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Case library · The Jolly Roger

Mutiny, Then Plunder

United States v. Smith (1820)

Charge: Piracy 'as defined by the law of nations' under the federal act of 1819Court: U.S. Supreme CourtState: VirginiaDocket: The Jolly Roger

The facts

A sailor served on a privateer licensed by a South American government. He and other crew mutinied and took over the ship. They then seized a second armed vessel by force. With no commission or papers of any kind, they cruised the ocean and robbed a Spanish merchant ship. The federal law made 'piracy as defined by the law of nations' a capital crime, but did not spell out what piracy was. The defence argued the law was too vague to convict anyone. The jury found the facts and left it to the judges to say whether this was piracy.

You have the facts the court had. Guilty or not guilty? Call it in the game with your friends, then see what the court actually decided. Wrong call, you drink.

Citation: United States v. Smith, 18 U.S. (5 Wheat.) 153 (1820)

Read more at supreme.justia.com. The source reveals the outcome.

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