Speech of Delos Lake Esq On the Trial of Hogg And Others Before a Militar
Speech of Delos Lake Esq On the Trial of Hogg And Others Before a Militar
Delos Lake
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* If, therefore, the jury believe the evidence, that the prisoner with his associates, did conspire to seize the schooner and run away with her against the will of her master and crew, and meant in the pros- ecution of such conspiracy, if necessary, to kill whoever should oppose them in executing their project ; that the prisoner was the chieftain and actually present on board, aiding and assisting in accomplishing the project by all the means in his power, and one of the associates did on that... occasion, kill the unhappy passenger in aid of the general design, I hold, that the homicide so perpetrated was murder, and that the prisoner and all his associates then pres- ent were principals in guilt. " 9 Halleck (p. 162) says : " That beyond its territorial limits, a State may exercise jurisdiction for special purposes as over its own public and private vessels on the high seas, and its public, and to a certain extent, its private vessels in foreign ports. " And at page 172, the same author says : " The rule of law and the comity and practice of nations allow a merchant vessel of one State coming into an open port of another, to bring with her and to keep over her, to a very considerable extent, the jurisdiction and authority of the laws of her own country ; excluding to this extent, by consequence, the jurisdiction of the local law.
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