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
But, gentlemen, the difficulties with which the prosecution had to
contend, in making out this case, are too great to be lost sight of; and
the Jury must certainly have seen how utterly preposterous it is to
characterize as piracy acts of this kind. Who ever heard of a pirate
who, having seized a prize, put a prize-crew on board of her, sent her
home to his native port--a great and civilized city, in a great and
populous country--to be submitted to the adjudication of the Courts in
that city, and to be disposed of as the authorities of his home should
direct? I beg to call your attention to the facts that have been brought
out on the testimony for the prosecution itself--that, in regard to this
vessel, instead of her crew having been murdered--instead of helpless
women and children having been sent to a watery grave, after having
suffered, perhaps, still greater indignities--that not a hair of the
head of any one was touched,--that not a man suffered a wound or an
indignity of any kind--that they were sent, as prisoners of war, into
the neighboring port of Georgetown, where, in due time, by decree of a
court, the vessel was condemned and sold--and the prisoners, having been
kept in confinement some time as prisoners of war, were released, and
have been enabled to come into Court and testify before you.
Comparing this case, gentlemen, with the cases which are constantly
occurring in the land, what earthly motive can you conceive, on the
part of the Government, for having made the distinction between these
poor prisoners, taken on board of this paltry little vessel of 40 or 50
tons, and the great bands in arms in all parts of the country? Look
what occurred a little while ago in Western Virginia, where a large
force of men, in open arms against the Government, who had been
carrying ravage and destruction through that populous country, and over
all parts of it, were captured as prisoners. Were any of those men sent
before a court, to be tried for their lives? Did not the commanding
officer of the forces there, acting under the authorization, and with
the approval, of the Government, release every one of those men, on his
parole of honor not to bear arms any more against the country? And what
earthly motive can be conceived for making the distinction which is
attempted to be made between these men and those? Shall it be said, to
the disgrace of our country--for it would be a disgrace if it could be
justly said--that we had not courage and confidence enough in our own
resources to believe that we would be able to cope with these
adversaries in the field in fair and equal warfare? Gentlemen, I think
it would be a cowardly act, which would redound to the lasting disgrace
of the country, to have it said, one century or two centuries hence,
that, in this great time of our country's troubles and trials, eighteen
States of this Confederacy, infinitely the most populous, infinitely
the most wealthy, abounding in resources, with a powerful army and
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