§ 324. Revolt and Mutiny on Ship Board. By adding the words "of the United States" after the word "vessel," old Section 5360 becomes new Section 293 in the following words:

"Sec. 293. Whoever, being of the crew of a vessel of the United States, on the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States, unlawfully and with force, or by fraud, or intimidation, usurps the command of such vessel from the master or other lawful officer in command thereof, or deprives him of authority and command on board, or resists or prevents him in the free and lawful exercise thereof, or transfers such authority and command to another not lawfully entitled thereto, is guilty of a revolt and mutiny, and shall be fined not more than two thousand dollars and imprisoned not more than ten years."

Under the authority of United States vs. Haines, 26 Federal Case No. 15275, and United States vs. Forbes, 25 Federal Case No. 15129, as cited in Volume 6 Federal Statutes, page 929, a revolt is an open rebellion or mutiny of the crew against the authority of the Master in the command, navigation, or control of the ship. If the crew, in a mutiny, were to displace him from the actual command of the ship, and appoint another in his stead, that would clearly be a revolt. It would be an actual usurpation of his authority on board of the ship and an ouster of him from the possession and control of it. As determined in United States vs. Almeida, 24 Federal Case No. 14433, the unlawful acts which now fall within the definition of a maritime revolt are distributed by the language of the Section into four categories or classes: first, simple resistance to the exercise of the captain's authority; second, the deposition of the captain from his command; third, the transfer of the captain's power to a third person; and, fourth, the usurpation of the captain's power by the accused party. See also United States vs. Haines and United States vs. Forbes, cited supra. Other cases are United States vs. Borden, 24 Federal Case, 1202; United States vs. Givings, 25 Federal Case, 1331; United States vs. Haskell, 26 Federal Case, 207; United States vs. Peterson, 27 Federal Case, 515.

See also Sections 323 and 323a. Also U. S. vs. Reid et al. 210 Federal, 486.

§ 325. Seaman Laying Violent Hands on His Commander. By changing the penalty in old Section 5369 from death to imprisonment for life, that section becomes Section 294 of the new Code, as follows:

"Sec. 294. Whoever, being a seaman, lays violent hands upon his commander, thereby to hinder and prevent his fighting in defense of his vessel or the goods intrusted to him, is a pirate, and shall be imprisoned for life."

§ 326. Abandonment of Mariners in Foreign Ports. -Section 5363 of the old statutes, taking into consideration Section 310 of the new Code, which defines what the words. "vessel of the United States" means, is practically the same as Section 295 of the new Code, in the following words:

"Sec. 295. Whoever, being master or commander of a vessel of the United States, while abroad, maliciously and without justifiable cause forces any officer or mariner of such vessel on shore, in order to leave behind him in any foreign port or place, or refuses to bring home again all such 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 is ready to proceed on his homeward voyage, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both."

See United States vs. Ruggles, 5 Mass., 192; United States vs. Coffin, 1 Sumn., 394; United States vs. Netcher, 1 Storey, 307; United States vs. Riddle, 4 Wash., 644; Nieto vs. Clark, 18 Federal Case, 236.

In Chinese Laborers Case, 13 Federal Reporter, 291, the Court held that the immigration laws of the United States, which prohibited the importation of Chinese laborers, did not apply to bringing a Chinese laborer already on board the vessel when touching at a foreign port or place. In other words, while on board an American vessel, a Chinese laborer is within the jurisdiction of the United States, and does not lose, by his employment, the right of residence here previously acquired under the treaty with China. His status. as an American citizen is not changed by the fact of his employment on an American vessel, and that he is permitted by the captain to land for a few hours in a foreign port.

327. Conspiracy to Cast Away Vessel.-Old Section 5364 becomes, without any material change, Section 296 of the new Code, in the following words:

"Sec. 296. Whoever, on the high seas, or within the United States, wilfully and corruptly conspires, combines, and confederates with any other person, such other person being either within or without the United States, to cast away or otherwise destroy any vessel, with intent to injure any person that may have underwritten or may thereafter underwrite any policy of insurance thereon or on goods on board thereof, or with intent to injure any person that has lent or advanced, or may lend or advance, any money on such vessel on bottomry or respondentia; or whoever, within the United States, builds, or fits out, or aids in building or fitting out, any vessel with intent that the same be cast away or destroyed, with the intent herein before mentioned, shall be fined not more than ten thousand dollars and imprisoned not more than ten years."

The constitutionality of this section has been determined in United States vs. Cole, 5 McLean, 513; 25 Federal Cases No. 14832; and in that same case it was also determined that the section related to the internal, as well as the foreign commerce of the United States. In that same case, it was also held that an actual injury was not necessary; as, for instance, any combination or conspiracy to bring about the destruction of the vessel or any portion of its cargo, ripened the offense of the statute.

In United States vs. Hand, 6 McLean, 274; 26 Federal Cases No. 15296, the Court speaks of the specific intent necessary under the statute, which must be both alleged and proven.

§ 328. Plundering Vessel, Etc., in Distress.-By increasing the punishment from ten years to life imprisonment, old Section 5358 becomes new Section 297, in the following words:

"Sec. 297. Whoever plunders, steals, or destroys any money, goods, merchandise, or other effects, from or belonging to any vessel in distress, or 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, shall be fined not more than five thousand dollars and imprisoned not more than ten years; and whoever wilfully obstructs the escape of any person endeavoring to save his life from such vessel, or the wreck thereof; or whoever holds out or shows any false light, or extinguishes any true light, with intent to bring any vessel sailing upon the sea into danger, or distress, or ship

wreck, shall be imprisoned not less than ten years and may be imprisoned for life."

Under United States vs. Coombs, 12 Peters, 72, it is entirely immaterial whether the goods be upon the vessel or not, or whether the goods be above high water mark. It is entirely sufficient if it be property belonging to any ship or vessel. This same case determined the constitutionality of this section, and held that it was within the power of Congress, under the commerce clause of the Constitution.

In United States vs. Stone, 8 Federal, 232, Judge Hammond overruled a motion for a new trial, which was requested by certain men who were convicted for plundering the wreck of the City of Vicksburg, out of which fifty-one indictments were found; and in that opinion, he held that Section 5358 was comprehensive, and afforded an extraordinary protection to property within the admiralty and maritime jurisdiction of the United States, by creating and punishing a substantive and distinct offense for all acts of spoliation upon the property belonging to a vessel wrecked or in distress; that it was not alone the crime of larceny that the statute punishes, but any act of depredation, whether it be of the character that would be piracy if committed on the high seas, robbery or other forcible taking, theft, trespass, malicious mischief, or any fraudulent and criminal breach of trust, if committed on land, of property solely under the protection of Common or statutory law of the State; and that no specific intent was necessary under the statute to constitute the offense. In other words, any intent, except that of restoring the goods to the vessel of the owner, was the unlawful intent comprehended under the statute; and whether conceived at the time of the taking, or subsequently thereto, if carried out, made the offense complete.

United States vs. Sanche was the upholding of a conspiracy indictment under Section 5440, for a violation of 5358. Other cases bearing upon different features of this section are United States vs. Kessler, 26 Federal Cases, 766; United States vs. Pitman, 27 Federal Case, 540; United States vs. Smiley, 27 Federal Cases, 1132.

§ 329. Attacking Vessel with Intent to Plunder.Because of Section 272 of the new Code, heretofore noted, Section 298 of the new Code, which is a re-enactment of Sec

tion 5361 of the old statutes does not enumerate the waters upon which the offense may be committed, and Section 298 is in the following words:

"Sec. 298. Whoever, upon the high seas or on any other waters within the admiralty and maritime jurisdiction of the United States, by surprise or by open force, maliciously attacks or sets upon any vessel belonging to another, with an intent unlawfully to plunder the same, or to despoil any owner thereof of any moneys, goods, or merchandise laden on board thereof, shall be fined not more than five thousand dollars and imprisoned not more than ten years.'

United States vs. Stone, 8 Federal, 232, cited supra.

$330. Breaking and Entering Vessel, Etc.-By changing old Section 5362 so as to limit it to offenses that are committed out of the jurisdiction of any particular State, such section becomes Section 299 of the new Code, in the following words:

"Sec. 299. Whoever, upon the high seas, or on any other waters within the admiralty and maritime jurisdiction of the United States, and out of the jurisdiction of any particular State, breaks or enters any vessel, with intent to commit any felony, or maliciously cuts, spoils, or destroys any cordage, cable, buoys, buoy rope, head fast, or other fast, fixed to the anchor or moorings belonging to any vessel, shall be fined not more than one thousand dollars and imprisoned not more than five years."

§ 331. Owner Destroying Vessel at Sea.-Old Section 5365 denounced the acts only when committed upon the high seas. New Section 300 so broadens the offense as to include all the waters within the admiralty and maritime jurisdiction of the United States, and reads as follows:

"Sec. 300. Whoever, upon the high seas or on any other waters within the admiralty and maritime jurisdiction of the United States, wilfully and corruptly casts away or otherwise destroys any vessel, of which he is owner, in whole or in part, with intent to prejudice any person that may underwrite any policy of insurance thereon, or any merchant that may have goods thereon, or any other owner of such vessel, shall be imprisoned for life or for any term of years."

§ 332. Other Persons Destroying or Attempting to Destroy Vessel at Sea.-Section 301 of the new Code takes the place of old Sections 5366 and 5367, by incorporating