in professional occupations before him courtesies which men never forget, I cannot but speak of him with affection. I have nevertheless something to say about the law laid down by those Judges on that case. No question on the merits was left to the jury, as I understand the instructions. The jurymen were told that _if they believed the testimony, then the defendants were guilty of piracy_. Now, as to the aspect of this case in view of piracy by the law of nations, the question for the jury is, in the first place, _Did these defendants, in the act of capturing the "Joseph," take her by force, or by putting the captain of her in fear_, WITH THE INTENT TO STEAL HER? That is the question as presented by the indictment, and in order to convict under either of the first five counts, the jury must be satisfied, beyond all reasonable doubt, _that in attacking the "Joseph" the defendants were actuated_ as described in the indictment, from which I read the allegation that they, "with _force_ and _arms, piratically, feloniously, and violently_, put the persons on board in _personal fear and danger of their lives_, and in seizing the vessel did, as aforesaid, _seize_, ROB, STEAL and carry her away." In this the indictment follows the law. Another question of fact, in the other aspect of the case, under the ninth section of the act of 1790, will be, substantially, _whether the existence of a civil war is shown_. That involves inquiry into the existence of the Confederate States as a _de facto_ Government or as a _de jure_ Government. The _animus furandi_, so often mentioned in this case, means nothing but the intent to _steal_. The existence of that intent must be found in the evidence, before these men can be called pirates, robbers, or thieves; and whether such intent did or did not exist, is a question entirely for you. To convict under the ninth section of the Act of 1790, the prosecution must prove that the defendants, being at the time of such offence _citizens of the United States of America_, did something which by that Act is prohibited. You will bear in mind that the Act of 1790, in its ninth section, has no relation except to American-born citizens, and as to that part of the indictment the eight foreigners charged are entirely relieved from responsibility. Well, on page 104, 5 Wheaton, in the case of _The United States_ vs. _Smith_, the Jury found a special verdict, which I will read to illustrate what is piracy and what is not piracy. [Here Mr. Brady commented on the case referred to, saying, amongst other things,--] According to the evidence in the case of Smith, the defendants were clearly pirates. They had no commission from any Government or Governor, and were mere mutineers, who had seized a vessel illegally, and then proceeded to seize others without any pretence or show of authority, but with felonious intent. For these acts they were justly convicted.