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
carried to the Supreme Court of the United States, and there finally
settled. And, therefore, I say that in all cases that come within the
purview of the judicial department of the Government, the laws of the
United States, as administered by the Courts, and their decisions, bind
the citizens of the States in every part of the land.
But, gentlemen, there are an immense class of cases constantly arising
where no opportunity can ever be presented to a Court to pass upon
them, which were never intended to be passed upon by a Court, which are
cases of collision between the executive department of the General
Government and the State government in matters, as I expressed it to
you before, affecting the public domain, or the State or its citizens
as a body politic. As laid down by the expounders of the Constitution
of the United States, that instrument is one to which the States are
parties, as well as the people of the United States and people of each
State.
Suppose a case of this kind. It is not a case likely to arise; but
every case may arise, as we have been sadly admonished by the events of
the last few months. Suppose we had a President in the executive chair
at Washington who was a citizen of the State of Massachusetts, and
greatly interested in the prosperity of the commerce of the City of
Boston; and suppose that, being a wicked man (for wicked men have been
sometimes elected to offices in this and every country), he had
conceived the iniquitous design of ruining the commerce of New York,
for the purpose of benefiting the commerce of the City of Boston; and
suppose, in the prosecution of that wicked design, without the pretense
of authority to do so under the Constitution of the United States,
without a pretense that Congress had passed any law authorizing him to
do anything of the kind, he should station a fleet of vessels, by
orders to the commander of his squadron, off the harbor of New York,
and should say, from this day forward the commerce of the port of New
York is hermetically closed, and the commerce which has formerly gone
to New York must go to Boston. Is the State of New York, under a
condition of things of that kind, to submit to the closing of her
commerce, to her ruin and destruction? Can she get before the Courts
for redress against such an infringement of the Constitution by the
President? How is she to get there? She cannot go to the Supreme Court
of the United States, for in the Courts of the United States there is
no form of jurisdiction by which the question can be brought before the
Courts by any possibility whatever; and New York is a sovereign and
independent State, and, so far as she has not conceded jurisdiction to
the United States by the Constitution, has a right to exercise every
sovereign and independent power that she has. _There_ is a case,
therefore, in which the Courts of law can afford no redress,--in which
the Constitution has erected no common arbiter between the General
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