United States v. Kelly (24 U.S. 417)/Opinion of the Court

by Bushrod Washington

This case comes before the Court upon a certificate of a division of opinion of the Judges of the Circuit Court for the eastern district of Pennsylvania, upon the following point assigned by the defendants as a reason in arrest of judgment, viz. 'that the act of Congress does not define the offence of endeavouring to make a revolt, and it is not competent to the Court to give a judicial definition of an offence heretofore unknown.'

This Court is of opinion, that although the act of Congress does not define this offence, it is, nevertheless, competent to the Court to give a judicial definition of it. We think, that the offence consists in the endeavour 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.

Certificate accordingly.

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