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
_A._ I discovered, about mid-day, a vessel close in to Charleston. I
stood off to make out what she was. A short time afterwards we
discovered it was the Perry, and were surprised to find her there, as
she had been ordered, some time previously, to Fernandina, Fla. She
hailed us, and informed us she had captured a piratical vessel. The
vessel was half a mile astern. Captain Parrott, of the Perry, came and
made to me a report of what had taken place. I ordered him to send the
prisoners on board, and sent a few men on board the Savannah to take
charge of her during the night. The vessels were then anchored. The
next morning I made arrangements to put a prize crew on board the
Savannah, and send her to New York, and I directed the Captain of the
Joseph to take passage in her. I took the prisoners from the Perry, and
directed the Perry to proceed on her cruise, according to her previous
orders. I then got the Minnesota under weigh, and took the privateer in
tow, and brought her close in to Charleston harbor, within 3 miles, so
as to let them see that their vessel was captured. Some slaves in a
boat told me next day that they had seen and recognized the vessel.
_Mr. Brady_: The question you were called upon to answer is, as to the
place where the prisoners were transferred from the Perry to the
Minnesota.
_A._ The transfer was made about 10 miles from Charleston Harbor, out
at sea. It was fully 10 miles off.
_Q._ State the design of transferring the prisoners to the Minnesota?
Objected to by Mr. Larocque.
ARGUMENT ON THE JURISDICTION.
The District Attorney, Mr. Smith, stated that he would prove that every
thing done from that time onward was done in pursuance of a design then
conceived of sending the prisoners, to the port of New York.
_Mr. Larocque_ contended that the naked question of jurisdiction, or
want of jurisdiction, could not be affected by showing that the
prisoners were taken on board a particular vessel, with or without a
particular design. All that affected that question was, the place where
the prisoners were first taken to after they were captured. The only
question their honors could consider was, whether, after their
apprehension, the prisoners were or were not brought within the
District of Virginia, so as to give the Court of Virginia jurisdiction,
before they were brought to New York. The fact that Commodore Stringham
did, or did not, entertain in his own mind a design to bring the
prisoners to New York, was of no relevancy whatever. Their objection
was based on the broad ground, that the statute had fixed the only
District that was to have jurisdiction of these criminals, namely, the
District within which they are first brought. If they were first
brought within the District of Virginia, the design which the Commodore
might have entertained made no manner of difference, and the fact could
not be got rid of by any evidence to show that the design was not to
put themselves in that dilemma.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account