102.  The  8th  section  of  the  act  of  1790,  c.  36.  is  not  re-
pealed by  the  act  of  the  3d  of  March,  1819,  c.  76»  to  protect


r


ADMIRALTY.  if

tbe  tomtaaeree  of  the  United  Stutes,  and  ponisb  die  crime  of
piracy.     The  United  ^atei  v.  I\ifUngetal.  6  WUat.  184. 182.
103.  Id  an  indictoieot  for  a  piratical  nnirder,  (under  the  act
of  1790,  c.  36.)  it  is  not  oeceMary  that  it  should  allege  the
prisoner  to  be  a  citizen  of  the  United  States,  nor  that  the  crime
was  commiited  on  board  a  vessel  belonging  to  citizens  of  the
United  States ;  but  it  is  sufficient  to  charge  it  as  committed  from
on  board  sacb  a.  vessel  by  a  mariner  sailing  on  board  such  a  ves-
sel   lb.  194.
104.  The  vrords,.  "  out  of  the  jurisdiction  of  any  particular
State,"  in  the  act  of  1790,  c.  36.  8.8.  are  construed  to  mean  out
of  the  jurisdiction  of  any  particular  State  cfihe  Union*  lb,  200.
105.  A  commission  issued  by  a  person  claiming  to  be  the
officer  of  a  republic  whose  existence,  de  facio  or  de  jure^  is  un«
acknowledged  by  the  United  States,  will  not  authorize  captures
atsea«     The  Untied  States  v.  KUniock,  5  Wheat.  144.  149.
106.  QiMere,  Whether  a  person,  acting  with  good  faith  under
such  a  commission,  is  guilty  of  piracy  i    lb.
107.  However  this  may  be,  in  general,  under  the  peculiar  cir*
eamstances  of  a  case,  showing  that  tbe  seizure  was  made,  not
jftre  beHit  but  animo  Jurandif  the  commission  will  not  exempt  the
offender  from  the  charge  of  piracy.    /6.
