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From John Marshall

Dear Sir:

I received this morning yours of the 26th. The cases which will come before you in Philadelphia, if the indictments are drawn on the last act of Congress must depend, if the accused are guilty, on the very point I have adjourned to the supreme court, because that question whether, in any case whatever, a communication can take place under that act. In the trial at Richmond the evidence was perfectly clear & the case was unequivocally a case of piracy according to the laws of every civilized nation. The doubt I entertain is whether there is any such thing as Piracy as “defined by the laws of nations.”1

All nations punish robbery committed on the high seas by vessels not commissioned to make captures, yet I doubt seriously whether any nation punishes otherwise than by force of its own particular statute.

This account given by the editor of the union is not correct. The subscription was four dollars per annum instead of five unless the subscriber was in arrears & I was in advance. I had paid to Col. Gamble, the authorized agent of Mr. Bronson, when the Gazette of the United States became the Union it was advertised that in future the paper would be five dollars, but that this charge would not affect those who were in advance for the paper until the time for which they had paid should elapse. I was then in advance to last June, consequently I only owe for that time. I am not however disposed to quibble about it. Mr. Bronson I presume has sold out his accounts with his paper and has credited me only from the time his agent has settled with him, in consequence of which he has charged me five instead of four dollars. I request you therefore to pay the amount.

I am dear Sir yours <mutilated>

J. Marshall.

Source Note

L, ViW: John Marshall Papers. Transcribed from typescript.

1. John Marshall presided over a case involving piracy, and its definition according to international law, before the Circuit Court for Virginia in 1819. This case was adjourned to the Supreme Court and addressed during the February term of 1820