United States v. Kelly — 24 U.S. 417

Majority — Washington J.

p. 417

[Construction of Statute.]

The United States v. Kelly and Others.

Syllabus

Although the Crimes Act of 1790, c. 36. [ix.] s. 12. does hot define the offence of endeavouring to make a revolt, it is competent for the Court to give a judicial definition of it.

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 the 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 obe.dience from the lawful commander to some other person.

THE defendants, Kelly and others, were indicted in the Circuit Court' for the District of Pennsylvania, for that the defendants, on the 24th of December, 1824, being seamen on board a merchant vessel of the United States, called the Lancaster, on the high seas, feloniously endeavoured to mak,e a revolt in. the said vessel, contrary to the act of Congress of the 30th of April, 1790, c. 36. [ix.] s, 12. The defendants were found guilty, and moved the Court, in arrest

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of judgment, upon the ground, “that the act of. Congress does not define the offence of endeavouring to make a revolt, and ^that it was not competent to the Court to give a judicial definition of a crime heretofore unknown.” The opinions of the Judges of the Court below being divided upon this motion, the case was certified to this Court for determination.

March mh.

The cause was submitted without argument by the Attorney General for the United States, no counsel appearing for the prisoners.. .

March 10th.

delivered the opinion of the Court.

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

p. 419

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.