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 believe that all the cases have been cited, either on the one side or
the other, from the Reports of the Supreme Court of the United States,
that have had to do with the question as to the political character of
the revolted South American States. Those which were cited by my
learned friend, Mr. Larocque, _The Josefa Segunda_ (5 _Wheaton_, 338),
_The Bello Corunnes_ (6 _Wheaton_, 152), and _The Santissima Trinidad_
(7 _Wheaton_, 283), are all authorities, as we suppose, for the view
which the Courts adopt, even when they are Courts of a neutral
nation--that they follow the decisions of their Government as to the
public quality and character of belligerents.
Adjourned to Monday, 28 Oct., at 11 o'clock, A.M.
FIFTH DAY.
_October 28, 1861._
ARGUMENT OF MR. DUKES FOR THE DEFENCE.
_Mr. Evarts_ said: Perhaps it is unnecessary that I should say to the
Court and learned counsel, that I shall refer to the Statute of
treason, as well as to the Constitutional provision as to treason. The
Statute of treason is found in the first section of the Crimes Act of
1790.
_Mr. Dukes_ said:
_May it please your honors and gentlemen of the Jury._
It has been said by one of the most eminent statesmen that ever lived,
that "civil wars strike deepest into the manners of the people,--they
vitiate their politics; they corrupt their morals; they pervert the
natural taste and relish of equity and justice."
If this be so, one would think that this was a singularly unfortunate
time for the Government to bring on the trial of these prisoners at
your bar, who are entitled to that right which the Constitution offers
to the meanest citizen--that of a fair and impartial trial.
Is it to obtain that fair and impartial trial that the case is brought
on now, when the flame of civil war lights the land, and when, in every
stage and condition of society, the bitterest sentiments of hostility
prevail?
Is it in order to afford the prisoners a fair and impartial trial that
the case is brought on now, when tender infancy and gentle woman unite
with stern and selfish man in uttering the deepest imprecations on
their enemies?
Is it in order to obtain a fair and impartial trial that the case is
brought on now, when, on God's holy day, in his holy temple, his chosen
ministers officiating at his holy altar, utterly unmindful of the
injunction of their meek and lowly Master, "to forgive their enemies,
and to pray for those who despitefully use them"--offer up to Heaven
prayers for its severest vengeance upon the heads of their enemies?
If so, gentlemen, I beg at least, (as one of the counsel,) to offer my
dissent.
Public-domain text, read in full here on John Shaqi.
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