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
One of the cases on this subject which had produced a misapprehension
of the question was that of the United States _vs._ Thompson, 1st
Sumner's Reports, which was an indictment for endeavoring to create a
revolt, under the Act of 1790. It was in the Massachusetts District.
The facts in the case were these:--"The vessel arrived at Stonington,
Connecticut, and from thence sailed to New Bedford, Massachusetts,
where the defendant was arrested, and committed for trial. It did not
appear that he had been in confinement before. Judge Story ruled on the
question of jurisdiction. He said: 'The language of the Crimes Act of
1790 (Cap. 36, sec. 8) is, that the trial of crimes committed on the
high seas, or in any place out of the jurisdiction of any particular
State, shall be in the District in which the offender is apprehended,
or into which he shall first be brought. The provision is in the
alternative, and therefore the crime is cognizable in either District.
And there is wisdom in the provision; for otherwise, if a ship should,
by stress of weather, be driven to take shelter temporarily in any port
of the Union, however distant from her home port, the master and all
the crew, as well as the ship, might be detained, and the trial had far
from the port to which she belonged, or to which she was destined. And
if the offender should escape into another District, or voluntarily
depart from that into which he was first brought, he would, upon an
arrest, be necessarily required to be sent back for trial to the
latter. And now there is no particular propriety, as to crimes
committed on the high seas, in assigning one District rather than
another for the place of trial, except what arises from general
convenience; and the present alternative provision is well adapted to
this purpose.'"
Public-domain text, read in full here on John Shaqi.
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