But the fact of retaliation, as a danger that may ensue from treating as pirates men engaged in war, is referred to by VATTEL in his treatise on the laws of nations. It is one of the considerations which enjoin on Courts and Governments the duty of seeing that, when people are prosecuting civil war, they shall enjoy the humanities of war. I will now consider this case under the ninth section of the Act of 1790, which is as follows: "If any _citizen_ shall commit any piracy or robbery aforesaid, or _any act of hostility_ against the United States, _or any of the citizens thereof_, on the high seas, under color of any commission from _any foreign Prince or State,_ or on _pretence_ of authority _from any person_, such offender shall, notwithstanding the pretence of any such authority, be deemed, adjudged, and taken to be a pirate, felon, and robber, and, on being thereof convicted, shall suffer death." Now, in the first place, we say, as was before urged, that statute has no bearing whatever on the case of the eight foreigners, and you are to disregard them entirely in passing upon all the questions which this Act may raise; and we say that it has no bearing on the four Americans before you, even if it be a valid Act and applicable to a case of this character, because, at the time of the acts charged, they were _citizens of another Government, owing it allegiance, receiving its protection, engaged in its service, and bound to perform such service_. We have been told that allegiance and protection are reciprocal. The people of the Southern States would be placed in a very extraordinary condition if the arguments of my learned opponent are to prevail. Look at the citizens of Charleston. There are men in that city who love the Union, among whom is MR. PETTIGREW, an able lawyer, a patriot, and a man of great virtue, talents, and distinction. If those loyal people wanted to leave Charleston and come North, they could not do it. If they felt inclined to utter, at this moment, their sentiments in favor of reunion of the States, it would be an act of folly and danger. They are living in A STATE, under its government and jurisdiction, and bound to perform their duties as citizens. Can they refuse? They may be ordered into the service of the government--sent to sea--enlisted as soldiers. They cannot refuse to fight. If they do, they make themselves amenable to their own Judges. I refer to _1st Hawkins, Pl. Crown_, 87, 89, where it is said: