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 if the Government be national with regard to the operation of
its powers, it changes its aspect again when we contemplate it with
regard to the extent of its powers. The idea of a National
Government involves in it not only an authority over the individual
citizens, but an indefinite supremacy over all persons and things,
so far as they are objects of lawful government. Among a people
consolidated into one nation, this supremacy is completely vested
in the National Legislature. Among communities united for political
purposes, it is vested partly in the general and partly in the
municipal Legislatures. In the former case all local authorities
are subordinate to the supreme, and may be controlled, directed or
abolished by it at pleasure. _In the latter the local or municipal
authorities form_ DISTINCT AND INDEPENDENT PORTIONS OF THE
SUPREMACY, _no more subject, within their respective spheres, to
the general authority, than the general authority is subject to
them within its own sphere. In this relation, then, the proposed
Government cannot be deemed a national one, since its jurisdiction
extends to certain enumerated objects only, and leaves to the
several States a residuary and_ INVIOLABLE _sovereignty over all
other objects._ It is true that, in controversies relating to the
boundary line between the two jurisdictions, the tribunal which is
ultimately to decide is to be established under the General
Government. But this does not change the principle of the case. The
decision is to be impartially made according to the rules of the
Constitution; and all the usual and most effectual precautions are
taken to secure this impartiality. _Some such tribunal is clearly
essential to prevent an appeal to the sword and a dissolution of
the compact_; and that it ought to be established under the general
rather than the local Governments, or, to speak more properly, that
it could be safely established under the first alone, is a position
not likely to be combated."
I will refer, also, to the letter of Gov. Seward, written to Gov.
Gilmore, of Virginia, October 24th, 1839, taken from the Assembly
Journal, 63d Sess., 1840, p. 55. That distinguished public man says:
"You very justly observe, 'that neither the Government nor the
citizens of any other country can rightfully interfere with the
municipal regulations of any country in any way;' and in support of
this position you introduce the following extract from Vattel's Law
of Nations, 'that all have a right to be governed as they think
proper, and that no State has the smallest right to interfere in
the government of another. Of all the rights that belong to a
nation, sovereignty is doubtless the most precious, and that which
other nations ought the most scrupulously to respect if they would
not do her an injury.'
Public-domain text, read in full here on John Shaqi.
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