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)
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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
In the same general line of discussion which I adopted yesterday, I
will refer you to a striking passage from a distinguished gentleman,
and, when I have read the extract, will state from whom it emanated:
"Any people anywhere, being _inclined_ and having the _power_, have
a _right_ to rise up and _shake off the existing Government_, and
_form a new one that suits them better_. This is a most valuable, a
most sacred right--a right which, we hope and believe, is to
liberate the world. Nor is this right confined to cases in which
_the whole people_ of an existing Government may choose to exercise
it. _Any portion of such people_ that _can_, MAY REVOLUTIONIZE and
make their _own_ of _so much of the territory as they inhabit_.
More than this: a _majority_ of any portion of such people may
revolutionize--putting down a _minority_ intermingled with or near
about them who may oppose their movements. IT IS A QUALITY OF
REVOLUTIONS NOT TO GO BY OLD LINES OR OLD LAWS, BUT TO BREAK UP
BOTH AND MAKE NEW ONES."--Appendix Con. Globe, 1st Session 35th
Congress, p. 94.
Would you suppose, gentlemen, that it was an ardent South Carolina
secessionist who declared that any people may revolutionize and hold
mastery of any territory which they occupy? Would you suppose that was
from Jefferson Davis, in the Senate of the United States? No,
gentlemen; it is from Abraham Lincoln, the President of the United
States, when he was a member of Congress, and was delivered on the 12th
of January, 1848.
Now, gentlemen, I do not think that an intelligent gentleman born in
South Carolina, Kentucky, or Virginia, and educated by his parents in a
certain political faith, has not as much right to adhere to it as he
has to the religious faith in which he is brought up; and if he should
happen to say all that is substantially claimed by these seceding
States, he would be sustained by authority quoted here, and have the
express sanction of the distinguished and excellent gentleman now at
the head of this nation.
Let me now cite to you _Wheaton's International Law, page_ 30, in which
he says, that "_sovereignty_ is acquired by a State, _either_ at the
_origin_ of the civil society of which it is composed, _or_ when it
_separates itself_ from the community of which it previously formed a
part, and on which it was dependent." Then he says, that "CIVIL WAR
_between the members of the same society is, by the general usages of
nations, such a war as entitles both the contending parties to all the
rights of war as against each other, and as against neutral nations._"
Public-domain text, read in full here on John Shaqi.
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