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
curl of contempt play upon the lips, of the old hero of Lundy's Lane,
as he hears the foul imputation upon the stainless honor of the
well-tried friend of many years. No, gentlemen, these men are not
pirates! they are not robbers! Your own hearts tell you they are not.
Truly, it may indeed be said, that civil war does pervert the natural
taste, and relish of equity and of justice.
But, gentlemen, what is the object of this prosecution? Can the united
States desire revenge on these men? That is a passion not attributable
to States. States have no passion. The dignity and the power of a State
ought to make it tolerant. Is it because the President's proclamation
has pronounced these men pirates? Certainly, the respected Chief
Magistrate of these United States has no disposition to enforce this
law, simply because he has declared it, as in the case of King
Ahasuerus. Is their punishment sought for the good of the community? If
it is designed for such a purpose, its effect is very questionable.
It is extremely strange, gentlemen, that the prosecution should have
been, any how, brought on now, and under this Act. Is it a strange
fact, gentlemen, that, under the Act of William the Third, which has
been cited to you, there was not, during the American Revolution, a
single American privateersman ever brought to trial in England. And yet
the English Government repeatedly captured them, and put them in
prison. That Act is just as strong as this, for the ninth section of
our Act of 1790 is copied from it. I suppose the truth is, gentlemen,
that the English Government felt the utter inapplicability of that law
to a case of this kind.
But, it is time that I should draw to a close. If these men have been
brought into the position in which they now stand, much depends upon
their political education--much depends upon the different views with
which they have regarded this question from ourselves. It is the part
of humanity to err. These men are the representatives of those who
were once united with us in the gentle tie of brotherhood. That tie is
now rent, and it may be years before the kindly and good feeling which
once subsisted between the sections is restored. God grant that the
hour may not be far distant! But, gentlemen, to treat these men with
kindness; to treat them with humanity; to have respect for that great
principle which underlies the bottom of our own Government--the right
of resistance (and I mean here legal resistance, and not that
revolutionary resistance which the Courts of justice do not adopt, and
never have, and cannot sanction),--I say, to treat them with kindness
and humanity will do more, in my honest belief, to knit together the
two sections than a hundred battle-fields would do.
Public-domain text, read in full here on John Shaqi.
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