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
As I said, therefore, the citizen of New York or the citizen of South
Carolina (because, whether in one or the other locality, it is the same
thing) is under two sovereigns, owing allegiance to each of them--the
sovereign State in which he is, owning the whole mass of residuary
power (as it has been happily expressed in the decisions of the Court)
beyond the express, limited power granted to the Federal Government by
the Constitution of the United States.
I want to call your attention to another thing, as I go along with this
line of the argument. I contend that, among the powers which have been
delegated to the State governments by the Constitutions of the States,
is the power in the executive government of the State, co-ordinately
with the General Government, to decide whether itself or the General
Government has transcended the line which bounds their respective
jurisdictions, upon any case in which a collision may arise between
them, which affects the public domain of the State, or the whole State,
or its citizens, considered as a body politic. And you will see, in a
moment, the reason why I state my proposition in that way.
You have all heard of what, in the history of the country, has been
called _nullification_, and you probably all understand very nearly
what that is. By _nullification_, as it has been spoken of in the
history of our country, was meant the claim on the part of a State, by
a convention of its people, or otherwise, to decide that the laws of
the United States should not operate within its limits upon its
citizens, in cases where the law could legitimately operate upon
individual citizens. Because you will all recollect that the laws of
the United States, in their operation throughout the Union--their
criminal laws, laws for the collection of duties, and similar
laws--operate upon individual citizens, without reference to whether
they are citizens of one State or another. The law operates upon them
as people of the United States. And therefore, if you are carrying on
business in the port of New York, and a consignment comes to you, it is
a question between you as a citizen of the United States and the
Government whether the tariff, under which duties are attempted to be
collected is valid, as between you and the Government, or not--whether
it was legitimate for Congress to pass that tariff; and, in all cases
arising on these subjects, the Constitution has provided a tribunal, an
arbiter, which is supreme and final, without any appeal. For instance,
if you deny the validity of the law under which duties are attempted to
be collected upon the goods imported by you, and the Collector attempts
to collect them, you refuse to pay, or pay under protest,--and the case
must come into the District Court of the United States; and if the
Court decides that the law was unconstitutional, you get immediate
redress; if it decides that it was constitutional, the question can be
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