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The Daily Dispatch: October 7, 1861., [Electronic resource] 4 0 Browse Search
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The Daily Dispatch: October 7, 1861., [Electronic resource], Privateering — its history, law, and Usage. (search)
issued; but if acts are committed which by treaty stipulations or international law are deemed piratical, the vessel loses its national character, and becomes amenable to the tribunals competent to decide upon this heinous offence. Sir. Leoline Jenkins, in his charge at the Admiralty Sessions, at the Old Bailey, in 1668, says: "A robbery, when 'tis committed on land, does imply three things: 1st. That there be a violent assault. 2d. That a man's goods be actually taken from his pe He, however, carefully guard against the idea that a mere excess of power in a lawfully commissioned ship is sufficient to constitute piracy, and in this respect follows the practice of the English courts, as laid down in the charge of Sir. L. Jenkins, who says that. "If a man do take such a commission and serve under it, then 'tis no robbery to assault, subdue, and despoil his lawful enemy, nor yet to seize and carry away a friend supposed to be an enemy, provided he do bring that fri