Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1819-08-03
are .snsed.r.cy ~ith foreign s.t.css. The

The eenfedsfAcy VIM fDreRn udtVUns. 70
provision of the federal articles on the SUBJ
rect of piracies and felonies, extends no
further than to the establishment OF courts
for the trial of these offences. The deflni..
ton Of piracies might, perhaps, without
inconve nienc,, be left to the law OF ma
tons though legislative definition OF
them is found in most municipal codes"
On the 3Oth April, 1890. Congress pas
sed {" an act for the punishment OF certain
crimes against the U. States" tamong
theirs the crime of piracy the 9th section
of which is in these words:
,.and be IL enacted, That if any person or
persons shall commit upon the high seas,
or in any river, haven, bason or bay out
Of the jurisli, ,ion Of any particular state
murder or robbery. or any other offence
which if committed within the body OF a
county, would by tie laws Of the .. States
be punished with death; or il any captain
or mariner OF any ship or other vessel
shall, practically and feloniously run away
with such ship or vessel, or any goods,
or merchandise to the value OF fity dollars,
or yield up such ship or vessel voluntarily
to any pirate; or if any seaman shah lay
yiolen, hands upon his commander, there
by to hinder and prevent his fighting in de.
fence of his ship or goods committed to his
trust, or shall make revolt in the ship !;
every offender shall be deemed. taken and
adiudged to be pirate and felon, and be-
ing thereof convicted, shall suffer death:
And the trial of crimes committed on the
high seas, or in any place out of the Jur's'
diction of any particular state, shall be In
the distric, where the offender is appre'
hended, or into which he may first BIT
brought.
AT the Feb. term of thu supreme court
of the United States, 1918, however. there
came on the case of the United States vs..
Palmer ct al. certified from the circuit
court for the, Massachusetts, district. Palm
ar and Others, citizens Of the U. States, had
gone upon the high seas. entered and rob-
bed the industrial Raffaelli, Spanish ship,
CT vari.us articles. In this case, the ques-
ton arose, Ito use the language of tine chief
juslice) whether this act extends farther
than to American citizens, or to persons on
board American vessels, or to offences
committed against citizens OF the U. States?
The constitution having conferred on con.
gress The power OF defining and furnishing
piracy, there can be no doubt Of the right
ot the legislature TO enact laws Furnishing
pirates, although they may be foreigners.
and may have committed no particular Of
fence against the United States The only
question is, has the legislature enacted
such law ? Do the words of the act au-
thorize the courts of the union to infict its
penalties on persons who are not citizens OF
the u. States, nor sailing under their flag,
nor Offending particularly against them 2"
The court finally came TO the decision,
that the crime of robbery, committed by
a person on the high seas. OIL board OF any
ship or vessel belonging exclusively to
subjects of a foreign state, on persons
within vessel belonging also exclusively
TO subjects OF foreign state. IS not pira.
cy within the true intent and meaning OF
the act, for the punishment of certain
crimes against the U. States" and is not
punishable in the courts of the U. States"
To supply this omission. new provi-
sion was deemed to be necessary and it
is understood that with this intention the
last congress- adopted the 9Th section of The
"act to protect the commerce of the United
States, and punish the crime of piracy
passed on the Sd OF March, 1919. The
9th section is in these words:
.i-.L be 1, enacted, That if any person or
persons whatsoever shall on the high seas,
commit the crime of piracy, as defined By
the laos Of nations, and such offender or
offenders shall afterwards be brought into,
or found in, the United States, every such
offender or offenders shall, upon conviction,
thereof, before the circuit court Of the U.
States for the district into which he or they
may be brought, or in which he or they
shall he found, be punished with death.
The case of the Irresistible, which came
before a special term OF the federal court,
for this district, is perhaps the first case
which has been argued under the act OF
1910 The TO adpr will neIceiye from the