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good faith and upon reasonable grounds, and apparent unseaworthiness, and it is doubtful whether the vessel is unseaworthy or not. But if the vessel, in such case, is clearly seaworthy, it is an endeavor to revolt.1

Confining the Master.-Any seaman who unlawfully confines the master, or other officer commanding, is punished in the same manner as for an "endeavor to make a revolt."

Confinement is not limited to mere personal restraint by seizing the master, and preventing the free movements of his body, nor to imprisonment in any particular place, as locking him in a state-room, or cabin. It is equally a confinement to prevent him from free movements about the ship, by force or intimidation, as by limiting him to walking on a particular part of the deck by terror of bodily injury, or by present force. If he is surrounded, and prevented from moving where he pleases, according to his rights or duty as a master, under threats of force, or if he is restrained from going to any part of the ship, by an avowed determination of the crew, or of any part of them, to resist him, and to employ force adequate to prevent it, these fall within the meaning of confinement.2

And, if the master does, in fact, go unmolested to every part of the ship whenever he pleases, yet if he is compelled, by a regard for his own safety, to go armed, and is restrained from performing the duties of his station, by such mutinous conduct of his crew, as might intimidate a firm man; this would amount to a confinement.3

One who joins in the general conspiracy, and by his presence countenances acts of violence, but who does not individually use force or threats, to compel the master to resign the command of the vessel, is guilty of the offence of confining the master.4

It is not necessary that the confinement should be for any particular length of time, to constitute the offence; if it was unlawful, the crime was committed, whether the confinement was for a minute, or for an hour, or a day.5

But if a seaman is suddenly seized by the master, and, without any intention of restraining him of his liberty, from the mere impulse of nature, he takes hold of the master, to prevent any injury, for an instant only, so that the act may (1) 2 Sumner, 13.-(2) 4 Mason, 105.-(3) Pet. C. C. R. 213. 118.-(5) Ibid.

-(4) Ibid.

be fairly deemed involuntary, it could hardly be deemed a confinement. But if the seizing by the master is justifiable, and he does not exceed the punishment, which he is by law entitled to inflict, then, the seaman cannot restrain him, but is bound to submit; and if he does hold the master in personal confinement or restraint, the offence has been committed.1

Every confinement is not an offence. It must be an unlawful confinement or restraint. If the master is about to do an unlawful act, and especially to commit a crime, a seaman may lawfully confine or restrain him. So the seaman may confine the master in justifiable self-defence. If the master assault him without cause, he may restrain the master with so much force, and so long, as is necessary for this purpose. So a master may so conduct himself, as to justify the officers and crew in placing restraint upon him, to prevent his committing acts, which might endanger the lives of all the persons on board.2

It must, however, be an extreme case, that will justify the confinement of the master; as where he makes a gross assault upon a seaman without the slightest provocation; or where in punishing a seaman for an offence, he assaults him with a dangerous weapon; or where the lives of some or all of the crew will be endangered if he is suffered to go at large. And in a case where a confinement of the master is justifiable, it must cease the moment the occasion ceases.3

Piracy and Crimes Punishable with Death.-If any person shall, on the high seas, commit the crime of robbery in or upon any ship, or upon any of the ship's company, or upon the cargo; or if any captain, or seaman of any ship, shall run away with the ship, or any goods to the value of fifty dollars; or shall yield up the ship voluntarily to any pirates; or if any seaman shall lay violent hands upon his commander, to hinder and prevent his fighting in defence of his ship, or property; such act is piracy and the person guilty of it shall suffer death.4

If any person engage in a piratical cruise, or enterprise, or being of the crew of any piratical ship, shall land from the ship, and commit robbery on shore, he will be deemed a pirate, and must suffer death.5

(1) Pet. C. C. R. 213. (2) Ibid. 213.— (3) Ibid.—(4) Act 1790, ch. 36, sec. 8; Act 1820, ch. 113.—(5) Act 1820, ch. 113.

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So it is piracy to be engaged in kidnapping, on any foreign shore, any negro or mulatto, or to decoy, or receive such negro or mulatto on board of any vessel, with intent to make him a slave; and any person guilty of this, or voluntarily employed on board of any vessel transporting them, will be punished with death.1

Casting away, Burning, or otherwise Destroying a Ship. Any person, not being an owner, who shall on the high seas wilfully and corruptly cast away, burn, or otherwise destroy any American vessel to which he belongs, or procure the same to be done, shall suffer death,2

Attempt to commit Piracy, and furnishing Pirates with Provisions, and Trading with them.-If any person upon the high seas shall by surprise, or by open force or violence, attack any vessel intending to plunder her, he and his aiders or abettors, shall be punished by fine, not exceeding five thousand dollars, and by imprisonment and confinement to hard labor, not exceeding ten years, according to the aggravation of the offence.3

If any seaman endeavors to compel any commander, officer, or seaman, to yield up, or run away with any ship or vessel, or with any goods, or to turn pirate, or in any wise trade with any pirate, knowing him to be such; or shall furnish such pirate with any ammunition, stores or provi sions of any kind, or shall fit out any vessel with a design to trade with or supply, or correspond with any pirate or robber upon the seas; or if any person shall in any way consult, combine, confederate, or correspond with any pirate or robber on the seas, knowing him to be guilty of piracy or robbery; such person shall be imprisoned not exceeding three years, and fined not exceeding one thousand dollars.4

(1) Act 1790, ch. 36, sec. 8; Act 1820, ch. 113, sec. 4,5.- -(2) Act 26th March, 1801. (3) Act 1825, ch. 276, 6.-(4) Act 1790, ch, 36, sec. 12,

COASTER'S GUIDE.

[Laws of the United States, of 1790, 1793, 1819, and 1822.]

Vessels employed in the Coasting Trade and Fisheries must be Enrolled and Licensed.-To entitle any vessel of twenty tons or upwards, to the benefits and privileges of vessels employed in the coasting trade or fisheries, she must be enrolled and licensed.

If the vessel is under twenty tons, she need not be enrolled; but she must be licensed. But vessels of twenty tons or upwards must be enrolled as well as licensed.

What Vessels are entitled to be Enrolled and Licensed.-Those vessels only are entitled to be enrolled and licensed which are built in the United States, and owned wholly by citizens, and commanded by a citizen, and employed in the coasting trade and fisheries; and they enjoy the privileges which an enrolment and license confer no longer than they continue to be wholly owned and commanded by citizens.

Enrolment of Registered Vessels, and those not Enrolled.The collector may enrol and license any vessel that may be registered, upon such registry being given up, or register any vessel that may be enrolled, upon such enrolment and license being given up.

When the vessel is in any other district than the one to which she belongs, the above exchanges can only be made by the collector of such district, on the application of the master, and upon his taking an oath or affirmation that, according to his best knowledge and belief, the property remains as expressed in the register or enrolment proposed to be given up.

The new enrolment and license, or the new register thus obtained by exchange in any other than the district to which the vessel belongs, must, within ten days after the arrival of the vessel within the district to which she belongs, be delivered up by the master to the collector of the said district, and be by him cancelled. And if the master neglects to deliver the said register, or enrolment and license, within ten days, he forfeits one hundred dollars.

How a License is obtained.-In order to get any vessel licensed for carrying on the coasting trade or fisheries, the husband or managing owner, together with the master, with one or more sureties, to the satisfaction of the collector granting the same, shall become bound to pay to the United States, if such vessel be of the burthen of five tons and less than twenty tons, the sum of one hundred dollars; if twenty tons and not exceeding thirty tons, the sum of two hundred dollars; if above thirty tons and not exceeding sixty tons, the sum of five hundred dollars; if above sixty tons, the sum of one thousand dollars, in case it shall appear, within two years from the date of the bond, that such vessel has been employed in any trade, whereby the revenue of

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the United States has been defrauded, during the time the license granted to such vessel remained in force.

The master of such vessel must also swear, or affirm, that he is a citizen of the United States, and that such license shall not be used for any other vessel, or any other employment, than that for which it is specially granted, or in any trade or business whereby the revenue of the United States may be defrauded.

If the vessel is under twenty tons burthen, the husband or managing owner must swear or affirm that she is wholly the property of citizens of the United States. This oath of citizen ownership, is taken when the enrolment is granted, where the vessel is of twenty tons burthen or upwards.

These steps having been taken, the collector of the district whereto such vessel may belong must, upon the payment of a duty of six cents per ton, grant a license in the form directed by law.

Time for which a License is Granted, and when it becomes void by Change of Owners, &c.-A license is usually granted for the term of one year. The vessel, while the license continues to run, must continue to be owned by the same person, and to be of the same description, and employed in the same business, as are stated in the license; otherwise the license becomes void.

Vessel found with a Forged or Altered License, &c. Forfeited.If any vessel is found with a forged or altered license, or making use of a license granted for any other vessel, such vessel, together with her tackle, apparel, and the cargo found on board, shall be forfeited.

Vessel found employed in another trade than that for which she is Licensed, is Forfeited.-If any licensed vessel is employed in any other trade than that for which she is licensed, she, together with the cargo found on board, (if it belongs to the master, ship-owner or seamen,) shall be forfeited.

Consequence of Sailing without a License.-Vessels not enrolled and licensed, or if under twenty tons, not licensed, (other than such as are registered,) found trading between district and district, or between different places in the same district, or carrying on the fishery, pay the same fees and tonnage in every port at which she may arrive, as foreign vessels. But if such vessels have on board distilled spirits, or any articles of foreign growth or manufacture, other than sea stores, they are, together with their tackle, apparel, and furniture, and the lading found on board, forfeited.

When License Expires at Sea.-But if a vessel is at sea at the expiration of the time for which the license was given, and the master shall swear, or affirm, that such was the case, and shall, also, within forty-eight hours after his arrival, deliver to the collector of the district in which he first arrives, the license which had expired, then the vessel shall not be forfeited, nor liable to pay fees and tonnage as a foreign vessel, otherwise she will be.

Enrolment and License must be given up before the vessel proceeds on a Foreign Voyage.-If a vessel, enrolled or licensed, proceeds on a foreign voyage without giving up her enrolment and license to the collector of the port from which she is about to proceed, and being duly registered, such vessel, together with the goods imported, is forfeited.

If the port from which such vessel is about to sail, be not within