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
Now, for the purpose of showing what I mean by the right of resistance
reserved to the people by the law of nature, which, as I say, is
delegated by them to these two sovereigns, for the purpose that each
may maintain its own authority and prevent encroachment by the other, I
beg to refer your honors to _Rutherforth's Institutes of Natural Law,
vol. 1, page 391_, commencing with section 10. And as a proof than I
broach no novel or revolutionary doctrine, your honors will bear in
mind that these Institutes of Natural Law were a course of lectures
delivered in one of the great seminaries of learning of England, and
their doctrines thought fit and proper to be instilled into the minds
of the youth of that Kingdom, the loyalty of whose people to their
Government has become proverbial among all the nations of the world.
The author says:
"It is a question of some importance, and has been thought a
question not easily to be determined, whether the members of a
civil society have, upon any event, or in any circumstances
whatsoever, a right to resist their governors, or rather the
persons who are invested with the civil power of that society."
Then he states several cases in which the civil governors, as he calls
them, lose their power over their subjects, and continues:
"Fourthly, Though the governors of a society should be invested by
the constitution with all civil power in the highest degree and to
the greatest extent that the nature of a civil power will admit of,
yet this does not imply that the people are in a state of perfect
subjection. Civil power is, in its own nature, a limited power; as
it arose at first from social union, so it is limited by the ends
and purposes of such union, whether it is exercised, as it is in
democracies, by the body of the people, or, as it is in monarchies,
by one single person. But if the power of a Monarch, when he is
considered as a civil governor, is thus limited by the ends of
social union, whatever obedience and submission the people may owe
him whilst he keeps within these limits, he has no power at all,
and consequently the people owe him no subjection, when he goes
beyond them.
"Having thus taken a short view of the several ways in which the
authority of the governors of a society fails, and the subjection
of the people ceases, we may now return to the question which was
before us.
"If you ask whether the members of a civil society have a right to
resist the civil governors of it by force? your question is too
general to admit of a determinate answer.
"As far as the just authority of the civil governors and the
subjection of the people extend, resistance by force is rebellion.
Public-domain text, read in full here on John Shaqi.
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