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
"It is evident that, by the very act of the civil or political
association, each citizen subjects himself to the authority of the
entire body in everything that relates to the common welfare. The
authority of all over each member therefore essentially belongs to
the body politic or State; but the exercise of that authority may
be placed in different hands, according as the society may have
ordained."
I refer, also, to the Federalist, No. 40, by Madison. He uses this
language:
"Will it be said that the fundamental principles of the
Confederation were not within the purview of the Convention, and
ought not to have been varied? I ask, what are those principles? Do
they require that, in the establishment of the Constitution, the
States should be regarded as distinct and independent sovereigns?
They are so regarded by the Constitution proposed. * * * Do they
require that the powers of the Government should act on the States,
and not immediately on individuals? In some instances, as has been
shown, the powers of the new Government will act on the States in
their collective character. In some instances, also, those of the
_existing_ Government act immediately on individuals. In cases of
capture, of piracy, of the post-office, of coins, weights and
measures; of trade with the Indians; of claims under grants of land
by different States; and, above all, in the cases of trial by
Courts Martial, in the Army and Navy, by which death may be
inflicted without the intervention of a Jury, or even of a Civil
Magistrate,--in all these cases the _powers of the Confederation_
operate immediately on the persons and interests of individual
citizens."
I would also refer your honors to the Report of the Committee of the
General Assembly of Connecticut, on a call for the militia, by the
General Government, in 1812. The Report reads:
"The people of this State were among the first to adopt that
Constitution; they have been among the most prompt to satisfy all
its lawful demands, and to give facility to its fair operations;
they have enjoyed the benefits resulting from the Union of the
States; they have loved, and still love and cherish that Union, and
will deeply regret if any events shall occur to alienate their
affection from it. They have a deep interest in its preservation,
and are still disposed to yield a willing and prompt obedience to
all the legitimate requirements of the Constitution of the United
States.
Public-domain text, read in full here on John Shaqi.
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