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
_Mr. Evarts_: No, sir, it is not specific. Now, in the Act of March 3d,
1819, entitled, "An Act in addition to the Acts prohibiting the slave
trade," which will be found at page 532 of the 3d volume of the
Statutes at Large, a general authority is given to the President,
"whenever he shall deem it expedient, to cause any of the armed vessels
of the United States to be employed to cruise on any of the coasts of
the United States or Territories thereof, or on the coast of Africa, or
elsewhere," "and to instruct and direct the commanders of all armed
vessels of the United States to seize, take, and bring into any port of
the United States, all ships or vessels of the United States,
wheresoever found," engaged in the slave trade. And then comes this
distinct provision in reference to the apprehension and the bringing in
for adjudication of persons found on board of such vessels. It is the
last clause of the first section: "And provided further, that the
commanders of such commissioned vessels do cause to be apprehended and
taken into custody every person found on board of such vessel so seized
and taken, being of the officers or crew thereof, and him or them
convey, as soon as conveniently may be, to the civil authority of the
United States, to be proceeded against in due course of law, in some of
the Districts thereof."
This Act is the one referred to by Judge Sprague in the case of _The
United States_ vs. _Bird_ (_Sprague's Decisions_, 299)
_Judge Nelson_: There is limitation to that Act, is there?
_Mr. Evarts_: No, sir; it is unlimited in duration, and a part of the
law now administered. Now, I need not ask your honors' attention to the
familiar act which gives to Consuls of the United States direct
authority to take offenders into custody and detain them, and send them
by the first convenient vessel to the United States, to be delivered to
the civil authorities to be proceeded against.
Now, my proposition is this,--that neither under the slave-trading Act,
nor under the Act for the prevention and punishment of piracy passed in
1819, does the extra-territorial seizure, control and transmission of
offenders, exclude the plain terms of the alternative of the statute,
which makes jurisdiction dependent, not on apprehension merely, but on
apprehension within a District; and that, even though there is a
governmental introduction of the offender into a District, making that
District, in a proper sense, the one into which he is first brought,
yet that does not in the least displace the alternative of jurisdiction
of an apprehension within a District, there having been no prior
apprehension, by process, within any other District, as the
consummation and completion of the delivery of the offender to the
civil authorities for the purpose of a trial, the transaction having
been instituted on the high seas or in a foreign port.
Public-domain text, read in full here on John Shaqi.
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