網頁圖片
PDF
ePub 版

of opinion also, however thisloyal it may appear, that a commission as of Artigas-and then without any it is better for is, that a' laboring American frecnun papers whatsoever, commenced cruizing on their shall live on the fat of the land by the product own account and captured several yessels; after of his industry, than that even the prince regent of which they entered the Chesapeake bay and genie England himself, through the sufferings of thut man, crally dispersed themselves--some of them were may be furnished with one aclditional penny to taken up at Norfolk as pirates and sent to Riche waste in dissipation in Oiaheilean dunecs or beastly mond for trial, before the U. S. circuit court, chief ceceas

justice Marshall presiding. As the case may be important for reference, and also contains many

things of present interest, we copy the whole reBanks and Banking

port of it as given in the “Enquirer.” Bank V. S. The stockholders of the bank of

Piracy - ease of the Irresistible. the United States at Charleston, seem alarıned with

RICAMOXD, JULY 30. a report that an attempt will be made to dismiss The constitution of the United States confers on Mr. Cheves from the presidency of that institution, congress the power “to define and punish piru. and we seen in all the public papers an invitationcies and felonies committed on the high seas, ane! to those who hold stock in it to prepare their prox- offences against the law of nations." -Art. 1, sec. 8. ies to support him! - This is really a singular pro “The Federalist,” (No, 42,) says this power cedure, and inay cause Mr. C. to say, "heaven de "belongs, with equal propriety, to the general gofend me froin my friends!”

vernment: and is a still greater improvement on It is rumoresi that (he president and cashier have the articles of confederation. These articles con"agreeil to disagree," and are on the worst possi- tain no provision for the case of offences againsi se terius; and perhaps, the opposition is expected the law of nations: and consequently leare it in the from str, mith and his friends. As we are now power of any indiscreet member to embroil the conte satisfied that this bank has resolved to mule or federacy with foreign nations. The provision of mein, we have no friendship for either of the par- the federal articles on the subject of piracies and ties among its stockholders and managers.

felonics extend no further than to the establishThe stock of the hank seems to be looking up ment of courts for the trial of those offences. The it is quoted at froin 94 to 95 per cent. in the Phila- definition of piracies might, perhaps, without incon. delphia papers.

veniency, be left to the law of nations: though a leBank of Chillicothe. The Sciota Gazette tells I gislative definition of them is found in most municius, that this bane ever since the spring of 1816, has pal codes." never ceased to redcem its notes with specie-that On the 30th April, 1790, congress passed aan act it has a solici specie capital, &c. We are glad to for the punishment of certain crimes against the hear it-such banks located here and there" are United States," (among others the crime of piracy,) blessings to the country, and the time will arrive the 8th section of which is in these words: when they will become profitable to their stock ". And beit enacted, That if any person or persons holders, if an honest administration of their con- shall commit, upon the high seas, or in any river, cerns is continued.

haven, bason, or bay, out of the jurisdiction of any We appreliend that nine-tenths of the difficul. I particular state, murder or robbery, or any other ties of banks lave arisen fram dishonesty in their offence, which, if committed within the body of a outset, or iniquitous partialities in their operation, county, would by the laws of the United States be by giving to effeminate speculators and visionists punishable with death, or if any captain or mari. the use of large sums, which they could not repay, ner of any ship or other vessel, shall, piratically and and refusing to productive industry the little pit- feloniously run away with such ship or vessel, or tances that it wanted to aid its labors, and which any goods or merchandise, to the value of fifty dolat all times was certain to be refunded from the lars, or yield up such ship or vessel voluntarily to sweat of its brow.

any pirate; or if any seaman shall lay violent hands Gilbert & Dean, brokers of Boston, say there is upon his commander, therchy to hinder and pre22 immense quantity of spurious and counterfeit vent his fighting in defence of his ship or goods bank money in circulation,--and that it is the duty committed to his trust, or shall make a revolt in the of every onc to be on the alert.”

.

ship, every such offender shall be deemed, taken North Carolina. The projected arrangement of and adjudged to be a pirate and felon, and being the North Carolina banks with those of Virginia, to thereof convicted, shall suffer death;. And the trial give to the bills of the former a par value with those of crimes committed on the high seas, or in any of the latter, has failed, owmg to the Carolina banks place out of the jurisdiction of any particular state, having refused to agree to the terms projected. shall be in the district where the offender is apprc

Down they go." A printer to the westward has hended, or into which he may first be brought." bankrupted seven Baltimore banks, with one pen full í At the February term of the supreme court of the of ink! Why didn't he finish the whole of them United States, 1818, however, there came on the ince? It may be right to say that the hanks exist. case of the U. States vs. Palmer et al. certified froin ing in Baltiraore (the City bank being deceased) the circuit court for the Massachusetts district. pay their debts just as well as the bank of the U. Palmer and others, citizens of the United States, Slates does-indeed, with a much greater spirit of had gone upon the high scas, entered and robbed Accommodation than that bank exhibits.

the Industria Raffaelli, a Spanish ship, of various articles. In this case, the question arose, (to use

the language of the chief justice) “whether this Law Intelligence.

act extends farther than to American citizens, or to CREW OF THE IRRESISTIBLE.

persons on board American vessels, or to offences The crew of the Creola, a private armed vessel committed against citizens of the United States? Daving a Buenos Ayrean commission, when lying The constitution baving conferred on congress the in the part of Margaretta, rose upon their officers power of defining and punishing piracy, there can and seized upon another private armed vesssel, ly- be no doubt of the right of the legislature to enact ing in the guine port, called the Irresistible, having laws punishing pirates, although they may be fereigners, and may have committed no particular so. The crew of the Creola said they were going oflence against the United States. The only questo continue the cruise. They did go on a cruise. tion is, has the legislature enacted such a law? do They went off St. Domingo, where they did but the words of the act authorise the courts of the little; but off cape Antonio, in the island of Cuba, union to inflict its penalties on persons who are they met with several vessels. (Q. What colors not citizens of the United States, nor sailing under did you assume? A. No particular ones; sometimes their flag nor offending particularly against them?” one flag, sometimes another; Alags of different na.

The court finally came to the decision, that the tions. Q. Who appointed the officers, and how? crime of robbery, committed by a person on the A. 'They were appointed by the crew of the Creola, high seas, on board of any ship or vessel belonging (but witness could not tell particularly the manner exclusively to subjects of a foreign state, on per of their appointment.) "They brought too à Spa. sons within a vessel belonging also exclusively to nish vessel, off cape Antonio, from whom they took subjects of a foreign state, is not a piracy within the $2300. During all the time of the cruise he was true intent and meaning of the act, osfor the pu- on board of the Irresistible; towards the last of it, nishment of certain crimes against the U. States, he was made master's nate; before which time he and is not punishable in the courts of the United had been before the mast. Q. Did you board a num. States.”

ber of vessels? A. We did. Q. Were they also plunTo supply this omission, a new provision was dered? A. Some of them were. Q. What became deemed to be necessary: and it is understood that of the money found in the Spanish vessel? A. It with this intention the last congress adopted the was shared among all hands. Q. Did yon come in5th section of the fact to protect the commerce of to the waters of the United States? into the Chesatbe United States, and punish the crime of piracy” peake bay? A. We did. Q. What became of the -passed on the 3d of March, 1819. The 5th sec. vessel? A. Commodore Daniels sent down and tion is in these words:

took possession of her. Witness said the crew ,«Arul be it further enacied, That if any person or had abandoned and dispersed. One of the jurypersons whatsoever shall, on the high seas, commitmen.) Was it from apprehension? A. I cannot the crime of piracy, as defined by the law of nations, tell that. Being asked to specify the different and such offender or offenders shall afterwards be flags under which they had sailed, he mentioned brought into, or found in, the United States, every the Spanish, Buenos Ayrean, and English. The such offender or offenders shall, upon conviction Buenos Ayrean flag was flying when she took the thereof, before the circuit court of the United Spanish vessel. States for the district into which he or they may be "On cross exanination, Stanly said, that he had brought, or in which he or they shall be found, be sailed in the Irresistible about 6 or 7 months before punished with death."

she was taken by the crew of the Creola; that she "The case of the Irresistible, which came before had sailed from Baltimore, to make prizes under a a special term of the federal court for this district, commission from gen. Artigas. (Q. Did you not is perhaps the first case which has been argued take vessels under the flag of Buenos Ayres? A. under the act of 1819. The reader will perceive, No. Q. Did you not conceive you liad a right to from the following hasty sketch of the proceedings, take them? A. No.: We could have taken them that a point of some importance has also grown out many a time. · Q. Would you not have taken the of the new act of congress.

Creola, if found out of port? A. No. Q. Wcre you On Monday the hall of the house of delegates not apprized of there being a war between Buenos was filled by a large concourse of spectators. The Ayres and general Artigas? A. I was: We had it in court was opened; the chief justice on the bench.-four power to take Buenos Ayrean privateers from Mr. Stanard, the U. States attorney, appeared on Baltimore, but we did not attempt it. Q. While in the part of the U. States; Messrs. A. Stevenson and the Irresistible, what prizes did you make? A. A W. Wickham, on the part of the prisoners; Messrs. ship and sehooner belonging to the Portuguese.) Gilmer and Bouldin, the two other counsel whom Being interrogated further he stated, that when the the court had added to the defence, being prevent. Irresistible was taken at Margaritta, he was in her od from attending, the first from indisposition, the asleep, and so were her crew; that 50 or 60 of the last by absence.

crew of the Creola had boarded her. (Q. Do you The prisoners (21 in number) had been variously know Poole! A. Yes.' Q. Did you see him that charged in three different indictments; one, (an. night? A. No; not till the morning. They drove der the act of 1819,) was for robbing a Spanish us below, and we had no chance of seeing till morn. vessel; another, under the same act, for robbing aling.) He stated that the Irresistible was the strong. Dutch vessel; the third, under the act of 1790, for est vessel; she mounted 16 guns; the crew of the Crerobbing an American ressel

ola had boarded her with two boats. (Q. Had you Samuel Poole was first put to the bar, under the nó sentinel? A. Yes: but all were gone asleep. Q. first indictment, charged with having piratically How do you know then you were boarded with and feloniously set upon, boarded, broke and en- boats? A. I heard the capt. say so, as well as several tered “a certain Spanish vessel or brig belonging of the people. Q. How many were there in the to certain persons, whose names are, as well as is crew of the Irresistible? A. About 25 or 30. Q. that of the brig, unknown," and robbed her of Spa- Was the prisoner very active? A. He was. Q. nish milled dollars.

Who seemed the leader among them at that time? · The prisoner being arraigned and the jury im- A. Ferguson, who was afterwards appointed capt. prannelled, seven witnesses were sworn in,

Q. Did you observe Black? A. He was 1st lieut.'at Samuel Stanly (a youth of 18,) gave a clear and first, but they broke him.) Being further question. particular statement of the transaction. He stated ed, in a desultory way, he stated that some of the that he had belonged to the armed vessel the Irre- old crew of the Irresistible were not willing to join? sistible; that while she was lying in the port of Mar. that when told they might go ashore, it was too late, garitta, about a mile from shore, about 1 o'clock being as much as fifty miles from and; that in the in the morning, she was cut out by the crew of the course of the cruise, they spoke about 30 or 40 privateer Creola, Such of the crew of the Irresis- vessels, English, French, American, Dutch, Danes; tible as wished to go ashore, were permitted to del that they boarded an American yessel bound to si, Jago; searched her trunks and took jewelry from guese property? A. Yes; but if we saw any specie them. (Q. When you beurded vessels, did you hear it was ours. Q. Had you orders to take money an order to lake Spanish or l'ortuguese property, wherever found? A. Yes~He stated that he was but no others? A. No. Q. But in boarding the Ameri-arrested in Baltimore, and was told he should get can vessel, were orders given to respect American a dollar and a quarter a day while attending uk å property? A. Yes.) Upon being interrogated parti. witness. Cularly, now he came to call the vessel they took, a Johii Donal-was one of the crew of the Creola; Spanish vessel, be said she liad a Spanish flag and shipped at Baltimore under the Buenos Ayrean Spanish crew. (Q. Did you go on board of her? | flag, for a ninety days' cruise; at Margaritta the A. No; but they brought the crew on board of us tovessel was sold; and they hacl none to return home search their vessel. She was bound from Campca- in; and were told that the governor of Margaritta chy to Havana. She had four or five in her crew, meant to press them. Captain Daniels had told besides othcers and passengers; was a very small some of the crew, whom he wishe: to enlist with vessel. Her captain told our captain in French he him in the service of Venezuela, to which he had was a Spaniard.j The witness being interrogated, become attached, that if they did not join him, he said he did not himself understand French or Spa- would have them put into the fort, and fed on bread nish. Soon after he got to Baltimore, the wituess and water. Donald said, when he was asleep below. said he was put in jail, and promises were held out one of the crew of the Creola (who rose upon the ves. to him that he should not be punished, if he gave sel) came down to his birth, and threatened to blow evidence in the case; that lie was taken in the ves out his brains if he did not join them in going against sel in the Patuxent by the Revenue Cutter. His the Irresistible. They went in two boats, and seized share of the money from the prize was $29; as to the latter vessel; secured the men and hoisted sail, the jewelry, it was set up and sold in the vessel, The officers of the Creola were confined during and the proceeds shared out, of which he received the mutioy. Ferguson and Black were the leaders. $7 more. They had also plundered a Dutch ves-Ferguson was proposed on the quarter deck of the sel, from whont they had taken some hampers of Irresistible as captain-no one objected, and he was

in-also one of Petion's schooners, from whom appointed officer. They had boarded a Spanish they took clothes, money, watches, &c, which plun- vessel, with logwood on board, and took from her, der was divided among the crew. Being asked byl(as he understood) $3700 in specie, They boarded a juryman, if they were to take Spanish and Portu- several vessels under the Buenos Ayrean flag: came guese property only, why they robbed the American, across one of Petion's vessels, sent a boat aboard of he replied that they robbed the passengers only other, took out jewelry, (there were several articles jewelry, but did not rob the vessel. Q. Was the of it on the table of the court)--understood that jewelry Spanish or American property? A. I do not this vessel was a pirate and had no papers. They isnow. 'Q. Why did you take gin from the Dutch-ves- paid for the water taken from the American vessel; sel? Was that a Spanish vessel? A. No, but because hut does not know whether they paid for onions ve wanted it.

taken from the Dutchman. (Q. You never thonght Samuel Beaver-was one of the crew of the Irre- of putting a prizemaster on board of any of the sistible when she was seized at Margaritta, in the vessels you saw?-A. No; we would not have inonth of March last; when taken, the boarding disturbed the vessel)-Being cross-examined, said crew loosed her sails, and stood out to sea; hove to there were orders to respect American property. at daylight, and sent those ashore who chose to go and only to take Spanish and Portuguese.

they said at first she was coming home to Balti. John McFadden-was 1st lieutenant on board of inore; but they went a-cruising; she carried the the Creola, when she was seized; gave the particu. Margaritta Hag generally; but when boarding ves: lars of that transaction: on the 24th of March the sels, they used different flagg--they boarded 8 or mutiny took place; they seized all the small arms: 10. Dutch, French, American, 2 Spaniards; one threatened to blow out the brains of the officer on Spanish bris, of Cape Antonio; took from her deck-McF. was below; when he went on deck, he 82300. From the American vessel (the Superior,) found fifty men armed; tried to pacify and quell they took a cask of water and jewelry. The mo. them; they said that they were not going to take ney' they took was shared among the crew; they our brig, but captain Daniels', ours not sailing fast sold the jewelry and divided out the money. When enough; he thought at one moment he should have they arrived in the Chesapeake bay, the crew was quelled the mutiny, but Black told them, they · called together, and divided; those who were for would be strung on the beach and hung like dogs

going out again went to une part of the vessel, the they then sung out, “as we have begun, let us go rest to another; the strongest party was for coming through with it:" they took all the arms from thie in, and the vessel was brought into the Patuxent. Creola; they said all might stay whochose; they wish. Q. Had you oriers to respect particular vessels? A. ed nene but volunteers; only four or five remained No; we boarded one and all. We were prepared to behind; capt. Daniels' other vessel tried to pursue take specie wherever we could find it. Q. What the liresistible next morning, then in sight (about was the station of 1e prisoner in the Irresistible? twenty miles oft) from the mast hearl. A. He was captain of foretop), and master's mate.“ Being further interrogated, said the Creola had : Cross-examined-be stated, that eighteen of the a commission from Buenos Ayres; she was reguarly crew of the Irresistible were set ashore at Marga- commissioned; the crew shipped at Baltimore; cruise ritta; that he'did not try to get ashore, because he was finished at Margaritta. They did not think did not wish to be drowned; the boat being leaky, themselves authorised to take a vessel under the and full of men and clothes; that he was below and Artigas flag: on the contrary, he had known the cirink when the vessel was taken; that capt. Here two flags cruise togetherlír, Slanard-Q. Does

uson had told them at first, he bad a commission; not the coumission expressly restrict you from Dut two days after, he toli them that he had not; s taking South Anerican Spanish property? A. Yesa that after they found there was no commission, it is against the property of the subjects of the king Then they determinest to board (very thing. Q. of Spain. When yoll went on board of a vessel, were you Henry Child had been the first officer of the Ir. per told to take nothing but Spanislı or Porti i resistible---4 below when the Crepla crew cang on boad: he attempted to go up with a cutlass, but their oaths, that piracy had been defined by the law was taken and confined; they told him, as soon as of nations. Why did not congress do their duty in things were arranged, they would give him the the exercise of their constitutional powers, and boat, and let him go ashore. · Word was passed make a rule which might be understood by the illfore and aft for every one who wished to leave the diciary of the country? If they had failed in doing vessel to go in the boat: he and nineteen men left their duty, it was their own look out; but surely no it--the boat was in a leaky condition-much bag-1 jury would take upon themselves to say by their gage in it, but had any more been willing to go verdict the law had been defined when it was not: with him, the baggage would have been thrown or upon such vague, general expressions, take overboard. They overhauled bis and capt Daniels' | the life of a fellow citizen. The counsel, by way of

trunks, for the vessel's commission; but finding analogy, attempted to show that if congress had re: none, Ferguson said he could easily make papers| ferred to other cases as defined by the law of na

for himself. When the Irresistible first arrived|tions, as territorial jurisdiction, the right of search. , at Margaritta, the captain had taken all the papers &c. bow discordant the writers, and how unsettled on shore, to deposite them at the government house. the doctrines are upon these subjects. Men, too,

Captain Paul-was the commander of the Creo- highly distinguished in this country had differed la-was asleep in the cabin when the alarm was upon the definition of piracy. The gentleman (who given; was suffered to go to the upper step of the presided in that court) had in another place in congangway-was tou they did not intend to injure gress) in the case of Jonathan Robbins, declared, his vessel, but to take possession of the Irresistible that not only an actual robbery, but cruising on the

after leaving his vessel, he had fired at them; high seas, without a commission, and with an intent : then went ou board capt, D's other vessel, which to rob, was piracy.--Whereas, now, the U. States' chased them eight hours in vam. Capt. P. being attorney says actual robbery is necessary to constiasked the date of his commission, said the original tute the offence. Reference was also had to the had been sent to Buenos Ayres; but a copy he had constitution by which congress is to define piracics of it bore date in Sept. 1815. It did not justify him and felonies committed on the high seas, and of in taking any but Spanish property.

fences against the law of nations, to show, that the Capt. Daniels-was the commander of the Irre former are distinguished from the latter, as if not sistible-after the alarm was given, he was ordered ranked among the coffences against the law of na

he governor to pursue her, but to no purpose; tions.”—The evidence was then analysed, and her boat returned ashore with twenty officers and commented on-It was the tostimony of accom men. The Irresistible had been engaged by the plices (always suspicious) and here bro't from the governor to sail to Venezuela in two days. duresse of a jail, taking its color from the hopes

,: and fears of the witnesses. It was attempted to be The evidence being gone through, the court di

proven that they had contradicted themselves, and rected the jury to be kept together, and adjourned each other-that there was no satisfactory evitill next morning.

dence of this being a Spanish vessel as charged in On Tuesday morning the argument commenced the indictment: That this act of congress was pas. and we are sorry we cannot pursue it in detail. sed but ten days before they left Margaritta: thegi There were both eloquence and ingenuity display. could not have known of it; and therefore it is as to ed on the occasion-- Mr. Stanard addressed the them in the light of an ex post facto law,&c. &c. A jury about an hour-on the part of the prisoner, particular and pathetic appeal was made in favor Mr. Wickham spoke about half an hour, and Mr. of Poole, who had served gallantly in the navy af Stevenson about an hour.-Mr. 'Stanard closed on his country during the late war. the part of the U. States.

| Mr. Stanard replied to both gentlemen at consiThe counsel on the part of the United States laid derable length. He denied the vagueness which down the law, and analysed the evidence--he cal. was ascribed to the law of nations on the subject led upon the jury, among other things, to lend their of piracy, and the other points touched upon. He aid in putting down that system of brigandage, supported the authority of Bynkershoeck. Vatte! which was tarnishing the reputation of our coun- B. I, ch. 19, bad denounced "all villians who, by try, and demoralizing our scamen. He cited the the quality and Isabitual frequency of their crimes, following passagefrom Bynkershoeck, to shew what violate all public security, and declare themselves i was piracy as defined by the laws of nations: enemies of the human race. 7 hus pirates are

"We call pirates and plunderers those, who, with brought to the gibbet by the first into whose hands out the authorization of any sovereign, commit de- they fall!", Blackstone, the Vade Mecum of all predations by sea or land, &c. &c.

lawyers, says, "A pirate is an enemy of the human The counsel on the other side, contended that iace." Even if writers on the law of nations had the words of the act af congress were too vague adopted different definitions of piracy, wliere was and loose to authorise the jury to dip their hands the definition of it that would not embrace tice in the blood of a fellow citizen; that piracy was a case of these men--whose lawless depredations general term, not clearly nor sufficiently defined in came up to any definition of it which had ever been the law of nations; that the great fathers of the given? "After developing this idea with great force, church, to whom you would look for a definition, and ridiculing the pretepsion, that had been susgave no satisfaction upon it.. What says Grotius? gested, that these inci had the right, under the Not one syllable. Puffendorf? Profoundly silent. commission belonging to the Irresistible, lo capWhat Barbeyrac? Domat? Rutherford? Montes- ture Spanish property, he returned to the analysis quieu? Wolfius? Valtel? Not a solitary word, by of the testimony; he showed why the testimony ct way of definition: and the reason was, that it had accomplices siould be received, otherwise the mos been left to the municipal laws of different coun. atrocioris offences might escape with impunity, lic tries to define it, and therefore the law of n:.- concluded by a strong appeal to the jury in favor o fiors had not. We have only thie definition of one die laws that the honor of 0111 country required Dutchman, Bynkershoeck, and even with that, lis that the law should be putin force, against lyrigands commentator, Du Ponceau, had expressed his dis vlio not only sailie? :rom its waters, io collect biarpatisfaction. And ret, lic juo; reicio say therder, butromed them as thr

!

tition, and as a sanctuary where they expected to Phillips, James Thomas alias James West, Diniet escape the punishment of their crimes.

Livingston, Luke Jackson, Stepen Sydney, Peter Charge of the court.

Nelson, Isaac Sales, and Peter Johnson, were in the The court then charged the jury in substance, that month of March, 1819, part of the crew of a private the prisoner at the bar was indicted for cruising on arined vessel called the Creola (commissioned by the high seas without any commission, and boarding theigovernment of Buenos Ayres, a colony then at and plundering a Spanish vessel or vessels belong-war with Spain,) lying in the port of Margaritta; ing to some power to the jurors unknown, and pi. that in the month of March, 1819, the said prisoners ratically taking out of such vessel a sum of money, and others of the orew mutined, confined their ofwhich the crew divided among themselves. The ficers, left the vessel, and in the said port of Margaessential objects of enquiry were, whether the pri. ritta seized by violence a vessel called the Irresisti soner at the bar was engaged in such cruise without ble,a private armed vessel lying in that port,commis. a commission, whether the robbery charged in the sioned by the government of Artigas, who was also indictment was committed by him and others $0 at war with Spain; that the said prisoners and cruising as aforesaid, and whether the fact amount others having 80 possessed themselves of the said vesed to piracy under the act of congress.

sel, the Irresistible, appointed their officers, proThe fact of cruising and plundering the Spanish ceeded to sea on a cruise, without any documents vessel was proved by the testimony of accomplices, or commission whatever, and while on that cruise, and it was contended by the counsel für the prison in the month of April, 1819, on the high seas, comer that they were totally unworthy of credit. mitted the offence charged in the indictment, by the

It is undoubtedly true that the testimony of ac-plunder and robbery of the Spanish vessel therein complices is to be heard with suspicion; and if their mentioned. If the plunder and robbery aforesaid testimony should be improbable or contradicted by be piracy under the act of the congress of the Unite circumstances, or by other testimony, the jury ed States, entitled "an act to protect the commerce might justifiably discredit it: but if all the circum- of the United States and punish the crime of piracy" stances of tlie case, circumstances which could not then we find the said prisoners, severally and rebe mistaken or misrepresented, corroborated the spectively, guilty; if the plunder and robbery abore testimony of the accomplice, and in fact were mere stated be not piracy under the act of congress, then ly connected by that testimony, it would be going we find them not guilty. too far to say that the facts supplied by the witness

JOUNG. GAMBLE, Foreman. were to be disregarded because he was an accom The court then adjourned. plice. But in this case one of the witnesses --Don. ald, had been acquitted by the grand jury, because Wednesday-John Green was put to the bar under he was forced on board the vessel, and his testimo- the 1st indictment. The defence set up for him was ny concurred with that of the other witnesses in all that he had been forced to join the enterprize, and that was material.

did not assent to the proceedings of the others, If the robbery was committed, their next enquiry The defence failed, and the same special verdict would be, whether tlre vessel committing it, sailed given as in the case of the ten others, under a lawful commission.

Same defence and result in the case of Thorne There was not only no testimony whatever of a Smith. commission, but all the facts given in evidence Henry Anty, alias Henry Andris, and John Fuller, were totally incompatible with the idea of sailing were put to the bar-same defence, and same spe. under any authority whatever. The crew of one cialverdict. vessel had mutinied, seized another vessel, and John Allen Stedman and John Wildon, were tried proceeded on a cruise under officers elected by at once,under the 2dindictment for robbing a Dutch themselves.

vessel. Neither'of them belonged to the crews of The question whether the case came within the the Creola or Irresistible; but were part of the act of congress was one of more difficulty. It was crew of the Atlas, an American vessel, they spoke impossible that the act could apply to any case if at sea, bound from 'Teneriffe to New Orleans. They not to this. The case was undoubtedly piracy ac- joined the Irresistible. The defence set up, was cording to the understanding and practice of all na- that they were ignorant of the character of the res. tions. It was a case in which all nations surrender-sel when they joined her. Verdict of acquittal. ed their subjects to the punishment which any go-l(These men were not indicted for robbing the Spa. vernment mightinflict upon them, and one in which nish vessel which was posterior to their joining.) all admitted the right of each to take and exercise. Thomas Watson put to the bar under the 16t'in. jurisdiction. Yet the standard referred to by the dictment-he came out ofa Danish barque or Dutch act of congress, as expressed in that act, must be ad. brig-no vessel proved to be robbed after ho mitted, to be so vague as to allow of some doubt. joined them-Acquitted. The writers on the law of nations give usno defini- Francis Oglesby, charged under the first indict. tion of the crime of piracy. Under the doubts aris-ment, was one of the Irresistible--the defence was, ing from this circumstance, the court recommend he couid not safcly leave her after she was cap. ed it to the jury to find a special verdict which tured. A special verdict (with few variations) mighi susmit the law to the more deliberate consi- similar to the rest. deration of the court.

The court adjourned. The jury retired but for a few moments, and

Last class of cases. brought in a special verdict, similar to the one wliich Yesterday, the court proceeded to try William we have given in full, below.

Clrappels, charged under the third indictment with A jury was then impannelled, and the case of ten robbing an American vessel (the Superior, of Baltiothers of the crew (charged in the same indict. more.) This indictment, as will appear from the ment) was, with their consent, submitted at once to former elucidations, rests not upon the act of 1819, trial; the evidence gone through, and the jury re- but of 1790. The first relates to foreign vessels; turned the following special verdict:

· the last, by the decision of the supreme court, to We, of the jury, find that the prisoners, Baily lour own. Delèy, Wm. Chappels alias Wm. Chappel, Daniell Mr. Starrard on behalf of the United States Or

« 上一頁繼續 »