Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1820-05-24

naper. certified by the Clerk Of the
SUPREME Court of the United States,
the Judgment Of that Court upon the
noints Of this case which had been re-
ferred to it for decision, in the words
following.
This cause came IN to be heard on
the transcript of the record of the Cir
cult Court Of the United States for the
District of Massachusetts, and OH the
questions on which the Judges of that
Court were divided in opinion, and was
arg.ed by counsel, on consideration
whereof, the Court is of opinion
|. That the said Circuit Court had
jurisdiction Of the offence charged in
the indictment, although the vessel on
board which the offence was committed
was not at the time owned by citizen
or citizens of the United States, and
was not lawfully sailing under its flag.
Q. The said Circuit Court had juris-
liction of the offence, charged in the
indictment, if the vessel on board of
which it was committed at the time of
the commission thereof had no real ma
t,onaI character, but was possessed and
held by pirates, or by persons not law
fully sailing under the flag or entitled
to the protection of any government
whatsoever.
8. 1t made no difference as to the
point Of jurisdiction, whether the pri.
soners or any Of them we're citizens OF
the United States. or the deceased was
citizen of the United States, or that
fine offence was committed not on board
any vessel, bnt OF the high seas.
q. The burthen of proof of the ma
tional character of the vessel on board
of which the offence was committed.
was under the circums tances. stated in
the charge Of the Court on the prI.
soners.
The District Attorney then stated
that all the poi, is of law reserved for
the decision of the Supreme Court had
been decided against the prisoners, and
moved that the motion OH which the
cause has been from term to term con-
tinued might be overrnled.
Mr.. Spooner, counsel for the prison
ners, made no objection to the mo-
ton.
The Hon. Judge, after observing that
the questions made on behalf If the
prisoners had been argued with great
ability and learning before this Court.
and being sent to the Supreme Court
of the United States, had been argued
at the last term, and that the opinion
of that Court entirely confnrmed to the
doctrines given to the jury by this
Court, nverruled the notion, and order
ed that the prisoners should stand for
the sentence of the Court. when moved,
by the Attorney Of the U. States.
The District Attorney then rose, and
after recapitulatins the circumstances
of the Indictment, the patient and care
ful trial and conviction OF the prisoners
the motion for new trial, the refer
renee of the questions of law to the Su
preme Court and their decision upon
fhem, and referring to the law of the
United States, of Apri! 80. 1890. which
affixes the punishment of death to the
crime of Piracy, moved. in the name
and in the behalf Of the United States,
that the sentence of the Court should
be passed on the convicts.
The Judge then asked the prisoners
if they had any thing to say why judg-
ment should not be passed against them.
One of them replied. mo sir, sup
pose not The other two answered in
very respectful terms, something to the
same effect. The prisoners were then
remanded. and ordered to be brought
up again for judgment, at 9 o'clock on
the following day.
Yesterday the prisoners were again
brought into court, and the Hon. Judge,
after an appropriate and very impress
sive address. pronounced upon them
the awful sentence of DEATH, to be exc
cuted on the l5th day of June.
We are informed that an account of
the trial with the address of tile Judge
on pronounclng sentence, will shortly
be published by Mr.. Joseph c. Spear.
The following well written article On the
subject of the Floridas, is from the pen of
Mr.. Walsh writer whose language and
opinions on all public questions bear the i'm