2 Wheel. Cr. Cas. 543 | U.S. Cir. Ct. | 1817
The court decided, that the commissions should go to the jury, merely as papers found on board the vessel. But on the main question, the court was of opinion, that a nation became independent from its declaration of independence, only as respects its own government, and the various departments thereof. That before it could be considered independent by the judiciary of foreign nations, it was necessary that its independence should be recognized by the executive authority of those nations. That as our executive had never recognized the independence of Buenos Ayres, it was not competent to the court to pronounce its independence. That, therefore, the court could not acknovrledge the right of that country-to have a national seal, and of course that the seals attached to the commissions in question, prove nothing.
Upon this state of the testimony, the case was argued before "the jury. The cause occupied the whole of Thursday and Friday. In the course of the argument, Mr. Upshur made the point, whether by the act of con
The court being appealed to for the interpretation of the law, decided that it was not necessary that robbery should be punishable by death when committed on land, in order to amount to piracy if committed on the ocean; but as two judges, (for. both of whom the court entertained the highest respect,) had pronounced opposite decisions upon it,, the court could not undertake to say that it was not at least doubtful.
Mr. Murdaugh contended, that the acceptance of these commissions amounted to an act of expatriation. Mr. Wirt, on the other hand, insisted that it was not competent to any one to change his national character by his own act alone, without the concurrent act of the government lie adopted.
The jury retired at candle-light on Friday evening, and in about ten minutes returned a verdict of Not Guilty.