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
you are master of both; for, whatever you do in good faith is a supreme
answer to both.
Now, if the Court please, this is the point of the whole thing--that,
under this peculiar Constitution of ours, and under this division of
the subjects of Government, each sovereign is judge of when the other
has passed the limits of his authority, and that the States possess the
right to compel the obedience of their citizens, and the United States
possess the right to compel the obedience of their citizens. It is
sufficient for us to say that we represent, as Federal citizens, the
Government of the United States in its interpretation of its own
position towards those its citizens, or those persons not its citizens,
who are alleged to have perpetrated crimes against its commerce; and,
whether there be, or not, speculations of political and theoretical and
ethical and conscientious right, in good faith, to put yourself at
variance with the Government of the United States because other people
do so, or because the State authority does so, it follows that the
United States, its authorities, its Courts, and its population, have
the right to think, and feel, and act, as if its Government were in the
right and you were in the wrong; and you, being brought within the
criminal justice of their law, can find no support and no protection
upon the good faith or upon the speculative political theories upon
which you have rested for your protection and for your authority.
It is said, that outside of this question of the political and legal
qualifications of this act which we say is criminal, the circumstances,
actual and moral, which surround these actors, and are shown by their
actions, have deprived their acts of the criminal quality which the
statute affixes to them; and that if, in good faith, they thought there
was a commission, and in good faith thought there was a rightful
Government, that good faith, which has despoiled the American merchant
of his property, is a plea in bar to the criminal jurisdiction of the
United States of America, whose laws they have violated, although all
this pretence, all this show, all this form of political and legal
support qualifying their acts, comes from men whom the Constitution
pronounces to be in the category of rebels and traitors, every one of
them amenable to the final jurisdiction of our laws. This is but
another form of saying that criminals joining hand in hand shall go
unpunished. Make the number of them what you will, if in the eye of the
law they assume authority which is on its face criminal and illegal,
and even though it is a part of a general scheme and organization for
violent military resistance to the authority of the country, no Court
can dispense from the punishment, but must inflict it through the
general and ordinary criminal authority in respect to the crime in
question, leaving the question of dispensation to the clemency, the
humanity, and the policy of the Government.
Public-domain text, read in full here on John Shaqi.
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