The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1861-10-07

| Ligcaatia rel ct mieisia of that prince or State
that hath given him his commission -
| The same learned Judge, in other charge
| ieclares that pirates
"Are in the eye of the law, hostes Aanaani
yeReris, enemies not Of one nation, or OF one
ort of people only, but of all mankind
| they are outlawed, rs / may say by the laws
| If all nations-tbat is, ont OF the protection
| # all Princes and of all laws Whatsoever
| Everybody is commissioned, and is 10 be
| 'rTned against them, as against rebels and
| t aitors, to subdue aud root them OUT
| Judge Story, i'll the case Of the United
| States rs. Smith, says:
| ''There is scarcely n writer on the law Of
| nations who does not allude to piracy a
| crime Of settled and defermited uature,
| and wha tever may be the diversity OF defiui-
dons in other respects, all writer's concur in
! holding that robbery or forgible dcpredItions
| upon the sea, 'simo f@raNdi, is piracy
| He, however, carefully guard ~against the
| tdea that mere excess of power in lawfully
| commissioned ship is sufficient 10 conSil tute
piracy, and in this respect follows the rrac-
| tice of the English courts, as laid down in the
charge OF sir l.. Jenkins, who says taat.
aft II man do take such u commission and
serve under it, then Ills no robbery to assault
| subdue, and despoil his lawful enemy, nor yet
"a SeIZe ana carry away q friend supposed to
| be an enemy, provided he do bring thar
| friend, without pillagiDg or hurting him, TO
judgment in some port OF that prince whose
commission he bears"
| A vessel that takes = comm ission from both
| brliigerents is guilty of piracy. Where, how
ever, % vessel sails under two o. more com
| missions granted by allies against q COM
mon enemy, the practice, although deemed
irregular, does not carry with il the ta!At IF
| piracy.
\ vessel OF Il neutral State armed as a pri-
Vfttepr, with q commission from q 1pIti Eerpgtt
where no treaty stipuiGtiOns exist, although
guilty of gross irfr1ction OF the law Of ma
| uohS, IS not chargoab!e with piracy. That
| was the rule held ny the Court III tie casa Of
| Gideon Hent:eld tried for Illegally eui.stiug
~ Il French prlyateer, IN the Circuit Court oi
| the United States tor the District OF Penn
| 9yIvGnia, l793.
| Many States have entered into agreerr, rn ts
| by treaty, 70 prevent their subjects irom IN
tering into such adfen lures, under heavy
| penalties and others have coyenanteG that,
| IN their municipal law, tnis act shall be
| treated rs piracy. In the tree ties entered
| INTO betyTeen the United States ana France,
| Holland, Sweden, Prussia, Gre1- britain,
! SPAN, and some OF the south American
| states, it is declared '.that no subject or ctI-
| zen OF either nation shall accept a commits
| -lOu on letter OF marque to assist any enemy
| III bostIlItles against the other, under p1in OF
| bring treated as a pirate"
! \ law WIS passed in l7ot BY Congress and
| revised and re-enactea IL ISIS, which declare :
| 1t TO b. a mi SGrhcanor for any person within
! the Jurisdiction of the United >Stttrs to aUG-
| 'nent the force OF any armed vessel belonging
| 70 one foreign power at War with another
| and Il t price with the United States.
| This example was followed III the succeed
| ing year (!sl3} by Great Britain, whereby the
| Foreign Enlistment act, - Geo. III, c. g.,
| provides against such enlistment under the
| penalty Of The forfeiture OF tie ship CT vessel
| auI the punishment by fine aud in prison
| !nent Of the persons implicated.
by tAe marine ordinance OF France, Of Au-
| gust, 1851, French subjects We're prohibited.
| from entering foreign private armed service
| without permission of the king, under penal
| ~ of being treated as pirates.
| Mexico, in her recent war with the Jnited
| States, made great efforts 10 induce the citi-
| Zens of other Governments 10 accept letters OF
| marque against the commerce OF the United
| States, hnt without avail.
| The President, III his message to Congress
in 1916, after stating the efforts made bY
| MeXico 20 induce citizens of other nations tC
accept letters OF narque, says:
| at will be for the courts Of Justice to de-
eide whether these Mexican letters OF marQut
| shall protect those who accept them, anC
commit rObbeTies upon the high seas unGe.
| their authority, from the pains and penalties
OF piracy
| The practice Of nations has uni ifcrmly been
| TO consider the line of dcmarCation between
| privateerlng and piracy very slight, an
| the courts, III accordance with this view, have
| been careful in determining the legitimate
| character OF the cola issi1ns under which
| the privateers claim to act. Ii they DO no
| emanate from source which is clothed with
| authority TO grant them, or fail eihel
| as regards jurisdiction Of completeness
| the acts OF violence committed undcl
| them become piracy, and. as such. the persons
| offending are amenaDie to courts Of Justice.