« 上一頁繼續 »
Sec. 12. Andbe it [further] enacted, That if any seaman or other per- Confederacy to son shall commit manslaughter upon the high seas, or confederate, or how punished. attempt or endeavour to corrupt any commander, master, officer or mari
Act of March ner, to yield up or to run away with any ship or vessel, or with any goods, 3, 1825, ch. 65, wares, or merchandise, or to turn pirate, or to go over to or confederate sec. 6, sec, 22. with pirates, or in any wise trade with any pirate knowing him to be such, or shall furnish such pirate with any ammunition, stores or provisions of any kind, or shall fit out any vessel knowingly and with a design to trade with or supply or correspond with any pirate or robber upon the seas; or if any person or persons shall any ways consult, combine, confederate or correspond with any pirate or robber on the seas, knowing him to be guilty of any such piracy or robbery; or if any seaman shall confine the master of any ship or other vessel, or endeavour to make a revolt in such ship;(a) such person or persons so offending, and being thereof convicted, shall be imprisoned not exceeding three years, and fined not exceeding one thousand dollars. Sec. 13. And be its further]enacted, That if any person or persons, Maiming,
what cases shall within any of the places upon the land under the sole and exclusive
be judged, and jurisdiction of the United States, or upon the high seas, in any vessel how punished. belonging to the United States, or to any citizen or citizens thereof, on Act of March purpose and of malice aforethought, shall unlawfully cut off the ear or
3, 1825, ch.65, ears, or cut out or disable the tongue, put out an eye, slit the nose, cut off the nose or a lip, or cut off or disable any limb or member of any person, with intention in so doing to maim or disfigure such person in any the manners before mentioned, then and in every such case the person or persons so offending, their counsellors, aiders and abettors (knowing of and privy to the offence aforesaid) shall on conviction, be imprisoned not exceeding seven years, and fined not exceeding one thousand dollars.
Sec. 14. And be it further) enacted, That if any person or persons Forgery, what shall falsely make, alter, forge or counterfeit, or cause or procure to be cases shall be falsely made, altered, forged, or counterfeited, or willingly act or assist how punished. in the false making, altering, forging or counterfeiting any certificate, Act of March indent, or other public security of the United States, or shall utter, put 3, 1825, che 65;
sec. 17, 18, 19, off, or offer, or cause to be uttered, put off, or offered in payment or for
20, act of March sale any such false, forged, altered or counterfeited certificate, indent or 3, 1823, ch. 36. other public security, with intention to defraud any person, knowing the same to be false, altered, forged or counterfeited, and shall be thereof convicted, every such person shall suffer death.(6)
Sec. 15. And be it further enacted, That if any person shall feloni Stealing or ously steal, take away, alter, falsify, or otherwise avoid any record, writ, record, process, process, or other proceedings in any of the courts of the United States, &c. how pun. by means whereof any judgment shall be reversed, made void, or not ished. take effect, or if any person shall acknowledge or procure to be acknowledged in any of the courts aforesaid, any recognizance, bail or judgment, in the name or names of any other person or persons not privy or consenting to the same, every such person or persons on conviction thereof, shall be fined not exceeding five thousand dollars, or be impri
(a) Although the crimes act of 1790, sec. 12, does not define the offence of endeavouring to make a revolt, it is competent for the court to give a judicial definition of it. United States v. Kelley, 11 Wheat. 417; 6 Cond. Rep. 370.
A revolt, is the usurpation of the authority and command of the ship, and an overthrow of that of the master, or commanding officer. Aay conspiracy to accomplish such an object, or to resist a lawful command of the master for such purpose; any endeavour to stir up others of the crew to such resistance, is an endeavour to make a revolt, within the meaning of the 12th section of the act of 1790. United States v. Hemmer et al., 4 Mason's C. C. R. 105. See also United States v. Keefe, 3 Mason's C. C. R. 475; 5 Mason's C. C. R. 460. United States v. Smith, 1 Mason's C. C. R. 147. United States v. Hamilton, 1 Mason's C. C. R. 413. United States v. Kelley, 4 Wash. C. C. R. 528.
(6) See United States v. Turner, 7 Peters, 132. United States v. Brewster, 7 Peters, 164. United States t. Stewart, 4 Wash. C. C. R. 226. United States v. Reuben Moses, 4 Wash. C. C. R. 726. United States v. Morrow, 4 Wash. C. C.R, 733. United States v. Britton, 2 Mason's C. C. R. 464. United States v. Hinman, 1 Baldwin's C. C. R. 292. United States v. Mitchell, 1 Baldwin's C, C. R. 366.
soned not exceeding seven years, and whipped not exceeding thirty-nine Exceptions. stripes. Provided nevertheless, That this act shall not extend to the
acknowledgment of any judgment or judgments by any attorney or attorneys, duly admitted for any person or persons against whom any such
judgment or judgments shall be had or given. Larceny, what Sec. 16. And be it [ further) enacted, That if any person within any of cases shall be the places under the sole and exclusive jurisdiction of the United States, how punished. or upon the high seas, shall take and carry away, with an intent to steal
Act of March or purloin the personal goods of another; or if any person or persons, 3, 1825, ch. 27. having at any time hereafter the charge or custody of any arms, ord
nance, munition, shot, powder, or habiliments of war belonging to the United States, or of any victuals provided for the victualing of any soldiers, gunners, marines or pioneers, shall for any lucre or gain, or wittingly, advisedly, and of purpose to hinder or impede the service of the United States, embezzle, purloin or convey away any of the said arms, ordnance, munition, shot or powder, habiliments of war, or victuals, that then and in every of the cases aforesaid, the person or persons so offending, their counsellors, aiders and abettors (knowing of and privy to the offences aforesaid) shall, on conviction, be fined not exceeding the fourfold value of the property so stolen, embezzled or purloined; the one moiety to be paid to the owner of the goods, or the United States, as the case may be, and the other moiety to the informer and prosecutor,
and be publicly whipped, not exceeding thirty-nine stripes.(a) Receivers of Sec. 17. And be it further enacted, That if any person or persons, stolen goodswithin any part of the jurisdiction of the United States as aforesaid, how
shall receive or buy any goods or chattels that shall be feloniously taken Act of March or stolen from any other person, knowing the same to be stolen, or shall 3, 1825, ch. 27. receive, harbour or conceal any felons or thieves, knowing them to be
so, he or they being of either of the said offences legally convicted, shall be liable to the like punishments as in the case of larceny before are
prescribed. Perjury how Sec. 18. And be it [ further ] enacted, That if any person shall wilfully punished, and corruptly commit perjury,(b) or shall by any means procure any
person to commit corrupt and wilful perjury, on his or her oath or affirmation in any suit, controversy, matter or cause depending in any of the courts of the United States, or in any deposition taken pursuant to the laws of the United States, every person so offending, and being thereof convicted, shall be imprisoned not exceeding three years, and fined not exceeding eight hundred dollars; and shall stand in the pillory for one hour, and be thereafter rendered incapable of giving testimony in any of the courts of the United States, until such time as the judg
ment so given against the said offender shall be reversed. In prosecu. Sec. 19. And be it (further] enacted, That in every presentment or tions for per. indictment to be prosecuted against any person for wilful and corrupt sufficient to set perjury, it shall be sufficient to set forth the substance of the offence forth substance charged upon the defendant, and by what court, or before whom the of the charge. oath or affirmation was taken, (averring such court, or person or per
sons to have a competent authority to administer the same) together with the proper averment or averments to falsify the matter or matters wherein the perjury or perjuries is or are assigned; without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding, either in law or equity, other than as aforesaid, and without setting forth the commission or authority of the court, or person or persons before whom the perjury was committed.
Sec. 20. And be it further enacted, That in every presentment or
(a) United States v. Davis, 5 Mason's C. C. R. 356. United States v. Clew, 4 Wash. C. C. R. 700. United States v. Hamilton, 1 Mason's C. C. R. 152. United States v. Lawrence Coombs, 12 Peters, 72.
(6) United States v. Bailey, 9 Peters, 298. United States v. Kendrick, 2 Mason's C. C. R. 69. United States v. Clark, 1 Gallis' C. C. R. 497. United States v. Passmore, 4 Dall. 372, 378.
indictment for subornation of perjury, or for corrupt bargaining or con Proceedings
for subornation tracting with others to commit wilful and corrupt perjury, it shall be
of perjury. sufficient to set forth the substance of the offence charged upon the defendant, without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding, either in law or equity, and without setting forth the commission or authority of the court, or person or persons before whom the perjury was committed, or was agreed or promised to be committed.
Sec. 21. And be it [ further ] enacted, That if any person shall, directly Bribery, what or indirectly, give any sum or sums of money, or any other bribe, pre
cases shall be
judged, and sent or reward, or any promise, contract, obligation or security, for the how punished. payment or delivery of any inoney, present or reward, or any other thing to obtain or procure the opinion, judgment or decree of any judge or judges of the United States, in any suit, controversy, matter or cause depending before him or them, and shall be thereof convicted, such person or persons so giving, promising, contracting or securing to be given, paid or delivered, any sum or sums of money, present, reward or other bribe as aforesaid, and the judge or judges who shall in any wise accept or receive the same, on conviction thereof shall be fined and imprisoned at the discretion of the court; and shall forever be disqualified to hold any office of honour, trust or profit under the United States.(a) Sec. 22. And be it [ further ] enacted, That if any person or persons
Obstruction of shall knowingly and wilfully obstruct, resist or oppose any officer of the process, how United States, in serving or attempting to serve or execute any mesne
punished. process, or warrant, or any rule or order of any of the courts of the United States, or any other legal or judicial writ or process whatsoever, or shall assault, beat or wound any officer, or other person duly authorized, in serving or executing any writ, rule, order, process or warrant aforesaid, every person so knowingly and wilfully offending in the premises, shall, on conviction thereof, be imprisoned not exceeding twelve months, and fined not exceeding three hundred dollars.(6)
Sec. 23. And be it further enacted, That if any person or persons Rescue of shall by force set at liberty, or rescue any person who shall be found persons convicguilty of treason, murder, or any other capital crime, or rescue any per- conviction to be son convicted of any of the said crimes, going to execution, or during punished by execution, every person so offending, and being thereof convicted, shall death. suffer death. And if any person shall by force set at liberty, or rescue any person who before conviction shall stand committed for any of the Rescue before capital offences aforesaid; or if any person or persons shall by force set conviction. at liberty, or rescue any person committed for or convicted of offence against the United States, every person so offending shall, on conviction, be fined not exceeding five hundred dollars, and imprisoned not exceeding one year.
Sec. 24. Provided always, and be it enacted, That no conviction No conviction or judgment for any of the offences aforesaid, shall work corruption of
ruption of blood, blood, or any forfeiture of estate.
or forfeiture of Sec. 25. And be its further ]enacted, That if any writ or process shall estate. at any time hereafter be sued forth or prosecuted by any person or per
Article 3, sec.
2, Constitution sons, in any of the courts of the United States, or in any of the courts ☺. States.
(a) An offer of a bribe made in a letter directed to New York, and put into the post-office in Philadelphia, will sustain an indictment in the district of Pennsylvania. United States v. Worrall, 2 Dall. 388.
(b) The offence of obstructing process consists in refusing to give up possession, or opposing or obstructing the execution of the writ by threats of violence, which it is in the power of the person to enforce; and thus preventing the officer from executing his writ. United States v. Lowry, 2 Wash. C. C. R. 169.
The 22d section of the act of 1790, prohibits the obstruction of process of every species, legal and judicial ; whether issued by the court in session, or by a judge or magistrate acting in that capacity out of court, in execution of the laws of the United States. On an indictment under this section, for resist. ing an officer, it is not necessary that it should appear that the accused used, or even threatened violence. United States v. Lukins, 3 Wash. C. C. R. 335.
Process sued of a particular state, or by any judge or justice therein respectively, in any court of whereby the person of any ambassador or other public minister of any or of a particular foreign prince or state, authorized and received as such by the President state, against a of the United States, or any domestic or domestic servant of any such foreign minis.
ambassador or other public minister, may be arrested or imprisoned, or ter, void ; and
his or their goods or chattels be distrained, seized or attached, such writ or process shall be deemed and adjudged to be utterly null and void to
all intents, construction and purposes whatsoever.(a) Persons suing Sec. 26. And be it [ further ] enacted, That in case any person or perthe same, how son shall sue forth or prosecute any such writ or process, such person punished:
or persons, and all attorneys or solicitors prosecuting or soliciting in such case, and all officers executing any such writ or process, being thereof convicted, shall be deemed violaters of the laws of nations, and disturbers of the public repose, and imprisoned not exceeding three years, and
fined at the discretion of the court. Exception as Sec. 27. Provided nevertheless, That no citizen or inhabitant of the to debts con. United States, who shall have contracted debts prior to his entering into entering into the the service of any ambassador or other public minister, which debts shall service of am. be still due and unpaid, shall have, take or receive any benefit of this bassador, &c.
act; nor shall any person be proceeded against by virtue of this act, for having arrested or sued any other domestic servant of any ambassador or other public minister, unless the name of such servant be first registered in the office of the Secretary of State, and by such secretary transmitted to the marshal of the district in which Congress shall reside, who shall upon receipt thereof affix the same in some public place in his
office, whereto all persons may resort and take copies without fee or Violation of a Sec. 28. And be its further enacted, That if any person shall violate to the person of any safe-conduct or passport duly obtained and issued under the autho. public minister, rity of the United States, or shall assault, strike, wound, imprison, or in how punished. any other manner infract the law of nations, by offering violence to the
person of an ambassador or other public minister, such person so offending, on conviction, shall be imprisoned not exceeding three years, and fined at the discretion of the court.
Sec. 29. And be it [further Jenacted, That any person who shall be treison, prison.
accused and indicted of treason, shall have a copy of the indictment, all have copy of indict. and a list of the jury and witnesses, to be produced on the trial for ment, list of the proving the said indictment, mentioning the names and places of abode jury and wit- of such witnesses and jurors, delivered unto him at least three entire
In other capi. days before he shall be tried for the same; and in other capital offences, tal cases, copy shall have such copy of the indictment and list of the jury two entire and list of the days at least before the trial : And that every person so accused and injury;
also to be dicted for any of the crimes aforesaid, shall also be allowed and admitallowed counsel. ted to make his full defence by counsel learned in the law; and the
court before whom such person shall be tried, or some judge thereof, shall, and they are hereby authorized and required immediately upon his request to assign to such person such counsel, not exceeding two, as such person shall desire, to whom such counsel shall have free access at all seasonable hours; and every such person or persons accused or in
In cases of
(a) The decisions of the courts of the United States upon the provisions of the sections of this statute, relative to process against foreign ministers and officers, for the violation of their immunities, have been : The United States v. Hand, 2 Wash, C. C. R. 435. United States v. William Liddle, 2 Wash. C. C. R. 205. Ex parte Cabrera, 1 Wash. C. C. R. 232.
An indictment under the 27th section of the act of 1790, for infracting the laws of nations hy offering violence to the person of a foreign minister, is not a case affecting ambassadors, other public ministers, and consuls, within the first clause of the 2d section of the 3d article of the constitution of the United States. The United States v. Ortega, 11 Wheat. 467; 6 Cond. Rep. 394.
If a foreign minister commits the first assault, he forfeits his immunity, so far as to excuse the defendant for returning it. Ibid.
It is no defence upon such indictment, that the defendant was ignorant of the public character of the minister. Ibid. See also United States v. Benner, Baldwin's C. C. R. 240.
treason or other
No benefit of
ment for treason
dicted of the crimes aforesaid, shall be allowed and admitted in his said defence to make any proof that he or they can produce, by lawful wit- and with pro
cess to compel ness or witnesses, and shall have the like process of the court where he
the attendance or they shall be tried, to compel his or their witnesses to appear at his of witnesses. or their trial, as is usually granted to compel witnesses to appear on the prosecution against them. Sec. 30. And be it further enacted, That if any person or persons be
In cases of indicted of treason against the United States, and shall stand mute or
capital offence, refuse to plead, or shall challenge peremptorily above the number of
prisoner stand? thirty-five of the jury; or if any person or persons be indicted of any ing mute, how
to be proceeded other of the offences herein before set forth, for which the punishment
against. is declared to be death, if he or they shall also stand mute or will not Act of March answer to the indictment, or challenge peremptorily above the number 3, 1825, ch. 65, of twenty persons of the jury; the court, in any of the cases aforesaid, shall notwithstanding proceed to the trial of the person or persons so standing mute or challenging, as if he or they had pleaded not guilty,
render judgment thereon accordingly. Sec. 31. And be it further enacted, That the benefit of clergy shall
clergy in cases not be used or allowed, upon conviction of any crime, for which, by any where the punstatute of the United States, the punishment is or shall be declared to ishment is be death.
death. Sec. 32. And be it further enacted, That no person or persons shall
tion or punishbe prosecuted, tried or punished for treason or other capital offence aforesaid, wilful murder or forgery excepted, unless the indictment for or other capital the same shall be found by a grand jury within three years next after offence
indictment the treason or capital offence aforesaid shall be done or committed; nor
found within shall any person be prosecuted, tried or punished for any offence, not three years, nor capital, nor for any fine or forfeiture under any penal statute, unless the in other cases
unless within indictment or information for the same shall be found or instituted
two years ; within two years from the time of committing the offence, or incurring the fine or forfeiture aforesaid: Provided, That nothing herein contained except the ofshall extend to any person or persons fleeing from justice.
Sec. 33. And be it further enacted, That the manner of inflicting the Punishment punishment of death, shall be by hanging the person convicted by the of death to be
by hanging. neck until dead. APPROVED, April 30, 1790.
STATUTE II. Chap. X.-An Act for regulating the Military Establishment of the United April 30, 1790.
States. Section 1. Be it enacted by the Senate and House of Representatives Repealed by
Act of March 3, of the United States of America in Congress assembled, That the com
1795, ch. 44, sec. missioned officers herein after mentioned, and the number of one thou- 18. sand two hundred and sixteen non-commissioned officers, privates and Number of musicians, shall be raised for the service of the United States, for the troops, and term period of three years, unless they should previously by law be discharged.
Sec. 2. And be it further enacted, That the non-commissioned officers Of what size and privates aforesaid shall, at the time of their enlistments respectively, and age. be able-bodied men, not under five feet six inches in height, without shoes; nor under the age of eighteen, nor above the age of forty-six years.
Sec. 3. And be it further enacted, That the commissioned officers How formed herein after mentioned, and the said non-commissioned officers, privates into regiments and musicians, shall be formed into one regiment of infantry, to consist of three battalions, and one battalion of artillery. The regiment of infantry to be composed of one lieutenant-colonel commandant, three majors, three adjutants, three quartermasters, one paymaster, one surgeon, two surgeon's mates, and twelve companies, each of which shall consist of one captain, one lieutenant, one ensign, four sergeants, four