct NY courts in motion "a save nom
the Justice Of the Ugud States man whose hinds are
stained with blood, bet hen one OF subecss 'ound
dead by the side Of a railway, ! send my steamers
arroes Tie ocean and cry treaty treaty treaty you
have torn that treaty to pieces three year, ago Nay
than that gcoGy aTgoSes baden WIN the onovesl
innsurrs Of tho uatoD have gone Gown IN c'unuesr
numbers by that vessel the Florida built Manned
gunn.d proysionc IN the neui ii port IL Groat Brlain
Notho that would have stioe must do lIsIce tne!
ust come here with clean hands and az friendly M
tion though / believe the people of England are ~
friendly tbis country ~ when she took the Frt coh
sui and Emperor ard chained him 70 n rock IN ulh
ocean But i is not tie people Who are here-'ou pees
tber-bit n IL the GOycrrmcnL ana Ne say W
that corporation that while We honor you ana
honor your Quocn--one u the best that has ever
relgned--end a short time since mated as on, man
10 honor her son and he 81 that wise and sood
prince our friend who died with blessing Tor or IA,
iiou on bis lips the government and queen IRE
By your mech Incs and citizens in VIII with NE niied
states. You engaged w naval war ard the timo
viii come ,psak plainly, beceuse. though private IN
dyidual, somebody must spak out for strong WORDS
the OF nations and nnffu% next ~
ihs rebellion can think Of no greater calamity than
y,r bof q cen this count ry and Great Britain which
We are rapidly drilling. Here, then. your Honor
has nm oppor uuity Of applying the ancient and well
knuwn doctrine that stale Of war spspchds cue
oooroion OF a. treaties ard that this treaty, whether
constitutional or unconstitutional must remain
dead letter Until this state Of war ceasee
have no sympotfy with the criminal desire ihat
Il this nan be guilty. he should be punished ara IS
cialv while We arc inviting engIaats Lon every ma
ton in TIE world 90 desire that this country snail NOT
b. made the Botany Bay ~ Christerd dom But taxing
the cts and the Inv in this though without al al
waving tho propositions i have be'%re A,ia GOV n
contend that safe. lie then referred e. the pro-
visions Of the treaty, and conceded that though un.
douhtcdy deth hy violence had been proved there Vas
not sufficient evidence 10 prove that u amounted 70
murder whether IL lad occurred by Violence sn'".'
)4rdHei ID" result 81 words spoken N heat e.I end
Ing 10 snch words did generally In blows and beiore
the prisoner committed. by the language oi the
Treaty and the act OF Congress The tou uissi' nor
mus, be satisfied beyond al reasonable doubt taat no.
only tbs that Of murder out that he was the
murderer Tie language ~ me ttaute Hade u.
Commissioner iuiy multiplied by ,xeNe. shd
unless he was satisfied that Nj. BTggs was
murdered by thr he would b. compelled 20 With
hold 81. certificate Mr.. Scha:'er then read the depoai
ton Of Thomas Lee. - the effect that beng OF Bos
station ON the uight Of the murder he Mr. Briggs
and spoke him when In the trnin and q NJ IN tie
same CON parncni Of the carriage with hm there eie
two men. tail and thin aud the Other short and thick
st With lnrge beard aud whskeIs lie argued rom
this that NJ Mailer was short aud thin aud evidently
never had q beard inlHtache. wBisket. there
fore he prosecution Lid evidently not got the rgl
"a mofifh kIsl. and there
evidence 20 show where be that night or whether
be was absent from hL homo Oh that nisit
Nj MAkBrBi-Ihe.e si he wa alneui, srd came
home ON Monday morning.
aud IL certainly nh.cs somewhat against Rim bat W,
know that every act % human being IL srsce pbie ot
double Interpretation. True the chain and watch Of
tse murdered Lsd bceB traced 10 hL' peso>siOa
but the account he rad given of them 20 the ocer was
most likely and 1t had been vel. said that n there were
10 receivers there would 10 10 thieves How 10
know that the watch on my Pcrson has not been the
property OF murdered man. or the coat on my back the
subject OF lsroeny. although would AT steA That
,one man hsa said where I'd how be bought the prop
ery and putting that will the fact that DO da not answer
the description 81 either Of ha Two persona IN The same
meat Ofthe caIriege. who should certify
you b. the murderer and as The Secretary OF state
Ia send you back ~ thai COUNTY under tielty ~lieA
may not b. enforced. there 20 grand yodi trial
for your ef Counsel thea concluded an eloquent ero
ration by saving 81 hope the time viii come In spite
uf the forrbodings Of tho present, that can ny by
hands upon th, Law Book aud say that that re3ty bus
been y ii vp by both paIr but At present although
sp,ak perhaps more h a c.iDen thaG ~ lss'er.
feel tLrt fnglopd though profestdy ~ state O. pcac
is really In state u war with Us and va are ~ ~
more by this Of peace thar By actual and III
We had sent out feet aud surely Ihs r.proson ta
tiyes OF nation VI Monitors snd Farrsgo not yct
dead are worthy to meat the descendants u akeson If
this oaitle must In fought
M u.PBURy asked n he csSc for the ao,ased was
closed when Mr. BLASEys asted leave 20 pat lnspc-
TOR Tanner Tho stand FOR The purpose of .stzyins
ma 10 the identity OF tho excused with tho persoa
toned IL The depDstion by Thomas Lee.
Ins eo,oT 1AsHBg then c0nirOnfSd with the