laws of the United States be punishable with death; or if any captain or mariner of any ship or other vessel, shall piratically and feloniously run away with such ship or vessel, or any goods or merchandise to the value of fifty dollars, or yield up such ship or vessel voluntarily to 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 and adjudged to be a pirate and felon, and being thereof convicted, shall suffer death; and the trial of crimes committed on the high seas, or in any place out of the jurisdiction of any particular state, shall be in the district where the offender is apprehended, or into which he may first be brought.[1]
Sec. 9. And be it [further] enacted, That if any citizen shall commit any piracy or robbery aforesaid, or any act of hostility against the United States, or any citizen thereof, upon the high sea, under colour of any commission from any foreign prince, or state, or on pretence of authority from any person, such offender shall, notwithstanding the pretence of any such authority, be deemed, adjudged and taken to be a pirate, felon, and robber, and on being thereof convicted shall suffer death.
Accessaries therein, how punished.Sec. 10. And be it [further] enacted, That every person who shall, either upon the land or the seas, knowingly and wittingly aid and assist, procure, command, counsel or advise any person or persons, to do or commit any murder or robbery, or other piracy aforesaid, upon the seas, which shall affect the life of such person, and such person or persons shall thereupon do or commit any such piracy or robbery, then all and every such person so as aforesaid aiding, assisting, procuring, commanding, counselling or advising the same, either upon the land or the sea, shall be, and they are hereby declared, deemed and adjudged to be accessary to such piracies before the fact, and every such person being thereof convicted shall suffer death.
Concealing a pirate or property taken by a pirate.Sec. 11. And be it [further] enacted, That after any murder, felony, robbery, or other piracy whatsoever aforesaid, is or shall be committed by any pirate or robber, every person who knowing that such pirate or robber has done or committed any such piracy or robbery, shall on the land or at sea receive, entertain or conceal any such pirate or robber, or receive or take into his custody any ship, vessel, goods or chattels, which have been by any such pirate or robber piratically and feloniously taken, shall be, and are hereby declared, deemed and adjudged to be accessary to such piracy or robbery, after the fact; and on conviction thereof, shall be imprisoned not exceeding three years, and fined not exceeding five hundred dollars.
- ↑ A robbery committed on the high seas, although such robbery, if committed on land, would not, by the laws of the United States, be punishable with death, is piracy, under the 8th section of the law of the United States; and the Circuit Courts have jurisdiction thereof. United States v. Palmer, 3 Wheat. 610; 4 Cond. Rep. 352.
The crime of robbery as mentioned in the act, is the crime of robbery as recognized at common law. Ibid. See also United States v. Klintock, 5 Wheat. 144; 4 Cond. Rep. 614. The United States v. Smith, 5 Wheat. 153; 4 Cond. Rep. 619. United States v. Furlong et al., 5 Wheat. 184; 4 Cond. Rep. 623. United States v. Holmes, 5 Wheat. 412; 4 Cond. Rep. 708.
Pirates may be lawfully captured by the public or private ships of any nation, in peace or war, for they are hostes humani generis. The Marianna Flora, 11 Wheat. 1; 6 Cond. Rep. 201. See also The Josefa Segunda, 5 Wheat. 338; 4 Cond. Rep. 672. The Palmyra, 12 Wheat. 1; 6 Cond. Rep. 397. The Bello Corrunnes, 6 Wheat. 152; 5 Cond. Rep. 45.
To constitute the offence of piracy within the act of 1790, “by piratically and feloniously running away with a vessel,” personal force and violence are not necessary. 1 Gallis’ C. C. R. 247. See also The United States v. Ross, 1 Gallis’ C. C. R. 624. United States v. Kessler, 1 Baldwin’s C. C. R. 15. United States v. Gibert, 2 Sumner’s C. C. R. 19.
In the act of April 30, 1790, the description of places contained in the 8th section, within which the offences therein enumerated must be committed, in order to give the courts of the United States jurisdiction over them, cannot be transferred to the 12th section, so as to give those courts jurisdiction over a manslaughter committed in a port of a foreign country, and not on the high seas. The Hoppet v. The United States, 7 Cranch, 389; 2 Cond. Rep. 542. See United States v. Wiltberger, 5 Wheat. 76; 4 Cond. Rep. 593.
