Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/60

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§ 1152. next power of congress is, "to define and punish piracies and felonies committed on the high seas, and offences against the law of nations."

§ 1153. By the confederation the sole and exclusive power was given to congress "of appointing courts for the trial of piracies and felonies committed on the high seas." But there was no power expressly given to define and punish piracies and felonies. Congress, however, proceeded to pass an ordinance for the erection of a court for such trials, and prescribed the punishment of death upon conviction of the offence. But they never undertook to define, what piracies or felonies were. It was taken for granted, that these were sufficiently known and understood at the common law; and that resort might, in all such cases, be had to that law, as the recognised jurisprudence of the Union.

§ 1154. If the clause of the constitution had been confined to piracies, there would not have been any necessity of conferring the power to define the crime,