The enquirer. [volume] (Richmond, Va.) 1804-1815, 1807-09-26

naS OcSn Uarteu upon us ana the extent or legal
ground which it covers, have not had time to
hunt for that author through the town whe-
ther he fuppor,s even Hume Campbell am,
therefore unable to lay, s,al' ipsgeit reafon
prefently to render it probable that he does not.
The other two authorities to which he refers
do not fupport him. Coke Littleton has no.
thing like it: he gives, indeed, in the page re-
ferred TO, three rules for the contribution Of ita-
| tutes, as 1t. That one par, of it is To be eX-
pounded by another %. That the words of
| an act Of parliament mua be taken i'm a lawful
| and righful lenf-, and thirdly, that contraction
ornR be MADE Of a Rata.c in f4Pprcgioa of TIE
! nsifbicf and IN ndvaneemen. Of tire remedy, ct
qM k@re!in Eisra h@ret IN coriiee. This il all
he Jays upon the fuhjeft /; and in all this we
have nothing which rciembles MIR. Hume Camp
bsli's petition. The other authority to which
he refers, mod. I4s, it is remarkable, is alto
the argument of counfe, ftrgeant Pengelly
this learned fergeant aiierts, indeed, princ-
pie which l believe to be true but it is one
much more reitrieted and materially variant
from that of Hume Campbell, and of courle
lti'l more varian, from tina, of MIR. Wickhan.
tpeaking of the phrafe arreF Of judgment which
h d been ufed in ftatute of William the Sd,
| AS being phrais known to the common law,
he Jays, when ans9 of parliament makes uie
81 J'tb term generally, it ihali receive the
lame ienie that the common law takes it in and
no o'her:" in iupPcrt Of which Pepee!iy cites
Hobart 81, 90, the very author and page cited
by Hume Campbell to fupport his doctrine
hence think it probable that Hobart Oops at
| the limits given by fejeant Pengey. I here
| Tut of the invehgation is, that MIR. Wckham's
broad principle, that ftatute made in aid or
atIirmance OF the common law carries with ii
| oil common IaSU eoneqnenees is reduced to this
that when a ftatutc uies a common law bbroG,
tbat p5raR fhatl receive the fame fenfe in the
| itssute which 1t had at common law F.; prin
c'ple TO which he is very welcome, but which
WIFI do him no manner of good-fo that down
comes one OF the pillars which fnpported this
| air-drawn Argument.
| Let MS examine another " if A new felony
be created by fatute no common law comic
qusnces follow" In fupport of this doctrine
the gentleman refers TO l Hale's P. c. s54-5,
and the authority, at hrh view, feems to coun.
tenance his doctrine; it requires, however, but
to be more coiely and extenfvely examined TO
| perceive that the paiIage, in the light in which
Mr.. Wickham underfand. it, is not law the
paifage is this, " II 4 man he attaint of piracy
| before commiiioners of Oyer and Terminer
| grounded upon the ftatute of % H. 8, chap.l Is
| by indictment and verdd of twelve men accor-
ding TO the courfe of the common law, he for
teits his lands and goods by the ltatute of %
II. 8, chap. S. but this works no corruption
| OF blood, becaufc il is an offence whereof the
the common law takes no notice, and though il
be enacted they lhal fuffer and forfeit as in cafe
of felony, yet it alters not the offence" In
rapport of this Hale cites Co. P. G. cap. 40.
p. ll2 but he adds, vide tanuen contra Co.
Lit. fec. 745, p. 39l. The pafage in the lat
ter author is thus IS There is alto felony pu
nI!hable by the civil law becaufe it is done upon
the nigh lea as piracy, robbery. or murder
whereof the common law did take no notice.
hecaufe 1t could not be tried by twelve men.
If this pyracy he tried before the Lord Admiral
IN The court o:tne Admiralty according 10 the
civil law, and the delinquent there attainted
yet ihali II work corruption of blood nor for
TEXTURE OF his lands ofberzvje it is, ifbe be at
fanfed 6cfore fona0'i3oners BY farce cftbe RAtute
Of %, fl. Hence it appears that the com.
mon law coniequence of att ander depended on
the tribunal, the form of trial, and the law
, under which the pirate was tried Gnce if fri
/ ed before commit ,ners under tie Esiute, the
common law contequence of attander did fol-
low, although the felony did not exit at com.
mon law but was newly created by ftatute
Hale himtelt in the page SIS, qualities The se-
morality Of his expeditions inthe pafiage iuft read
In the paragraph imme diatcly fucceedine if. he
takes up the firt branch of the petition iuh read
from Coke: " if A man he attainted before tbe
ad'nir0I OF treafon or felony committed upon
The lea, &c. according TO TIE eoM-ie of The eiyH
iaFv, yet 1t works no corruption of blood, g..
t"e manner or the trial being according to the
courfe of the civil law, &c" He proceeds
" If there be IN attainder of trealon or felony
done upon the fea, nbon this .Ratme of 2sb Fl.
s, according TO The eouyje Of the common laqv,
1t /eemf f60f tbr judgment therrnpon qvorks cor
rHbfi0n cfbiood ; 6eeaytt tie eommiHon HLeIf is
Hnder the great zeal warranted BY aH of barLa.
'nsnt, and fbe trial is according TO tie eour6 of
tie common iazO, &c. 60 and with this agrees
Co. Lit. fec. 745, p. 9el, nay, think farther,
that 1t the Indictment ofpirney before fuch com.
miihoners, upon the ftatute of %, H. 8, be
formed as an indictment at common law, to
wit, III ct armiS and Ifioniee, Sc. that he might
be thereuPon attalnted and the blood corrup.
td. Hence in the opinion of Hale himfelf, il
depended upon the form of the indictment and
the tribunal, whether the common law confe.
qucnce OF attaindcr would follow conviction
Tor piracy on this fta'ute. The refult is, that
although itatute do create felony unknown TO
the common law, yet common law confeuuen.
ces may follow conviction upon it; which is
prcciiely the reverfe of the petition contcnded
Tor by Mr.. Wickham. But if this point were
CONCEDED TO the gentleman as relates to attain
DER II would not avail him becaufe in order
To extract from the common law the rule which |,
he applies andlogically TO the contraction of our
contribution and act of Congrefs, he NUT lhev
that when tatuse creates an offence, and is f. |
lent as to acceGories, no acceheries are embrac |
ed the by ft1ute. 1t III perplex the gentleman
to new this at all events the refearch neceGary
to 1t would require more time than thew have
allowed US to diicover the authorities which