_Mr. Smith_: If the Court please, I rise for a purpose different from the remark that I wish to make in reply to the last illustration of my learned friend. I might say that the instance of a child is one very parallel to that we might have given--that the father is the superior authority, where there is a difference between two parents.
I rise, however, to present to the Court, as one of the authorities, or rather a citation which will receive its respectful consideration, the Charge of Mr. Justice Grier, in the case tried in Philadelphia; and also the opinion of Judge Cadwalader, in the same case.
_Mr. Smith_: I received it, by telegraph, from the District Attorney of Philadelphia; and it is also printed in a newspaper published last evening in Philadelphia. I have compared them, and the two accounts perfectly agree. I do not cite them as authority, but as entitled to the respectful consideration of the Court.
_Mr. Brady_: As, now-a-days, what the newspapers publish one day they generally contradict the next, I think any report should be taken with some grains of allowance, at least. I suppose I would recognize the style of Judge Grier.
_Mr. Blatchford_: I think you will, on examining it. It is evidently printed from the manuscript.
_Mr. Smith_ read the charge of Judge Grier in the case of the privateers tried in Philadelphia.
_Mr. Brady_: Tell me what question of fact was there left to the Jury?
_Mr. Smith_: I refer you to Judge Cadwalader's opinion, which is much longer.
_Mr. Brady_: I do not see that there was anything left for the Jury. Judge Grier decided that case,--which undoubtedly he could do, for he is a very able man.
_Mr. Sullivan_ put in evidence the log-book of the Savannah.
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.