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
Now, on the facts in this case, there is no room for disputing that the
first apprehension was within this District. Nor can I deny that the
seizure of these persons on the high seas was made by an armed vessel
of the United States, either under the general right which the law of
nations gives both to public and private vessels to seize pirates, or
under the implied right and power to do so, certainly so far as to make
it justifiable on the part of commanders of cruisers, by virtue of the
provision of the Act of 1819 which authorizes them to send in a
piratical vessel. These men were sent in, in the course of such active
intervention, by an armed vessel of the United States. But I submit to
your honors, that the provisions of that Act, which thus incidentally
include, as it were, the transmission of the ship's company of a
pirate, because they are to be subdued, and the ship is to be sent in,
cannot be turned, by any process of reasoning, into anything that can
be called a legal apprehension. I am satisfied that your honor, Judge
Nelson's view, that the term "apprehension" is only meant to apply to
the service of judicial process within a District, is entirely sound.
The principal argument and the principal authority relied on to
displace the jurisdiction thus plainly acquired under one alternative
of the statute, denies, really, that there is any alternative, or that
there can possibly be two Districts, either one of which may rightfully
have jurisdiction. That, I take it, is the substance of the
proposition. It is, that the alternative gives to one of the two
exclusive jurisdiction; and that, whenever facts have occurred--whether
jurisdiction has been exercised or not--which give to the one District
jurisdiction and an opportunity to exercise it, then, by the prior
concurrence of all the circumstances which fix the statutory
jurisdiction on that District, the possibility of the occurrence of any
new circumstances to give jurisdiction in the other and alternative
District is displaced.
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