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
But I now draw your attention to another feature of the statute, which
seems to me equally decisive. This statute is transmitted to us from
England, and that which was the design and exigency of its adoption
there is to bear with great, if not decisive, force, upon its
construction here. We took it because they had it, and we took it,
therefore, for reasons similar to theirs. Now what was the real
difficulty there? It was this: that a Prince without dominion, a Prince
having no Government _de facto_, a mere nominal Prince, undertook to
issue commissions throughout the world against British commerce. Evils
that are very manifest and plain, in regard to the law of prizes, apply
to that case. The prizes could not be adjudicated in his Courts; he had
none. This was an enactment against Princes who had abdicated and were
without dominion. Such things were common, as well in the time of
William III. as since. Abdicated Princes very soon turn to be robbers,
whose only object is to get re-established, and they are not scrupulous
as to means. They stand as mere fictions, undertaking to exercise
authority, with none of the responsibilities which belong to Rulers.
How different it is with this Jefferson Davis! I speak now in no degree
of his merits, or as lessening that feeling which my fellow-citizens
and I share alike upon the subject of this rebellion. But here is a
man, not a nominal Prince or Ruler, but he is (if you please without
right) Ruler of ten millions of people. Is this Act, which is intended
to meet the case of a man without people, or dominion, or
force--without any thing but the name and claim of Ruler--to be applied
to a man who represents (rightfully or wrongfully) a large fraction of
a great nation? To say that every man who takes a commission (applying
as well to civil as to military commissions), that any man who takes a
commission, from him, is either a robber or a pirate--if on land, a
robber, if on sea, a pirate--is unjust and unreasonable--contrary to
every principle that governs the laws of nations. Patriotic
vituperation may go far--patriotic spirit and feeling may go far--but
there is a limit to every thing that is real. The human mind, as it
seems to me, and the human heart, cannot go to the extent of the
doctrine that they can be treated as robbers who act under a Government
extending _de facto_ so far and doing _de facto_ so many things
throughout upon the principles of civilized warfare, and having a vast
territory, and vast numbers of people acting as it dictates. It is
perverting the law of piracy to apply it to a case so entirely
different.
Public-domain text, read in full here on John Shaqi.
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