The whole description of the crime is "murder or robbery" "upon the high seas."
The third section of the Act of 1820 adds to that simple description of criminality certain words not at all tautological, but making other acts equivalent to the same crime. The section provides that, "if any person shall, upon the high seas, or in any haven, &c., commit the crime of robbery in or upon any ship or vessel, or upon any of the ship's company of any ship or vessel, or the lading thereof, such person shall be adjudged to be a pirate, and, being thereof convicted," "shall suffer death." Beyond the simple word, "robbery," is added, "in or upon any ship or vessel, or upon any of the ship's company of any ship or vessel, or the lading thereof."
Judge Nelson: The fifth section of the Act of March 3d, 1819, provides for piracy on the high seas according to the law of nations. The previous Act of 1790, and the third section of the Act of 1820, prescribe the punishment of the crimes of murder and robbery on the high seas.
The District Attorney: The Act of 1820 does not refer to murder, only to robbery on the high seas.
Judge Nelson: It denominates as a pirate a person guilty of robbery on the high seas.
Mr. Evarts: But the body of the crime is the robbery, and not the epithet.
Mr. Brady: That is the question.
Mr. Evarts: But, in the fifth section of the Act of 1819, the provision is, that "if any person shall, on the high seas, commit the crime of piracy as defined by the law of nations."
Judge Nelson: That is a different offence.
Mr. Evarts: Yes, and is open always to the inquiry, what the law of nations is.