Power to Punish Piracies and Felonies§ 1152.§ 1153.§ 1154.§ 1155.§ 1156.§ 1157.§ 1158.§ 1159.§ 1160.§ 1161.§ 1162.
FOOTNOTES
1. Art. 9.
2. The Federalist, No. 42.
3. See Ordinance for trial of piracies and felonies, 5th April, 1781; 7 Journ. Cong. 76.
4. A motion was made in Congress to amend the articles of confederation, by inserting in lien of the words, as they stand in the instrument, the following, "declaring what acts committed on the high seas shall be deemed piracies and felonies. It was negatived by the vote of nine states against two. The reason, probably, was the extreme reluctance of congress to admit any amendment after the project had been submitted to the states.a a. 1 Secret Journals of Congress 384, June 25, 1778.
6. The Federalist, No. 42; Rawle on Coast. ch. 9. p. 107; 2 Elliot's Debates, 389, 390.
7. 4 Black. Comm. 71 to 73.
8. Mr. East says, "The offence of piracy, by the common law, consists in committing those acts of robbery and depredation upon the high seas, which, if committed upon land, would have amounted to felony there."b In giving this definition he has done no more than follow the language of preceding writers on the common law.c b. 2 East, P. C. 796.
c. 4 Black. Comm. 71 to 73.
8.United States v. Smith, 5 Wheat R. 153, 158 to 163.
9. The Federalist, No. 42; 2 Elliot's Deb. 389, 390.
10. Co. Litt. 391.
11. 4 Black. Comm. 93 to 98.
12. 4 Black. Comm. 98; See also 1 Hawk. P.C. ch. 37, (Curwood's Edit. ch. 7.)
13. Co. Litt. 391; 1 Hawk. P.C. ch. 37.
14. See 1 Curwood's Hawk. P.C. ch. 7, note p, 71.
15.United States v. Smith, 5 Wheat. R. 153, 159.
16. 3 Inst. 112.
17. 3 Inst. 112; Co. Lect. 391, a.
18.United States v. Smith, 5 Wheat. R. 153, 159.
19. The Federalist, No. 42; Sergeant on Const. ch. 28, (ch. 30;) Rawle on Const. ch. 9, p. 107.
20.United Stales v. Pirates, 5 Wheat. R. 184, 200, 204, 206; United States v. Willberger, 5 Wheat. R. 76, 94.
21. 1 Black. Comm. 110; Constable's case, 5 Co. R. 106; 3 Inst. 113; 2 East's P.C. 802, 803.
22. Hale in Harg. Law Tracts, ch. 4, p. 10; 1 Hale P.C. 423, 494.
23. See Rawle on the Const. ch. 9, p. 107; Sergeant on the Const. ch. 28, [ch. 30;] 1 Kent's Comm. Lect. 17, p. 342, &e.; United States v. Grush, 5 Mason's R. 290.
24. See 1 Tucker's Black. Comm. App. 268, 269; Rawle on Coast. ch. 9, p. 108.
25. Rawle on Const. ch. 9, p. 108.
26. Journal of Convention, 221, 257 to 259, 357.
27. Journal of Convention, p. 375, 376.
