THESE were several indictments in the Circuit Court of Georgia and South Carolina. The following are the cases as stated for the decision of this Court:
The UNITED STATES v. JOHN FURLONG, alias HOBSON.
THE prisoner was indicted before the Circuit Court of Georgia, for the piratical murder of Thomas Sunley, on the act of Congress of the 30th April, 1790, c. 36. Verdict, guilty. The offence was committed on a vessel and crew, all English. The person murdered was an English subject. The piratical vessel was a vessel of the United States, and run away with by the captain and crew. The prisoner is an Irishman, and a subject of the king of Great Britain. It was moved by the prisoner's counsel, that the judgment be arrested on the following grounds, via.:1st. Because the indictment does not charge the prisoner as a citizen of the United States.
2d. Because the indictment does not charge the act, as committed on board of an American vessel, but charges it as committed on board of a foreign vessel, or vessel of owners unknown.
3d. Because the 8th section of the act of 30th April, 1790, c. 36. is virtually repealed by the act of 3d March, 1819, c. 76. to protect the commerce of the United States, and punish the crime of piracy.
Upon which grounds, the judges being divided in opinion, at the request of the counsel for the prisoner, it was ordered, that the indictment and proceedings thereon, together with the grounds of the defendant's motion in arrest of judgment, be transcribed by the clerk of the Circuit Court, and certified by him, under the seal of the court, and sent to this Court, for their decision.
The UNITED STATES v. JOHN FURLONG, alias HOBSON.
THIS was another indictment against the same prisoner, before the same Court, on the act of Congress, of the 30th of April, 1790, c. 36. for the piratical murder of David May. Verdict, guilty. The same statement appears in the record, as in the case of the indictment of Furlong, for the murder of Thomas Sunley.
The UNITED STATES v. JOHN FURLONG, alias HOBSON.
THIS was another indictment against the same prisoner, before the same Court, on the act of the 3d of March, 1819, c. 76. for the piratical seizure of an unknown vessel. Verdict, guilty. The offence was committed on a foreign vessel, by a foreigner, from a vessel of the United States, which had been run away with by the captain and crew. It was moved by the prisoner's counsel, that the judgment be arrested on the ground that, as the constitution of the United States gives the power to Congress, to define and punish the crime of piracy, it is necessary that Congress define before it can punish, and that a reference to the law of nations is not such a definition as the constitution requires. Upon which ground, the Judges being divided in opinion, upon request of counsel for prisoner, it was ordered, that the indictment and proceedings thereon, together with the ground of the defendant's motion in arrest of judgment, be transcribed by the clerk of the Circuit Court, and certificed by him, under the seal of the Court, and sent to this Court for their decision.
The UNITED STATES v. JOHN FURLONG, alias HOBSON.
THIS was another indictment against the same prisoner, before the same Court, on the act of the 30th of April, 1790, c. 36. for a piratical robbery, committed on an American ship. Verdict, guilty. The offence was committed on a vessel of the United States, from a vessel of the United States, which had been run away with by the captain and crew. The prisoner is an English subject. It was moved by the prisoner's counsel, that the judgment be arrested, on the ground, that the 8th section of the act of 30th of April, 1790, c. 36. on which the indictment is founded, is virtually repealed by the act of the 3d of March, 1819, c. 76. entitled, 'an act to protect the commerce of the United States, and punish the crime of piracy.' Upon which ground the Judges being divided in opinion, upon the request of the counsel for the prisoner, it was ordered, that the indictment and proceedings thereon, together with the grounds of the defendant's motion in arrest of judgment, be transcribed by the clerk of the Circuit Court, and certified by him, under the seal of the Court, and sent to this Court for their decision.
The UNITED STATES v. BENJAMIN BRAILSFORD and JAMES GRIFFEN.
THE prisoners were indicted before the Circuit Court of South Carolina, for piracy on an American ship, under the act of Congress of the 30th of April, 1790, c. 36. The Court divided on the following questions: