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
eyes of the civilized world, by treating this mighty subject, when
States are meeting in mortal shock and conflict, with the ax and the
halter. In God's name, let us have none of that!
I have but one word more to say, gentlemen, before I close. I have
already said that we claim that this commission is an adequate
protection, considering that this is an inter-state war. It has been so
considered, and is now so considered by the Government of the United
States itself, because, after the conflict had commenced and had gone
on for some time, it being treated by the Government at Washington as a
mere rebellion or insurrection by insurgent and rebellious citizens in
some of the Southern States, it was found that it had assumed too
mighty proportions to be treated in that way, and therefore, in the
month of July last, the Congress then in session passed an Act, one of
the recitals of which was that this state of things had broken out and
still existed, and that the war was claimed to be waged under the
authority of the governments of the States, and that the governments of
the States did not repudiate the existence of that authority. Congress
then proceeded to legislate upon the assumption of the fact that the
war was carried on under the authority of the governments of the
States. There is a distinct recognition by your own Government of the
fact that this is an inter-state war, and that the enemies whom our
brave troops are encountering in the field are led on under authority
emanating from those who are rightfully and lawfully administering the
Government of the States.
You will recollect, gentlemen, that in most of those States the State
governments are the same as they were before this condition of things
broke out. There has been no change in the State constitutions. In a
great many of them there has been no change in the personnel of those
administering the government. They are the recognized legitimate
Governors of the States, whatever may be said of those claiming to
administer the Government of the Confederate States.
But, gentlemen, let us pass from that, and let us suppose it was not a
war carried on by authority of the States. It is, then, a civil war,
and a civil war of immense and vast proportions; and the authorities
are equally clear in that case, that, from the moment that a war of
that kind exists, captures on land and at sea are to be treated as
prizes of war, and prisoners treated as prisoners of war, and that the
vocation of the ax and the halter are gone. I refer you to but a single
authority on this subject, because I have already occupied more of your
time than I had intended doing, and I have reason to be very grateful
to you for the patience and attention with which you have listened to
me in the extended remarks that I was obliged to make. I refer to
Vattel, Book 3, cap. 18, secs. 287, 292 and 293:
Public-domain text, read in full here on John Shaqi.
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