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 others who came to assist our
progress and adorn our history was that eminent lawyer and
patriot--that good and pure man whose monument stands beside St. Paul's
Church, on Broadway, and may be considered as pointing its white finger
to heaven in appeal against the severe doctrines under which these
prisoners are sought to be punished. I refer to THOMAS ADDIS EMMETT.
In 1806, two men, Smith and Ogden, were put upon trial, charged with
aiding Miranda and the people of Caraccas to effect a revolt against
the Government of Spain, which, it was said, was at peace with the
United States. They were indicted under a statute of the United States;
and if it had turned out on the trial that the United States was
certainly in a condition of peace with Spain, they might have been
convicted. However, that was a question of fact left to the Jury. The
learned Judges, pure and able men, entertained views very hostile to
the notions of the accused, and were quite as decided in those views as
his honor Judge Grier in the summary disposition he made of the
so-called pirates in Philadelphia. The trial came on, and, with the
names of the Jurors on that trial, there are preserved to us the names
of Counsel, whose career is part of history. Among them were NATHAN
SANFORD, PIERPOINT EDWARDS, WASHINGTON MORTON, CADWALLADER D. COLDEN,
JOSIAH OGDEN HOFFMAN, RICHARD HARRISON, and MR. EMMETT, already named.
Well, there was an effort made to disparage any such enterprise as
Miranda's, and any such aid thereto as the accused were charged with
giving. The Counsel endeavored to prove that the intent was a question
of law, and the fact had nothing to do with it. COLDEN, in his
argument, said, "Gentlemen, all _guilt_ is _rooted in the mind_, and
_if not to be found there, does not exist, and whoever will contend
against the proposition_ MUST FIGHT AGAINST HUMAN NATURE, AND SILENCE
HIS OWN CONSCIENCE."
We do not often find an opportunity, gentlemen, to regale ourselves
with anything that emanated from the mind of Mr. Emmett. It is peculiar
to the nature of his profession that most of what the advocate says
passes away almost at the moment of its utterance. When Mr. Emmett
comes to allude to the disfavor sought to be thrown on revolutionary
ideas by the eminent counsel for the prosecution, he says:
"In particular, I remember, he termed Miranda a fugitive on the
face of the earth, and characterized the object of the expedition
as something audacious, novel, and dangerous. It has often struck
me, gentlemen, as matter of curious observation, how speedily new
nations, like new made nobility and emperors, acquire the cant and
jargon of their station.
Public-domain text, read in full here on John Shaqi.
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