274 ST. HELENA 



jurisdiction of any English Court. His Honour observed that 

 the only exception to this was piracy ; for all pirates, being rovers 

 and robbers on the seas, are enemies to all, and sailing under no 

 flag, every nation had a right to inflict that punishment on them 

 which their crime deserved. But the slave-trade was not piracy 

 by the law of nations nor by Treaty until made so by the Municipal 

 Law of the countries keeping the Treaty ; nor even then cognizable 

 by a foreign country until a legislative measure is passed to sanction 

 the jurisdiction of their Courts. For, notwithstanding the con- 

 vention with Brazil, wherein the first article declares that the 

 carrying on of the slave-trade by any person subject to the Emperor 

 of Brazil shall be deemed and treated as piracy, yet there was no Act 

 of Parliament which authorized a British Court to try and punish 

 a subject of Brazil for carrying on the slave-trade ; although there 

 was an Act authorizing the confiscation of their vessels. So the 

 two important questions arise in this case whether the prisoners 

 are foreigners and whether they have committed any offence that 

 amounts to piracy. It was for the jury to consider whether the 

 resistance made was piratical or justifiable as made in ignorance 

 of any right which H.M. boats had to search and detain them, 

 and under an idea that they were only acting in self-defence. His 

 Honour endeavoured to impress on the minds of the Grand Jury 

 the great importance of the subject submitted to their considera- 

 tion, and the necessity of devoting their most serious attention 

 to the arduous and important duties which they were called upon 

 to perform duties which were important as regarded the fate 

 of the prisoners important as regarded the great question of 

 the slave-trade, and so affecting our relations with Brazil. The 

 Bills of indictment being given to the Grand Jury, they retired, 

 and on their return into Court found true bills against all the 

 prisoners. The survivors of the crew of the Gaio, thirteen in 

 number, were then placed in the dock. An interpreter, Mr. Peter 

 Christian Gurner, was sworn in consequence of the prisoners not 

 appearing to understand the proceedings. They were then severally 

 arraigned upon the indictment, which charged them with piratically 

 and feloniously shooting at one Austin Elson upon the high seas 

 within the jurisdiction of the Court with intent to kill and murder 

 him ; a second count charged them with being present aiding 

 and abetting a certain person to the jurors unknown in committing 

 the said piracy and felony. 



Prisoners all pleaded not guilty. 



Mr. T. E. Thompson appeared for the prisoners but made no ob- 

 jection, on their behalf, to the proceedings. 



The Queen's advocate stated the case for the prosecution and 

 briefly related the circumstances connected with the offence, with 

 which they were indicted. He reminded the jury of the great 

 exertions which had been made by Great Britain to abolish slavery 

 and the slave trade throughout the world. He referred to the treaties 

 which have been entered into with nearly thirty independent states 

 for the suppression of the slave trade and particularly the convention 



