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3 March 1925. collector or other officer of the customs, by virtue of his or their office; or shall pass, utter or publish, or attempt to pass, utter or publish, as true, any such false, forged or counterfeited instrument, or any such falsely altered abstract, official copy, certificate, license, pass, passport, sea letter, clearance, permit, debenture or other official document as aforesaid, knowing the same to be false, forged or counterfeited, or falsely altered with an intent to defraud the United States, or any other body politic or corporate, or person whatsoever; every person, so offending, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine, not exceeding one thousand dollars, and by imprisonment and confinement to hard labor not exceeding three years.

Felony.

Ibid. 23. Conspiracy to cast away vessels, &c.

Felony.

28 Feb. 1839 5. 5 Stat. 322.

23 Aug. 1842 8 4. 5 Stat. 517.

Punishment of larceny and embezzlement altered.

28 Jan. 1847 2 9. 9 Stat. 120.

sury notes.

Uttering and publishing.

22. If any person or persons shall, on the high seas, or within the United States, wilfully and corruptly conspire, combine and confederate, (a) with any other person or persons, such other person or persons being either within or without the United States, to cast away, burn or otherwise destroy, any ship or vessel, (b) or to procure the same to be done, with intent (c) to injure any person, or body politic, that hath underwritten or shall thereafterwards underwrite, any policy of insurance thereon, or on goods on board thereof, or with intent to injure any person, or body politic, that hath lent or advanced, or thereafter shall lend or advance, any money on such vessel, or bottomry or respondentia, or shall, within the United States, build or fit out, or aid in building or fitting out, any ship or vessel, with intent that the same shall be cast away, burnt or destroyed, for the purpose or with the design aforesaid, every person, so offending, shall, on conviction thereof, be deemed guilty of felony, and shall be punished by fine, not exceeding ten thousand dollars, and by imprisonment and confinement to hard labor, not exceeding ten years.

23. That the punishment of whipping and the punishment of standing in the pillory, so far as they now are provided for by the laws of the United States, be, and the same are hereby, abolished.

24. In lieu of the punishment now prescribed by the sixteenth section of the act of congress, entitled "An act for the punishment of certain crimes against the United States," passed on the 30th day of April, Anno Domini 1790,(d) for the offences in the said section mentioned, the punishment of the offender, upon conviction thereof, shall be by fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or by both, according to the nature and aggravation of the offence.

25. If any person shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly aid or assist in falsely making, forging Forgery of trea or counterfeiting, any note in imitation of, or purporting to be, a treasury note aforesaid, or shall falsely alter, or cause or procure to be falsely altered, or willingly aid or assist in falsely altering, any treasury note issued as aforesaid, or shall pass, utter or publish, or attempt to pass, utter or publish as true, any false, forged or counterfeited note, purporting to be a treasury note as aforesaid, knowing the same to be falsely forged or counterfeited, or shall pass, utter or publish as true, any falsely altered treasury note issued as aforesaid, knowing the same to be falsely altered, every such person shall be deemed and adjudged guilty of felony, and being thereof convicted, by due course of law, shall be sentenced to be imprisoned and kept to hard labor for a period not less than three years nor more than ten years, and to be fined in a sum not exceeding five thousand dollars.(e)

A felony.

Ibid. 2 10.

Engraving or having possession of plates. &c., with intent to forge treasury

notes.

26. If any person shall make or engrave, or cause or procure to be made or engraved, or shall have in his custody or possession any metallic plate engraved after the similitude of any plate from which any notes issued as aforesaid shall have been printed, with intent to use such plate, or cause or suffer the same to be used in forging or counterfeiting any of the notes issued as aforesaid, or shall have in his custody or possession any blank note or notes engraved and printed after the similitude of any notes issued as aforesaid, with intent to use such blanks, or cause or suffer the same to be used in forging or counterfeiting any of the notes issued as aforesaid, or shall have in his custody or possession any paper adapted to the making of notes and similar to the paper upon which any such notes shall have been issued, with intent to use such paper or cause or suffer the same to be used in forging or counterfeiting any of the notes issued as aforesaid, every such person being thereof convicted by due course of law, shall be sentenced to be imprisoned, and kept to hard labor, for a term not less than three nor more than ten years, and fined in a sum not exceeding five thousand dollars.

(a) Any combination of two or more persons to destroy the vessel or cargo, consummates the offence, though neither the vessel nor the cargo is injured. United States v. Cole, 5 McLean, 513, Whart. Cr. L. 2914. For form of indictment, see Whart. Prec. 2 639.

(b) The act applies to our internal, as well as our foreign commerce. United States v. Cole, 5 McLean, 513.

(c) The intent to injure underwriters is an essential ingredient of the crime, and without an averment of such intention no offence is described in violation of any act of congress. United States v. Hand, 6 McLean, 274.

(d) See supra, 11.

(e) For form of indictment, see Whart. Prec. § 312.

10 Stat. 239.

vouchers to be

27. If any officer who is or may hereafter be charged with the payment of any of the 3 March 1853 3 4. appropriations made by this or any other act of congress shall pay to any clerk, or other employee of the United States, a sum less than that provided by law, and require such Taking false employee to receipt or give voucher for an amount greater than that actually paid to deemed embez and received by him, such officer thus acting shall be deemed guilty of embezzlement, shall be fined in a sum double the amount so withheld from any employee of government, and shall be imprisoned for the term of two years, and may be prosecuted and Punishment. punished in any court of the United States having jurisdiction for the trial of such offences, in the district where such offence shall be committed.

IV. OFFENCES UPON THE HIGH SEAS, Etc.

zlement.

1 Stat. 113.

28. If any person or persons (a) shall commit upon the high seas, (b) or in any river, 30 April 1790 g 8 haven, basin or bay, out of the jurisdiction of any particular state, (c) murder or robbery, (d) or any other offence which, if committed within the body of a county, would Piracy. by the laws of the United States be punishable with death; (e) or if any captain or mariner of any ship or other vessel, shall piratically and feloniously run away with such ship or vessel, (g) or any goods or merchandise to the value of fifty dollars, or yield up such ship or vessel voluntarily to any pirate; or if any seaman shall lay violent hands Mutiny. upon his commander, thereby to hinder and prevent his fighting in defence of his ship or goods committed to his trust, or shall make a revolt (h) in the ship; every such offender shall be deemed, taken and adjudged to be a pirate(i) and felon, and being thereof convicted, shall suffer death; (k) and the trial of crimes committed on the high where triable. seas, or in any place out of the jurisdiction of any particular state, shall be in the district where the offender is apprehended, or into which he may first be brought.(7) 29. If any citizen (m) shall commit any piracy or robbery aforesaid, or any act of hostility against the United States, or any citizen thereof, upon the high sea, under color of any commission from any foreign prince or state, or on pretence of authority from any foreign commis person, such offender shall, notwithstanding the pretence of any such authority, be deemed, adjudged and taken to be a pirate, felon and robber, and on being thereof convicted shall suffer death.

Ibid. § 9.

Under color of

sion.

30. Every person who shall, either upon the land or the seas, knowingly and Ibid. 10. wittingly aid and assist, procure, command, counsel or advise any person or persons, to Accessaries be do or commit any murder or robbery, or other piracy aforesaid, (n) upon the seas, which fore the fact. shall affect the life of such person, and such person or persons shall thereupon do or commit any such piracy or robbery, then all and every such person so as aforesaid aiding, assisting, procuring, commanding, counselling or advising the same, either upon the land or the sea, shall be, and they are hereby declared, deemed and adjudged to be accessary to such piracies before the fact, (o) and every such person being thereof convicted shall suffer death.

Ibid. 11.

31. That after any murder, felony, robbery or other piracy whatsoever aforesaid, is or shall be committed by any pirate or robber, every person who, knowing that such pirate Accessaries after or robber has done or committed any such piracy or robbery, shall on the land or at sea the fact.

(a) The act is limited in its operation to offences committed by or upon citizens of the United States. United States v. Klintock, 5 Wh. 141, 152. United States v. Furlong, Ibid. 184. United States v. Gibert, 2 Sumn. 88-9. United States v. Howard, 3 W. C. C. 340. It does not apply to those committed on board of ships belonging exclusively to subjects of a foreign state, and then under the acknowledged jurisdiction of a foreign sovereign. United States c. Palmer, 3 Wh. 610. 631-2. United States v. Gibert, 2 Sumn. 88. United States v. Kessler, Bald. 15. But it extends to those which are committed on board of a piratical vessel, then in the possession of pirates, and acknowledging the jurisdiction of no recognised government. United States v. Klintock, 5 Wh. 144. United States v. Furlong. Ibid. 184.

(b) The term "high seas," in this act. means any waters on the sea coast, which are without the boundaries of low water mark. United States v. Ross, 1 Gall. 524. United States v. Furlong. 5 Wh. 184. And see United States v. Grush, 5 Mas, 290. The Har riet. 1 Story, 259. United States v. Robinson, 4 Mas. 307. United States Wiltberger, 5 Wh. 76.

(e) It is not the offence committed, but the place in which it was committed, which must be out of the jurisdiction of a state, to bring the case within the jurisdiction of the federal courts; and therefore they have no jurisdiction to try an indictment for murder committed on board a ship of war, lying in the harbor of Boston, within the jurisdiction of the state of Massachusetts. United States v. Bevans, 3 Wh. 326.

(d) The terms murder and robbery, as used in this act, are to be understood as defined at common law. United States v. Magill, 1 W. C. C. 463. United States v. Jones, 3 Ibid. 209. United States v. Palmer, 3 Wh. 610.

(e) These words do not relate to murder or robbery, but to the words "or any other offence," immediately preceding. To make a robbery upon the high seas piracy, it is not necessary that it should be punishable by death, if committed within the body of a county. United States v. Palmer, 3 Wh. 610. United States v. Jones, 3 W. C. C. 209. United States v. Hutchings, 2 Wh. Cr. Cas. 543.

(g) To onstitute the offence f running away with a vessel, it

must appear that the command of the vessel was taken from the captain by the accused, or without the consent of the captain. for some time, no matter how long, and that the act was done feloni ously, and with intent to convert the vessel and cargo to the use of the parties concerned in the act. United States v. Haskell, 4 W. C. C. 402. For form of indictment, see Whart. Prec. ¿ 1070-5. (h) See infra, 44, as to what constitutes the crime of making a revolt; and altering the punishment. And see United States v. Haskell, 4 W. C. C. 405. United States v. Sharp, Pet. C. C. 118. United States v. Peterson, 1 W. & M. 305. For form of indictment, see Whart. Prec. 31061.

(i) The crime of piracy is defined, with reasonable certainty, by the law of nations. United States v. Smith, 5 Wh. 153. A pirate is one who acts solely by his own authority, without any commission or authority from a sovereign state, seizing by force, and appropriating to himself without discrimination, every vessel he meets with. Davison v. Seal-skins, 2 Paine, 324. See United States v. Jones, 3 W. C. C. 228. 2 Opin. 19. See also act 3 March 1819 25. 3 Stat. 510. And infra, 35, 48.

(1) An indictment which charges, in the same count, au offence made capital by one section of an act of congress, and another offence, declared in another section of the same law to be a misdemeanor, is bad. United States v. Sharp, Pet. C. C. 131. For forms of indictments, see Whart. Pree. 2 1061-79.

(1) See Ex parte Bollman, 4 Cr. 136. United States v. Magill, 1 W. C. C. 463. United States v. Thompson, 1 Sumn. 168.

(m) The sole object of this section is to render a citizen who offends against the United States or their citizens, under color of a foreign commission, punishable in the same degree as if no such commission existed. United States v. Wiltberger, 5 Wh. 100. United States v. Bowers, Ibid. 201. 2 Wh. Cr. Cas. xxx. See 3 Opin. 120.

(n) The 10th and 11th sections, as to accessaries, refer to the acts of piracy mentioned in the 8th section. United States v. Howard, 3 W. C. C. 340.

(0) For form of indictment, see Whart. Prec. 1080. There is no act of congress punishing an accessary Lefore the fact to mur der. United States v. Ramsay, Hemp. 481. But see supra, 17.

30 April 1790. receive, entertain or conceal any such pirate or robber, or receive or take into his custody

Ibid. 2 12.

mit piracy, &c.

any ship, vessel, goods or chattels, which have been by any such pirate or robber piratically and feloniously taken, shall be, and are hereby declared, deemed and adjudged to be accessary to such piracy or robbery, after the fact; (a) and on conviction thereof, shall be imprisoned not exceeding three years, and fined not exceeding five hundred dollars.

32. If any seaman (b) or other person shall commit manslaughter (c) upon the high Manslaughter. seas, (d) or confederate, or attempt or endeavor to corrupt any commander, master, officer or mariner, to yield up or to run away with any ship or vessel, or with any goods, Attempts to com- wares or merchandise, or to turn pirate, or to go over to or confederate with pirates, (e) or in anywise trade with any pirate, knowing him to be such, or shall furnish such pirate with any ammunition, stores or provisions of any kind, or shall fit out any vessel knowingly and with a design to trade with or supply or correspond with any pirate or Corresponding robber upon the seas; or if any person or persons shall any ways consult, combine, with pirates. confederate or correspond with any pirate or robber on the seas, knowing him to be guilty of any such piracy or robbery; or if any seaman (g) shall confine the master of Endeavoring to any ship or other vessel, (h) or endeavor to make a revolt in such ship; (i) such person or persons so offending, and being thereof convicted, shall be imprisoned not exceeding three years, and fined not exceeding one thousand dollars.

make a revolt.

26 March 180421. 2 Stat. 290.

Casting away vessels.

Ibid. ? 2.

underwriters.

33. Any person, not being an owner, who shall on the high seas, (k) wilfully and corruptly cast away, burn or otherwise destroy (1) any ship or other vessel unto which he belongeth, being the property of any citizen or citizens of the United States, or procure the same to be done, (m) and being thereof lawfully convicted, shall suffer death.

34. If any person shall, on the high seas, wilfully and corruptly cast away, burn or By owners, with otherwise destroy any ship or vessel of which he is owner, in part or in whole, or in intent to defraud anywise direct or procure the same to be done, with intent or design (n) to prejudice any person or persons (o) that hath underwritten, or shall underwrite any policy or policies of insurance thereon, or if any merchant or merchants that shall load goods thereon, or of any other owner or owners of such ship or vessel, the person or persons offending therein being thereof lawfully convicted, shall be deemed and adjudged guilty of felony, and shall suffer death.

15 May 1820 3 Stat. 600.

Robbery to be deemed piracy.

3.

35. If any person shall, upon the high seas, or in any open roadstead, or in any haven, basin or bay, or in any river where the sea ebbs and flows, commit the crime of robbery, in or upon any ship or vessel, or upon any of the ship's company of any ship or vessel, or the lading thereof, such person shall be adjudged to be a pirate; (p) and, being thereof convicted before the circuit court of the United States for the district into which he shall be brought, or in which he shall be found, shall suffer death. And if any person engaged in any piratical cruise or enterprise, or being of the crew or ship's company of any piratical ship or vessel, shall land from such ship or vessel, and, on shore shall, commit robbery, such person shall be adjudged a pirate; and on conviction thereof before the circuit court of the United States for the district into which he shall be Jurisdiction of brought, or in which he shall be found, shall suffer death: Provided, That nothing in this section contained shall be construed to deprive any particular state of its jurisdiction over such offences, when committed within the body of a county, or authorize the courts

Where trianie.

state courts.

(a) See form of indictment; Whart. Prec. 1081. (b) The mate is a seaman, within the meaning of this section. United States v. Savage, 5 Mas. 460.

(c) The act does not define the offence of manslaughter. This is to be determined by the common law. United States v. Armstrong, 2 Curt. C. C. 451.

(d) The federal courts have not jurisdiction of manslaughter, where the blow is struck at sea, and the death occurs on land. United States v. Armstrong, 2 Curt. C. C. 447. 8. P., United States v. Magill, 1 W. C. C. 463. United States v. Wiltberger, 5 Wh. 76. United States v. Imbert, 4 W. C. C. 702. But now, see act of 1857, infra, 50.

(e) See United States v. Howard, 3 W. C. C. 340.

(g) This includes the cooper of a ship. United States v. Thompson. 1 Sumn. 168. And the mate. United States v. Savage. 5 Mas. 460. It is not necessary that the offences in this clause should have been committed on the high seas. United States v. Keefe, 3 Mas. 475. United States v. Hamilton, 1 Ibid. 443. United States v. Stevens, 4 W. C. C. 548.

(h) This extends to all restraints of the personal liberty of the master, in freely going about the ship, by present force, or threats of bodily injury. United States v. Hemmer, 4 Mas. 105. United States v. Smith, 3 W. C. C. 78. United States v. Bladen, Pet. C. C. 213. It is sufficient that there is a personal seizure of the master, although it may be for the purpose of inflicting personal chastise ment upon him. United States v. Savage, 5 Mas. 460. So, if the master strikes the seaman, and is so firmly held that he cannot extricate himself. the seaman is guilty of confining the captain. United States v. Smith, 3 W. C. C. 525. But the act of confinement must be feloniously done. United States v. Henry, 4 Ibid. 128. It must be an illegal restraint; for it is no offence for a

seaman to confine the master for a justifiable cause; or in justifiable self-defence. United States v. Thompson, 1 Sumn, 168.

(i) The act of 1835, infra, 44, declares what acts shall constitute the crime of revolt; and therefore an indictment for an attempt to create a revolt, must set forth specifically the acts which consti tute the offence. United States v. Almeida. Whart. Prec. 1061, n. And see United States v. Smith, 1 Mas. 147. United States r. Gardner, 5 Ibid. 402. United States v. Barker, Ibid. 404. United States v. Morrison, 1 Sumn. 448. United States v. Haskell, 4 W. C. C. 402. United States v. Kelly, Ibid. 528. 8. C., 11 Wh. 417. United States v. Peterson, 1 W. & M. 305. United States r. Forbes, Crabbe, 558. United States v. Nye, 2 Curt. C. C. 225. See, also, infra, 45. as to the definition and punishment of this offence. (k) See United States v. Robinson, 4 Mas. 307.

(7) The legal meaning of the term "destroy," as used in this act, is, to unfit the vessel for service, beyond the power of reco very by ordinary means. This, as to the extent of the injury, is synonymous with "cast away." United States r. Johns, I W. C. C. 363. 8. c., 4 Dall. 412. United States v. Vanranst, 3 W. C. C. 146. 2 Wh. Cr. Cas. xxxvii.

(m) The common law doctrine of principal and accessary prevals in the construction of this act. Jacobson's Case, cited 2 Wh. Cr. Cas. xxxvi. 2 City Hall Rec. 131.

(a) The law punishes the act when done with an intent to prejudice; it does not require that there should be an actual prejudice. United States v. Amedy, 11 Wh. 410.

(6) A corporation is a person within the meaning of the act. United States v. Amedy, 11 Wh. 392.

(p) See United States v. Gibert, 2 Sumn. 21. United States v. Kessler, Bald. 15.

of the United States to try any such offenders, after conviction or acquittance, for the 15 May 1820. same offence, in a state court.

4 Stat. 115.

36. If any person or persons, upon the high seas, or in any arm of the sea, or in any 3 March 1825 3 4. river, haven, creek, basin or bay, within the admiralty and maritime jurisdiction of the United States, and out of the jurisdiction of any particular state, shall commit the crime Murder, where the party dies on of wilful murder, (a) or rape, or shall, wilfully and maliciously, strike, stab, wound, land, &c. poison or shoot at, any other person, of which striking, stabbing, wounding, poisoning or shooting such person shall afterwards die, upon land, within or without the United States, every person so offending, his or her counsellors, aiders or abettors, shall be deemed guilty of felony, and shall, upon conviction thereof, suffer death.

foreign ports.

37. If any offence shall be committed on board of any ship or vessel, belonging to any Ibid. 85. citizen or citizens of the United States, (b) while lying in a port or place within the offences in jurisdiction of any foreign state or sovereign, by any person belonging to the company of said ship, or any passenger, on any other person belonging to the company of said ship, or any other passenger, the same offence shall be cognisable and punishable by the proper circuit court of the United States, in the same way and manner, and under the same circumstances, as if said offence had been committed on board of such ship or vessel on the high seas, and without the jurisdiction of such foreign sovereign or state: Provided always, That if such offender shall be tried for such offence, and acquitted or convicted thereof, in any competent court of such foreign state or sovereign, he shall not be subject to another trial in any court of the United States.

38. If any person or persons, upon the high seas, or in any arm of the sea, or in any river, haven, creek, basin or bay, within the admiralty and maritime jurisdiction of the United States, and out of the jurisdiction of any particular state, shall, by surprise or by open force or violence, maliciously attack or set upon, any ship or vessel belonging in whole or part to the United States, or to any citizen or citizens thereof, or to any other person whatsoever, with an intent unlawfully to plunder the same ship or vessel, or to despoil any owner or owners thereof of any moneys, goods or merchandise laden on board thereof, every person so offending, his or her counsellors, aiders or abettors, shall be deemed guilty of felony; and shall, on conviction thereof, be punished by fine not exceeding five thousand dollars, and by imprisonment and confinement to hard labor, not exceeding ten years, according to the aggravation of the offence.

Ibid. § 6.

Attacking ves

gels with intent to plunder.

Ibid. 7.

to commit a

39. If any person or persons, upon the high seas, or in any other of the places aforesaid, with intent to kill, rob, steal, commit a rape, or to do or perpetrate any other felony, Entering vesshall break or enter any ship or vessel, boat, or raft; or if any person or persons shall, sels with intent wilfully and maliciously, cut, spoil or destroy any cordage, cable, buoys, buoy-rope, felony. headfast or other fast, fixed to any anchor or moorings, belonging to any ship, vessel, Maliciously deboat or raft; every person, so offending, his or her counsellors, aiders and abettors, shall stroying moorings, &c. be deemed guilty of felony, and shall, on conviction thereof be punished by fine, not exceeding one thousand dollars, and by imprisonment and confinement to hard labor, not exceeding five years, according to the aggravation of the offence.

&c.

Ibid. 89.

wrecks.

40. If any person or persons shall plunder, steal or destroy any money, goods, merchandise or other effects, from or belonging to any ship or vessel, or boat or raft, which plundering vesshall be in distress, or which shall be wrecked, lost, stranded or cast away, upon the sels in distress, sea, or upon any reef, shoal, bank or rocks of the sea, or in any other place within the admiralty and maritime jurisdiction of the United States, (c) or if any person or persons Obstructing shall wilfully obstruct the escape of any person endeavoring to save his or her life from escape from such ship or vessel, boat or raft, or the wreck thereof; or, if any person or persons shall hold out or show any false light or lights, or extinguish any true light, with intention to Wrecking vesbring any ship or vessel, boat or raft, being or sailing upon the sea, into danger, or distress or shipwreck; every person, so offending, his or her counsellors, aiders and abettors, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine, not exceeding five thousand dollars, and imprisonment and confinement to hard labor, not exceeding ten years, according to the aggravation of the offence.

sels.

Ibid. § 10.

41. If any master or commander of any ship or vessel, belonging, in whole or in part, to any citizen or citizens of the United States, shall, during his being abroad, mali- Forcing seamen ciously, (d) and without justifiable cause, (e) force (g) any officer, or mariner of such ship ashore.

(a) This section does not extend to the crime of manslaughter. Cnited States v. Armstrong, 2 Curt. C. C. 451.

(b) It is the character of the vessel, and not that of the offender, that decides the question of jurisdiction, under this section. United States v. Kessler, Bald. 29-30. United States v. Imbert, 4 W. C. C. 702.

(c) This section punishes thefts of goods belonging to vessels in distress, though committed above high water mark. It is within the constitutional grant to congress of the power to regulate comUnited States v. Coombs, 12 Pet. 72.

merce.

(d) Maliciously." in this statute, means. against a knowledge of duty. United States v. Coffin, 1 Sumu. 394. If the act be done

under a mistaken sense of duty, it is no offence within the sta tute. United States v. Ruggles, 5 Mas. 192.

(e) "Justifiable cause," does not mean such a cause, as in the mere maritime law might authorize a discharge; but such a cause, as the known policy of the American laws on this subject contemplates, as a case of moral necessity, for the safety of the ship and crew, or the due performance of the voyage. United States v. Coffin, 1 Sumn. 394.

(g) This offence may be committed, although no physical force was used; as if the mate left the ship under a well grounded fear of his life had he remained on board. United States v. kiddle, 4 W. C. C. 644.

3 March 1825.

Tbid. 11.

or vessel, on shore; or leave him behind, in any foreign port or place; or refuse to bring home again all such of the officers and mariners of such ship or vessel, whom he carried out with him, (a) as are in a condition to return, and willing to return, (b) when he shall be ready to proceed in his homeward voyage; every master or commander, so offending, shall, on conviction thereof, be punished by fine, not exceeding five hundred dollars, or by imprisonment, not exceeding six months, according to the aggravation of the offence.(c)

42. If any person or persons shall, wilfully and maliciously, set on fire, or burn or Burning vessels. Otherwise destroy, or cause to be set on fire, or burnt or otherwise destroyed, or aid, procure, abet, assist in setting on fire, or burning or otherwise destroying, any ship or vessel of war of the United States, afloat on the high seas, or in any arm of the sea, or in any river, haven, creek, basin or bay within the admiralty jurisdiction of the United States, and out of the jurisdiction of any particular state, every person so offending shall be deemed guilty of felony, and shall, on conviction thereof, suffer death: Provided, That nothing herein contained shall be construed to take away or impair the right of any court martial to punish any offence, which, by the law of the United States, may be punishable by such court.

Ibid. ? 22.

felony.

43. If any person or persons, upon the high seas, (d) or in any arm of the sea, or in Assault with in- any river, haven, creek, basin or bay, within the admiralty jurisdiction of the United tent to commit a States, and out of the jurisdiction of any particular state, on board any vessel belonging in whole or in part to the United States, or any citizen or citizens thereof, shall, with a dangerous weapon,(e) or with intent to kill, rob, steal or to commit a mayhem, or rape, or to perpetrate any other felony, commit an assault on another, (g) such person shall, on conviction thereof, be punished by fine, not exceeding three thousand dollars, and by imprisonment and confinement tc hard labor, not exceeding three years, according to the aggravation of the offence.

8 March 1835 2 1. 4 Stat. 775.

44. If any one or more of the crew (h) of any American ship (i) or vessel on the high seas, or on any other waters within the admiralty and maritime jurisdiction of the Definition of re- United States, shall unlawfully, wilfully and with force, or by fraud, threats or other volt and mutiny.. 'intimidations, usurp the command of such ship or vessel from the master or other lawful commanding officer thereof; or deprive him of his authority and command on board thereof; or resist or prevent him in the free and lawful exercise thereof; or transfer such authority and command to any other person not lawfully entitled thereto; every such person so offending, his aiders or abettors, shall be deemed guilty of a revolt, or mutiny (k) and felony; and shall, on conviction thereof, be punished by fine not exceeding two thousand dollars, and by imprisonment and confinement to hard labor not exceeding ten years, according to the nature and aggravation of the offence. And the offence of making a revolt in a ship, which now is, under and in virtue of the 8th section of the act of congress, passed the 30th day of April, in the year of our Lord 1790, punishable as a capital offence, shall, from and after the passage of the present act, be no longer punishable as a capital offence, but shall be punished in the manner prescribed in the preson; act, and not otherwise.

Punishment.

Ibid. 22.

make a revolt.

45. If any one or more of the crew of any American ship or vessel on the high seas, Endeavoring to or any other waters, within the admiralty and maritime jurisdiction of the United States, shall endeavor to make a revolt or mutiny (7) on board such ship or vessel; or shall combine, conspire or confederate with any other person or persons on board to make such revolt or mutiny ;(m) or shall solicit, incite or stir up any other or others of the crew to punishment under this act. United States v. Peterson, 1 W. & M. 306.

(a) This act enumerates three distinct offences, viz.: 1. Maliciously, and without justifiable cause, forcing an officer or mariner on shore in a foreign port: 2. Maliciously, or without justifiable cause, leaving any officer or mariner behind in a foreign port: 3. Maliciously, and without justifiable cause, refusing to bring home again all the officers and mariners of the ship, in a condition to return, and willing to return. United States v. Netcher, 1 Story, 307.

(b) It is not necessary to complete the first and second of the enumerated offences, that the officer or mariner should be in a condition to return, and willing to return. These latter words apply only to the third and last of the enumerated offences. United States v. Netcher, 1 Story, 307.

(2) For form of indictment, see Whart. Prec. & 931.: (d) See United States v. Grush, 5 Mas. 290. United States v. Terrel, Hemp. 422.

(c) In an indictment for an assault with an axe, it will be in ferred, that it was a deadly weapon without such allegation. Dollashide v. United States, 1 Morris, 233. The danger referred to, is danger to life. It is a question for the jury. United States v. Small, 2 Curt. C. C. 241.

(g) The offence is complete, though the person assaulted were not one of the crew. United States v. Small, 2 Curt. C. C. 242. The offence described in this act is a misdemeanor and not a felony; and it is not necessary, in an indictment under it. to charge that the assault was committed feloniously, or with intent to perpetrate a felony. United States v. Gallagher, 2 Paine, 447. (4) Foreign seamen on board of American ships, are subject to

(i) A ship engaged in a whaling voyage, without having surrendered her register, or taking out an enrolment and license, pursuant to the act of 1793, is not an American ship within the provision of this act. United States v. Rogers, 3 Sumin. 342. But it is enough, in the first place, to show that the vessel sailed from and to an American port, and was apparently controlled by citi zens of the United States. United States v. Peterson, 1 W ̊& M. 306.

(k) Revolts on shipboard are to be considered as defined by this act, and consist not only in attempts 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 exerc.se of his authority. United States v. Peterson, 1 W. & M. 305. But a mere disobedience of orders by one or two of the seamen, without combining with the others, or offensive or insolent language, is not a revolt. United States v. Forbes, Crabbe, 558. Since the passage of this act, an indictment for revolt, must set forth specifically the acts which constitute the offence. United States v. Almeida, Whart. Prec. & 1061.

(1) See supra, 44, for the definition of a revolt or mutiny. For forms of indictments, see Whart. Prec. 2 1062-6.

(m) To sustain an indictment for an endeavor to make a revolt, a confederacy or combination must be shown, between two or more of the seamen, to refuse to do further duty on board the ship, and to resist the lawful commands of the officers. United States v. Cassedy, 2 Suma. 582. See United States v. Peterson,

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