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United States v. Furlong

Citations: 18 U.S. 86; 5 Wheat. 86

Court: Supreme Court of the United States; March 1, 1820; Federal Supreme Court; Federal Appellate Court

Narrative Opinion Summary

The Supreme Court reviewed cases concerning piracy and murder at sea, focusing on the interpretation of the Acts of 1790 and 1819. The Court reaffirmed that individuals involved in piratical activities lose their national character, making them subject to punishment under the 1790 act. The Court also clarified that U.S. jurisdiction extends to murders committed from American vessels, irrespective of the vessel's status. It distinguished between piracy, a universally punishable crime, and murder, which does not have universal jurisdiction. The Court emphasized that the 1790 act's general terms should encompass cases fitting their natural meaning and that vessels with a piratical character lose foreign status, affecting jurisdictional considerations. It addressed the irrelevance of official documentation for prosecuting piracy and interpreted 'out of the jurisdiction of any particular state' as referring to being outside U.S. state jurisdiction. The Court concluded that each indictment count is substantive, allowing for judgment if any count supports the verdict. The cases of Furlong, Griffen, Brailsford, Bowers, and Mathews were examined, with the 1790 Act upheld for piracy prosecution, and its repeal by the 1819 Act dismissed. The rulings reinforced U.S. jurisdiction over piracy and murder linked to American vessels, despite foreign involvement.

Legal Issues Addressed

Distinction between Piracy and Murder

Application: The court distinguishes that piracy is universally punishable, whereas murder lacks universal jurisdiction.

Reasoning: Distinctions between piracy and murder are emphasized, noting that piracy is universally recognized and punishable by all nations, while murder lacks such universal jurisdiction.

Interpretation of 'Out of the Jurisdiction of Any Particular State'

Application: The phrase in the 1790 Act refers to being outside the jurisdiction of any U.S. state.

Reasoning: Additionally, arguments that offenses committed on vessels anchored near shore do not fall under the act of 1790 are dismissed, clarifying that 'out of any particular state' refers to being outside the jurisdiction of any U.S. state.

Interpretation of the 1790 Act

Application: The court interprets the 1790 act based on Congress's punishing powers, emphasizing that general terms should include cases within their natural meaning.

Reasoning: The author argues that the legislative intent behind the 1790 act should be interpreted based on the punishing powers of Congress, suggesting that the law's general terms should not exclude cases that fit their natural meaning.

Jurisdictional Issues of Vessels with Piratical Character

Application: The court determines that vessels assuming a piratical character lose their foreign status, limiting jurisdictional issues to certain cases.

Reasoning: The act of 1790 implies that once a vessel takes on a piratical character, it loses its foreign status, limiting jurisdictional issues primarily to cases involving foreign crew members attacking their own vessels or individuals coming from shore.

Jurisdiction over Murder Committed at Sea

Application: The court ruled that the United States maintains the right to prosecute murders committed from its vessels, irrespective of the vessel's status.

Reasoning: It ruled that the United States maintains the right to prosecute offenses committed from its vessels, regardless of the vessel's status as a pirate or American.

Piracy under the Act of 1790

Application: The court applies the principle that individuals participating in a piratical cruise lose all claims to national character, making them punishable under the 1790 act.

Reasoning: It concluded that individuals participating in a piratical cruise lose all claims to national character, rendering them equally punishable under the 1790 act, regardless of their nationality or the vessel's status.

Relevance of National Character Documentation

Application: The court asserts that official documentation is unnecessary to establish the national character of plundered vessels for piracy prosecution.

Reasoning: The legal argument against the necessity of official documentation to establish the national character of plundered vessels is presented, emphasizing that ownership can differ from registered documentation.

Substantive Nature of Indictment Counts

Application: Each count in an indictment is treated as a distinct charge; if any count supports the verdict, it is sufficient for judgment.

Reasoning: The court also affirmed that each charge in an indictment is substantive, meaning if any count supports the verdict, it suffices for judgment.