An Act to protect the commerce of the United States and punish the crime of piracy is an 1819

United States federal statute An Act of Congress is a statute enacted by the United States Congress. Acts may apply only to individual entities (called private laws), or to the general public ( public laws). For a bill to become an act, the text must pass through both house ...

against

piracy Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a coastal area, typically with the goal of stealing cargo and other valuable goods. Those who conduct acts of piracy are called pirates, v ...

, amended in 1820 to declare participating in the

slave trade Slavery and enslavement are both the state and the condition of being a slave—someone forbidden to quit one's service for an enslaver, and who is treated by the enslaver as property. Slavery typically involves slaves being made to perf ...

or robbing a ship to be piracy as well. The last execution for piracy in the United States was of slave trader

Nathaniel Gordon Nathaniel Gordon (February 6, 1826 – February 21, 1862) was the only slave trader in the U.S. to be tried, convicted, and executed for having "engaged in the slave trade," under the Piracy Law of 1820. Early life Gordon was born in Port ...

in 1862 in New York, under the amended act.

Background

The original act, passed in 1819, was officially known as "An act to protect the commerce of the United States and punish the crime of piracy" (), and provided in section 5, "That if any person or persons whatsoever shall, on the high seas, commit the crime of piracy, as defined by the

law of nations International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

, and such offender or offenders shall afterwards be brought into or found in the United States, every such offender or offenders shall, upon conviction thereof... be punished by death." Section 6 set the act to expire at "the end of the next session of Congress." This original 1819 act was amended by "An Act to continue in force 'An act to protect the commerce of the United States and punish the crime of piracy', and also to make further provisions for punishing the crime of piracy" (), sometimes known as the "1820 Piracy Law." It extended the original act to two years afterward and then to the end of the next session of Congress after that. It also added three types of piracy: * In section 3, robbery of a ship, its crew, or contents was declared piracy, punishable by death. * In section 4, to seize or "decoy" onto a ship "any

negro In the English language, ''negro'' is a term historically used to denote persons considered to be of Black African heritage. The word ''negro'' means the color black in both Spanish and in Portuguese, where English took it from. The term can be ...

or mulatto, not held to service or labour by the laws of either of the states or territories of the United States with intent to make such negro or mulatto a slave" was also declared piracy punishable by death. * In section 5, attempting to confine, deliver, or sell a negro or mulatto (similarly qualified as "not held to service", etc.) was also declared piracy punishable by death. The act was made "perpetual" by the

17th United States Congress The 17th United States Congress was a meeting of the legislative branch of the United States federal government, consisting of the United States Senate and the United States House of Representatives. While its term was officially March 4, 1821, t ...

().

James Smith trial of 1854

In November 1854, United States Attorney

John McKeon John McKeon (March 29, 1808, Albany, New York – November 22, 1883, New York City) was an American lawyer and politician from New York. From 1835 to 1837, and 1841 to 1843, he served two non-consecutive terms in the U.S. House of Representativ ...

arraigned James Smith, the captain of the American ship ''Julia Moulton,'' for having violated the Anti-Piracy Act of 1820 by hauling 645 slaves from Ambriz to the island of

Trinidad Trinidad is the larger and more populous of the two major islands of Trinidad and Tobago. The island lies off the northeastern coast of Venezuela and sits on the continental shelf of South America. It is often referred to as the southernmos ...

.Hugh Thomas, ''The Slave Trade: The Story of the Atlantic Slave Trade: 1440-1870.'' New York: Simon and Schuster, 1997; pg. 763. Despite his protestations that his real name was Julius Schmidt, a native of

Hanover Hanover (; german: Hannover ; nds, Hannober) is the capital and largest city of the German state of Lower Saxony. Its 535,932 (2021) inhabitants make it the 13th-largest city in Germany as well as the fourth-largest city in Northern Germany ...

Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...

, and not a naturalized American citizen and thus not subject to American law, Smith became the first person to be convicted under the 1820 provisions, which called for a death sentence. Upon appeal a

mistrial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, ...

was declared, based upon various legal technicalities. Smith was then allowed to plead guilty to a lesser charge. He was sentenced two years in prison and fined $1000. After Smith served his sentence, he petitioned President James Buchanan for a pardon. Buchanan granted Smith a pardon in 1857, nullifying his fine.

Nathanial Gordon trial of 1862

was the only American slave trader to be tried, convicted, and executed "for being engaged in the Slave Trade" under this law. He was hanged in New York on February 21, 1862.

References

External links

on the

National Oceanic and Atmospheric Administration The National Oceanic and Atmospheric Administration (abbreviated as NOAA ) is an United States scientific and regulatory agency within the United States Department of Commerce that forecasts weather, monitors oceanic and atmospheric conditio ...

website {{DEFAULTSORT:Protect The Commerce Of The United States And Punish The Crime Of Piracy 15th United States Congress 16th United States Congress United States federal defense and national security legislation United States federal admiralty and maritime legislation United States federal trade legislation Act to Protect The Commerce Of The United States And Punish The Crime Of Piracy United States piracy law Post-1808 importation of slaves to the United States

Background

James Smith trial of 1854

Nathanial Gordon trial of 1862

See also

References

Further reading

External links