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
And now, gentlemen, another point that we shall maintain before you is,
that under the Constitution of the United States, those States had
color of authority to grant this commission; and that the executive
government of the State had the jurisdiction to decide, for all the
citizens of the State, whether the emergency for taking hostile
proceedings against the General Government had arrived, or not. And I
know that, in saying that, I am speaking to this Jury an unpalatable
doctrine, at the present day; but it is a doctrine which is amply borne
out by the cotemporaneous expositions of the Constitution, penned by
its own framers, by the decisions of the Courts, and by authorities on
which we are accustomed to rely for questions of that character.
Now, the Constitution of the country is a complex one. There are two
sovereigns in every State, exercising allegiance over the inhabitants
of the State. The one sovereign is the United States of America, and
the other sovereign is the State in which the citizen lives. And when I
say that, I am speaking in the language of the Supreme Court of the
United States itself, over and over repeated, as late as the 21st of
Howard's Reports (but a few removes, I believe, from the last volume
issued from that Court), without a dissenting voice. The theory of our
Government is, that the States are sovereign and independent, and that,
in coming into the Union, they have retained that sovereignty and
independence for every purpose, and in every case, except those in
which an express grant of power has been made to the Government of the
United States, either in express words, or by necessary implication;
and the Courts have held, over and over again, that any act of the
General Government of the United States, which transcends the express
grant of power made by the Constitution, is absolutely void, to all
intents and purposes whatever.
And more than that, gentlemen, the citizen of a State cannot only
commit treason against the United States, or other kindred political
offences; but he can, in like manner, commit treason against the State
in which he lives, or other kindred political offences against its
government.
The Constitution of the United States defines treason to be, "levying
war against the United States, or adhering to their enemies, giving
them aid and comfort." The Constitution of the State of New York
defines treason against the State of New York to be, "levying war
against the State, or adhering to its enemies, giving them aid and
comfort." The Constitution of South Carolina defines and punishes
treason against the State, in the language of the old English statute,
bringing it to precisely the same thing.
Public-domain text, read in full here on John Shaqi.
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