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
Now, gentlemen, can anything be more explicit on this subject, leaving
out of view all questions of the authority of the States or of the
Confederate Government to issue this commission? Can anything be more
pointed or more direct on the question? Treat this as a mere civil
war--treat it as though all State lines of the Union were obliterated,
and as though this was a common people, actuated by some religious or
political fanaticism, who had set themselves to cutting each others'
throats--treat it as a purely civil strife, without any question of
State sovereignty or State jurisdiction connected with it,--and still
you have the authority of Vattel, an authority than which none can be
higher, as the Court will tell you--and I could multiply authorities on
that point from now until the shadows of night set in--that even in
that case it is obligatory to observe the laws of war just the same as
if it was a combat between two nations, instead of between two sections
of the same people. Even if there was no commission whatever here, by
any one having a color or pretence of right to issue it, but if those
belonging to one set of combatants, in a civil strife which had reached
the magnitude and proportions of which Vattel speaks, had set out to
cruise, and had captured this vessel, I submit to you that it could not
be treated as a case of piracy.
I have closed, gentlemen, the argument which, on opening the case, I
have thought it necessary to advance in order that you may be able to
apply the evidence. Every word that Vattel says there endorses the
entreaty which I have made to you, as you love your country and as you
love her prosperity, to view this case without passion and without
prejudice created by the section in which you live, as I know and trust
by your looks and indications that you will. And I say to you,
gentlemen, that a greater stab could not be inflicted on our
Government--not a greater wound could be given to the cause in which we
all, in this section of the country, are enlisted--than to proclaim the
doctrine that these cases are to be treated as cases for the halter,
instead of as cases of prisoners of war between civilized people and
nations. The very course of enlistment of troops for the war has been
stopped in this city by that threat. As I said before, the officers and
soldiers on the banks of the Potomac, if they could be appealed to on
that question, would say, "For God's sake, leave this to the clash of
arms, and to regular and legitimate warfare, and do not expose us to
the double hazard of meeting death on the field, or meeting an
ignominious death if we are captured." And as history has recorded what
I have called your attention to as having occurred in the days of the
Revolution, so history will record the events of the year and of the
hour in which we are now enacting our little part in this mighty drama.
The history of this day will be preserved. The history of your verdict
will be preserved.
Public-domain text, read in full here on John Shaqi.
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