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
I also refer to the case of the United States _v._ Hayward, 2 Gallison,
485, which was a writ of error to the District Court of Massachusetts,
in a case of alleged breach of the revenue laws. It appears that
Castine (in Maine) was taken possession of by the British troops on the
1st of September, 1814, and was held in their possession until after
the Treaty of Peace.
Judge Story says:
"The second objection is, that the Court directed the Jury that
Castine was, under the circumstance, a foreign port. By 'foreign
port,' as the terms are here used, may be understood a port within
the dominions of a foreign sovereign, and without the dominions of
the United States. The port of Castine is the port of entry for the
District of Penobscot, and is within the acknowledged territory of
the United States. But, at the time referred to in the bill of
exceptions, it had been captured, and was in the open and exclusive
possession of the enemy. _By the conquest and occupation of
Castine, that territory passed under the allegiance and sovereignty
of the enemy. The sovereignty of the United States over the
territory was, of course, suspended, and the laws of the United
States could no longer be rightfully enforced, or be obligatory
upon the inhabitants, who remained and submitted to the
conquerors._"
Now, gentlemen, I must trouble you, very briefly, with a reference to
one or two other authorities on that subject. At page 188 of Foster's
Crown Law that learned author says:
"_Sec 8._ Protection and allegiance are reciprocal obligations, and
consequently the allegiance due to the Crown must, as I said
before, be paid to him who is in the full and actual exercise of
the regal powers, and to none other. I have no occasion to meddle
with the distinction between Kings _de facto_ and Kings _de jure_,
because the warmest advocates for that distinction, and for the
principles upon which it hath been founded, admit that even a King
_de facto_, in the full and sole possession of the Crown, is a King
within the Statute of Treasons; it is admitted, too, that the
throne being full, any other person out of possession, but claiming
title, is no King within the act, be his pretensions what they may.
"These principles, I think, no lawyer hath ever yet denied. They
are founded in reason, equity, and good policy."
And again, at page 398, he continues:
Public-domain text, read in full here on John Shaqi.
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