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
But there is one other consideration which I would present on the
subject of piracy: it is robbery upon the high seas,--an act _hostis
humani generis_. It is made an offence in this country, because it is
an offence against the law of nations; for this is a question on which
civilized nations do not differ. All the nations of Europe look on at
this controversy. Here comes a man that the District Attorney of New
York says is _hostis humani generis_. What says the great commercial
nation of Great Britain? We do not treat you as pirates, but as
belligerents. We do not recognize your independence, because you have
not achieved it; but when the question arises, whether we shall
consider you as pirates, whom we, in common with all other nations,
have a right to take up, we say it is no such thing. Judge Sprague
says, that they say it is no such thing. So, too, with France. Here is
the authority of a great Empire that this is not a piratical but a
belligerent act. And again, Spain reiterates the same decision. Suppose
I could bring the authority of the highest Court in Great Britain that,
just in such a case as this, the Court acquitted a man of piracy; and
suppose I could add to that a similar judgment under the law of France;
and bring a case from the Courts in Spain, deciding the question in the
same way; and so, too, from Holland,--and when I come down to New York,
the District Attorney says the man is _hostis humani generis_! Is it
not absurd? If piracy be a crime against public law, it is so. The
recognition and the application of the doctrines of common humanity to
this great struggle,--that they should be regarded as the determining
point upon this great question--it seems to me your honors will never
hesitate in admitting. I, therefore, present this point, and if your
honors will permit me, after this discursive argumentation, I will read
it as I think it ought to be decided in law:
Public-domain text, read in full here on John Shaqi.
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