New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-08-26

render an enactment of severe penalties COM
fort to the public. Congress has full power " to
define and punish piracies and felOnies COM
mitted on the high seas, and offences against
the law of nations" If fanatical agitatOrs are
found able to create alarm by devising new
felonies at sea, Congress may be prompt to
declare appropriate punishments. A punish
ment might well be annexed to the making or
the having in possession of a machine adapted
to blowing up vessel on her voyage, irespec-
tive of proof that it was used or intended to be
used for that end. Such machine can serve
no honest purpose. Or if it can, let him who is
caught while making one or having one in his
charge prove what that honest purpose is.
Meantime the subject is tolerably well covered
by some general provisions. The act of blow
ing up ship at sea is piracy. The popular
idea Of piracy is that plumber is the motive
Plumber usually has been the motive, but it is
not a necessary element. On this point what
Judge Story said in rendering the Supreme
Court decision in the very singular case of the
Maek Adhel is Instructive. That brig, Nunez
captain, sailed in 1910 FROM New York, bound
for CALIFORNIA;; carrying a cannon and ammu.
milton. On her voyage, by the captains ORDERS
shots were fired at no less than five vessels :;
they were compelled to heave to-, to exhibit
their chronometer ratings or their ships papers,
and the like One or two suffered some slight
damage. On board one Captain NUnez found
some passengers whom he knew, and made "a
dinner party for them! But there was no
plundering. What the captains motive may
have been Is notwithstanding to train his
crew gradually for pIratical enterprises per-
haps reckless and wanton abuse Of power.
Insanity would scarcely explain his conduct
De ,,l,, |, \
States law, on charge of piracy, his lawyers
argued that he aid not plumber the vessels
he stopped he was not guilty. The Court,
however said that an intent to plumber is not
necessary. A pirate is anyone who commits
hostilities upon the subjects and property of
any all nations, without any regard to right
or duty, or any pretence of public authority. If
he wifully sinks or destroys an innocent mer-
chant ship without any other object than to
crafty his lawless appetite for mischief, this is
just as mucl, a piratical aggression as if he did
so for the sake of plumber. The law views it
as an act of hostility which, being committed
by vessel not commissioned and engaged in
lawful warfare, is treated as the act OF a pirate
OF one who is emphatically the enemy of the
human race.
The popular idea of piracy is that of prcda-
tory acts done at sea; it scarcely embraces
what may be done by landsmcn. There would
be some difficulty in applying the specific laws
of Congress on the subject to include such acts.
There is, however, n general law which appears
sufficiently comprehensive. 1t is section 1928
| OF the Revised Statutes:
| Every person who knowingly aids abets causes pro-
cures commands or counsels another to commit any
murder robbery other piracy upon the seas Is an
accessory before the fact TO such pracies, and
| shall suffer death.
| Have not the members Of that Third Avenue
convention who united in the proclamation adj
vising the Irish to destroy every vessel floating
the English flag, and to begin the work Will
the English merchant vessels, rendered them.
| selves amcnable to this law, in case any disas.
trous explosions on board such ships should
take place during any short time TO come