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
call it secession, or rebellion, or revolution, you may go, because
_you have the power to go_, if there be no better reason." And power
and right become, in reference to this subject, the same thing in the
end. Do they not? Is there any relation on earth that has a higher
sanction than marriage? So long as two parties, who have contracted
that holy obligation, have, in truth, no fault to find with each other,
is there any _right_ in either to go away from the other? There is no
such right, either by the law of God or of man. But there is a _power_
to do it, is there not? And if the wife flee from her husband, instead
of towards him, or if a husband go from his wife, is there any law of
society that can compel them to unite? And why not? Because mankind,
though they have perpetrated many follies, have, at least, recognized
that this was a remedy utterly impossible. In the relation of
partnership between two individuals, does not the same state of things
exist? and do not the same arguments suggest themselves? I ask my
learned brother what he can do in reference to the ten States that have
claimed to secede from the Union, and have organized themselves into a
Government? I will give him all the army he demands, and will let him
retain in the chair of State this honest, pleasant Mr. Lincoln, who is
not the greatest man in the world--nobody will pretend that--but is as
good and honest a person as there is in the world. There is not the
slightest question but that, in all his movements, he only proposes
what he deems consistent with the welfare and honor of the country. I
will give my learned brother the army now on the banks of the Potomac,
doing nothing, and millions of money, and then I desire him to tell us
how, with all these aids, he can coerce those ten States to remain in
the Confederacy. What was said by MR. BUCHANAN on the subject, in his
Message of December last? "_I do not propose_" said he, "_to attempt
any coercion of the States. I believe that it would be utterly
impossible. You cannot compel a State to remain in the Union. They may
refuse to send Senators to the Senate of the United States. They may
refuse to choose electors, and the Government stops._" Well, I grant
you that this is not the view of other men quite as eminent as Mr.
Buchanan. I grant you that the great CHIEF JUSTICE MARSHALL--a man to
whom it would be bad taste to apply any other word than great, because
that includes everything which characterized him--I grant you that
brilliant son of Virginia met an argument like this with the great
power that distinguished all his judgments, when a question arose in
the Supreme Court of the United States, affecting the State of Virginia
and a citizen. But of what importance is it what any man thinks about
it? What is your theory as compared with your practice? Now, I will
give my friend all the power he wants, and ask him to deal with these
ten States. Do you believe it to be within the compass of a possibility
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