Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1821-01-11

Tie case the defendant wGS conshIerrd
as " oil the indictments pere before Tie
jury
Tile Counssi for he defendant cIdssed tie
cases under fmo hends- LIST. Tile detention
Of the French schooner ri. The capture Of
the Spanish and Portuguese resseis
O""er the frst class IL was urged lSt
That the detention IF the French vcssel uas
authorized by tie commission, as the eUidence
dSce' tanned that his reSset was bon,lI 10 an
e"emy port hacimg on board munitions of
~dr That Jor any ea'ctss Of this aath0rity-
me attendant as miserable to his 0cm go
peF"Ment, crImnaiiier, and to persons ar
S1eted, civiliicr, ia damages jhat his
dct, 0eing done un'ier q commission cannot
be piracy. I'd. That. admitting the get 10
hare been uniawJni and piyahcai the d,ten.
liant haring made a formal protest against
II, anal thus diScidimed tie act, cannot be
made answera6ie
Under the second class LIST. That the ne
PENDANT Smith, rs regular commissioned
c0'cer Of an andependtmt e1rer,memt. at ,ca,
nth Spain and FORTNIGHT and therefore am-
thor'-ed TO mate cupi0rcs End. That the
fact Of his maturity cannot alter tie rights
de1red under that commission so far as
they are essential to the defendant on these
indictments Ior. first, that "a paiyiaiien is a
natural right which society cannot justin
restrain and nrhich is not impaired by tie
fditine on The part Of this government to pre-
SCRIBE the mode an which IL shall be erercis
ed-1hat 4" the absence Of such regulations,
compliance wiM the municipal regulations
81 hJor@gn country and The dcguirenent of
Tie rgAtS Of citizenship there, is an expat,i
anon as Ia hiS country and, secondly, That
n TIE defendant as stiH 10 be considered as a
citizen Of the United States, and tkat it ,oaS
therefore nfdwfHt for him to take com.
m'sS1on to War against nation NTH whom
NE L. States are at peace sail such an. act
docs not amount 10 piracy, because the penal.
~ Of II IS prescribed 6y the act Which rem
deFS AZ nnfd~fht- Sd. That if all those points
are against tie Defendant, still ifhe acted no
ma II e, th"t is, within the scope of his com
MISSION, ne acts imputed to ham cannot q
mount TO piracy
The co"'t, 4" charging The Jury. consider
ca the Sereraf pOiHtS ar9Hed by tie deJ,n
ddnt counsel, and in relation 10 tie frSt act,
tie detention of the French Schooner rccon.
n'sed the principle commended for, that tbs
detention caS authorised as the ueSsekhad on
Guard munitions of wdr aud waS bound to The
port Of an enemy-J the act were u,iawfut,
the court SAID, that the Defendant 6y his pro.
test hat d,Sciaimed that act and relieved him
seq Jrom any consequences which might en-
sac that to euery iHdiptdaai ,Dho wds about
10 commit a crime, there DaS locus peui-
.thliG and that iohen such a repentanf dis
position appeared no punishment poud be
mF'cted.-In relation to the Commission of
the defendant, from the Artigas Govern
ment and the Commission Of the Columbia,
or ArragOmtG, the court said that so Tong as
the defendant acted witkim tile limits IF these
Commissions, IN good faith. cuen ifhc pa
pe''S were not intact genuine, he could not
De ton'd guilty of piraey-I1at the proof of
fhe1r genuineneSS, UaS, under the auth0rity
y ad1udged cases, sufficient at least to ,fpek
the charges Of, felonious intent, which is in
dSpe'isabfe to constitute piracy-that so long
as the defendant kept these as the rule of his
conduct, and did not transcend the authority
g1ven by than, he ,Das mt guilty of amy pira.
teal act. Ihetact of the nativity of tie de-
PENDANT does not alter the case. for If 1t be
unlawful IN a citizen of The u. States 10 ho1d
such commission as that IN the possession
Of Tie defendant, commission to uar against
nation at peace NTH the IT, States. the act
&'hich makes this nniawfni, prescriJes the
particular penalty II cannot be piracy.
The Jury returned verdict Not Gull
ty.