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)
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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
I wish to say a word here, gentlemen, preliminarily, on another
subject, and that is, what the duty and right of counsel is on a trial
of this kind. I hold the doctrine that counsel, when he appears in
Court to defend the life of one man, much less the lives of twelve men,
is the _alter ego_ of his clients--that he has no trammels on his lips,
and that his conscience, and his duty to God, and to his profession,
must direct him in his best efforts to save the lives of his
clients,--and that it becomes his duty; regardless of all other
considerations, except adherence to truth and the laws of rectitude, to
present every argument for his clients which influenced their minds
when they embarked in the enterprise for which they are placed before
the Jury on trial for their lives. It is not the fault of counsel, in a
case of this kind, if he is obliged to call the attention of the Jury
to the past history of his own country, to the cotemporaneous
expositions of its Constitution, to the decisions of its Courts of
Judicature, and of the highest Court of the Union, which have laid down
doctrines with reference to the Constitution of the Government, which
are accepted at the present day, entirely incompatible with the success
of this prosecution. In doing so, you will certainly perceive that,
however much these men on trial for their lives may have been deceived
and deluded, as I sincerely think they have been to a very great
extent, and, as was frankly admitted by the learned counsel who opened
the case for the prosecution, that at least, there was the strongest
excuse for that deception and delusion among those of them who had read
the Constitution of their Government, who had read its Declaration of
Independence, who had read the cotemporaneous exposition of its
Constitution, put forward by the wisest of the men who framed it, and
on the honeyed accents of whose lips the plain citizens of the States
reposed when they adopted the Constitution. If it had been their good
fortune to be familiar with the decisions of its Courts, they had
learned what the Supreme Court had said with reference to the sovereign
rights of the States, and with reference to the strict limit and
measure of power which they had conceded to the General Government, and
there was, at least, a very strong excuse for their following those
doctrines, however unpopular they may have become in a later day of the
Republic.
Public-domain text, read in full here on John Shaqi.
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