But, turning from the subject of the commission as established, let us
examine the other phases involved in the charge. Piracy consists of
murder and robbery in a spirit of universal hostility toward humanity
(the _animus furandi_ of Woolsey's paragraph). Jones directed his
attacks at England alone. There was no killing unless in open combat;
no robbery except by taking ships and property in open warfare, and
surely Jones' conduct with regard to Selkirk's plate was not that of a
robber or a pirate! By the law of nations a pirate, whatever his
nationality, is subject to the jurisdiction of any country. Thus, an
English pirate caught by the French Government, or a French pirate
caught by the English Government, would be summarily dealt with
without the slightest reference to the country of his nationality. If
Jones had been a pirate France would either have made short work of
him, or else have incurred the odium of humanity as an abettor of
piracy.
His acts were not those of an irresponsible person or a body of people
who sent him forth with malicious intent, but were undertaken for
distinctly political purposes at the instance of an undoubted body
politic. These purposes were: (1) The protection of our coasts by
showing the vulnerability of the coasts of England. (2) The stoppage
of the ravages on our seaboard, by demonstrating some of their horrors
in the land of the ravagers. (3) The securing of prisoners by which
the principle of exchange should be established, and thus our citizens
released from a captivity in which they were treated with scant regard
to the laws of humanity. (4) The breaking up of the enemy's commerce
and the impairment of his material resources, so that the burden of
consequences would induce him to end the war and recognize our
independence. (5) The making of a diversion in the north which would
facilitate the proposed grand operations of the French and Spanish
fleets in the south. These are legitimate motives in the highest
sense. They are of the deepest importance, and they constitute a brief
catalogue of his accomplishments. Add to the list the shattering of
British prestige by his hard and successful fighting, and mention the
way he contrived to force the Netherlands finally to declare for the
United States, and we have a catalogue of achievements of which any
one might be proud.[63]
Public-domain text, read in full here on John Shaqi.
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