The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1918-02-21

battle with the United States, that the
property should be condemned on the
lground III reciprocity.
When Mr.. Emmet rose to reply the
bar and the audience believed that he
was about to undertake a stupendous
,impossibility. Bat he had surveyed
the case from an eminence which com
manded its fullest extent, had scanned
the whole line Of his antagonists ar
Tray with bold and vigorous grasp of
thought, had determined upon the
line of attack, with the sagacity of a
great captain. Mr.. Emmett insisted
that although the Nereide was an
armed British ship, Pinto had no
agency in arming her, f\ld though she
sailed with convoy, she was obliged
by law to do so, that though she re-
sisted the capturing vessel, Pinto
took no part in the engagement, that
according to the law of nations, it is
not the place where a thing is, which
| determines the nature of the thing,
but the quality of the person to whom
it belongs. That the things belong
ing to neutral persons which happen
to be in an enemy's country, or ships,
ought to be distinguished from those
belonging to the enemy, and there is
no distinction taken between the arm
ed and the unarmed ships of the
enemy. Pinto was shipping his goods
from London to Buenos Aryes.
This line of argument, of which we
have sketched a few details, was en-
larged and sustained by every prece-
dent and authority found in the books.
1t was an argument which Pinkney
had not expected to meet, it shook and
overthrow his position, it annoyed
him, it rendered him irrascible, and
imperative The bar saw its effect
and anticipated his reply. In his re-
ply he made a severe prsonal attack
on Emmett, characterized by that ire
mendous, pungent invective, that mer-
CHESS satire, in the use of which he
excelled. 1t took the bench and the
bar by surprise, every person in the
room glanced furtively at the speak
en- and then at Emmett, apparently the
only emotionless person present.
Once only did his features lose their
imperturbability, that was when
Pinkney, with whitening sarcasm de-
scribed Emmet's Imprisonment in Fort
George, Scotland, and his release
therefrom on condition that he would
leave England and Ireland forever,
"Banished", he exclaimed, "from his
country and his home for treason
against his sovereign, for sympathy
and for protection of bloody handed
rebels" Pinkney proceeded thus for a
time. The lines around Emmet's
mouth twitched nervously, a deep
flush suffused his face, a tremor shook
his frame, he controlled himself and
with his eyes riveted on his opponent,
while every ear in the room was ting
ling at the irony of the great speaker
At last Mr.. Pinkney closed, Emmett
rose to reply, and the audience felt
the supreme moment in the great
cause had arrived. Chief Justice
Marshall bent forward to catch the
first sentence that fell from his lips,
and the pallor that overspread the
face of Brockholst Livingston as he
nervously rested his elbow on the
bench, betrayed his emotion. Emmett
stood coiled and concentrated, reckless
Of all save the power that was within
himself.
He then proceeded with his reply,
cool. collected and unimpassioned.
Nothing but the case at bar seemed to
be in his mind, once he swept Pink
ney's position from under him, and
established the legal strength of his
own. 1t was a mastery conclusion OF
his unequaled opening, a subtle con-
centration of the proposition he de-
sired to establish; His expressive
countenance varied with the changes
of his eloquence, his attitude and ges-
ture might have been selected by a
painter to represent "grace rising to-
wards dignity" He made no allusion
to Mr.. Pinkney's personal attack
When. however he drew his argument
to a conclusion, he paused moment,
then continuing, said: "And now
YOUR honors, | have done, leave the
case with you, but before | take my
seat, | ought, perhaps, in justice not
only to myself, but to those who are
dear to me, to the honored profession
Of which ! am a humble member, and
to the august tribunal before whom !
have the honor to stand, to make some
reply to the personal attack which my
great opponent has made upon me.
This is n species of warfare in which
it is my good fortune to have had
little experience, it is one that | never
wage. ] am perfectly willing that
my learned opponent shall have all the
laurels he has sought to win waging
| il. II is true came to this country a
r.. A. I.n1 g ~ -