Star. — 1802-12-01 (London, England)

VIII. the Court of Admiralty had no authority in the Criminal Law of the country. But Lord Hale, (peaking in the time of Charles 11. remarks, that the crime of piracy was not now triable at common law, nor offences on land triable by the Court of Admiralty. This clearly (hewed his opinion of the feparation of the jurifdietions at that period. By the ancient laws, if a perfon mortally wounded in one county, died in another, the murder could not be tried. This was a ftrong illuftration of the obftinate adherence of the law to local and feudal diftinaions. If fuch was the cafe when the jurifdiEtion in both counties was of the fame nature, and the places only (eparated by a ftream or a bridge, how much more thong mutt not the argument be when the jurifdietions are to. tally of a different nature, and cannot be aflimilated ? With regard to the word procurer in the Aft of Parliament alluded to, he contended, that it meant merely aced :try. Meaning fo in the fir{( Aft, it was not altered by any future ena&ment. Some ftrefs had been laid on the diftinCtion between the power of trial in the Admiralty, and Courts at Common Law. By the Alt of Geo. 11. when the fatal ftroke was given on fhore, and the wounded perfon afterwards dies at fea, the murder is tried at common law. One would naturally expeet that the converfe of this c..fe would hold, and that if a perfon wounded at fea thould die on (bore, the murderer would be tried before the Court of Admiralty. It, however, was not fo. He would not attempt to explain the reafon of this difference. The makers of laws could not take every thing into their confideration. It was not his bufin& to reconcile this anomaly by abftrad philofophic realoning ; he would rather fay.with the Poet, Why has not man a microfcopie eye ? For this plain reafon, man is not a fly.  With regard to the argument, that it could not be the intention of the Legiflature to allow offences of this kind to efcape, he fully admitted its force. He was confident the Legiflature had no fuch intention ; but their Lordfhips would not take that into their view. They muff give their decifion on the fair conaruaion of the face of the ftatute.— They muff abide by the letter of the law. It was to be regretted that A.fts of Parliament had tometimes been brought forward by ignorant men, unacquainted with the laws of their country. He deplored as much as any man that offences of the kind under confederation fhouldbe committed with impunity : but it was for the Legiflature to prevent filch occurrences in future. Their Lordfhips, he was convinced, would decide according to the law, and though he knew that decifion would acquit the Ptifoners, he was confident that it would only imprefs the People of England with a Rill higher refpea for the wifdom of thofe inftitutions, by which their lives and property are proteaed. Inftitutions which have given to their country a longer civilesiftence than ever was enjoyed by any other nation, and which he hoped they would continue to fupport and hand down unimpaired to the Wed pofterity. Mr. Serjeant BEST, Counfellor for M'Farlane, followed, and replied, in a very able Speech, to the arguments of Mr.