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, is this a civil war? I do not ask the question of how this country
simply should regard it; but on the question in a Criminal Court, as to
whether a civil war exists so as to give protection to those who act on
one side of it, I have the concurrent judgments of the Courts. Judge
Dunlop, in the case of the Tropic Wind, says there can be no blockade
except in a case of war; that this is a civil war, and therefore there
is a blockade. Judge Cadwalader says this is a civil war, and in civil
war you may make captures; and Judge Betts, in a vastly profitable
judgment, delivered in the other room, confiscating millions of
property of Union men in the South, says that this is civil war. Now,
if the Government of the United States forfeits the property of persons
residing in these seceded States, without the formality of a trial for
treason, because it is simply enemy's property, with what pretence can
they set up the principle that they will not treat them as enemies?
They will treat them as enemies, for the purpose of confiscation, and
not as enemies, but as traitors and pirates, for the purpose of
execution? Why, it is a glaring inconsistency. It strikes us off our
feet as a people fit to be looked at by any impartial or rational
person, in political jurisprudence.
We submit, therefore, that there was a civil war. Then what was the
taking of the Joseph? I now pass by the Savannah's commission for a
moment. The capture of the Joseph was in this way: The Joseph was
approached by the Savannah, and her Captain ordered on board. I make no
question about its being a taking by force; I make no question but
that, if it was done piratically, there was force enough to make it
piratical. But when asked, Why do you do it? Captain Baker replied, "I
take this by authority of the Confederated States. I am sorry for it;
but you make war upon us, and we have, in retaliation, to make war upon
you." The vessel is taken; nothing is removed from her; and she is sent
in as a prize, and reaches Georgetown. Nothing is then taken from her,
but she is proceeded against in Court, and men are examined there as to
the vessel, just as fairly, and probably just as good men, as have been
examined in the other room. The question is tried. It is an undeniable
case that, if this is a civil war, they having declared war, the vessel
belongs to a belligerent, and she is taken, condemned and sold,
according to the laws which have dominion over that country--a
proceeding (erroneous as it may be in the ultimate object of it)
according to all the course of every civilized country. And yet, we are
told, that is piratical! I submit that this cannot be so. We cannot,
with any approach to consistency, hold that we can treat them both as
enemies and rebels at the same time. Not so. Treat them as rebels, and
confiscate the property by due course of law, and you can get nothing;
because it is a singular thing that in this country there is no such
thing as forfeiture for treason.
Public-domain text, read in full here on John Shaqi.
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