New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-02-06

executed che United States OF course they must be
construed the courts OF the United States in conform
ity with the law o. te and ana with especial suborns
contend that the conduct and declarations OF capur
ing marty show coDcusvey that the seizure was on
half Of the Confederate Government then de dcto gov
efDment carrying against the United states In
any fS S to show that the eRarSc tho
capture was such to bring within the risks assumed
by the underwriters There is no evidence tending 10
show a capture by non-cOrnmissoned captors the evi
dence shows only capture by persons VINO at the mo
missoned The plantif has Informed the defendants that
the captors the Confederate state anu ne cannSs
deny the fact This not loss by pirates.
within the meaning of these policies The word prates
may be used to either OF two distinct classes OF
Of nations the s second those required by the municipal
law Of some particular country 70 be aeyudged 70 90
pirates for the purposes OF criminal procedure ma p
ishment These policies use the word pirate ID tnas
simple and ordinary sense in which 1t now IS ana i
% e Rn %opG anS soe
against some municipal criminal law OF some parncsar
the high seas where the common law Of nations prevas
and declares who pirates" The sole oice OF tne'
cedure and punishment in certain cases which are
not piTaeies as II they had been praces;;
procedure or the punishment OF offenders The interpe
taon ana erect Of policies OF belong 70
system OF law existing before these statutes were passed.
and not intended to be affected by them This system 81
tons which defines piracy Policies OF insurance have
a@ags ns princes sy people
and Interpretation which should make risk depend
on the legality OF actual government under whoss
authority the property had been captured seized or de-
tanned, would be unprecedented and dangerous Tue
acts OF the Sumter and Music were not the aets or
pirates" under the law OF nations No authority can be
produced to show that a capture under COMMISSION
Issued by regularly organized dc (dcO government en-
gagged IN open and actual wars 10 cruise against us enemy
and against its enemy only II PIRACY nnaer 's dT Oh "a
OF the at bar the loss arose from sns capture
under such commission issued by snen a,h nor ls
Executive Government Of the United STATES mas W pun
lie proclamatlons and messages 10 Congress- ana IN other
appropriate public documents recognized anu hilnca
the existence OF open and public war; existing betweca
the United Staes and de toco Government OF the SO
respect TO the Government and people OF me oeafea
Confederate States" both sovereign and iluhclp.
rights Under the first they wage war; under the second
they hold all persons, property ana acts SUBJECT 70
nal laws OF Congress. But the existence OF tnet laws
Congress- and the ieeaity OF the acts OF the Coned
States and their people, when tested ny thcn Gun
have bearing the question whether the law OF h
at hesame time insist that they have the bcgerent rights
which by the law OF nations belong to sovereign Wagnk
as known the law OF nations That Is civil war
does not change the rule Of the law 81 nations
those who carry IL Modern writer's aud the set1ed
usage Of civilized States, including the United states ana
the repeated decisions Of their highest court allow 70
each party civil full participation In the rights
OF war and among Others the right to cruise on Tue hgh
against commerce and property OF It's enemy The
fact that IL is civil and rebellion against the law
fl Government Of the United States under commission
TO cruise against me commerce OF te unIsu a s
to indictment for an oiiense against mnid
pal criminal law but the existence Of such an authCryf
from such government prevents those acting under u
from being pirates under the law Of nations The war
ranty by the assured against capture, seizure, aud do
tenOn and the consequences thereof takes the os out
OF the policy Any capture seizure, whether nghtf'h
or WRONGFUL and whether undera commission from
de jure or taco government made by mere pirates.
equally within this warranty. such IS the ptcrpfe
ton OF these words by writer's Of authority But II TINS
be not deemed loss by begerent capture or seizure,
s there has been loss for which the underwriters are
liable The declaration alleges loss by pirates, ana
loss by assang thieves capture by pirates eyen 10
within the warranty against capture seizure and dete
ton. The captors Of the Marshall were not IN any Wow
Of the assang thieves" forcible taking OF the
whole ship and not theft within the meaning
of the policy II the taking In part. as alleged tns
captors would not be- that account assang thieves
pacis teroe as we'll as upon the high The capture
was made for the ruling power OF the country, ana
therefore, il Is loss by assaing thieves. The dis
tinction material in this capture by assam
ing thieves much within the warranty as capture
by pirates The warranty is against all captures aad
is capture seizure whether the actors are tecnnf
cally pirates under the municipal law, or arc
called by some other name apart from all tccHe
meal distinctions and definitions; IL Is clear thae
derwrter the ordinary risk Of piracy TO which AZ
vessels equally exposed which remains SUBSTANTIALLY
the from month TO month but an extraordinary
risk growing from the political condition OF great ma
ton. arising suddenly from the public political acts o.
the ruling power OF great territory affecting only the
vessels of particular nation. Whether the OF the
Music be styled pirates robbers by the criminal statutes
of the United States they not OF that class to whoa
the parties and the policy referred by the term pirates
aud their acts particular OF the class to which
they stipulated that the underwriters should respond
for any captures seizures, detent0ns 10 Is also
tended that there vahd and reasonable abandon
ment.