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
among men as to who should be justly denominated the author of this
document. The debate may be interesting to the historian; but these
principles, though they are embodied in the Constitution, were not
created by it. They have lived in the hearts of man since man first
trod the earth. I can imagine the time, too, when Egypt was in her
early glory, and in fancy see one of the poor, miserable wretches,
deprived of any right of humanity, harnessed, like a brute beast, to
the immense stone about being erected in honor of some monarch, whose
very name was destined to perish. I can imagine the degraded slave
pausing in his loathsome toil to delight over the idea that there might
come a time when the meanest of men would enjoy natural rights, under a
Government of the multitude formed to secure them.
Now, what says _Blackstone_ (_1st vol., 212_), the great commentator on
the law of England, when speaking of the revolution which dethroned
James II.: "_Whenever a question arises between the society at large
and any magistrate originally vested with powers originally delegated
by that society, it must be decided by the voice of the society itself.
There is not upon earth any other tribunal to resort to._"
Prior to the 23d March, 1776, the legislature of Massachusetts
authorized the issuing of letters of marque to privateers upon the
ocean, and when my learned friend, Mr. Lord, in his remarks so clear
and convincing, called attention to the lawfulness of privateering, my
brother Evarts attempted to qualify it by designating the granting of
letters of marque as reluctantly tolerated, and as if no such practice
as despoiling commerce should be permitted even in a state of war. I
will not again read from _Mr. Marcy's_ letter, but I will say here that
the position he took gratified the heart of the whole American people.
He said in substance, If you, England and France, have the right to
despoil commerce with armed national vessels we have a right to adopt
such means of protection and retaliation as we possess. We do not
propose, if you make war upon us, or we find it necessary to make war
upon you, that we, with a poor, miserable fleet, shall not be at
liberty to send out privateers, but yield to you, who may come with
your steel-clad vessels and powerful armament to practice upon us any
amount of devastation. No. We never had a navy strong enough to place
us in such a position as that with regard to foreign powers. Look at
it. Do you think that France or England has any feeling of friendship
towards this country as a nation? I do not speak of the people of these
countries, but of the cabinets and governments. No. Nations are
selfish. Nearly all the laws of nations are founded on interest.
Nations conduct their political affairs on that basis. They never
receive laws from one another--not even against crime. And when you
want to obtain back from another country a man who has committed
depredations against society, you do it only by virtue of a treaty, and
Public-domain text, read in full here on John Shaqi.
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