United States v. Hamilton
U.S. Circuit Court for the District of Massachusetts
Indictment against the defendants for an endeavour to make a revolt on hoard the American ship Courier, against the statute of the 30th of April, 1790 (chapter 9, § 12). It appeared in evidence, that the defendants were mariners of the ship Courier, and shipped for a voyage “from Boston for a port or ports beyond the Cape of Good Hope, one or more times, and thence to her port of final discharge in the United States.”
Read the full summary
Indictment against the defendants for an endeavour to make a revolt on hoard the American ship Courier, against the statute of the 30th of April, 1790 (chapter 9, § 12). It appeared in evidence, that the defendants were mariners of the ship Courier, and shipped for a voyage “from Boston for a port or ports beyond the Cape of Good Hope, one or more times, and thence to her port of final discharge in the United States.” The shipping articles were in the usual printed form, and began as follows;—“It is agreed between the master, seamen or mariners of the ship Courier, Henry Prince. Jr., master,…
1Opinion of the Court
STOItY. Circuit Justice.
The court do not admit the validity of either of the grounds assumed in this defence. The 12th section of the act.on which this indictment is founded, does not limit the offence to the high seas. It declares, that “if any seaman shall confine the master of any ship or other vessel, or endeavour to make a revolt in such ship, such person or persons so offending. &c. Ac.” The argument is, that because certain other offences, enumerated in tin* preceding part of this section, are limited to the high seas, or the seas, therefore the same limitation should be constructively…
2Cited by2 opinions
- Ex parte ByersDistrict Court, E.D. Michigan · 1887
- Fitzsimmons v. BaxterNew York Court of Common Pleas · 1869