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
"Art. 7, sec. 2, concerning treason, was then taken up.
"_Mr. Gouverneur Morris_ was for giving to the Union an exclusive
right to declare what should be treason. In case of a contest
between the United States and a particular State, the people of the
latter must, under the disjunctive terms of the clause, be traitors
to one or other authority.
"_Dr. Johnson_ contended that treason could not be both against the
United States and individual States, being an offence against the
sovereignty, which can be but one in the same community.
"_Mr. Madison_ remarked that as the definition here was of treason
against the United States, it would seem that the individual States
would be left in possession of a concurrent power, so far as to
define and punish treason particularly against themselves, which
might involve double punishment."
The words, "or any of them," were here stricken out by a vote.
"_Mr. Madison_: This has not removed the difficulty. The same act
might be treason against the United States, as here defined, and
against a particular State, according to its laws.
"_Dr. Johnson_ was still of opinion there could be no treason
against a particular State. It could not, even at present, as the
Confederation now stands--_the sovereignty being in the Union_;
much less can it be under the proposed system.
"_Colonel Mason: The United States will have a qualified
sovereignty only. The individual States will retain a part of the
sovereignty._ An act may be treason against a particular State,
which is not so against the United States. He cited the rebellion
of Bacon, in Virginia, as an illustration of the doctrine.
"_Mr. King_: No line can be drawn between levying war and adhering
to the enemy, against the United States, and against an individual
State. Treason against the latter must be so against the former.
"_Mr. Sherman_: Resistance against the laws of the United States,
as distinguished from resistance against the laws of a particular
State, forms the line."
_Mr. Ellsworth_, afterwards Chief Justice of the Supreme Court of the
United States, closed the debate in these memorable words:
"The United States are sovereign on one side of the line dividing
the jurisdictions; the States, on the other. _Each ought to have
power to defend their respective sovereignties._"
Public-domain text, read in full here on John Shaqi.
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