to be accounted for to the Secretary of War, and to be returned when the necessity for their use has expired. See note 1. jurors and wit Apr. 30, 1790, s. SEC. 1033. When any person is indicted of treason, a Title 13,chap. 18. copy of the indictment and a list of the jury, and of the Copy of indictwitnesses to be produced on the trial for proving the in- ment and list of dictment, stating the place of abode of each juror and nesses. witness, shall be delivered to him at least three entire days 29, v. 1, p. 118. before he is tried for the same. When any person is indicted of any other capital offense, such copy of the indictment and list of the jurors and witnesses shall be delivered to him at least two entire days before the trial. SEC. 1034. Every person who is indicted of treason, or Persons indicted for capital other capital crime, shall be allowed to make his full crimes entitled defense by counsel learned in the law; and the court to counsel and to compel witbefore which he is tried, or some judge thereof, shall im- nesses. mediately, upon his request, assign to him such counsel, Idem. not exceeding two, as he may desire, and they shall have free access to him at all seasonable hours. He shall be allowed, in his defense, to make any proof that he can produce by lawful witnesses, and shall have the like process of the court to compel his witnesses to appear at his trial, as is usually granted to compel witnesses to appear on behalf of the prosection. tious messages; SEC. 2111. Every person who sends any talk, speech, Title 28, chap. 3. message, or letter to any Indian nation, tribe, chief, or Sending sediindividual, with an intent to produce a contravention or penalty. infraction of any treaty or law of the United States, or to disturb the peace and tranquility of the United States, is liable to a penalty of two thousand dollars. 13, June 30, 1834, s. v. 4, p. 731. tious messages; Idem, s. 14. SEC. 2112. Every person who carries or delivers any Carrying seditalk, message, speech, or letter, intended to produce a con- penalty. travention or infraction of any treaty or law of the United States, or to disturb the peace or tranquility of the United States, knowing the contents thereof, to or from any Indian nation, tribe, chief, or individual, from or to any person or persons whatever, residing within the United States, or from or to any subject, citizen, or agent of any foreign power or state, is liable to a penalty of one thousand dollars. SEC. 2113. Every person who carries on a correspondence, by letter or otherwise, with any foreign nation or power, with an intent to induce such foreign nation or power to excite any Indian nation, tribe, chief, or individual, to war against the United States, or to the violation of any existing treaty; or who alienates, or attempts to alienate, the confidence of any Indian or Indians from the Government of the United States, is liable to a penalty of one thousand dollars. Note 1.-The President's proclamation, Aug. 20, 1866, 14 Stat., 817, was an anthoritative declaration that the rebellion was suppressed, and it is to be so regarded on and after that date. The recognition and adoption of the time so designated in the act or March 2, 1867, 14 Stat., 428, gives to it the force and sanction of positive law, and makes it binding and conclusive on the courts. (C. C., IV, p. 1. See Wallace, 12, p. 700.) 376-29 Correspondence with foreign nations, to excite Indians to war; Idem, s. 15. Title 69. government. 1, v. 1, p. 421; SEC. 5297. In case of an insurrection in any State against Insurrection the government thereof, it shall be lawful for the President, against a State on application of the legislature of such State, or of the Feb. 28, 1795, s. executive, when the legislature cannot be convened, to call Mar. 3, 1807, v. 2, forth such number of the militia of any other State or States, which may be applied for, as he deems sufficient to suppress such insurrection; or, on like application, to employ, for the same purposes, such part of the land or naval forces of the United States as he deems necessary. p. 443. Insurrection against the Gov. ernment of the United States. 1, v. 12, p. 281. of civil rights. Apr. 20, 1871, 8. 3, v. 17, p. 14. SEC. 5298. Whenever, by reason of unlawful obstructions, combinations, or assemblages of persons, or rebellion against the authority of the Government of the United States, it shall become impracticable, in the judgment of the President, to enforce, by the ordinary course of judicial proceedings, the laws of the United States within any State or Territory, it shall be lawful for the President to call forth the militia of any or all the States, and to employ such parts of the land and naval forces of the United States as he may deem necessary to enforce the faithful execution of the laws of the United States, or to suppress such rebellion, in whatever State or Territory thereof the laws of the United States may be forcibly opposed, or the execution thereof forcibly obstructed. Power to supSEC. 5299. Whenever insurrection, domestic violence, press insurrection in violation unlawful combinations, or conspiracies in any State so obstructs or hinders the execution of the laws thereof, and of the United States, as to deprive any portion or class of the people of such State of any of the rights, privileges, or immunities, or protection, named in the Constitution and secured by the laws for the protection of such rights, privileges, or immunities, and the constituted authorities of such State are unable to protect, or, from any cause, fail in or refuse protection of the people in such rights, such facts shall be deemed a denial by such State of the equal protection of the laws to which they are entitled under the Constitution of the United States; and in all such cases, or whenever any such insurrection, violence, unlawful combination, or conspiracy, opposes or obstructs the laws of the United States, or the due execution thereof, or impedes or obstructs the due course of justice under the same, it shall be lawful for the President, and it shall be his duty, to take such measures, by the employment of the militia or the land and naval forces of the United States, or of either, or by other means, as he may deem necessary, for the suppression of such insurrection, domestic violence, or combinations. Proclamation to insurgents to disperse. July 29, 1861, s. 2, v. 12, p. 282. Title 70, chap. 2. Treason. Apr. 30, 1790, s. 1, v. 1, p. 112. SEC. 5300. Whenever, in the judgment of the President, it becomes necessary to use the military forces under this Title, the President shall forthwith, by proclamation, command the insurgents to disperse and retire peaceably to their respective abodes, within a limited time. SEC. 5331. Every person owing allegiance to the United States who levies war against them, or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason. treason. 589. SEC. 5332. Every person guilty of treason shall suffer, Punishment of death; or, at the discretion of the court, shall be impris- July 17, 1862, oned at hard labor for not less than five years, and fined ss. 1, 3, v. 12, p. not less than ten thousand dollars, to be levied on and collected out of any or all of his property, real and personal, of which he was the owner at the time of committing such treason, any sale or conveyance to the contrary notwithstanding; and every person so convicted of treason shall, moreover, be incapable of holding any office under the United States. Misprision of treason. Apr. 30, 1790, s. SEC. 5333. Every person, owing allegiance to the United States and having knowledge of the commission of any treason against them, who conceals, and does not, as soon 2, v. 1, p. 112. as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor, or to some judge or justice of a particular State, is guilty of misprision of treason, and shall be imprisoned not more than seven years, and fined not more than one thousand dollars. July 17, 1862, s. SEC. 5334. Every person who incites, sets on foot, assists, Inciting or en gaging in rebelor engages in any rebellion or insurrection against the fion or insurrec authority of the United States, or the laws thereof, or gives tion. aid or comfort thereto, shall be punished by imprisonment 2, v. 12, p. 590. not more than ten years, or by a fine of not more than ten thousand dollars, or by both of such punishments; and shall, moreover, be incapable of holding any office under the United States. That section twelve hundred and eighteen of the Revised Statutes of the United States, as amended by chapter fortysix of the laws of eighteen hundred and eighty-four, which 2 section is as follows: See sec. 5297. Mar. 31, 1896. 29 Stat. L., 84. Supp. R. S., vol 2, p. 455. Army and Navy. Confederate service not to Repeal of 1884, May 13, ch. R.S. § 1218, and § 1 (1 Supp. R. "No person who held a commission in the Army or Navy of the United States at the beginning of the late rebellion, disqualify. and afterwards served in any capacity in the military, naval, or civil service of the so-called Confederate States, or of either of the States in insurrection during the late rebellion, shall be appointed to any position in the Army or Navy of the United States," 46, S., 423.) spondence with ments. See sec. 1738, 2113. be, and the same is hereby, repealed. SEC. 5335. Every citizen of the United States, whether Criminal correactually resident or abiding within the same, or in any foreign govern foreign country, who, without the permission or authority Jan. 30, 1799, ch. of the Government, directly or indirectly, commences or 1, v. 1, p. 613. carries on any verbal or written correspondence or inter- Diplomatic offl course with any foreign government, or any officer or agent cers, and вес. thereof, with an intent to influence the measures or conduct of any foreign government, or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the Government of the United States; and every person, being a citizen of, or resident within, the United States, and not duly authorized, who counsels, advises, or assists in any such correspondence, with such intent, shall be punished by a fine of not more than five thousand dollars, and by imprisonment during a term not less than six months, nor more Seditious conspiracy. Apr. 20, 1871, s. 2, v. 17, p. 13. than three years; but nothing in this section shall be construed to abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agent thereof for redress of any injury which he may have sustained from such government, or any of its agents or subjects. SEC. 5336. If two or more persons in any State or TerriJuly 31, 1861, tory conspire to overthrow, put down, or to destroy by force ch. 23, v. 12, p.284; the Government of the United States, or to levy war against them, or to oppose by force the authority thereof; or by 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 sol. diers or sailors to serve against the United States. Aug. 6, 1861, s. 1, v. 13, p. 317. Enlistment to serve against the United States. Ibid., s. 2. witness, or juror. 2, v. 17, p. 13. SEC. 5337. Every person who recruits soldiers or sailors within the United States to engage in armed hostility against the same, or who 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. 5338. Every soldier or sailor enlisted or engaged within the United States, with intent to serve in armed hostility against the same, shall be punished by a fine of one hundred dollars, and by imprisonment not less than one year, nor more than three years. Title 70, chap. 4. SEC. 5406. If two or more persons in any State or TerriConspiring to tory conspire to deter, by force, intimidation, or threat, any intimidate party, party or witness in any court of the United States from Apr. 20, 1871, s. attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror, each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor more than six years, or by both such fine and imprisonment. Conspiracy to defeat enforce Ibid. SEC. 5407. If two or more persons in any State or Terriment of the laws. tory conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws, each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor more than six years, or by both such fine and imprisonment. SEC. 5440. If two or more persons conspire either to com- Title 70, chap.5. mit any offense against the United States, or defraud the United States in any manner or for any purpose, and one or a conspiracy equally guilty. more of such parties do any act to effect the object of the Mar. 2, 1867, s. conspiracy, all the parties to such conspiracy shall be liable 30, v. 14. p. 484; to a penalty of not more than ten thousand dollars or to 21, p. 4. imprisonment for not more than two years, or to both fine 17, 1879, 21 Stat. and imprisonment, in the discretion of the court. May 17, 1879, v. See act of May L.,4, title "Fraud, perjury, etc.,' amending this section. States. 17, p. 13. See sec. 5407. Apr. 20, 1871, s. 2, SEC. 5518. If two or more persons in any State or Territory Title 70, chap. 7. conspire to prevent, by force, intimidation, or threat, any Conspiracy to person from accepting or holding any office, trust, or place prevent accepting or holding of of confidence under the United States, or from discharging fice under United any duties thereof; or to induce by like means any officer July 31, 1861, of the United States to leave any State, district, or place, ch.33. v. 12, p.284 where his duties as an officer are required to be performed, v. 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 punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor more than six years, or by both such fine and imprisonment. 2, 17, p. 13. SEC. 5519. If two or more persons in any State or Terri- Conspiracy to deprive any per tory conspire, or go in disguise on the highway or on the son of the equal premises of another, for the purpose of depriving, either protection of the directly or indirectly, any person or class of persons of the Apr. 20, 1871, s. equal protection of the laws, or of equal privileges and "See sec. 5336. immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor more than six years, or by both such fine and imprisonment. |