Joseph Story

“ And the general practice of all nations in punishing all persons, whether natives or foreigners, who have committed this offence against any persons whatsoever, with whom they are in amity, is a conclusive proof that the offence is supposed to depend, not upon the particular provisions of any municipal code, but upon the law of nations, both for its definition and punishment. We have, therefore, no hesitation in declaring, that piracy, by the law of nations, is robbery upon the sea, and that it is sufficiently and constitutionally defined by the fifth section of the act of 1819. ”

“ The King of England hath not only an empire or sovereignty over the British seas for the punishment of piracy, but in concurrence with other Princes and States, an undoubted jurisdiction and power in the most remote parts of the world. ”

“ There is scarcely a writer on the law of nations, who does not allude to piracy as a crime of a settled and determinate nature; and whatever may be the diversity of definitions, in other respects, all writers concur, in holding, that robbery, or forcible depredations' upon the sea, animo furandi, is piracy. ”

“ When the act of 1790 declares, that any person who shall commit the crime of robbery, or murder, on the high seas, shall be deemed a pirate, the crime is not less clearly ascertained than it would be by using the definitions of these terms as they are found in our treatises of the common law. ”

“ The constitution declares, that Congress shall have power 'to define and punish piracies and felonies committed on the high seas, and offences against the law of nations.' The argument which has been urged in behalf of the prisoner is, that Congress is bound to define, in terms, the offence of piracy, and is not at liberty to leave it to be ascertained by judicial interpretation. ”

“ Lord Chief Baron Ward, in charging the jury on this indictment said, 'the crime charged upon them (the prisoners) is piracy, that is, seizing and taking this ship and the goods in it piratically and feloniously. This ship belonged to people in amity with the king of England.' 'If this was a capture on the high seas, and these were the goods of persons in amity with the king, and had no FRENCH PASS, then it is a plain piracy; and if you believe the witnesses, here is the taking of the goods and ship of persons in amity, and converting them to their own use. ”

“ We are of a different opinion. The special verdict finds that the prisoner is guilty of the plunder and robbery charged in the indictment; and finds certain additional facts from which it is most manifest that he and his associates were, at the time of committing the offence, freebooters upon the sea, not under the acknowledged authority, or deriving protection from the flag or commission of any government. If, under such circumstances, the offence be not piracy, it is difficult to conceive any which would more completely fit the definition. ”

“ For it is perfectly well settled, that piracy is no felony at common law, being out of its jurisdiction; and before the statute of 28 Henry VIII. c. 15. it was only punishable by the civil law. That statute, however, does not (as has been already stated) alter the nature of the offence in this respect; and, therefore, a pardon of all felonies generally, does not extend to it. ”

“ The power given to Congress is not merely 'to define and punish piracies;' if it were, the words 'to define,' would seem almost superfluous, since the power to punish piracies would be held to include the power of ascertaining and fixing the definition of the crime. ”

“ A band of robbers or a company of pirates may in fact be united to one another by compact, &c. But they are still, by the law of nature, only a number of unconnected individuals; and consequently, in the view of the law of nations they are not considered as a collective body or public person. For the compact by which they unite themselves is void, because the matter of it is unlawful, &c. &c. The common benefit which a band of robbers or a company of pirates propose to themselves consists in doing harm to the rest of mankind.' Woodeson, (Lect. 34. vol. 2. 422.) ”

“ In respect to murder, where 'malice aforethought' is of the essence of the offence, even if the common law definition were quoted in express terms, we should still be driven to deny that the definition was perfect, since the meaning of 'malice aforethought' would remain to be gathered from the common law. ”

“ Sir Charles Hedges delivered the charge to the grand jury, and among other things, directed them as follows: 'Now piracy is only a sea term for robbery, piracy being a robbery committed within the jurisdiction of the Admiralty. If any man be assaulted within that jurisdiction, and his ship or goods violently taken away without legal authority, this is robbery and piracy. ”

“ If the mariners of a ship shall violently dispossess the master, and afterwards carry away the ship itself, or any of the goods, or tackle, apparel or furniture, with a felonious intention, in any place where the Lord Admiral hath, or pretends to have, jurisdiction, this is also robbery and piracy. ”

“ And Emerigon fortifies his opinion on this subject, by citations from the civil law, from other maritime writers, and from Blackstone's Commentaries. It is plain, therefore, that he considered piracy as defined in the civil law, the maritime law, and the common law of England, as the same crime.
Bouchard (cited in 1 Emerigon, c. 12. s. 28. p. 527.) 'Les pirates n'ont pas le droit des armes. Ce sont des voleurs et assassins qui ne forme pas un corps d'etat. ”

“ D'ou il s'ensuit que les brigands et les pirates sont exclus de ce droit; qu'ils ne peuvent pretendre aux privileges que les loix de la guerre accorde aux ennemis, et qu'au contraire ils m eritent d' etre punis rigoureusement comme les malfaiteurs, et qu'on est autoris e a se saisir de tous leurs biens.' 'De tous les tems les pirates out et e regardes comme des voleurs publics et des perturbateurs de la paix. C'est pour cela qu'il est libre a quiconque s'en saisit de leur oter la vie sans se rendre coupable d'injustice. ”

“ Apud eundem Garamantes latrociniis facunda gens; sed gens tamen. Illyrici sine discrimine maris proedas agere soliti; de iis tamen triumphus fuit; Pompeio de piratis non fuit. Tantum discrimen est inter populum quantumvis sceleratum et inter eos, qui, cum populus non sint, sceleris causa co iunt.'
Again, he says, (lib. 3. c. 9. s. 16.) 'Eae vexo res quae intra presidia perductae nondum sunt, quanquam ab hostibus occupatae, ideo postliminii non egent, quia dominum nondum mutarunt, ex gentium jure. ”

“ Moore, 576.
e Santerna, (lib. 4. note 50.) for instance, says, 'Inter piratam et latronem, non sit alia differentia, nisi quia pirata depredator est in mari et potest dici fur et latro maris, quia latrocinium et furtum sicut fit in terra, sic fit in mari.' And Emerigon, (1 Emerig. Assur. ch. 12. s. 29. p. 523.) 'La piraterie est un brigandage sur mer. ”