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
statute that it would ever have to be applied to exclude protection
under a commission from a citizen of the United States, its terms are
absolutely fitting. I contend that the statute is complete, and that
this commission is not a pretence of authority, even under the law of
nations establishing and recognizing privateers for struggling
communities. It is nothing but an authority from one citizen of the
United States to another citizen of the United States to prey upon the
property of the United States.
There are, if the Court please, some political considerations which
were, it appears to me, more appropriately urged by my learned friend,
Mr. Larocque, in his first address to the Jury, than in his argument to
the Court. The point made by him was this--that, under the Constitution
of the United States, every citizen of every State held what was called
the position of divided allegiance, having two sovereign masters over
him; that they were equal and co-ordinate sovereigns; and that it was
his duty to obey both of them. Now, with the necessary limitation that
each one is sovereign over him in some respects, and has not the least
power over him in others, and that the other is sovereign over him in
other respects, and does not include the first topic or line of duty,
there is a speculative support for this general notion. And, whenever
it is not urged into any absurd consequences, it serves, in the
language of the Courts and of public men, to describe the complex
Government under which we live. But, if my learned friend means to
assert that there are, under the Government of the United States,
according to its form and method of organic operation, two equal
sovereigns over every citizen on the same subjects, why then he has
flown in the face of a fundamental proposition, coming from higher
authority than the Convention of 1790--that no man can serve two
masters. It is not in the nature of things that there can be two
sovereigns having equal rights and authority over one subject; and my
learned friend illustrates the absurdity of the proposition when he
comes to consider what would be the result if the two sovereigns should
disagree. He says it is the duty of the subject to adhere to one side
or the other; that, it being his complete duty to adhere to one side,
the other side cannot complain of it as a breach of duty that he does
not adhere to him, but to the other; and that, therefore, the general
rule, that when you have a sovereign and are unfaithful to him you may
be hanged, cannot apply to the case, because you would, in either case,
be hanged. And his wise, and suitable, and certainly humane solution of
this difficulty is, that when one of the sovereigns indicts you for
treason, it is a good bar to say you elected in good faith to serve the
other sovereign. Thus, so far from there being two sovereigns, the
nature of the term sovereign including the right to hang you for
unfaithfulness, there is not one that has the right to hang you, and
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