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
nevertheless adhered in loyal faith to their time-honored doctrine of
free government. In the faithful devotion of the Sons, the principles
of the Fathers have been revindicated. Henceforth the nation must stand
unapproachable in their greatness."
Why I make these observations, gentlemen, is, that when the officers of
the United States ask you to-day to find a verdict of guilty against
these prisoners, they ask you to do that which, shape it and distort it
and reason about it as they may, is asking you to lift an impious hand
and strike a parricidal blow, conspicuous in the eyes of the world,
against the ever sacred doctrine which our ancestors transmitted to us
as their best legacy and a part of their own good name. Will you
abandon it? Nay, rather cling to it,
"As one withstood clasps a Christ upon the rood,
In a spasm of deathly pain."
I wish now, gentlemen, to ask you to go with me a moment to the deck of
the _Perry_, when she captured the _Savannah_ and her crew. Let us
recall the historical incidents of the capture, and the preparations
for the trial, that we may introduce this case as justice requires.
The _Savannah_ was captured on the Atlantic Ocean, about fifty-five
miles from Charleston. The Commander of the _Perry_, who at that moment
represented the United States Government, virtually said to the
defendants herein, "We propose to try you as _citizens_ of the United
States, who, by acting under a commission of letter of marque from the
Confederate States, have become liable to the penalties of the United
States law against piracy." The prisoners at once reply, "If that is
true, take us into the nearest ports for trial. They are in South
Carolina. You claim that she is a part of the United States, and that
her citizens (_i.e._, ourselves) are amenable to your laws, and that
the United States are sovereign there. Take us before one of your
Courts in that State and try our case." "Oh! no, (say the United
States) we cannot, with all our guns, land upon the shores of South
Carolina." "Well, take us into the adjoining State, Georgia." "No;
there is not an officer of the United States in Georgia. We cannot
protect or sustain a single law in Georgia." "Well, take us to Florida,
Alabama, Mississippi, Louisiana or Texas--any place along that extended
coast of over two thousand miles." "No, (say the United States)
throughout all that coast, we confess to you, Capt. Baker, that we have
not a Court, not an officer, we cannot execute a single law." "Well,
take us north, into North Carolina, or into Virginia." The reply of the
United States is still, "We have no place there. But, notwithstanding
we admit that throughout that territory we have no practical existence;
we have no Court; we have no civil functionaries; we have no protection
for allegiance to us; we have not a citizen who acknowledges his
allegiance to us; we admit that the people in those States have
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