PUBLISHED WEDNESDAYS AND SATURDAYS BY JOHN F£NXO, Ko. 4 x, BROAD-STREET, NEAR THE EXCHANGE, NEW-YORK, INf>. 9, (/Vol. II. J LAWS OF THE UNITED STATES. PUBLISHED CONGRESS OF THE UNITED STATES AT' THE SECOND SESSION, Begun and held at the city of New York, on Monday the fourth of January, one thousand seven hundred and ninety. An ACT for the Punishment of certain Crimes againlt the United States. BE it enabled by the Senate and House of Reprejentatives of the U nited States of America in CongieJs ajjembled, That if any person or person?, owing allegiance to the United States of America, {hall levy war*againft them, or shall adhere to their enemies, giving them aid and comfort within the United States orelfcwhere, and lhall be thereof convi&ed, on confcfTion in open court, or on the testimony of two witnesses to the fame overt a£l of the treason whereof he or they shall stand indi&cd, such person or persons lhall be adjudged guilty ot treason against the United States, and lhall fuffer death. And be it enafledj That if any persons or persons, having knowledge of the commission of any of the treafonsaforefaid lhall conceal, and not as soon as may be disclose and make known the fame to the Prcfident of the United States, or some one of the Judges thereof, or to the Prcfident or Governor of a particular State, or some one of the judges or jufticcs thereof, such person or peifons on conviction shall be adjudged guilty of misprison of treason, and shall be imprifonid not exceeding seven years, and fined not exceeding one thousand dollars. And be it enacted, That if any person or persons shall, within any fort, arsenal, dock-yard, magazine, or in any other place or dif tri£l ot the folc and cxclufive jurifdi&ion of the United States, commit the crime of wilful murder, such person or persons on beirfg thereof convicted shall fuffer death. And be it aljo enacted, That the court before whom any person lhall be convi&ed of the crime of murder, for which he or ihe <hall be to fuffer death, way at their dj/cretipn, add to the judgment, that the bod) of such offender shall be delivered to a surgeon for diflc£lion ; and the marshal who is to cause such sen tence to be executed, shall accordingly deliver the body of such offender, after execution done, to such surgeon as the court shall direst, for the purpose aforelaid : Provided, that such surgeon, or fomc other person by him appointed for the purpose, shall attend to receivc and takeaway the dead body at the time of the execution of such offender. And be ?t Jurther enafled, That if any person or pcrfons (hall, af ter such execution had, by force rcfcuc or attempt to rescue the body of such offender out of the custody of the marshal or his of ficers, during the conveyance of such body to any place for difTcc tion as aforcfaid ; or shall by force rtfeue or attempt to rescue such body from the house of any surgeon ; where the fame shall have been dcpofited in pursuance of this ast •, every person so offending, shall be liable to a fine not exceeding one hundred dollars, and an imprifonmcnt not exceeding twelve months. And be it cnafted, That if any person or pcrfons having know ledge of the actual commission of the crime of wilful murder or other felony, upon the high seas, or within any fort, arsenal, dock yard, magazine, or other place or diftrift of country, under the lole and cxclufivc jurifdiftion of the United States, (ball conceal, and not as loon as may be disclose and make known the fame to some one of the Judges or other persons in civil or military au thority under the United States, on conviction thereof, such per son or pcrfons shall be adjudged guilty of jmifprifon of felony, and shall be imprisoned not exceeding thiee years, and fined not exceeding five hundred dollars. And be it enafled, That if any person or persons shall within any fort, arsenal, dockyard, magazine, or other place or diflrift of country, under the sole and exclusive jurifdiftion of the United States, commit the crime of manslaughter, and shall be thereof convicted, such person or persons shall be imprisoned not exceed ing three years, and fined not exceeding one thousand dollars. And be it emEltdx That if any person or persons shall commit upon the high seas, or in any river, haven, bason or bay, out of the jurifdiftion of any particular State, murder or robbery, or any other oiTencc which if committed within the body of a county, would by the laws of the United States be punishable with death ; or if any captain or mariner of any ship or other veflel, shall p - ratically and felonioufly run away with such ship or vefftl, or any foods or merchandize to the value of fifty dollars, or yield up such flop or vcffcl voluntarily to any pirate ; or if any fcaman fh. 1! lay violent hands upon his commander, thereby to hinder and pre vent his fighting in defence of his ship or goods committed to his tiuft, or shall make a revolt in the ship—every such offender shall be deemed, taken and adjudged to be a pirate and felon, and be ing thereof convicted, shall fuffer death. And the trial of crimes committed on the high seas, or in any place out of the jurifdiftion or any particular slate, shall be in the diflrift where the offender is apprehended, or into which he may firft be brought. And be it enabled, That if any citizen shall commit any piracy 01 jobbery aforefaid, or any ast of hoflility aga nfl the United States, or any citizen thereof, upon the high sea, under color of any com. million from any foreign prince or state, or on pretence of authori ty fiom any person, such offender shall, notwithflanxling the pre tence of any such authority, be deemed, adjudged and taken to be a pirate felon and robber, and on being thereof convicted shall fuf fer death. Arid be it rnaHedy That every person who fliall, either upon the and or Teas, knowingly and wittingly aid and aflift, procure, corn- Tnanc, coni)(el or advise any person or persons to do or commit any niuidct or robberv, or other piracy aforefaid, upon the seas, w uch lnall affect the life of such person. and such person or per. ons lhall thereupon do or commit any such piracy or robbery, then all and every such person so as aforclaid aiding, assisting, pro curing commanding, counselling or ad-ifing the fame, either upon tic land ur ihe lea, fliall be, and they are hereby declared, deernrd WEDNESDAY, MAX 12, 1790. and adjudged to be icceffary tojuch piracies before the raft, and eveiy such person being thereof bunvi&ed shall fuffer death. And h< it made J, That after any murder, felony, robbery, or othet piracy whatsoever aforefaid, ii or fliali be committed by arty pirate or robber, every person who knowing that such pirate 4r robber has done or commilttd aiif fiich piracy otrobbery, (hall On the land or at sea receive, rntenainer conceal any such pirate dr robber, or receive or take into bik coftody any (hio, »effel, goodi, or chattel!, which have been by fiiy such piratew r<jjber piratical ly and felomoufly taken, fhillare and adjudged to be acceffrry to "£>piracy orVobbtry, after ilfc (act; and on conviAitui tho»\«^ < 3fc uf 4v» imprifeAird not exceed "lg tlvcrycan, and Wd im ? And be it enaSed, That if any toman or other person fltall'com mit man-slaughter upon the higft 1 seas, or confederate, or attempt or endeavor to corrupt any eomrtiander, inafter, officer or mari ner, to yield up or to ru» away with any (hip or veflel, or with any goods, wares, or merchandize, or tfl turn ■pirate, or to ao oyer to or confederate with pirates, or in any wife trade wuh arty pirate knowing him to be fuch.ro (hall r U rni(h such pirate wilhaif) ammunition,ftores or provisions of any k'iod,or'<hall fit out any vel fel knowingly and with a defignto trade with or supply or cor respond wuh any pirate or robber upon the feaj; or if any per son or persons (hall ways confute, combine, confederate or correspond with »ny pirate or robber on the seas, knowing him to be guilty of any such piracy or robbery ; 01 if any featnan Ihidl confine the master of any (hip or other veflel, or endeavor to make a revolt in such (hip;—fuch person or persons so oflcnd '**gi and being thereof convicted, (hall be imprisoned not exceeding three years, and fined uot exceeding one thousand < dollars. And be it enaffed. That if any person or persons, within any of the places, upon the land under the sole and exclusive jurifdi&ion of the United States, or upon the high seas, in any veflel belong ing to the United States, or to any citizen or citizens thereof, on purpofeand of malice aforethought, (hall unlawfully cut of the , ear or ears, or cut out or disable the tongue, put oui an eye, (lit the nose, cut off the nose or a lip, or cnt off or disable any limb or member of any person, with intention in so doing to maim or disfigure such person in any of the manners beforementioned, then and in every such cafe the person or persons so offending, their counsellors, aiders and abettors (knowing of and privy to the of fence aforefaid) (hall on convifiion, be imprisoned not exceeding seven years, and fined not exceeding one thousand dollars. And be it enaStd, That if any person or persons (hall falfely make, alter, forge, 01 counterfeit, or cause orprocart to be falfely made, altered, lorged, or counterfeited, or willingly a6l or assist in the falle making, altering, forging, or counterfeiting any certificate, indent, or other public security of the United Sutes, or (hall ut ter, put off, 01 oner, or c»ufe to be uttered, put off, or offered in payment or for sale any such falfe, forged, altered or counterfeited ceuificates, indent or other public security ,with intention to defraud any peifon, knowiug the lame to be falfe, alteied, forged, or counterfeited, uil 'hail lie llicrewf couvi&ed, every such person lhall lutfer death. * ' ' And be it enafled, That if any person (hall felonioufly deal, take away, alter, ialfily, or otherwise avoid any record, writ, process, 01 other proceedings in any ol the cruris of the United States, by means whereof any judgmcut (hall be rever(ed made void, or not take efleft, or if any pei son lhall acknowledge or procure to be acknowledged in any of the courts aforefaid, any recognizance, bail or judgment, in the name or names of any other perlon or peifoju not privy or consenting to the fame, every such person or peifons on conviction thereof, (hall be fined not exceeding five thousand dollars, or be imprisoned not exceeding seven years, and whipped not exceeding thirty-nine (tripes. Provided neverthelefi. That this ast shall not extend to the acknowledgement of an* judgment or judgments by any auornev or attorneys, dulyad'- mitted for any person or persons against whom any such judg ment or judgments (hall be had or given. And be it enaded, That if any person within any of the placet under the sole and exclusive juriidiflion ol the Unfted States, or upon the high seas, lhall take and carry away, with an intent to (leal or purloin the personal goods of another ; or if any person or persons, having at anytime hereafter the charge 01 custody of any arms, ordnance, munition, (hot, powder, or habilimenta of war belonging to the United States, or of any victuals provided for the victualing of any soldiers, gunners, marines or pioneers, (hall for any lucre or gain, or wittingly, advisedly, and of purpose to hin der or impede the service of the United States, embezzle, pur loin or convey away any of thefaid arms,oidnance,munition, (hot or powder, habiliments of war, or victuals, that then and in eve ry of the cases aforefaid, the person or persons id offending, their counsellors, a : dcrs and abettors of and privy to the of fences aforefaid) (hall on convi&ion be fined not exceeding the fourfold value of the property Co (lolen, embezzled or purloined ; the one moiety to be paid to the owiu r of the goods, or the United States, as the cafe may be, and the other moiety to the informer and prosecutor, and be publicly whipped, not exceeding thirty nine llripcs. Andbeit further enaSed, Thai if any person or persona within any part of the jurifdiftionof the United States as aforefaid, lhall receive or buy any goods or chattels that (hall be felonioufly taken or ftolcn from any other person, knowing the fame to be ftolea,- or shall receive, harbor 01 conceal any felons or thieves, know ing them to be so, he or they being of either of the said offences legally eonvi&ed, (hall be liable to the like puniQiment* as in the' cafe of larceny before are prescribed. And be it enaffed, That if any perlbn (hall willfully and cor ruptly commit perjury, or shall by any means procure any peifon t® commit corrupt and wilful perjury, on his or her oath or af firmation 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 (a offend ing, and being thereof convicted, lhall be imprisoned not exceed ing three years, and fined not exceeding eight hundred dollan ; and lhall Band in the pillory for one hour, and be thereafter ren dered incapable of giving testimony in any of the courts of the U nitcd States, until such time as the judgment so given against the said offender shall be reversed. And be it evaded, That in every presentment or indictment to be prosecuted against any person for wilful and corrupt perjury, it lhall be fufficient to set forth the fubfUuce of the offence charged upon the defendant, and by what court, or before whom the oath or affirmation was taken (averring such court, or person or per sons to have a competent authority to administer the fame) toge ther with the proper averment or averments to falfify the matter or matters wherein the perjury or perjuries is or are afligned; with out setting forth the bill, answer, information, indittment, de claration, or any part of recbrd or proceeding, either inlaw or equity other than Is aforefaid, and without setting forth the commiiHon or authority of the court, or person or perfans before whom the perjury was committed. 449 And be it further entitled, That in every pref.n mcni or indict ment tor subornation oi perjury, or lorcomipt bargaining or contracting with others to commit wilful and corrupt perjury, it shall be fufficient to fct forth the irubluinge of tile offence charged upon the defendant, without letting forth the bill, answer, infor mation, indi&ment, declaration, or any pait of any recorrftor pro c either in law or equity, and without letting forth the commillion or authority of the court, or pcrfou or pcrfons before whom the perjury was committed, or was agreed or promised to be committed. And be it enafled, Thar if any person shall, di reft ly or indire&ly, give any sum or funis of money, r>r an* other bribe, pYefent or re ward, or any profinifc, contract, obligation or feeurity, for ihe payment or delivery of any money, present or reward, or dny o ther thing to obtain or procure the opinion, judgment or decree o. any judge or judges of the United States, in any fuit,controverfy, matter or cause- depending before him or them, and fhaJJ be there • oleonvideti, such person or persons so giving, promifins, con tiacting or securing to be given, paid or deliveied, antr sum or lums of money, prefeut, reward or other bribt as aforefaid, and the judge or judges who shall in any wife accept or receive the ;ame, on conVi6tion thereof shall be fined and imprisoned at the dilcretion of the court ; and shall forever be difqualified to hold any office of honor, trufl or profit under the United Srate«. And be it enafrcd, That if any person or persons, shall know ingly and wilfully obfVru&, :efifl or oppofc any officer of the l imed States, infervingor attempting to serve or execute any inefne proccfs, oi warrant, or any rule or Order of any of the couits of the United States Or any other legal or judicial writ or process whatsoever, or lhall affauit, beat or wound auy officer, or oilier person duly authorized, in fei ving or executing any writ, jnle, order, process or warrant afori said, every person so know ingly or willfully offending in the premises, lhall, on convi&ion thereof, be imprisoned not exceeding twelve mouths, and fined, not exceeding three hundred doll »rs. And lie it further etiarfed, That if any person or persons, shall bv orce set at liberty, or rescue any person who shall be fourld guiltv or tieafon, murder, or any other capital crime, or rescue any per on couvitled of any of the laid cranes, going to execution, or uring execution, every person so offending, and being thereof corded, shall fufter death : And if any person shall by force set at liberty, or rescue any person who before convi&ion shall (land committed for any of the capital offences aforefaid ; or if any per son or pcrfons shall by force let at liberty, or rescue .any person committed for or convi&ed of any other offence againii the United Mates, every person so offending, (hall, on convi&ion, be f.- cd. not exceeding five hnndrcd dollars, and imprisoned not exceed ing one year. 11ovided always and be it enabled, That no convi&ion or judg ment for any of the offences aforefaid, shall work corruption of blood, or any forfeiture of eflate. Andbeitenaftcd, That if any writ or process shall at any time hereafter be lucd forth or profecutcd by any person or ptrfons, ia any of the courts of tlie United States, or in an)' of ti?c courts of a particular State, or by any judge or juflice therein whereby the person cf any ambaffddor or other public minister of any foreign prince or State, authorized and received as fucn hy ti c rrefident of the United States, or any domestic or domeflic fer va!?t°^any UC ani^a^JC^oror other public minister, may be ar retted or imprisoned, or his or their goods or chattels be diilrain ed, seized or attached, such writ or process shall be deemed and adjudged to be utterly null and void to all intents, conftruaion and purposes whatsoever. And tc it enafled, That in cafe any pcrfon or pcrfon (hall Cue forth or profccute any such writ or pioccfs, such person or per iods, and all attornies or solicitors profecutin 4 or foliciungin such cale, and all officers executing any such writ or process, thereof convi&ed, ffiall be deemed violaters of the laws of na tions, and difturbcrs of the public repof.-, and imprifoncd not ex ceeding three years, and fined at the discretion of the court. 1 rmidcd ntterlhelejs, That 110 citizen or inhabitant of the Uni ted States, who (hall have contrasted debts prior to his entering S n'u' C nn f '" y am , bjffjdor or oth " P u blic miniflcr, which debts (hall be still due and unpaid, shall have, take or r ceive any U proceeded against by v 1 tue of this ast, for having arretted or iued any other donicfhc (ervant of any amhaflador 01 other public minister, unless the name of such servant be fiift registered in the office of the Secre h7,l°H A C a " u y t. y. Ch bcC,ctir >' lranfin,ttt d to tile Marffial of he diftr.a in which Congrels (hall reside, who ffiall upon receipt thereof affix the fame in some public place in his office, whereto all persons may resort and take copies w.thont fee or reward. And it itcnatied That if any person (hallviolate any fafe con dutl or passport duly obtained and iffucd under the authority the United States, or shall assault, ftnke, wound, unprifon, or m to Ihe'ue'f 113 "^ Cr ' r vf^ e Uv offering violence so. f,n« T ambadador or other public minifter,°fuch per son so offending, on coiiviftion ffiall be iraprifoned not exceeding three years, and fined atthe d.fcretion of the court " A,fill Z h u\*" y pCrl ° n Wh ° """ he a « urc d '"d in deed of trcafon, ffiall have a copy of the indictment, and a lift til f r!|-fl witnesses to be produced on the trial for proving the (aid indictment, mentioning the names and places of abode of luch witnefles and jurors, delivered unto him at lead three entire days before he ffiall be tried for the fame; and in other capital of ences, ffiall have such copy of the in«lidtmcnt and lift of the jury two entire days at least before the trial: And that every person so accused and indiaed for any of the crimes aforefaid, ffiaU all "i t allowed and admitted to make his full defence bycouufel learned 111 the law; and the court before whom such person ffiall be tried or some judge thereof, ffiall, and they arc hereby authoiifed and required immediately upon such peiKJn fuck counlel, not "ceeding two, as such person ffiall dcf.re, to whom luch counfcl ffiall have freeaccefsat all feafonabie hours; and eve fL rt, pCrIO " S .f ccu,cd or indicted of the crimes afore n,al' bc allow eo and admitted in his laid defence to make any proof that he or they can produce, by lawful witness or wit mires, and ffiall have the like process of the court where he 01 they hall be tried, to compel his or their witnesses to appear at his or their trial, as is usually granted to compel witnesses to appear ou the prosecution against then. itfurther enaflcd, That ifany pcrfon or persons be indifl ed of trealon against the United States, and ffiall stand mute or te f f° r .i, challen g e peremptorily above the number of anvih °f i Jl i ry: ° r , a " y P erson ° r P crfons be ind.fted ol any other of the offences herein before set forth, for which the piiniffiment is declared to be death, if he or thev ffiall also (land mute or will not aufwer to the indictment, or challenge peremp tory above the number of twenty pcrfons of the jury ; the court 111 any of the cases aforefaid, ffiall notwithflanding proceed to the -rial c.i the peifon or persons so (tanding mute or challenging, accord,ni'l'7 P not guilty, and render judgmenitherw* [Whole NO. 113.],
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