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2644. Whenever any vessel or boat, from which any piratical aggres. sion, search, restraint, depredation or seizure, shall have been 'first at. tempted or made, shall be captured and brought into any port of the United States, the same shall and may be adjudged and condemned to their use, and that of the captors, after due process and trial, in any court having admiralty jurisdiction, and which shall be holden for the district into which such cap. tured vessel shall be brought ; and the same court shall thereupon order a sale and distribution thereof accordingly, and at their discretion.(1)*

2645. If any seaman or other person shall commit manslaughter upon the high seas, or confederate, or attempt or endeavour to corrupt any command. er, master, officer or mariner, to yield up, or to run away with any vessel, or with any goods, or to turn pirate, or to go over to or confederate with pirates, or in any wise trade with any pirate knowing him to be such, or shall furnish such pirate with any ammunition, stores or provisions of any kind, or shall fit out any vessel knowingly and with a design to trade with or supply or correspond with any pirate or robber upon the seas; or if any pero son shall any ways consult, combine, confederate or correspond with any pirate or robber on the seas, knowing him to be guilty of any such piracy or robbery; or if any seaman shall confine the master of any vessel, or en. deavour to make a revolt in such vessel : such person so offending, and being thereof convicted, shall be imprisoned not exceeding three years, and fined not exceeding one thousand dollars.(2)*

SECTION II.

Of Offences committed on Waters within the Admiralty Jurisdiction.

Murder, rape, &c. how punished 2646 mariner, &c. on shore, or leaving Attacking vessel with intent to him, how punished

2651 plunder

2647 Setting fire to, burning, or other. Breaking into vessel with intent to wise destroying vessels of war of commit felony-maliciously de

U.S.

2652 stroying cordage, &c.

2648 Person destroying vessel of which Buying and receiving goods, &c. he is not owner--vessel of which knowing them to be stolen 2649 he is owner

2653 Plundering, stealing, or destroying Revolt and mutiny, how punished 2654

effects of wrecked vessels-or Attempt at revolt and mutiny 2655 obstructing escape

of person Master maltreating crew, how putherefrom-showing false lights nished

2656 or extinguishing true ones 2650 Officers on board vessels of U. S. Master of vessel abroad, forcing in foreign place, when triable 2657

(1) Act 3d March, 1819, sec. 4.

(2) Act 20th April, 1790, sec. 12.

The act 3d March was limited in duration ; but was rendered perpetual by acts 15th May, 1820, sec. 1, and 30th January, 1823.

Under the 12th section of the act of 20th April, 1790, the court may give a judicial definition to the phrase " endeavour to make revolt.The crime consists in the endeavour of the crew or any 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 obedience from the lawful commander to any other person. -U. States v. Kelly et al. 11. Wheat. 417. United States v. Smith, i Mason, 147.

On an indictment for an endeavour to make a revolt, founded on the above sec. tion, it is not necessary to prove that it was committed on the high seas.-United States v. Hamilton, 1 Mason, 443. Such an endeavour in a foreign port is within the act.-United States v. Keefe, 1 Mason, 475.

Any confinement of the master, whether by depriving him of the use of his limbs, or shutting him up in the cabin, or by intimidation, preventing him from a free use

ART. 2646. If any person upon the high seas, or in any arm of the sea, or in any river, haven, creek, basin or bay, within the admiralty and maritime jurisdiction of the United States, and out of the jurisdiction of any particular state, shall commit the crime of wilful murder, or rape, or shall, wilfully and maliciously, strike, stab, wound, poison, or shoot at, any other person, of which striking, stabbing, wounding, poisoning, or shooting, such person shall afterwards die

upon

land within or without the United States, every person so offending, his or her counsellors, aiders or abetlors, shall be deemed guilty of felony, and shall, upon conviction thereof, suffer death.(1)

2647. If any person upon the high seas, or in any arm of the sea, or in any river, haven, creek, basin or bay, within the admiralty and maritime jurisdiction of the United States, and out of the jurisdiction of any par. ticular state, shall, by surprise or by open force or violence, maliciously attack, or set upon, any vessel belonging in whole or part, to the United States, or to any citizen or citizens thereof, or to any other person whatsoever, with an intent unlawfully to plunder the same vessel, or to despoil any owner or owners thereof of any moneys, goods or merchandise, laden on board thereof, every person so offending, his or her counsellors, aiders or abettors, shall be deemed guilty of felony : and shall, on conviction thereof, be punished by fine not exceeding five thousand dollars, and by imprisonment and confinement to hard labour, not exceeding ten years, according to the aggravation of the offence.(2)

2648. If any person upon the high seas, or in any of the other places aforesaid, with intent to kill, rob, steal, commit a rape, or to do or perpetrate any other felony, shall break or enter any vessel, boat or raft; or if any person shall, wilfully and maliciously, cut, spoil, or destroy, any cordage, cable, buoys, buoy-rope, headfast, or other fast, fixed to any anchor or moorings, belonging to any vessel, boat, or raft; every person so offending, his or her counsellors, aiders and abettors, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine not exceeding one thoil. sand dollars, and by imprisonment and confinement to hard labour not exceeding five years, according to the aggravation of the offence.(3)

2649. If any person upon the high seas, or in any of the places aforesaid, shall buy, receive, or conceal or aid in concealing any money, goods, bank notes, or other effects or things which may be the subject of lar. ceny, which have been feloniously taken or stolen from any other person knowing the same to have been taken or stolen, every person so offending shall be deemed guilty of misdemeanor, and may be prosecuted therefor, although the principal offender chargeable or charged with the larceny, shall not have been prosecuted or convicted thereof; and shall, on convic. tion thereof, be punished by fine not exceeding one thousand dollars, and imprisonment and confinement to hard labour not exceeding three years, according to the aggravation of the offence.(4)

2650. If any person shall plunder, steal or destroy, any money, goods, merchandise or other effects, from or belonging to any vessel, boat or

(1) Act 3d March, 1825, sec. 4. (2) Ibid. sec. 6.

(3) Ibid. sec. 7.
(4) Ibid. sec. 8.

of every part of the vessel, is a confinement in contempt of the law.–United States v. Sharp, 1 Pet. 118. United States v. Bladen, 1 Pet. 213.

Manslaughter is not punishable under article 2645, unless committed on the high seas; a river a half mile wide in the interior of a country, is not comprehended by the words “high seas." —United States v. Wiltberger, 5 Wheat. 76.

raft, which shall be in distress, or which shall be wrecked, lost, stranded or cast away, upon the sea, or upon any reef, shoal, bank, or rocks, of the sea, or in any other place within the admiralty and maritime jurisdiction of the United States; or if any person shall wilfully obstruct the escape of any person endeavouring to save his or her life from such vessel, boat, or rast, or the wreck thereof, or if any person shall hold out or show any false light, or lights, or extinguish any true light, with intention to bring any vessel, boat or raft, being or sailing upon the sea, into danger or distress, or shipwreck; every person so offending, his or her counsellors, aid. ers and abettors, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine not exceeding five thousand dollars, and imprisonment and confinement to hard labour, not exceeding ten years, according to the aggravation of the offence.(1)

2651. If any master or commander of any vessel, belonging in whole or in part to any citizen or citizens of the United States, shall, during his be ing abroad, maliciously and without justifiable cause, force any officer or mariner of such vessel, on shore, or leave him behind in any foreign port or place, or refuse to bring home again, all such of the officers and mariners of such vessel whom he carried out with him, as are in a condition to return, and willing to return, when he shall be ready to proceed in his homeward voyage, every master or commander so offending, shall, on conviction thereof, be punished by fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, according to the aggravation of the offence.(2)

2652. If any person shall wilfully and maliciously set on fire, or burn or otherwise destroy, or cause to be set on fire, or burnt, or otherwise destroyed, or aid, procure, abet or assist in setting on fire, or burning or otherwise destroying, any vessel of war of the United States, afloat on the high seas, or in any arm of the sea, or in any river, haven, creek, basin or bay within the admiralty jurisdiction of the United States, and out of the jurisdiction of any particular state, every person so offending shall be deemed guilty of selony, and shall, on conviction thereof, suffer death: Provided, That nothing herein contained, shall be construed to take away or impair the right of any court martial to punish any offence which by the laws of the United States may be punishable by such court.(3)

2653. Any person not being an owner, who shall, on the high seas, wil. fully and corruptly cast away, burn, or otherwise destroy, any vessel unto which he belongeth, being the property of any citizen or citizens of the United States, or procure the same to be done, and being thereof lawfully con. victed, shall suffer death.(4)

If any person shall, on the high seas, wilfully and corruptly cast away, burn or otherwise destroy any vessel of which he is owner, in part or in whole, or in any wise direct or procure the same to be done with intent or design to prejudice any person or persons that hath underwritten, or shall underwrite, any policy or policies of insurance thereon; or if any merchant or merchants that shall load goods thereon, or of any other owner or own. ers of such vessel, the person or persons offending therein being thereof lawfully convicted, shall be deemed and adjudged guilty of felony, and shall suffer death.(5)* (1) Act 3d March, 1825, sec. 9.

(4) Act 26th March, 1804, sec. 1. (2) Ibid. sec. 10.

(5) Ibid. sec. 2. Ibid. sec. 11.

* The Act of 26th March, 1804, against wilfully destroying a vessel at sea, does not make it an offence when done with intent to prejudice an underwriter on the cargo.—U. States v. Johns, 1 Wash. C. C. Rep. 363.

2654. 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 lawsul 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, 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 (1)

2655. 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 per. son 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 man. ner, or make a riot on board thereof, or shall unlawfully confine the mas. ter, or other commanding officer 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.(2)

2656. If any master or other officer, of any American ship or vessel on the high seas, or on any other waters within the admiralty and maritime ju. risdiction 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.(3)

2657. If any offence shall be committed on board of any vessel belonging to any citizen or citizens of the United States, while lying in any port or place within the jurisdiction of any foreign state or sovereign, by any person belonging to the company of said ship, or any passenger, on any

person belonging to the company of said ship, or any other passenger, the same offence shall be cognizable and punishable by the proper circuit court of the United States, in the same way and manner, and under the same circumstances as if said offence had been committed on board of such vessel on the high seas and without the jurisdiction of such sovereign or state : Pro

other

(3) Ibid. sec. 3.

(1) Act 3d March, 1835, sec. 1.

Ibid, sec, 2.

vided always, That if such offender shall be tried for such offence, and acquitted or convicted thereof in any competent court of such foreign state or sovereign, he shall not be subject to another trial in any court of the United States.(1)

SECTION III.

of offences on Land within the Jurisdiction of the United Stutes.

Murder, manslaughter, how pu- Burning arsenal, armory, &c., how nished 2658 punished

2660 Burning fort, dock-yard, &c. man- Other offences, how punished 2661 sion, &c., how punished 2659 Misprison of felony-what-how

punished

2662

ART. 2658. If any person or persons shall, within any fort, arsenal, dock yard, magazine, or in any other place or district of country, under the sole and exclusive jurisdiction of the United States, commit the crime of wilful murder, such person or persons, on being thereof convicted, shall suffer death.(2)*

If any person or persons shall, within any fort, arsenal, dock yard, magazine, or other place or district of country, under the sole and exclusive jurisdiction of the United States, commit the crime of manslaughter, and shall be thereof convicted ; such person or persons shall be imprisoned not exceeding three years, and fined not exceeding one thousand dollars.(3)

2659. If any person or persons within any fort, dock yard, navy yard, arsenal, armory, or magazine, the site whereof is ceded to and under the jurisdiction of the United States, or on the site of any light house, or other needful building belonging to the United States, the site whereof is ceded to them, and under their

jurisdiction as aforesaid, shall wilfully and maliciously burn any dwelling house, or mansion house, or any store, barn, stable, or other building, parcel of any dwelling or mansion house, every person so offending, his or her counsellors, aiders, and abettors, shall be deemed guilty of felony, and, shall, on conviction thereof, suffer death.(4)

2660. If any person or persons in any of the places aforesaid, shall wilfully and maliciously set fire to, or burn, any arsenal, armory, magazine, rope-walk, ship-house, ware-house, block-house, or barrack, or any store. house, barn, or stable, not parcel of a dwelling house, or any other building not mentioned in the first section of this act, (art. 2659,) or any vessel, built or building, or begun to be built, or repairing, or any light-house or beacon, or any timber, cables, rigging, or other materials for building, repairing or fitting out, vessels, or any pile of wood, boards, or other lumber, or any military, naval, or victualing stores, arms, or other munitions of war, every person so offending, his or her counsellors, aiders and abettors, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine not exceeding five thousand dollars, and by imprisonment and confinement

(1) Act 3d March, 1825, sec. 5.
(2) Act 30th April, 1790, sec. 3.

Ibid. sec. 7.
Act 3d March, 1825, sec. 1,

* The words “other places in the preceding article, mean places of similar character with those enumerated : places also fixed and territorial ; and an offence committed on board a ship of the line lying in the waters of the United States, is not embraced by that article.-U. S. v. Bevan, 3 Wheat. 390.-U. S. v. Holmes, 5 Wheat. 412.

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