Delaware gazette and peninsula advertiser. [volume] (Wilmington, Del.) 1814-1820, 1818-12-05
From the Federal Republican.
use of commodore 1uylo,

doo " SO"'"'""os
The question Of law lAtely disrns
ri in the ease Of the United STARE
3. commodore layIOr has excited
:ooi deal Of interest in til. public
MUD. and as our readers, particularly
Ia. legal POI. ton Of them may feel an ]
inltrrs. in knowing what il was that
nos -i,cn rise to so much talking. VT
nave procured brief abstract OF the
arg u,i,.nl on the question; with the
,irin lple authorities relied on. AS
this abstract was made from memory,
i, cannot he expected TO i,c yer,
! complete, nor could i he that an ar.
sumcnt which occupied three days in
the delivery, could be given at all in|
,etail in newspapers. Tie court
gave an elaborate opinion in WI itins
on tue ques,ion--;hat opinion, vel
] hope, is for The benefit Of the public.
III so, we shall endeavor TO procure h
copy Tor the benefit Of our readers.
f, u. STATES Us. THUS. TAILOR.
! The United States offered evidence
to prove that Taylor during the same
: ruise in WLirh he captured the YES
sells charged in the indictment to have
been practically captured also captur-
cd other vessels rot charged in the
indictment, robbed them, sunk them.
r and did su h other acts as was evil
!, depce Of the pira.iral character OF the
ID vessel he commanded.
ii The Counsel Tor the prisoner ohjcc
h It'd To this evidence. They contcn,lcd
! thai no evidence could he rrec!Ne,! .!
I. any ether eapturrs than those iiargrd
It ~ The Observation-Disclosures 10 alini,
e c,ileace OF amy other WouiJ Il he tiii
prisoner Ivy surprisc--tliat lie was
e entitled to nu;isc Of the utlt nres inten
q ,ied 10 be proved against him; and III,
:, !, .rtiruiar acts charged to e rriu,nsI
:, Aere required to be set forth in tinii
! mil t.nria, In order that he migtl
o.l onr prepared to answer them g.
.tlI .,ui il the prase. was pcisNitt,'
!, . travel cat OF the ih,lir;u mt ans
prove acts u pray not charged, aus
/! (oi whiyii the accused had had ID u.
= tir,, liz cuul,! moi ot expected to IA
81 freparcd with his proc, to Ietut tn
!. ryitience that might he bruust
IT, ..gaiiist him, and thus he might b,
vi eurap;ieI aud convicted, when he i
- All psoh Gii'sy ouid llavs proved hi
!. ,nAUrenue. ia ie ncen notified OF Iii
), ,iariieulai avts ,,tenticd to he prove
!, ,sainsI lii.. Surh course Of prN
OF Tee, ding would he manifest, unjust a
OF ~nii as illegal. Tie prln. iple Of Ia'
it'll .hat the prosecutor shall he roniinr
he IN his ,;io"i TO The Particular charge
n specified 10 the iudietment is SO jus
rs. 80 rGuitalsle, and so we'll established
q Il al II va, conceived unnecessarily
~ titr authos.tIss III support OF il.
he
md Tie Counsel for the Y. S. a,lEi,te
ma tina, the proof must he confined
ase the allegations contained in the intil.,
." ulent-ti,", it was y sound ,.invi;,
OF Law, tnai the allegafa and pro6d
~ must agres--tiint the prosecutor e..l
ve not lr.,el out oil the indictment
The prove any thing net substantially all
, to 4.d il. This general principle
the law VAS admitted, and no attem
sill was made TO infringe upon it. 1t "
lge not intended on the present orcasi
int. to prove any thing not substantial
alb. sci forth in the indictment, and VIII
be tl,is rule . law is rightly nn.lersto'
ms il would he seen that the proof offer
ale came stricti, within il. Every indi,
e -; incnl for felony must contain two {
&c sentiai aud distinct allegations,
MD Wit: the criminal act itself, and {
an. wicked or telOnious intention wi
ai,- Whirh the act ",.s done. Unless
owe indie tnrnt contains both these ailee
dis lIons, distinctly and independent, {
i'm iorth, it is fstalIy bad. An in.ii,
'se men, for nuraer must allegc, that t
af, ,c. used killed particular perst
trI canning him, and also that he did
q S,ii maiicc proprnse o. aiurethous
u 70 all "tner i,.di, tnien.s for fel0
g g aust contain "a distinct alirs alton
-" luO amino the crime WAS rYmini,ts
~ ~, An indictment for larceny would
nv. fatally bad il it did not contain an
H., iegatin Of the ieionious intent. :
ave indictment for burglary must allied
that that the crime was committed ielO
t al ously N hurslariousiy, or it is iat;,
pro had, and so OF other crimes. The
The 'iietmeDtDow before the Court allie,
'lms IS that the prisoner committed .
L .