Well, now, we are at once struck with this consideration: Suppose the act is regarded as not piratical by millions of people having civilized institutions, having Courts of Justice, giving every opportunity for a trial of the question of forfeiture or no forfeiture--why, it shocks the moral sense to say that that is done _animo furandi_, that it is a theft and a robbery, and that the man who does it is an enemy to the human race. Carry the idea a little further, and you find that the commission under which a man acts in seizing a vessel with a view of bringing it in as a prize is regarded by all the great commercial nations of the world as regular, and that the act is regarded not as a piratical, but as a belligerent act. Does it not shock the very elements of justice to have it supposed that in such a case the man acting under the commission, and within its powers, is to be deemed an enemy of the whole human race, while all the human race, except the power which seeks to subject him to punishment, says the act is not piratical? Now, upon this subject my learned friends have cited many authorities, which all bear on the effect of what should give validity to the transfer of captured property under the circumstances of rebellions in States. Now I beg leave, at the outset of the consideration of this case, to say that the question of passing title to property is a thing entirely different from the question of hanging a man for committing a crime. In the first place, look at the numerous acts of trespass which are committed on the high seas by vessels of every nation. The books are full of cases of marine trespass, and of damages against captors for their irregularities; but are the authorities which bear upon that subject, which is a mere question of property--a question of title--of the mere transfer of title--are they authorities which decide the question that a man should be hanged if he mistakes the law, or if he acts under the impulse of a wrong judgment as to the sovereign which he should serve? I would call your attention to the case of Klintock, reported in the 5th of Wheaton, where the Court say that they will not regard the commission of General Aubrey as sufficient to give title to the property, "although it might be sufficient to defend him from a charge of piracy." I also refer to Phillimore on International Law, vol. 3, p. 319. [Counsel read from the authority.]