 The piracy cases considered by the Marshall Court arose under two Congressional statutes : the Crimes Act of 1790 and the Act of March 3 , 1819 . Article One provides that Congress shall have the power " [ t ] o define and punish <unk> and Felonies committed on the high Seas . " Five sections in the Crimes Act " were devoted to the subject , " but " [ t ] he principal provisions with respect to piracy were incorporated in section 8 . " According to Prof. White , " from 1815 to 1823 , piracy cases were among the most numerous and controversial of those decided by the Court . " 
