New-York daily tribune., 1858-12-10

tower bestowed upon Cpbsress nnd.r tie power u
d.fre pnaoy. Toosh1e. ~ heh l" De- u s,c.'''n ~
nsrk out TO determine The Am'- OF subject. IL ~
i,dvidn,i or acon1i'.e We're authorized - bF4 ths
bounds of Sisi. they would not be "a .iI- u 'ef
ing or ex..ndug th-se h"utc- but o1y ~ ll--
vi st they Az. lie c'irt the CITY 81 Cl7retra Ne'
Sctto.der orius out o. the app lntoerr - com
v.s,cr a. defe The houi dsres ol the rar1s )' TAI
citv Tbsy Old not d-fue the bound' BAT, in- -sl'
established =. ,,nin s-bt,arY wards ~ ne 'y' inS
ques'ior Of the legsh'y OF tbelr a., ctl. ~
a., ,h rox.r 10 d.fre 70 alter the ~srds II toe cy
liz oort.n1e1 tnst II the power 20 c"nstt1'. huy a.
Jrsc, h41 been intended u oe b. 'o1e1 "n '"ngf"'
!, v N ,ot nave been syrt ia 80 glzrfed nab-
r., Ly m. word cefue but would hzse been
,l,, iv slated Bot there 10 sucu drriga ~ Tue
ton,titat.oD. He further held, that II Congf.s- pos
.ee.eo n power make the savs-tfaie 90 me hlzn
..ss r,racy IL cOud give the jurisdiction over II -
nnv oti.r e1urtry. L. l19J, mrrier was oecHfed 0y
Isy to b. piracy when committed on the hgh sea.
hut csse occniribY not long a,ter, tie c"uf- ne!i
trat calTg murder piracy, cou MT make II 90 hlI
,b,t Willie Congress had power Ia punish nnrJer, II
bad MT tie power 70 puosh i when committed on a
fo,eian yesssl on the high seas, by iOreign-r Ia
the case Of Mach sgt. Robbins, aso, acase 20 n"t-
nous from its political impo'taLce, muIeef va ool-
uitted on board reign vessel, AID the Dbr'y was
arrested ard arraieued but on TIE demaud ci Great
Bd,an. was obliged TO be given up So, if 40 Amerl-
can committed uider Oh an American 'ess.i Al sea
freipp governments could Lot have control o II, nor
could the on cf reign courts be accepted IN hbate
ueIt Of proceedings here.
If Ii be coutended tbst, while Congress has not
the pc 10 pnIish this act piracy II -tl mas tne
power TO pursh il With death. Bat 10 Iustiy inst ar
cuue1t the clause OF the Constitution mus be cited
l. tot felony, for the same reason thit IL Is hot
lrscv II il not a felony because, occurring between
tao foreign counries Il not an oil.us1 against me
G.yernu.D Dt Of the United States. No die position y
shown TO 4 lure aUy whom the United ~ it1s
Les ursdction 1t il not all offense asalnst tue law
Of Bations IL Is not an otense that Is eosDiztDie
under the power Of Congress to regulate commerce OF
G. u fell pofu nd ne IA
of tire Gle uses of the Constitution alluded 70, ana II
there If no other clause OF the Constitution under
which Congress has the power 20 thus declare piracy
and uprish il with death, then the laS can only be
sustained on the plea that the Government Is supreme
over the Constitution and can pass what Laws y
peases These PORTS seemed 10 him c.sar, s.h
enough 10 Justify the discharge OF the prsouers lie
coIceved 10 be in the province OF tue Court 10 ur
t.rpe the fact- un5er these proceedings. The laws
that the Ofcers Of the United states are s~orn 10 nN-
ferd must be in conformity with the Const tuition; IL
is cuty irexorsoy required Of the CoOrt tha', sheA'
ever question OF the constitution atty of Jaw sTssr,
il be carefully COZ sidered. The points present-d
sh> nd be et squarely and iary; and the prison.
ers are entitled to then Liberty they should be at orce
discharged from the process under when they are no"
held.
M Gregg followed loi the defense. The prisoner.
bad been chage1 with the violation Of the fourth and
6,tb sectos OF the act of 1870 and wltn no o.her Of
fense; and he .hud regard IL unnecessary IL re-
ver 10 any acts Of Congress prior to that tune. As 10
tie st niicr al snftUiy under which the act was
passed, he supposed the principal question Was
Whether it parsed III conformity with tn,t au'e
Of tie Constitution empowering Contre-s To define
praay A. 10 tn. other cl4ue Of that lnstrnmant 10
which allusion had been mads, II seemed 10 nun Ike
subterfuge Wien toe Law Gays this crime IS piracy 10
say TT not piracy, ther Congress has the poHer 70
punish q under other ciause of the Cor tsiulon
There one possible other than the Constr
tuition from which the power 10 make the act piracy
mig lit be sought-the Treaty fy-nakiog power Bat tho
oct Of 1870 preceded treaties with foreign uatons Tor
the slaye-trdde thus TINS
was debaITed.
There had been from the time Of the f.rnstion Of
the Constitution TO the present, two modes OF con-
stfuciion applied to that Instrument. Under one the
povers If lie Government had been oosey allowed,
without reference to the strict powers of the Ccnsu-
on. Some persons 80 been found, desirous of CIV
ing to Congress the power OF some sovereign nauon'
ard under that CLAUSE of the Constitution Iespectns
the general welfare, to erlarge the pl@ers oi tue
Government to unboODded extent. Under another
mode IF uctop. tho powers Of Government bad
be, limited by the strict Interpretation Of the Consu-
totop. lie should not enter into an argument Nc 10
which ode Of construction wss the correct one III
the fret then they might at once asindon their case.
But he preferred 10 cohcode that the Couit woui De
guided by the last. He proceeded, then, to the ques
toJ whether uncer toe power 10 denne and punish
piracy end felony Oh the high seas, and ofrnses
against the lsw of nations the oepse charged against
tie prisoners can be legally putisbed and at the
espeuse of being irksome, lie proposed to read to
the Court me definitions of tue words pirate and
piracy. The counsel proceeded TO read the dehoi-
position that the words named we're lot used 10 the
English language At tie time of the adoption ci
the Constitution of the United States, to denots
any Other legal ofenses than bberes on tue
hi.b seas. He admitted that the Eugsh Govern
mept in acts passed pIOr 10 tue American Rev ution
did make other acts thsn robbery piracy on the biSn
sess, under tie English law. But every one ci the
ofeIsrs thus cassed as piracy by the Essh Parlis-
uent was intimately connected with the original Oh
fense Of robbery Oh the high He read from the
statute of Wilhsm ILL., by which 1t was made piracy
for British sub jet to perform an act of hostility on
another British ruject the bgh seas-for the COM
mander of vessel To beray mis- tInst or yield volun
tarily 10 u pirate-to commit assault upon com
mspder do act that would tend to the oss OF his
property from the statutes of George l., which m4ie
il piracy trade with pirates, to forciby board
mere aut vessel throw the goods Overboarfi aud
from the statutes of George H. ny VII eh 1t was made
piracy TO assist an eneWy oi Great Britain on TIE
utable piracy under the English law, prior 10 the
adoption Of the Federal Constitution. Admitting,
then, that the word piracy was at that time extended
10 there ether crimes, not strictly agalust the
law q ustioDs he still teld that the definition of pi
racy, under tie Constitution. copnot be extended be.
yhd these ofenses oGeDses strictly analogous with
ilem. 1t is true that subsequent laws had been
parsed by the Epgli-h Parliament making the slave
trade piracy. 18th Geo: :, ch l3j. th William;
4fh CHI. lst Victoria snd7, CD. 9s II was enacted
that ifsny English subject should ship slaves
Epgh.h Vt ss.l, be eboud lie indicted for piracy and
rtbbery, and imprisoned for term of years. But
these lsws applied 10 British subjects alone ard do lot
GO 20 Tar the American law, which reaches all per-
sors on board an American vessel.
The Ens slish Parl.eDeA; IS omLipoeDi, srding 10
the prlueiple sia dowI IL law books. II can 10 S,y.
thing that an absolute government car DO. Tns Ea-
.Ish P-IiaueIt may make word, or give L 4 sense
dfi, ret 10 'bat sh oh i bore befJre. Bu; the Gov
efumeDt of tre United States s Hunted pc TeI and
is MT invested with tie unboucded prerogatve Of the
E.ghsh Parliament. Even the slave-tfa1e, however,
is in England. nearly affiliated to toe origins, cf-nse
tntb h. h.l En-