Year: 1861

convicted in the United States Circuit
Court, at Philadelphia, on Friday, upon
san indictment of piracy. Both the Judg-
es on the Bench-Grier and Cadwalader
enlarged the Jury on the question of
law involved. Judge Gricr said:


A successful rebellion may be termed
revolution; but until it has become such,
it has no claim to be recognized as men,
Der of the family, or exercise the rights
or enjoy the privileges consequent upon
the sovereignty. ''When civil war ra-
sges in a foreign nation, or in our own,
and one part separates from the old es-
tablished Government, and erccts itself
into distinct Government, the Courts
of the United States must view such con-
tested Government as it is viewed by the
legislative and executive departments of
the Government of the United States"


Every Government is bound by the
law of self-preservation, to suppress in
surrections, and the fact that the number
and power of the Insurgents may be so
great as to carry on civil war against
their legitimate sovereign, Will not cntl-
tie them to be considered State. The
fact that u civil war exist for the pur
pose of suppressing rebellion, is conclu-
sive evidence that the Government of the
United States refuses to acknowledge
their right to be considered as such.-
Consequently this Court, setting here to
execute the laws of the United States,
can view those in rebellion against them
in no other light than traitors to their
country, and those who assume by their
authority a right to plundcr property of
our citizens on the high seas as pirates
and robbers.


do not think it necessary, on the
present occasion, to follow the wide range
of questions which have been drawn into
the discussion of the case by counsel, or
to rcfute sophisms and platitudes put
forth by specializing theorists or political
demagogues on the constitutional right
of any portion Of this one nation, or of
any of the States composing it, to de-
stroy the Constitution and Union because
they arc displeased at the result of an
election. The right to seccdc is not to
be found in the Constitution, either in
its letter or spirit. If so, it would be
FELo DE sE. 1t is Il Government and
Constitution ordained by the people of
the United States for all time, not a
mere temporary compact of independent
and sovereign confederates. r..-. 81.


Judge the tree by its fruits, and we
see the results of this political hercsy in
the present situation of our country 1--WE
need not go to Mexico,) with more than
half a million of men in arms drcnching
our 0eldS III Dl0Ou. r.r ...,f h.. r
t' This fratricidal war is not only the
fruit of this doctrine, but the demonstra-
ton Of its iniquity. What are our nigh
ty armies arrayed for, but to compel, by
force of arms, its acknowledgment by
those whom reason cannot convince of its
absurdity. Why pratc about the right
Of an oppressed people to change their
Government by revolution? Can that
Justify the treason and rebellion of those
who were never oppressed, but who seek
to substitutes a military tyranny for the
purpose of conquest and oppression?


r.. Of the plea of duress, | need only say
that / am sorry indeed that there is not
some evidence to support it; for / should
.grieye to sec these poor fellows, WHO have
been led astray by wicked Cdeniagogues,
become the scape goats for the greater
iniquities of others. Your duty is to rem
der d true verdict, and that of the Court
to pronounce the sentence Of the law
thereon. Whether, under all the circum-
stances q. the case, a proper policy might
not suspend its execution, is q question
for the Executive to decide.
Certain points have been presented5to
the Court on which we are requested to
instruct the jury opinion, of them
may be inferred from what I have alrca-
dy said, and / have requested my learn
ed brother to notice them more particu.
larly in his remarks to the jury. r.2


Judge Cadwaladcr, having read the
propositions submitted by the counsel fol
the defence, said: ~


The law might be as the counsel have
stated it, if either of two additional state.
ments could be made. First---if the
Government Of the United States haf
been superseded by q local Government
which, though it had originated in hos
tile revolution, had for q definite sabsc


quent period, been established and main