sence pre That in considering claims filed under the pension laws, Mar. 13, 1896. the death of an enlisted man or officer shall be considered Death as sufficiently proved if satisfactory evidence is produced sumed from abestablishing the fact of the continued and unexplained absence of such enlisted man or officer from his home and family for a period of seven years, during which period no intelligence of his existence shall have been received. And Pension ceases, any pension granted under this Act shall cease upon proof that such officer or enlisted man is still living. SEC. 2. vhen. neers to have rights as soldiers No master, mate, pilot, or engineer of May 28, 1896. steam vessels licensed under title fifty-two of the Revised Masters, mates. Statutes shall be liable to draft in time of War, except for pilots, and engi the performance of duties such as required by his license; same pension and, while performing such duties in the service of the and sailors in cerUnited States, every such master, mate, pilot, or engineer tain cases. shall be entitled to the highest rate of wages paid in the merchant marine of the United States for similar services; and, if killed or wounded while performing such duties under the United States, they, or their heirs, or their legal representatives shall be entitled to all the privileges accorded to soldiers and sailors serving in the Army and Navy, under the pension laws of the United States. Sec. 1023. Prosecutions for perjury. 1624. To obtain claims. 5392. Punishment. 5393. Subornation of perjury. PERJURY. Sec. 5396. Form of indictment for perjury. SEC. 1023. In prosecutions for perjury committed on Title 13, chap. 18. examination before a naval general court-martial, or for Prosecutions the subornation thereof, it shall be sufficient to set forth the for perjury before offense charged on the defendant, without setting forth martial. the authority by which the court was held, or the particu- 1. art. 13, v. 12, p. lar matters brought before, or intended to be brought 604. before, said court. a naval courtJuly 17, 1862, s. SEC. 1624. Art. 14. Fine and imprisonment, or such other Title 15,chap. 10. punishment as a court-martial may adjudge, shall be inflcted upon any person in the naval service of the United States pose of obtaining Who, for the purpose of obtaining, or aiding others to obtain, the approval, allowance, or payment of any claim against the United States or any officer thereof, makes, or procures or advises the making of, any oath to any fact or to any writing or other paper, knowing such oath to be false. For the pur claims. 18, v. 1, p. 116; SEC. 5392. Every person who, having taken an oath Title 70, chap. 4. before a competent tribunal, officer, or person, in any case Perjury. in which a law of the United States authorizes an oath to Apr. 30, 1790, s. be administered, that he will testify, declare, depose, or Mar. 3, 1825, s. 13, certify truly, or that any written testimony, declaration, v. 4, p. 118. deposition, or certificate by him subscribed is true, will fully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is Subornation of perjury. guilty of perjury, and shall be punished by a fiue of not more than two thousand dollars, and by imprisonment, at hard labor, not more than five years; and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed. SEC. 5393. Every person who procures another to comApr. 30, 1790, mit any perjury is guilty of subornation of perjury, and s. 18, v. 1, p. 116: punishable as in the preceding section prescribed. Mar. 3, 1825, s. 13, v. 4. p. 118. ment for perjury. s. 19, v. 1, p. 116. Form of indict- SEC. 5396. In every presentment or indictment proseApr. 30, 1790, cuted against any person for perjury, it shall be sufficient to set forth the substance of the offense charged upon the defendant, and by what court, and before whom the oath was taken, averring such court or person to have competent authority to administer the same, together with the proper averment to falsify the matter wherein the perjury is assigned, without setting forth the bill, answer, information, indictment, declaration, or any part of any record or proceeding, either in law or equity, or any affidavit, deposition, or certificate, other than as herein before stated, and without setting forth the commission or authority of the court or person before whom the perjury was committed. Indictment for subornat i o n of perjury. Ibid., s. 20. Title 13, chap. 3. SEC. 5397. In every presentment or indictment for subornation of perjury, it shall be sufficient to set forth the substance of the offense 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, or any affidavit, deposition, or certificate, and without setting forth the commission or authority of the court or person before whom the perjury was comitted, or was agreed or promised to be committed. etc. Sec. 5370. Robbery upon the high seas. 5372. Murder, etc., upon the high seas. 5374. Piracy by subjects or citizens of a 5375. Piracy in confining or detaining 5384. Confederating, etc., with pirates. 5324. Accessory after the fact to robbery | 5533. Accessory after the fact of piracy; or piracy, 5368. Piracy under the law of nations. 5369. Seaman laying violent hands on his commander. punishment. SEC. 563. The district courts shall have jurisdiction of Mar. 3, 1823, v. all cases arising under act for the punishment of piracy, 3. p. 789; May 15, when no circuit court is held in the district of such court. 1820, v. 3, p. 600; Jan. 30, 1823, v. 3, p. 721. District courts to have jurisdiction of cases. to suppress pi SEC. 4293. The President is authorized to employ so Title 48, chap. 8. many of the public armed vessels as in his judgment the Public vessels service may require, with suitable instructions to the com- racy. manders thereof, in protecting the merchant-vessels of the Mar. 3, 1819, s. United States and their crews from piratical aggressions 30, 1823, v.3, p.721. and depredations. 1, v. 3, p. 510; Jan. ratical vessels. 30. 1823, v. 3, p. SEC. 4294. The President is authorized to instruct the Seizure of pi commanders of the public armed vessels of the United Mar. 3, 1819, s. States to subdue, seize, take, and send to any port of the 2, v.3. p. 512; Jan. United States, any armed vessel or boat, or any vessel or 721. boat, the crew whereof shall be armed, and which shall have attempted or committed any piratical aggression, search, restraint, depredation, or seizure, upon any vessel of the United States, or of the citizens thereof, or upon any other vessel; and also to retake any vessel of the United States, or its citizens, which may have been unlawfully captured upon the high seas. Merchant ves. Mar. 3, 1819, s. p. 721. SEC. 4295. The commander and crew of any merchant- sels may resist vessel of the United States, owned wholly, or in part, by a pirates. citizen thereof, may oppose and defend against any aggres- 3. v. 3, p. 513; sion, search, restraint, depredation, or seizure, which shall Jan. 30, 1823, v. 3, be attempted upon such vessel, or upon any other vessel so owned, by the commander or crew of any armed vessel whatsoever, not being a public armed vessel of some nation in amity with the United States, and may subdue and cap. ture the same; and may also retake any vessel so owned which may have been captured by the commander or crew of any such armed vessel, and send the same into any port of, the United States. 721; Aug. 5, 1861, SEC. 4296. Whenever any vessel, which shall have been Condemnation of piratical vesbuilt, purchased, fitted out in whole or in part, or held for sels. the purpose of being employed in the commission of any 4.3, p. 513; Jan. Mar. 3, 1819, s. piratical aggression, search, restraint, depredation, or seiz- 30, 1823, v. 3, p. ure, or in the commission of any other act of piracy as s. 1, v. 12, p. 314. defined by the law of nations, or from which any piratical aggression, search, restraint, depredation, or seizure shall have been first attempted or made, is captured and brought into or captured in any port of the United States, the same shall be adjudged and condemned to their use, and that of the captors after due process and trial in any court having admiralty jurisdiction, and which shall be holden for the district into which such captured vessel shall be brought; and the same court shall thereupon order a sale and distribution thereof accordingly, and at its discretion. sels fitted out for Aug. 5, 1861. 8. 1, v. 12, p. 314. SEC. 4297. Any vessel built, purchased, fitted out in Seizure of ves whole or in part, or held for the purpose of being employed piracy. in the commission of any piratical aggression, search, restraint, depredation, or seizure, or in the commission of any other act of piracy, as defined by the law of nations, shall be liable to be captured and brought into any port of the United States if found upon the high seas, or to be seized if found in any port or place within the United States, whether the same shall have actually sailed upon any piratical expedition or not, and whether any act of piracy shall have been committed or attempted upon or What vessels may be author rates. Idem, s. 2. from such vessel or not; and any such vessel may be adjudged and condemned, if captured by a vessel authorized as hereinafter mentioned, to the use of the United States and to that of the captors, and if seized by a collector, surveyor, or marshal, then to the use of the United States. SEC. 4298. The President is authorized to instruct the ized to seize pi- commanders of the public armed vessels of the United States, and to authorize the commanders of any other armed vessel sailing under the authority of any letters of marque and reprisal granted by Congress, or the commanders of any other suitable vessels, to subdue, seize, take, and, if on the high seas, to send into any port of the United States, any vessel or boat built, purchased, fitted out, or held as mentioned in the preceding section. Duties of officers of customs and marshals. Idem, s. 3. Title 70, chap. 1. SEC. 4299. The collectors of the several ports of entry, the surveyors of the several ports of delivery, and the mar shals of the several judicial districts within the United States, shall seize any vessel or boat built, purchased, fitted out, or held as mentioned in section forty-two hundred and ninety-seven, which may be found within their respective ports or districts, and to cause the same to be proceeded against and disposed of as provided by that section. SEC. 5323. Every person who knowingly aids, abets, Accessory be causes, procures, commands, or counsels another to commit fore the fact to any murder, robbery, or other piracy upon the seas, is an Apr. 30, 1790, s. accessory before the fact to such piracies, and every such 10, v. 1, p. 114. See act of Ang. person being thereof convicted shall suffer death. piracy, etc. 6, 1894, amending secs. 5365 and 5366, title, "Merchant vessels." Accessory after the fact to piracy. Apr. 30, 1790, s. 11, v. 1, p. 114. SEC. 5324. Every person who receives or takes into cusrobbery ortody any vessel, goods, or other property feloniously taken by any robber or pirate against the laws of the United States, knowing the same to have been feloniously taken, See sec. 5533. and every person who, knowing that such pirate or robber has done or committed any such piracy or robbery, on the land or at sea, receives, entertains, or conceals any such pirate or robber, is an accessory after the fact to such robbery or piracy. Note 1.-Piracy is defined by the law of nations to be a forcible depredation upon property on the high seas, without lawful authority, done animo furandi; that is, as defined, in this connection, in a spirit and intention of universal hostility. A pirate is said to be one who roves the sea in an armed vessel, without any commis sion from any sovereign state, on his own authority, and for the purpose of seizing by force and appropriating to himself, without discrimination, every vessel he may meet. United States v. Baker, 5 Blatchford, 11, 12. Cited in Cadwalader's State Department Digest, p. 77.) To make the firing of one vessel into another a piratical aggression within the act of 1819, section 5368, R. S., it must be a first aggression unprovoked by any previous act of hostility or menace from the other side. (Cadwalader's Digest; Op., IX, 114.) Robbery, or forcible depredation upon the high sea, animo furandi, is piracy by the law of nations. Cadwalader's Digest, p. 76, cites 5 Wheaton, 153. A vessel loses her national character by assuming a piratical character, and a piracy committed by a foreigner from on board such a vessel whatever, is punishable under act of 1790, section 5360, R. S. (Idem, p. 77, cites 5 Wheaton, 184.) Every hostile attack, in time of peace, is not necessarily piratical. It may be by mistake, or in necessary self defense, or to repel a supposed meditated attack by pirates. It may be justifiable, and then no blame attaches to the act; or it may be without just excuse, and then it carries responsibility in damages. (Cadwalader's Digest, p. 77, cites 11 Wheaton, 40, 41, and 2 Howard, 236.) Merchant vessels suspected of being engaged in illicit trade forbidden by the laws of Congress may be seized and detained by public armed vessels. (Op., 3, 405.) SEC. 5368. Every person who, on the high seas, commits Title 70, chap. 3. the crime of piracy as defined by the law of nations, and is Piracy under afterward brought into or found in the United States, shall the law of suffer death. SEC. 5369. Every seaman who lays violent hands upon his commander, thereby to hinder and prevent his fighting in defense of his vessel or the goods intrusted to him, is pirate, and shall suffer death. a SEC. 5370. Every person who, upon the high seas, or in any open roadstead, or in any haven, basin, or bay, or in any river where the sea ebbs and flows, commits the crime of robbery, in or upon any vessel, or upon any ship's company of any vessel, or the lading thereof, is a pirate, and shall suffer death. na See secs. 53235333. Mar. 3, 1819,.8. 5, v. 3, p. 513; May 15, 1820, 8. 2, v. 3, p. 600; Jan. 30, 1823, v. 3, p. 721. violent hands on Seaman laying 8, Apr. 30, 1790, s. Robbery on piratical vessel. shore by crew of Ibid. SEC. 5371. Every person engaged in any piratical cruise or enterprise, or being of the crew of any piratical vessel, who lands from such vessel and on shore commits robbery, is a pirate, and shall suffer death. SEC. 5372. Every person who commits upon the high Murder, etc.. upon the high seas, or in any river, harbor, basin, or bay, out of the juris- seas. diction of any particular State, murder or robbery, or any 8, API, 30 1730 other offense which, if committed within the body of a county, would be punishable with death by the laws of the United States, is a pirate, and shall suffer death. Apr. s. mission from a SEC. 5373. Every citizen who commits any murder or Piracy under robbery, or any act of hostility against the United States, color of a comor against any citizen thereof, on the high seas, under color foreign power. of any commission from any foreign prince, or state or on Idem, s. 9, v. 1, pretense of authority from any person, is, notwithstanding the pretense of such authority, a pirate, and shall suffer death. p. 114. Mar. 3, 1847, v. SEC. 5374. Every subject or citizen of any foreign state,, Piracy by subjects or citizens who is found and taken on the sea making war upon the of a foreign state. United States, or cruising against the vessels and property 9, p. 175. thereof, or of the citizens of the same, contrary to the provisions of any treaty existing between the United States and the state of which offender is a citizen or subject, when by such treaty such acts are declared to be piracy, is guilty of piracy, and shall suffer death. on May 15, 1820, s. See secs. 5525, SEC. 5375. Every person who, being of the crew or ship's Piracy in confining or detaincompany of any foreign vessel engaged in the slave-trade, ing negroes or being of the crew or ship's company of any vessel owned board vessels. wholly or in part, or navigated for or in behalf of any citi- 5, v. 3, p. 601. zen, forcibly confines or detains on board such vessel any 5551-5560, Slave negro or mulatto, with intent to make such negro or mulatto Trade. a slave, or, on board such vessel, offers or attempts to sell," as a slave, any negro or mulatto, or on the high seas, or anywhere on tide-water, transfers or delivers to any other vessel any negro or mulatto with intent to make such negro or mulatto a slave, or lands or delivers on shore from on board such vessel any negro or mulatto with intent to make |