The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-03-19
the CHESAPEAKE PIRATES.

sr ycHx, n n, n~reA 10, lse<
rms u,cvu,as q eleven ocsccs snsu~so>S - ss~
sime ler ysdss Richie deliver Ne aeeisss y shs e~se
Of ne Cassaps ,ks pirates. Divh Collins, Js@s sekn-
pey nd LisW sssly. IAs Jedse sse 80 s~ss Dc ~
psaranos until some tina After Ne hour prumssd- ne
court room We crowded 70 svsreewns. ana 81
persons were obgsd stand out IN tss Railways leses
70 the room whore ths important declsca - -
dered. Anxiety Vas pictured % every lace. ana The
bresthess silence pervadsd the large sssembAea
when the Judge entered he coanss took their places
front q him. saA without any apology no began read
The counsel Tor the Uuised States hsssu. A. n.
wetmore, Q. c., and W. II ruck. ESQ, and ihose
for tho de endants-os the Confederate States, a. shsy
term themselvss-were Hon. john II. Gray and G. v.
Weldon. Before proceeding 70 1--WE summary o. ihs
Judges decision let arst give your readers some b.
facts in references 70 the case.
When the Chesapeake came into 81. John, Captain wn
let's, Of that steamer immediately informed our Consul
Mr. James O. Howard, Of the piracy, and he ihmsdisy
set TO work procure arrest Of the guilty pares
He informed BY the provincial authorities thai they
should bring tho case undsr ths Extrhoa treaty aud
then they would do all IN their power 70 carry ous NE ~
states "a and dres. Britain alike 1ppcasoo was imas.
dateiy made 10 Ron Chascs wascrs, Solicitor General
% Sn, o. sss
strtedfor The seat q the provincial govern
nsns A. soon = the Gaze w:s sd 1sa0Js NE
Provincial Secretary and Mr. Walters Solicitor General
ordered warran. Issued for re arrest q al the pirates
Justice At st. John, who hesupou Issued hs warrant,
based upon the ono issued By tho provincial
due time the parties named arrested and the
lninary examination took place Justice Gilbert do
cided that the parties were guilty q piracy and murder
be handed over United States authorities
Everything thus far showed the honesty o. purpose Of the
course to pursue was clear the MONDAY sun.
Tho rebel sympatnizsrs however. determined that the
habeas corpus and Judge Ritehe selected TO give
bis decision a. 70 whether y should or should
o. relative q &: !. n aa.sons
Dr. Almon- depended upon his decision. The
office OF the Hon John Gray counsel for the pirates
obtained the loan OF OF his clerks TO copy his
81
this the part OF the Judge Nor Is this all for which
the Judge answerable for be u known that tho day
previous to the rendering Of this decision application
made to him for the TO arrest the
prisoners. he decided in their favor the charge Of
violating the Foreign Enlistment act; but he refused 70
entertain any such motion. In bis declsionof which
give some Of the principal ponts-it win be seen that
officer Of the United States government sells aside the
authority Of the entire provincial government and s
legal advisers and puts far different version TO the in
tents this treaty intended. As to the
point OF Jurisdiction he leaves that in doubt In fact he
doubts great many points which it was his duty 10
make clear Upon The whole it is strange and curious
The decision occupied nearly two hours 10 reading and
ment aud will attract considerable attention both in the
United States and Great Er'sn The Judge ordered the
Because there was no proper requistion on the
authority Of the United states or America for their rend
on without which all subsequent proceedings were OF
2 Because the offence alleged is piracy against the
law OF nations and, being admitted that the persons
charged never In the United States the
INITIAL OF the acts on the high complained Of
province aud Is not therefore, such under
the treaty. committed within the jurisdiction Of the
States require their being delivered up.
because, At present advised, the Judge thought
proper against them. should be given up, Mr. GIL
bert bad jurisdiction, either police magistrate or
but that the proceedings under the warrant
should have been before ofnccr having jurisdiction
l. Because. Il Mr. Gilbert had such jurisdiction, the
he issued the commitment OF the prisoners.
and insufficient 10 law TO warrant their detention.
The Judge OF the opinion that the enactment hav
government Of the United States. public minister
he was not aware that . consul bad. If the Gov.
ernor rad issued warrant such - the Con. |
have been bad He deemed The dispositions made before
Mr. Gilbert wholly extrajudcial They did not amount
doubt that he parties should b legally charged The
alleged offence having been committed on the high seas
ard the prisoners NOT having been In the United states
States had jurisdiction The crime such triable
here, Though he disposed to think that under tho
treaty justice OF the peace had risdictiou yet
this point be found greater difficulty In coming 10 con-
cuson than on OF the others Az TO the guilt Of the
parties it not for hmm the Judee) 10 pronounce en-
opinion. In reference the commitment The Judge felt
alta loss 70 conceive the for stating that the o.
fence committed within the Jurisdiction Of the United
staes not stated either Ia the reQuiston 10
the depositons. The police magistrate, he contended,
should h,ve acted strictly In accordance with the
OF the Governors warrant, and not have reared
complaint containing fresh charges. Had application
rrsones detained under this warrant. he did not see
how could have been successfully resisted. AZ
had assumed dinerens phase Had the crime been COM
mtted within this province. there should have been
such as would have warranted the committing magistrate
IN committing the prisoners, and the warrant OF com.
% should n,vs ,1s IL refer
ton OF the neutrality proclamation and forfeiture OF al
sgancs the Judge remarked in pretty strong terms and
summing up and ordering the release Of the prisoners,
Ths case n believe, The nrss under the treaty and
act Of Parliament that has called for Judicial investiga
tim 10 this province, and questions or novel,
y q an important character have been raised have On.
deavored " give the case the most careful
The SUBJECT Of discussion Il o,Ses quars.rs Ssve q
prevent m!sapprehenson, felt IL right, though 81 the
z he face o. my % sns
the documents and facts necessary 10 ensbe all inter.
ss,ed W the matter who nave Dot access 70 the papers
correctly 70 understand tho points raised and
the reasons for the conclusions a. which ] have ar
rived. In the prompt in which his Exccllency
the Lieutenant Governor granted his warrant, and
the deternilati,n Of the police magistrate on the
facts the case abe government OF the United States
fail discover the determination Of the Queens
Representative and her subordinate ocers faithfully and
honorsby 10 carry out the treaty entered into between
the respective governments of the United States and
Great Britain and the present decision the result Of my
judicial convictions, being, believe In conformity
with the legal authorities Of the United States indvidu
ally might hope would commend itself to the United
states government; bus whomsoever may please
dspiesse must Be 70 me- judicallya matter Of indier
enoe The only duty have 70 discharge h 10 my
sovereign, TO the people Of this province, and my
couscienoe That duty n. faithfully, 70 the best Of my
humble abitiss, impsrtiaiIy declare the law asi
| belsvs 70 be, wholly regardless OF consequences
| tbs have honestly endeavorcd 70 do, and the
rvyu Of Judgment that, for the set forth,
tne proceedings before snd the warrant Of commit
men, returned 10 By the shero the city and
| ~ n do tustuv deteniou In custcdv