(ACT of May 15th, 1820.)

due process and trial, in any court having admiralty jurisdiction, and which shall be holden for the district into which such captured vessel shall be brought; and the same court shall thereupon order a sale and distribution thereof accordingly, and at their discretion.

65. SEc. v. If any person or persons whatsoever, shall, on the high seas, commit the crime of piracy, as defined by the laws of nations, and such offender or offenders shall afterwards be brought into, or found in, the United States, every such offender or offenders shall, upon conviction thereof, before the circuit court of the United States for the district into which he or they may be brought, or in which he or they shall be found, be punished with death.

[Infra 68.] 66. SEC. VI. This act shall be in force until the end of the next session of congress.

[Infra 67.]

ACT of May 15th, 1820. Pamphlet edit, 129.

67. SEC. 1. 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, 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.

68. SEC. 11. The fifth section of the said act 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.

69. SEC. III. 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.

(ACT of May 15th, 1820.)

70. SEC. IV. 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 labor 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 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.

71. SEC. v. 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 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.

[See the articles, Arms and Arsenals 12. Bank of the United States 18, 19, and 27. Coins and Currency, 19. Congress, 7 and 10. Also the index, article Crimes.]

NOTES.

The act of congress of April 30th, 1790, limiting the prosecutions upon penal statutes, extends to penalties, created after as well as before that act. 2 Cranch

336.

[For the construction of the laws and constitution as far as they regard treason. Sec 4 Cranch, 471 to 506.]

Under the act of July 6th, 1812, " to prohibit American vessels from proceeding to or trading with the enemies of the United States," held that living fat oxen, &c., are articles of provision and munitions of war, within the meaning of the act 2 Wheaton, 119.

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 act of 1790, "for the punishment of certain crimes," &c. and the circuit courts have jurisdiction thereof. 8 Cranch, 610 to 626. The crime of robbery, as mentioned in the act, is the crime of robbery as mentioned and defined at the common law. ib. 630.-If committed by a person not a citizen of the United States, on the high seas, on board of a ship belonging exclusively to subjects of a foreign state, or on persons in a foreign vessel, is not piracy under the act, nor punishable in the courts of the United States. ib.

When a civil war rages in a foreign nation, one part of which separates itself from the old established government, and erects itself into a distinct government, the courts of the union must view such newly constituted government, as it is viewed by the legislative and executive departments of the United States. ib. 634.

ACT of July 20th, 1790. 2 Bioren, 119.

An act imposing Duties on the Tonnage of Ships or Vessels.

1. SEC. 1. Upon all ships or vessels which after the first day of September next, shall be entered in the United States from any foreign port or place, there shall be paid the several and respective duties following, that is to say: On ships or vessels of the United States at the rate of six cents per ton: on ships or vessels built within the United States after the twentieth day of July last, but belonging wholly or in part to subjects of foreign powers, at the rate of thirty cents per ton: On other ships or vessels at the rate of fifty cents per ton.

2. SEC. 11. The aforesaid duty of six cents per ton, shall be also paid upon every ship or vessel of the United States, which, after the said first day of September next, shall be entered in a district in one state from a district in another state, other than an adjoining state on the sea coast or on a navigable river, having on board goods, wares and merchandise taken in one state to be delivered in another state: Provided, That it shall not be paid on any ship or vessel having a license to trade between the different districts of the United States, or to carry on the bank or whale fisheries whilst employed therein, more than once a year.

3. SEC. III. Upon every ship or vessel not of the United States, which after the said first day of September next, shall be entered

(ACT of February 14th, 1805.)

in one district from another district, having on board goods, wares and merchandise taken in, in one district to be delivered in another district, there shall be paid at the rate of fifty cents per ton. And whereas it is declared by the twenty-third section of the act, intituled, “An act for registering and clearing vessels, regulating the coasting trade, and for other purposes,' That if any vessel of the burthen of twenty tons or upwards, not having a certificate of registry or inrollment, and a licence, shall be found trading between different districts, or be employed in the bank or whale fisheries, every such ship or vessel, shall be subject to the same tonnage and fees as foreign ships or vessels," which from the impracticability in some cases of obtaining licenses in due season, and from misapprehension in others, has operated to the prejudice of individuals; and it being proper that relief should be granted in cases where the strict operation of new laws may have occasioned hardship and inconvenience: therefore,

4. SEC. IV. In all cases in which the said foreign duty shall have been heretofore paid on ships or vessels of the United States, whether registered at the time of payment or afterwards, restitution thereof shall be made, and no such foreign duty shall hereafter be demanded on the said ships or vessels. [Infra. 10, 11, 15, 17, 18, 19, &c.

ACT of March 2d, 1799. 3 Bioren, 180.

An act to regulate the collection of duties on imports and tonnage. 5. SEC. XLVII. On any goods, wares, or merchandise of the growth or manufacture of the United States, which may have been exported to some foreign port or place, and brought back to the said states, and upon which no drawback, bounty or allowance has been paid, no duty shall be demanded: Provided, that the regulations hereinafter prescribed for ascertaining the identity of such goods, wares, and merchandise, be observed and complied with.

ACT of February 14th, 1805. 3 Bioren, 639.

An act for carrying into more complete effect the tenth article of the treaty of friendship, limits, and navigation, with Spain.

6. SEC. 1. Whenever any Spanish vessel shall arrive in distress, in any port of the United States, having been damaged on the coasts, or within the limits of the United States, and her cargo shall have been unladen, in conformity with the provisions of the sixtieth section of the act, entitled "An act to regulate the collection of duties on imports and tonnage," the said cargo, or any part thereof, may, if the said ship or vessel should be condemned as not seaworthy, or be deemed incapable of performing her original voyage, afterwards be reladen on board any other vessel or

vessels, under the inspection of the officer who superintended the landing thereof, or other proper person. And no duties, charges, or fees, whatever, shall be paid on such part of the cargo, as may be reladed and carried away, either in the vessel in which it was originally imported, or in any other whatever.

ACT of March 27th, 1804. 3 Bioren, 621.

An act for imposing more specific duties on the importation of certain articles, and also, for levying and collecting light money, &c.

7. SEC. VI. A duty of fifty cents per ton, to be denominated "light money," shall be levied and collected on all ships or vessels not of the United States which after the 30th day of June next, may enter the ports of the United States: Provided, however, that nothing in this act shall be so construed as to contravene any provision of the treaty or conventions, concluded between the United States of America and the French republic on the 30th day of April 1803. And provided also, that the said light money shall be levied and collected in the same manner, and under the same regulations as the tonnage duties now imposed by law.

ACT of March 3d, 1805. 3 Bioren, 665.

8. SEC. 1. The sixth section of the act, entitled "An act for imposing more specific duties on the importation of certain articles; and also for levying and collecting light money on foreign ships or vessels, and for other purposes," shall not be deemed to operate upon unregistered ships or vessels, owned by citizens of the United States, in those cases where such ship or vessel is in possession of a sea-letter, or other regular document, issued from a customhouse of the United States, proving such ship or vessel to be American property. Provided, however, That, upon the entry of every such ship or vessel from any foreign port or place if the same shall be at the port or place at which the owner or any of the part owners reside, such owner or part owners shall make oath or affirmation, that the sea-letter, or other regular document, possessed by such ship or vessel; contains the name or names of all the persons who are then owners of the said ship or vessel; or, if any part of such ship or vessel has been sold, or transferred, since the date of such sea-letter or document, that such is the case, and that no foreign subject or citizen hath, to the best of his knowledge and belief, any share, by way of trust, confidence, or otherwise, in such ship or vessel. And if the owner, or any part owner, shall not reside at the port or place at which such ship or vessel shall enter, then the master or commander shall make oath or affirmation to the like effect. And if the owner or part owner, where there is one, or the master or commander where there is no owner, shall refuse to swear or affirm, as aforesaid, such ship or vessel shall not be entitled to the privilege granted by this act.