"Under  Mr.  Wheaton's  definition,  to  make  cruisers  of  insurgent  Gov-
ernments pirates,  they  must  be  ^depredators.'  That  this  is  all  be
meant  by  his  definition,  is  clear  when  we  take  in  connection  with  it  his
reference  to  United  States  r.  Klintock  (5  Wheat.,  153),  where  the  court,
according  to  Mr.  Wheaton's  own  head-note,  declined  to  decide  whether
the  term  *  piracy '  applies  to  *a  person  acting  with  good  faith  under
such  a  commission,'  i.  6.,  a  commission  from  ^a  republic  whose  existence
is  unknown  and  unacknowledged.'  Nor  can  we  exclude  from  consid-
ering, as  construing  Mr.  Wheaton's  statement  in  his  text- book,  the  note
on  piracy  (in  6  Wheat,  167), to  which  he  refers  us;  a  note  which  binds  Mr.
