Every little instance of disobedience, or insolent conduct, or even force used against the master or other officer, will not be held a revolt or an endeavor to make a revolt. There must be something showing an intention to subvert the lawful authority of the master.[189] It does not excuse seamen, however, from this offence, that they confined their refusal to one particular portion of their duty. If that duty was lawfully required of them, it is equally a subversion of authority as if they had refused all duty.[190]
If the crew interfere by force or threats to prevent the infliction of punishment for a gross offence, it is an endeavor to commit a revolt.[191]
To constitute the offence of confining the master, it is not necessary that he should be forcibly secured in any particular place, or even that his body should be seized and held; any act which deprives him of his personal liberty in going about the ship, or prevents his doing his duty freely, (if done with that intention,[192]) is a confinement.[193] So is a threat of immediate bodily injury, if made in such a manner as would reasonably intimidate a man of ordinary firmness.[194]
In all these cases of revolt, mutiny, endeavors to commit the same, and confinement of the master, it is to be remembered that the acts are excusable if done from a sufficient justifying cause. The master may so conduct himself as to justify the officers and crew in placing restraints upon him, to prevent his committing acts which might endanger the lives of all the persons on board. But an excuse of this kind is received with great caution, and the crew should be well assured of the necessity of such a step, before taking it, since they run a great risk in so interfering.[195]
Embezzlement.—If any of the crew steal, or appropriate, or by gross negligence suffer to be stolen, any part of the cargo, or anything belonging to the ship, they are responsible for the value of everything stolen or appropriated.
It is necessary that the fraud, connivance, or negligence of a seaman should be proved against him, before he can be charged with anything lost or stolen; and in no case is an innocent man bound to contribute towards a loss occasioned by the misconduct of another. If, however, it is clearly proved that the whole crew were concerned, but one offender is not known more than another, and the circumstances are such as to affect all the crew, each man is to contribute to the loss, unless he clears himself from the suspicion.[196]
Piracy.—If the master or crew of a vessel shall, upon the high seas, seize upon or rob the master or crew of another vessel; or if they shall run away with the vessel committed to their charge, or any goods to the amount of $50; or voluntarily yield them up to pirates; or if the crew shall prevent the master by violence from fighting in the defence of vessel or property; such conduct is piracy, and punishable with death.[197]
It is also piracy, and punishable with death, to be engaged in any foreign country in kidnapping any negro or mulatto, or in decoying or receiving them on board a vessel with the intention of making them slaves.[198]
CHAPTER XI.