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)
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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
The question, then, is, What was the state of things existing in
Charleston, and in the Confederate States, at that time? In the course
of the evidence, we will lay that before you, in the completest form it
can be laid. We will show you, by the official documents, by the
messages of the President, by proclamations, and by the Acts of
Congress themselves, that there was not an officer of the United States
exercising jurisdiction in one of these Confederate States--not a
Judge, or Marshal, or District Attorney, or any other officer by whom
the Government had been previously administered on the part of the
United States. Every one of them had resigned his office. This new
Government had been formed. It was the existing Government, which had
replaced the United States in all these States, long anterior to the
time that this vessel was fitted out and sailed from the port of
Charleston; and upon these questions, whether that was a _de jure_ or
_de facto_ Government, we say it was the existing Government that was
in authority over these men--that exercised the power of life and death
over them, for it had Courts administering its decrees, as well as
every other form and all the other insignia of power; and they were
justified by overruling necessity, and by every other title, in
yielding obedience to that Government, and in yielding their allegiance
to it, as the cases I have read decide; and that duty enjoined upon
their consciences to aid and support it by all means in their power
from that time forward, until there was another Government over them.
Public-domain text, read in full here on John Shaqi.
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