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
My next reference is to the Remonstrance of the State of Massachusetts
against the War of 1812, adopted June 18th, 1813--from the _American
State Papers_, vol. 21, page 210:
"The Legislature of Massachusetts, deeply impressed with the
sufferings of their constituents, and excited by the apprehension
of still greater evils in prospect, feel impelled by a solemn sense
of duty to lay before the National Government their views of the
public interests, and to express, with the plainness of freemen,
the sentiments of the people of this ancient and extensive
Commonwealth.
"Although the precise limits of the powers reserved _to the several
State sovereignties_ have not been defined by the Constitution, yet
we fully concur in the correctness of the opinions advanced by our
venerable Chief Magistrate, that our Constitution secures to us the
freedom of speech, and that, at this momentous period, it is our
right and duty to inquire into the grounds and origin of the
present war, to reflect upon the state of public affairs, and to
express our sentiments concerning them with decency and frankness,
and to endeavor, so far as our limited influence extends, to
promote, by temperate and constitutional means, an honorable
reconciliation. * * * _The States, as well as the individuals
composing them, are parties to the National Compact; and it is
their peculiar duty, especially in times of peril, to watch over
the rights and guard the privileges solemnly guaranteed by that
instrument._"
There were also a set of resolutions, which I will not take time to
read, passed by the Legislature of New Jersey, November 27th, 1827,
which will be found in the _American State Papers_, vol. 21, page 797.
They were based upon the then prevalent opinion that the Constitution
had not conferred upon the Supreme Court of the United States the power
to decide disputed questions of boundary, or similar questions, between
States of the Union, and proposed an amendment to remedy that
difficulty, expressly recognizing that the right to resort to force in
such cases necessarily resulted from the omission. The decision of the
Supreme Court, in the case of _Rhode Island_ vs. _Massachusetts_, that
it possessed that jurisdiction, conjured that danger. The greater one,
however, of there being no tribunal to administer justice between the
federal and State sovereignties, remains.
I will also refer to one other resolution, passed by the Legislature of
the State of New York, on the 29th January, 1833, upon the
Nullification Ordinances, as they were called:
"_Resolved_, That we regard the right of a single State to make
void within its limits the laws of the United States, as set forth
in the Ordinance of South Carolina, as wholly unauthorized by the
Constitution of the United States, and, in its tendency, subversive
to the Union and the Government thereof."
Public-domain text, read in full here on John Shaqi.
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