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, that tnese men were held by Capt. Stringham for the purpose of
being tried as pirates, the evidence is clear. They were transferred
from the Perry to the Minnesota, taken to the Norfolk station, and
there kept in irons on board the Minnesota till they were transferred
to the Harriet Lane. Could they have been detained there for trial? It
might be an inconvenience if there was no Court. They might have had to
be detained for a long time, or Congress might pass some law varying
the jurisdiction. But as the law stood, if these men could have been
landed and detained for trial, then that was the District in which they
were necessarily to be tried. Can any one say that it was not as easy
to have landed these men at Fortress Monroe, or at Hampton, as to
transfer them to the Harriet Lane? And could they not have been
detained there? You did not need a Court to detain them. They were
taken by force, and might have been detained in the fortress till a
trial should be had. There was no difficulty in their being landed in
Virginia; and, moreover, there were in Western Virginia loyal Courts,
where they could be tried.
Now, what is there that takes away the jurisdiction which belongs to
that part of the country and not to this? "Why," says Captain
Stringham, "I wanted to send them to New York." But had he any right to
do so, when he had actually brought them to that station where his ship
belonged, and where he was bound to keep her unless he returned her to
the cruising ground? Remember that his ship remained there some time
before the transfer was made. They were detained as prisoners there,
and might as well have been detained on shore. Therefore, it seems to
me, that unless the capturing officer, and not Congress, has the right
to determine the place where the trial shall be had, these men were to
be tried in the District of Virginia.
Now, it is no answer to this to say that, where a vessel is sailing
along the shores of a District, a prisoner on board is not brought
there in the proper sense of the word. The ship is not bound to stop
and break up her voyage in order to have the Court designated where he
is to be tried; but where the ship comes into port--where she stops at
a port--I submit to your honors that this is the bringing contemplated
by the statute.
Public-domain text, read in full here on John Shaqi.
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