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
Government and the government of the State.
Who, then, is the arbiter in such a case? Why, gentlemen, the books
have expressed it. It is the last argument of Kings--it is the law of
might; and in case of a collision of that kind, I maintain before you,
upon this trial, that the State has a right to redress herself by force
against the General Government; that she has a right, if necessary, to
commission cruisers, to drive the squadron away from the port of New
York; and she has a right, if more effectual, to commission private
armed vessels to aid in driving them away, or to capture or subdue
them. There being no common arbiter between her and the General
Government in a case of that kind, she has a right to use force in
redressing herself, and to take the power into her own hands.
And the authorities are uniform upon that subject. I have been obliged
to detain you so long that I shall not read them to you; but I have
them collected before me, and in the future discussions which may take
place before the Court I shall be able to show that that right was
maintained by Hamilton, one of the most distinguished members of the
Convention who helped to frame the Constitution, and the strongest
advocate of placing large powers in the hands of the Federal
Government; by Madison, Jefferson, and all the Fathers of the
Constitution, and by all who have written upon the subject; that it is
a doctrine which has been asserted by the Legislature of the State of
New Jersey, and, indeed, by the State Legislatures of all the States,
pretty much, in which the question has arisen--that the Supreme Court
of the United States have themselves over and over again declared that
the only safeguard that existed, under the Constitution, against the
right of the State to come into collision with the General Government,
in all cases whatever, was the existence of the judiciary power, in
cases where that was applicable between them, and that in all cases
where that judiciary power failed, they were left to the law of nature
and the might of Kings to redress themselves.
Now, gentlemen, if I am right in that step in my argument,--if that
right would exist at any time or under any circumstances,--there must
be some authority, in the State that has the jurisdiction, to decide
for the citizens of the State when that occasion has arisen; and there
must be some authority in the United States which has a right to decide
for the Government of the United States when that occasion has arisen;
whose decision (that is, in the General Government) is binding for the
people of all the States, except the State in collision with the
Federal Government and which makes a contrary decision; and whose
decision, in that State, is an authority and protection for all the
citizens of that State.
Public-domain text, read in full here on John Shaqi.
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