ST. HELENA 273 



His Honour the Chief Justice, in delivering the charge to the 

 Grand Jury, made some preparatory observations on the origin 

 and constitution of Courts appointed for the trial of offences com- 

 mitted on the high seas. He stated that, previously to an Act of 

 Parliament passed in the reign of Henry VIII for the " Punishment 

 of pirates and robbers of the sea," all such offences were brought 

 before the Lord High Admiral according to the rules of Civil Law ; 

 but as that mode of trial was deemed inconsistent with the liberties 

 of the subject, and as no man's life could, consistently with our 

 laws, be taken away without judgment of his peers, a new juris- 

 diction was established by which all persons accused of felonies, 

 robberies or murders committed on the high seas should be tried 

 by a jury of twelve men according to the course of Common Law, 

 as if such offence had been committed on land ; and under this 

 statute a commission was directed to certain persons named therein 

 and afterward extended to the colonies to avoid bringing witnesses 

 and prisoners from distant parts. 



Admiralty Sessions. — " Slavery." 



An Act was passed in the reign of George III. by which the like pow- 

 ers and authorities were given to certain Commissioners to inquire, 

 try, determine, in any of our islands, plantations and Colonies, 

 offences committed on the high seas. His Honour referred to the 

 various statutes relative to the subject of piracy. The crimes 

 which would be brought before them originated in the resistance 

 made by two slave-vessels against the boats of H.M.S. Wasp on 

 their approach to board and search the said vessels. A severe 

 and desperate conflict had taken place, in which several seamen 

 of the Wasp were wounded, some dangerously, and several of the 

 slaver's crew were killed. The prisoners were also charged with 

 feloniously shooting with intent to murder, to maim, to disable, 

 to do some grievous bodily harm, or to prevent lawful detaining. 

 The number of prisoners were upwards of thirty, comprising the 

 persons found on board the two Brazilian vessels Gaio and Galgo. 

 The Grand Jury were doubtless aware of the great but unsuccessful 

 exertions made by England to suppress the slave trade ; and had 

 other nations been equally sincere in their professions to repress 

 this guilty traffic, no doubt it had long since been extinguished, 

 at least, so far as the civilized world was concerned. But slavery 

 had existed under the sanction of Laws of Nations from the earliest 

 ages of the world until the last half century. Commission Courts 

 were established for the condemnation of Brazilian vessels engaged 

 in the slave trade, and an Act of Parliament passed was to authorize 

 the adjudication of Brazilian vessels engaged in slave-trade by 

 Vice Admiralty Courts. But the 8th and gth of Victoria, which gave 

 this authority concerning the vessels and the cargoes of such vessels, 

 gave no authority with regard to the persons found on board ; 

 nor were foreigners (not being under the protection of our laws) 

 amenable to them for any acts committed in a country or place 

 not subject to the dominion of Great Britain, and so beyond the 



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