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


them, for making or end, svourinS Ia II, k.a
revolt, If they are satisfied from The evidence
that the accused WAS ConcPrnrd as one of the
crew IN taking tOrCIbIe possession al the vessel.
and navigating or transferring tn others the
command and na, igaiion of her, ther. b, su-
pers"ding the authority and goyernmest of
'hr hgitinate commanders, or that he endea-
voured ln excite the crew To overthrow the
lawful authority and command of the Muster
and officers, ar in any other way to make a
mnliny among the crew, or To stir up - general
disobedIence or resistance To the authority Of
the master and officers The court may in
thIs way have an opportunity of taking the
opinion of the Supreme Court of the u S.
upon the nature of this offence, OF of obtaining
"A legislative definition Oft
There are yet two species Of piracy which
remains To be noticed. The first is that which
is defined by thu law of nations, aud is pun
ished by all the civilized governments OF DE
world II IS the commission on the high seas
"f any act of depreciation or plunder on thu.
property of others without the authority of
some foreign power.
II any man is ignorant of the nature ard
estate of this species of piracy let him inqura
oi those who IN the prosecution oB their Iegiti-
mate commerce, and in time of profound
peace have been despoiled Of their property
by tn" lawlcss buccaneers Of the seas, or W he,
in their faithful exeriions To protect tn. prurerty
committed TO their care, have been subjected
To insult and 10 torture which the outcasts cf
society and the Understanding enemies Of
the human rae" could alone think Of or in
lici, let him visit The spot where A Hen fell. and
thp pestIential climate in which Watson his
friend and avenger, and many Others of
our brave tars have Si"kenrd and died If
the eye of humanity turns with melancholy
disgust from scenes like these, the patriots
bosom will nevertheless swell with exulting
and grateful feelings to our naval heroes who
nave sd nobiy and so successfully executed
the duties assigned them hy their Country and
tn that government whose wise aud magnanj-
nous policy called them into action. For it,
should he recollected that ths comm. roe of
the United States and the peace and safety OF
American citizens, were not the sole rbircts
of an expedition So entirely honourabe TO the
country In its origin and in ns progress To
THIS protecting force the subjects aud citzrps
ui every nation trading within the range of
IN" W. st India SEA rovers are indebted for The
.ecnrI'y oftlleir persons and property
Before take leave this species of Piracy
It VIII be proper To observe that to constitute
the crime, it's unimpurtant whether il be- one
which If committed within the body IF IA
country would, or would not, be capitally pu-
nishrd by the laws ofthe u. S.
II IS sufficient ifit amount To unauthorized
plumber. Neitheris it essential that II should
he committed on board ola vessel, belonging
To citizens of the u. S. ar by cilizsns of these
states. II committed by any person, on board
OF any vessel or upon the person or property,
oI Foreigners or citizens, II is piracy accord
ing Ia the laws of nations and within IN. p,gau-
lnS OF the act OF Congress and the H;esder
IT brought into the u. S. or found within me
same, IS suhjecT 10 be tried bcfpr. the Circuit
Court for The district into which he may be
brought.
have in the last place 10 mention those
acts connected with the Slave Trade. which
Congress had declared To amount To the crime
of Piracy. Thesrarr,
Eirst, The landing on any foreign shore,
selling any negro or mulaitN not held 10 SER
vice by The Laws Of any of the states or terri
tories ofthe U. $. with the intent to make
slaves of them.
Second. Drcoying or forcibIy taking or So
curing such persons on board With suchinient.
Third. FOrchy OBTAINING or aiding ~ de
tanning such persons on board with such in
tent
Fourth Offering such persons for sale as
Slaves ON board of such vessel,
Fifth. Transferring on the high seas or in
any tide water TO any other vessel. any such
PERSONS with such intent. And, lastly land
ing from such vessel the persons before des-
crihed with Ike intent.
Thepersons liable to be yunished as l,ir. tps in
the cases under this head are citizens OF the
United States, being of the crew or ssip's
company of IL foreign vessel engaged in the
slave trade, and citizens or foreigners belong
ing tn a vessel owned wholly or in part or ma
vigaed on behalf of ciliz, ns of tn. u. States.
Let me not forget in this place To pay tho
tribute which humanity drmands, and which
Is so justly due TO the intrepid officers and
crew of our navy, who Drawing the dangers of
slckly climate, have On the African coast.
contributed To arrest trade in which Chris
ll4ns have disgraced themselves into the cha
ractrr OF savases, preventing in some instan.
ces The preparation of the mcdifated crime.
ana IN others resculng from The gripe Uf the
"prressor the prosecuted African, and re- tor
ing him 10 the land Of his nmi,ity. Would
the civilized nations nf the world unite with
MS ia this work Of charity and exalted bruevo-
lencr, not by unmeauing and decppti, g prnfrs-
Sims, buI Ivy Initiating Our example, and d.
ing as we do, The slave trade would soon.
ain persuaded, cease 30 exist.
understand from the District Attorney
that application has been made tu him io pro-
secutr criinnally for assaults and batteries
committed on the high seas ON board Of Aur-
rican vessels which he declines doing ON the
ground that The Court has not jurisdiction Of
such eases, Congress not having declared
those acts tO be- Offences coguizahle by Ito
Courts of the Union.
This was made a question of in this Court
before had the honor Of presiding ia il when
the judges were divided in opinion
ln subsequent case when ! IS rs present,
person was bound over by the Court 10 an,
swer for an assault and battery committed vt
sea. Bot this was before the common law
.....s. q. 80 a.