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
A great deal will be said, undoubtedly, on the part of the
prosecution, here, with reference to this being a revolutionary
overthrow of the Government of the United States in the States which
have taken these steps. I have only to ask, in reference to
that--conceding it, for the sake of argument, in its fullest
extent--what was the adoption of the Constitution of the United States
but a revolutionary overthrow of the previously existing
Confederation? It was done by nine States, without the consent of
four, whose consent was necessary, and the Government of the United
States went into operation; and it was a long time before at least two
of them came in under the new Government.
_Mr. Evarts_: Will my learned friend allow me to ask him, in that part
of his argument which proceeds upon the right of a State, yet being a
State, to justify the acts of its citizens, to explain the proposition
that a State can oppose the United States, within and under the
Constitution, in regard to any law of the United States about which
this essential right of judgment, whether the aggression of the United
States has carried it beyond the powers of the Constitution, or not,
is claimed to exist?
_Mr. Larocque_: I thought I had been very explicit on that. I said, in
the first place, that I had nothing to do with the question of right
or wrong. I said this: That a collision had occurred between the
government of the State and the Federal Government; that each being
sovereign, within the limitation of its powers, had a right to judge
for itself whether the occasion for such a collision had occurred, or
not; that these prisoners, citizens of the States which had decided
that such a case had occurred, as subjects owing allegiance to two
equal and co-ordinate sovereigns, which had come into hostile
collision with each other, must exercise, upon their consciences,
their election to which Sovereign they would adhere; and that,
whatever may be the unfortunate consequences, they are not responsible
before the tribunal of the other sovereignty because they adhered to
one of them; that they would be no more responsible before the
criminal tribunals of South Carolina if, in this contest, they had
adhered to the General Government and borne arms against their native
State, than they are responsible in the tribunals of the Federal
Government because, exercising their own consciences, they had adhered
to the State and not to the Federal Government. I say it is like the
case of a child whose parents disagree, and who is obliged to adhere
either to his father or his mother; and that he violates no law of God
or of man in adhering to either.
_Mr. Smith_: If the Court please, I rise for a purpose different from
the remark that I wish to make in reply to the last illustration of my
learned friend. I might say that the instance of a child is one very
parallel to that we might have given--that the father is the superior
authority, where there is a difference between two parents.
Public-domain text, read in full here on John Shaqi.
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