The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1867-02-15
aIaAT-gNIT1 GKO5sa+4a-
IHA FRID AY FEBRU AIRY IS 1867

q
lean vessel on waters within the ad
mIralty and maritime jurisdiction I
. the. United States, they efideaTored. {
make a revolt or mutinv. The fact
are, that shortly prior to the 18th NJ
+ yem Der, 1866 theyfshippen as rousta
bouts xons the steamer. Waiter d
Dance am American vessel iunlyen
rolled and licensed, at $50 a month
| fora. TogageL up thea1iissb atil River 4
Omaha; that on the upward voyag,
on November 18th, white lying to a
y ST. Joseph. Missouri, Wordy reaohe,
1 THE boat in:the. .afternoo that al slarg
qamonnt Aoffailroad Iron was TO B.
shipped 70 Omaha, and whHeTat tn,
federated among themselves and will
others of the crew to demand an in
crease of wages to sixty dollars {
month, and ten'cents bar on tn,
iron. After supper the mate, ordered
fitheycrew to load the, iron. They ne
fused, unless their demand was com
piled with. At length, the. boats off.
GERS yielded to the demandg but sthe
crew, including defendants, astillr re-
fused to load the iron till the morn.
| ing. No violence was offered ,or
threatened to the boats officers. ~
The act of Congress of March 3,
1860, (Brightley's Digest, 210D under
which this prosecution is instituted.
makes it a misdemeanor forts any one
or moreho of the crew of ansAn1erica1n
ship or vessel on the high seas. or any
other waters within the admiralty and
maritime jurisdiction of the United
States, to endeaVor to make a lreyolt
or mutiny board such ship or YES
SELL ,lpS,7T IN
1t is not denied that the offehseyG if
any, was committed within the@ad-
mifaity and maritime Satisfaction of
the United States IL
The question, then, is, de. the, facts
In the ease constitute an endeavor to
make aSrevolt or nfutiny within the
meaning of the aeti0 The phrasel l.seirl
deavor to make revolt is contained
in section IL of the act of 1870 and
came under judicial .construetionFiR 2
MasGn's Reports, 272. in which ,Iudoe
Storey holds this language y fn.sIoTtp
whichever gbyasthe overt acts Of thes
crew, the authority ofathe master in
the free nayigatipnor. managementiof
the ship, or IN the free, excise of hiss
rights and duties on board, is entirely
ogerthrowu, aud there is, fntentional- l
lyyrcaused by ssuch acts, "a Suspension |
actual or scopstruetifes I,ofa his come
mand, 1T is a reyolt.of the crew. Di-
rect. positive, force npon the master is
not refusal to perform any, duty onJ
board until he has Welded to some ]
illegal demand of the crew. when Il |
has produced de facto a compli-
ance,s or suspension of his power
OF command, is "a reveltge And
any act or attempt or combination to |
produce such a revolt, is an endeayor I,
to make a revolt.l'a 50 in g Sumner Z
Reports, 582, the same learned Judge
says that where there was, among |
the defendant or any two or more Of |
them, a common consideration or COM
bination to refuse to do further dutv /
on board the ship, and to resist the I
lawful commands of the officers IN re-
gard to the sailing or preparations for
the voyage, lorYany encouragement by 4
The defendants of each other in such
lcts. by refusal and disobedience. then
he offense, In contemplation of law.
mas been committed, unless some JUS
.lticatlon of the refusal and disobedi-
snce is made out. In. g. Curtis Rel
ports, i225, this decision is affirmed by
Judge Curtis.se g sm9I ihaoi t3n
The same provision of the act came
Up Ter construction in i Woodbury.
md Minots reports, 305a In. that +
ase Judge Woodbury. held this Ian
'uage: 1t is not sufficient to have
70 intention to7assdme the command ]
+ the Eessel or iltold estroyihergor to |
AIRY her off like pirates. but there b
must be no NATURALIZATION or. aiso- d,
edleRce, no. violence towards those l.
7ho0 by lawas we'll as BY Contract. are
2 rule and not toqbe'tulef on'board 4
Ffom the foregoing. g decisions it'll
GEMS clear that the case at. bar is.an !,
ndeayofsto make a revolt or iffiutfnyyih p
| fail to see the force DfIthc obietGb b
on made, by defendants counsel .otn
lat the act In question ia its spirit Ia
pplies TO ships on the high seas, but
pes notbapp1y to- vessels navigating 2,
ur Western waters within the al. h
lraIty and maritime, jurisdiction of h,
le United States. The statute de-
ares that it does SO apply. and / II
now ofno powerin courts to declare Z
lat 1t does notoss 2aiIWo4g 9di DDS /,
The defendants were admitted to :
III IN the sum of $500 each, in de.
ult whereof they will be committed |
JaiLd ssAUGa W3AIExANDER.. ~ /