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
This was noticed, in the first place, in the case of the United States
_vs._ Edward C. Townsend, of which he (Mr. Larocque) held in his hand a
copy of the exemplication of the record. Townsend was charged, in the
District Court of Massachusetts, with piracy, in having been engaged in
the slave trade, in 1858. He was captured on board the brig Echo, by a
United States cruiser. That vessel first made the port of Key West,
putting in there for water; and thence proceeded to Massachusetts,
where the prisoner was landed, taken into custody under a warrant of
the Commissioner, and the matter brought before the Grand Jury, for the
purpose of having an indictment found against him. In that case Judge
Sprague charged the Grand Jury that, under the law, the prisoner could
only be tried in Key West, because that was the first port which the
vessel had made after he had been captured and confined as a prisoner.
Under that instruction the Grand Jury refused to find a bill of
indictment; and thereupon the District Attorney (Mr. Woodbury) applied
to the court for a warrant of removal, to remove him to Key West, for
trial; and also to have the witnesses recognized to appear at Key West,
to testify on the trial. The counsel read a note from Mr. Woodbury on
the subject, showing that Mr. Justice Clifford, of the Supreme Court of
the United States, sat and concurred with Judge Sprague in granting the
warrant of removal. He referred also to another case, decided by Judge
Sprague--the United States _vs._ Bird--volume of Judge Sprague's
Decisions, page 299: "This indictment alleged an offence to have been
committed on the high seas, and that the prisoner was first brought
into the District of Massachusetts. Questions of jurisdiction arose
upon the evidence. The counsel for the prisoner contended that the
offence, if any, was committed on the Mississippi river, and within the
State of Louisiana; and, further, that if committed beyond the limits
of that State, the prisoner was not first brought into this District.
Sprague, J., said that, if an offence be committed within the United
States, it must be tried in the State and District within which it was
committed. Constitution Amendment 6, If the offence be committed
without the limits of the United States, on the high seas, or in a
foreign port, the trial must be had in the District 'where the offender
is apprehended, or into which he may be first brought.'--Stat. 1790,
cap. 9, sec. 8; Stat. 1825, cap. 65, sec. 14. By being brought within a
District, is not meant merely being conveyed thither by the ship on
which the offender may first arrive; but the statute contemplates two
classes of cases: one, in which the offender shall have been
apprehended without the limits of the United States, and brought in
custody into some Judicial District; the other, in which he shall not
have been so apprehended and brought, but shall have been first taken
into legal custody, after his arrival within some District of the
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account