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, what did the Minnesota do? The Commodore took the prisoners on
board that vessel, as he tells you, for the purpose of sending them to
New York by the first naval vessel that he should be able to detach
from the service. Did he, in the interval between the capture and the
complete transmission and reception of the prisoners here, ever make a
port or a landing from his vessel, or ever depart from the design of
the voyage on which he was engaged? No. He was on his cruise, bound to
no port, always at sea, and only in such relations to the land as the
performance of his duty to blockade at such points as he saw fit,
whether at Charleston or the Capes of Virginia, required him to be in.
And there is no difference, in the quality of the act, arising from his
having stopped at Hampton Roads, and thence sent forward the prisoners
by the Harriet Lane, because she was the first vessel that was going to
New York--going, as has been stated, for a change of her armament and
for repairs.
Now, I submit to your honors, that there is nothing, either in the
design or the act of this blockading vessel, the Minnesota, or of the
Harriet Lane, that causes the course of transmission of these prisoners
to the point of their arrest in this District to differ from what it
would have been if, with an even keel, and without any interruption,
the capturing vessel, the Perry, had started for New York, and had, in
the course of her navigation, come within the line of a marine league
from the shore of some District of the United States, and had,
perchance, anchored there, for the purpose of replenishing her supplies
for the voyage. In other words, in order to make out, within the terms
of the statute, a bringing into a District of the United States, so as
to make it a District of jurisdiction, within the sense of the statute,
it is impossible for the Court to fail to require the ingredient of a
voyage into a port, at least as a place of rest and a termination of
the passage of the vessel, temporary or otherwise. That is requisite,
in order to make an introduction within a District. And I cannot
imagine how his honor, Judge Sprague, or his honor, Judge Clifford,
could, in the case before them, have given any such significance to the
prior arrival of the vessel of the United States at Key West; for, it
was but a stopping at an open roadstead for the purpose, not of a port,
but of continuing at sea or in the sea service of the country.
Public-domain text, read in full here on John Shaqi.
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