
    The Government and People, &c., versus M’Gregori and eight Others.
    The prisoners were indicted for murder; and they filed a special plea to the jurisdiction of the Court, in which it was averred that the accused were prisoners of war, and subjects of the king of Great Britain, and not triable by courts who judge by municipal law, but ought to be tried by the laws of nations, and by courts-martial ; and pray judgment if this Court, which proceeds according to municipal law, will further entertain jurisdiction of said indictment, &c. To this plea the Attorney-General demurred, which demurrer was joined by the prisoners.
    
      Sumner, Hitchborn, and' Morton, counsel for the prisoners,
    cited Vattcl, b. 3, c. 8, <§> 137, 142. —7 Rep. 6, Calvin’s case. — 1 Black. Comm. 373.—2 Vin. Abr. 264; and from thence argued that prisoners of war are entitled to no protection, and therefore owe no allegiance; that, owing no allegiance, they are not punishable by municipal law; and they quoted Hawk. P. C. b. 1, c. 17, § 6, to show that prisoners of war are to be dealt with by martial law.
    But the Attorney-General, Paine, on the authority of Foster,
    
    186, 187, contended that prisoners of - war are amenable for an offence malum in se; and of course may be tried by the ordinary tribunals of justice in the country in which the crime is committed. This has been the practice in England; and although they may perhaps be tried also by courts-martial, that cannot oust the courts of law of their general jurisdiction.
   To which opinion the Court held, and, on deliberation, unanimously overruled the plea.  