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
If your honors please, I have endeavored, so far as it was possible, to
abbreviate what I have had to say on this subject. It is a very
interesting one, undoubtedly, not only to the legal student, but to all
persons in the country. This war is a war to reclaim those States. To
attempt to reclaim them by prosecutions for piracy, or by acts of
hostility which disregard them as having any form of society,--it seems
to me that no national evil could be greater. The idea that in a
commercial city it is very offensive that there should be privateers,
is a trifle. The navy can regulate that. Let them look more to the
privateers that want to get out than to the prizes that want to come
in, and that will be provided for. We need not violate principles of
law, or of humanity, or the common sense of the world, to produce an
effect of that kind. We need to show that, in the midst of all this
excitement and outcry against piracy--in the midst of a press that
never names any of these people without calling them "pirates"--the men
brought in always in chains, for the purpose of exciting public
indignation against them and preventing their being treated as men of
common rights and common interests with us--all which is very
humiliating, it seems to me--in a Court of Justice no such feelings
will be succumbed to.
Certain I am that, where I stand, no such principles will be put in
use. Justice will come--severe and stern, it may be--but it will be
justice, with truth, and reason, and humanity, and political tenderness
accompanying all its acts and all its judgments.
_Mr. Larocque_: If the Court please, I had hoped to be saved the
necessity of addressing your honors upon these propositions of law;
but, in the distribution that has been made among the counsel, it has
fallen to my lot to present the propositions in reference to which my
opening was made, yesterday, to the Jury, and which will be adverted to
by the counsel who, on our side, will close the case; and, simply,
without detaining your honors, at this late hour, with any remarks upon
them further than the reading of some extracts from authorities I have
collected, I will present the propositions, leaving them to the action
of your honors, and to the remarks of my associate, who will close this
case, after we have ascertained the direction it will take before the
Jury.
The first proposition I had stated, with reference to jurisdiction:
"That the defendants, after their capture and confinement as criminals,
for the acts charged in this indictment, having been taken within the
District of Virginia, on board the vessel on which they were so
confined before being brought within the Southern District of New York,
cannot be convicted under this indictment."
Public-domain text, read in full here on John Shaqi.
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