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 whole, that it may not have been a fortunate decision. My habit
is to respect the result of judicial deliberations and the
solemnity of judicial decisions. As it now stands, the business of
seeing that these fugitives are delivered up resides in the power
of Congress and the national judicature; and my friend at the head
of the Judiciary Committee (Mr. Mason) has a bill on the subject
now before the Senate, which, with some amendments to it, I propose
to support, with all its provisions, to the fullest extent. And I
desire to call the attention of all sober-minded men at the North,
of all conscientious men, of all men who are not carried away by
some fanatical idea or some false impression, to their
constitutional obligations. I put it to all the sober and sound
minds at the North, as a question of morals and a question of
conscience: What right have they, in their legislative capacity or
any other capacity, to endeavor to get around this Constitution, or
to embarrass the free exercise of the rights secured by the
Constitution to the persons whose slaves escape from them? None at
all--none at all. Neither in the forum of conscience, nor before
the face of this Constitution, are they, in my opinion, justified
in such an attempt. Of course, it is a matter for their
consideration. They, probably, in the excitement of the times, have
not stopped to consider of this. They followed what seemed to be
the current of thought and of motives, as the occasion arose; and
they have neglected to investigate fully the real question, and to
consider their constitutional obligations; which I am sure, if they
did consider, they would fulfill with alacrity. I repeat,
therefore, sir, that here is a well-founded ground of complaint
against the North, which ought to be removed; which it is now in
the power of the different departments of this Government to
remove; which calls for the enactment of proper laws authorizing
the judicature of this Government in the several States to do all
that is necessary for the recapture of fugitive slaves, and for
their restoration to those who claim them. Wherever I go, and
whenever I speak on the subject,--and when I speak here I desire to
speak to the whole North,--I say that the South has been injured in
this respect, and has a right to complain; and the North has been
too careless of what I think the Constitution peremptorily and
emphatically enjoins upon her as a duty."
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