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
What are the traits and circumstances of that transmission? I
understood my learned friend, Mr. Lord, to concede that he would not
argue that the mere transit of the keel of the vessel transporting the
prisoners, in the course of its voyage to a port of destination,
through the waters of another District, was an importation or
introduction of the offenders into that District, so as to make it the
place of trial. Take, for instance, the case of a vessel making a
voyage from Charleston to New York. For aught I know, certainly, within
the practicability of navigation, her course may be within a marine
league of the shore of North Carolina, of the shore of Virginia, of the
shore of Maryland, and of the shore of New Jersey, before making the
port which is the termination of her transit. Well, my learned friends
say that they do not claim that this local position of a vessel within
a marine league while she is sailing along, is, within any sensible
view of the statute, an introduction into the District, so as to found
a jurisdiction.
Let us see, if your honors please, whether the transit of these
prisoners from the capturing vessel to the Marshal's office in New York
was not simply part of the continuous voyage of the vessel from one
point to the other. Where was the Minnesota, and on what employment and
duty, at the time she received these prisoners on board? She was the
flag ship, as the Commodore has told us, of the Atlantic Blockading
Squadron, and her whole duty was as a cruiser or blockading ship, at
sea, in discharge of the duty assigned to her.
I take it for granted that my learned friends will not contend that a
vessel, pursuing her voyage continuously along the coast of North
Carolina and the coast of Virginia, introduces an offender within a
District by stopping, either under any stress of navigation, or for any
object unconnected with any purpose to terminate her voyage, or that
the fact of her being becalmed, or of her having anchored off the coast
to get water or supplies, and having then pursued her voyage
continuously to New York, would alter the character of the transit, in
any legal construction that it should receive.
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