of opinion also, however disloyal it may appear, that it is better for us, that a laboring American freeman shall live on the fat of the land by the product of his industry, than that even the prince regent of England himself, through the sufferings of that man, may be furnished with one additional penny to waste in dissipation-in Otaheitean dances or beastly

excess.

Banks and Banking,

a commission as of Artigas-and then without any papers whatsoever, commenced cruizing on their own account and captured several véssels; after which they entered the Chesapeake bay and generally dispersed themselves-some of them were taken up at Norfolk as pirates and sent to Richmond for trial, before the U. S. circuit court, chief justice Marshall presiding. As the case may be important for reference, and also contains many things of present interest, we copy the whole report of it as given in the "Enquirer."

Piracy-case of the Irresistible.

Bank U. S. The stockholders of the bank of the United States at Charleston, seem alarmed with RICHMOND, 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 pira and we seen in all the public papers an invitation cies and felonies committed on the high seas, and 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 may cause Mr. C. to say, "heaven de- "belongs, with equal propriety, to the general gofend me from my friends!" vernment: and is a still greater improvement on It is rumored that the president and cashier have the articles of confederation. These articles conagreed to disagree," and are on the worst possi-tain no provision for the case of offences against ble terus; and perhaps, the opposition is expected the law of nations: and consequently leave it in the from Mr, mith and his friends. As we are now power of any indiscreet member to embroil the consatisfied that this bank has resolved to "rule or federacy with foreign nations. The provision of ruin," we have no friendship for either of the par- the federal articles on the subject of piracies and ties among its stockholders and managers. felonies extend no further than to the establish

The 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 incondelphia papers. veniency, be left to the law of nations: though a legislative definition of them is found in most municipal codes."

Bank of Chillicothe. The Sciota Gazette tells us, that this bank ever since the spring of 1816, has never ceased to redeem its notes with specie-that it has a solid specie capital, &c. We are glad to hear it-such banks located here and there" are blessings to the country, and the time will arrive when they will become profitable to their stockholders, if an honest administration of their concerns is continued.

Gilbert & Dean, brokers of Boston, say there is an immense quantity of spurious and counterfeit bank money in circulation,and that "it is the duty of every one to be on the alert."

On the 30th April, 1790, congress passed "an act for the punishment of certain crimes against the United States," (among others the crime of piracy,) the 8th section of which is in these words:

"And be it enacted, That if any person or persons shall commit, upon the high seas, or in any river, haven, bason, or bay, out of the jurisdiction of any We apprehend that nine-tenths of the difficul-particular state, murder or robbery, or any other ties of banks have arisen from 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 marithe 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 upon his commander, thereby to hinder and prevent his fighting in defence of his ship or goods committed to his trust, or shall make a revolt in the 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, owing 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 appre "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 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 once? It may be right to say that the banks exist-case of the U. States us. Palmer et al. certified from ing in Baltimore [the City bank being deceased] pay their debts just as well as the bank of the U. States does indeed, with a much greater spirit of accommodation than that bank exhibits.

Law Intelligence.

the circuit court for the Massachusetts district. Palmer and others, citizens of the United States, had gone upon the high seas, entered and robbed 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 act extends farther than to American citizens, or to persons on board American vessels, or to offences The crew of the Creola, a private armed vessel committed against citizens of the United States? having a Buenos Ayrean commission, when lying The constitution having conferred on congress the in the port 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 quine port, called the Irresistible, having laws punishing pirates, although they may be fe

CREW OF THE IRRESISTIBLE.

reigners, and may have committed no particular so. The crew of the Creola said they were going offence against the United States. The only ques-to continue the cruise. They did go on a cruise. tion is, has the legislature enacted such a law? do the words of the act authorise the courts of the union to inflict its penalties on persons who are not citizens of the United States, nor sailing under their flag nor offending particularly against them?" The court finally came to the decision, that "the crime of robbery, committed by a person on the high seas, on board of any ship or vessel belonging exclusively to subjects of a foreign state, on persons within a vessel belonging also exclusively to subjects of a foreign state, is not a piracy within the true intent and meaning of the act, "for the punishment of certain crimes against the U. States, and is not punishable in the courts of the United States."

They went off St. Domingo, where they did but little; but off cape Antonio, in the island of Cuba, they met with several vessels. (Q. What colors did you assume? A. No particular ones; sometimes one flag, sometimes another; flags of different nations. Q. Who appointed the officers, and how? A. They were appointed by the crew of the Creola, (but witness could not tell particularly the manner of their appointment.) They brought too a Spanish vessel, off cape Antonio, from whom they took $2300. During all the time of the cruise he was on board of the Irresistible; towards the last of it, he was made master's mate; before which time he had been before the mast. Q. Did you board a num 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 you come in5th section of the act to protect the commerce of to the waters of the United States? into the Chesathe 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

"And be it further enacted, 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 brought, or in which he or they shall be found, be punished with death."

The case of the Irresistible, which came before a special term of the federal court for this district, is perhaps the first case which has been argued under the act of 1819. The reader will perceive, from the following hasty sketch of the proceedings, that a point of some importance has also grown out of the new act of congress.

On cross examination, Stanly said, that he had sailed in the Irresistible about 6 or 7 months before she was taken by the crew of the Creola; that she had sailed from Baltimore, to make prizes under a commission from gen. Artigas. (Q. Did you not take vessels under the flag of Buenos Ayres? A. No. Q. Did you not conceive you had a right to take them? A. No. We could have taken them many a time. Q. Would you not have taken the Creola, if found out of port? A. No. Q. Were 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.-our 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 schooner 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 ed 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, (un-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 mornvessel; another, under the same act, for robbing a ing.) He stated that the Irresistible was the strongDutch vessel; the third, under the act of 1790, for est vessel; she mounted 16 guns; the crew of the Crerobbing an American vessel, ola had boarded her with two boats. (Q. Had you Samuel Poole was first put to the bar, under the no 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 to certain persons, whose names are, as well as is that of the brig, unknown," and robbed her of Spanish milled dollars.

The prisoner being arraigned and the jury impannelled, seven witnesses were sworn in,

of the people. Q. How many were there in the crew of the Irresistible? A. About 25 or 30. Q. Was the prisoner very active? A. He was. Q, Who seemed the leader among them at that time? A. Ferguson, who was afterwards appointed capt. 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 questionparticular statement of the transaction. He stateded, 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 land; 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 do that they boarded an American vessel bound to St.

Jago; searched her trunks and took jewelry from guese property? A. Yes; but if we saw any specie them. (Q. When you boarded vessels, did you hear it was ours. Q. Had you orders to take money an order to take Spanish or Portuguese 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 as a property? A. Yes.) Upon being interrogated parti- witness. cularly, how he came to call the vessel they took, a Spanish vessel, he said she had a Spanish flag and Spanish crew, (Q. Did you go on board of her? A. No; but they brought the crew on board of us to search their vessel. She was bound from Campeachy to Havana. She had four or five in her crew, besides officers and passengers; was a very smail vessel. Her captain told our captain in French he was a Spaniard. The witness being interrogated, said he did not himself understand French or Spanish. Soon after he got to Baltimore, the witness said he was put in jail, and promises were held out to him that he should not be punished, if he gave evidence in the case: that he 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 share of the money from the prize was 29; as to the jewelry, it was set up and sold in the vessel, and the proceeds shared out, of which he received $7 more. They had also plundered a Dutch vessel, from whom they had taken some hampers of gin-also one of Petion's schooners, from whom they took clothes, money, watches, &c. which plunder was divided among the crew. Being asked by a juryman, if they were to take Spanish and Portuguese property only, why they robbed the American, he replied that they robbed the passengers only of jewelry, but did not rob the vessel. Q. Was the jewelry Spanish or American property? A. I do not know. Q. Why did you take gin from the Dutch-vessel? Was that a Spanish vessel? A. No, but because we wanted it.

John Donald-was one of the crew of the Creola; shipped at Baltimore under the Buenos Ayrean flag, for a ninety days' cruise; at Margaritta the vessel was sold; and they had none to return home in; and were told that the governor of Margaritta meant to press them. Captain Daniels had told some of the crew, whom he wished to enlist with him in the service of Venezuela, to which he had become attached, that if they did not join him, he would have them put into the fort, and fed on bread and water. Donald said, when he was asleep below, one of the crew of the Creola (who rose upon the vessel) came down to his birth, and threatened to blow the Irresistible. They went in two boats, and seized the latter vessel; secured the men and hoisted sail. The officers of the Creola were confined during the mutiny. Ferguson and Black were the leaders. Ferguson was proposed on the quarter deck of the Irresistible as captain-no one objected, and he was appointed officer. They had boarded a Spanish vessel, with logwood on board, and took from her, (as he understood) $3700 in specie. They boarded several vessels under the Buenos Ayrean flag; came across one of Petion's vessels, sent a boat aboard of her, took out jewelry, [there were several articles of it on the table of the court]-understood that this vessel was a pirate and had no papers. They paid for the water taken from the American vessel; but does not know whether they paid for onions taken from the Dutchman. (Q. You never thought of putting a prizemaster on board of any of the vessels you saw?-A. No; we would not have disturbed the vessel)-Being cross-examined, said there were orders to respect American property, and only to take Spanish and Portuguese.

Samuel Beaver-was one of the crew of the Irresistible when she was seized at Margaritta, in the month of March last; when taken, the boarding crew loosed her sails, and stood out to sea; hove to at daylight, and sent those ashore who chose to go -they said at first she was coming home to Balti- John McFadden-was 1st lieutenant on board of more; but they went a-cruising; she carried the the Creola, when she was seized; gave the particu Margaritta ag generally; but when boarding ves-lars of that transaction: on the 24th of March the sels, they used different flags-they boarded 8 or mutiny took place; they seized all the small arms; 10, Dutch, French, American, 2 Spaniards; one a threatened to blow out the brains of the officer on Spanish brig, oft Cape Antonio; took from her $2300. From the American vessel (the Superior,) they took a cask of water and jewelry. The money they took was shared among the crew; they sold the jewelry and divided out the money. When they arrived in the Chesapeake bay, the crew was called together, and divided; those who were for going out again went to one part of the vessel, the rest to another; the strongest party was for coming in, and the vessel was brought into the Patuxent. Q. Had you orders to respect particular vessels? A. No; we boarded one and all. We were prepared to take specie wherever we could find it. Q. What was the station of the prisoner in the Irresistible? A. He was captain of foretop, and master's mate.

deck-McF. was below; when he went on deck, he found fifty men armed; tried to pacify and quell them; they said that they were not going to take our brig, but captain Daniels', ours not sailing fast enough; he thought at one moment he should have quelled the mutiny, but Black told them, they, would be strung on the beach and hung like dogs, they then sung out, as we have begun, let us go. through with it:" they took all the arms from the Creola; they said all might stay who chose; they wished none but volunteers; only four or five remained behind; capt. Daniels' other vessel tried to pursue the Irresistible next morning, then in sight (about twenty miles off') from the mast head.

Being further interrogated, said the Creola had a commission from Buenos Ayres; she was regularly commissioned; the crew shipped at Baltimore; cruise was finished at Margaritta. They did not think themselves authorised to take a vessel under the Artigas flag; on the contrary, he had known the two flags cruise together-Mr. Stanard—Q. Does not the commission expressly restrict you from taking South American Spanish property? A. Yes. it is against the property of the subjects of the king

Cross-examined-be stated, that eighteen of the crew of the Irresistible were set ashore at Margaritta; that he did not try to get ashore, because he did not wish to be drowned; the boat being leaky, and full of men and clothes; that he was below and drunk when the vessel was taken; that capt. Ferguson had told them at first, he had a commission; but two days after, he told them that he had not; that after they found there was no commission, then they determined to board every thing. Q. of Spain. When you went on board of a vessel, were you Henry Child--had been the first officer of the Ir er told to take nothing but Spanish or Portu- I resiștible-- was below when the Crepla crew cane

on board; 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 jufore 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- 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 his and capt Daniels' the life of a fellow citizen.-The counsel, by way or trunks, for the vessel's commission; but finding analogy, attempted to show that if congress had renone, Ferguson said he could easily make papers ferred to other cases as defined by the law of nafor himself. When the Irresistible first arrived tions, as territorial jurisdiction, the right of search, at Margaritta, the captain had taken all the papers &c. how 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-wasted 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 on board capt. D's other vessel, which to rob, was piracy.-Whereas, now, the U. States' chased them eight hours in vain. 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 piracies of it bore date in Sept. 1815. It did not justify him and felonies committed on the high seas, an of in taking any but Spanish property. fences against the law of nations, to show, that the former are distinguished from the latter, as if not ranked among the "offences against the law of nations."-The evidence was then analysed, and commented on-It was the testimony of accom plices (always suspicious) and here bro't from the duresse of a jail, taking its color from the hopes and fears of the witnesses. It was attempted to be proven that they had contradicted themselves, and each other-that there was no satisfactory evidence of this being a Spanish vessel as charged in the indictment: That this act of congress was passed but ten days before they left Margaritta: they could not have known of it; and therefore it is as to them in the light of an ex post fucto law, &c. &c. particular and pathetic appeal was made in favor of Poole, who had served gallantly in the navy of his country during the late war.

Capt. Daniels-was the commander of the Irre sistible-after the alarm was given, he was ordered by the governor to pursue her, but to no purpose; her boat returned ashore with twenty officers and men. The Irresistible had been engaged by the governor to sail to Venezuela in two days.

The evidence being gone through, the court directed the jury to be kept together, and adjourned till next morning.

On Tuesday morning the argument commenced and we are sorry we cannot pursue it in detail. There were both eloquence and ingenuity displayed on the occasion--Mr. Stanard addressed the jury about an hour-on the part of the prisoner, Mr. Wickham spoke about half an hour, and Mr. Stevenson about an hour.-Mr. Stanard closed on the part of the U. States.

The counsel on the part of the United States laid down the law, and analysed the evidence-he called upon the jury, among other things, to lend their aid in putting down that system of brigandage, which was tarnishing the reputation of our country, and demoralizing our scamen. He cited the following passage from Bynkershoeck, to shew what was piracy as defined by the laws of nations:

"We call pirates and plunderers those, who, without the authorization of any sovereign, commit depredations by sea or land," &c. &c.

A

Mr. Stanard replied to both gentlemen at considerable length. He denied the vagueness which was ascribed to the law of nations on the subject. of piracy, and the other points touched upon. He supported the authority of Bynkershoeck. Vattel, B. I, ch. 19, had denounced "all villians who, by the quality and habitual frequency of their crimes, violate all public security, and declare themselves enemies of the human race. Thus pirates are brought to the gibbet by the first into whose hands they fall!" Blackstone, the Vade Mecum of all lawyers, says, "A pirate is an enemy of the human The counsel on the other side, contended that 1ace." Even if writers on the law of nations had the words of the act of congress were too vague adopted different definitions of piracy, where was and loose to authorise the jury to dip their hands the definition of it that would not embrace the 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 pretension, that had been suggave no satisfaction upon it.. What says Grotius?gested, that these men had the right, under the Not one syllable. Puffendorf? Profoundly silent. commission belonging to the Irresistible, to capWhat Barbeyrac? Domat? Rutherford? Montes- ture Spanish property, he returned to the analysis quieu? Wolfius? Vattel? Not a solitary word, by of the testimony; he showed why the testimony of way of definition: and the reason was, that it had accomplices should be received, otherwise the mo been left to the municipal laws of different coun- atrocious offences might escape with impunity. Ite tries to define it, and therefore the law of na-concluded by a strong appeal to the jury in favor of tions had not. We have only the definition of one the law-that the honor of our country required Dutchman, Bynkershoeck, and even with that, his that the law should be put in force, against brigands commentator, Du Ponceau, had expressed his dis- who not only sallied from its waters, to collect pinatisfaction. And yet, the jury were to say tperder, but returned to them as the serne for las pare

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

Charge of the court.

Livingston, Luke Jackson, Stepen Sydney, Peter 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 armed vessel called the Creola (commissioned by the high seas without any commission, and boarding the government 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 sad 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 Marga essential 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 a commission, whether the robbery charged in the indictment was committed by him and others so cruising as aforesaid, and whether the fact amounted to piracy under the act of congress.

ble,a private armed vessel lying in that port,commissioned by the government of Artigas, who was also at war with Spain; that the said prisoners and others having so possessed themselves of the said vessel, 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 for 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 Unitcircumstances, 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 the 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 above. 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 were to be disregarded because he was an accomplice. But in this case one of the witnesses --Donald, had been acquitted by the grand jury, because he was forced on board the vessel, and his testimony concurred with that of the other witnesses in all that was material.

If the robbery was committed, their next enquiry would be, whether the vessel committing it, sailed under a lawful commission.

There was not only no testimony whatever of a commission, but all the facts given in evidence were totally incompatible with the idea of sailing under any authority whatever. The crew of one vessel had mutinied, seized another vessel, and proceeded on a cruise under officers elected by themselves.

JOHN G. CAMBLE, Foreman. The court then adjourned.

Wednesday-John Green was put to the bar under the 1st indictment. The defence set up for him was, that he had been forced to join the enterprize, and did not assent to the proceedings of the others. The defence failed, and the same special verdict given as in the case of the ten others,

Same defence and result in the case of Thomas Smith.

Henry Anry, alias Henry Andris, and John Fuller, were put to the bar-same defence, and same special verdict.

John Allen Stedman and John Waldon, were tried at once,under the 2d indictment for robbing a Dutch 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 vestions. 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- (These men were not indicted for robbing the Spavernment might inflict upon them, and one in whichnish vessel which was posterior to their joining.) all admitted the right of each to take and exercise jurisdiction. Yet the standard referred to by the act of congress, as expressed in that act, must be admitted, to be so vague as to allow of some doubt. The writers on the law of nations give us no 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 could not safely leave her after she was caped it to the jury to find a special verdict which tured. A special verdict (with few variations) might submit the law to the more deliberate consi- similar to the rest. deration of the court.

The jury retired but for a few moments, and brought in a special verdict, similar to the one which we have given in full, below.

Thomas Watson put to the bar under the 1st indictment-he came out of a Danish barque or Dutch brig-no vessel proved to be robbed after he joined them-Acquitted.

The court adjourned.

Last class of cases.

Yesterday, the court proceeded to try William Chappels, 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 our own.

We, of the jury, find that the prisoners, Baily Dufey, Wm. Chappels alias Wm. Chappel, Daniel

Mr. Starrard on behalf of the United States-On