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
I will not occupy the time of the Court and Jury by recapitulating the
rest of the arguments which were urged with very great ability by the
learned and distinguished civilians arrayed against each other in that
interesting debate. But the points which arise, and which the Court
will have, in due time, to instruct you upon, we respectfully claim and
insist are these: That this English statute, after which our own
statute was precisely copied, was intended only to apply to the case of
pirates cruising under a commission pretended to have been given, in
the first place, by a Prince deposed, abdicated, not having a foot of
territory yielding him obedience in any corner of the world; and, in
the next place, that it was intended to be aimed against those cruising
under a commission issued under the pretence of authority from a
foreigner, and not from the authorities over them _de jure_ or _de
facto_, or from any authorities of the land in which they lived, and
where the real object was depredation; because, where it was issued by
a monarch without territory--by a foreigner, having no rule, and no
country in subjection to him--there could be no prize-court, and none
of the ordinary machinery for disposing of prizes captured, according
to the rules of international law; and, lastly, it was intended to
apply to the case of a citizen, taking a privateer's commission from a
foreign Government as a pretence to enable him to cruise against the
commerce of his own countrymen. But it was never intended to apply to a
case of this kind, where the commission was issued by the authorities
of the land in which the parties receiving it live, exercising sway and
dominion over them, whether _de jure_ or _de facto_.
Now, gentlemen, so far I have thought it necessary to go in explanation
of what the statutes were, of the circumstances bearing on them, and of
the requisites which the prosecution had to make out, in order to ask a
conviction at your hands. I come now, for the purpose of this opening,
to lay before you what we shall rely upon in our defence. The first
defence, as has already appeared to you from the course of the
examination of the prosecution's witnesses, has reference to the
question of the jurisdiction of this Court to hear and determine this
controversy. The statute has been already read to you, on which that
question of jurisdiction rests; but, for fear that you do not recollect
it, I will beg once more to call your attention to it. The concluding
paragraph of sec. 14 of the Act of 1825, 4th vol. of the Statutes at
Large, p. 118, is as follows:
"And the trial of all offences which shall be committed on the high
seas or elsewhere out of the limits of any State or District, shall
be in the District where the offender is apprehended, or into which
he may first be brought."
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