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
"That, as a member of the Federal Union, the Legislature of
Pennsylvania acknowledges the supremacy, and will cheerfully submit
to the authority, of the General Government, as far as that
authority is delegated by the Constitution of the United States.
But while they yield to this authority, when exerted within
constitutional limits, they trust they will not be considered as
acting hostile to the General Government _when, as the guardians of
the State rights_, they cannot permit an infringement of those
rights by an unconstitutional exercise of power in the United
States Courts.
"_Resolved_, That in a Government like that of the United States,
where there are powers granted to the General Government and rights
reserved to the States, it is impossible, from the imperfection of
language, so to define the limits of each that difficulties should
not sometimes arise from a collision of powers; and it is to be
lamented that no provision is made in the Constitution for
determining disputes between the General and State Governments by
an impartial tribunal, when such cases occur.
"_Resolved_, That, from the construction which the United States
Courts give to their powers, the harmony of the States, if they
resist the encroachments on their rights, will frequently be
interrupted; and if, to prevent this evil, they should on all
occasions yield to stretches of power, the reserved rights of the
States will depend on the arbitrary powers of the Courts.
"_Resolved_, That should the independence of the States, as secured
by the Constitution, be destroyed, the liberties of the people in
so extensive a country cannot long survive. To suffer the United
States Courts to decide on State rights, will, from a bias in favor
of power, necessarily destroy the federal part of our Government;
and, whenever the Government of the United States becomes
consolidated we may learn from the history of nations what will be
the event."
To prevent the balance between the General and State Governments from
being destroyed, and the harmony of the States from being interrupted--
"_Resolved_, That our Senators in Congress be instructed, and our
Representatives be requested, to use their influence to procure
amendment to the Constitution of the United States, that an
impartial tribunal may be established to determine disputes
between the General and State Governments; and that they be
further instructed to use their endeavors that, in the meantime,
such engagements may be made between the Governments of the Union
and of the State as will put an end to existing difficulties."
Those resolutions were transmitted to Congress by President Madison.
They were never acted upon.
Public-domain text, read in full here on John Shaqi.
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