ARGUMENT OF MR. MAYER, OF COUNSEL FOR THE DEFENCE.

MR. MAYER said:--May it please your honors,--A foreign-born citizen

now rises, on behalf of eight of the defendants, who, as it has been

conceded by the prosecution, are subjects of foreign States. It might

appear almost superfluous, after the full and eloquent argument of our

venerable brother--I was almost tempted to say father (Mr. LORD)--for

one of the junior counsel for the defence to say anything. Still, I

thought it incumbent on me to anticipate a construction or

interpretation which the prosecution may attempt to make, by offering,

myself, a proposition. But before reading it, I will, as briefly as my

proposition is brief, state my comment thereon.

Let us, in the first place, look at the aspect of the relations in

which these foreigners stood at the time of their committing this

alleged offence. They are all sea-faring men. Their various crafts had

been locked up in the port of Charleston by the blockade there.

Business, as we have heard here in evidence, was prostrated. Nothing

was left for them but to enlist in the army of the Confederacy, or to

become privateers. It is certainly a pity that they did not choose the

first alternative; for, even if they had been caught with arms in

their hands, their fate would now be far better than it is. They would

not now be in jeopardy of their lives, threatened with the pains and

penalties of a law that is not applicable to them. But being, as I

said before, inured to the life of seafarers, they chose to become

privateers.

We must, however, in judging of their act, place ourselves in their

position. They were foreigners. As foreigners, they brought to this

country views and notions as regards their act which are widely

different from those sought to be enforced here. They knew the

practice and theories of Europe in regard to their act. What are those

views and theories? I can state them in a very few words, and am sorry

that the authorities to which I shall refer are in a language which

may not be familiar to your honors. I will, however, state their

effect. It is this: Whenever a rebellion in any country has assumed

such extensive magnitude as no longer to be a simple insurrection,

which may be put down by police measures or regulations, but has come

to such a degree that mighty armies are opposed to each other,

although the revolted portion may not have been acknowledged by any

nation, yet belligerent rights must be granted to it. This is the

notion, or theory, which has entered into the mind of every European,

to whatever State or nation he may belong. I may be permitted to quote

a few historical facts to show why this is so. When the Netherland

Colonies revolted against Spain the privateers of the Prince of

Orange, even before he was elected Admiral General by those Colonies,

were by most nations recognized. They were only not recognized by some

of those nations against which they committed depredations; and it is

a historical fact that a great many of those privateers commissioned

by the Prince of Orange became pirates.

Another case is furnished by our own Revolution. It is known to all

Europeans that, although in the beginning of the American Revolution

England did not recognize the belligerent rights of America, yet,

after some time, she did recognize those rights, even by a

Parliamentary Act. I refer to 16 George the Third, ch. 5. The same was

the case in the French Revolution; and there I may refer to a very

curious fact. England recognized the privateers of the revolutionary

Government of France, so far as those privateers went against other

nations; but when they cruised against her own commerce she did not

recognize them. She remonstrated with Denmark because Denmark had

recognized them, and Denmark simply pointed to her (England's) own

course.

All these facts are very well known to every European, and it is with

a knowledge of these facts that every European looks upon a

revolution. To express it in a very short sentence, it is the theory

of "Let us have fair play."

If your honors please, I may say that this notion of belligerent

rights in revolution has entered into the flesh and blood of every

European to such an extent, that the only nation which does not allow,

in revolution, that fair play, is despised and hated, except by these

United States. I mean Russia. Russia is now very friendly towards this

Union; not, however, I may be permitted to state--reversing an

oft-quoted passage of Shakspeare--not because she loves Rome more, but

that she loves Caesar less. It is not out of love for this country, but

because the diplomatists of Russia--the farthest-seeing diplomatists

of Europe--hope that England and France will interfere in the contest

between these States, and that she may get an opportunity to return

the compliment to these two powers which she received from them at

Sebastopol. With a knowledge of these facts, and with these European

theories, these foreigners, now indicted under the Act of 1790,

entered into this privateering business.

They saw, as I said before, Charleston blockaded. To them a blockade

is an act of belligerent rights. They saw a constitutional government

adopted in the Confederate States. They never dreamed that, if they

wished to embark in this privateering business, they should be treated

as pirates. They knew well, as every European knows who has any

knowledge of international law, that there are two kinds of

piracy--piracy by international law, and piracy under municipal

law--municipal piracy, or, as Mr. LORD called it yesterday, statutory

piracy.

And now I refer, as to the right of one nation making anything piracy

that is not piracy by the law of nations, to Wheaton, volume 6, page

85; 1st Phillimore, 381; and to 1st Kent, 195. I will not take up the

time of your honors in reading all these passages, but I hold here the

last work on international law. It is, however, written in the German

language. It is of unbounded authority on the Continent, and has been

translated into French and Greek. It is very frequently referred to by

all those authors whom I have just quoted. It states this theory in

two lines, which I will read to your honors in a translation:

"Laws of individual nations (as, for instance, the French law of

the 10th April, 1825) may, so far as their own subjects are

concerned, either alter the meaning of piracy, or extend its

operation; but they are not allowed to do that to the prejudice of

other States."

Trial of the Officers and Crew of the Privateer Savannah, on the Charge of Piracy, in the United States Circuit Court for the Southern District of New York · 第 41 / 77 题