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
Gentlemen of the Jury, you have a duty to perform that requires almost
superhuman nerve and moral courage--requiring more prowess than to face
the cannon's mouth. You have it in your power to prove to the nation,
and to the whole civilized world, that in the administration of the
criminal laws of the country, in a case involving the rights and
interests of this Republic, before a Jury of New York citizens, that
"_justice can triumph over passion, and reason prevail over
prejudice_." If there is no other feeling which can influence your
judgment, if you have no sympathy in common with these men, there is a
sympathy you should have--a sympathy for those brave and valiant
spirits who fought so nobly for the Union, the Constitution, and the
enforcement of the laws, and who are now prisoners of war in the power
of the enemy; and it would be expecting too much clemency from the
hands of the enemy to suppose that they would allow the sacrifice of
these men to go unavenged.
I repeat, you have a solemn duty to perform, and public opinion should
not have the slightest influence upon your mind. You are to be governed
by a "higher law;" a law based upon the sacred precepts of Holy
Writ--its teachings emanating from God himself; and therein you are
commanded to observe that golden rule, "Do unto others as you would
that they should do unto you."
ARGUMENT OF JAMES T. BRADY, ESQ.
_Mr. Brady_ inquired of Mr. Evarts for what purpose he intended to
refer to the statute against treason.
_Mr. Evarts_: Not in any other light than I have already referred to
the doctrine of treason, to wit, that a party cannot be shielded from
indictment for the crime of piracy by showing a warrant or assumed
authority for acts which made out that his crime was treason; that
showing a treasonable combination did not make out a warrant or
authority for that which was piracy or murder.
_Mr. Brady_ then proceeded to address the Jury on behalf of the
accused:
_May it please the Court: Gentlemen of the Jury_:
Public-domain text, read in full here on John Shaqi.
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