the States. The punishment is imprisonment not exceeding seven years, and a fine not exceeding one thousand dollars. Misprision of felony consists in the concealing of any felony made punishable by the United States, or not revealing the same to the civil or military authorities. The punishment is imprisonment not exceeding three years, and a fine not exceeding five hundred dollars. It is unfortunate that this term felony, so often used in criminal legislation, has not been defined by statute. At common law, (a) it was the general name for every crime which occasioned a forfeiture of lands or goods. But such cannot be the criterion in this country, because forfeiture is here abolished as a part of punishment. When Congress use the term felony, they seem to include in it every capital offence except treason, and this is the sense in which Blackstone, after much discussion, concludes to use the term. Under the law of Congress, then, the concealment of any capital offence other than treason, is punishable as a misprision of felony.

3. Criminal Correspondence with Foreign Powers. Any resident alien, or any citizen, resident or not, being concerned in any correspondence with a foreign government, with intent to influence its measures in relation to any controversy with this government, or to defeat the measures of this government-fine within five hundred dollars, and imprisonment between six months and three years. This offence, it will be seen, partakes somewhat of the nature of treason. But it is declared not to include the case where an individual merely seeks from a foreign government redress for a private injury.

4. Bribery. 1. Directly or indirectly bribing any judge of the federal courts, with respect to any order, judgment, or decree— fine and imprisonment of both parties, at the discretion of the court, and future disqualification of the judge to hold any office. 2. Bribing a custom-house officer to swerve from his duty-fine for both parties between two hundred and two thousand dollars.

5. Resistance of Officers. Knowingly obstructing or resisting any officer in the execution of any judicial order or process of the federal courts; or assaulting, beating, or wounding such officerfine within three hundred dollars, and imprisonment within one

year.

6. Rescuing Prisoner. 1. Rescuing or liberating, by force, any person convicted of a capital offence-death. 2. Rescuing a prisoner under any other circumstances - fine within five hundred dollars, and imprisonment within one year.

7. Vacating Records. Feloniously stealing, altering, falsifying, or otherwise avoiding any record, process, or other proceeding in the federal courts, so as to defeat any judgment therein-fine within five hundred dollars, or imprisonment within seven years, or stripes not exceeding thirty-nine.

8. False Personation. Acknowledging any recognizance, bail,

(a) 4 Black. Com. chap. 7.

or judgment in the federal courts, in the name of any person not privy or consenting thereto - same punishment as above.

9. Perjury. Wilfully and corruptly committing perjury, or procuring perjury to be committed, in any matter pending in the federal courts, or in any deposition required by law-fine within eight hundred dollars, imprisonment within three years, pillory one hour, and future incompetency as a witness. But by a subsequent act of 1825, perjury, or subornation of perjury, in any case where the laws of the United States require an oath or affirmation to be taken, is punished by a fine within two thousand dollars, and imprisonment within five years. This last provision, in addition to the above, includes perjury in relation to public money, provided for in the act of 1823; perjury before committees of Congress, provided for by the act of 1798; perjury in relation to the customs, provided for by the act of 1799; and perjury under the insolvent act, provided for by the act of 1800. It therefore virtually repeals the former acts. You will observe that the act of Congress does not specify in what perjury shall consist; and therefore recourse is had to the common-law definition before adverted to.

§ 200. Crimes Committed in Places of Exclusive Federal Jurisdiction. (a) We have seen that Congress has power "to exercise exclusive legislation, in all cases whatsoever, over such district, not exceeding ten miles square, as may, by cession of particular States, become the seat of government of the United States; and to exercise like authority over all places, purchased by the consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings." In these places, therefore, Congress provides for the punishment of crimes. And as the power to do a thing implies the power to do it effectually, Congress may provide for apprehending an offender escaping from these places, and for transporting such offender to or from these places, for trial or execution. And unless State jurisdiction over such places has been expressly reserved, in the cession thereof, it entirely ceases. The offences, in these places, provided for by Congress, are as follows: 1. Murder, the punishment of which is death, and there is no distinction of degrees. 2. Manslaughter, as defined by the common law fine within one thousand dollars, and imprisonment within three years. 3. Arson. Maliciously burning any dwelling-house, or any barn, stable, or other building connected therewith; or advising or aiding therein-death. 4. Other Burning. Maliciously setting fire to or burning any other building, vessel, timber, stores, provisions, or other property, specified in the act; or advising or aiding therein-fine within five thousand dollars, and imprisonment within ten years. 5. Misprision, mayhem, larceny, and being accessory to larceny after the fact the same as on the high

(a) Sce Cohens v. Virginia, 6 Wheaton, 264; Commonwealth v. Cleary, 8 Mass. 72.

seas, before described. There is also a general provision, that if any offence be committed in these places of exclusive federal jurisdiction, for which Congress has not made specific provision, the punishment shall be the same as the State in which the same is situated provides for such offence. This is a convenient method of supplying the manifest deficiencies in the foregoing specifications. $201. Crimes against the Revenue Laws. The power to punish these offences is incidental, as we have seen, to the power to raise and disburse the revenue. There are nearly fifty in number; and they are so framed as to meet every anticipated attempt, either by revenue officers or other persons, to defeat or defraud the revenue. The punishments consist entirely of fines and forfeitures; and the prosecutions may be commenced at any time. within five years. I shall omit a description of these offences, for two reasons: first, on account of their peculiar character, they affect only that class of persons immediately connected with the revenue, and have no general application to the public at large; and, secondly, they could not be described so as to be understood, without a full account of our revenue system, for which I have not room.

The

§ 202. Crimes against Commerce, including the Indians. power to punish these offences is incidental to the power to regulate commerce. And the following is a summary of the offences provided for as to the Indians. 1. Any citizen or resident of the United States entering any territory secured by treaty to the Indians, for the purpose of hunting or grazing therein fine within one hundred dollars, and imprisonment within six months. 2. Entering the territory secured to the Indians, south of the Ohio River, for any purpose whatever, without a passport from the proper authority-half the above penalty. 3. Entering the Indian territory with a hostile intention, and committing any offence against the person or property of any friendly Indian, which would be punishable if committed upon a citizen within our jurisdiction fine within one hundred dollars, and imprisonment within one year; if property be taken or destroyed remuneration in double value; and if murder be committed death. 4. Surveying or settling upon any land belonging to Indians, or attempting so to do-fine within one thousand dollars, and imprisonment within one year. 5. Attempting to reside among the Indians as a trader, without license from government fine within one hundred dollars, imprisonment within thirty days, and forfeiture of merchandise. 6. Purchasing from Indians any utensil for hunting or cooking, or any article of clothing except skins or furs fine within fifty dollars, and imprisonment within thirty days. 7. Purchasing a horse from an Indian, without licensefine within one hundred dollars, imprisonment within thirty days, and forfeiture of the horse. 8. An Indian agent being concerned in any trade with Indians on his own account-fine within one thousand dollars, and imprisonment within one year. 9. Treating

with Indians for the purchase of land, without authority from government same punishment. 10. A foreigner going into the Indian territory without a passport- same punishment. 11. Any Indian or other person committing, within the Indian territory, any offence which would be punishable, if committed within places of exclusive federal jurisdiction-the same punishment. as is there provided for. All these provisions are intended for the benefit of the Indians, and their spirit cannot be too much applauded. But experience has proved them to be altogether insufficient to protect these helpless children of nature against circumvention and imposition by white adventurers among them.

Among the offences not relative to Indians, the most important offence affecting internal commerce, is that of a conspiracy to destroy a ship. (a) According to the definition, a conspiracy formed, either on the high seas, or within the United States, to cast away, burn, or otherwise destroy any ship or vessel, or to procure the same to be done, with intent to injure underwriters upon the vessel or cargo, or lenders upon bottomry or respondentia, is punishable by fine not exceeding ten thousand dollars, and imprisonment not exceeding ten years. This provision does not, in terms, confine the place of intended destruction to the high seas. And it has been held to include all the navigable waters within the United States.

§ 203. Crimes against the Post-Office Regulations. (b) The power to punish these offences is incidental, as we have seen, to the power to establish post-offices and post-roads; and the offences provided for are as follows: 1. Any person connected with the post-office department, unlawfully detaining or opening any letter, or packet, or mail of letters not containing money or other evidence of value fine within three hundred dollars, or imprisonment within six months, or both. If such letter, packet, or mail contain money or other evidence of value imprisonment from ten to twenty-one years. For the same offence with respect to newspapers - fine within fifty dollars. 2. Any person not connected with the department, stealing, opening, or destroying the mail, or any letter or packet therein, not containing money or other evidence of value fiue within five hundred dollars, and imprisonment within one year. If the same contain money or other evidence of value, imprisonment from two to ten years. For the same offence with respect to newspapers-fine within twenty dollars. 3. Buying, receiving, or concealing any thing, knowing the same to have been robbed, stolen, or embezzled from the mail; or otherwise becoming accessory after the fact-fine within two thousand dollars, and imprisonment within ten years; with special provision that the

(a) See 23d section of the act of 1825, 4 Stat. at Large, 122; U. S. v. Cole, 5 M'Lean, 513. See also, as bearing upon the question, act of 1804, 2 Stat. at Large, 290; U. S. v. Johns, 1 Walsh. C. C. Rep. 363; U. S. v. Amedy, 11 Wheaton, 392; act of 1790, 1 Stat. at Large, 116; U. S. v. Hamilton, 1 Mason, 152; act of 1825, 4 Stat. at Large, 115; U. S. v. Coombs, 12 Peters, 72; U. S. v. Bailey, 1 M'Lean, 234. (b) 2 Wheeler's Crim. Cases, Pref. 39.

principal need not be first convicted. 4. Any person having charge of the mail, quitting or deserting the same before delivering it to the proper person at the end of the route fine of five hundred

dollars; and if such person receive or carry any letter or packet, otherwise than in the mail, or procure the same to be done - fine within fifty dollars. 5. Robbing any carrier of the mail, or person intrusted therewith, of such mail or any part thereof imprisonment from five to ten years for the first offence, and death for the second. But if, in committing the first offence, the carrier be wounded or his life threatened by dangerous weapons, the punishment is death. 6. Attempting to rob the mail, by assaulting or threatening the carrier-imprisonment from two to ten years. 7. Doing any injury to the bag, valise, or portmanteau, in which the mail is carried, with intent to rob or steal therefrom-fine from one hundred to five hundred dollars, and imprisonment from one to three years. 8. Concealing a letter or other writing in a newspaper, pamphlet, or magazine, or writing any thing thereon, for the purpose of avoiding letter postage fine of five dollars, and full charge as for letter postage. 9. Advising, procuring, aiding, or assisting in the commission of any of these offences same punishment as the principal. Where the punishment is a fine, in all these cases, one-half goes to the informer. This is one of the very few cases in which pecuniary inducement is held out to informers.

§ 204. Crimes against Foreign Nations. (a) Under this head I shall include several offences, made punishable by virtue of the incidental power which the federal government has to keep peace with foreign nations, and preserve a strict neutrality with respect to their controversies. 1. Any American citizen, within our jurisdiction, accepting and exercising a commission to serve one foreign government, by land or sea, against another foreign government at peace with us fine within two thousand dollars, and imprisonment within three years. The design of this provision being to prevent our citizens from involving this nation in the quarrels of other nations, to the injury of our neutral policy, it prohibits foreign service only in those cases where it would have that tendency. 2. Any resident, whether citizen or alien, within our jurisdiction, enlisting or procuring another to enlist, in the service of any foreign government, on board of any vessel of war, letter of marque, or privateer-fine within one thousand dollars, and imprisonment with three years. The design of this provision being the same as of the preceding, it does not include an enlistment made by a foreigner, on board of a foreign ship which happens to be temporarily within our jurisdiction. 3. Any person within our jurisdiction, whether citizen or not, being concerned in fitting out or arming any vessel for the service of one foreign government against another, with whom we are at peace - - fine within ten thousand

(a) 2 Wheeler's Crim. Cases, Pref. 48.