United States v. Kelly (24 U.S. 417)

THE defendants, Kelly and others, were indicted in the Circuit Court for the District of Pennsylvania, for that the defendants, on the 24th of December, 1824, being seamen on board a merchant vessel of the United States, called the Lancaster, on the high seas, feloniously endeavoured to make a revolt in the said vessel, contrary to the act of Congress of the 30th of April, 1790, c. 36. [ix.] s. 12. The defendants were found guilty, and moved the Court in arrest of judgment, upon the ground, 'that the act of Congress does not define the offence of endeavouring to make a revolt, and that it was not competent to the Court to give a judicial definition of a crime heretofore unknown.' The opinions of the Judges of the Court below being divided upon this motion, the case was certified to this Court for determination. March 9th.

The cause was submitted without argument by the Attorney General for the United States, no counsel appearing for the prisoners. March 10th.

Mr. Justice WASHINGTON delivered the opinion of the Court.