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
to compel them to remain in the Union, as States, if they do not wish
it?
Thus I reach the conclusion, on even the weakest view of the case for
us, that the POWER to secede, and the POWER to organize a Government
existing, there is no power on earth which, on any rule of law, can
interfere with it, except that of war, conducted on the principles of
civilized war.
Now, then, let us look at those Confederate States a little more
closely. What says Vattel, in the passage referred to by my learned
friend, Mr. Larocque, and which it is of the utmost importance, in this
connection, to keep in mind?
[Here Mr. Brady read an extract, which will be found in the argument of
Mr. Larocque.[5]]
[5] See pages 105, 106, and 107.
Is not that clearly expressed, and easy to understand? All of us
comprehend and can readily apply it in this case. That resolves the
question, if indeed this be the law of the land, into this: _Have the
Confederate States, on any show of reason, or without it--for that does
not affect the inquiry--attained sufficient_ STRENGTH, _and_ BECOME
SUFFICIENTLY FORMIDABLE, _to entitle them to be treated, under that law
of nations, as in a condition of_ CIVIL WAR, _even if they have not
constituted a separate, sovereign_, and _independent nation?_ Really,
it seems to me, too clear for doubt, that they have. We had, in the
Revolution, thirteen Colonies, with a limited treasury, almost
destitute of means, and with some of our soldiers so behaving
themselves, in the early part of the struggle, that General Washington,
on one memorable occasion, threw down his hat on the ground and asked,
"Are these the men with whom I am to defend the liberties of America?"
And those of you, gentlemen, who have read his correspondence, know how
constantly he was complaining to Congress about the inefficiency of the
troops, and their liability to desertion. I remember that he says
something like this: "There is no doubt that patriotism may accomplish
much. It has already effected a good deal. But he who relies on it as
the means of carrying him through a long war will find himself, in the
end, grievously mistaken. It is not to be disguised that the great
majority of those who enter the service do so with a view to the pay
which they are to receive; and, unless they are satisfied, desertions
may be expected." He also remarked, at another period, in regard to the
troops of a certain portion of our country, which I will not name, that
they would have their own way; that when their term of enlistment
expired they would go home; and that they would sometimes go before
that period arrived. That, I am mortified to say, has been imitated in
the present struggle.
Such was the early condition of the Colonies.
Public-domain text, read in full here on John Shaqi.
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