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racy.

ratical vessels.

Mar. 3, 1819, 8.

Merchant res.

p. 721.

SEC. 4293. The President is authorized to employ so Title 48, chap. 8. many of the public armed vessels as in his judgment the Public vessels service may require, with suitable instructions to the com

to suppress pi. manders thereof, in protecting the merchant-vessels of the Mar. 3, 1819, s. United States and their crews from piratical aggressions 30,1823,5.3, p.721. and depredations.

SEC. The President is authorized to instruct the Seizure of pi. commanders of the public armed vessels of the United States to subdue, seize, take, and send to any port of the 2". 3,9; 512; Jan.

30, 1823, v. 3, p. United States, any armed vessel or boat, or any vessel or 721. boat, the crew whereof shall be armed, and wbich shall have attempted or committed any piratical aggression, search, restraint, depredation, or seizure, upon any vessel of the United States, or of the citizens thereof, or upon any other vessel; and also to retake any vessel of the United States, or its citizens, which may have been unlawfully captured upon the high seas. SEC. 4295. The commander and crew of any merchant.

gely may resist vessel of the United States, owned wholly, or in part, by a pirates. citizen thereof, may oppose and defend against any aggres- 3, v. 3, p. 513; sion, search, restraint, depredation, or seizure, which shall Jan, 20, 1823, v. 3, be attempted upon such vessel, or upon any other vessel so owned, by the commander or crew of any armed vessel whatsoever, not being a public armed vessel of some nation in amity with the United States, and may subdue and cap. ture the same; and may also retake any vessel so owned which may have been captured by the commander or crew of any such armed vessel, and send the same into any port of, the United States. SEC. 4296. Whenever any vessel, which shall have been condemnation

of piratical ves. built, purchased, fitted out in whole or in part, or held for sels! the purpose of being employed in the commission of any.,3... $13; San. piratical aggression, search, restraint, depredation, or seiz- 30, 1823, v. 3. ure, or in the commission of any other act of piracy as

721; Aug. 5, 1861,

s. 1, v. 12, p. 314. defined by the law of nations, or from which any piratical aggression, search, restraint, depredation, or seizure shall have been first attempted or made, is captured and brought into or captured in any port of the United States, the same shall be adjudged and condemned to their use, and that of the captors after 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 its discretion.

SEC. 4297. Any vessel built, purchased, fitted out in whole or in part, or held for the purpose of being employed piracy. in the commission of any piratical aggression, search, c. 1, v.12, p. 314.

, . restraint, depredation, or seizure, or in the commission of any other act of piracy, as defined by the law of nations, shall be liable to be captured and brought into any port of the United States if found upon the high seas, or to be seized if found in any port or place within the United States, whether the same shall have actually sailed upon any piratical expedition or not, and whether any act of piracy shall have been committed or attempted upon or

Seizure of veg. sels fitted out for

What vessels

rates.

Seo poto 1.

Duties of offi. cers of customs and marshals.

from such vessel or not; and any such vessel may be adjudged and condemned, if captured by a vessel authorized as hereinafter mentioned, to the use of the United States and to that of the captors, and it seized by a collector, surveyor, or marshal, then to the use of the United States.

SEC. 4298. The President is authorized to instruct the may be author. ized to seizo pi. commanders of the public armed vessels of the United

States, and to authorize the commauders of any other Idem, 8.2.

armed vessel sailing under the authority of any letters of marque and reprisal granted by Congress, or the command. ers of any other suitable vessels, to subdue, seize, take, and, if on the high seas, to send into any port of the United States, any vessel or boat built, purchased, fitted out, or held as mentioned in the preceding section.

SEC. 4299. The collectors of the several ports of entry,

the surveyors of the several ports of delivery, and the marIdem, s.3.

shals of the several judicial districts within the United States, shall seize any vessel or boat built, purchased, fitted out, or held as mentioned in section forty-two hundred and ninety-seven, which may be found within their respective ports or districts, and to cause the same to be proceeded

against and disposed of as provided by that section. Title 70, chap. 1.

SEC. 5323. Every person who knowingly aids, abets, Accessory becauses, procures, commands, or counsels another to commit piracy, etc. any murder, robbery, or other piracy upon the seas, is an Apr.30, 1790, s. accessory before the fact to such piracies, and every such Seo act of Aug. person being thereof convicted shall suffer death. 6, 1894, amending 5366, title, “Mer

SEC. 5324. Every person who receives or takes into cusrobbory ortody any vessel, goods, or other property feloniously taken piracy.

by any robber or pirate against the laws of the United Apr. 30, 1790, s. 11, v. 1, p. 114. States, knowing the same to have been feloniously taken, Seo sec. 5533. and every person who, knowing that such pirate or robber

has done or committed any such piracy or robbery, on the land or at sea, receives, entertains, or conceals any such pirate or robber, is an accessory after the fact to such robbery or piracy.

fore the fact to

secs.

5365 and

chant vessels."

Accessory after the fact to

Note 1.-Piracy is defined by the law of nations to be a forcible depredation upon property on tho high seas, wiihout lawful authority, done animo furandi; that is, as defined, in this connection, in a spirit and intention of universal hostility. A pirate is said to be one who rores the sea in an armed ressel, without any conmis. sion from any sovereign state, on his own authority, and for the purpose of seizing by force and appropriating to himself, without discrimination, every vessel he may meet. United States v. Baker, 5 Blatchford, 11, 12. Cited in Cadwalader's State Department Digest, p. 77.)

To make the firing of one vessel into another a piratical aggression within the act of 1819, section 5368, R. S., it must be a first aggression unprovoked by any previous act of hostility or menace from the other side. (Cadwalader's Digest; Op., IX, 114.)

Robbery, or forcible depredation upon the high sea, animo furandi, is piracy by the law of nations. Cadwalader's Digest, p. 76, cites 5 Wheaton, 153. A vessel loses her national character by assuming a piratical character, and a piracy committed by a foreigner from on board such a vessel whatever, is punishable under act of 1790, section 5360, R.S. (Idem, p. 77, cites 5 Wheaton, 184.)

Every hostile attack, in time of peace, is not necessarily piratical. It may bo by mistake, or in necessary self defense, or to repel a supposed meditated attack by pirates. It may be justifiable, and then no blame attaches to the act; or it may be without just excuse, and then it carries responsibility in damages. (Cadwalader's Digest, p. 77, cites li Wheaton, 40, 41, and 2 Howard, 236.)

Mercbant vessels suspected of being engaged in illicit trade forbidden by the laws of Congress may be seized and detained by pub ic armed vessels. (Op., 3, 405.)

SEC. 5368. Every person who, on the high seas, commits Title 70, chap. 3. the crime of piracy as defined by the law of nations, and is Piracy afterward brought into or found in the United States, shall suffer death.

under the law of na. tions.

See secs. 53235333.

Mar. 3, 1819, 8. 5. v. 3, p. 513; May 15, 1820, 8. 2, v. 3, p. 600; Jan. 30, 1823, v.

3, p. 721. upon

Seaman laying violent hands on

Ibid.

SEC. 5369. Every seaman who lays violent hands his commander, thereby to hinder and prevent his fighting his commander. in defense of his vessel or the goods intrusted to him, is a

A pr. 30, 1790, s.

8, v. 1, p. 113. pirate, and shall suffer death.

SEC. 5370. Every person who, upon the high seas, or in Robbery upon any open roadstead, or in any havei, basin, or bay, or in May 15, 1820, s. any river where the sea ebbs and flows, commits the crime 3, v. 3, p. 600. of robbery, in or upon any vessel, or upon any ship's com. pany of any vessel, or the lading thereof, is a pirate, and shall suffer death.

SEC. 5371. Every person engaged in any piratical cruise Robbery on or enterprise, or being of the crew of any piratical vessel, piratical vessel. who lands from such vessel and on shore commits robbery, is a pirate, and shall suffer death.

SEC. 5372. Every person who commits upon the high Murder, ete: seas, or in any river, harbor, basin, or bay, out of the juris- seas. diction of any particular State, murder or robbery, or any 8, 91, p. 113.

Apr. 30 , s. other offense which, if committed within the body of a county, would be punishable with death by the laws of the United States, is a pirate, and shall suffer death.

SEC. 5373. Every citizen who commits any murder or Piracy under robbery, or any act of hostility against the United States, color of a com or against any citizen thereof, on the high seas, under color foreign power. of any commission from any foreign prince, or state or on

Idem, s. 9, v.1, pretense of authority from any person, is, notwithstanding the pretense of such authority, a pirate, and shall suffer death.

SEC. 5374. Every subject or citizen of any foreign state, Piracy by subwho is found and taken on the sea making war upon the of a foreign state. United States, or cruising against the vessels and property, Mar;3, 1847, v. thereof, or of the citizens of the same, contrary to the provisions of any treaty existing between the United States and the state of wbich offender is a citizen or subject, when by such treaty such acts are declared to be piracy, is guilty of piracy, and shall suffer death.

SEC. 5375. Every person who, being of the crew or ship’s Piracy in con: company of any foreign vessel engaged in the slave-trade, ing negros on or being of the crew or ship's company of any vessel owned board vessels, wholly or in part, or navigated for or in behalf of any citi- 5, v. 3, p. 601. zen, forcibly confines or detains on board such vessel any 5551-5560, Slavo negro or mulatto, with intent to make such negro or mulatto Trade. a slave, or, on board such vessel, offers or attempts to sell, as a slave, any negro or mulatto, or on the high seas, or anywhere on tide-water, transfers or delivers to any other vessel any negro or mulatto with intent to make such negro or mulatto a slave, or lands or delivers on shore from on board such vessel any negro or mulatto with intent to make

p. 114.

, .

600.

go.

sale of, or having previously sold such negro or mulatto as

a slave, is a pirate, and shall suffer death.
Piracy in land SEC. 5376. Every person who, being of the crew or ship's
ing, seizing, etc.,
negroes on any company of any foreign vessel engaged in the slave-trade,
foreign shore, or being of the crew or ship's company of any vessel, owned
od.dom, s. 4, P.in whole or part, or navigated for, or in behalf of, any citi-

zen, lands from such vessel, and, on any foreign shore, seizes
any negro or mulatto with intent to make such negro or
mulatto a slave, or decoys, or forcibly brings, or carries, or
receives such negro or mulatto on board such vessel, with

like intent, is a pirate, and shall suffer death.
Running away SEC, 5383. Every captain, other officer, or mariner, of a
withe grepildina vessel on the high seas, or on any other waters within the

admiralty and maritime jurisdiction of the United States,
Aug. 8, 1846, 8.
5.1.1, p. 73: Apr: who piratically or feloniously runs away with such vessel,
30, 1790, s. 8, v. 1, or with any goods or merchandise thereof, to the value of

fifty dollars, or who yields up such vessel voluntarily to
any pirate, shall be fined not more than ten thousand dol-
lars, or imprisoned at hard labor not more than ten years,

or both.
Confederating, SEC. 5384. If any person attempts or endeavors to cor-
A pr. 20,"1790, 8: rupt any commander, master, officer, or mariner to yield up
12, v. 1, p. 115. or to run away with any vessel, or with any goods, wares,

or merchandise, or to turn pirate, or to go over to or confed-
erate with pirates, or in any wise to trade with any pirate,
knowing him to be such, or furnishes such pirate with any
ammunition, stores, or provisions of any kind, or fits out
any vessel knowingly and with a design to trade with, sup-
ply, or correspond with any pirate or robber upon the seas;
or if any person consults, combines, confederates, or cor-
responds with any pirate or robber upon the seas, knowing
him to be guilty of any piracy or robbery; or if any sea-
man confines the master of any vessel, he shall be impris-
oned not more than three years, and fined not inore than

one thousand dollars.
Title 70, chap.8. SEC. 5533. Every accessory after the fact to murder, rob-

Accessory after bery, or piracy, shall be imprisoned not more than three
der, robbery, or years, and fined not more than five hundred dollars.
piracy:
Apr. 30, 1790, s.

11, v. 1, p. 114. See sec, 5324.

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Title 48, chap.5. SEC. 4235. Until further provision is made by Congress,
State regula-all pilots in the bays, inlets, rivers, harbors, and ports of
tion of pilots.
Aug. 7, 1789, 8.

the United States shall continue to be regulated in con4, v.1, p. 54. formity with the existing laws of the States respectively

wherein such pilots may be, or with such laws as the States
may respectively enact for the purpose.

SEC. 4236. The master of any vessel coming into or
States. going out of any port situate upon waters which are the

boundary between two States, may employ any pilot duly

Pilots on bound. aries botwen

5, p. 153.

licensed or authorized by the laws of either of the States, Mar: 2, 1837, v. bounded on such waters, to pilot the vessel to or from such port.

No discriminaSEC. 4237. No regulations or provisions shall be adopted tion in rates of by any State which shall make any discrimination in the pilotage.

July 13, 1866, v. rate of pilotage or half-pilotage between vessels sailing 14, p. 83. between the ports of one State and vessels sailing between Sou note 1. the ports of different States, or any discrimination against vessels propelled in whole or in part by steam, or against national vessels of the United States; and all existing regulations or provisions making any such discrimination are annulled and abrogated.

That any alien who, in the manner provided for by law, Apr. 17, 1874. has declared his intention to become a citizen of the United 18 Stat. L., 30. States, and who shall have been a permanent resident of tailliense din cars the United States for at least six months immediately be licensed as on: prior to the granting of such license, may be licensed, as if fots to serve on already naturalized, to serve as an engineer or pilot upon steam vessels. any steam-vessel subject to inspection under the provisions 4131

, 4138, 4411, of the act entitled "An act to provide for the better security 44138 of life on board of vessels propelled, in whole or in part, ch.121. See title by steam, and for other purposes," approved February zenship. p.440. twenty-eighth, eighteen hundred and seventy-one (2).

That Section forty-four hundred and fifty-eight of the Apr. 6, 1882. Revised Statutes be, and is hereby, amended by striking 22 Stat. L., 40. out of the paragraphı, beginning in the eighth line thereof, Masters, engi: the following words, that is to say “Each Master, chief inates of steamengineer, and first class pilot licensed as herein provided shall pay for every certificate granted by any inspector or Substitute for inspectors the sum of ten dollars and every chief Mate, Part of R. S., seo. engineer, and pilot of an inferior grade shall pay for every 1886, June 19, certificate so granted the sum of five dollars” and insert See title Aliens in lieu thereof the following “Each Master, engineer, and citizenshin: pilot, and Mate licensed as herein provided shall pay for r. s., in regard every certificate granted by any inspector or inspectors (3) gineers and pi: the sum of fifty cents."

lots. See note 3. Also, 16 Stat. L., Feb. 28, 1871, sec. 14, p. 446.

1884, June 26,

See note 2.

ers to pay license fee.

Note 1.--Government ressels are not required to employ and pay branch pilots upon entering the ports and harbors of the United States. The exemption extends to all public vessels whether armed or not. (Op., IV, 5:32, Sept. 9, 1846, Mason.)

The penalties imposed by State laws for piloting vessels without due license from the State, have no application to persons employed an pilots on board public vessels of the United States, the latter vessels being within the exclusive jurisdiction of the United States. (Op., XVI, 647, Oct. 22, 1879.)

The term " public vessels" does not apply to vessels of the Navy alone. Within the meaning of the inspection and navigation laws public vessels are those owned by the United States, and those nised by them for public purposes. Those Jaws warrant no distinction between public vossels under the control of the Navy Department and public vessels under the control of auy other department of the GovernInent. Unlicensed pilots and engineers can be lawfully employed on them. (Op., XIII, p. 249. Hoar, June 1, 1870.)

Note ?,- The provisions of the act of 1871, ch. 100 (16 Stat. L., 440), here referred to, are incorporated into Revised Statutes in secs. 4399-4500.

Note 3.-By 1886, June 19, ch. 421, s. 1, p. 492, this fee is abolished, but as inspect. ors aro to be paid from the Treasnry such compensation

as they would have received prior to that date, this is retained as possibly in force for some purposes. But see R.S., sec. 4114.

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