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service; aliens except

478, 5 Fed. Cas., 390;

Cas., 1179; Ex parte

Fed. Cas., 293; U. S. 1.

A. G. Op., 336; 7 A. G.

service of country at

which United States is

SEC. 10. Whoever, within the territory or jurisdiction of the Enlisting in foreign United States, enlists or enters himself, or hires or retains another ed, when. person to enlist or enter himself, or to go beyond the limits or juris- R. S., s. 5282. diction of the United States with intent to be enlisted or entered in 7 May, 1917, 40 Stat. the service of any foreign prince, State, colony, district, or people L39, c. 11. Chacon . Bales of as a soldier or as a marine or seaman on board of any vessel of war, Cochineal, 1 Brock, letter of marque, or privateer shall be fined not more than one Stoughton v. Taylor, 2 thousand dollars and imprisoned not more than three years: Pro- Paine, 65, 13 Fed. vided, That this section shall not apply to citizens or subjects of any Needham, Pet. C. C country engaged in war with a country with which the United States 487, 17 Fed. Cas., 1274, U. S. t. Hertz, 3 is at war, unless such citizen or subject of such foreign country shall Pittsb., L. J., 194, 26 hire or solicit a citizen of the United States to enlist or go beyond Kazinski, 2 Sprague, the jurisdiction of the United States with intent to enlist or enter 7 26 Fed. Cas.. 682; 4 the service of a foreign country. Enlistments under this proviso Op.,367. shall be under regulations prescribed by the Secretary of War. Aliens may enlist in SEC. 11. Whoever, within the territory or jurisdiction of the war with country with United States, fits out and arms, or attempts to fit out and arm, or at war. procures to be fitted out and armed, or knowingly is concerned in the Arming vessels furnishing, fitting out, or arming of any vessel, with intent that such peace with vessel shall be employed in the service of any foreign prince or state, or of any colony, district, or people, to cruise or commit hostilities R. S., s. 5283. against the subjects, citizens, or property of any foreign prince or S. Guinet, 2 state, or of any colony, district, or people, with whom the United The Alfred, 3 Dall, States are at peace, or whoever issues or delivers a commission within 307; Gelston v. Hoyt, the territory or jurisdiction of the United States for any vessel, to the Estrella, 4 Wheat., 298; intent that she may be so employed, shall be fined not more than ten wheat., 235, The Sunthousand dollars and imprisoned not more than three years. And tissima Trinidad, every such vessel, her tackle, apparel, and furniture, together with Para, Wheat, 471 all materials, arms, ammunition, and stores which may have been pro- wheat., 490; The Arcured for the building and equipment thereof, shall be forfeited; one- rogante Barcelones, 7 half to the use of the informer and the other half to the use of the Monta Allegre, 7 United States. Wheat., 520; U. S. v. Reyburn, 6 Pet., 352

against people at United States.

the

U. .
Dall., 321; Moodic r.

3 Wheat., 246; The

La Conception, 6

7

Wheat., 283; The Gran

The Santa Maria, 7

Wheat., 496; The

U. S. . Quincy, 6 Pet., 445; The Bermuda, 3 Wall., 551; U. S. r. Weed, 72 U. S., 62; The Watcbiul, 73 U. S., 91: The Three Friends, 166 U. S.. 1, 52, 78 Fed. Rep., 175; The Chapman, Sawyer, 501, 5 Fed. Cas., 171: The Florida, 4 Ben., 452, 9 Fed. Cas., 321; Juando r. Tavior, 2 Paine, 652, 13 Fed. Cas., 1179: The Metecr, 1 Am. L. Rev., 401, 17 Fed. Cas., 178; Mocdie r. The Brothers, Bee, 76, 17 Fed. Cas., 653; Sawyer r. Steele, 3 Wash., 464, 21 Fed. Cas.. 583; U. S. r. Skinner, 1 Brun. Col. Cas., 116; 2 Wheeler's Crim. Cases, 232, 27 Fed. Cas., 1123; U. S. r. The Mary Hogan. 18 Fed. Rep.. 529: U. S. e. Two Hundred and Fourteen Boxes, 20 Fed. Rep., 50: Stannick, r. 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., 118, 32 Fed. Rep., 105; The Carcndolet, 37 Fed. Rep., 799; The Conserva, 38 Fed. Rep., 431; U. S. . The Resolute, 40 Fed. Rep., 5:3; U. S. 1. The Robert and Minnie, 47 Fed. Rep., 81; U.S. . Trumbul, 18 Fed. Rep., 99: The Itats, 56 Fed. Rep., 505, 49 Fed. Rep., 646; The Laurada, 85 Fed Rep., 760; The Huascar, 3 Wharton's Dig., 474.

of foreign vessel of

war.

R.S., S. 5283.

The Alerta r. Moran. Grassin, 3 Wash., 65,

Cranch, 359: U. S. 1.

SEC. 12. Whoever, within the territory or jurisdiction of the Augmenting force United States, increases or augments, or procures to be increased or augmented, or knowingly is concerned in increasing or augmenting, the force of any ship of war, cruiser, or other armed vessel which, at the time of her arrival within the United States, was a ship of war, 9 or cruiser, or armed vessel, in the service of any foreign prince or 26 Fed. Cas.. 10. 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 fined not more than one thousand dollars and imprisoned not more than one year.

Military expedipeace with the United States.

SEC. 13. Whoever, within the territory or jurisdiction of the United States or of any of its possessions, knowingly begins or sets tions against people at on foot or provides or prepares a means for or furnishes the money for, or who takes part in, any military or naval expedition or enterprise to be carried on from thence against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States is at peace, shall be fined not more U. S. v. Pirates, 5 than three thousand dollars or imprisoned not more than three Hallock, 154 U. S., 537; years, or both.

R. S., s. 5286.

15 June, 1917, 40 U.

S., 231, c. 30, s. 8.

Wheat., 184; U. S. v.

Duvalle. U. S., 154, U.

S., 548; U. S. v. Wiborg, 163 U. S., 632; The Three 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. r. Lumsden, 1 Bond, 5, 26 Fed. Cas., 1012; Charges to Grand Jury, 5 Biatch,. 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., 639, 30 Fed. Cas., 1024; U. S. ». Rand, 17 Fed. Rep.. 142; City of Mexico, 32 Fed. Rep., 105: The Carondelet, 37 Fed. Rep., 799; U. S. t. The Resolute, 40 Fed. Rep., 543; U. S. r. The Robert and Minnie, 47 Fed. Rep., 81; U. S. . Trumbull, 48 Fed. Rep.. 99; The Itata, 46 Fed. Rep., 646; U. 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., 858, 71 Fed. Rep., 724; U. S. u. Nunez, 82 Fed. Rep., 599; Hart ›. U. S., 84 Fed. Rep., 799; U. S. v. Murphy, 84 Fed. Rep., 609; The Madagascar Expedition, 29 Am. L. Rev., 539.

Enforcement of

foregoing provisions. R. S., s. 5287.

3 Blatch., 356; 29 Vt.,

SEC. 14. The district courts shall take cognizance of all complaints, by whomsoever instituted, in cases of captures made within the waters of the United States, or within a marine league of the coasts or shores Stoughton v. Dimick, thereof. In every case in which a vessel is fitted out and armed, or 535, 23 Fed. Cas., 77. attempted 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 people, 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 enforce the execution of the prohibitions and penalties of this chapter, and 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 territory or jurisdiction of the United States against the territory or dominion of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace.

Compelling foreign vessels to depart.

R. S., s. 5288.

SEC. 15. It shall be lawful for the President to employ such part of the land or naval forces of the United States, or of the militia thereof, as he may deem necessary to compel any foreign vessel to 15 June, 1917, 40 Stat. depart from the United States or any of its possessions in all cases in which, by the law of nations or the treaties of the United States, it ought not to remain, and to detain or prevent any foreign vessel from so departing in all cases in which, by the law of nations or the treaties of the United States, it is not entitled to depart.

L., 223, c. 30, s. 10.

to

Armed vessels give bond on clear

ance.

R. S., s. 5289.

SEC. 16. The owners or consignees of every armed vessel sailing out of the ports of, or under the jurisdiction of, the United States, belonging wholly or in part to citizens thereof, shall, before clearing U. S. t. Quincy, 6 out the same, give bond to the United States, with sufficient sureties, Pet., 445, U. S. v. Quit in double the amount of the value of the vessel and cargo on board, 645, 27 Fed. Cas., 680. 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.

man, 2 Am. L. Rev.,

Detention by col

Gon

SEC. 17. The several collectors of the customs shall detain any lector of customs. vessel manifestly built for warlike purposes, and about to depart the R. S., s. 5290. United States, or any place subject to the jurisdiction thereof, the Hendricks r. cargo of which principally consists of arms and munitions of war, zales, 67 Fed. Rep., when the number of men shipped on board, or other circumstances, 659. 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.

chapter.

R. S., s. 5291.

SEC. 18. The provisions of this chapter shall not be construed to Construction of this extend to any subject or citizen of any foreign 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 such, 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.

CHAPTER THREE.

OFFENSES AGAINST THE ELECTIVE FRANCHISE AND CIVIL
RIGHTS OF CITIZENS.

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Conspiracy to injure, ercise of civil rights. R. S., s. 5508.

etc., citizens in the ex

SEC. 19. If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of 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, U. S. r. Reese, 92 U. or if two or more persons go in disguise on the highway, or on the s., 214: U. S. 2. Cruikpremises of another, with intent to prevent or hinder his free exercise 542, 1 Woods, 308, 25 or enjoyment of any right or privilege so secured, they shall be fined Fed. Cas., 707: Straunot more than five thousand dollars and imprisoned not more than ten 303; Va. v. Reeves, 100 years, and shall, moreover, be thereafter ineligible to any office, or Virginia, 100 U.S., 339; place of honor, profit, or trust created by the Constitution or laws of Ex parte Siebold, 100 the United States.

der. W. Va., 100 U. S.,

U. S., 313: Ex parte

U. S., 371; Ex parte
Clark, 100 U. S., 399:
Neal . Delaware, 103

C. S., 370; U. S. r. Harris, 106 U. S., 629; Civil Rights Cases, 109 U. S., 17; Ex parte Yarbrough, 110 U. S.
651; Ú. S. r. Waddell, 16 Fed. Rep., 221, 112 U. S. 76; Baldwin 2. Frank, 120 U. S., 678; In re Coy, 127
U. S., 731; In re Neagle, 135 U. S., 1; In re Lancaster. 137 U. S., 393; Logan . U. S., 144 U. S., 263; Brown
. U. S., 150 U. S., 93: In re Quarles, 158 U. S., 532; Motes r. U. S., 178 U. S., 458; Hodges v. U. S., 203
U. S., 1; Rakes r. U. S., 212 U. S., 55; Slaughter House Case, 1 Woods, 21, 15 Fed. Cas., 649, 16 Wall.,
36; Seeley v. Knox, 2 Woods, 368, 21 Fed. Cas., 1014; U. S. v. Butler, 1 Hughes, 457, 25 Fed. Cas., 213;
U. S. v. Butler, 4 Hughes, 512, 25 Fed. Cas., 226, U. S. v. Degrieff, 16 Blatch., 20, 25 Fed. Cas., 799: U. S.
. Mitchel, 1 Hughes, 439, 26 Fed. Cas., 1283; Le Grand . U. S., 12 Fed. Rep., 577; In re Baldwin, 27 Fed.
Rep., 187; U. S. r. Lancaster, 44 Fed. Rep., 885; U. S. v. Sanges, 48 Fed. Rep., 78; U. S. r. Patrick, 53
Fed. Rep., 356; U. S. v. Patrick, 54 Fed. Rep., 338; Haynes v. U. S., 101 Fed. Rep., 817: U. S. v. Davis,
103 Fed. Rep., 457; Mullen . U. S., 106 Fed. Rep., 892: Davis v. U. S., 107 Fed. Rep., 753; Karem e. U. S.,
121 Fed. Rep., 250; Morris v. U. S., 125 Fed. Rep., 322; McKenna . U. S., 127 Fed. Rep., 88; U. S. v. Eber-
hart, 127 Fed. Rep., 254; U. S. v. Moore, 129 Fed. Rep., 630; U. S. v. Powell, 151 Fed. Rep., 648; Smith r.
U. S., 157 Fed. Rep., 721; U. S. v. Mason, 213 U. S., 115; Guinn v. U. S., 238 U. S., 347; U. S. v. Mosley,
238 U. S., 383; U. S. v. Grochmell, 243 U. S., 476.

Depriving persons of civil rights under color of State law.

R. S., s. 5510.

Civil Rights Cases, Blackburn, 8 Chi. L.

SEC. 20. Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects, or causes to be subjected, any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the 109 U. S., 16, U. S. Constitution and laws of the United States, or to different punishN, 26, 24 Fed. Cas., ments, pains, or penalties, on account of such inhabitant being an Rep., 481: U. S. c. Bun: alien, or by reason of his color, or race, than are prescribed for the tin, 10 Fed. Rep. 730; punishment of citizens, shall be fined not more than one thousand Fed. Rep., 577: U. S. v. dollars, or imprisoned not more than one year, or both.

1158; Re Parrott, 1 Fed.

Le Grand v. U. S., 12

Washington, 20 Fed. Rep., 630.

vent person from

cer from performing duty under

States, etc.

R. S., s. 5518.

Conspiracy to pre- SEC. 21. If two or more persons in any State, Territory, or Disholding office or offi- trict conspire to prevent, by force, intimidation, or threat, any perUnited son from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any officer of the United States to leave any Clune v. U. S., 159 State, Territory, District, or place, where his duties as an officer are US Johnson, 2 required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined not more than five thousand dollars, or imprisoned not more than six years, or both.

U. S., 590.
Fed. Rep., 682.

Unlawful presence of troops at elections.

R. S., s. 5528.

Intimidation of voters by officers, etc., of Army and Navy.

R. S., s. 5529.

Officers of Army or Navy prescribing qualifications of voters.

R. S., s. 5530.

Officers, etc.,

of

Army or Navy, inter

election, etc.

R. S., s. 5531.

SEC. 22. Every officer of the Army or Navy, or other person in the civil, military, or naval service of the United States, who orders, brings, keeps, or has under his authority or control any troops or armed men at any place where a general or special election is held in any State, unless such force be necessary to repel armed enemies of the United States, shall be fined not more than five thousand dollars and imprisoned not more than five years.

SEC. 23. Every officer or other person in the military or naval service of the United States who, by force, threat, intimidation, order, advice, or otherwise, prevents, or attempts to prevent, any qualified voter of any State from freely exercising the right of suffrage at any general or special election in such State shall be fined not more than five thousand dollars and imprisoned not more than five years.

SEC. 24. Every officer of the Army or Navy who prescribes or fixes, or attempts to prescribe or fix, whether by proclamation, order, or otherwise, the qualifications of voters at any election in any State shall be punished as provided in the preceding section.

SEC. 25. Every officer or other person in the military or naval fering with officers of service of the United States who, by force, threat, intimidation, order, or otherwise, compels, or attempts to compel, any officer holding an election in any State to receive a vote from a person not legally qualified to vote, or who imposes, or attempts to impose, any regulations for conducting any general or special election in a State different from those prescribed by law, or who interferes in any manner with any officer of an election in the discharge of his duty, shall be punished as provided in section twenty-three.

from holding office;

may vote.

R. S., s. 5532.

Persons disqualified SEC. 26. Every person convicted of any offense defined in the four when soldiers, etc., preceding sections shall, in addition to the punishment therein prescribed, be disqualified from holding any office of honor, profit, or trust under the United States; but nothing therein shall be construed to prevent any officer, soldier, sailor, or marine from exercising the right of suffrage in any election district to which he may belong, if otherwise qualified according to the laws of the State in which he offers to vote.

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R. S., s. 5416.

SEC. 27. Whoever shall falsely make, forge, counterfeit, or alter Forgery of letters any letters patent granted or purporting to have been granted by the patent. President of the United States; or whoever shall pass, utter, or publish or attempt to pass, utter, or publish as genuine, any such forged, Lon Irwin, 5 Mecounterfeited, or falsely altered letters patent, knowing the same to 54. be forged, counterfeited, or falsely altered, shall be fined not more than five thousand dollars and imprisoned not more than ten years.

Lean, 178, 26 Fed. Cas.,

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