REVOLT. The endeavor of the crew of it vessel, or any one or more of them, to over throw the legitimate authority 'of her com niander, with- intent tO remove him from his command, or agninet his Will to take posses sion of the vessel bY assuming tho government and navigation of her or by traneferring their obedience from the lawful commander to some other person. 11 Wheat. 417.
2. According to Wolff, revolt and rebellion are nearly sYnonymOus : be says. it is the stnte of citi zens who unjustittake up arms against the prince or governMent. Wolff, Droit de la Nat. 1232.., By the' twelftli section of the act of 30th April, 1790, it was declared that if any seaman shall con fine the master of any ship or other vessel, or en deavor to make &revolt in such ship, such perion ao offending shall be imprisoned.not exceeding three years; and 'fined not exceeding one thousand 'dol lars.
Under this statute, doubts were entertained of the power of the' courts to define a crime which had no etatutory or common-law definition.' 4 Wash. C. C. 528.
3. The act of 1796, above referred to, is substan tislly superseded by th.a act of ad March, 1835, 4 U.'S. Stat. at Larke, 775, the first sadtion of which declares that "if any one or more of the Crew of any Ameriean ship or 'vessel; on the high seas; or on any'cither'Waters within the a.dmiralty and mari time jurisdiction of the United States, shall enlaw hilly and wilfully, and with force, Or by fkand, threats, br other intimidations, usurp the command di such ship or vessel from the master or other law ful commanding offiner thereof, or deprive him of his authority or comesand on board thereot'or resist or preveat him in the free and lawful exercise thereof, or transfer such authority and commnnd to any person not lawfully entitled thereto, every such person so offending, his alders or abettors, ehall be deemed guilty of a revolt or mutiny and felony, and shall, on conviction' thereof, be pun ished by fine not exceeding two thousand dollars, and by imprisonment and confinement to hard labor not exceeumg An years, according to the nature and agfravation of 'the offence. A a d the
offence of making a revolt in a ship, which now is, under and in virtue of the eighth seotioa of the act of congress passed the 30th day of, April in thc year of our tord 1790, punishable as a capital offence, shall, from and aftor the passage mf the 'present act, be no. longer punishable as a capital offence, but shall be punished in the manner pre scribed in the present act, and not otherwise." 4. The second scotion of saidsact declares that if any one or more of the crew of aay American 'ship or vessel on the high seas, or any other waters, within the admiralty• and maritime jurisdiction of the United States, Isbell endeavor to make a revolt or mutiny OD board such Ship or vessel, or shall Combine, conspire, or confederate with any other person or persons on board to Make such revolt 'Or =tiny; or shall solicit, incite, or stir up any other or ethers ofthe drew to disobey or resist the lawful orders of thimaster or other officer of Such ship oevasseT, or to refuse or neglect their 'proper duty on hoard thereof, or to betray their proper trust therein, at shall assemble with other§ in a tumulnions' and meth:ions manner or make a riot on board thereof, aVery such person so offending'shall; on donViction therea, 'be Punished by fine not exaeeding one thausand dollars, or by inipriSonment not exceed ing five 'years, or 'by both, according to the nature and asgravation of the offence. • • RevoitsiMn shipboard are to be considered as de fined by the last-mentioned act. I Woodb. it M. C..C. 306. See Brightly, Dig. 210, 211.
A confederacy or combination must he shown. 2 Sumn. C. C. 582 ; 1 Woodb. & M. c. c. 305 ; Crabbe, Dist. Ct. 558. The vessel must be properly "registered, 3 Sumn, C. C. 342 ; must be pursuing her regular voyage.. 2 Sumn. C. C. 470. The indictment must specifically set forth the acts which constitute the crime.. Wharton, Prec. 1061, n. And see 1 Mas. C. C. 147 ; 5 id. 402, 404; 1 Sumn. C. C. 448; 4 Wash. C. C. 402, 528 ; 2 Curt. C. C. 225 ; 1 Pet. C. C. 213.