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)
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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
If, for fifty years to come, the United States shall not re-establish
her sovereignty and restore her laws and power over the seceded States,
and the latter shall continue to maintain an open and exclusive
Government; and if the United States shall still refuse to recognize
the new Government by formal documentary record, would the refusal then
warrant the United States in capturing Confederate armies of a new
generation, and punishing them for treason and piracy? And, if so fifty
years hence, would it continue twice or thrice fifty years? Or what is
the limit? The difficulties in the answer can be avoided in only one
way, and that is, to conclude that the acknowledgment of the
independence of the revolutionizing section is of no consequence at
all, for all the purposes of this case, provided the fact of
independence and separate Government really exists, and is proven. A
_de facto_ Government, merely, must be allowed by every sound jurist to
possess in itself, for the time being, all the attributes and functions
of a Government _de jure_. It may properly claim for itself, and the
citizen may rightfully render to it, allegiance and obedience, as if
the Government rested on an undisputed basis.
This is a rule never denied in the law of nations. History has scarcely
a page without its record of revolution and dynastic struggle to
illustrate this rule. The official acts of a _de facto_ Government
affecting personal rights, title to property, the administration of
justice, the organization of its society, and imposing duties on the
citizens, receive that consideration which belongs to acts of
long-established Governments.
The successor does not pronounce the laws of the predecessor null. He
simply repeals them, with a clause protecting all vested rights. This
principle is correct, even in case of an usurping monarch; but how much
more, if it shall appear that the people who are to be governed, have,
for themselves, with mutual concurrence and choice, cast off the former
Government, and organized a new one, avowing to the world their purpose
to maintain it, and at the same time yielding to it the obedience which
it requires?
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