Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1820-08-17

I
.rs under color of authority from the states;
but no such power is interdicted to the state
Judges when prisoners are confined under
colour of authority from the United States.
If an inconvenience results from suffering
every state judge to decide on the constitu-
tionality OF a congressional act, it springs
from the nature of on rsocial institutions.
On the third point, the judge maintains
decided opinion, that no state court has Ju-
risdiction over the offences charged on the
prisoners, because jurisdiction is either ter
rtorial or personal THAT is, limited TO ef1en'
ces committed in its own territory, or tha'
which reaches subjects OF citizens only =
Piracy indeed, forms an exception oon.
gress has here constitutional power, ana
therefore. in this case, the state authorities
are defunct. If the United States courts
have jurisdiction, the men must have COM
mitted piracy according to the laws OF Con-
press: Murders and lobberies committed
nv any person on the high seas, are made
piracies. The Supreme Comt. have deter
mined that persons, not citizens OF the Uni
led States, on board of ship belonging ex-
clusively to foreigners, were not guilty oil
piracy, when not committed against citizens
of the United States. These persons acted
undera Buenos Ayrean flag, but they were
not citizens of the United States, nor dlu
| they plumber our citizens. Ihe right 10
/; punish pirates by any other than the injured
nation, only has been questioned. Tucker
in his notes on Blackstone, countenances
this idea but it is believed to be unsoupd,
and the right of congress TO punish pirates,
be they foreigners or not, when perpetrated
| against any person, or any where, never has
| been denied.
This right was first exercised by congress
in 1919, /" it any person or persons shall
commit piracy. as defined by the law OF ma
lions, on the high seas, and such offender
shall afterwards be found, or brought into
the United States, he shall suffer death. =
This is the only act affecting the prisoners.
/ Writers on national law differ in their con-
struction of piracy. Bynkershock defines
pirates IS those who commit depredations
| without authority by land OF sea" Duponc-
eau. "one sailing without authority to make
captures on sea or shore" Azuni, "one
| who sails in an armed vessel without any
commission, for the purpose Of seizing and
capturing any vessel" Blackstone, the
enemy of the human race, who having de-
clared war against all mankind-all must
declare war against him +" These defini-
tons prove, that piracy must consist IN an
unauthorized roaming OF the seas, and rob-
bling or cruising with intent to rob lndiscn'
minately for if the ship Of belligerent
cruises for and captures an enemy without
commission, it is not piracy. 1t is the In
Iten,ion to inure all that gives the nation moi
actually attacked, the right to punish pi-
rate. The pirates did not show DISPOSE
ton to injure all they sailed under Bue'
nos Ayrean flag in a war recognized by
our government and courts of justice. Fo'
reigners may, as to US, lawfully join either
belligerents, and it they have expected
their commission, they are responsible tt
the government Of Buenos .Ayres.
1.-THE prisoners have been guilty Of muir.
der, they are responsible TO the same go
yernment, unless this was done with de-
sign to sieze the ship and TO cruize against
| all nations, The division of the money a.
mongst themselves, would not even amount
to robbery at common law, it partakes nc
more of piratical act, than theft commit.
ted by one sailor from another in the same
ship. This evidence proves no robbery. nc
cruising with intent to rob, no murder. The
clear opinion of the judge, there fore, was
that there was no ground for suspecting, iron
the evidence, that these men had been guil
ty OF any crime, over which any court IN the
United States had jurisdiction. and they
were accordingly discharged.
FROM HALIFAX.
By the schr. Thetis, which arrived yes
terday from Halifax. we received papers ts
the Cd inst.