Smith Thompson

“ The evidence shows, that until the vessel arrived at St Thomas the purpose of privateering was uncertain. It depended for its accomplishment on the receipt of funds there, and for some time this was uncertain. If the vessel had been sold on her arrival in the West Indies, most certainly the defendant could not be found guilty. The intention in cases of larceny is not like this; in those cases, where a slight asportation has taken place, it is sufficient to constitute the offence. But there the act is complete by such removal. ”

“ The indictment charges that the defendant was concerned in fitting out the Bolivar, with intent that she should be employed in the service of a foreign people; that is to say, in the service of the United Provinces of Rio de la Plata. It was in evidence, that the United Provinces of Rio de la Plata had been regularly acknowledged as an independent nation by the executive department of the government of the United States, before the year 1827. And therefore it is argued that the word people is not properly applicable to that nation or power. ”

“ That if the jury believe, that when the Bolivar was fitted and equipped at Baltimore, the owner and equipper intended to go to the West Indies in search of funds, with which to arm and equip the said vessel, and had no present intention of using or employing the said vessel as a privateer, but intended, when he equipped her, to go to the West Indies, to endeavour to raise funds to prepare her for a cruise; then the defendant is not guilty. ”

“ The law does not prohibit armed vessels belonging to citizens of the United States from sailing out of our ports; it only requires the owners to give security (as was done in the present case) that such vessels shall not be employed by them to commit hostilities against foreign powers at peace with the United States. ”

“ If there be any thing remarkable in the use made of the word people, in this government and country it is in its enlarged, rather than its restricted sense. And it cannot be shown, by examples, that congress ever use it in a narrow interpretation. ”

“ In favour of the third point, it was contended, that the acts given in evidence in this case, so far consummated the offence, that no locus penitentiae remained for the traverser, after leaving the port of Baltimore.
The criminal intent, and the acts consequent thereon, have been conjoined in this case, so that there can be neither a divorce nor a purification by a possible, or even a probable failure of continued and successful support.
All human enterprises are subject to contingencies. The death of the actors, the shipwreck of the vessel, &c. ”