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SECTION II.

Of Criminal Relations with and against Foreign Powers.

Citizens of the United States hold

foreign state, at war with state ing unauthorized political cor

with which the United States respondence with foreign go- are at peace-how punished 2592 vernment—how punished 2587 Within the United States, setting Citizens within jurisdiction of the foot military expedition against United States, taking, &c. com

state at peace with the United mission to serve foreign state, in Sates-how punished

2593 war, against state at peace with President may employ military

United States—how punished 2588 force to carry into effect foregoEnlisting, within jurisdiction of ing provisions, &c.

2594 the United States, &c. in service President may use such force to

of foreign state-how punished 2589 compel foreign vessels to depart Fitting out and arming, within the

from the United States

2595 limits of the United States, &c. Owners, &c. of armed vessel, bevessel for foreign state to cruise longing to citizens of the United against state at

States, departing therefrom, to United States-punishment of 2590 give bond that she shall not be Citizen fitting out, &c. such vessel, employed against state at peace without the limits of the United

with the United States

2696 States, with intent to cruise Collectors may detain armed vesagainst citizens of the United sels departing the United States States—how punished

2591 under suspicious circumstances 2597 Increasing, within the United Prosecution for treason and piracy Slates, force of armed vessel of

reserved

2598

peace with

Art. 2587. If a citizen of the United States, whether actually resident or abiding therein, or in a foreign country, shall, without the permission or authority of the government of the United States, directly or indirectly, commence, or carry on, any verbal or written correspondence or inter. course with any foreign government, or officer or agent thereof, with an intent to influence the measures or conduct of any foreign government, or officer or agent thereof, in relation to any disputes or controversies with the United States; or defeat the measures of the government of the United States ; or if any person, being a citizen of, or resident within the United States, and not duly authorized, shall counsel, advise, aid, or assist, in any such correspondence, with intent as aforesaid, he shall be deemed guilty of a high misdemeanor, and on conviction before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding five thousand dollars, and by imprisonment during a term not less than six months, nor exceeding three years : but nothing in this act contained shall be construed to abridge the right of individual citizens of the United States to apply, by themselves, or their lawful agents, to any foreign government, or the agents thereof, for the redress of injuries to person or property which such individuals may have sustained from such government, or any of its agents, citizens, or subjects.(1).

2588. If any citizen of the United States shall, within the territory or jurisdiction thereof, accept and exercise a commission to serve a foreign prince, state, colony, district, or people in war, by land or by sea, against any prince, state, colony, district, or people, with whom the United States are at peace, he shall be deemed guilty of a high misdemeanor, and be fined not more than two thousand dollars, and imprisoned not exceeding three years.(2) (1) Act 30th Jan. 1799, sec. 1.

(2) Act 30th April, 1818, sec.

2589. If any person shall, within the territory or jurisdiction of the United States, enlist or enter himself, or hire or retain another person to en. list or enter himself, or to go beyond the limits or jurisdiction of the United States, with intent to be enlisted or entered in the service of any foreign prince, state, colony, district, or people, as a soldier, a marine, or seaman, on board of any vessel of war, letter of marque, or privateer, every person so offending shall be deemed guilty of a high misdemeanor, and be fined not exceeding one thousand dollars, and imprisoned not ex. ceeding three years : this act does not extend to the subject or citizen of any foreign prince, state, colony, district, or people, who shall transiently be within the United States, and shall, on board of any vessel of war, leiter of marque, or privateer, which at the time of its arrival within the United States was fitted and equipped as such; enlist or enter himself, or hire or retain 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.(1)

2590. If any person shall, within the limits of the United States, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly be concerned in the furnishing, fitting out, or arming of any vessel, with intent that such vessel shall be employed in the service of any foreign prince or state, or of any colony, district, or people, to cruize 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, or shall issue or deliver a commission within the territory or jurisdiction of the United States, for any vessel, to the intent that she may be employed as aforesaid, such person so offend. ing shall be deemed guilty of a high misdemeanor, and shall be fined not more than ten thousand dollars, and imprisoned not more than three years ; and every such vessel, with her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores, which may have been procured for the building and equipment thereof, shall be forfeited; one half to the use of the informer, and the other half to the use of the United States.(2)

2591. If any citizen or citizens of the United States shall, without the limits thereof, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly aid or be concerned in the furnishing, fitting out, or arming any private vessel of war, or privateer, with intent that such vessel shall be employed to cruise or commit hostilities upon the citizens of the United States, or their property, or shall take the command of, or enter on board of any such vessel for the intent aforesaid, or shall purchase any interest in any such vessel, with a view to share in the profits thereof, such person, so offending, shall be deemed guilty of a high misdemeanor, and fined not more than ten thousand dollars, and imprisoned not more than ten years; and the trial for such offence, if committed without the limits of the United States, shall be in the district in which the offender shall be apprehended, or first brought.(3)

2592. If any person shall, within the territory or jurisdiction of the United States, increase or augment, or procure to be increased or augmented, or shall knowingly be concerned in increasing or augmenting the force

(3) Act 20th April, 1818, sec. 4.

(1) Act 20th April, 1818, sec. 2.

(2) Ibid. sec. 3.-See U. S. v. Quincey, 6 Pet. 445.

of
any

armed vessel, which at the time of her arrival within the United
States, was 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, being at war with any foreign
prince or state, or 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 the addi.
tion thereto of any equipment solely applicable to war, such person, so of-
sending, shall be deemed guilty of a high misdemeanor, be fined not more
than one thousand dollars, and be imprisoned not more than one year.(1)

2593. If any person shall, within the territory or jurisdiction of the United States, begin to set on foot, or provide, or prepare the means for, any military expedition or enterprise, to be carried on from thence against the territory or dominions of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace, every person, so offending, shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding three thousand dollars, and imprisoned not more than three years.(2)

2594. In every case in which a vessel shall be fitted out and armed, or attempted to be fitted out and armed, or in which the force of any armed vessel shall be increased or augmented, or in which any military expedition or enterprise shall be begun or set on foot contrary to the provisions and prohibitions of this act; 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 shall be disobeyed or resisted by any person or persons 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 people, the president, or such other person as he shall have empowered for that purpose, may employ such part of the land or naval forces of the militia as shall be necessary for the purpose of taking possession of and detaining any such vessel, with her prize or prizes, if any, in order to the execution of the prohibitions and penalties of this act, and to the restoring the prize or prizes in the cases in which restoration shall have been 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.(3)

2595. The president, or such person as he shall empower for that purpose may employ such part of the land or naval forces or of the militia of the United States, 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 the treaties of the United States, they ought not to remain within the United States.(4)

2596. The owners or consignees of every armed vessel sailing out of the ports of the United States, belonging wholly or in part to the citizens thereof, shall enter into bond to the United States, with sufficient sureties, prior to clearing out the same, in double the amount of the value of the vessel and cargo on board, including her armament, that the vessel shall not be employed by such owners to cruise or commit hostilities against the subjects,

(1) Act 20th April, 1818, sec. 5. (2) Ibid. sec. 6.

(3) Ibid. sec. 8. (4) Ibid. sec. 9.

citizens, or property, of any foreign prince or state, or of any colony, district or people, with whom the United States are at peace.(1)

2597. The collectors of the customs are respectively authorized and required to detain any vessel manifestly built for warlike purposes, and about to depart from the United States, of which the cargo shall principally consist of arms and munitions of war, when the number of men shipped on board, or other circumstances, shall render it probable that such vessel is intended to be employed by the owner or 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 be had thereon, or until the owner or owners shall give such bond and security as is required of the owners of armed ships by the preceding section of this act.(2)

2598. Nothing in the foregoing act shall be construed to prevent the prosecution or punishment of treason, or any piracy defined by the laws of the United States(3)*

SECTION III.

Offences against Post Office Regulations.

Opening, delaying, letter bag,

mail, &c.-embezzling or de. stroying letter not containing money-how punished

2599 Embezzling, destroying, or steal.

ing letter, &c. containing money, &c. writing, &c.—how pun. ished

2600 Person having charge of mails de

serting them-how punished 2601 Person concerned in carrying mails,

illegally carrying letters—how punished

2602 Robbing, or attempting to rob, the

mail-stealing the mail, or from mail or post-office, any letter,

&c. containing article of value-
how punished

2603 Person ripping, cutting, &c. or

otherwise injuring or expos-
ing mail bags, &c. with intent to
steal-how punished

2604 Accessaries before the fact-how punished

2605 Persons imprisoned for such of.

fences, to be kept at hard labour 2606 Forfeitures-how divided

2607 Person receiving, &c. articles

stolen from mail, &c. or being
accessary after the fact

how
punished

2608

Art. 2599. If any person employed in any of the departments of the post-office establishment, shall unlawfully detain, delay, or open, any letter, packet, bag, or mail of letters, with which he shall be entrusted, or which shall have come to his possession, and which are intended to be conveyed by post; or if any such person shall secrete, embezzle, or destroy, any letter, or packet entrusted to such person as aforesaid, and which shall not contain any security for, or assurance relating to money, as hereinafter de. scribed, every such offender, being thereof duly convicted, shall, for every such offence, be fined, not exceeding three hundred dollars, or imprisoned not exceeding six months, or both, according to the circumstances and ag. gravations of the offence.(4)

2600. And if any person, employed as aforesaid, shall secrete, embezzle, or destroy, any letter, packet, bag, or mail of letters, with which he or they

(1) Act 20th April, 1818, sec. 10. (2) Ibid. sec. 11.

(3) Ibid. sec. 13.
(4) Act 3d March, 1825, sec. 21.

By the 12th section Act 20th April

, 1818, the Acts 5th June, 1794—7th March, 1797—24th April, 1800—14th June, 1797–3d March, 1817, were repealed and supplied.--For offences against revenue laws, see page 580.

shall be entrusted, or which shall have come to his or her possession, and are intended to be conveyed by post, containing any bank note, or bank post bill, bill of exchange, warrant of the treasury of the United States, note of assignment of stock in the funds, letters of attorney for receiving annuities or dividends, or for selling stock in the funds, or for receiving the interest thereof, or any letter of credit, or note for, or relating to, payment of moneys, or any bond, or warrant, draft, bill, or promissory note, cove. nant, contract, or agreement whatsoever, for, or relating to, the payment of money, or the delivery of any article of value, or the performance of any act, matter, or thing, or any release, acquittance, or discharge of, or from, any debt, covenant, or demand, or any part thereof, or any copy of any record of any judgment, or decree, in any court of law or chancery, or any execution which may have issued thereon; or any copy of any other record, or any other writing of value, or any writing representing the same; or if any such person, employed as aforesaid, shall steal, or take, any of the same out of any letter, packet, bag, or mail of letters, that shall come to his or her possession, such person shall, on conviction for any such offence, be imprisoned not less than ten years, nor exceeding twenty one years.(1)

2601. And if any person who shall have taken charge of the mails of the United States, shall quit or desert the same before such person delivers it into the post-office kept at the termination of the route, or some known mail carrier, or agent of the general post-office, authorized to receive the same, every such person, so offending, shall forfeit and pay a sum not exceeding five hundred dollars, for every such offence.(1)

2602. And if any person concerned in carrying the mail of the United States, shall collect, receive, or carry any letter or packet, or shall cause or procure the same to be done, contrary 10 this act, every such offender shall forfeit and pay for every such offence, a sum not exceeding fifty dollars.(1)

2603. If any person shall rob any carrier of the mail of the United States, or other person entrusted therewith, of such mail, or of part thereof, such offender or offenders shall, on conviction, be imprisoned not less than five years, nor exceeding ten years; and, if convicted a second time of a like offence, he or they shall suffer death ; or if, in effecting such robbery of the mail the first time, the offender shall wound the person having cus. tody thereof, or put his life in jeopardy, by the use of dangerous weapons, such offender or offenders shall suffer death. And if any person shall at tempt to rob the mail of the United States, by assaulting the person having custody thereof, shooting at him, or his horse or mule, or threatening him with dangerous weapons, and the robbery is not effected, every such offend. er, on conviction thereof, shall be punished by imprisonment, not less than two, nor exceeding ten years. And if any person shall steal the mail, or shall steal, or take from, or out of, any mail, or from, or out of, any postoffice, any letter or packet ; or if any person shall take the mail

, or any letter or packet therefrom, or from any post-office, whether with or without the consent of the person having custody thereof, and shall open, embezzle, or destroy, any such mail, letter, or packet, the same containing any article of value, or evidence of any debt, due, demand, right, or claim, or any release, receipt, acquittance, or discharge, or any other article, paper, or thing, mentioned and described in the twenty-first section of this act; or, if any person shall, by fraud or deception, obtain from any person having custody thereof, any mail, letter, or packet, containing any article of value, or evi. dence thereof, or either of the writings referred to, or next above mention.

(1) Act 3d March, 1825, sec. 21.

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