Revolt

The endeavor of the crew of a vessel to overthrow the lawful authority of her commander, with intent to remove him from his command, or against his will to take possession of the vessel by assuming the government and navigation of her, or by transferring their obedience from the lawful commander to some other person. 11 Wheat. (U. S.) 417. A confederacy or combination must be shown. 2 Sumn. (U. S.) 582; 1 Woodb. & M. (U. S.) 305; Crabbe, Dist. Ct. 558. The vessel must be properly registered (3 Sumn. [U. S.] 342); must be pursuing her regular voyage (2 Sumn. [U. S.] 470). The indictment must specifically set forth the acts which constitute the crime. Wharton, Prec. § 1061, note. And see 1 Mason (U. S.) 147; 5 Mason (U. S.) 402, 404; 1 Sumn. (U. S.) 448; 4 Wash. C. C. (U. S.) 402, 528; 2 Curt. (U. S.) 225; 1 Pet. C. C. (U. S.) 213.

The endeavor of the crew of a vessel, or any one or more of them, to overthrow the legitimate authority of her commander, with intent to remove him from his command, or against his will to take possession of the vessel by assuming the government and navigation of her, or by transferring their obedience from the lawful commander to some other person. U. S. v. Tappan, 11 Wheat (U. S.) 419., 6 L. Ed. 509. According to Wolff, revolt and rebellion are nearly synonymous; it is the state of citizens who unjustly take up arms against the prince or government. Wolff, Droit de la Nat. § 1232. See Rebellion. By Cr. Code, § 292, if any one of the crew of an American vessel, on the high seas or other waters, within the admiralty and maritime jurisdiction of the U. S., endeavors to make a revolt, etc., or conspires, etc., so to do, or incites, etc., any other of the crew to disobey lawful orders, or to neglect their duty, or assembles such others in a mutinous manner, or makes a riot, or unlawfully confines the master, etc., he is punishable by a fine of not over $ 1, 000, or imprisonment for not over five years, or both. By § 293, if any one of the crew, etc., usurps the command of the vessel, or deprives the master of authority, or resists his authority, or transfers the same to one not entitled thereto, he is punishable by a fine of not over $2,000, and Imprisonment for not over ten years. Foreign seamen on American seaworthy, they may resist an attempt to compel them to go to sea in her, without being guilty of revolt; 1 Sprague 76. Revolts on shipboard are to be considered as defined by the last-mentioned act; 1 W. & M. 306. A confederacy or combination must be shown; 2 Sumn. 582; 1 W. & M. 305. The vessel must be properly registered; 3 Sumn. 342; must be pursuing her regular voyage; 2 Sumn. 470. The indictment must specifically set forth the acts which constitute the crime; Whhrt. Tree. § 1061, n.

Under the Crimes Act of April 30, 1790, consists in the endeavor of the crew of a vessel, or any one or more of them, to overthrow the legitimate authority of her commander, with intent to remove him from his command, or against his command to take possession of the vessel by assuming the government and navigation of her, or By transferring obedience from the lawful commander to some other person. 5 An endeavor to excite the crew of a ship to overthrow the lawful authority and command of the master and officers of the ship. In effect, an endeavor to make a mutiny among the crew or to stir up a generar disobedience or resistance to the authority of the officers.* 1 Story. Eq. PI. §S 351-87.,See 8 Paige, 369; 6 Johns. 348; 1 Boot, 578. ■' Langdon v. Aster's Executors, 16 N. Y. 40, 39 (1857), Denio, C. J. " [Lathrop-D. Dunlop, 4 Hun, 315 (1875). ■" Beauchamp's Will, 4 -T. B. Mon. *363 (1887), Bibb, C. J. See also Gay i. Gay, 60 Iowa, 420 (1882), cases; Towne V. Weston, 133 Mass. 515 (1S82); 35 Am. Eep. 35-37, cases. « United States v. 'Kelly, U Wheat. 418 (1826), Wash- An open rebellion or mutiny; an usurpation of the authority and command of the ship, and an overthrow of that of the master or other commanding officer... Any act done with intent to accomplish such an object is an endeavor to commit a revolt.' A total refusal to perform any duty on board, until the master has yielded to some illegal demand of the crew, when it has produced de facto a compliance, or a suspension of his power of command, is a revolt."-' The act of March 3, 1835 (Rev. St. §§ 6359-60), enlarges the act of 1790, by adding distinct offenses to the "endeavor to make a revolt." These statutes do not include eveiy case of simple passive disobedience by one of the cfew, but do embrace every case of resistance to the free and lawful exercise of the master's authority, when accompanied by force, fraud, intimidation, violence, a, conspiracy among the crew, or concerted action in such resistance or disobedience by one of them. An unlawful confinement of the master is not restricted to a physical confinement of his person.*

An offence on shipboard, which consists in the endeavor of the crew of a vessel, or any one or more of them, to overthrow the legitimate authority of her commander, with intent to remove him from his command, or to take possession of the vessel against his will, by assuming the government and navigation of her, or by transferring their obedience from the lawful commander to some other person. United States v. Kelly, H Wheat. 417; •i Wash. 528. Revolt may consist not only in an attempt to usurp the command from the master, or to transfer it to another, or to deprive him of it for any purpose by violence, but in resisting him in the free and lawful exercise of his authority. United States v. Peterson, 1 Woodb. Sf M. 305. The endeavor to make a revolt necessarily implies an attempt to stir up others of the crew to a resistance or rebellion against the lawful authority of the master and officers. It is in effect an endeavor to make a mutiny among the crew of the ship. A mere act of disobedience to a lawful command of the officers is not of itself an endeavor to make a revolt. The offence is not committed unless the party attempts to excite others to aid his unlawful purposes. United States v. Smith, 1 Mas. 147. A mere conspiracy of a ship's crew to make a revolt will not amount to an endeavor to make it, unless such conspiracy be followed up by some overt act tending to that end. United States v. Kelly, 4 Wash. 528. A combination by the crew of a vessel to prevent her going to sea, pursuant to the order of the master, is an attempt to commit a revolt. United States v. Nye, 2 Curt. 225.