Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1880-04-02

'''I iIAI ~ fiCuLIf On THE STEAMBOAT
lion. ho6ert w; Hughes, Judge of the Dlsyric
touEt, Tor the Eastern District Of Virgi1is, ar
rived 10 ths city at 100 o'clock to div from
Richmond, and at , o'clock, Robert BslspveI
and George NoWlsud, confiocd in i,l an the
charge OF piracy. for trial before the Surname
Court q the District of Columbia, wero bronobt
before hm 90 writ Of bab2as corpus, 10 charge
OF Cay Sergeant Lucas.
Jaiee Westcl W. Wiougbby, and Dis!ric.
Attorney II Il. Lewis, represented the Govern.
mcnt and judge Charles +. Stuart, Cant. +
|. Smith, Messrs. S. &. Brcnt and Ejmnnd
Borkc, appeared fer the accused.
Elmund Burke stated the proceedings which
had been taken before the Commissioner and
upon the petition for the writ of habeas c,-nns
Gcd argued that as the warrant CHARGED the
CtEhtco 10 have hccn committed in the District
OF Columbia and upon the Potomsc river be-
t8eeo Washington AID Alexandria cities, the
AVS Ct the n'tcd Stuics coLcernlng piracy did
n2t govera within that Jurisdiction. Either the
aTs CT the District or Of Virgoia x.euded there
aoi !! aDy otfense hed been committed it was
ag.jrs: 'hosc Laws. But 10 poio1 Of fac, no
of ns3 had been done or any law violated. Tn,
de'eudanta Vtre Rrll'leSs Of the ciFense sought
10 be imputed TO them and were anxious and
wiling 10 mcct and woUid fcarIcssly ipvoks the
met under the ia:m5 q! law 10 clurt of iustic.
Tie asked that the prayer Of the petiton r. be
granted aud tho accused discharged.
District Attorney Lewis said thct tie onIV
question IN tho case was that OF Jurisdiction, god
argued against the molion TO Discharge The ac-
cl22i. lie proceeded TO show that there Was
10 coDliict between The section, 1910, upou
which The Wsrfant Tor the arrust o! tho men
vas based, and that OF 5312, aud said that the
Cia1sc was Got committed within TIE bounds
Of any county.
Judge Hughes ;hen said that he lad care-
fully examined the law en- tho sutiecs. and
thought that counsel could say nothing that
you'd cnauro bis sisHs He then read the
lJI}Ting opinion:
The prisoners arc 10 Jail On charge Of
piracy, alleged 10 have been committed 90 one
Of The ferry boats plying between WASHINGTON
nnl ,'e7lntTis. on the Potomac river, en- tide
"atCr TIC CiFense charged is the tskiog with
0yiebc, certain property from passenger on
rh" steamer. Tie arrest is based u2o1 section
$3.50 Of thn Revised Statutes of the United
S.atc2 which makes robbery or murder in or
unon q Iese | ca tide waters piracy. aud fixes
upon such c:lue the penalty Of DEATH The
IIs}HrT' arc oommlttod TO i'll here to
aG&it Indictment 10 the Distli.t Of Colombia.
Piracy vas originally "a offJnso known ouy t.,
The admiralty and International law. Murder
rohhery or depreciation, committed 10 a gonral
spItIt OF hostility to mankind 90 the high
seas, was called piracy. 1t was coguzablo onIy
ty the Admiralty courts; bat rs pirates Glen to-
tested hnGcns. bays. rivers and lnIcts, and COIN.
united Ike oIlenscs there, il became Eccatsary
Tor the nation whose Jurisdiction was thus 10.
tested 2ni violated, to declare simisr acts,
tnonah committed on waters other than tho
hlgh secs, to he piracy, and to make il cosniza,
Aeby the local criminal courts. Ia this Way
arose the statutory crime Of piracy
The Constitution OF the Uutcd States gives
to Congress power to establish admiralty courts,
ADD TO prescribe their jurisdiction. Congress
has ty2rclscd this power oply to the x.cut OF
e'ni'Ftng upon the admiralty courts iursjio-
il0D 10 civil causes arising upon conrrc; md
loTt. But II has given the admiralty courts
20 crimloal lnrISdicICn, Tor the reason that
Inc constitution guara necs Jury trial in crimi.
"a Prosecutions. md j1rIes are unknown TO the
admiralty law. COnRre's has vested criminal
4;lsfio'l0n IN the circnit and district counts of
the LATED States. sitting az courts Of common
aB. |. hns conferred upon those courts the
2gc2lnco OF c7lmCs committed on American
vessels 90 the tho high seas, and of crimes
committed 90 vessels within tho haveps, BAYS,
AID rivers att.ctcd by the tdes--statutory
INacY bang amODg tho crimes OF which c,gLiu
za0ce u thus given to the Federal courts But
Is the crimes act Ct 1890 this jurisdiction over
ran crimes committed Withlu the tiiewater
tasiS' bags, rivers, &c, was conferred by sec
Uj0 which limited il to such crimes as are com.
lttd "oW Of III" Jurisdiction Of any pnrticu.
jr NJt.' The crImloa jurisdiction of the
';lic' IS exercised by local courts whose poTers
3 oct extend beyond the b1d7 of tho counties
a. G'NclgC.y But the body Of tie county hos
g a'aYs been he'd 10 embrace all waters that lie
II WILD the tduCCS terri that Is TO say, Witlio
"a mes supposed 20 be drawn from oao utmost
81 F.'It Oh aud TO ao0ther utmost point. Over
81 '.;h wattTs OF course. the Jurisdiction of the
q Sat's Of TIE c)uuties-thst IS to say, the iurs.
81 -! I)u Of the States. extends. And, therefore,
"a V.u'frsS, IN eielrg jurisdiction TO the uatiopa
RI %lfts over c,rtsio crimes committed 10 bays,
"a N2I>, a!eia. &C., affected by tides, as has bee q
81 "e', IN order 10 avoid 6 cottlct of iuisdc
il mr. snG also for the reason that il was un
# -e::aiy to rroVije for the trial of crimes sl-
81 "''! coSLiz'b!e b. competent courts, gave ju
"A -V.'9c 10 the federal coufts over such Ct these
a "'4es oby IS sh.uid be committed 10 waters
1S'e d the Jurisdiction OF tho States, outside
a "'" 'erf'r, outside the bodies of 2unlies.
"A "Ae"'He 10 the crimes get OF 1920. the
ID ~ '!a Hi.ch relates to piracy, and ffotn which
M
n ,,;"oR Gus, w Provided that Do.hipg
-"s >ecAon contained shall be Construed to
r'". 10y ;arlicaIar Safe Of its Jurisdiction
M ~. 'Us0 Cists2s when committed within the
# .,. 49,, " cu9iy." &c. 10 construiog this
M 'Sc The Nn'f"d States Supscme Court,
H., "% case OF 'jacInlaU !. Black Asa, bed
=, vac SPECIAL verdict which vas found
# ~. lsliHcent 10 warrant q judgment
, ni1'ed upon it, because it tailed TO
.:s,s sI';oet the C!tcnsc was Committed CUT
Ell L. t,E .DG iaIISGiciicn OF New York. beyond
IN And ;H ~ m ,Ne land OF the adjacent county.
# .'.1 NJ Bishop, the best writer on criminal
.n;, SlslSs that within tho Counties, tie
.,9 o. the State aud tie common law
I''n {! their courts are, prac icay,
8 :Yi,,., "etusivc as if Congress had no con.
h.. "''' authority in exceptional Realities
# a.nr 'I>,so, ftqnIring that the piracy shall