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
"Mr. President," said he, "in the excited times in which we live
there is found to exist a state of crimination and recrimination
between the North and South. There are lists of grievances produced
by each, and those grievances, real or supposed, alienate the minds
of one portion of the country from the other, exasperate the
feelings, and subdue the sense of fraternal affection, patriotic
love, and mutual regard. I shall bestow a little attention, sir,
upon these various grievances existing on the one side and on the
other. I begin with _complaints of the South_. I will not answer
further than I have the general statements of the honorable Senator
from South Carolina, that the North has prospered at the expense of
the South, in consequence of the manner of administering this
Government, in the collecting of its revenues, and so forth. These
are disputed topics, and I have no inclination to enter into them.
But I will allude to other complaints of the South, and _especially
to one which has, in my opinion, just foundation_; and that is,
that there has been found at the North, among individuals and among
legislators, a disinclination to perform fully their constitutional
duties in regard to the return of persons bound to service who have
escaped into the Free States. In that respect the South, in my
judgment, is right, and the North is wrong. Every member of any
Northern Legislature is bound by oath, like every other officer in
the country, to support the Constitution of the United States; and
the article of the Constitution (Art. iv., sec. 2, subd. 2) which
says to these States that they shall deliver up fugitives from
service, is as binding in honor and conscience as any other
article. No man fulfills his duty in any Legislature who sets
himself to find excuses, evasions, escapes, from this
constitutional obligation. I have always thought that the
Constitution addressed itself to the Legislatures of the States, or
to the States themselves. It says that those persons escaping to
other States 'shall be delivered up;' and I confess I have always
been of the opinion that it was an injunction upon the States
themselves. When it is said that a person escaping into another
State, and coming, therefore, within the jurisdiction of that
State, shall be delivered up, it seems to me the import of the
clause is, that the State itself, in obedience to the Constitution,
shall cause him to be delivered up. That is my judgment. I have
always entertained that opinion, and I entertain it now. But when
the subject, some years ago, was before the Supreme Court of the
United States, the majority of the Judges held that the power to
cause fugitives from service to be delivered up was a power to be
exercised under the authority of this Government. I do not know, on
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account