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
"But it must not be forgotten that the State of Connecticut is a
free, sovereign and independent State,--that the United States are
a Confederacy of States,--that we are a confederated and not a
consolidated Republic. The Governor of this State is under a high
and solemn obligation 'to maintain the lawful rights and privileges
thereof as a sovereign, free and independent State,' as he is 'to
support the Constitution of the United States,' and the obligation
to support the latter imposes an additional obligation to support
the former. The building cannot stand if the pillars upon which it
rests are impaired or destroyed. The same Constitution which
delegates powers to the General Government, forbids the exercise of
powers not delegated, and reserves those powers to the States
respectively."
And that was "approved by both Houses," and the following resolution
passed:
"_Resolved_, That the conduct of His Excellency, the Governor, in
refusing to order the militia of this State into the service of the
United States, on the requisition of the Secretary of War and
Major-General Dearborn, meets with the entire approbation of this
Assembly."
I would also refer to the second speech of Mr. Webster on Mr. Foot's
resolution, in reply to Mr. Hayne, in the Senate of the United States,
where he thus expresses himself:
"The States are unquestionably sovereign, so far as their
sovereignty is not affected by this supreme law (the Constitution).
* * * The General Government and the State governments derive their
authority from the same source. Neither can, in relation to the
other, be called primary; though one is definite and restricted,
and the other general and residuary."
Also, to the case of _Luther_ vs. _Borden_, 7 Howard, 1--one of the
Dorr rebellion cases. The Supreme Court of the United States there
decided that the government of a State, by its Legislature, has the
power to protect itself from destruction by armed rebellion by
declaring martial law, and that the Legislature is the judge of the
necessary exigency.
At this point the Court intimated that they would adjourn to the
following day.
The District Attorney, Mr. E. Delafield Smith, stated that the case of
the _United States_ vs. _William Smith_, one of the ship's company of
the privateer Jefferson Davis, the trial of which had been proceeding
in Philadelphia, had terminated in a verdict. That case involved the
main questions, and also the question of jurisdiction involved here.
Mr. Smith further stated that he had sent for a copy of the charge of
Mr. Justice Grier in that case, and expected to receive it by
telegraph, and he desired to reserve the right to refer to that charge
as one of his authorities in this case.
_The Court_ assented.
Adjourned to Saturday, October 26th, at 11 A.M.
FOURTH DAY.
_Saturday, Oct. 26, 1861._
The Court met at 11 o'clock, when--
_Mr. Larocque_ resumed:
Public-domain text, read in full here on John Shaqi.
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