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
distinct proposition, in accordance with what I admit to be the opinion
of the great majority of jurists, and orators, and statesmen at the
North, that there is no right in a State, under the Constitution, to
recede from the Union--what then? I shall not stop to give you the
argument with which the South presents a view of the question entirely
different from that of the North. Of what consequence is it,
practically, whether the right of the State to go out be found in any
part of the compact called the Constitution, or be derived from a
source extrinsic of it? You (let me suppose) are twelve States, and I
am the thirteenth. There is the original Confederacy of States, pure
and simple, under the agreement with each other; and there, according
to the views of Mr. Webster and the prosecution here, we became
constituted in a general Government, or, as Wheaton says, in a
"composite Government," giving great power to the general center. Now,
what difference does it make, if you twelve States conclude to leave
me, whether you do it by virtue of anything contained in the
Constitution, or inferable from the Constitution, or in virtue of some
right or claim of right that resides out of the Constitution? It is not
of the least consequence. I do not care for the word "secession." It
would be, at the worst, revolution. In that same great speech of Mr.
Webster's against Calhoun, in which I think I am justified in saying he
exhausts the subject and makes the most formidable argument against the
theory of secession that was ever uttered in the United States, all the
conclusion he comes to is this:--"_'Peaceable_ secession!' I cannot
agree to such a name. I cannot think it possible. _It would be_
REVOLUTION." Very well. Of what consequence is the designation? Who
cares for the baptism or the sponsors? It is the _thing_ you look to.
And if they have either the _right_ or the _power_ to secede or
revolutionize, they _may do it_, and there is no tribunal on earth to
sit in judgment upon them; though we have the right and the power, on
the other hand, to battle for the maintenance of the whole Union. Our
friend, _Mr. Justice Grier_, says: "_No band of_ CONSPIRATORS _can
overcome the Government_ MERELY _because they are dissatisfied with the
result of an election_." Now, gentlemen, with the deference he
deserves, I would ask the learned Justice Grier, or any other Justice,
or my learned friend, Mr. Evarts, how he will proceed to dispose of the
case which I am about to put? Suppose that all but one of our States
meet in their Legislatures, and, by the universal acclaim, and with the
entire approval of all the people, resolve that they will remain no
longer in association with the others--what will you do with them? That
solitary State, which may be Rhode Island, says: "I have in me the
sovereignty; I have in me all the attributes that belong to empire or
national existence; but I think I will have to let you go. Whether you
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