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

under lie act, because robbery on land,
MAS noi. by HE laws of the Uuiicd States
punishable with death, (s,e the act for an
explanation OF his idra) aud em plaiical
~ declared ilia, he never would, upon
; such question consent 10 fake The
| lie ANY uian in obedience TO any court"
This declaration | presume, occasioncd
The Sd section of the act Of May 1920,
which Furnishes robbery on the higl, seas
with death and leaves eui the words that
created Judge Johnson'> difficulty. But
This act extends ouly 10 citizens Of the u.
States, or 10 persons on board Americas
vessels. or TO offences committed against
citizens for precisely the same reasons
which induced The court 10 decide that
the original law extended only 10 them.
l, is III fact a counterpart of the original
! law, with The difference lave noticed,
| aud must receive the same construction.
IL has no application 10 Foreigners ofend-
i"g against foreigners on the high seas,
nor Is there any act touching their case
10 be fonnd in our code except the act Of
The 81 Of March 1910. This act was also
occasioned by the decision in Palmer's
case. The court there said, that not
wiilstandiug Congress had a right TO en-
act laws Furnishing pirates who might be
! foreigners and who might have committed
ne particular offence against the u. States,
yet that Congress had i'm fact made no
such law up 10 That date. (March 1889
| Here IL may be observed that this right
TO punish for piracy, by any other than
| The fnjnred nation only, has been question
ed. Judge Tucker in his Blackstone, 4
vol. APP. A. p. s, says the c0gnZance
of aiicrimes and misdemeanors commit
led on The high seas by ciiizeus of the
same state against each other; or by
common pirates or robbers, against The
ci'izeps OF any State, beiongS TO that pariic,
| afar ntdfe 10 whose citizens lie injury as Of
J"ed. aud this idea receives counte.
trance from other writer's. Bnt il is be.
lieved Ia be unsound, aud therefore The
| riSh' OF Congress To punish foreigners
who have committed piracy any where or
on a"y person, will moi be denied.
| THIS right they assumed for the frs,
time IN March 1919. by enactiDg that "if
any person or persons whatsoever, shall,
on the high seas commit the crime ofpi-
racy, as defined by the Lar Of Nations,
| anu such offender shall afterwards be
| 'rought in'o or found in The United
| States: he shall suffer The punishment of
| death"
This is the only &c, of Congress, which
can affect The prisoners, as they are no,
citizens oi,he United States and TO bring
ih-m within this, il must be shewn that
he, nave on The high seas, committed the
crime si piracy, as defined by tie Law of
Nations.
what then ispiracy as defined by that
law! One might suppose that the au-
sWer 10 ihiS question was by this time.
easy aud familiar 10 every one. But on
examination il will he found thai very
vague and inconsistent ideas have bcen
entertained OH Ibis, subject, and That il is
muth less difficult 10 say what il is not,
HAN what is. Even The Chief Justice,
The march of whose mind is not apt 10 be
stayed by any difficulties, was so Impress
eh with The proprieiy OF this remark.
That III The case of the pirates tried al
Richmond, lac adjourned the question a.
rising out OF The expressions OF this rery
law Ia the Supreme Court. IF we had
The decision ct The Judges thereon, nv
inquiry into This branch Of ibe subject
would probably be al an end, bur as the
report ot II has not, TO my knowle ledge,
reached HIS place, l am left TO rely OIL
other authorities
Bynkersheek says. hat Pirates (Pra-
dnnes) are those, who without the au,ho-
r'zaiion OF any Sovereign, commit depyeda-
f'ons hy sea or land. Law of War, c. Il,
p. 10y.
Dnponceau, his annotaior, defines a pi-
rate To be Que who " sailing without
authority 10 make captures, Tor with
commissions from different, sovereigns IT
war with each oiIer.) commits depreda
tons on sea or on SHORE"
AZuni describes him as one "who yores
The sea IN an armed vessel without any
commission from any prince or stale, but
solely on lis own authority, and Go, the
N Inn.
a'ing 10 himself without discrimination.
every vessel he may meet" Part. 2. c.
8, Ar. 3. 3.
And blackstone. 4 vol. p. II, calls
hIm bosiis humani generis," who hav.
ing renonnced. all the benefits of society
ana government, land reduced kimseifto tie |
Sarag stafe Of nature Jy deciarfne. ,ca, n.
8ainSt all manhind, all mankind must de-
clare war against him.
Emeregou is still more explicit for nv
purposes, and presents more precise ideas
OF The subject
Pirates are those who rove The seas
without commission from any Prince or
Sovereign state, 10 rob The resSeLs Mey
n'ay haPpe" to faH in wjth" Traite DIES |
Assurances, c. IL, sec. %. vol. LIST.
Enemies OF all nations against whom |
they a"dtsc'ininatey practice iheir rob. |
berries, all nations have Tie right 10 fall |
upon them, ne couyir SHSJ and TO exter- |
mIn1ie them without a declaration Of |
war."--IdeS.
f" Piracy is a robbery on the sea (gri- |
g0ntGge Sur mer j. Robbery on land is |
called theft or rapinr. Inter piraiam ri |
mir0"sr nuIla est difTcreniia, nisi quia |
pIraia depreciation est in mari. - IIsp,.
But lest the term latronem should moi !
be understood, ITO whom Il pirate is as. |
simIIa'ed) he distinguishes between FIR.
fSn, which he calls " Is vol simole. and
iairocimUni. which is " lie vol accompggue |