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
But, gentlemen, the law perpetrates no such absurdity as that; for the
very moment the doctrine for which I contend is admitted, the citizen,
in a conflict like that between the Federal Government and the State,
is not liable to be considered a traitor or punished as such, let him
adhere to which of the two parties he pleases, in good faith. The
reason of which is clear. He is the subject of two sovereigns,--the one
the Federal Government and the other the State in which he lives.
Either of these sovereigns has jurisdiction to decide for him the
question whether the other is committing a usurpation of power or not;
and it inevitably follows that if these two sovereigns decide that
question differently, the citizen is not to be punished as a traitor,
let him adhere to which he pleases in good faith. And I submit to you,
gentlemen, that is the only doctrine, under the Constitution of the
United States, and under our complex system of government, which can be
admitted for a moment. I will give you a confirmation of that. I have
already stated to you the clause of the Constitution of the United
States which defines the punishment of the crime of treason against the
United States,--and by looking at the reports of the debates in the
Convention which adopted the Constitution, you will find that the
clause, as originally reported to the Convention, read: "Treason
against the United States shall consist in levying war against the
United States _or any of them_, or in adhering to the enemies of the
United States, _or any of them_, giving them aid and comfort,"--and the
clause, as reported, was amended by striking out the words, "or any of
them," and making it read: "Treason against the United States shall
consist in levying war against them or in adhering to their enemies,"
&c. Therefore, under our Constitution, treason against the United
States must be levying war against all the States of this Confederacy.
It does not mean the Government. The amendment which I have spoken of
shows it must be an act of hostility which is, in judgment of law, an
act of hostility against all the States of the Union. Therefore I say
that a citizen who owes allegiance to a State of the Union, when he
acts in good faith, under the jurisdiction of one of the sovereigns to
whom he owes allegiance--to wit, the State--does not levy war against
the United States. He levies war against the Government which claims to
represent him, in that case,--his other sovereign, to whom he equally
owes allegiance, deciding that that Government is committing an
usurpation of power; and he is acting under the authority of those in
whom he rightly and justly reposes faith,--to whom has been delegated
the right to decide; and however the Governor of the State may be
punished by impeachment, if he has acted in bad faith, the citizen
cannot be subject to the halter for doing that which he was under a
legal obligation to do.
Public-domain text, read in full here on John Shaqi.
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