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for redress of any injury which he may have sustained from such government or any of its agents or subjects.

Seditious con

R. S., s. 5336.
Ex parte

SEC. 6. If two or more persons in any State or Territory spicy conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against Lange, 18 Wall., them, or to oppose by force the authority thereof, or by 163. force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof; each of them shall be punished by a fine of not less than five hundred dollars and not more than five thousand dollars, or by imprisonment, with or without hard labor, for a period not less than six months nor more than six years, or by both such fine and imprisonment.

Recruiting solserve against the

diers or sailors to

United States.

R. S., s. 5337.

SEC. 7. Whoever recruits soldiers or sailors within the United States to engage in armed hostility against the same, or opens within the United States a recruiting station for the enlistment of such soldiers or sailors to serve in any manner in armed hostility against the United States, shall be fined not less than two hundred dollars nor more than one thousand dollars and imprisoned not less than one year nor more than five years. SEC. 8. Every soldier or sailor enlisted or engaged Enlistment to within the United States with intent to serve in armed United States. hostility against the same shall be punished by a fine of R. S., s. 5338. one hundred dollars and by imprisonment not less than one year nor more than three years.

Sec.

Chapter Two.

OFFENSES AGAINST NEUTRALITY.

9. Accepting a foreign commission. 10. Enlisting in foreign service.

11. Arming vessels against people at peace with the United States.

12. Augmenting force of foreign vesssel of war. 13. Military expeditions against people at peace with the United States.

Sec.

serve against the

14. Enforcement of foregoing provisions.
15. Compelling foreign vessels to depart.
16. Armed vessels to give bond on clearance.
17. Detention by collectors of customs.
18. Construction of this chapter.

foreign commis

R. S., s. 5281. liams, 3 Cranch,

SEC. 9. Whoever, being a citizen of the United States, Accepting a within the territory or jurisdiction thereof, accepts and sion. exercises a commission to serve a foreign prince, state, Wilcolony, district, or people in war, by land or by sea, 83; Kerr. Illinois, against any prince, state, colony, district, or people with 119 U.S., 436; Wiwhom the United States are at peace, shall be deemed U.S., 632, 73 Fed. guilty of a high misdemeanor and shall be fined not more than two thousand dollars and imprisoned not more than the Salvadorean three years.

borg v. U. S., 163

Rep., 159; John Bassett Moore upon The Case of

Refugees, 29 Am.
L. Rev., 1; The
Ambrose Light,
25 Fed. Rep., 408.

Enlisting in foreign service.

R. S., s. 5282. Chacon v. Bales

Brock., 478, 5

SEC. 10. Whoever, within the territory or jurisdiction of the United States, enlists or enters himself, or hires or of Cochineal, 1 retains another person to enlist or enter himself, or to go Fed. Cas., 390; beyond the limits or jurisdiction of the United States lor, 2 Paine, 665, with intent to be enlisted or entered in the service of any Ex parte Need foreign prince, state, colony, district, or people, as a solham, Pet. C. C. dier, or as a marine or seaman, on board of any vessel of

Stoughton v.Tay

13 Fed. Cas., 1179;

487, 17 Fed. Cas.,

1274; U. S. V.

L. J., 194, 26 Fed.

Hertz, 3 Pittsb., War, letter of marque, or privateer, shall be deemed Cas., 293; U. S. v. guilty of a high misdemeanor, and shall be fined not more Kazinski, 2 than thousand dollars and imprisoned not more than

Sprague, 7,

26

one

Fed. Cas., 582; three years.

A. G. Op., 336; 7

A. G. Op., 367.

Arming vessels

against people at

United States.

2

R. S., s. 5283.

Dall., 321; Moodie V.

Alfred, 3 Dall.,

Hoyt, 3 Wheat.,

4 Wheat., 298; La

SEC. 11. Whoever, within the limits of the United peace with the States, fits out and arms, or attempts to fit out and arm, or procures to be fitted out and armed, or knowingly is U.S. . Guinet, concerned in the furnishing, fitting out, or arming of any The vessel, with intent that such vessel shall be employed in 307; Gelston the service of any foreign prince or state, or of any colony, 246: The Estrella, district, or people, to cruise or commit hostilities against Conception, 6 the subjects, citizens, or property of any foreign prince or Santissima Trin-state, or of any colony, district, or people, with whom the 283; The Gran United States are at peace, or whoever issues or delivers 471; The Santa a commission within the territory or jurisdiction of the 490; The Arro- United States for any vessel, to the intent that she may nes, 7 Wheat.. be so employed, shall be deemed guilty of a high misdeAllegro,7Wheat., meanor,

Wheat., 235; The

idad, 7 Wheat.,

Para, 7 Wheat.,

Maria, 7 Wheat.,

gante Barcelo

496; The Monta

520; U. S. v. Rey

U.S. v. Quincy, 6

and shall be fined not more than ten thousand dolburn, 6 Pet., 352; lars and imprisoned not more than three years. And Pet., 445: The every such vessel, her tackle, apparel, and furniture, Wall., 551; U. S. together with all materials, arms, ammunition, and stores 62: The Watch which may have been procured for the building and equip

v. Weed, 72 U. S.,

ful, 73 U. S., 91;

The Threement thereof, shall be forfeited; one-half to the use of the

Friends, 166 U. S.,

1, 52, 78 Fed. informer, and the other half to the use of the United

Rep., 175; The

Chapman, 4 Saw- States.

yer, 501, 5 Fed.

Čas., 471; The Florida, 4 Ben., 452, 9 Fed. Cas., 321; Juando v. Taylor, 2 Paine, 652, 13 Fed. Cas., 1179; The Meteor, 1 Am. L. Rev., 401, 17 Fed. Cas., 178; Moodie v. The Brothers, Bee, 76, 17 Fed. Cas., 653; Sawyer v. Steele, 3 Wash., 464, 21 Fed. Cas., 583; U. S. v. Skinner, 1 Brun. Col. Cas., 446; 2 Wheeler's Crim. Cases, 232, 27 Fed. Cas., 1123; U. S. v. The Mary Hogan, 18 Fed. Rep., 529; U. S. v. Two Hundred and Fourteen Boxes, 20 Fed. Rep., 50; Stannick v. The Friendship, Bee, 40, 22 Fed. Cas., 1056; The City of Mexico, 24 Fed. Rep., 33, 25 Fed. Rep., 925; The City of Mexico, 28 Fed. Rep., 148, 32 Fed. Rep., 105; The Carondelet, 37 Fed. Rep., 799; The Conserva, 38 Fed. Rep., 431; U. S. v. The Resolute, 40 Fed. Rep., 543; U. S. v. The Robert and Minnie, 47 Fed. Rep., 84; U. S. v. Trumbull, 48 Fed. Rep., 99; The Itata, 56 Fed. Rep., 505, 49 Fed. Rep., 646; The Laurada, 85 Fed. Rep., 760; The Huascar, 3 Wharton's Dig., 474.

Augmenting force of foreign vessel of war.

R. S., s. 5285.

SEC. 12. Whoever, within the territory or jurisdiction of the United States, increases or augments, or procures to be increased or augmented, or knowingly is concerned Moran, 9 Cranch, in increasing or augmenting, the force of any ship of war, sin, 3 Wash., 65, cruiser, or other armed vessel which, at the time of her ar26 Fed. Cas., 10. rival within the United States, was a ship of war, or

The Alerta v.

359; U. S. v. Gras

cruiser, or armed vessel in the service of any foreign prince or state, or of any colony, district, or people, or belonging to the subjects or citizens of any such prince or state, colony, district, or people, the same being at war with any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, by adding to the number of the guns of such vessel, or by changing those on board of her for guns of a larger caliber, or by adding thereto any equipment solely applicable to war, shall be deemed guilty of a high misdemeanor, and shall be fined not more than one thousand dollars, and be imprisoned not more than one year.

ditions against

the

R. S., s. 5286.

... Pirates, v. Hallock, 154 U.S., 537; Duvall

5 Wheat., 184; U.

SEC. 13. Whoever, within the territory or jurisdiction Military expeof the United States, begins, or sets on foot, or provides people at peace or prepares the means for, any military expedition or en- States. terprise, to be carried on from thence against the territory or dominions of any foreign prince or state, or of any s. colony, district, or people, with whom the United States are at peace, shall be deemed guilty of a high misdemeanor, 548; U. S. v. Wiand shall be fined not exceeding three thousand dollars and 632; The Three imprisoned not more than three years.

v. U. S., 154 U. S., borg, 163 U. S.,

Friends, 166 U.S., 1, 78; The Chapman, 4 Sawyer,

501, 5 Fed. Cas., 471; Ex parte Needham, 1 Pet. C. C., 487, 17 Fed. Cas., 1275; U. S. v. Lumsden, 1 Bond, 5, 26 Fed. Cas., 1012; Charges to Grand Jury, 5 Blatch., 556, 30 Fed. Cas., 1017; 2 McLean, 1, 30 Fed. Cas., 1018; 5 McLean, 249, 30 Fed. Cas., 1020; 5 McLean, 306, 30 Fed. Cas., 1021; 4 Wkly. L. Gaz., 214, 30 Fed. Cas., 1023; 2 Curt., 630, 30 Fed. Cas., 1024; U. S. v. Rand, 17 Fed. Rep., 142; City of Mexico, 32 Fed. Rep., 105; The Carondolet, 37 Fed. Rep., 799; U. S. v. The Resolute, 40 Fed. Rep., 543; U. S. v. The Robert and Minnie, 47 Fed. Rep., 84; U. S. v. Trumbull, 48 Fed. Rep., 99; The Itata, 49 Fed. Rep., 646; Ú. S. v. Ybanez, 53 Fed. Rep., 536; Hendricks v. Gonzales, 67 Fed. Rep., 351; U. S. v. Pena, 69 Fed. Rep., 983; U. S. v. Hughes, 70 Fed. Rep., 972, 75 Fed. Rep., 267; U. S. v. O'Brien, 75 Fed. Rep., 900; U. S. v. Hart, 78 Fed. Rep., 868; 74 Fed. Rep., 724: U. S. v. Nunez, 82 Fed. Rep., 599; Hart v. U. S., 84 Fed. Rep., 799; U. S. v. Murphy, 84 Fed. Rep., 609; The Madagascar Expedition, 29 Am. L. Rev., 539. of foregoing pro

R. S., s. 5287. Dimick,

V.

Vt., 535, 23 Fed.

3

SEC. 14. The district courts shall take cognizance of all Enforcement complaints, by whomsoever instituted, in cases of captures visions. made within the waters of the United States, or within a Stoughton marine league of the coasts or shores thereof. In every Blatch., 356; 29 case in which a vessel is fitted out and armed, or attempted cas., 177. to be fitted out and armed, or in which the force of any vessel of war, cruiser, or other armed vessel is increased or augmented, or in which any military expedition or enterprise is begun or set on foot, contrary to the provisions and prohibitions of this chapter; and in every case of the capture of a vessel within the jurisdiction or protection of the United States as before defined; and in every case in which any process issuing out of any court of the United States is disobeyed or resisted by any person having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of any colony, district, or people, or of any subjects or citizens of any foreign prince or state, or of any colony, district, or peo

Compelling foreign vessels to depart.

R. S., s. 5288.

ple, it shall be lawful for the President, or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, for the purpose of taking possession of and detaining any such vessel, with her prizes, if any, in order to the execution of the prohibitions and penalties of this chapter, and to the restoring of such prizes in the cases in which restoration shall be adjudged; and also for the purpose of preventing the carrying on of any such expedition or enterprise from the territories or jurisdiction of the United States against the territories or dominions of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace.

SEC. 15. It shall be lawful for the President, or such person as he shall empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, as shall be necessary to compel any foreign vessel to depart the United States in all cases in which, by the laws of nations or treaties of the United States, she ought not to remain within the United States. SEC. 16. The owners or consignees of every armed vessel sailing out of the ports of the United States, belonging wholly or in part to citizens thereof, shall, before 6 Pet., 445; U.S.. clearing out the same, give bond to the United States, Quitman, 2 Am. L. Rev., 645, 27 with sufficient sureties, in double the amount of the value

Armed vessels to give bond on clearance.

R. S., s. 5289.

U. S. v. Quincy,

Fed. Cas., 680.

Detention

by collector of customs.

R. S., s. 5290.
Hendricks v.

Rep., 659.

of the vessel and cargo on board, including her armament. conditioned that the vessel shall not be employed by such owners to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace.

SEC. 17. The several collectors of the customs shall detain any vessel manifestly built for warlike purposes, and about to depart the United States, the cargo of which Gonzales, 67 Fed. principally consists of arms and munitions of war, when the number of men shipped on board, or other circumstances, render it probable that such vessel is intended to be employed by the owners to cruise or commit hostilities upon the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace, until the decision of the President is had thereon, or until the owner gives such bond and security as is required of the owners of armed vessels by the preceding section.

Construction

of this chapter.

SEC. 18. The provisions of this chapter shall not be construed to extend to any subject or citizen of any foreign R. S., s. 5291. prince, state, colony, district, or people who is transiently within the United States and enlists or enters himself on board of any vessel of war, letter of marque, or privateer, which at the time of its arrival within the United States was fitted and equipped as suc or hires or retains another subject or citizen of the same foreign prince, state, colony, district, or people who is transiently within the United States to enlist or enter himself to serve such foreign prince, state, colony, district, or people on board such vessel of war, letter of marque, or privateer, if the United States shall then be at peace with such foreign prince, state, colony, district, or people. Nor shall they be construed to prevent the prosecution or punishment of treason, or of any piracy defined by the laws of the United States.

[blocks in formation]

persons in the

rights.

SEC. 19. Whoever injures, oppresses, threatens, or in- Injuring, etc., timidates any citizen in the free exercise or enjoyment of exercise of civil any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same, shall be fined not more than one thousand dollars, and be imprisoned not more than six years.

injure, etc., per

ercise of civil

SEC. 20. If two or more persons conspire to injure, Conspiracy to oppress, threaten, or intimidate any citizen in the free sons in the exexercise or enjoyment of any right or privilege secured rights. to him by the Constitution or laws of the United States, R. S., s. 5508.

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