(a) Story on Bailm. §§ 25, 526; An-gell, Com. Car. § 200. We have ventured to include pirates within the exception of "public enemies," on the authority of these eminent text-writers. The cases, however, which they cite, arose upon bills of lading, which contained the exception of the "perils of the sea;" and the only question made in those cases was whether a loss by pirates came within the latter exception; and the testimony of merchants was taken as to the mercantile usage in that respect. See Pickering v. Barkley, 2 Roll. Abr. 248; s. c. Styles, 132; Barton v. Wolliford, Comb, 56.

nor rioters, insurgents, or rebels. (b) But this principle may be affected by the rule that robbery at sea is piracy.