CHAPTER XX.
POWER TO PUNISH PIRACIES AND FELONIES.
§ 1152. The next power of congress is, "to define and punish piracies and felonies committed on the high seas, and offences against the law of nations."
§ 1153. By the confederation the sole and exclusive power was given to congress "of appointing courts for the trial of piracies and felonies committed on the high seas."[1] But there was no power expressly given to define and punish piracies and felonies.[2] Congress, however, proceeded to pass an ordinance for the erection of a court for such trials, and prescribed the punishment of death upon conviction of the offence.[3] But they never undertook to define, what piracies or felonies were. It was taken for granted, that these were sufficiently known and understood at the common law; and that resort might, in all such cases, be had to that law, as the recognised jurisprudence of the Union.[4]
§ 1154. If the clause of the constitution had been confined to piracies, there would not have been any necessity of conferring the power to define the crime,- ↑ Art. 9.
- ↑ The Federalist, No. 42.
- ↑ See Ordinance for trial of piracies and felonies, 5th April, 1781; 7 Journ. Cong. 76.
- ↑ A motion was made in Congress to amend the articles of confederation, by inserting in lieu of the words, as they stand in the instrument, the following, "declaring what acts committed on the high seas shall be deemed piracies and felonies." It was negatived by the vote of nine states against two. The reason, probably, was the extreme reluctance of congress to admit any amendment after the project had been submitted to the states.[a 1]
- ↑ 1 Secret Journals of Congress, 384, June 25, 1778.
