(1062) Endeavoring to make a revolt.(d) That A. B., late of, etc., C. D., late of, etc., and E. F., late of, etc. (specify every one separately, as above), heretofore, to wit, on, 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 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.' "The unlawful acts, which now fall within the definition of a maritime revolt, are distributed by the language of this section into four categories or classes: 1. Simple resistance to the exercise of the captain's authority; 2. The deposition of the captain from his command; 3. The transfer of the captain's power to a third person; 4. The usurpation of the captain's power by the party accused. "It is impossible to analyze the section as I have done, without remarking that the offences which it includes, however similar in character, differ widely in degree. The simple act of unpremeditated resistance to the captain cannot be identified with his formal degradation from the command, still less with the usurpation of his station, without overlooking the gradations of crime, and confounding the acccidental turbulence of a heated sailor with the deliberate and daring triumphant conspiracy of mutineers. "This indictment, however, makes no reference to these statutory distinctions. It pursues the precedents in use before the act, and charges all the prisoners, simply and alike, with making a revolt:' and in this, we are told, it conforms to other indictments which have been framed by different attorneys for the United States since the act was passed. But is there in this such a clear and specific description of the offence of each of these men as the rules of criminal pleading prescribe, and the language of the act has made easily practicable? Is it more than a charge in the alternative or disjunctive, when the terms in which the charge is made must be resolved into alternative or disjunctive propositions in order to be understood? Does this court see, on inspecting the record of this conviction, and will other courts, who may hereafter refer to it for a precedent, see that clear reference to the grades of guilt recognized by the act of congress, which should explain the difference properly to be made in the sentences of the prisoners? 66 The circumstances of the case, as they are known to the judge who presided at the trial, illustrate the force of this last question. Among the prisoners is a principal officer of the ship, who, according to the evidence upon which the jury convicted him, was the moving spirit and principal actor of the revolt, who struck the captain to the deck with a deadly weapon, imprisoned him, bound, in a darkened state-room, with a sentry at the door, while he himself usurped the command of the ship, continuing to exercise it till he was within two hours' travel of the city. Another prisoner is a simple seaman, whose offence consisted in omitting to interfere for the captain's rescue, rather than in any more direct agency against him. Had the several categories of crime which the 8th section indicates formed the subjects of charge in as many counts of the indictment, is it not alto (d) U. S. v. Veal, New York, 1847. The defendant was convicted. See Wh. Cr. L. 8th ed. § 1880. The particularization of mode of endeavor is not given in the original form, as sustained by the court. But it should be given for the reasons stated in Almeida's case, supra. See infra, 1068–9. etc., with force and arms, on the high seas, out of the jurisdiction of any particular state of the said United States, on waters within the admiralty and maritime jurisdiction of the said United States, and within the jurisdiction of this court, in and on board of a certain American vessel, being a called the whereof one G. H. was then and there the master and commander, did then and there endeavor to make a revolt (and in pursuance of such endeavor did, etc., specifying mode), they, the said A. B., C. D., and E. F., then and there being (state number) of the crew of the said American vessel called the against, etc., and against, etc. (Conclude as in book 1, chapter 3.) (1063) Second count. Same, setting out the "endeavor" to consist in a conspiracy, etc. That the said A. B., C. D., and E. F., heretofore, to wit, on, etc., with force and arms, upon the high seas, out of the jurisdiction of any particular state of the said United States, on waters within the admiralty and maritime jurisdiction of the said United States, and within the jurisdiction of this court, in and on board of a certain American vessel, being a called the whereof one G. H. was then and there the master and commander, did then and there endeavor to make a revolt, in this, that they, the said A. B., C. D., and E. F., did then and there combine, conspire, and confederate with K. L. and M. N., on board of the said vessel called the to make a revolt in they the said and on board of the said vessel called the gether possible that, upon the same evidence, one of these would now stand convicted on several charges, the other of but one, and that the lightest on the list? "But this is illustration merely the argument is independent of it. The party accused is entitled to the most clear specification of his offence that his character and circumstances reasonably admit of; and it cannot be said that he has had this, when a more direct description is furnished in the very words of the act under which he is indicted. The judgment, therefore, must be arrested. "In thus deciding upon the insufficiency of the indictment, the court is not insensible to the consideration that perhaps very little of essential wrong might have been sustained by either of the prisoners if we could lawfully have proceeded to the sentence. The facts cannot be more faithfully examined, nor the merits of the case more ably developed in argument, nor, as it seems to us, more candidly and intelligently apprehended by the jury, than they were in the protracted and laborious trial which recently closed. But we have no right to consider of policy, at best probable, in reference to a single case, when we are called on to apply the general principles of established law, and to register a precedent for the future action of the court. We perform a single and unmixed duty, when we declare, upon the call of the accused, what are their legal rights."-MS. Report. then and there being (state number) of the crew of the said vessel called the against, etc., and against, etc. (Conclude as in book 1, chapter 3.) Third count. (Like second count, striking out): "did then and there endeavor to make a revolt, in this, that they, the said Fourth count. (Like third count, substituting): "did then and there combine, conspire, and confederate with some other person or persons, on board of said vessel, being a called the to the jurors aforesaid unknown, to make a revolt," etc., for "did then and there combine, conspire, and confederate with said called the to make a revolt," etc. on board of (1064) Fifth count. Same as first, setting out the endeavor to consist in a solicitation of others to neglect their duty, etc. That the said A. B., C. D., etc. heretofore, to wit, on, etc., with force and arms, on the high seas, out of the jurisdiction of any particular state of the said United States of America, on waters within the admiralty and maritime jurisdiction of the said United States, and within the jurisdiction of this court, in and on board of a certain American vessel, being a called the called the whereof one G. H. was then and there the master and commander, did then and there endeavor to make a revolt on board of said in this, that they, the said A. B., C. D., etc., did then and there solicit, incite, and stir up others of the crew of the said called the to the jurors aforesaid unknown, to neglect their proper duty on board of the said and there called the they the said of the crew of the said being then called the against, etc., and against, etc. (Conclude as in book 1, chapter 3.) called the Sixth count. (Like fifth count, substituting): "did then and there solicit, incite, and stir up others of the crew of the said vessel, being a to the jurors aforesaid unknown, to disthe master of ," for "did then and there solicit, obey and resist the lawful orders of the said incite, and stir up others of the crew of the said called the to the jurors aforesaid unknown, to neglect their proper duty on board of the said called the (Like sixth count, substituting): "did then and there solicit, incite, and stir up other and others of the crew of the said vessel, being a to the jurors aforesaid unknown, to betray their proper trust on board thereof, they the said then and there being of the crew of the said called the against the peace," etc., for "did then and there," etc. (1065) Eighth count. Same as first count, setting out the endeavor to consist in an assemblage of the crew in a riotous manner, etc. And the jurors aforesaid, on their oath aforesaid, do further present, that the said heretofore, on the day of in the year of our Lord one thousand eight hundred and with force and arms, on the high seas, out of the jurisdiction of any particular state of the said United States of America, on waters within the admiralty and maritime jurisdiction of the said United States, and within the jurisdiction of this court, in and on board of a certain American vessel, being a called the was then and there the master and commander, did then and there endeavor to make a revolt in and on board of said said whereof one called the in this, that they the did then and there assemble with others of the crew of the said vessel, to the jurors aforesaid unknown, in a tumultuous and mutinous manner, they the said there of the crew of the said being then and called the against, etc., and against, etc. (Conclude as in book 1, chapter 3.) Ninth count. (Like eighth count, inserting after): "in a tumultuous and mutinous manner," "in and on board of said said called the and did then and there make a riot in and on board of the called the (1066) Tenth count. Same as first, laying the time with a continuando. (For final count, see 17, 18, 181, n., 239, n.) (1067) Piracy, at common law.(e) That J. S., K. S., and L. T., on the first day of August, in the year of our Lord one thousand eight hundred and fifty-two, with force and arms, upon the high seas,(f) out of the jurisdiction of any particular state of the United States, and within the jurisdiction of this court,(g) to wit, in and on board(h) of a certain ship, called the "Windsor Castle," in a certain place upon the high seas, distant about ten leagues from Cutcheen, in the East (e) This form, with a portion of the notes, is drawn from Archbold's C. P. 19th ed. 465. (f) The offence must be proved to have been committed within the jurisdiction of the court of admiralty; that is, upon some part of the sea which is not infra corpus comitatus. Such is the general international rule. In England, all rivers in the country, until they flow past the furthest point of land next the sea, are within the jurisdiction of the courts of common law, and not of the court of admiralty (see 1 Co. 175; 3 Inst. 113; 3 T. R. 113; 1 Hawk. c. 37, s. 11); thus where the sea flows in between two points of land in the country, a straight imaginary line being drawn from one point to the other, the courts of common law have jurisdiction of all offences committed within that line; the court of admiralty of all offences without it. But see R. v. Bruce, R. & R. 242. But if a robbery be committed in creeks, harbors, ports, etc., in foreign countries, the court of admiralty indisputably has jurisdiction of it, and such offence is consequently piracy. R. v. Jemot, Old Bailey, 28th February, 1812, MSS. On an indictment for larceny out of a vessel lying in a river at Wampu, in China, the prosecutor gave no evidence, as to the tide flowing or otherwise where the vessel lay; but the judges held that the admiralty had jurisdiction, it being a place where great ships go. R. v. Allen, 1 Mood. C. C. 494. As to offences committed on the coasts, the admiralty have exclusive jurisdiction of offences committed beyond the low-water mark; and, between that and the high-water mark, the court of admiralty has jurisdiction of offences done upon the water when the tide is in: and the courts of common law of offences committed upon the strand when the tide is out. All the other parts of the high sea are indisputably within the jurisdiction of the admiralty, In this country a vessel lying in the open roadstead of a foreign country, is held to be on the high seas. U. S. v. Pirates, 5 Wheat. 184. With us, it is not necessary to give the federal courts jurisdiction that the vessel should have belonged to citizens of the United States; it is enough if she had no national character, but was held by pirates, or persons not lawfully sailing any foreign flag. And the offence is equally cognizable by the U. S. courts if committed on board of a foreign vessel by a citizen of the U. S., or by a foreigner on board of a U. S. vessel; or by a citizen or foreigner on board a piratical vessel. U. S. v. Furlong, 5 Wheat. 152; Ex parte Bollman & Swartwout, 4 Cranch, 75; U. S. e. Kessler, 1 Baldwin, 20; U. S. v. Peterson, 1 W. & M. 306. But it is otherwise with acts of piracy committed by citizens of a foreign country in foreign vessels. Ib. U. S. v. Palmer, 3 Wheat. 632. See Wh. Cr. L. 8th ed. § 1860. All persons on board any vessel which throws 'off its national character by cruising piratically are indictable under the statute. U. S. v. Furlong, 5 Wheat. 183. (g) This is sufficient in the United States. See ante, 17, etc. Wh. Cr. L. 8th ed. § 1867. U. S. v. Gibert, 2 Sumner, 19. (4) This must be proved as laid. If the name of the ship be unknown, it must be stated so in the indictment. |