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
I wish very briefly to refer your honors to a few authorities, which, I
hold, sustain these propositions. I say, in the first place, that this
right bears no analogy whatever to the right, once claimed and most
successfully refuted, of the inhabitants of a State, in Convention, to
decide by ordinance upon the unconstitutionally of a law of the Union,
and to prevent by force its operation within the limits of the State,
in a case legitimately falling within the cognizance of the Courts. The
claim to collect duties under an Act of Congress alleged to be
unconstitutional was strictly an instance of this latter class. The
citizen from whom the duties were claimed could simply refuse to pay,
and thereby refer the question of constitutionality of the law to the
judicial tribunals to which it properly belonged, and which must
necessarily pass upon the question before the duties could be
collected. On the other hand, the claim to hold or retake forts or
other public places within the limits of a State, as property of the
United States, is one against which, if unauthorized, the State could
not by possibility defend itself through the agency of the Courts.
Now, if your honors please, I have stated most distinctly, and admitted
most fully, that, in whatever cases the judicial power of the United
States extends to, it is supreme. That is to say, if a collision takes
place in a suit in a State Court between the Federal and State laws,
and the decision of the State Court is against the right, privilege, or
exemption, as it is called in the judiciary Act, claimed under the
authority of the Union, the Supreme Court of the United States can
redress the error. But I am now speaking of that class of cases where
the judiciary have nothing whatever to do, and in which, I contend, the
Federal and State authorities are each supreme and sovereign, within
the limits of their respective power, and neither has any right or
authority beyond the lines which bound their respective jurisdiction.
And, if your honors please, I refer to the Inaugural Address of Mr.
Lincoln, not only for the proposition that the judicial authority has
nothing to do whatever in a case such as that I am now supposing, but
that, even in cases where the judiciary is competent to act, its
decisions do not form precedents, do not form rules for the government
of the co-ordinate departments of the Union, in future cases of State
policy, and that the executive and the legislative departments are
still left at liberty to act as if no decision had been made. I do not
mean to be understood as acquiescing in that claim; I consider it as a
doctrine infinitely more dangerous and destructive than the doctrine of
constitutional secession; but it comes to us as the claim set up on the
part of the President; and if that is at all correct, there is an end
of all pretence that the judiciary is competent to afford any relief or
protection in the other class of cases referred to.
He says:
Public-domain text, read in full here on John Shaqi.
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