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
"There is another objection urged against the admission of this
vessel to the privileges and immunities of a public ship, which may
as well be disposed of in connection with the question already
considered. It is, that Buenos Ayres has not yet been acknowledged
as a sovereign independent Government, by the Executive or
Legislature of the United States, and therefore is not entitled to
have her ships-of-war recognized by our Courts as national ships.
We have, in former cases, had occasion to express our opinion on
this point. The Government of the United States has recognized the
existence of a civil war between Spain and her Colonies, and has
avowed a determination to remain neutral between the parties, and
to allow to each the same rights of asylum, and hospitality, and
intercourse. Each party is, therefore, deemed by us a belligerent
nation, having, so far as concerns us, the sovereign rights of war,
and entitled to be respected in the exercise of those rights. We
cannot interfere to the prejudice of either belligerent, without
making ourselves a party to the contest and departing from the
posture of neutrality. All captures made by each must be considered
as having the same validity; and all the immunities which may be
claimed by public ships in our ports, under the laws of nations,
must be considered as equally the right of each, and as such must
be recognized by our Courts of Justice, until Congress shall
prescribe a different rule. This is the doctrine heretofore
asserted by this Court, and we see no reason to depart from it."
Your honors, by referring to the case of The Bello Corunnes, 6 Wheaton,
152, will see the doctrine laid down distinctly, that acts may be
piratical for all civil purposes which would not authorize the
conviction of the perpetrators criminally as pirates; _e.g._, a citizen
of the United States, taking from a State at war with Spain a
commission to cruise against that power, contrary to the 14th art. of
the Spanish Treaty;--and the Court held, in that case, that that would
involve the consequences of a piracy, for the purpose of condemnation
of property; but it would not be criminal piracy, under either the law
of nations or of the United States.
On the general subject of privateers I had a reference to Vattel, but I
do not think it necessary to read it, because the authorities on that
subject cover it so fully.
Public-domain text, read in full here on John Shaqi.
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