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
"Subjection consists in an obligation to obey; as far, therefore,
as the people are in subjection, they can have no right to resist;
because an obligation to obey, and a right to resist, are
inconsistent with one another.
"But the power of civil governors is neither necessarily connected
with their persons, nor infinite whilst it is in their possession.
"It ceases by abdication; it is overruled by the laws of nature and
of God; and it does not extend beyond the limits which either the
civil constitution or the ends of social union have set to it.
"Where their power thus fails in right, and they have no just
authority, the subjection of the people ceases; that is, as far as
of right they have no power, or no just authority, the people are
not obliged to obey them; so that any force which they make use of,
either to compel obedience or to punish disobedience, is unjust
force; the people may perhaps be at liberty to submit to it, if
they please; but, because it is unjust force, the law of nature
does not oblige them to submit to it.
"But this law, if it does not oblige the people to submit to such
force, allows them to have recourse to the necessary means of
relieving themselves from it, and of securing themselves against
it, to the means of resistance by opposing force to force, if they
cannot be relieved from it and secured against it by any other
means."
I continue my citation at--
"Sec. XV. In the general questions concerning the right of
resistance, it is usually objected that there is no common judge
who is vested with authority to determine, between the supreme
governors and the people, where the right of resistance begins;
and the want of such a judge is supposed to leave the people room
to abuse this right; they may possibly pretend that they are
unjustly oppressed, and, upon this pretence, may causelessly and
rebelliously take up arms against their governors, although they
are laid under no other restraints, and no other compulsion is
made use of, but what the general nature of civil society or the
particular circumstances of their own society require.
"But, be this as it may, the possibility that the right may be
abused, does not prove that no such right subsists.
"If we would conclude, on the one hand, that the people have no
right of resistance, because this right is capable of being abused,
we might, for the same reason, conclude, on the other hand, that
supreme governors have no authority.
"Whatever authority these governors have in any civil society, it
was given them for the common benefit of the society; and it is
possible that, under the color of this authority, they may oppress
the people in order to promote their own separate benefit.
Public-domain text, read in full here on John Shaqi.
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