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
Then, gentlemen, to show the application of the rule for which I have
been contending--and with the necessary details of which I fear I must
have wearied you--to the case in hand: The moment it is conceded that
any possible case can arise in which a State would have the right to
resist by force the General Government,--the moment it is conceded that
it is the Governor of the State, who, co-ordinately with the President
of the Union, has a right to decide that question for himself,--then I
say we have nothing whatever to do with the question, whether, under
the unhappy circumstances which have arisen, the Governor of the State,
or of any of the States, decided right or wrong. We know they did claim
that the General Government was usurping power which did not belong to
it. In fact, I think we have the confession of the President of the
United States that, with an honest heart and with honest purposes,
which I believe have actuated him all through, he has, as he says, for
the preservation of the Union, the hope of humanity in all ages, and
the greatest Government, as I shall ever believe, that man has ever
created,--that he has been compelled to, and did, usurp power which did
not belong to him. President Buchanan, before and after this
controversy arose, asserted plainly and unequivocally that he had
searched the Constitution and laws of the United States for the purpose
of finding any color of authority for the invasion of a State by
military force, or the using of force against it; and that he could
find no such warrant in the Constitution. He was right. There was
nothing of the kind in the Constitution; but he failed to see (in my
humble judgment) that the law of nature gave him the power to enforce
the legitimate authority of the Union, as it gave to the State
government the power to repel usurpation. President Lincoln, when he
assumed the reins of power, admitted that there was a doubt on that
subject. He declared at first that it was not expedient to exercise
that power, and that he would not exercise it. He changed his mind
afterwards, and did exercise it; and on the 13th of April he issued a
proclamation calling for 75,000 volunteers, the first duty assigned to
whom, as he stated in his proclamation, would be to invade the Southern
States, for the purpose of recapturing the forts and retaking the
places that had passed out of the jurisdiction of the United States.
And in a subsequent proclamation he declared that he had granted to the
military commanders of these forces, without the sanction of an Act of
Congress, authority to suspend the writ of _habeas corpus_, within
certain limits and in certain cases, in those States. And he makes the
frank admission that, in his own belief at least, some of the powers
which he had found himself compelled to exercise were not warranted in
the Constitution of the United States.
Public-domain text, read in full here on John Shaqi.
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