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
"In this whole series of devices and measures for raising men, this
Convention discerns a total disregard for the Constitution, and a
disposition to violate its provisions, demanding from the
individual States a firm and decided opposition. An iron despotism
can impose no harder service upon the citizen than to force him
from his home and occupation to wage offensive war, undertaken to
gratify the pride or passions of his master. _In cases of
deliberate, dangerous and palpable infraction of the Constitution,_
_affecting the sovereignty of a State and the liberties of the
people, it is not only the right but the duty of such State to
interpose its authority for the protection, in the manner best
calculated to secure that end. When emergencies occur, which are
either beyond the reach of the judicial tribunals or too pressing
to admit of the delay incident to their forms, States which have no
common umpire must be their own judges and execute their own
decisions._"
I think that is pretty strong secession doctrine. I do not see that it
is possible, in terms, to state it more distinctly. Well, it is true
that candid people in that section of the country did not approve these
views, but disapproved them; and yet they were the views, clearly and
forcibly expressed, of a large number of intelligent and moral people.
Now, this enables me to repeat, with a clearer view derived from
history, the proposition that the Confederate States are--_under the
law of nations_, and the principles embodied in the Declaration of
Independence, sustained in the Revolution, and recognized by our
people--in a condition not distinguishable from that of the Colonies in
'76, except that, if there be a difference, the position of the
Confederates, _in reference to legality, as a judicial question_, is
more justifiable, as it is certainly more formidable. This word
"secession" is, after all, only a word; a word, as MR. WEBSTER said in
one of his great speeches, answering Mr. Calhoun, of fearful import; a
word for which he could not according to his views, too strongly
express condemnation. But whether you use the word "secession," or the
familiar expression, "going out of the Union," or, "not consenting to
remain in the Union," the idea is one and the same. Much acumen and
ingenuity have been displayed, even by a mind profound as that of Mr.
Calhoun--a most acute man and a pure man, as Mr. Webster eloquently
attested in the Senate chamber, after the decease of that South
Carolina statesman--I say a good deal of acumen has been spent on the
question whether a State, or any number of States, have _a_ RIGHT UNDER
THE CONSTITUTION _to secede from the Union_. It is a quarrel about
phrases. It is not necessary in any point of view, political,
philological or moral, to use the word "secession" as either excusing
or justifying the act of the Confederate States. Suppose I grant, as a
Public-domain text, read in full here on John Shaqi.
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