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
"But ambitious encroachments of the Federal Government on the
authority of the State governments would not excite the opposition
of a single State, or of a few States only. They would be signals
of general alarm. Every government would espouse the common cause;
a correspondence would be opened; plans of resistance would be
concerted; one spirit would animate and conduct the whole. The same
combination, in short, would result from an apprehension of the
_federal_ as was produced by the dread of a _foreign_ yoke; and,
unless the projected innovations should be voluntarily renounced,
the same appeal to a trial of force would be made in the one case
as was made in the other. But what degree of madness would ever
drive the Federal Government to such an extremity? * * * But what
would be the contest in the case we are supposing? Who would be the
parties? A few Representatives of the people would be opposed to
the people themselves; or, rather, one set of Representatives would
be contending against thirteen sets of Representatives, with the
whole body of their common constituents on the side of the latter.
The only refuge left for those who prophesy the downfall of the
State governments is the visionary supposition that the Federal
Government may previously accumulate a military force for the
projects of ambition. * * * Extravagant as the supposition is, let
it, however, be made. Let a regular army, fully equal to the
resources of the country, be formed, and let it be entirely at the
devotion of the Federal Government; still it would not be going too
far to say that the State governments, with the people on their
side, would be able to repel the danger. The highest number to
which, according to the best computation, a standing army can be
carried in any country, does not exceed 1/100th of the whole number
of souls, or 1/25th part of the number able to bear arms. This
proportion would not yield to the United States an army of more
than 25 or 30,000 men. To these would be opposed a militia
amounting to near 500,000 citizens, with arms in their hands,
officered by men chosen from among themselves, fighting for their
common liberties, and united and conducted by governments
possessing their affections and confidence."
I shall not spend the time of your honors by reading the Virginia and
Kentucky resolutions--the one the production of James Madison, and the
other of Thomas Jefferson--with which you are so familiar. They fully
bear out the doctrine for which I contend, and much more than I
contend for. I wish, however, to read, from the American State Papers,
vol. 21, p. 6, a series of resolutions adopted by the Legislature of
Pennsylvania, on the 3d April, 1809. They are as follows:
"_Resolved_, by the Senate and House of Representatives of the
Commonwealth of Pennsylvania:
Public-domain text, read in full here on John Shaqi.
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