NOTE IV. The act of the 3d of March, 1819, commented on in the cases of the United States v. Smith, in the text, and in the other cases of piracy before the Court at the present term, was continued in force, amended, and enlarged, by the following act, passed at the last session of Congress. An Act to continue in force "An Act to protect the commerce of the United States, and punish the crime of piracy," and also to make further provision for punishing the crime of piracy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first, second, third, and fourth sections of an act, entitled, "An Act to protect the commerce of the United States, and punish the crime of piracy," passed on the third day of March, one thousand eight hundred and nineteen, be, and the same are hereby, continued in force, from the passing of this act, for the term of two years, and from thence to the end of the next session of Congress, and no longer. Sec. 2. And be it further enacted, that the fifth section of the said act be, and the same is hereby, continued in force, as to all crimes made punishable by the same, and heretofore committed, in all respects, as fully as if the duration of the said section had been without limitation. Sec. 3. And be it further enacted, that if any person shall, upon the high seas, or in any open road-stead, or in any haven, basin, or bay, or in any river, where the sea ebbs and flows, commit the crime of robbery, in or upon any ship or vessel, or upon any of the ship's company of any ship or vessel, or the lading thereof, such person shall be adjudged to be a pirate; and being thereof convicted before the Circuit Court of the United States, for the district into which he shall be brought, or in which he shall be found, shall suffer death. And if any person engaged in any piratical cruize or enterprize, or being of the crew or ship's company, of any piratical ship or vessel, shall land from such ship or vessel, and on shore shall commit robbery, such person shall be adjudged a pirate, and on conviction thereof before the Circuit Court of the United States for the district into which he shall be brought, or in which he shall be found, shall suffer death: Provided, that nothing in this section contained shall be construed to deprive any particular State of its jurisdiction over such offences, when committed within the body of a county, or authorize the Courts of the United States to try any such offenders, after conviction or acquittance, for the same offence in a State Court. Sec. 4. And be it further enacted, that if any citizen of the United States, being of the crew or ship's company of any foreign ship or vessel engaged in the slave trade, or any person whatever, being of the crew or ship's company of any ship or vessel owned in whole or in part, or navigated for, or in behalf of, any citizen or citizens of the United States, shall land from any such ship or vessel, and, on any foreign shore, seize any negro or mulatto, not held to service or labour by the laws of either of the States or Territories of the United States, with intent to make such negro or mulatto a slave, or shall decoy, or forcibly bring or carry, or shall receive, such a negro or mulatto on board any such ship or vessel, with intent, as aforesaid, such citizen, or person, shall be adjudged a pirate, and on conviction thereof before the Circuit Court of the United States, for the district wherein he may be brought or found, shall suffer death. Sec. 5. And be it further enacted, that if any citizen of the United States, being of the crew or ship's company of any fo reign ship or vessel engaged in the slave trade, or any person whatever, being of the crew or ship's company of any ship or vessel owned wholly or in part, or navigated for, or in behalf of, any citizen or citizens of the United States, shall forcibly confine, or detain, or aid and abet in forcibly confining, or detaining, on board such ship or vessel, any negro or mulatto, not held to service by the laws of either of the States or Territories of the United States, with intent to make such negro or mulatto a slave, or shall, on board any such ship or vessel, offer or attempt to sell, as a slave, any negro or mulatto, not held to service as aforesaid, or shall, on the high seas, or any where on tide water, transfer, or deliver over, to any other ship or vessel, any negro or mulatto, not held to service as aforesaid, with intent to make such negro or mulatto a slave, or shall land, or deliver on shore, from on board any such ship or vessel, any such negro or mulatto, with intent to make sale of, or having previously sold, such negro or mulatto, as a slave, such citizen or person shall be adjudged a pirate, and on conviction thereof before the Circuit Court of the United States, for the district wherein he shall be brought or found, shall suffer death. H. CLAY, Speaker of the House of Representatives. President of the Senate pro tempore. Washington, May 15, 1820. Approved : JAMES MONROE. NOTE V. Additional Documents on the subject of the Neutrality of the United States in the present war between Spain and her Colonies. Vide, ante, vol. IV. APPENDIX, Note II. [TRANSLATION.] GENERAL DON FRANCISCO DIONISIO VIVES TO THE SECRETARY OF STATE. SIR-In conformity with the orders of my government, which were communicated to Mr. Forsyth on the 16th of December last, by his excellency the Duke of San Fernando and Quiroga, and with the earnest desire of the king, my master, to see a speedy adjustment of the existing difficulties which obstruct the establishment, on a permanent basis, of the good understanding so obviously required by the interests of both powers, I have the honour to address you, and frankly to state to you, that my august sovereign, after a mature and deliberate examination, in full council, of the treaty of 22d February, of the last year, saw, with great regret, that, in its tenor, it was very far from embracing all the measures indispensably requisite to that degree of stability which, from his sense of justice, he was anxious to see established in the settlement of the existing differences between the two nations. The system of hostility which appears to be pursued in so many parts of the Union, against the Spanish dominions, as well as against the property of all their inhabitants, is so public and notorious, that, to enter into detail, would only serve to increase the causes of dissatisfaction; I may be allowed, however, to remark, that they have been justly denounced to the public of the United States, even by some of their own fellowcitizens. Such a state of things, therefore, in which individuals may be considered as being at war, while their governments are at peace with each other, is diametrically opposed to the mutual and sincere friendship, and to the good understanding which it was the object of the treaty (though the attempt has failed) to establish, and of the immense sacrifices consented to by his Majesty to promote. These alone were motives of sufficient weight imperiously to dictate the propriety of suspending the ratification of the treaty, even although the American envoy had not at first announced, in the name of his government, and subsequently required, of that of Spain, a declaration which tended directly to annul one of its most clear, precise, and conclusive articles, even after the signature and ratification of the treaty. The king, my master, influenced by considerations so powerful as to carry with them the fullest evidence, has, therefore, judged it necessary and indispensable, in the exercise of his duties as a sovereign, to request certain explanations of your government; and he has, in consequence, given me his commands to propose to it the following points; in the discussion and final arrangement of which, it seems proper that the relative state of the two nations should be taken into full consideration. That the United States, taking into due consideration the scandalous system of piracy established in, and carried on from, several of their ports, will adopt measures satisfactory and effectual, to repress the barbarous excesses, and unexampled depredations, daily committed upon Spain, her possessions, and properties; so as to satisfy what is due to international rights, and is equally claimed by the honour of the American people. That, in order to put a total stop to any future armaments, and to prevent all aid whatsoever being afforded from any part of the Union, which may be intended to be directed against, and employed in the invasion of, his Catholic Majesty's possessions in North America, the United States will agree to offer a pledge, (a dar una seguiradad,) that their integrity shall be respected. And, finally, that they will form no relations with the pretended governments of the revolted provinces of Spain situate beyond sea, and will conform to the course of proceeding adopted, in this respect, by other powers in amity with Spain. Extract of a Letter from General Vives to the Secretary of State, dated April 24th, 1820. It is evident that the scandalous proceedings of a number of American citizens, the decisions of several of the Courts of the Union, and the criminal expedition set on foot within it for the invasion of his Majesty's possessions in North America, at the very period when the ratification was still pending, were diametrically opposite to the most sacred principles of amity, and to the nature and essence of the treaty itself. These hostile proceedings were, notwithstanding, tolerated by the |