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
"When a party is formed in a State, who no longer obey the
sovereign, and are possessed of sufficient force to oppose him; or
when, in a Republic, the nation is divided into two opposite
factions, and both sides take up arms,--this is called a _civil
war_. Some writers confine this term to a just insurrection of the
subjects against their sovereign, to distinguish that lawful
resistance from _rebellion_, which is an open and unjust
resistance. But what appellation will they give to a war which
arises in a Republic torn by two factions, or in a Monarchy,
between two competitors for the crown? Custom appropriates the term
of '_civil war_' to every war between the members of one and the
same political society. If it be between the part of the citizens,
on the one side, and the sovereign, with those who continue in
obedience to him, on the other,--provided the malcontents have any
reason for taking up arms, nothing further is required to entitle
such disturbance to the name of _civil war_, and not _rebellion_.
This latter term is applied only to such an insurrection against
lawful authority as is void of all appearance of justice. The
sovereign, indeed, never fails to bestow the appellation of
_rebels_ on all such of his subjects as openly resist him; but,
when the latter have acquired sufficient strength to give him
effectual opposition, and to oblige him to carry on the war against
them according to the established rules, he must necessarily submit
to the use of the term 'civil war.'"
Public-domain text, read in full here on John Shaqi.
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