Title 70, Chap. 1. Punishment of death by hanging. No conviction SEC. 5325. The manner of inflicting the punishment of death shall be by hanging. [See § 5340.] 30 April, 1790, s. 33, v. 1, p. 119. SEC. 5326. No conviction or judgment shall work corruption of blood to work corrup- or any forfeiture of estate. tion of blood or forfeiture of estate. Whipping and Ibid., s. 24, p. 117. SEC. 5327. The punishment of whipping and of standing in the pillory the pillory abol- shall not be inflicted. ished. Jurisdiction of State courts. Benefit elergy. 28 Feb., 1839, s. 5, v. 5, p. 322. SEC. 5328. Nothing in this Title shall be held to take away or impair the jurisdiction of the courts of the several States under the laws thereof. 3 March, 1795, s. 26, v. 4, p. 122. of SEC. 5329. The benefit of clergy shall not be used or allowed, upon conviction of any crime for which the punishment is death. Pardoning power. Title 70, Chap. 3. Murder. Delivery of offender's body for dissection, when. Manslaughter. 30 April, 1790, s. 31, v. 1, p. 119. SEC. 5330. Whenever, by the judgment of any court or judicial officer of the United States, in any criminal proceeding, any person is sentenced to two kinds of punishment, the one pecuniary and the other corporal, the President shall have full discretionary power to pardon or remit, in whole or in part, either one of the two kinds, without, in any manner, impairing the legal validity of the other kind, or of any portion of either kind, not pardoned or remitted. 20 Feb., 1863, s. 1, v. 12, p. 656. SEC. 5339. Every person who commits murder First. Within any fort, arsenal, dock-yard, magazine, or in any other place or district of country under the exclusive jurisdiction of the United States; Second. Or upon the high seas, or in any arm of the sea, or in any river, haven, creek, basin, or bay within the admiralty and maritime jurisdiction of the United States, and out of the jurisdiction of any particular State; Third. Or who upon any of such waters maliciously strikes, stabs, wounds, poisons, or shoots at any other person, of which striking, stabbing, wounding, poisoning, or shooting such other person dies, either on land or at sea, within or without the United States, shall suffer death. [See § 5326.] 30 April, 1790, s. 3, v. 1, p. 113. 3 March, 1825, s. 4, v. 4, p. 115. SEC. 5340. The court before which any person is convicted of murder, may, in its discretion, add to the judgment of death, that the body of the offender be delivered to a surgeon for dissection; and the marshal who executes such judgment shall deliver the body, after execution, to such surgeon as the court may direct; and such surgeon, or some person by him appointed, shall receive and take away the body at the time of execution. 30 April, 1790, s. 4, v. 1, p. 113. SEC. 5341. Every person who, within any of the places or upon any of the waters described in section fifty-three hundred and thirty-nine, unlawfully and wilfully, but without malice, strikes, stabs, wounds, or shoots at, or otherwise injures another, of which striking, stabbing, wounding, shooting, or other injury such other person dies, either on land or sea, within or without the United States, is guilty of the crime of manslaughter. Ibid., 8. 7. 3 March, 1857, s. 1, v. 11, p. 250. Attempt to SEC. 5342. Every person who, within any of the places or upon any commit murder of the waters described in section fifty-three hundred and thirty-nine, or manslaughter attempts to commit the crime of murder or manslaughter, by any means not constituting the offense of assault with a dangerous weapon, shall be punished by imprisonment, with or without hard labor, not more than three years, and by a fine of not more than one thousand dollars. 3 March, 1857, s. 2, v. 11, p. 250. SEC. 5843. The punishment of manslaughter shall be imprisonment, Punishment of not exceeding ten years and a fine not exceeding one thousand dollars, except manslaughter. as otherwise specially provided by law. 30 April, 1790, s. 7, v. 1, p. 113. 3 March, 1875, s. 1, 2, v. 18, p. 138. SEC. 5344. Every captain, engineer, pilot, or other person employed Officer's and on any steamboat or vessel, by whose misconduct, negligence, or inat- owners of steamtention to his duties on such vessel, the life of any person is destroyed, whose miscon boats through and every owner, inspector, or other public officer, through whose fraud, duct, &c., life is connivance, misconduct, or violation of law, the life of any person is lost, guilty of destroyed, shall be deemed guilty of manslaughter, and, upon convic- manslaughter. tion thereof before any circuit court of the United States, shall be sentenced to confinement at hard labor for a period of not more than ten years. 28 Feb., 1871, 8. 57, v. 16, p. 456. SEC. 5345. Every person who, within any of the places or upon any Rape. of the waters specified in section fifty-three hundred and thirty-nine, commits the crime of rape shall suffer death. 3 March, 1825, s. 4, v. 4, p. 115. SEC. 5346. Every person who, upon the higlr seas, or in any arm of the sea, or in any river, haven, creek, basin, or bay, within the admiralty jurisdiction of the United States, and out of the jurisdiction of any particular State, on board any vessel belonging in whole or part to the United States, or any citizen thereof, with a dangerous weapon, or with intent to perpetrate any felony, commits an assault on another shall be punished by a fine of not more than three thousand dollars, and by imprisonment at hard labor not more than three years. Ibid., s. 22, p. 121. Assault with a dangerous weapon. Maltreatment of vessels. SEC. 5347. Every master or other officer of any American vessel on the high seas, or on any other waters within the admiralty and mari- of crew by officers time jurisdiction of the United States, who, from malice, hatred, or revenge, and without justifiable cause, beats, wounds, or imprisons any of the crew of such vessel, or withholds from them suitable food and nourishment, or inflicts upon them any cruel or unusual punishment, shall be punished by a fine of not more than one thousand dollars, or by imprisonment not more than five years, or by both. 3 March, 1835, s. 3, v. 4, p. 776. SEC. 5348. Every person who, within any of the places upon the land under the exclusive jurisdiction of the United States, or who, upon the high seas, in any vessel belonging to the United States, or to any citizen thereof, maliciously cuts off the car, cuts out or disables the tongue, puts out an eye, slits the nose, cuts off the nose or lip, or cuts off or disables any limb or member of any person, with intent to maim or disfigure such person, shall be imprisoned at hard labor not more than seven years, and fined not more than one thousand dollars. 30 April, 1790, s. 13, v. 1, p. 115. Title 70, Chap. 3. Misprision of SEC. 5390. Every person who, having knowledge of the actual commission of the crime of murder or other felony upon the high seas, or within any fort, arsenal, dock-yard, magazine, or other place or district felony. of country under the exclusive jurisdiction of the United States, conceals, and does not as soon as may be disclose and make known the same to some one of the judges or other persons in civil or military authority under the United States, is guilty of misprision of felony, and shall be imprisoned not more than three years, and fined not more than five hundred dollars. 30 April, 1790, s. 6, v. 1, p. 113. SEC. 5391. If any offense be committed in any place which has been Certain offenses or may hereafter be, ceded to and under the jurisdiction of the United committed in States, which offense is not prohibited, or the punishment thereof is not United States, places ceded to specially provided for, by any law of the United States, such offense how punished. shall be liable to, and receive, the same punishment as the laws of the State in which such place is situated, now in force, provide for the like offense when committed within the jurisdiction of such State; and no Title 15,Chap. 10. subsequent repeal of any such State law shall affect any prosecution for such offense in any court of the United States. 3 March, 1825, s. 3, v. 4. p. 115. 5 April, 1866, s. 2, v. 14, p. 13. MUTINY. SEC. 1624. ART. 4. The punishment of death, or such other punishMutiny in the ment as a court-martial may adjudge, may be inflicted on any person Navy. Title 70, Chap. 3. Inciting revolt in the naval service First. Who makes, or attempts to make, or unites with any mutiny or mutinous assembly, or, being witness to or present at any mutiny, does not do his utmost to suppress it; or, knowing of any mutinous assembly or of any intended mutiny, does not immediately communicate his knowledge to his superior or commanding officer; SEC. 5359. If any one of the crew of any American vessel on the high seas, or other waters within the admiralty and maritime jurisdiction of or mutiny on the United States, endeavors to make a revolt or mutiny on board such shipboard. vessel, or combines, conspires, or confederates with any other person on board to make such revolt or mutiny, or solicits, incites, or stirs up any other of the crew to disobey or resist the lawful orders of the master, or other officer of such vessel, or to refuse or neglect their proper duty on board thereof, or to betray their proper trust, or assembles with others in a tumultuous and mutinous manner, or makes a riot on board thereof, or unlawfully confines the master, or other commanding officer thereof, he shall be punished by a fine of not more than one thousand dollars, or by imprisonment not more than five years, or by both such fine and imprisonment. Revolt and mu board. 3 March, 1835, s. 2, v. 4, p. 776. 30 April, 1790, s. 12, v. 1, p. 115. SEC. 5360. If any one of the crew of an American vessel on the high tiny on ship seas, or on any other waters within the admiralty and maritime jurisdiction of the United States, unlawfully and with force, or by fraud, or intimidation, usurps the command of such vessel from the master or other lawful officer in command thereof, or deprives him of authority and command on board, or resists or prevents him in the free and lawful exercise thereof, or transfers such authority and command to another not lawfully entitled thereto, he is guilty of a revolt and mutiny, and shall be punished by a fine of not more than two thousand dollars, and by imprisonment at hard labor not more than ten years. 3 March, 1835, s. 1, v. 4, p. 775. NATURALIZATION-CITIZENSHIP. [See also EXPATRIATION.] Sec. 2165. Aliens, how naturalized. 2166. Aliens honorably discharged from military service. 2167. Minor residents. 2168. Widow and children of declarants. Title 30. Aliens, how naturalized. Sec. 2170. Residence of five years in United States. 2172. Children of persons naturalized under cer- NATURALIZATION. SEC. 2165. An alien may be admitted to become a citizen of the United States in the following manner, and not otherwise: First. He shall declare on oath, before a circuit or district court of Declaration of the United States, or a district or supreme court of the Territories, or intention. a court of record of any of the States having common-law jurisdiction, and a seal and clerk, two years, at least, prior to his admission, that it is his bona fide intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, and, particularly, by name, to the prince, potentate, state, or sovereignty of which the alien may be at the time a citizen or subject. [See CITIZENSHIP, post, as to Chinese.] 14 April, 1802, ss. 1, 3, v. 2, pp. 153, 155. 26 May, 1824, s. 4, v. 4, p. 69. 1 Feb., 1876, chap. 5, v. 19, p. 2. Second. He shall, at the time of his application to be admitted, de- Oath to support clare, on oath, before some one of the courts above specified, that he the Constitution of the United will support the Constitution of the United States, and that he abso- States. lutely and entirely renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty; and, particularly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court. Residence in Third. It shall be made to appear to the satisfaction of the court admitting such alien that he has resided within the United States five United States, or States, and good years at least, and within the State or Territory where such court is at moral character. the time held, one year at least; and that during that time he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same; but the oath of the applicant, shall in no case be allowed to prove his residence. Fourth. In case the alien applying to be admitted to citizenship has Titles of nobility borne any hereditary title, or been of any of the orders of nobility in to be renounced. the kingdom or state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility in the court to which his application is made, and his renunciation shall be recorded in the court. 14 April, 1802, s. 1, v. 2, p. 153. SEC. 2166. Any alien, of the age of twenty-one years and upward' Aliens honorwho has enlisted, or may enlist, in the armies of the United States, ably discharged from military either the regular or the volunteer forces, and has been, or may be hereservice. after, honorably discharged, shall be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become such; and he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen; and the court admitting such alien shall, in addition to such proof of residence and good moral character, as now provided by law, be satisfied by competent proof of such person's having been honorably discharged from the service of the United States. 17 July, 1862, s. 21, v. 12, p. 597. SEC. 2167. Any alien, being under the age of twenty-one years, who Minor residents has resided in the United States three years next preceding his arriving at that age, and who has continued to reside therein to the time he may make application to be admitted a citizen thereof, may, after he arrives at the age of twenty-one years, and after he has resided five years within the United States, including the three years of his minority, be admitted a citizen of the United States, without having made the declaration required in the first condition of section twenty-one hundred and sixty-five; but such alien shall make the declaration required therein at the time of his admission; and shall further declare, on oath, and prove to the satisfaction of the court, that, for two years next preceding, it has been his bona fide intention to become a citizen of the United States; and he shall in all other respects comply with the laws in regard to naturalization. 26 May, 1824, 8. 1, v. 4, p. 69. ants. SEC. 2168. When any alien, who has complied with the first con- Widow and chil dition specified in section twenty-one hundred and sixty-five, dies be- dren of declarfore he is actually naturalized, the widow and the children of such alien shall be considered as citizens of the United States, and shall be entitled to all rights and privileges as such, upon taking the oaths prescribed by law. 26 March, 1804, s. 2, v. 2, p. 293. SEC. 2170. No alien shall be admitted to become a citizen who has not for the continued term of five years next preceding his admission resided within the United States. 3 March, 1813, s. 12, v. 2, p. 811. SEC. 2171. No alien who is a native citizen or subject, or a denizen of any country, state, or sovereignty with which the United States are at war, at the time of his application, shall be then admitted to become a citizen of the United States; nor shall anything herein contained be taken or construed to interfere with or prevent the apprehen11181-17 Residence of five years in United States. Alien enemies not admitted. sion and removal, agreeably to law, of any alien enemy at any time previous to the actual naturalization of such alien. 14 April, 1802, s. 1, v. 2, p. 153. 30 July, 1813, chap. 36, v. 3, p. 53. Children of perSEC. 2172. The children of persons who have been duly naturalized sons naturalized under any law of the United States, or who, previous to the passing under certain of any law on that subject, by the Government of the United States, laws to be citi- may have become citizens of any one of the States, under the laws thereof, being under the age of twenty-one years at the time of the naturalization of their parents, shall, if dwelling in the United States, be considered as citizens thereof; * * ⭑ zens. Naturalization of seamen. 14 April, 1802, s. 4, v. 2, p. 155. SEC. 2174. Every seaman, being a foreigner, who declares his intention of becoming a citizen of the United States in any competent court, and shall have served three years on board of a merchant-vessel of the United States subsequent to the date of such declaration, may, on his application to any competent court, and the production of his certificate of discharge and good conduct during that time, together with the certificate of his declaration of intention to become a citizen, be admitted a citizen of the United States; and every seaman, being a foreigner, shall, after his declaration of intention to become a citizen of the United States, and after he shall have served such three years, be deemed a citizen of the United States for the purpose of manning and serving on board any merchant-vessel of the United States, anything to the contrary in any act of Congress notwithstanding; but such seaman shall, for all purposes of protection as an American cit izen, he deemed such, after the filing of his declaration of intention to become such citizen. 7 June, 1872, s. 29, v. 17, p, 268. CITIZENSHIP. Sec. 1992. Who are citizens. 1993. Citizenship of children of citizens born abroad. 1994. Citizenship of married women. Title 25. Sec. 1996. Rights as citizens forfeited for desertion, &c. 1997. Certain soldiers and sailors not to incur the forfeitures of the last section. Immigration of certain classes prohibited. SEC. 1992. All persons born in the United States and not subject to Who are citi. any foreign power, excluding Indians not taxed, are declared to be cit izens of the United States. zens. May 6, 1882. Chinese excepted. Title 25. 9 April, 1866, s. 1, v. 14, p. 27. Hereafter no State court or court of the United States shall admit Chinese to citizenship; and all laws in conflict with this act are hereby repealed. 6 May, 1882, s. 14, v. 22, p. 61. SEC. 1993. All children heretofore born or hereafter born out of the Citizenship of limits and jurisdiction of the United States, whose fathers were or may children of citi. be at the time of their birth citizens thereof, are declared to be citizens zens born abroad. of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States. Citizenship of 14 April, 1802, s. 4, v. 2, p. 155. 10 Feb., 1855, s. 1, v. 10, p. 604. SEC. 1994. Any woman who is now or may hereafter be married to a married women. citizen of the United States, and who might herself be lawfully natur alized, shall be deemed a citizen. 10 Feb., 1855, s. 2, v. 10, p. 604. Rights as citi- SEC. 1996. All persons who deserted the military or naval service of zens forfeited for the United States and did not return thereto or report themselves to a desertion, &c. provost-marshal within sixty days after the issuance of the proclamaton by the President, dated the 11th day of March, 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship as well as their right to become citizens; and such deserters shall be forever incapable of holding any office of trust or pront under the United States, or of exercising any rights of citizens thereof. 3 March, 1865, s. 21, v. 13, p. 490. |