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)
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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
If your honors please, I may say that this notion of belligerent
rights in revolution has entered into the flesh and blood of every
European to such an extent, that the only nation which does not allow,
in revolution, that fair play, is despised and hated, except by these
United States. I mean Russia. Russia is now very friendly towards this
Union; not, however, I may be permitted to state--reversing an
oft-quoted passage of Shakspeare--not because she loves Rome more, but
that she loves Cæsar less. It is not out of love for this country, but
because the diplomatists of Russia--the farthest-seeing diplomatists
of Europe--hope that England and France will interfere in the contest
between these States, and that she may get an opportunity to return
the compliment to these two powers which she received from them at
Sebastopol. With a knowledge of these facts, and with these European
theories, these foreigners, now indicted under the Act of 1790,
entered into this privateering business.
They saw, as I said before, Charleston blockaded. To them a blockade
is an act of belligerent rights. They saw a constitutional government
adopted in the Confederate States. They never dreamed that, if they
wished to embark in this privateering business, they should be treated
as pirates. They knew well, as every European knows who has any
knowledge of international law, that there are two kinds of
piracy--piracy by international law, and piracy under municipal
law--municipal piracy, or, as Mr. LORD called it yesterday, statutory
piracy.
And now I refer, as to the right of one nation making anything piracy
that is not piracy by the law of nations, to Wheaton, volume 6, page
85; 1st Phillimore, 381; and to 1st Kent, 195. I will not take up the
time of your honors in reading all these passages, but I hold here the
last work on international law. It is, however, written in the German
language. It is of unbounded authority on the Continent, and has been
translated into French and Greek. It is very frequently referred to by
all those authors whom I have just quoted. It states this theory in
two lines, which I will read to your honors in a translation:
"Laws of individual nations (as, for instance, the French law of
the 10th April, 1825) may, so far as their own subjects are
concerned, either alter the meaning of piracy, or extend its
operation; but they are not allowed to do that to the prejudice of
other States."
I refer to Hefter on Modern International Law, 4th ed., page 191.
Public-domain text, read in full here on John Shaqi.
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