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
I must allude very briefly, before closing, to another ground on which
this defence will be placed: and that is, that conceding (if we were
obliged to concede) that this was not an authority, such as
contemplated, to give protection to cruisers as privateers, there was a
state of war existing in which hostile forces were arrayed against each
other in this country, and which made this capture of the Joseph a
belligerent act, even obliterating State lines altogether, for the
purpose of the argument.
But before I pass from what I have said to you on the subject of the
claim of authority of the States of this Union to come into collision
with the General Government, allow me to call attention to the forcible
precedents shown in the history of our own glorious Revolution, when
the thirteen Colonies, numbering little more than three millions,
instead of thirty, separated from Great Britain. At the time when that
occurred, in 1776, this very statute of 1790 was in force in England,
as I have shown you. It was passed in England, if I recollect right, in
1694. The position of the thirteen Colonies towards the mother country,
at that time, was precisely the position that those States which call
themselves the "Confederate States" now occupy towards the General
Government of the Union.
Appealing to God, as the Supreme Ruler of the Universe, for the
rectitude of their intentions, and acknowledging their accountability
to no other power, they had claimed to resist the usurpation of the
King of Great Britain. They had not even claimed, at the time of which
I speak--for I speak of the end of the year 1775 and the beginning of
1776--to declare their independence and to throw off their subjection
to Great Britain. At that very early day there were very few in these
Colonies that contemplated a thing of that kind, or whose minds could
be brought to contemplate such an act. They had risen in resistance
against what they claimed to be arbitrary power; they claimed that the
King of Great Britain had encroached upon their rights and privileges
in a manner not warranted by the Constitution of Great Britain. They
did not claim to secede from Great Britain; they did not claim to make
themselves independent of subjection to her rule; they claimed to stop
the course of usurpation which, they held, had been commenced; and they
proposed to return under subjection to the British crown the very
moment that an accommodation should be made, yielding allegiance to the
King of Great Britain as in all time before. And now, gentlemen, on the
23d March, 1776, on a Saturday, the little Continental Congress was
sitting in the chamber, of which you have often seen the picture,
composed of the great, wise, and good men, who sat there in
deliberation over the most momentous event that has ever occurred in
modern times, if we except that now agitating and convulsing our
beloved country. I never heard one of those men stigmatized as a
pirate.
Public-domain text, read in full here on John Shaqi.
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