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
When a nation is an independent nation, all other nations of the earth
are, by public law, bound to recognize it, and bound to recognize its
right to make war. The most powerful nation in the world has no more
right to make war than the smallest nation in the world; and, each
being judge of its own conduct, when a state of war exists, such war
must, by the public law of the world, be recognized. But when new,
unformed, inchoate, tentative consolidations or efforts of
nationalities present themselves, every nation has, by the public law,
a right to exercise its own wisdom, its own policy and its own sense of
justice, to determine whether or not it will recognize them; and, in
every one of the cases I have referred to that came before our Courts,
arising for their consideration as between two parts of a foreign
country, our Courts said--Our Government has done so and so; it has
recognized them as belligerents, and we follow our Government. In other
cases, as in that of the Commander Aury, the Court said--We do not
understand that there is any such power known in the world; our
Government has never in any way recognized, not its independence, for
that is not necessary, but its position as a war-making power, or as a
struggling power, fighting for nationality, and we cannot recognize
that condition of things.
Now, unhappily, there arises a conflict in our own country, which
presents the case of an armed military rebellion--a revolt of certain
portions of population, maintaining, if you please, to a certain
extent, the mastery over a certain portion of our soil, using against
us the actual means and processes of war, and compelling from our
Government, in maintaining dominion against their aggressive assaults,
the means of military power, naval and land forces, and all the
authority and violence of war. Foreign nations have had, in regard to
us and to this conflict, the same kind of questions presented that have
been presented to us in the contests between the dismembered parts of
other countries. And every nation was free to determine, upon this
exact question of the right of private war, as belonging to those
rebellious portions of this country--to determine whether it would
tolerate privateering as a warlike proceeding, or would regard
privateers as marauders or pirates without just right or cause, and
without the pretence of sufficient force and dignity, in a movement to
disturb the peace of the world.
Public-domain text, read in full here on John Shaqi.
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