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
The learned counsel who spoke last Saturday, referred to privateering
as a relic of the barbarous age. No one agrees with the learned counsel
in that respect more than I do; and from the bottom of my heart I hope
that he may be yet able to take his share in banishing from the world
this relic of the olden time. But, really, I see very little chance of
advancement in that line, so long as a vessel of war is allowed to take
private property on the seas. There should be perfect immunity for all
property on the ocean belonging to individuals; but the letter of Mr.
Marcy shows that we are not yet exactly up to that point.
The learned counsel stated that, before he could concede the commission
in this case to be a justification, two things must be shown: First,
there must be a state of war; and, second, the privateer must have
received his commission from some public, national, sovereign power.
Well, we think we have shown the existence of war sufficiently
strongly; and as to this point, I fancy that few gentlemen of the bar
can forget the pointed and admirable allusion of the learned counsel
himself (Mr. Evarts), in his argument in the District Court, some time
since, to the absent clerk, in illustrating the fact of the existence
of war. I remember how forcibly it struck me when I read it. The
decisions in the case of the South American privateers settles the
point as to the nationality.
But, gentlemen, there is another subject to which I will briefly
allude--that is, the abstract right of these States legally to secede.
Now, gentlemen, we do not deny that there is no such right. I concede
all that. Yet, still, these men have ever held different notions; and,
on this subject, a line has been drawn for many years through an
immense tract of this our country. The right or the wrong of it does
not affect us here. You have failed to convince them, and they have
failed to convince you. There is no common arbiter between you, because
they contend that, being sovereigns, they cannot submit to the Courts
questions between themselves and the United States. Now, they may be
wrong, but have you the right to declare them so? You ought to be
perfectly certain. Justice, reason, and duty prompt that there ought to
be no mistake. When you hold a party for a criminal charge, there ought
not to be a reasonable doubt. Is there no possibility that, in the
course of the proceedings between the Federal and State Governments,
you may be wrong? Does truth only consort with one side of the line,
and falsehood with the other? May you not be mistaken? Look at the
different lights in which, for years, you have respectively viewed
various questions. See how gradually the change has been effected; and
yet how stronger and stronger it has grown day by day. Can any one
forget the deep and intense anxiety with which that great statesman,
Mr. Clay, just before his death, regarded the division between the
Methodist and Baptist Churches of the North and the South? And yet no
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account