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
from no love or affection to the country demanding it. And if this war
continues much longer, I, for one, entertain the most profound
apprehension that both these powers, France and England, will combine
to break the blockade if they do not enter upon more aggressive
measures. If they for a moment find it their interest to do so, they
will, and no power, moral or physical, can prevent them. I say, then,
the right of revolution is a right to be exercised, not according to
what the Government revolted against may think, but according to the
necessities or the belief of the people revolting. If you belonged to a
State which was in any way deprived of its rights, the moment that
oppression began resistance became a duty. A slave does not ask his
master when he is to have his freedom, but he strikes for it at the
proper opportunity. A man threatened with death at the hands of
another, does not stop to ask whether he has a right to slay his
assailant in self-defence. If self-preservation is the first law of
individuals, so also is it of masses and of nations. Therefore, when
the American Colonies made up their minds to achieve independence,
whether their reasons were sufficient or not, they did not consent to
have the question decided by Great Britain, but at once decided it for
themselves. Very early in our history, in 1778, France recognized the
American Government. England, as you know, complained, and the French
Government sent back an answer saying, Yes, we have formed a treaty
with this new Government; we have recognized it, and you have no right
to complain; for you remember, England, said France, that during the
reign of Elizabeth, when the Netherlands revolted against Spain, you,
in the first place, negotiated secret treaties with the revolutionists,
and then recognized them; but, when Spain complained of this, you said
to Spain--The reasons which justify the Netherlands in their revolt
entitle them to our support. Was success necessary? Was the doctrine of
our opponents correct, that, though people may be in absolute revolt
against the parent Government, with an army in the field, and in
exclusive possession of the territories they occupy, yet they have no
right to be recognized by the law of nations, and are not entitled to
the humanities that accompany the conditions of a war between foreign
powers? Is success necessary? Why was it not necessary in the case of
the Colonies when recognized by France? Why not necessary in the case
of the Netherlands when recognized by England? Never has been put
forward such a doctrine for adjudication since the days of _Ogden and
Smith_, tried in this city in 1806. That was a period when we were in
profound peace with all the world. Our new country was proceeding on
the march towards that greatness which every one hoped would be as
perpetual as it was progressive. We had invited to our shores not only
the oppressed of other lands, but all they could yield us of genius,
eloquence, industry and wisdom.
Public-domain text, read in full here on John Shaqi.
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