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
piracy,--that Congress was bound to define it in terms, and was not at
liberty to leave it to be settled by judicial interpretation. That was
Mr. Webster's criticism upon the statute--that while the Constitution
had said that the law must define what was piracy, Congress had left it
to the Courts to define. Mr. Justice Story delivered the opinion of the
Supreme Court in that case, to the effect, that the crime of piracy was
constitutionally defined by the Act of Congress, and the point was so
certified to the Circuit Court.
The authority which this Court has for punishing the crime which has
come under consideration in this case is the law of the United States,
supported by the Constitution of the United States, in respect to both
branches of the statute under inquiry. As the indictment follows the
law, and the law follows the Constitution, the subject for your
cognizance is rightfully here, and the proofs and the evidence in the
case show that the crime has been committed, and that the acts of the
prisoners which resulted in the seizure of the Joseph on the high seas
include all the ingredients that enter into the completeness of the
crime of robbery on the high seas, as named in the eighth section of
the Act of 1790, and in the third section of the Act of 1820. I am
confining myself, in these observations, to the crime of the whole
twelve, not affected by the question of citizenship, and not falling
under the ninth section of the Act of 1790.
It is certainly not necessary for me here to insist, with much of
detail, on the question of the completeness or effect of the evidence
as showing that the seizure of the Joseph was attended by all the
circumstances of force, and was stimulated by all the purposes of
robbery, which the law makes an ingredient of this offence. So far as
the sufficiency of the evidence is to pass under the judgment of the
Jury, it is entirely out of place for me to comment on it here. And, so
far as any purpose of instruction to the Jury by your honors requires
any consideration now, it is sufficient for me to say, that there is no
trait of violence, and threat, and danger which, within the law of
robbery,--and the law of piracy, if there be any difference,--makes up
the necessary application of force, that is not present here. And I
understand my learned friend, Mr. Lord, to concede, that there was
force enough to make up the crime, if the element of intent, the
vicious purpose of robbery, was present, as part of the body of the
crime.
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