Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-07-30
RICHMOND. JULY 30
PIRACY
CASE OF THE IRREsIsTABLE.

Il lie CONSTITUTION VI tlt OUttCu s'tdiCS
confers on Congress the power To define
on the high seas, and offences against the
law of ualious."-Art. 1, sec. 8.
The Federalist," (No. 42) says this
power "belongs with equal ,)roprlety Ia
the general government aud Is still
greater Improvement on the articles OF
confederation. These articles contain no
provision for the case OF offences against
the law of nations (; and consequently
leave il in the power OF any indiscreet
member 10 embroil the confederacy with
foreign nations. The provision of the
federal articles on the subject of piracies
and feloDies, extends no further than To
the establishment of courts for the trial OF
these offences. The definition oipiracies
might, perhaps, without ineonveniency,
be left to the law OF nations though
legislative definition OF them Is found in
most municipal codes"
On the 3O,b April, 1890, Congress passed
an act for the punishment of certain
crimes against the United States" (among
others, the crime of piracy,) the 9th Sec
ton of which is in these words
Ind be it enacted, That ii any person or per-
sons shall commit upon the high seas, or in any
river, haven, bason or bay, out OF the jurisdic-
ton of any particular state, murder or robbie
dnN Otner OIeuCe WHICH III
within the body OF a county, woHld by the
laws of the United States he punishable with
death or il any captain or mariner of any
ship or other vessel, shall, practically and felo-
niousiy run away with such ship or vessel, or
any goods or merchandise to the value of fifty
dollars or Weld up such ship or vessel volun-
tarily to any pirate or if any seaman shall lay
violent hands upon his commander, thereby TO
hiuder and prevent his fighting in defence of
his ship or goods committed TO his trust, or
shall make "A revolt in the ship every snch
offender shall be- deemed, taken and adjudged
TO be pirate aud feiou, and being thereof
convicted, shall suffer death And the trial of
crimes comAtted OH the high seas, or III any
place out of the jurisdiction of amy particular
state, shall be in the district where the often
der is apprehended, or into which he may first
he brought.
Al tie February term of the Supreme
Court of the United STATES, 1913, however,
there came on The case of The U. States
vs.. Palmer ct al. certified from the circuit
court for the Massachusetts district -
Palmer and others, citizens of the United
States, had gone upon the high s"as,
entered and robbed the industrial RATA
ELI, Spanish ship, of various articles. In
this case, the question arose, Ito use the
language of the Chief JuStice) whether
this Act extends farther than TO American
citizens, or to persons or hoard American
vessels, or TO offences committed against
citizens of the United States! The con
sliiuiion having conferred on Congress
the power of defining and Furnishing
piracy, there can be no doubt of the right
of the Legislature TO enact laws Furnishing
pirates, although they may be foreigners
and may have committed no particular
offence against The United States. The
only question is, has the Legislature en-
acted such law Do the words of the
act authorize the courts of the union to
infiict lis penalties on persons who are
not citizens of the United States, mol
sailing under their flag nor offending par
iicularly againsttbem :"
The court finally came to the decision,
that the crime of robbery, committed
by person on the high seas, on board
of any ship or vessel belonging exclusive.
ly TO subjects of foreign state, on per-
sons within Ia vessel belonging also cx,
clusiveIy TO subjects of foreign state, is
not a piracy within the true intent q mean
ing of the act, for the punishment of GER
tain crimes against the u. Siatee, and is
not punishable i'll the courts ofthc United
States"
To supply this omission, a new provi.
sion was deemed 10 be necessary and il
is understood that with this intention the
last Congress adopted the 9Th section oil
the act TO protect the commerce of the
Unit ed States, and punish the crime OF
piracy"-passed on the Sd of March, 1910
The 5th ia in these words:
AHd be it further eaacted, That if any person
or persons Whatsoever shall, on the high seas
commit the crime of piracy, as defined by the
lac of nations, and such offender offenders
shall afterwards be brought into, or found in
the United States, every such offender or of
tenders shall, upon conviction thereof, before
In mis- al. If..aNa f.. al
district into which lie or they NAV he brought
or in which he or they shall be found, be pu-
nished 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 reader will perceive
from The following hasty sketch Of the
proceedings, that point OF some iInpor-
tance has also grown out of the new act OF
Congress.
On Monday, the Hall of the House of
Delegates was filled by large concourse
of spectators. The court was opened ;
the Chief Justice on the bench.--Mr.
Sianard, the u. States Attorney, ap
peared on the part of the u States
MPssrs. A. Stevenson and w. Wickbam,
on The part of the prisoners; Mtssrs. Gil
mer and BOnldiu The two other counsel
whom the court had added 70 ihe defence,
being prevented from attending, tie FIRST
a-by indispos'iion, the last by absence.
The prisoners (2I in number had been
varlously charged in three different i'll
diciments: one, (under the acI Of 1870
wasforrobbinSa Spanish vessel another
under the same act, for robbing a Dutch
vessel the Third, under the act Of 1900,
for TObbinu an DeTjedD vessel
Samuel Poole was first put 10 the bar,
under the first indictment, charged with
having practically aud iCloniousIy sci up
on, bearded, brOk, and entered GER
rain Spanish vessel or brig belonging 10