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 say, therefore, gentlemen, that this was not a commission issued by a
"person, to wit, one Jefferson Davis." I say it was a commission issued
by several of the States of the Union, represented, if you please, by
Jefferson Davis, and by authority, in fact, from those States, and from
the Government in force over them. And more than that, gentlemen, to
bring the case still more clearly within the authorities I have read to
you, and which you, no doubt, carry in your minds, we will show by the
declarations of the Presidents of the United States--by the declaration
of Mr. Buchanan, in December, 1860, and by the declaration of Mr.
Lincoln, on the 4th of March, 1861--that neither of them, at either of
those dates, intended to interfere, or to attempt to interfere, by
force, with this existing Government. They both, publicly and solemnly,
in the presence of the United States, declared that they would not
attempt, by any forcible invasion of those States, to overthrow the
Government established over them;--that there would be no "invasion,"
is the expression;--that they would leave it to the sober second
thought of the people of those States, by process of time, by maturer
thought and better reflection, to return, probably, to their former
position under the Government of the United States. And what were men
to do, in that condition of things, in the State of South Carolina, in
the State of Georgia, or in any one of those States, with not an
officer of the United States to protect them--with not a Court of
Justice to protect them--with Courts of Justice, on the contrary,
organized by the new Government, and exercising dominion of life and
death, and every other dominion that Government could exercise--but to
yield their allegiance to it, and from thenceforth to support it, as
honest men should do, who yield their allegiance to the Government?
As I said before, in respect to this question, even if this were a
voluntary act on the part of the prisoners--if they were not controlled
by necessity--if they had a state of things before them which
authorized them to believe that their conduct was right--that the
States did nothing more than they had a right to do--they were
justified in giving allegiance to the Government in existence. We have
nothing to say as to the correctness of the political views or opinions
of the prisoners whatever. The question is, What did these men
believe--what were they taught to believe, by your own expounders of
the Constitution--what did they conscientiously and sincerely believe?
When they acted under this commission, did they believe that it was a
legitimate authority, and had they full color for the belief which they
held?
Public-domain text, read in full here on John Shaqi.
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