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
Let me illustrate further the absence of all reason to support the
proposition that, until a formal acknowledgment of the existence of the
Confederate States by the United States, the official acts of the
former cannot be regarded as having any validity, or as affording
protection to their citizens. Go beyond our own borders, to countries
where the sovereign is an individual, with fixed hereditary right to
reign, and where the doctrine established is that which I repudiate,
"Once a sovereign, always a sovereign," and that the sovereign rules by
divine right and cannot innocently be superseded. If the doctrine
affirmed in this case be true, that to give validity to the acts of a
Government established by a revolution the preceding Government must
have recognized its existence, then the world will be sadly at fault.
Show me where the King of Naples has acknowledged the kingship of
Victor Emanuel? Show me where the sovereigns of Parma and Modena and
Tuscany have consented to the establishment of the new government in
their territory?
But the people have voted in the new Government, and they maintain it;
and Victor Emanuel is, in spite of King Bomba, _de facto_, King of
Naples; and Victor's commissions to his army and navy, and his letters
of marque, will be recognized in every court in every enlightened
nation.
Even in Italy, the Courts of Justice would, when the case arose that
required it, enforce the same regard to the existing Government as if
the former sovereigns had formally relinquished their claims to
sovereignty. Again, I say, the act of the people is entitled to more
weight in an inquiry, "what is the Government?" than the seal and
recognition of the former sovereign.
As Americans, imbued with correct opinions upon the relation of the
governed to the governing, your hearts reject the theory propounded by
this prosecution, and concur with me.
To vindicate your opinion you will find the defendants herein "not
guilty."
Public-domain text, read in full here on John Shaqi.
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