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
The second paragraph of the section provides that no State shall,
without the consent of Congress, enter into any agreement or compact
with another State. It follows that, conceding the invalidity of the
State acts of separation from the Union, which the whole of the
preceding argument admits, the Confederation of the States claiming to
have separated is not valid against the authority of the Union; but the
individual States, in ratifying the Constitution of the so-called
Confederate States, have done more than to make an agreement or compact
with each other. Each one of them, separately, has conferred upon the
same agent the authority to issue the commission in question, as its
act.
Moreover, this second paragraph of the tenth section strongly confirms
the doctrine of the right of forcible resistance of the States in the
Union. It permits a State, without the consent of Congress, to engage
in war when actually invaded, or in such imminent danger as will not
admit of delay. This, it will be remembered, is in the paragraph of the
section imposing restrictions upon the States, and clearly justifies
forcible resistance, rising even to the dignity of war, by one State,
to aggressive invasion, from another or others, when the danger is so
imminent that it will not admit of delay.
The same paragraph also permits individual States to keep troops and
ships of war, in time of war. The word "troops" here is evidently used
in the sense of regular troops, forming an army, in contradistinction
to the ordinary State militia.
To apply, then, these principles to the facts of this case: The
President of the United States had, by proclamation, on the 15th April
last, called for military contingents from the various States of the
Union, to put down resistance to the exercise of federal authority in
the State of South Carolina and other Southern States.
Those States had, by their Legislatures and Conventions of their
people, decided that a proper case for resistance to the federal
authority claimed to be exercised within their borders had arisen, and
had authorized and commanded such resistance.
The 5th section of the Act of July 13th, 1861, and the President's
Proclamation of August 16th, under that Act, concede that the
resistance was claimed to be under authority of the State governments;
that that claim was not disavowed by the State governments; and
Congress thereupon legislated, and the President exercised the
authority vested in him by the Act, on the assumption that such was the
fact,--prohibiting commercial intercourse with those States,
authorizing captures and confiscations of the property of their
citizens without regard to their political affinities, and placing
them, as we contend, in all respects, upon the footing of public
enemies.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account