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so many of the public armed vessels, as, in his judgment, the service may require, with suitable instructions to the commanders thereof, in protecting the merchant vessels of the United States and their crews from piratical aggressions and depredations. Query, Whether a person, acting with good faith under such a commission, may be guilty of piracy? Ibid. However, this may be, in general, under the particular circumstances of this case, showing that the seizure was made not jure belli, but animo furandi, the commission was held not to exempt the prisoner from the charge of piracy. Ibid. The extends to all persons, on board all vessels, which throw off their national character by cruising piratically, and committing piracy on other vessels. Ibid. The act of the 3rd March, 1819, ch. 77, sec. 5, referring to the law of nations for a definition of the crime of piracy, is a constitutional exercise of the power of Congress to define and punish that crime. United States v. Smith, 5 Wheat. 153; 4 Cond. Rep. 619. The crime of piracy is defined by the law of nations with reasonable certainty. Ibid. Robbery, or forcible depredation, upon the sea, animo furandi, is piracy by the law of nations, and by the act of Congress. Ibid. The eighth section of the for the punishment of certain crimes against the United States, is not repealed by the act of the 3d of March, 1819, ch. 77, to protect the commerce of the United States, and to punish the crime of piracy. United States v. Furlong, alias Hobson et al., 5 Wheat. 184; 4 Cond. Rep. 623. In an indictment for a piratical murder (under the sec. 8), it is not necessary that it should allege the prisoner to be a citizen of the United States, nor that the crime was committed on board a vessel belonging to citizens of the United States; but it is sufficient to charge it as committed from on board such a vessel, by a mariner sailing on board such a vessel. Ibid. The words “out of the jurisdiction of any particular state,” in the sec. 8, are construed to mean, out of the jurisdiction of any particular state of the Union. Ibid. A vessel lying in an open roadstead of a foreign county, is “upon the high seas” with the sec. 8. Ibid. A citizen of the United States fitting out a vessel in a port of the United States, to cruise against a power in amity with the United States, is not protected by a foreign commission from punishment for any offence comitted against the property of citizens of the United States. Ibid. The courts of the United States have jurisdiction of a murder committed on the high seas from a vessel belonging to the United States, by a foreigner being on board such vessel, upon another foreigner being on board of a foreign vessel. It is not necessary to produce documentary evidence, in order to prove the national character of a vessel, on an indictment for piracy. Ibid. The courts of the United States have not jurisdiction of a murder committed by one foreigner on another foreigner, both being on board a foreign vessel. Ibid. It is competent in an indictment for piracy, for the jury to find that a vessel within a marine league of the shore, at anchor, in an open roadstead, where vessels only ride under shelter of the land at a season when the course of the winds is invariable, is upon the high seas. Ibid. The act of 3d March, 1819, ch. 77, sec. 5, furnishes a sufficient definition of piracy; and it is defined to be “robbery on the seas.” Ibid. A vessel loses her national character by assuming a piratical character; and a piracy committed by a foreigner from on board such a vessel, upon any other vessel whatever, is punishable under the eighth section of the Ibid. On an indictment for piracy, the jury may find the national character of a vessel upon such evidence as will satisfy their minds; without the certificate of registry, or other documentary evidence, being produced; and without proof of their having been seen on board. Ibid. On an indictment for piracy, the national character of a merchant vessel of the United States may be proved without evidence of her certificate or registry. Ibid. The courts of the United States have jurisdiction under the of murder or robbery committed on the high seas; although not committed on board a vessel belonging to citizens of the United States, as if she had no national character; but was held by pirates, or persons not lawfully sailing under the flag of any foreign nation. The United States v. Holmes, 5 Wheat. 412; 4 Cond. Rep. 708. In the same case, and under the same act, if the offence be committed on board of a foreign vessel by a citizen of the United States; or on board a vessel of the United States by a foreigner; or by a citizen or foreigner on board of a piratical vessel; the offence is equally cognisable by the courts of the United States. Ibid. It makes no difference in such a case, and under the same act, whether the offence was committed on board of a vessel, or on the sea; as by throwing the deceased overboard and drowning him, or by shooting him when in the sea though he was not thrown overboard. Ibid. In such a case, and under the same act, where the vessel from on board of which the offence was committed, sailed from Buenos Ayres, where she had enlisted her crew; but it did not appear by legal proof that she had a commission from the government of Buenos Ayres, or any ships’ papers or documents from that government, or that she was ever recognised as a ship of that nation, or of its subjects, or who were the owners, where they resided, or when or where the vessel was armed and equipped; but it did appear in proof, that the captain and crew were chiefly Englishmen, Frenchmen, and citizens of the United States; that the captain was by birth a citizen of the United States, domiciled at Baltimore, where the privateer was built: Held, That the burthen of proof of the national character of the vessel, was on the prisoners. Ibid. General piracy, or murder, or robbery, committed by persons on board a vessel, not at the time belonging to the subjects of any foreign power, but in possession of a crew, acting in defiance of all law, and acknowledging obedience to no government whatever, is within the 8th section of the