Trial of the Officers and Crew of the Privateer Savannah on the Charge of Piracy Part 57

_Mr. E. Delafield Smith_ (District Attorney) said: I desire, if the Court please, to move, in the case of the Savannah privateers, their trial at the earliest day consistent with the engagements of the Court, and of the counsel engaged for the defence; and I would name a week from next Monday, as it will, probably, be necessary to issue an order for a new panel of Jurors.

_Judge Nelson_: So far as I am concerned, I can only remain until the 20th of November, and the business of the Court is such that the trial cannot take place while I am here, as I must devote the rest of my time to other causes.

_Mr. Smith_: Then the motion for a new panel will be reserved until we see at what time it will be possible to bring the case on.

_Mr. Lord_: Before that application shall be seriously entertained by the Court, we would like to be heard upon the subject. I will say nothing now, because it is very evident it cannot be discussed at this time.

_Judge Nelson_: The counsel may a.s.sume that I cannot take up the second trial during the present term. They may act upon that view.

The prisoners were then remanded to the custody of the Deputy Marshals.

APPENDIX.

I.

PRESIDENT'S PROCLAMATION, APRIL 15, 1861. (_Page 109._)

_By the President of the United States._

Whereas, the laws of the United States have been for some time past, and now are, opposed, and the execution thereof obstructed, in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the Marshals by law: Now, therefore, I, ABRAHAM LINCOLN, President of the United States, in virtue of the power in me vested by the Const.i.tution and the laws, have thought fit to call forth, and hereby do call forth, the militia of the several States of the Union, to the aggregate number of 75,000, in order to suppress said combinations and to cause the laws to be duly executed.

The details for this object will be immediately communicated to the State authorities through the War Department. I appeal to all loyal citizens to favor, facilitate, and aid this effort to maintain the honor, the integrity, and existence of our national Union, and the perpetuity of popular government, and to redress wrongs already long enough endured. I deem it proper to say that the first service a.s.signed to the forces hereby called forth will probably be to repossess the forts, places, and property which have been seized from the Union; and in every event the utmost care will be observed, consistently with the objects aforesaid, to avoid any devastation, any destruction of, or interference with, property, or any disturbance of peaceful citizens of any part of the country; and I hereby command the persons composing the combinations aforesaid to disperse and retire peaceably to their respective abodes within twenty days from this date.

Deeming that the present condition of public affairs presents an extraordinary occasion, I do hereby, in virtue of the power in me vested by the Const.i.tution, convene both houses of Congress. The Senators and Representatives are, therefore, summoned to a.s.semble at their respective Chambers, at twelve o'clock, noon, on Thursday, the fourth day of July next, then and there to consider and determine such measures as, in their wisdom, the public safety and interest may seem to demand.

In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed.

Done at the City of Was.h.i.+ngton, this fifteenth day of April, in the year of our Lord one thousand eight hundred and sixty-one, and of the independence of the United States the eighty-fifth.

ABRAHAM LINCOLN.

By the President.

WILLIAM H. SEWARD, Secretary of State.

II.

PROCLAMATION OF THE PRESIDENT, DECLARING A BLOCKADE. (_Page 109._) _By the President of the United States of America._

Whereas, an insurrection against the Government of the United States has broken out in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, and the laws of the United States for the collection of the revenue cannot be efficiently executed therein conformably to that provision of the Const.i.tution which requires duties to be uniform throughout the United States:

And whereas a combination of persons engaged in such insurrection have threatened to grant pretended letters of marque, to authorize the bearers thereof to commit a.s.saults on the lives, vessels, and property of good citizens of the country lawfully engaged in commerce on the high seas, and in waters of the United States:

And whereas an Executive Proclamation has been already issued, requiring the persons engaged in these disorderly proceedings to desist therefrom, calling out a militia force for the purpose of repressing the same, and convening Congress in extraordinary session to deliberate and determine thereon:

Now, therefore, I, ABRAHAM LINCOLN, President of the United States, with a view to the same purposes before mentioned, and to the protection of the public peace and the lives and property of quiet and orderly citizens pursuing their lawful occupations, until Congress shall have a.s.sembled and deliberated on the said unlawful proceedings, or until the same shall have ceased, have further deemed it advisable to set on foot a blockade of the ports within the States aforesaid, in pursuance of the laws of the United States and of the laws of nations in such cases provided. For this purpose a competent force will be posted so as to prevent entrance and exit of vessels from the ports aforesaid. If, therefore, with a view to violate such blockade, a vessel shall approach, or shall attempt to leave any of the said ports, she will be duly warned by the Commander of one of the blockading vessels, who will indorse on her register the fact and date of such warning; and if the same vessel shall again attempt to enter or leave the blockaded port, she will be captured, and sent to the nearest convenient port for such proceedings against her and her cargo, as prize, as may be deemed advisable.

And I hereby proclaim and declare, that if any person, under the pretended authority of said States, or under any other pretence, shall molest a vessel of the United States, or the persons or cargo on board of her, such person will be held amenable to the laws of the United States for the prevention and punishment of piracy.

ABRAHAM LINCOLN.

By the President.

WILLIAM H. SEWARD, Secretary of State.

Was.h.i.+ngton, April 19, 1861.

III.

CORRESPONDENCE BETWEEN GOV. PICKENS, OF SOUTH CAROLINA, AND MAJOR ANDERSON, COMMANDING AT FORT SUMTER, IN RELATION TO THE FIRING ON THE STAR OF THE WEST. (_Page 110._)

_To his Excellency the Governor of South Carolina_:

SIR: Two of your batteries fired this morning on an unarmed vessel bearing the flag of my Government. As I have not been notified that war has been declared by South Carolina against the United States, I cannot but think this a hostile act, committed without your sanction or authority. Under that hope, I refrain from opening a fire on your batteries. I have the honor, therefore, respectfully to ask whether the above-mentioned act--one which I believe without parallel in the history of our country or any other civilized Government--was committed in obedience to your instructions? and notify you, if it is not disclaimed, that I regard it as an act of war, and I shall not, after reasonable time for the return of my messenger, permit any vessel to pa.s.s within the range of the guns of my fort. In order to save, as far as it is in my power, the shedding of blood, I beg you will take due notification of my decision for the good of all concerned. Hoping, however, your answer may justify a further continuance of forbearance on my part,

I remain, respectfully,

ROBERT ANDERSON.

GOV. PICKENS' REPLY.

Gov. Pickens, after stating the position of South Carolina towards the United States, says that any attempt to send United States troops into Charleston harbor, to reinforce the forts, would be regarded as an act of hostility; and in conclusion adds, that any attempt to reinforce the troops at Fort Sumter, or to retake and resume possession of the forts within the waters of South Carolina, which Major Anderson abandoned, after spiking the cannon and doing other damage, cannot but be regarded by the authorities of the State as indicative of any other purpose than the coercion of the State by the armed force of the Government; special agents, therefore, have been off the bar to warn approaching vessels, armed and unarmed, having troops to reinforce Fort Sumter aboard, not to enter the harbor. Special orders have been given the Commanders at the forts not to fire on such vessels until a shot across their bows should warn them of the prohibition of the State. Under these circ.u.mstances the Star of the West, it is understood, this morning attempted to enter the harbor with troops, after having been notified she could not enter, and consequently she was fired into. This act is perfectly justified by me.

In regard to your threat about vessels in the harbor, it is only necessary for me to say, you must be the judge of your responsibility. Your position in the harbor has been tolerated by the authorities of the State, and while the act of which you complain is in perfect consistency with the rights and duties of the State, it is not perceived how far the conduct you propose to adopt can find a parallel in the history of any country, or be reconciled with any other purpose than that of your Government imposing on the State the condition of a conquered province.

F. W. PICKENS.

SECOND COMMUNICATION FROM MAJOR ANDERSON.

_To his Excellency Governor Pickens_:

SIR: I have the honor to acknowledge the receipt of your communication, and say that, under the circ.u.mstances, I have deemed it proper to refer the whole matter to my Government, and intend deferring the course I indicated in my note this morning until the arrival from Was.h.i.+ngton of such instructions as I may receive.

I have the honor also to express the hope that no obstructions will be placed in the way, and that you will do me the favor of giving every facility for the departure and return of the bearer, Lieut.

T. TALBOT, who is directed to make the journey.

ROBERT ANDERSON.

IV.