The third section of the Act of 1820 adds to that simple description of criminality certain words not at all tautological, but making other acts equivalent to the same crime. The section provides that, "if any person shall, upon the high seas, or in any haven, &c., commit the crime of robbery in or upon any ship or vessel, or upon any of the ship's company of any ship or vessel, or the lading thereof, such person shall be adjudged to be a pirate, and, being thereof convicted," "shall suffer death." Beyond the simple word, "robbery," is added, "in or upon any ship or vessel, or upon any of the ship's company of any ship or vessel, or the lading thereof." _Judge Nelson_: The fifth section of the Act of March 3d, 1819, provides for piracy on the high seas according to the law of nations. The previous Act of 1790, and the third section of the Act of 1820, prescribe the punishment of the crimes of murder and robbery on the high seas. _The District Attorney_: The Act of 1820 does not refer to murder, only to robbery on the high seas. _Judge Nelson_: It denominates as a pirate a person guilty of robbery on the high seas. _Mr. Evarts_: But the body of the crime is the robbery, and not the epithet. _Mr. Brady_: That is the question. _Mr. Evarts_: But, in the fifth section of the Act of 1819, the provision is, that "if any person shall, on the high seas, commit the crime of piracy as defined by the law of nations." _Judge Nelson_: That is a different offence. _Mr. Evarts_: Yes, and is open always to the inquiry, what the law of nations is. Now, that Act of 1790 is, we say, constitutional. And here I may as well say what seems to be necessary in reference to the point made by Mr. Brady on behalf of the prisoners. He will contend, he says, that the ninth section of the Act of 1790 is beyond the constitutional power of Congress--its constitutional power in the premises being limited, as he supposes, to the right to define and punish the crime of piracy. _Mr. Brady_: "And offences against the law of nations." _Mr. Evarts_: To that explicit clause in the Constitution.