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
The _proclamation of the President, calling for 75,000 troops_, and
then calling _for a greater number_, would, in any Court in
Christendom, outside of the United States, be regarded, under
international law, as conclusive evidence that those troops were to be
used against _a belligerent power_. Who ever heard of EIGHT MILLIONS of
people, or of ONE MILLION of people, being ALL TRAITORS, and being ALL
LIABLE TO PROSECUTION FOR TREASON AT ONCE. I find this recognition in
the _exchange of prisoners_, which we know, as a matter of history, has
occurred. I find it in the _capitulation at Hatteras_, at which, and by
which, GENERAL BUTLER, of his own accord, when he refused the terms of
surrender proposed by Commodore Barron, declared that the garrison
should be taken as PRISONERS OF WAR; and that has been communicated to
the Government, and no dissatisfaction expressed about it.
And, gentlemen, I rest it, also, as to the recognition by our
Government, on the fact to which MR. SULLIVAN so appropriately
alluded--_the exchange of flags of truce_ between the two contending
forces, as proved by one of the officers of the navy. A flag of truce
sent to rebels--to men engaged in lawless insurrection, in treasonable
hostility to the Government, with a view to its overthrow! Why,
gentlemen, it is the grandest, as it is the most characteristic, device
by which humanity protects men against atrocities which they might
otherwise perpetrate upon each other--that little white flag, showing
itself like a speck of divine snow on the red and bloody field of
battle; coming covered all over with divinity; coming in the hand of
peace, who rejoices to see another place where her foot may rest;
welcome as the dove which returned to the ark; coming, I say, in the
hand of peace, who is the great conqueror, and before whom the power of
armies and the bad ambitions and great struggles of men must ultimately
be extinguished. This, of itself, will be regarded by mankind, when
they reflect wisely, as sufficient to show that our Government must not
be brutal; and we seek to rescue the Administration from any imputation
that it wants to deny to the South the common humanities which belong
to warfare, by your refusing to let men be executed as pirates, or to
make a distinction between him who wars on the deep and him who wars
upon the land.
Public-domain text, read in full here on John Shaqi.
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