Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-04-04
rnR TIE fNauIRrR

FOR TIE ENQUIRER.
An abstrac, Of opinions SAID To have been
delivered BY the Supreme Court at the UIii-
en Ntates III some cases at piracy has beeu
puhiis'ied IN ih. National ia:eineenrer.....
FROM ms abStractii would seem, that, in the
opinion ut the court, some Que species OF nj
rdc> has bceu defiued ny the law OF nations
and that therefore tbe words piracy as de
' hAtd 10y lie law uf nations, found IA an
ACT OF Congress, are sufficiently explicit, ac cn-
iaie anu precise ; and certain Ia every iutemt,
SO FAR as sound law requires such ccridiniS in
n prosecution for ciimc.-'ibis hut tor the
interpoNing authority, might he donbted.-
II az piracy been at any time defined BY the
ll~ ut ndiious la what public authoritative
code, VI snc.i g 'de there b. does the definition
exist When ar where, by what authority and
An what language was this code promuis ated
Let those. who Can. answer.
i,thTi'iua' wciters OF tue law Of nations,
each according 70 his fancy or his Judgment,
have no doubt attempted 10 uefue a pirate
anu by relation have given an exp.,cation o!
dehnltion of piracy, as acrime contrary to the
law nations because a violent njuSiicc 10 all
mar ,ind.-BM Ia writer on law and the law
itself can neither be accounted one aud tic
same, or definition by one be II definition hy
The other Therefore the definition by anv
OF these writer's, Cannot satisfy The intent of
the act DIS 10 the offence, which il purports to
set out, unless rhe deiiuttion be derived, and
so JuGlcIdliN shewn, from a formal positive
law prescribed by The legitimate Will OF the
en'ife coisnu,ity OF sovereign staIeS. For AS
u dit eNlICdti' oil It's Stit
Ject bN suitable words; so law containing
dth"ition, or by which duy matter is defined
that Is not itself reduced TO logical form, can.
not be ina rinpl
As a sample of these definitions by writers
on pubiic Law, aud TO test their accuracy, let
ihdt by Azuii "a popular Auti-Anglican wri-
ierjPdit2. chap. Art. 5. be considered.
pirate, SAWS lac, is one who roves the sea-
h' an AIMED vessel, without any commits sIOn
or passport from any prince or sovereign
" state; but solely on his own authority, aud
Tor the purpose OF Srizing NV force aud ap-
" piOpriaiIu2 to hin,.ei, tcifhoat discri,rinutign
- eGery CtSSet he nldy nCCt." Who does not at
once sec the miserable inaccnracy OF this at
Temp al defiUiiionI And if A legislature shou;d
Incan,iously advert TO all without discovering
It's ia'lac! refer TO il as an accurate definition
ahu so anthonse II, Ungh i an enli .hteued judi-
cial tribunal To give ii cOuntcnauce: Suppose
Tue pirate met vessel OF ten times his own
iHrce ~ surely cOuit. not have entered into
lli> purpose TO seize such vessel? suppose
ht did not appropriate TO himself a vrs.eis,iE-
ed, but took The cargo; ana suppose lac did
discriminate. as was said OF those convicted of
piracy IN the United States CuHTt at Richmond
II without any authority OF any sovereign lie
!orcibiy seized on the high seas and aepropri-
a'ed TO himself the property of others, would
ne be the less pirate CasaTagis, cited by
Aznni, gives better definition. Nam pro-
prize privata lie dcitur, qui sine pdteRtibgs ail-
cuJuN pfI"ciris ex pTopria tantnm dc prItaia
auieriiair per mare discurTIt depredandi
tauSh. DH' sun thekc ale OCIlttlOnS by nlI-
vate meH aud not by tine law OF nations.-Ard
should they be considered ds definitions by
tie law otnailons, this nODStrOus consequence
would follow, that power denied by al least
all modern Tree states TO the most exalted OF
MS Individual members, that OF IL gislatiug for
hingle state, would thus he conferred on a
private author ia respect 10 the whole world
What IN To be considered piracy with refer
ence TO tile iaT OF nations, although not de-
fined BY That law, because that law is not in
Tor To coDysya definition, i, not Ieft TO mere
co'JeciRre.-It is deduced from the coaduct
OF dinereht nations coucurring TO punish the
offence aud notices of what their varions tri.
buDaS have decided TO constitute the offence
Ii il be not defined, the acts which constitute.
a may be judicially known, inst as artificial
colours. though not to be defined by all the
Wit OF man, may he described or certified by
reference TO those objects in. nature in which
they appear.
These remarks have no reference 10 the ac-
! tntl gun OF the c0nvicts nor are they meant
TO inpnie blameany where. Ii is right per.
hdps, though net ihe course of the common
law. thai the judiciary should from respect to
the legislative authority coustrue its acts even
~ criminal cases literally. But ii IS TO be
regretted, that a vaguenrss of expression
| which At common law wouid not lie tolerated
ma simple action OF trespaSs and reference
| TO standard which does not exist, should in
! a case of life or death be coupienanced by
! the Supreme Court. Though il may operate
no wrong to the prisouerS, IL may he perni-
/ clous d. u precedent.
Tie National Gazette i Literary Register.
| The Prospectus of this new papPr TO he
Issued Tomorrow at Philadel ,,hia, printed by
MIR. VIM Fry. and edited principally by Mr..
| Robert w ash has not escaped ms. lis motto
| =" Principles and men" We should suppose
| that the Missouri Question is for the present 10
! form the chorus or its song. Ills 10 inves.
tigate the merits of Tnen as well as principles :;
| - ictGt the mum is who IL TO q" be exalted 10
power, and how be stands connected" II
! contends that IL the laws against the slave
| trade for in<iance~-the legislative measure
! 10 prevent the extension of slavery. be among
| the best in themselves ana the dearest to the
hearts OF large portion OF the Union, we
may enquire, not OUIy yvhetbPrthey have been
| zCdlOnsly and entirely carried into effect, bu
| whether the erecutire authorities are 80 cODtpOs'
ed az to allow us 10 hope, that Thie thcY are FL
| led tr0mthe sumo quarter. surh will ever be- the
| case 1T Processes 10 be warmly attached
10 the Union"-bnt il goes onto give its hear
| ~ concurrence to Mr.. Lowre's declaration
" that lie preferred dissolution of the Uni
! on TO the extension Of negro slavery beyond
| the Mississippi, IN the iRstrUmentahfy of the
| UuiOu ;''--tEat \ he non-slaVe holdins states
! AS they atc called, with those which must TAI
| into their system Of action, not only could ex
| ist in n separate COpfederacy, but would be Nrt
| 10 flourish and maintain Themselves ~ Ipde-
pendence aud prosperity against all ihe world /,
| &c &c We shall give cOpiOus extracts irOn
this daring Prospectus at our leisure.-lf thi
National Gazette goes on a. it has begun, !
will not hesitate To eud with striking ." ltu
iioHm" from its finn.
IT Is mere sopbistry To tTiug these in-wbo dream
" any altrmptto relax these laws Gut IL is tie eSte
seu ~ slavery (bsyoud the MisstssiDpi) A.or som
other point nf rauorsl policy (graud IS stem uftosi
and canals, or wild one 81 manufactures perhans) 80
which " were vain tn tNTCrttls success long a.
same influence predommated, that has without int
rug ion. determined tie administration Of toe Gedei;
| government since HRCfcfH VenrS' that ~ to rally !
4 10 FHHN
| tnerests,..." TCHcrO ducC"
1