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
"_Resolved_, That all ships or vessels, with their tackle, apparel
and furniture, goods, wares and merchandize, belonging to any
inhabitant of Great Britain, as aforesaid, which shall be taken by
any of the vessels of war of these United Colonies, shall be deemed
forfeited; one-third, after deducting and paying the wages of
seamen and mariners, as aforesaid, to the officers and men on
board, and two-thirds to the use of the United Colonies.
"_Resolved_, That all ships or vessels, with their tackle, apparel
and goods, wares and merchandizes, belonging to any inhabitant of
Great Britain, as aforesaid, which shall be taken by any vessel of
war fitted out by and at the expense of any of the United Colonies,
shall be deemed forfeited and divided, after deducting and paying
the wages of seamen and mariners, as aforesaid, in such manner and
proportions as the Assembly or Convention of such Colony shall
direct."
There are two or three other resolutions, which it is not necessary for
me to trouble you with the reading of. You will bear in mind that there
were no two sovereignties over these United Colonies at that time. They
had no sovereignty or independence whatever; they were mere Provinces
of the British Crown; the Governors derived their appointment from the
Crown itself, or from the proprietors of the Colonies; and these wise
and good men, on the 23d March, 1776, claimed that the King of Great
Britain had usurped powers which did not belong to him under the
Constitution of Great Britain, and that they had the right to resist
his encroachments; and they authorized letters of marque to cruise
against the ships and property of their fellow subjects of Great
Britain, because of the state of things which arose from a collision
between them and the Crown. They were enemies, and although they
regretted that they had to injure in their property men who were their
friends, they trusted they would excuse them, owing to the inevitable
necessity that existed and the impossibility of discriminating between
friends and foes in the case of inhabitants of Great Britain.
And now, gentlemen, to trouble you with one more brief reference, let
me show you what took place before that Act of the Provincial Congress
was passed in the Province of Massachusetts. They had already passed a
Provincial Act of the General Assembly, couched in similar language,
authorizing cruisers and privateers against the enemies of that
Province; and you will see what occurred. I read again from Cooper's
Naval History, 1st Vol., p. 42. He is speaking of the year 1775:
Public-domain text, read in full here on John Shaqi.
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