Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-08-11

Tins. in The case OF several persons
who were indicted for piracy, for spoii-
nhons against the subjects OF the Siatcs
General, ausler AN authority which had
been revoked by procias,atisn. il was de.
ieimined. that though their authority 10
capture "as deficient. get not being doae
e'un,o depredanGl, i, MAS no piracy. Lex
nereatoria, 2G0.
And IN the case from end East. where
the mariners seized the ship, aud pui the
captain ashore, and aftermdrds committed
acts Of piracy, the force upon The captain
anu carrying away the SHIP. ,chich uas
explained by tier asc Of IL efterwnds, was
adludged piracy.
Ii Is this supposed intention 10 injure
all. which give the ualion not actually
attacked. The right 10 punish a pirate
For the right oil a nation 10 punish is
cleaiiy limited in IFS nature TO offences a.
galnst II. Vattel, B. /, c. 20. 232, Is.
IL therefore the act shews no such in.
teniion, but the contrary 4; ii il manitests
no temper hostile 10 all. the very iounda.
ton OF the right 10 punish is taken a.
way.
These principles, as we'll as the general
doctrine, are very happily illustrated by
Mr. Marshal, in bis speech on Living
sion's resolutions relative 10 Jonathan
RobbiRs.
"A pirate, under the law of nations, is
AN enemy OF the human race. Being the
enemy OF all, he is liable To be punished
by all. Any ACT svhich denotes this nnirer.
SAT hostility, is an act OF piracy But an
offence, which III lis nature affects ouly
particular nation, Is only punishable by
that nafios."
In explanation of this last idea he after
wards states;' Ii is true that the offence
may be complete by single ACT, bui it
depends on tie nature IF that act. IL il be
such as manjeSfs general hostility against
me wortd-an inieniion 10 rob generally,
then 1t is piracy /; but it'it be merely a nut
my or murder an a vessel tor tie purpose IF
delivering 1t np to tie taemy, il seems TO be
an offence against a single nation and
not piracy. The sole object Of the crew
might be 10 go over TO The enemy. or 10
free themselves from tie Tyranny erpe, fenced
on 6"afd slip IF war and not 10 rob ge-
nerally."
These principles appear TO me to be in
perfect accordance with reasoD-wiih the
aehnilions OF piracy by the writers on the
Jaw 0i nationS--and with the decisions of
the Courts.
In The case OF the prisoners, no acts
committed by them previous to their ar
rval OF Grenada, are objected TO them.
They were foreigners sailing under a
commission from Buenos Ayres, nation
or slate, al war with Spain, against Spa.
nish property. The existence of this war
our government and judicial tribunals
have recognized. Foreigners, NAV. as TO
US, lawfully join either belligereu,, il not
forbidden by their own sovereign; and
II forbidden, il is not for us to enforce
the mandate. II sailing under the Bue-
nos Ayrean flag they exceeded their COM
mission, or even made prize of neutral
property under a mistaken opinion iha,
II belonged 10 enemies, they are amena.
Die 10 The government of Puenos Ayres.
Dnt not 10 ours.
IL they have been gailiy of mutinv and
murCer TO Tree themselves from tile w.
ranny OF their officers, or upon any sud
Den pfovucatIon, and viii no design to
seizc the ship and c'uize against all mations.
IL Is no piracy, although il is iigl, offence
against me government OF Bucnos Ayres,
and against the laws of God.
The division of the money among
themselves MAS no robbery al common,
law, nor was il "rapine fate main
armee. The force which perhaps was
applied by others, no longer continued.
Inc Bai'ee OF the treasure WAS neither
present nor put in fear. +, was at most
simple larceny Qurtum,) an act very
lar from maniiesing any such general
hostility To mankind, as to justify man
KIND I'D aching bostileIy against them. In
iaci IL 2afiakes no more Ola piraiical act.
by The Iaws IF nations, q am not here
speaking Of the municipal law than lar
ceny or robbery committed by one sailor
upon another, III The same ship, or a MUIR
der IN consequence OF q duel at sea.
Inc evidence proves no murder-it
proves no robbery--it proves no crai=ing.
,v'fh intent to Tod-ii proves indeed direct.
" The reverse. so far as any credit is TO
be attached 10 il for instead of seeking.
they avoided all vessels upon the ocean:
and their Only wish seems TO have been
To get TO the United States in the
shortest time, and by the most direct
rOui.
IL II murder has been proved, and tl,a,
was an offence against our law, IL is moi
shewn that these persons were in any
way Concerned with it, or with The mutt
ny, or distribution Of The money after.
wards {; except in receiving their share.
Ey clear opinion therefore ia, that there
IL no ground for believing or suspeciine.
Prom The evidence, that these meu have
been gully Oiany crime over which any court
an Me Omitfd States has jarisdiriiOn-illa,
they have been guilty OF high offence
against lie government under whose flag
they sailed, and perhaps against HAT of
winch they are subjects, seems ceriain.-
bni our Courts have no authority to punish
offences against that government OIL the
high seas. any more han they haze a right
10 punish Freuchmau for ~ urdes ON
United in England, or an Engllshman for
one committed III Frauce-nor have wc
authority TO deisiD these men in prison
uniil Hey are demanded by Tie govern
men' oi Buenos Ayres, or 10 surrender