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
"She hailed us and informed us she had captured a piratical vessel.
The vessel was half a mile astern. Captain Parrot, of the Perry,
came and made to me a report of what had taken place. I ordered him
to send the prisoners on board, and I sent a few men on board the
Savannah to take charge of her during the night. The vessels were
then anchored. Next morning I made arrangements to put a prize crew
on board the Savannah and send her to New York, and I directed the
Captain of the Joseph to take passage in her. I took the prisoners
from the Perry, and directed the Perry to proceed," &c.
Again he testifies:
"_Q._ What was your object in transferring the prisoners from the
Perry to the Minnesota?
"_A._ Sending them to a Northern port. The port of New York was the
port I had in my mind to send them to, in the first ship from the
station."
The prisoners, thus taken from a piratical vessel, he determined to
carry to Norfolk, and to send them thence to the North for trial.
Now, if your honors please, my learned friend (Mr. Evarts) seems to say
that there is no authority in law for a United States vessel to arrest
pirates at sea; but if you will read the President's proclamation of
19th June you will find that he speaks of dealing with the persons who
may be taken on board private armed ships as pirates. I will then ask
to direct your attention to the Act of 1819 (3d Vol. Statutes, p. 510),
where the President is authorized to employ public armed vessels to
arrest offenders against that law. Therefore the capture of the prize
was not only a part of the general law of nations, but it was
particularly a thing which the commanders of ships of the United States
were charged by the proclamation of the President, and by Act of
Congress, to do.
I now approach the other question, as to where these prisoners were
apprehended, or into what District they were first brought. That they
were apprehended by a warrant from the United States Commissioner in
New York, is not in dispute. The question, however, is, where they were
first brought. If an officer having them in charge could anchor his
vessel at Baltimore, and then at Philadelphia, and then bring his
prisoners to New York, it would be putting the law entirely in his
hands and dissipating all its force. In ordinary cases of crime the
jurisdiction is local; and that for many reasons. One is, that a man is
to be tried by his peers--meaning those of his own neighborhood,--and
that it is easier to procure evidence at the place where the crime is
committed. The law does not give to any man the power of assigning the
place of trial. In the case of offences committed on the high seas, the
law declares that the accused shall be tried in the District into which
he is first brought.
Public-domain text, read in full here on John Shaqi.
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