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
When _nullification_ reared its head within our territory, and the
people of South Carolina claimed that an Act of the General Government
was an aggression upon them, against which they had a right to make
physical resistance, if necessary, the parties of this country were
divided into Whigs and Democrats. They were two formidable parties.
There had not then grown up any of these little schismatic
organizations, which are, in these latter days, numerous as the eddies
on the biggest stream. They were not the days for certain clubs of
professional politicians, with very imperfect wardrobes and more
imperfect consciences, who sit in judgment on the qualifications of
judicial officers, and measure their fitness for office by their
capacity to pay money to strikers.
"Now," said that great party claiming to be conservative, "South
Carolina has no right to resist. If she has suffered any wrong--if the
General Government has attempted any aggression on her--let her submit
the whole matter to the Supreme Court of the United States, and let its
arbitration be final." Yes; and so the cry continued, till it was
supposed that the Supreme Court of the United States was said to have
decided that the owner of slave property might carry it into the
Territories. Then the note was changed. Instantly the doctrine was
reversed, and the Supreme Court was no longer the great, solemn,
majestic, and omnipotent arbiter to dispose of this question. Then that
Court became "a convention of very respectable gentlemen," who took
their seats with black robes, and who were very competent to decide the
right of a controversy between John Doe and Richard Roe, but must not
lay their hands on politics. Why, they talk about the Earl of Warwick
being a King-maker; but your man who seats himself on the head of a
whisky barrel, in a corner grocery store, is a greater King-maker than
ever Warwick was; and such a man as that, in his prerogatives, is not
to be displaced by the Supreme Court of the United States! He may get
up a town meeting, at which it will be declared that the doctrine laid
down by the Supreme Court of the United States is all preposterous and
absurd, and that the people are not going to submit to that tribunal.
There is no recognition, therefore, by this Administration, of the idea
that the Supreme Court of the United States is capable of affording any
relief in such a case as that which has led to the action of the
seceded States. And so, that argument being out of the way, I ask you,
I ask the learned Court, and I ask our opponents, whether, under the
law of nations, as expounded, there was any other course left except
that which the seceding States have adopted, assuming that any action
whatever was to be taken?
Adjourned till Tuesday, 29th October, at 11 o'clock A.M.
SIXTH DAY.
_Tuesday, Oct. 29th, 1861._
_Mr. Brady_ resumed his address, and said:
Public-domain text, read in full here on John Shaqi.
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