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mankind, all mankind must declare war against him. As it is an offence against the law of nations, every nation has a right to attack and exterminate pirates, without any declaration of war. By statutes, both in England and the United States, certain offences are made piracy. By the laws of the United States, if a person commit, upon the high seas, out of the jurisdiction of a state, murder or robbery, or any other offence which, if committed in the body of a county, would, by the laws of the United States, be punishable with death, he shall be adjudged to be a pirate and a felon, and punishable with death. It is declared, further, that if a captain or mariner of any vessel shall feloniously run away with the vessel, or any goods or merchandize to the value of fifty dollars, or shall yield up a vessel voluntarily to pirates; or if a scaman shall lay violent hands upon his commander, to prevent him from defending the ship or goods committed to his trust, or shall make a revolt in the ship; every such offender shall be adjudged a pirate and felon, and be punishable with death. High seas, under the statute, comprehends an open roadstead, though vessels lie in it under the shelter of the land, at a season when the course of the wind is invariable; and also any waters, on the sea coast, without the boundaries of low water mark, though such waters be in a roadstead or bay, within the jurisdictional limits of a foreign government.

The African slave trade, which was tolerated for many years after the constitution was adopted, was, in 1820, declared piracy. If a citizen of the United States, being of the crew of any vessel owned in whole, or in part, by a citizen of the United States, shall be engaged in the foreign slave trade, he shall be adjudged a pirate, and suf

When was the slave trade declared piracy? What law was passed in 1800? To what period did the constitution authorize the

fer death. The transportation of slaves from the United States, by citizens of the United States, to any foreign country, was prohibited by acts of March 1794, and May 1800. But as the importation of slaves was authorized by the constitution until 1808, no law prohibiting their importation, could be passed by congress, to take effect before that time. By the law of March, 1807, it was prohibited under severe penalties, to import slaves into the United States, after the first of January, 1808. In 1818, to prevent all concern in the trade, on the part of our citizens, they were forbidden to carry slaves on freight, or from one port to another of the same, foreign empire, as well as from one foreign country to another. The act of March, 1819, went further, and authorized national armed vessels to be sent to the west of Africa, to stop the slave trade, so far as citizens or residents of the United States were engaged in it; and their vessels and effects were made liable to be seized and confiscated. The act of May, 1820, went still further, and declared, that if any person whatever, being of the crew of any vessel, armed or navigated for or on behalf of a citizen of the United States, should land on a foreign shore, and seize a negro or mulatto, with intent to make him a slave, or should decoy, or forcibly bring such negro on board such vessel, he should be adjudged a pirate, and should be punishable with death.

If

Felonies on Water within Admiralty Jurisdiction. a person, upon the high seas, within the admiralty jurisdiction of the United States, and out of the jurisdiction of a particular state, shall murder, or otherwise so injure any other person, that he shall afterwards die upon the land,

slave trade? When was their transportation from the United States prohibited? What law was passed in 1807? What were the provisions of the several acts of 1818, 1819, and 1820? How is piracy

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the offender shall suffer death. If a person shall wilfully destroy, or aid in destroying, a vessel of war of the United States on the high seas; or if, being the owner of such vessel, he shall corruptly cast away, or aid in destroying the same, with a design to prejudice any person that has underwritten a policy of insurance, he shall suffer death. For maliciously attacking a vessel with intent to plunder the same, the offender shall be punished by a fine not exceeding five thousand dollars, and imprisonment not exceeding ten years. Numerous other crimes committed within admiralty jurisdiction, are punishable by fine and imprisonment, in proportion to the aggravation of the offence.

Felonies on Land. If a person, within a fort, arsenal, navy yard, or magazine, shall burn a dwelling house, store, barn or other building, he shall be punishable with death. There are other crimes which, if committed within any territory over which the United States have jurisdiction, are punishable with fine and imprisonment. All offences enumerated in this chapter must be tried in courts of the United States.

Offences against the law of nations, are, besides piracy, violations of safe conducts or passports, and infringements of the fights of ambassadors and other foreign ministers. A safe conduct contains a pledge of the public faith, that it shall be duly respected; and the obser vance of this duty is essential to the character of the gov. ernment which grants it. The statute law of the United States provides, in furthering the general sanction of the

punished? What felonies committed on water within admiralty jurisdiction, are punished with death? And what with fine and imprisonment? What felony on land here mentioned is punishable with death? What are offences against the law of nations? What do passports contain? What is the penalty for violating a

public law, that persons who violate passports, shall be imprisoned, not exceeding three years, and fined at the discretion of the court. The like punishment is inflicted upon persons who infringe the law of nations by offering violence to public ministers, by being concerned in prosecuting or arresting, them. This is an offence highly injurious to a free and liberal intercourse between different governments, and mischievous in its consequences to a nation; as it tends to provoke the sovereign whom the min ister represents, and to bring upon the country in which he resides, the calamity of war.

CHAPTER XV.

Of War.-Letters of Marque and Reprisal-CapturesArmy and Navy.

CONGRESS has exclusive power "to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water."

that has receiv

If this principle nation to adopt all

That self-preservation, or the right of self defence, is the first law of nature, is a principle ed the common assent of mankind. be a just one, it is the right of every necessary regulations to resist the aggressions of other nations. Upon this principle, the power has been given

passport? What other offence is punishable in like manner ↑

Upon what principle is the right of resistance founded? What is defensive war? What is offensive war? In what cases, if any, should a nation resort to war? In what branch of the government

to congress to declare war. A just defence, or making use of force against any power that attacks a nation or its privileges, is defensive war. To attain justice by force, if it cannot be otherwise obtained, or to pursue our right by force of arms, is offensive war.

But there are cases which, according to the law of nations, constitute justifiable causes of war, when neither good policy, nor a regard for the the national honor, requires such a measure. War is at all times attended

with great evils; and the dictates, both of wisdom and humanity, forbid a recourse to war, except in extreme cases. The true honor and dignity of a nation are not most effectually sustained by immediate resort to arms upon every occasion even of real injury.

The ancient practice of formally communicating to the enemy a declaration of war, before hostilities are commenced, is not in use. Such declaration is now made only to the nation that proclaims it. The power to declare war is, in some countries, exercised by the king.— In the United States, it is most properly, as well as most safely, entrusted with congress.

The power of issuing letters of marque and reprisal, is also given to congress. Marque signifies passing the frontier; reprisal, the taking in return. Letters of marque and reprisal are given to authorize the subjects of a nation who have been injured by those of another nation, to seize the bodies or goods of the citizens of such offending nation, wheresoever they may be found, until satisfaction be made. This, however, properly belongs to the government, as a single individual, were he at liberty to act as judge in his own case, might, at his own pleas

is the power to declare war lodged? What are letters of marque and reprisal? For what purpose are they granted? Why is the power to issue them given to the government? What are captures?

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