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
I come now, if your honors please, to what my learned friend, when he
addressed the Court on the part of the Government, has been pleased to
call the political part of this case; and I have distinctly stated in
my propositions what I contended for on that subject. In the first
place, that the Federal Executive Government, and the executive
governments of the States, under the Constitution of the United States,
each possess the jurisdiction to decide whether their respective acts
are within or exceed the limits of their respective constitutional
powers, in cases of collision between them in their administrative
acts, operating upon the public domain, or upon the State, or its
citizens as a body politic.
I shall, without stopping for any discussion, simply state the
subordinate propositions by which I think that is established, and give
a reference to the authorities. I say, in the first place, as I said to
the Jury, that citizens of the United States owe a divided allegiance,
partly to the United States and partly to their respective States. They
can commit treason against either; for the State constitutions and laws
define and punish treason against the States, as the Constitution of
the United States does treason against them.
The Federal and State Governments are each supreme and sovereign within
the limits of their respective jurisdictions under the Federal and
State Constitutions; each operates directly upon the citizen, and each
also operates as a check and restriction upon the other, and upon the
encroachments of the other, in seeking to extend beyond legitimate
limits its jurisdiction over the citizen, or over the public domain
common to both. Now, if your honors please, in regard to that, I will
very briefly refer you to what I rely upon. I refer, in the first
place, to sections 2 and 3, of Article 6th, of the Constitution of the
United States.
"_Sec. 2._ This Constitution, and the laws of the United States,
_which shall be made in pursuance thereof_, and all treaties made,
or which shall be made, under the authority of the United States,
shall be the supreme law of the land; and the Judges in every State
shall be bound thereby, anything in the constitution or laws of any
State to the contrary notwithstanding.
"_Sec. 3._ The Senators and Representatives before mentioned, and
the members of the several State Legislatures, and all executive
and judicial officers, both of the United States and of the several
States, shall be bound by oath or affirmation to support this
Constitution; but no religious test shall ever be required as a
qualification to any office or public trust under the United
States."
In the amendments to the Constitution of the United States, Articles 9
and 10, we find this language:
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account