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by adherence. To give intelligence to enemies, to send provisions to them, to sell arms to them, treacherously to surrender a fort to them, to cruise in a ship with them against the United States—these are acts of adherence, aid, and comfort. P
To join with rebels in a rebellion, or with enemies in acts of hostility, is treason in a citizen, by adhering to those enemies, or levying war with those rebels. But if this be done from apprehension of death, and while the party is under actual force, and he take the first opportunity which offers to make his escape; this fear and compulsion will excuse him. ?
In England, the punishment of treason is terrible indeed. The criminal is drawn to the gallows, and is not suffered to walk or be carried ; though usually a hurdle is allowed to preserve him from the torment of being dragged on the ground. He is hanged by the neck, and is then cut down alive. His entrails are taken out and burned, while he is yet alive. His head is cut off. His body is divided into four parts. His head and quarters are at the disposal of the king.
In the United States and in Pennsylvania, s treason is punished in the same manner as other capital crimes.
Fost. 217. 1. Haw. 38. 4. Bl. Com. 82.
Fost. 216. 9
r 4. Bi. Com. 92.
s Treason against the state is now punished by imprisonment at hard labour, for a period not less than six, nor more than twelve years. 3. Laws Penn. 600. For the description of treason against the state, sec 1. Laws Penn. 726. 2. Laws Penn. 83. Ed.
A traitor is hostile to his country: a pirate is the enemy of mankindhostis humani generis.
Piracy is robbery and depredation on the high seas; and is a crime against the universal law of society. By declaring war against the whole human race, the pirate has laid the whole human race under the necessity of declaring war against him. He has renounced the benefits of society and government: he has abandoned himself to the most savage state of nature.
The consequence is, that, by the laws of self defence, every community has a right to inflict upon him that punishment, which, in a state of nature, every individual would be entitled to inflict for any invasion of his person or his personal property.
“ If any person," says a law of the United States, “ shall commit, upon the high seas, or in any river, haven, basin, or bay, out of the jurisdiction of any par. ticular state, murder or robbery, or any other offence, which, if committed within the body of a county, would, by the laws of the United States, be punished with death; every such offender shall be deemed, taken and adjudged to be a pirate and felon, and being thereof convicted shall suffer death."
By the ancient common law, piracy committed by a subject was deemed a species of treason. According to that law, it consists of such acts of robbery and depredation upon the high seas, as, committed on the land, would amount to a felony there. The law of general society, as well as the law of nations, is a part of the common law. *
t 4. Bl. Com. 71.
a Laws U. S. 1. con. 1. sess. C. 9. s. 8.
v 4. Bl. Com. 71.
OF CRIMES, AFFECTING SEVERAL OF THE NATURAL
RIGHTS OF INDIVIDUALS.
THOSE crimes and offences of which I have already treated, attack some one of the natural rights of man or of society: there are other crimes and offences, which attack several of those natural rights. Of these, nuisances are the most extensive and diversified.
A nuisance denotes any thing, which produces mis. chief,' injury, or inconvenience. It is divided into two kinds—common and private. a The latter will be treated under the second division of my system : it is a damage to property. Common nuisances are a collection of
personal injuries, which annoy the citizens generally and indiscriminately—so generally and indiscriminately, that it would be difficult to assign to each citizen his just pro
. 3. B1. Com. 216. 4. Bl. Com. 166.