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tried and how laws of the United States be punishable with death; or if any captain punished. Act of May

or mariner of any ship or other vessel, shall piratically and feloniously 15, 1820, ch. 113. run away with such ship or vessel, or any goods or merchandise to the

value of fifty dollars, or yield up such ship or vessel voluntarily to any pirate; or if any seaman shall lay violent hands upon his commander, thereby to hinder and prevent his fighting in defence of his ship or goods committed to his trust, or shall make a revolt in the ship; every such offender shall be deemed, taken and adjudged to be a pirate and felon, and being thereof convicted, shall suffer death; and the trial of crimes committed on the high seas, or in any place out of the jurisdiction of any particular state, shall be in the district where the offender is apprehended, or into which he may first be brought.(a)

Sec. 9. And be it further enacted, That if any citizen shall commit any piracy or robbery aforesaid, or any act of hostility against the United States, or any citizen thereof, upon the high sea, under colour of any commission from any foreign prince, or state, or on pretence of authority from any person, such offender shall, notwithstanding the pretence of any such authority, be deemed, adjudged and taken to be a pirate,

felon, and robber, and on being thereof convicted shall suffer death. Accessaries Sec. 10. And be its further] enacted, That every person who shall, therein, how

either punished.

upon the land or the seas, knowingly and wittingly aid and assist, procure, command, counsel or advise any person or persons, to do or commit any murder or robbery, or other piracy aforesaid, upon the seas, which shall affect the life of such person, and such person or persons shall thereupon do or commit any such piracy or robbery, then all and every such person so as aforesaid aiding, assisting, procuring, commanding, counselling or advising the same, either upon the land or the sea, shall be, and they are hereby declared, deemed and adjudged to be accessary to such piracies before the fact, and every such person being

thereof convicted shall suffer death. Concealing a Sec. 11. And be it [ further] enacted, That after any murder, felony, pirate or pro- robbery, or other piracy whatsoever aforesaid, is or shall be committed perty taken by a pirate. by any pirate or robber, every person who knowing that such pirate or

robber has done or committed any such piracy or robbery, shall on the land or at sea receive, entertain or conceal any such pirate or robber, or receive or take into his custody any ship, vessel, goods or chattels, which have been by any such pirate or robber piratically and feloniously taken, shall be, and are hereby declared, deemed and adjudged to be accessary to such piracy or robbery, after the fact; and on conviction thereof, shall be imprisoned not exceeding three years, and fined not exceeding five hundred dollars.

(a) A robbery committed on the high seas, although such robbery, if committed on land, would not, by the laws of the United States, be punishable with death, is piracy, under the 8th section of the law of the United States; and the Circuit Courts have jurisdiction thereof. United States v. Palmer, 3 Wheat. 610; 4 Cond. Rep. 352.

The crime of robbery as mentioned in the act, is the crime of robbery as recognized at common law. Ibid. See also United States v. Klintock, 5 Wheat. 144; 4 Cond. Rep. 614. The United States o. Smith, 5 Wheat, 153; 4 Cond. Rep. 619. United States v. Furlong et al., 5 Wheat. 184; 4 Cond. Rep. 623. United States v. Holmes, 5 Wheat. 412; 4 Cond. Rep. 708.

Pirates may be lawfully captured by the public or private ships of any nation, in peace or war, for they are hostes humani generis. 'The Marianna Flora, 11 Wheat. 1; 6 Cond. Rep. 201. See also The Josefa Segunda, 5 Wheat. 338; 4 Cond. Rep. 672. The Palmyra, 12 Wheat. 1; 6 Cond. Rep. 397. The Bello Corrunnes, 6 Wheat. 152; 5 Cond. Rep. 45.

To constitute the offence of piracy within the act of 1790, “by piratically and feloniously running away with a vessel," personal force and violence are not necessary. 1 Gallis. C, C. R. 247. See also The United States v. Ross, 1 Gallis. C. C. R. 624. United States v. Kessler, 1 Baldwin's C. C. R. 15. United States v. Gibert, 2 Sumner's C. C. R. 19.

In the act of April 30, 1790, the description of places contained in the Sth section, within which the offences therein enumerated must be committed, in order to give the courts of the United States juris. diction over them, cannot be transferred to the 12th section, so as to give those courts jurisdiction over a manslaughter committed in port of a foreign country, and not on the high seas. The Hoppet v. The United States, 7 Cranch, 389; 2 Cond. Rep. 542. See United States v. Wiltberger, 5 Wheat. 76 ; 4 Cond. Rep. 593.

sec. 22.

Sec. 12. Andbeit [further]enacted, That if any seaman or other per- Confederacy to son shall commit manslaughter upon the high seas, or confederate, or

become pirates,

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, ch. 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. 38. 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. Any 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. 443. United States r. Kelley, 4 Wash. C. C. R. 528.

(6) See United States v. Turner, 7 Peters, nited States v. Brewster, 7 Peters, 164. United States v. 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.

of

ished.

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 its further] enacted, That if any person within

any cases shall be the places under the sole and exclusive jurisdiction of the United States, judged, and 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. 65. 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, befined not exceeding the four

fold value of the property so stolen, embezzled or purloined; the one 1842, ch. 188, 9 moiety to be paid to the owner of the goods, or the United States, as 4.

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 goods, within any part of the jurisdiction of the United States as aforesaid, &c. how pun.

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. 65.

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 its 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, 238. United States v. Kendrick, 2 Mason's C. C. R. 69. United States o, 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 tracting with others to commit wilful and corrupt perjury, it shall be for subornation

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 sent or reward, or any promise, contract, obligation or security, for the how punished.

judged, and payment or delivery of any money, 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 its 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 convic. guilty 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 any other 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

work cor.

ruption of blood, blood, or any forfeiture of estate.

or forfeiture of Sec. 25. And be it (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 V. States.

to

(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 resisting 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 the U. States, whereby the person

of
any

ambassador or other public minister of any or ofa 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. ter, void ; and

ambassador or other public minister, may be arrested or imprisoned, or 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 its 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 tracted prior to 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 it (further enacted, That if any person shall violate safe conduct, or 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 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]enacted, That any person who shall be treason, prison.

accused and indicted of treason, shall have a copy of the indictment, er shall cony 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 admitállowed 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

reward.

of

In

cases of

have

(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 immunitics, 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 by 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. Č. R. 240.

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