United States Statutes at Large/Volume 4/23rd Congress/2nd Session/Chapter 40

←

United States Statutes at Large, Volume 4
United States Congress

Public Acts of the Twenty-Third Congress, Second Session, Chapter 40

→

3281473United States Statutes at Large, Volume 4 — Public Acts of the Twenty-Third Congress, Second Session, Chapter 40United States Congress

March 3, 1835.

Chap. XL.—An Act in amendment of the acts for the punishment of offences against the United States.^[1]

Revolt and mutiny on board a vessel to be punished by fine and imprisonment, and not as a capital offence.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any one or more of the crew of any American ship or vessel on the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States, shall unlawfully, wilfully, and with force, or by fraud, threats, or other 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 and felony; and shall, on conviction thereof, be punished by fine not exceeding two thousand dollars; and by imprisonment and confinement to hard labour 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 eighth section of the act of Congress, passed the thirtieth day of April, in the year of our Lord one thousand seven hundred and ninety,1790, ch. 9. 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 present act, and not otherwise.

Punishment for an endeavour to make a revolt or mutiny, &c.Sec. 2. And be it further enacted, That if any one or more of the crew of any American ship or vessel on the high seas, or any other waters, within the admiralty and maritime jurisdiction of the United States, shall endeavour to make a revolt or mutiny 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, or shall solicit, incite or stir up any other or others of the crew to disobey or resist the lawful orders of the master, or other officer of such ship or vessel, or to refuse or neglect their proper duty on board thereof, or to betray their proper trust therein, or shall assemble with others in a tumultuous and mutinous manner, or make a riot on board thereof, every such person so offending shall, on conviction thereof, be punished by fine, not exceeding one thousand dollars, or by imprisonment not exceeding five years, or by both, according to the nature and aggravation of the offence.

Punishment of master or other officer for maltreating one or more of the crew.Sec. 3. And be it further enacted, That if any master or other officer,^[2] of any American ship or vessel on the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States, shall from malice, hatred or revenge, and without justifiable cause, beat, wound, or imprison, any one or more of the crew of such ship or vessel, or withhold from them suitable food and nourishment, or inflict upon them any cruel and unusual punishment, every such person so offending shall, on conviction thereof, be punished by fine, not exceeding one thousand dollars, or by imprisonment not exceeding five years, or by both, according to the nature and aggravation of the offence.

Procedure in case a person arraigned shall stand mute, &c.Sec. 4. And be it further enacted, That whenever any person indicted for any offence against the United States, whether capital or otherwise, shall upon his arraignment stand mute, or will not plead or answer thereto, it shall be the duty of the court to enter the plea of not guilty on his behalf, in the same manner as if he had pleaded not guilty thereto. And when the party shall plead not guilty, or such plea shall be entered as aforesaid, the cause shall be deemed at issue, and shall, without further form or ceremony, be tried by a jury.Challenge. And in all trials in capital cases, if the party indicted shall peremptorily challenge above the number of jurors allowed by law, such excess of challenges shall be disallowed by the court, and the cause shall proceed for trial in the same manner as if the same [said] challenges had not been made.

Court may order sentence be executed in house of correction, &c.Sec. 5. And be it further enacted, That whenever any person shall be convicted of any offence against the United States which is punishable by fine and imprisonment, or by either, it shall be lawful for the court by which the sentence is passed, to order the sentence to be executed in any house of correction, or house of reformation for juvenile delinquents within the state or district where such court is holden, the use which shall be allowed and authorized by the legislature of the state for such purpose. And the expenses attendant upon the execution of such sentence shall be paid by the United States.

Approved, March 3, 1835.

↑ Revolt.
Where there is a deviation from the voyage in the shipping articles, a refusal of the seamen, subsequently, to do duty on that account, does not amount in law to an endeavour to commit a revolt, under the act of Congress of 1835, ch. 40, sec. 2. United States v. John Matthews, 2 Sumner’s C. C. R. 470.
To sustain an indictment for an endeavour to make a revolt, under the act of congress of 1835, ch. 40, sec. 2, a confederacy or combination must be shown, between two or more of the seamen, to refuse to do further duty on board of the ship, and to resist the lawful commands of the officers. The United States v. Alfred Cassedy et al., 2 Sumner’s C. C. R. 582.
The contract of seamen for the voyage is not suspended or extinguished by the death, removal, or resignation of the original master; but they are bound to perform the voyage under any person who is lawfully substituted in his place. Ibid.
If a person substituted as master be grossly incompetent to the duties of his station, from want of skill or bad habits, or profligate and cruel behaviour, the seamen may be justified in refusing to do duty or to remain by the ship. Ibid.
The act of 1835, ch. 40, provides, “That if any one mor more of the crew of an American ship or vessel on the high seas, &c., shall endeavour to make a revolt, &c., he and they shall be punished as provided in the act.” Held, that a ship engaged in a whaling voyage, without having surrendered her register, or taken out an enrolment and license pursuant to the act of 1793, ch. 8, was not an American ship, within the purview of the act of 1835, ch. 40, and that an indictment would not hold, under this act, against the crew, for an endeavour to make a revolt. The United States v. Rogers, 3 Sumner’s C. C. R. 342.
↑ The act of Congress of 1835, ch. 40, sec. 3, “that if any master or other officer of an American ship or vessel shall, from malice, hatred, or revenge, and without justifiable cause, beat, wound or imprison any one or more of the crew of such ship or vessel,” &c., he shall be punished in the manner stated in the act. Held, that “malice,” in the sense of the act, signified wilfulness, or a wilful intention to do a wrongful act, and that to authorize a conviction under this act, two things must be shown: first, malice, or hatred, or revenge; and, secondly, a want of justifiable cause to inflict the injury. United States v. Otis Taylor, 2 Sumner’s C. C. R. 584.
The master, when on board, has generally the sole authority to authorize punishment to be inflicted on any of the crew, and if he is present when punishment is inflicted by a subordinate officer, and can prevent it, he is personally responsible for the act; and neither the mate nor any subordinate officer has authority to punish any seaman, even for improper behaviour to himself personally, when the master is on board, except by authority, express or implied, by the master, or when the necessities of the service require instantaneous punishment, as by blows or otherwise, to compel a seaman to his duty. Ibid.
In the absence of the master, the next highest officer on board succeeds to his right and authority, pro tempore, so far as they are necessary for the due performance of the ship’s duties. Ibid.

[p775-1] Revolt.
Where there is a deviation from the voyage in the shipping articles, a refusal of the seamen, subsequently, to do duty on that account, does not amount in law to an endeavour to commit a revolt, under the act of Congress of 1835, ch. 40, sec. 2. United States v. John Matthews, 2 Sumner’s C. C. R. 470.
To sustain an indictment for an endeavour to make a revolt, under the act of congress of 1835, ch. 40, sec. 2, a confederacy or combination must be shown, between two or more of the seamen, to refuse to do further duty on board of the ship, and to resist the lawful commands of the officers. The United States v. Alfred Cassedy et al., 2 Sumner’s C. C. R. 582.
The contract of seamen for the voyage is not suspended or extinguished by the death, removal, or resignation of the original master; but they are bound to perform the voyage under any person who is lawfully substituted in his place. Ibid.
If a person substituted as master be grossly incompetent to the duties of his station, from want of skill or bad habits, or profligate and cruel behaviour, the seamen may be justified in refusing to do duty or to remain by the ship. Ibid.
The act of 1835, ch. 40, provides, “That if any one mor more of the crew of an American ship or vessel on the high seas, &c., shall endeavour to make a revolt, &c., he and they shall be punished as provided in the act.” Held, that a ship engaged in a whaling voyage, without having surrendered her register, or taken out an enrolment and license pursuant to the act of 1793, ch. 8, was not an American ship, within the purview of the act of 1835, ch. 40, and that an indictment would not hold, under this act, against the crew, for an endeavour to make a revolt. The United States v. Rogers, 3 Sumner’s C. C. R. 342.

[2] The act of Congress of 1835, ch. 40, sec. 3, “that if any master or other officer of an American ship or vessel shall, from malice, hatred, or revenge, and without justifiable cause, beat, wound or imprison any one or more of the crew of such ship or vessel,” &c., he shall be punished in the manner stated in the act. Held, that “malice,” in the sense of the act, signified wilfulness, or a wilful intention to do a wrongful act, and that to authorize a conviction under this act, two things must be shown: first, malice, or hatred, or revenge; and, secondly, a want of justifiable cause to inflict the injury. United States v. Otis Taylor, 2 Sumner’s C. C. R. 584.
The master, when on board, has generally the sole authority to authorize punishment to be inflicted on any of the crew, and if he is present when punishment is inflicted by a subordinate officer, and can prevent it, he is personally responsible for the act; and neither the mate nor any subordinate officer has authority to punish any seaman, even for improper behaviour to himself personally, when the master is on board, except by authority, express or implied, by the master, or when the necessities of the service require instantaneous punishment, as by blows or otherwise, to compel a seaman to his duty. Ibid.
In the absence of the master, the next highest officer on board succeeds to his right and authority, pro tempore, so far as they are necessary for the due performance of the ship’s duties. Ibid.

[1]

[2]