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
I am now brought to the consideration of who are the parties to this
controversy, and what are the relations of this Court and of the laws
we are administering to the subject and the inquiry. The Government of
the United States still stands. The old Constitution, the whole system
of its statutes, the whole power of its army and of its navy, stand. It
has its Courts of judicature; it has its commerce still on the seas;
its laws are still operative, and still to be administered. And when
this Court considers this case, it finds it brought before it as every
other criminal case is, and limited to the considerations that belong
to every criminal case. The Government of the United States, by the
ordinary exercise of the process of judicature,--by seizure under
public authority,--by arrest within this District, through the criminal
process of this Court,--by the indictment of a Grand Jury,--by the
prosecution of the District Attorney,--has proposed to this Court the
naked and narrow inquiry of whether these men have committed a crime
against the statutes of the United States. Now, I would like to know
whether there is anything in these occurrences, that have secured, if
you please, for the present, (and the future may be uncertain,) in
large portions of our territory, a practical control over great
portions of our population,--I would like to know if there is anything
in these transactions that has displaced the constitutional legislation
of the United States of America over crimes on the high seas, and over
its citizens committing crimes on the high seas, or over subjects or
citizens, of whatever country, committing crimes on the high seas
against our property? I take it, not. Therefore, if your honors please,
whatever may be said, in one form or another, of the political right,
as respects these States, either constitutionally or by the right of
force, to be independent, or to attempt to be independent of the United
States, or to engage in this struggle for the settlement of some
question of dispute under the Constitution,--whatever may be said of
that, your honors cannot fail to discover that nothing which has
occurred has destroyed the organism of our Government, or altered for a
moment the judicial authority or the force and supremacy of the
Constitution and the laws, within the territory where the Courts are
open, over the subjects of our Government, and the subjects of whatever
Government, in respect to whatever property, upon the high seas.
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