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
On the 25th of June last, when the startling intelligence was announced
in our daily papers of the capture of the so-called _Pirates of the
Savannah_, our community was thrown into a _furore_ of excitement.
Every one was anxious to get a glimpse of the "monsters of the deep,"
as they were carried manacled through our streets. Some expected to see
in Captain Baker a "counterfeit presentment" of the notorious Captain
Kidd; others expected to trace resemblances in Harleston and
Passalaigue to Hicks and Jackalow; but what was their surprise when
they discovered, instead of _fiends_ in human shape, gentlemen of
character, intelligence, refinement, and education! Captain Baker is a
native of the Quaker City, Harleston and Passalaigue of the State of
South Carolina,--all occupying the best positions in society, and
respectably connected. The father of Harleston was educated in one of
our Northern universities, and, by a strange coincidence, one of his
classmates was no less a person than the venerable and distinguished
counsel who now appears in behalf of his unfortunate son. (The counsel
directed his eyes to Mr. Lord.) Another strange coincidence in the case
is, that twelve men are sitting in judgment upon the lives of twelve
men, and these men "enemies of the country, enemies of war," and as
such are entitled to the rights of prisoners of war.
They do not belong to your jurisdiction; their custody belongs
exclusively to the military and not the civil power. Instead of being
incarcerated as felons, in the Tombs, they should have been imprisoned
in Fort Lafayette, as prisoners of war. They are your enemies to-day;
they were your friends yesterday. It is no uncommon occurrence that
when two men engage in a quarrel, ending in a fierce combat, they are
afterwards better friends than they were before; the vanquished
magnanimously acknowledging the superiority of the victor, and the
victor in return receiving him kindly. And so, gentlemen, I hope the
day is not far distant when the Stars and Stripes will float in the
breeze upon every house-top and every hill-top throughout the length
and breadth of our glorious Republic: then shall we establish the great
principle, for which our forefathers laid down "their lives, their
fortunes, and their sacred honor," that this is a Government of
consent, and not of force; and "that free governments derive their just
powers from the consent of the governed."
In this case some of the gravest and most complicated questions of
political and international jurisprudence are involved.
Public-domain text, read in full here on John Shaqi.
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