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
We have now reached that stage in this interesting trial where the duty
has been assigned to me, by my associates in this defence, of
presenting to you the state of facts and the rules of law on which we
expect to ask from you an acquittal of these prisoners. I could wish
that it had been assigned to some one more able to present it to you
than myself, for I feel the weight of this case pressing upon me, from
various considerations connected with it, in a manner almost
overpowering. I think that we have proceeded far enough in this case
for you to have perceived that it is one of the most interesting trials
that ever took place on the continent of America, if not in the
civilized world. For the first time, certainly in this controversy,
twelve men are put on trial for their lives, before twelve other men,
as pirates and--as has been well expressed to you by the learned
District Attorney who opened this case on behalf of the prosecution--as
enemies of the human race. If you have had time, in the exciting
progress of this trial, to reflect in your own minds as to what the
import of these words was, it must certainly, ere this, have occurred
to you that, in regard to these prisoners, whatever may be the legal
consequences of the acts charged upon them, it was a misapplication of
the term. Look for a moment, gentlemen, first, at the position of
things in our country under which this trial takes place. All these
prisoners come before you from a far distant section of the country.
Some of them were not born there--some of them were. At the time when
these events occurred all of the prisoners lived there, and were
identified with that country, with its welfare, with its Government,
whatever it was. They had there their homes, their families, everything
which attaches a man to the spot in which he lives. Those of them who
had not been born in America had sought it as an asylum. They had come
from distant regions of the earth--some from the Chinese Sea and the
remote East--because they had been taught there that America was the
freest land on the globe. They had lived there for years. Suddenly they
had seen the country convulsed from one end to the other. They had seen
hostile armies arrayed against each other, the combatants being for the
most part divided by geographical lines as to the place where they were
born or as to the State in which they lived. This very morning a
newspaper in the city of New York estimates the numbers thus arrayed in
hostility against each other at no less than seven hundred thousand
souls. These prisoners have the misfortune, as I say, of being placed
on their trial far from their homes. They have been now in confinement
and under arrest on this charge for some four or five months. During
that whole period they have had no opportunity whatever of
communicating with their friends or relatives. Intercourse has been cut
off. They have had no opportunity of procuring means to meet their
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