[75] For an able defense of the adoption by the National courts of the British common law, see _Works of the Honourable James Wilson_: Wilson, III, 384.
[76] _Columbian Centinel_, July 11, 1801, as quoted in Warren, 225-27.
[77] _Correspondence and Public Papers of John Jay_: Johnston, III, 478-85.
[78] Wharton: _State Trials of the U.S. during the Administrations of Washington and Adams_, 60 _et seq._; and see Wilson's law lecture on the subject, Wilson, III, 384.
[80] _Ib._ Ravara was tried and convicted by the jury under the instructions of the bench, "but he was afterward pardoned on condition that he surrender his commission and Exequatur." (Wharton: _State Trials_, 90-92.)
[81] For the documents preceding the arrest and prosecution of Henfield, see Wharton: _State Trials_, footnotes to 49-52.
[82] See Wilson's charge, Wharton: _State Trials_, 59-66.
[83] See Wharton's summary of Wilson's second charge, _ib._ footnote to 85.
[85] Marshall: _Life of George Washington_, 2d ed. II, 273-74. After the Henfield and Ravara cases, Congress passed a law applicable to such offenses. (See Wharton: _State Trials_, 93-101.)
[87] This was the British defense for impressment of seamen on American ships. It was one of the chief points in dispute in the War of 1812. The adherence of Federalists to this doctrine was one of the many causes of the overthrow of that once great party. (See _infra_, vol. IV, chap. I, of this work.)
[88] Wharton: _State Trials_, 654. Upon another indictment for having captured a British ship and crew, Williams, with no other defense than that offered on his trial under the first indictment, pleaded guilty, and was sentenced to an additional fine of a thousand dollars, and to further imprisonment of four months. (_Ib._; see also vol II, 495, of this work.)
[89] U.S. _vs._ Hudson, 7 Cranch, 32-34. "Although this question is brought up now for the first time to be decided by this court, we consider it as having been long since settled in public opinion.... The legislative authority of the Union must first make an act a crime, affix a punishment to it and declare the court that shall have jurisdiction of the offense." (Justice William Johnson delivering the opinion of the majority of the court, _ib._)