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very generally prohibited by statute. The term "monopoly" has also been used, somewhat in the sense of engrossing, to designate the act of a person or corporation in obtaining the control of a particular commodity, or of a particular industry, without any grant of exclusive rights or privileges by the state. In this sense, like engrossing, it is not now a crime unless there is a combination of several persons to accomplish such an end, in which case the combination may be punishable as a criminal conspiracy.507

VII. OFFENSES AGAINST THE LAW OF NATIONS.

482. In General.

Many acts are punished as offenses against the law of nations, among others, piracy, violation of safe-conducts or passports, and infringement of the rights of ambassadors. The law of nations is that universal law of society which regulates the mutual intercourse between one state and another. Blackstone says: "The law of nations is a system of rules, deducible by natural reason, and established by universal consent among the civilized inhabitants of the world, in order to decide all disputes, to regulate all ceremonies and civilities, and to insure the observance of justice and good faith in that intercourse which must frequently occur between two or more independent states, and the individuals belonging to each. This general law is founded upon this principle: That different nations ought, in time of peace, to do one another all the good they can, and, in time of war, as little harm as possible, without prejudice to their own real interests. And, as none of these states will allow a superiority in the other, therefore neither can dictate or prescribe the rules of this law to the rest; but such rules must necessarily result from those principles of natural justice in which all the learned of every nation agree; or they depend upon mutual compacts or treaties between the respective com

507 Ante, §§ 147-149.

munities, in the construction of which there is also no judge to resort to but the law of nature and reason, being the only one in which all the contracting parties are equally conversant, and to which they are equally subject. In arbitrary states, this law, wherever it contradicts, or is not provided for by, the municipal law of the country, is enforced by the royal power; but since in England no royal power can introduce a new law, or suspend the execution of the old, therefore the law of nations (wherever any question arises which is properly the object of its jurisdiction) is here adopted in its full extent by the common law, and is held to be a part of the law of the land. * * * Offenses against this law are principally incident to whole states or nations, in which case recourse can only be had to war, which is an appeal to the God of hosts to punish such infractions of public faith as are committed by one independent people against another; neither state having any superior jurisdiction to resort to upon earth for justice. But where the individuals of any state violate this general law, it is then the interest as well as duty of the government under which they live to animadvert upon them with becoming severity, that the peace of the world may be maintained.”508

In this country, as we have seen, the federal courts have no common-law jurisdiction in criminal matters. They can punish no act until congress has made it a crime, affixed the punishment, and conferred upon them jurisdiction of the offense.509 Without this, therefore, they could not punish offenses against the law of nations. The power of congress in the matter depends, of course, upon the constitution of the United States. That instrument expressly confers upon congress the power to define and punish piracies and felonies committed on the high seas, "and offenses against the law of nations."510 This gives congress full power to provide for the punishment of any act

508 4 Bl. Comm. 66.

509 Ante, § 12b.

510 Const. U. S. art. 1, § 8

whatever which is an offense against the law of nations,511 and it has exercised this power in a number of cases. In such of our states as administer the common law of crimes, offenses against the law of nations are doubtless punishable by the state courts. 511a

483. Piracy.-Piracy is robbery and depredation upon the high seas. It is an offense against the law of nations, and a felony, punishable by death, except where a different punishment is prescribed by statute.

Piracy has, from the earliest times, been regarded as a crime against the law of nations. "A pirate is one who roves the sea in an armed vessel, without any commission from any sovereign state, on his own authority, and for the purpose of seizing by force and appropriating to himself, without discrimination, every vessel he may meet. For this reason, pirates, according to the law of nations, have always been compared to robbers, the only difference being that the sea is the theater of the operations of one, and the land of the other. And as general robbers and pirates upon the high seas are deemed enemies of the human race, making war upon all mankind indiscriminately, the vessels of every nation have a right to pursue, seize, and punish them.”512 The offense of piracy, by the common law, the law of nations being a part of the common law, "consists in committing those acts of robbery and depredation upon the high seas which, if committed upon land, would have amounted to a felony there."513 Stephen says: "Piracy, by the law of nations, is taking a ship on the high seas, or within the jurisdiction of the Lord High Admiral, from the possession or control of those who are lawfully entitled to it, and

511 See U. S. v. Arjona, 120 U. S. 479.

511a Respublica v. De Longchamps, 1 Dall. (Pa.) 111, Mikell's Cas. 33.

512 Nelson, J., in Trial of Officers of The Savannah, p. 371. See, generally, 4 Bl. Comm. 71; Rex v. Dawson, 13 How. St. Tr. 454. 513 4 Bl. Comm. 72.

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carrying away the ship itself, or any of its goods, tackle, apparel, or furniture, under circumstances which would have amounted to robbery if the act had been done within the body of an English county. Whoever commits piracy, by the law of nations, is liable (it seems) to the same punishment as if the act constituting piracy had been committed within the body of an English county.' In the United States, as we have seen, the federal constitution expressly authorizes congress to define and punish piracies and felonies on the high seas, and offenses against the law of nations; and, in pursuance of such authority, an act has been passed by congress punishing by death any person who shall commit the crime of piracy "as defined by the law of nations," and who shall be brought into or found in the United States.515

484. Violation of Safe-Conducts or Passports.

It is an offense against the law of nations to violate safeconducts or passports expressly granted by the sovereign or chief executive of a nation or his ambassadors to the subjects of a foreign power in time of mutual war, or to commit acts of hostility against such as are in amity, league, or truce, and are in the country under a general implied safe-conduct, and one who committed such an offense was indictable at common law.516 In this country, under the power to define and punish offenses against the law of nations, congress has passed an act expressly punishing, by imprisonment and fine, any person "who violates any safe-conduct or passport duly obtained or issued under authority of the United States."517

514 Steph. Dig. Crim. Law, art. 104.

515 Const. U. S. art. 1, § 8; Rev. St. U. S. § 5368 et seq. See U. S. v. Palmer, 3 Wheat. (U. S.) 610; U. S. v. Klintock, 5 Wheat. (U. S.)

144; U. S. v. Holmes, 5 Wheat. (U. S.) 412.

516 4 Bl. Comm. 68.

517 Rev. St. U. S. § 4062.

485. Infringement of Rights of Ambassadors.

The common law of England recognized to the full extent the rights and privileges of ambassadors as established by the law of nations, and punished violations thereof.518 In this country, congress has prescribed a punishment and fine for assaulting, wounding, imprisoning, or in any other manner offering violence to the person of a public minister, "in violation of the law of nations."519 Such of our states as recog

nize the common law of crimes punish these offenses as at common law.5:

519a

518 4 Bl. Comm. 70.

519 Rev. St. U. S. § 4062. See 2 Whart. Crim. Law, § 1899; U. S. v. Jeffers, 4 Cranch, C. C. 704, Fed. Cas. No. 15,471; U. S. v. Liddle, 2 Wash. C. C. 205, Fed. Cas. No. 15,598; U. S. v. Ortega, 4 Wash. C. C. 531, 11 Wheat. 467, Fed. Cas. No. 15,971.

519a Respublica v. De Longchamps, 1 Dall. (Pa.) 111, Mikell's Cas. 33.

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