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.],