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Raphael Semmes, Memoirs of Service Afloat During the War Between the States, Chapter 2: (search)
though it might be one of its stipulations that it should be perpetual. In his Commentaries on the Constitution, Mr. Justice Story says, The obvious deductions which may be, and indeed have been drawn, from considering the Constitution a compact on by literary quackery and the legerdemain of words, as our fellow-citizens of the North have in accepting Webster's and Story's version of the preamble of the Constitution. A brief history of the manner, in which the words, We, the people, &c.,n to make the new government a still more complex affair, and to muddle still further the brains of Mr. Webster and Mr. Justice Story. But this motion failed also, and the Constitution was referred to the States for adoption. But now a new questn opinion, I must insist that the proof is conclusive that the Constitution is a compact between the States; and this being so, we have the admission of both Mr. Webster and Justice Story that any one of the States may withdraw from it at pleasure.
Raphael Semmes, Memoirs of Service Afloat During the War Between the States, Chapter 29: (search)
ship of war, she committed some offence against the laws of nations, or against the municipal law of some particular nation. This point was settled years before our war, by the Supreme Court of the United States, in the case of the Santissima Trinidad. It was alleged that that ship had been fitted out in the United States, in violation of the neutrality laws—during a war between Spain and her colonies—and the question arose whether this invalidated her commission, as a ship of war. Mr. Justice Story delivered the opinion of the court, in the course of which he said:— In general, the commission of a public ship, signed by the proper authorities of the nation to which she belongs [the nation to which the Santissima Trinidad belonged, was the de facto nation of Buenos Ayres] is complete proof of her national character. A bill of sale is not necessary to be produced, nor will the courts of a foreign country inquire into the means by which the title to the property has been acquir<
Raphael Semmes, Memoirs of Service Afloat During the War Between the States, Chapter 30: (search)
serving on board of them. It could have been of no sort of consequence to any foreign officer, demanding to see my commission, whether I was a native of England, Germany, or France, or of any other foreign power. All that he could demand of me, in order to satisfy himself that I was entitled to exercise belligerent rights, was a sight of my commission as a Confederate States naval officer. Nationality is presumed in all such commissions, and the presumption cannot be inquired into. Mr. Justice Story, in the decision quoted a few pages back, says, as the reader will recollect, that the commission of a ship of war imports such absolute verity, that it cannot be inquired into, or contradicted. It is like proving a fact by a record. No other proof than the production of the record is required, or indeed permitted. The commission of the commander is the commission of his ship. Neither the Sumter nor the Alabama had any other commission than my own, and the orders assigning me to t