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)
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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
The moment the term "civil war" comes up, the idea of punishing, as
rebellion or as piracy, the capture of a vessel, is an abuse of
justice; and it is not only an abuse of justice, but it is an abuse of
the fact, to say that those who are large enough to be a nation are to
be considered as the enemies of all nations, because they undertake to
make civil war. The point is not founded upon any technical
considerations; it is founded upon the great doctrines of humanity and
civilization. Because, what is to be the end of it? If we hang twelve
men, they hang one hundred and fifty-six. If we treat them as rebels,
why they treat our captured forces as these rebels are treated. You
bring on a war without any civilizing rules. You bring in a war of
worse than Indian barbarity. You bring in a war which can know nothing
except bloodshed, in battle or upon the block. This is not a technical
notion. It is that, when civil war is found to exist (and that
altogether comes from the magnitude of the opposition), then the rules
of war apply, as much as in any public war, so far as to protect the
individuals acting under them. What would be said if you should take a
gentleman who was made prisoner at Fort Hatteras, and try him for
treason, and hang him? What would be said in this country, or in
Europe,--what would be said anywhere, in the present or in future
ages,--as to an act like that? Well, why not? Because justice must be
equal. If you do it to one, you must do it to all. If you do it to all,
you carry on an extermination of the human race, against all the
principles which can animate a Court of Justice, or find a seat in the
human bosom. Therefore, if we have the fact of civil war, we have the
rules of war introduced.
Public-domain text, read in full here on John Shaqi.
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