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
We must, however, in judging of their act, place ourselves in their
position. They were foreigners. As foreigners, they brought to this
country views and notions as regards their act which are widely
different from those sought to be enforced here. They knew the
practice and theories of Europe in regard to their act. What are those
views and theories? I can state them in a very few words, and am sorry
that the authorities to which I shall refer are in a language which
may not be familiar to your honors. I will, however, state their
effect. It is this: Whenever a rebellion in any country has assumed
such extensive magnitude as no longer to be a simple insurrection,
which may be put down by police measures or regulations, but has come
to such a degree that mighty armies are opposed to each other,
although the revolted portion may not have been acknowledged by any
nation, yet belligerent rights must be granted to it. This is the
notion, or theory, which has entered into the mind of every European,
to whatever State or nation he may belong. I may be permitted to quote
a few historical facts to show why this is so. When the Netherland
Colonies revolted against Spain the privateers of the Prince of
Orange, even before he was elected Admiral General by those Colonies,
were by most nations recognized. They were only not recognized by some
of those nations against which they committed depredations; and it is
a historical fact that a great many of those privateers commissioned
by the Prince of Orange became pirates.
Another case is furnished by our own Revolution. It is known to all
Europeans that, although in the beginning of the American Revolution
England did not recognize the belligerent rights of America, yet,
after some time, she did recognize those rights, even by a
Parliamentary Act. I refer to 16 George the Third, ch. 5. The same was
the case in the French Revolution; and there I may refer to a very
curious fact. England recognized the privateers of the revolutionary
Government of France, so far as those privateers went against other
nations; but when they cruised against her own commerce she did not
recognize them. She remonstrated with Denmark because Denmark had
recognized them, and Denmark simply pointed to her (England's) own
course.
All these facts are very well known to every European, and it is with
a knowledge of these facts that every European looks upon a
revolution. To express it in a very short sentence, it is the theory
of "Let us have fair play."
Public-domain text, read in full here on John Shaqi.
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