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 YorkWarburton, A. F. (Adolphus Frederick)
History
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
Warburton, A. F. (Adolphus Frederick)
Piracy -- United States; Privateering -- United States; United States -- History -- Civil War, 1861-1865
"_Sec. 201._ When a city or province is threatened, or actually
attacked, it must not, for the sake of escaping a danger, separate
itself, or abandon its natural Prince, even when the State or the
Prince is unable to give it immediate and effectual assistance. Its
duty, its political engagements, oblige it to make the greatest
efforts in order to maintain itself in its present state. If it is
overcome by force, necessity, that irresistible law, frees it from
its former engagements, and gives it a right to treat with the
conqueror, in order to obtain the best terms possible. If it must
either submit to him or perish, who can doubt but it may, and even
ought to prefer the former alternative? Modern usage is conformable
to this decision,--a city submits to the enemy, when it cannot
expect safety from vigorous resistance. It takes an oath of
fidelity to him, and its sovereign lays the blame on fortune
alone."
"_Sec. 202._ The State is obliged to protect and defend all its
members; and the Prince owes the same assistance to his subjects.
If, therefore, the State or the Prince refuses or neglects to
succor a body of people who are exposed to imminent danger, the
latter, being thus abandoned, become perfectly free to provide for
their own safety and preservation in whatever manner they find most
convenient, without paying the least regard to those who, by
abandoning them, have been the first to fail in their duty. The
Canton of Zug, being attacked by the Swiss in 1352, sent for succor
to the Duke of Austria, its sovereign; but that Prince, being
engaged in discourse concerning his hawks at the time when the
deputies appeared before him, would scarcely condescend to hear
them. Thus abandoned, the people of Zug entered into the Helvetic
Confederacy. The city of Zurich had been in the same situation the
year before. Being attacked by a band of rebellious citizens, who
were supported by the neighboring nobility, and the House of
Austria, it made application to the head of the Empire; but Charles
IV., who was then Emperor, declared to its deputies that he could
not defend it, upon which Zurich secured its safety by an alliance
with the Swiss. The same reason has authorized the Swiss in general
to separate themselves entirely from the Empire which never
protected them in any emergency. They had not denied its authority
for a long time before their independence was acknowledged by the
Emperor, and the whole Germanic Body, at the treaty of Westphalia."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account