Revolt
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REVOLT, crim. law. The act of congress of April 30, 1790, s. 8, 1 Story's L.
U. S. 84, punishes with death any seaman who shall lay violent hands upon
his commander, thereby to hinder or prevent his fighting in defence of his
ship, or goods committed to his trust, or shall make a revolt in the ship.
What is a revolt is not defined in the act of congress nor by the common
law; it was therefore contended, that it could not be deemed an offence for
which any person could be punished. 1 Pet. R. 118.
2. In a case which occurred in the circuit court for the eastern
district of Pennsylvania, the defendants were charged with an endeavour to
make a revolt. The judges sent up the case to the supreme court upon a
certificate of division of opinion of the judges; as to the definition of
the word revolt. 4 W. C. C. R. 528. The opinion of the supreme court was
delivered by Washington, J., and is in these words "This case comes before
the court upon a certificate of division of the 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 endeavoring 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
endeavor 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." 11 Wheat. R. 417.
Vide 4 W. C. C. R. 528, 405; Mason's R. 147 4 Mason, R. 105; 4 Wash. C. C.
R. 548 1 Pet. C. C. R. 213; 5 Mason, R. 464; 1 Sumn. 448; 3 Wash. C. C. R.
525; 1 Carr. & Kirw. 429.
3. According to Wolff, revolt and rebellion are nearly synonymous; he
says it is the state of citizens who unjustly take up arms against the
prince or government. Wolff, Dr. de la Nat. 1232.