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
Now, you observe that the language of the statute is imperative--the
reasons which led to its adoption were also imperative and controlling.
It is necessary that the law shall make provision for the place where a
man shall be put on trial under an indictment against him; and the law
wisely provides that in cases of offences committed on the land, the
trial shall only take place where the offence was committed. It was
thought even necessary to provide for that by an amendment to the
Constitution of the United States, in order that there might be no
misunderstanding of, and no departure from, the rule.
The Constitution, by one of its amendments, in the same paragraph which
provides for the right of every accused to a speedy and impartial
trial, provides also that that trial shall take place in the District,
which District shall first have been ascertained by law; and as I said
to you, in cases of crimes committed on the land, that District must be
the District where the offence was committed, and no other.
Now look at the state of things here, gentlemen. These men are all
citizens or residents of the State of South Carolina, and have been so
for years. This vessel was fitted out in South Carolina. The authority
under which she professed to act was given there. The evidence for the
defence, if it could be got, must come from there. All the
circumstances bearing on the transaction occurred in that section of
the country, and not elsewhere,--occurred in a country which is now
under the same Government and domination as Virginia, because Virginia
is included at present under the domination and Government of the
Confederate States.
Public-domain text, read in full here on John Shaqi.
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