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
"_There is a_ NECESSITY _that the realm should have a King, by whom
and in whose name the laws shall be administered; and the King_ IN
POSSESSION, _being the only person who either doth or can administer
those laws_, MUST BE THE ONLY PERSON _who has a right to that
obedience which is due to him who administers those laws; and
since, by virtue thereof, he secures us the safety of our lives,
liberties, and properties, and all the advantages of Government,
he may_ JUSTLY CLAIM RETURNS OF DUTY, ALLEGIANCE, AND SUBJECTION."
And BLACKSTONE is equally explicit (_4 Blackstone's Comm._, 78):
"When, therefore, an USURPER is _in possession_, the subject is
_excused_ and _justified in obeying and giving him assistance_;
OTHERWISE, UNDER AN USURPATION, NO MAN _could_ BE SAFE, _if the
lawful Prince had a right to hang him for obedience to the power in
being, as the_ USURPER WOULD CERTAINLY DO FOR DISOBEDIENCE."
_3d Inst. (Coke)_ 7, is to the same point:
"_The stat. 11 Henry VII., ch. 1_, is declaratory of the law on
this subject; _and the year books, 4 Edw. IV., 1, 9 Edw. IV., 1, 2,
show that it was always the English law_."
Our statute, or rather constitutional definition, of _treason_, is a
transcript of the English statute of treason; and it is hardly
necessary to cite _2 Story on the Constitution, sec. 1799_, to the
point that our Courts will construe the Constitution as the English law
is construed by the English Courts. And here we observe a marked
difference between a revolt by the subjects of a single consolidated
Government which is a unit, and the action of one or more States in a
Confederacy, or of the people dwelling within them, when such States
resolve, as States, to recognize no sovereignty or Government within
their territory except that established under their own Constitution.
Public-domain text, read in full here on John Shaqi.
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