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Seo sec. 5297.

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 389.1

, 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.

SEO. 5333. Every person, owing allegiance to the United Misprision of States and having knowledge of the commission of any Apr.30, 1790, s. 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.

SEC. 5334. Every person who incites, sets on foot, assists, Inciting or en. or engages in any rebellion or insurrection against the maging ins rebel: authority of the United States, or the laws thereof, or gives tion,

July 17, 1862, s. 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 Mar. 31, 1896. Statutes of the United States, as amended by chapter forty- 29 Stat. L., 84. six of the laws of eighteen hundred and eighty-four, which 2, S. 23. R. S., vol section is as follows:

Navy. “No person who held a commission in the Army or Navy Confederate of the United States at the beginning of the late rebellion, disqualify. and afterwards served in any capacity in the military, naval, Repeal of: or civil service of the so-called Confederate States, or of 1884, May 13, ch. either of the States in insurrection during the late rebellion, 46, Supp. R.

423.) shall be appointed to any position in the Army or Navy of the United States,"

be, and the same is hereby, repealed.

SEC. 5335. Every citizen of the United States, whether Criminal corteactually resident or abiding within the same, or in any foreign govern. foreign country, who, without the permission or authority "San. 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 offi. course with any foreign government, or any officer or agent cers, and 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

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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. Seditious con SEC. 5336. If two or more persons in any State or Terri. spiracy. July 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 Apr. 20, 1871, s. 2, v. 17, p. 13. 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. SEC. 5337. Every person who recruits soldiers or sailors diers or sailors to within the United States to engage in armed hostility United States against the same, or who opens within the United States a

Aug. 6, 1861, 8. 1, v. 13, p. 317.

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. Enlistment to SEC. 5338. Every soldier or sailor enlisted or engaged serve against the

within the United States, with intent to serve in armed Ibid., s. 2. 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 2, v. 17, p. 13.

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 Sec. 5407. If two or more persons in any State or Terridefeat went of the laws. tory conspire for the purpose of impeding, hindering, ob

structing, 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

Ibid.

section.

States.

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 All parties to United States in any manner or for any purpose, and one or a conspiracy 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. 44. P-484;

May 17, 1879, v. 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.

L., 4,title"Fraud, perjury, etc.,

amending this 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 accept of confidence under the United States, or from discharging fico 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, 1.17. 2. 18.71, 8, 2, or to injure him in his person or property on account of his See sec. 5407. 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, binder, 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.

SEC. 5519. If two or more persons in any State or Terri, Conspiracy to 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 for more than six years, or by both such fine and imprisonment.

CONSTRUCTION OF UNITED STATES STATUTES RELATING

TO THE NAVY AND MARINE CORPS.

DECISIONS OF FEDERAL COURTS AND OPINIONS OF THE ATTORNEYS

GENERAL OF THE UNITED STATES.

4647, notes on U.

249, note on s. 833.

Art. 29.

18 Stat. L.., 203; Academy, Naval, hazing at, punishable.
act of Jan. 23,
1874, ch. 453; 15
A. G. Op., 80.

Act Mar. 3, Accounts, transportation of enlisted men. - The methods 1879, ch. 183; 20 Stat. L., 420; 20

adopted in settling accounts for transportation of the A. G. Op., 11; 21 Army under the act cited are not applicable to accounts A.G.(part 2), 297, Harmon, Jan. 24, for the transportation of enlisted men of the Navy and 1896.

Marine Corps.

An omission by Congress of some accounts from an act providing for the settlement of certain accounts for transportation shows that it was not the intention of Con. gress to make said act apply to all accounts for transpor

tation furnished under preceding acts. Rev. Stat., s. Accounts of district attorney and prize commissioner. S. Stats., Gould and Tucker, p.

See Accused may testify, "Evidence." Green v. U. S., 9 Wall., 655; but see Jonesv. U.S., 1C. Cls., 833.

Act of Aug. 14, Absence from command, enlisted men of Navy and Marine 1888; 19 A. G. Op., 221.

Corps. The phrase, “by reason of absence from his command at the time he became entitled to his discharge," as used in the first section of the act cited, is to be regarded as equally applicable to the date when the term of enlistment of the applicant expired, and to the date when he would have received his discharge along with other enlisted men with whom he served, had he been present.

The proviso in the third section of the act cited is ap

plicable to the latter section alone. (a) 25 Stat. L., (a) Relief to sailors and marines.—The act under considera119; 24 id., 51. See also H. Rp.

tion clearly intended to grant the same relief to the sailors No. 220, 1st sess., and marines of the late war that had been granted to 50th Cong

the soldiers under like circumstances by the acts cited

under (a). 454

.

Court of Claims.

Oct. 12, 1893.

Absence on pay.—The section of the act cited inhibits the 22 Stat. L., 564;

heads of Departments and the Executive from granting ch. 128, s. 4; 20, leave of absence to Department clerks with pay and with. A: G: 0p, 303

Miller, Jan. 26, out charging the time against the period of absence al- 1892. lowed annually by law, in every case except that of the u. s., decided sickness of the clerk concerned.

Jan. 11, 1892, by (a) Prohibited. The appropriation act cited under (a) pro. (a) Act. Mar.3,

hibits any further leave of absence on pay when the em-20 A. G.Op., 607 ployee has before July 1, 1893, been absent for a longer Olney, Juno 2

period than ninety days during the calendar year 1893. Op., 070, Olney, Active list, of the Navy, etc.—That the active list of the Med. 22 Stat. L... 285,

act Aug. 5, 1882. ical Corps of the Navy shall hereafter consist of fifteen medical directors, fifteen medical inspectors, fifty surgeons, and ninety assistant and passed assistant surgeons.

That the active list of the Pay Corps of the Navy shall hereafter consist of thirteen pay directors, thirteen pay inspectors, forty paymasters, twenty passed assistant paymasters, and ten assistant paymasters.

That the active list of the Engineer Corps of the Navy shall hereafter consist of ten chief engineers with the relative rank of captain, fifteen chief engineers with the relative rank of commander, forty-five chief engineers with the relative rank of lieutenant-commander or lieutenant, sixty passed assistant engineers, and forty assistant engineers, with the relative rank for each as now fixed by law; and after the number of officers in the said grades shall be reduced as above provided, the number in each grade shall not exceed the reduced number which is fixed

by the provisions of this act for the several grades. Reduction of officers not to reduce rank.That no officer now

1874, in the service shall be reduced in rank or deprived of his s. 3. commission by reason of any provision of this act reducing the number of officers in the several staff corps: Provided, That no further appointments of cadet engineers shall be made by the Secretary of the Navy under section three of the act of eighteen hundred and seventy-four [by which such appointments shall not exceed twenty-five

each year]. Vacancies in grades.—That as vacancies shall occur in any

of the grades of the Medical, Pay, and Engineer corps of the Navy no promotion shall be made to fill the same until the number in said grade shall be reduced below the number which is fixed by the provisions of this act for such

grade. Half of vacancies, how filled.--Hereafter only one half of

the vacancies in the various grades in the line of the Navy shall be filled by promotion until such grades shall be reduced to the following numbers, namely: Rearadmirals, six; commodores, ten; captains, forty-five; commanders, eighty-five; lieutenant-commanders, seventy-four; lieutenants, two hundred and fifty; masters, seventy-five; ensigns, seventy-five; and thereafter promotions to all vacancies shall be made, but not to increase either of said grades above the numbers aforesaid.

Act of

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