Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-10-31

nshed them with the following copy of his
charge delivered at the opening of the Circuit
! Court of the United States for the District of
Pennsylvania, aud ordered by them to be pubs
lished.
CADwALLADER EVANS, Foreman.
| Philadelphia, Oct. ~ 1928.
Gentlemen Of The Grand Jury
Bring appraised by the District Attorney of
the particular offences for which he will Law
before you Bills of Indictment, | shall coniine
this address exclusively TO them. They will
be found TO CONSIST of those acts which by the
laws of the United States are declared to
amount TO the crime of Piracy, and the per-
sons accused will he exhibited before yom in
the characters of principals or accessories.
BY The 9Th section ofthe Act for the punish
ment oil certain crimes against the United
States, It IS declared, that if any person shall
commit upon the high seas, or in any river,
basin, or bay out ofthe jurisdiction of any
particular state, murder, or robbery, or any
other offence, which if committed within the
body Ola country would by the laws of the U.
,. he punished with death or if any captain or
mariner of any vessel, shall practically and
feloni"usly runaway with such vessel, or any
goods to the value of $50, or shall yield up
such vessel voluntarily to any Pirate or ii
any seaman shall lay violcnt hands upon his
commander, thereby to hinder his fighting in
defence of his vessel or the goods committed
to his trust, or shall make revolt in the YES
sci, every such offender shall be adiudged to
be- Pirate and Felun.
| The 10;h and llth sections efthis act des-
crbe the acts which constitute person AN
accessory Ia the principal felony, before and
after the fact. By the former il is enacted,
that If any person, shall upon the land or the
seas knowingly and willingly aid, procure
command, counselor ad, Use any person Ia com
NIT murder or robbery, or any other of the
aforesaid acts OF piracy, and which shall effect
the HE OF The principal and such principal
shall thereupOn commit such piracy nr rob
berry, the person thus aiding, procuring, COM
manding ~ advising the same, shall be- adiudg-
ed an accessory To such piracy before The fact.
BY the latter section II is Declared that If Aft r
the commission fany such murder or robbery
or other piracy, any person showing that such
pirate or rohber had committed such piracy or
robbery, shall. on the land or on the seas re-
ceIve, entertain or conceal any such pirate or
robber, Or receive or take into his custody any
vessel, goods or chattels, which had been pi-
fatically and feIonionsiy taken by such pratr.
orrobber, the person Sd acting, shall be adj
Judged 10 be an accessory after the fact
1t may now be necessary, gentlemen, before.
| notice other acts of Congress, relating To the
CRIME OF piracy, to- make some observations
upon the acts of piracy described in the be-
fore mentioned section.
! Aud first as To Murder.-It has been solemn
| ly decided iii this court, that Ia aulhurisr the
courts of the United States to take imrisdic
ton at that offence as piracy, it is essential
| that not only the stroke should b. given htt
the death must have happened ON the high
seas, or IN some river, basin, Or bay, out of the
jurisdiction ola particular state of the o. S.
IL may be proper further To remark, that the
courts "l ibe u. >. have jurisdiction of this of
| iencr, not only '.hen committed on the high
seas, but when committed within any Gnrt
arsenal, backyard, magazine,o or other place or
district 81 country under the exclusive iurisdic-
tsn of tive II. s.
| Second, Robbery,-As to the nature Of this
offence and the acts which constitute it, we
must refer 10 the common law which defines
1t to be the fIonoHs taking of goods from The
person of another, or in his presence. hy via-
ience or intimidation, and against his will
| But 1t is not every act of robbery committed
on the seas which amount To- piracy under the.
aforementioned act of Congress. For if il
he committed by person on board of n shin
brionging exclusively 20 a foreign State or her
subjects, or upon the person of foreign sub
Jrct' IN a vessel belonging exclusively TO for.
eISn subjects, 1t is not piracy within the mean
ing OF tins law, although it may he so under
another act of Congress hereafter To- be mcn-
| toned
Sd. The next act of Piracy under this sec
tIon of the law is that of the captain or other
mariner of vessel, feloninusly running away
with such vessel or any goods To the value of
$50. This offence has never To- my recnllrc-
| non been brought within the cOgnizance of
this court. 1t has however been indicially
anlmadveried upon by The Judges of the FIRST
circuit of the courts Ofthe United Stafes.-
And shall state Ia the Grand jury the opin
ion Of that cnnrt. without cOnsdt ring myself
commtIed thereby, or in case should upon
solemn argument of the subject d fcr from that
opinion.
| In that case il was decided that to constitute
ms Offence, personal force ard violence is moi
necessary, that II is sufficient that there he
running away with the vessel with the wrong
tuI and fraudulent intent thereby to convert
the same tO the takers own use against the
"iIl of the owner. As al present advised. |
perceive no reasonable objection to this driini-
| ton OF thr offence.
! 4lh The last offence under the above sec
ton Which II viii be material for me pnw Ia
noiice, is that Of making a resoIt on board of
| a snip. what are the acts necessary to con-
slltutr This oii"rce, is question hy 10 means
settled ~ ihe Courts If the u 5. / was. nj one
! Tune OF opinion, that The offence was commit
ted whrn the crew have thrown of all obedi-
ence To The master, taken possession nv force
oI the vessel. and navigatcd her themselves,
or transferred the command to some other
! persnn on board. / understand this Ia have
hcen substantially the definition given Of this
offence by learned Judge of the Supreme
NOnri ni The y. >. whose opinions are res
pecltd by all legal men, But when this sub
ect came 10 be- examined in Sharpr's case af-
ter full discussion Of it, this Court was of
Utuyu that a fine finn Tley,eTT tt,e ruf Il