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United States v. John D. Quincy, The 445 (1832)

handle is hein.slavery/ussccases0132 and id is 1 raw text is: JANUARY TERM 1832. TRY, UNITED STATES V. JOHN 1). QuIc. Indictment under the third seciion of the act for the punishment of certin crimes against the United States, &c. passed April 20, 1818. The indictment charged the defendant with being knowingly concerned in the fitting out, in the port of Baltimore, a vessel, with intent to employ her in the service of a foreign people, the United Provinces of Buenos Ayres; against the sub- jects of the emperor of Brazil, with whom the United States were at peace. The vessel went from Baltimore to St Thomas, and was there fully armed. She afterwards cruised under the Buenos Ayrearf flag. To bring the defendant within the words of the act, it is not necessary to charge him with being con- cerned in fitting out and arming 1he vessel; the words of the act are fitting out or arming. Either will constitute the offence. It i3 sufficient if he in- dictment charges the offence in the words of the act. It is true, that with respect to those who have been denominated at the bar, the chief actors, the law would seem to make it necessary that they should be charged with fitting out and arming. The words may require that both shall concur, and the vessel be put in a condition to cou-nit hostilities in order to bring her within the l;iw; but an attempt to fit out and arm is made an offence. This is certainly doing something short of a complete fitting out and arming. To attempt to do an act does not, either in law or in common parlance, imply a completion of the act, or rny definite progress towards it. Any effort or endea- vour to effect it, will satisfy the terms of the law. It is not necessary that the vessel, when she left Baltimore for St Thomas, and during the voyage from Baltimore to St Thomds, was armed, or in a condition to commit hostilities, in order to find the defendant guilty of the offence charged in the indictment. The defence consists, principally, in the intention with which the preparations to commit hostilities were made. These preparations, according to the very terms of the act, must be made within the limits of the United States; and it is equally necessary that the intention with respect to the employment of the vessel, should be formed before she leaves the United States. And this must be a fixed intention; not conditional or contingent, depending on some future arrangements. This intention is a question belonging exclusively to the jury to decide. It is the material point, on which the legality or criminality of the act must turn; and decides whether the adventure is of a commercial or a war- like character. The law does not prohibit armed vessels belonging to citizens or the United States from sailing out of our ports; it only requires the owners to give security thAt such vessels shall not be endployed by them w commit hostilities against foreign powers at peace with thc United States. The collectors are not authoised to detain vessels, although manifestly built for warlike purposes, and about to depart from the United States; unless circum- stances shall render it piobable that such vessels are intended to be employed by the owners to commit hostilities against some foreign power, at peace with the United Statec. Al' the latitude, therefore, necessary for commercial pur- peses ii given to our citi7ens; an,l they are restrained only from such act. as are calculated to involve the country in wan. If the defendant w as knowin'gly concerned in fitting out the vessel within the

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