Penalty for receiving persons on board to be sold as slaves. Seizure of vessels engaged in the slave-trade. Proceeds of sels, how distributed. age, be forfeited; one moiety to the United States, and the other to the use of the person who sues for and prosecutes the forfeiture to effect. [See § 5378, 5379.] 20 April, 1818, s. 4, v. 3, p. 451. 10 May, 1800, s. 4, v. 2, p. 71. SEC. 5554. If any citizen of the United States takes on board, receives, or transports any negro, mulatto, or person of color, for the purpose of selling such person as a slave, he shall, in addition to the forfeiture of the vessel, pay for each person, so received on board or transported, the sum of two hundred dollars, to be recovered in any court of the United States; the one moiety thereof to the use of the United States, and the other moiety to the use of the person who sues for and prosecutes the same to effect. 22 March, 1794, s. 4, v. 1, p. 349. SEC. 5557. The President is authorized, when he deems it expedient, to man and employ any of the armed vessels of the United States to cruise wherever he may judge attempts are making to carry on the slave trade, by citizens or residents of the United States, in contravention of laws prohibitory of the same; and, in such case, he shall instruct the commanders of such armed vessels to seize, take, and bring into any port of the United States, to be proceeded against according to law, all American vessels, wheresoever found, which may have on board or which may be intended for the purpose of taking on board, or of transporting, or may have transported any negro, mulatto, or person of color, in violation of the provisions of any act of Congress prohibiting the traffic in slaves. 10 May, 1800, s. 4, v. 2, p. 71. SEC. 5558. The proceeds of all vessels, their tackle, apparel, and furcondemned ves-niture, and the goods and effects on board of them, which are so seized, prosecuted, and condemned, shall be divided equally between the United States and the officers and men who seize, take, or bring the same into port for condemnation, whether such seizure be made by an armed vessel of the United States or revenue cutter thereof; and the same shall be distributed as is provided by law for the distribution of prizes taken from an enemy. sels. Ibid. Disposal of per- SEC. 5559. The officers and men, to be entitled to one-half of the prosons found on ceeds mentioned in the last section, shall safely keep every negro, muboard seized ves- latto, or person of color, found on board of any vessel so seized, taken, or brought into port, for condemnation, and shall deliver every such negro, mulatto, or person of color, to the marshal of the district into which he may be brought, if into a port of the United States, or if elsewhere, to such person as may be lawfully appointed by the President, in the manner directed by law; transmitting to the President, as soon as may be after such delivery, a descriptive list of such negroes, mulattoes, or persons of color, in order that he may give directions for the disposal of them. Apprehension crew. 3 March, 1819, s. 1, v. 3, p. 532. SEC. 5560. The commanders of such commissioned vessels shall cause of officers and to be apprehended, and taken into custody, every person found on board of such offending vessel, so seized and taken, being of the officers or crew thereof, and him convey, as soon as conveniently may be, to the civil authority of the United States, to be proceeded against in due course Removal of per8ons delivered from seized vessels. of law. Ibid, and 10 May, 1800, s. 4, v. 2. p. 71. SEC. 5561. The President is authorized to make such regulations and arrangements as he may deem expedient for the safe-keeping, support, and removal beyond the limits of the United States, of all such negroes mulattoes, or persons of color, as may be delivered and brought within their jurisdiction; and to appoint a proper person residing upon the coast of Africa as agent, for receiving the negroes, mulattoes, or persons of color delivered from on board vessels seized in the prosecution of the slave-trade, by commanders of United States armed vessels. 3 March, 1819, s. 2, v. 3, p. 533. SEC. 5562. A bounty of twenty-five dollars shall be paid to the officers Bounty. and crews of the commissioned vessels of the United States, or revenuecutters, for each negro, mulatto, or person of color, who may be, as herein before provided, delivered to the marshal or agent duly appointed to receive such person; and the Secretary of the Treasury is required to pay, or cause to be paid, to such officers and crews, or their agent, such bounty for each person so delivered. Ibid., s. 3. SEC. 5563. It shall be the duty of the commander of any armed vessel of the United States, whenever he makes any capture under the preceding provisions, to bring the vessel and her cargo, for adjudication, into some of the ports of the State or Territory to which such vessel so captured may belong, if he can ascertain the same; if not, then to be sent into any convenient port of the United States. Ibid., 8.5. To what port captured vessels sent. When owners SEC. 5564. Every owner, master, or factor of any foreign vessel, clearing out for any of the coasts or kingdoms of Africa, or suspected to be of foreign vessel: intended for the slave-trade, and the suspicion being declared to the shall give bond. officer of the customs by any citizen, ou oath, and such information being to the satisfaction of the officer, shall first give bond, with sufficient sureties, to the Treasurer of the United States, that none of the natives of Africa, or any other foreign country or place, shall be taken on board such vessel, to be transported or sold as slaves, in any other foreign port or place whatever, within nine months thereafter. 22 March, 1794, s. 3, v. 1, p. 349. SEC. 5565. The forfeitures which may hereafter be incurred under any Distribution of of the preceding provisions, and which are not otherwise expressly dis- penalties. posed of, shall accrue and be one moiety thereof to the use of the informer, and the other moiety to the use of the United States, except where the prosecution is first instituted on behalf of the United States, in which case the whole shall be to their use. 10 May, 1800, s. 7, v. 2, p. 71. SEC. 5566. It may be lawful for the President to enter into contract Contracts for with any person, society, or body-corporate, for a term not exceeding reception in Africa of persons five years, to receive from the United States, through their duly con- delivered from stituted agent upon the coast of Africa, all negroes, mulattoes, or per- seized vessels. sons of color, delivered from on board vessels seized in the prosecution of the slave-trade, by commanders of the United States arnied vessels, and to provide such negroes, mulattoes, and persons of color with comfortable clothing, shelter, and provisions, for a period not exceeding one year from the date of their being landed on the coast of Africa, at a price in no case to exceed one hundred dollars for each person so clothed, sheltered, and provided with food; and any contract so made may be renewed by the President from time to time as found necessary, for periods not to exceed five years on each renewal. 16 June, 1860, s. 1, v. 12, p. 40. Instructions to armed vessels. SEC. 5567. The President is authorized to issue instructions to the commanders of the armed vessels of the United States, directing them, when- commanders of ever it is practicable, and under such rules and regulations as he may prescribe, to proceed directly to the coast of Africa, and there hand over to the agent of the United States all negroes, mulattoes, and persons of color delivered from on board vessels seized in the prosecution of the slave-trade; and they shall afterward bring the captured vessels and persons engaged in prosecuting such trade to the United States for trial and adjudication. Ibid., s. 2, p. 41. Contracts for persons deliver. SEC. 5568. It may be lawful for the President to enter into arrangement, by contract or otherwise, with one or more foreign governments reception, &c., in having possessions in the West Indies or other tropical regions, or with West Indies, of their duly constituted agent, to receive from the United States, for a term ed from seized not exceeding five years, at such place as may be agreed upon, all negroes, vessels. mulattoes, or persons of color, delivered from on board vessels seized in the prosecution of the slave-trade, by commanders of United States armed vessels, and to provide them with suitable instruction, and with comfortable clothing and shelter, and to employ them, at wages, under such regulations as may be agreed upon, for a period not exceeding five years from the date of their being landed at the place agreed upon. But 11181-20 Instructions to armed vessels. the United States shall incur no expenses on account of such negroes, mulattoes, or persons of color, after having landed them at the place agreed upon. And any arrangement so made may be renewed by the President from time to time, as may be found necessary, for periods not exceeding five years on each renewal. 17 July, 1862, s. 1, v. 12, p. 592. SEC. 5569. The President is authorized to issue instructions to the commanders of commanders of the armed vessels of the United States, directing them, whenever it is practicable, and under such regulations as he may prescribe, to proceed directly to such place as shall have been agreed upon with any foreign government, or its duly constituted agent, under the provisions of the preceding section, and there deliver to the duly constituted authorities or agents of such foreign government all negroes, mulattoes, or persons of color, taken from on board vessels seized in the prosecution of the slave trade; and they shall afterward bring the vessel and persons engaged in prosecuting such trade to the United States for trial and adjudication. [See §§ 2158.] Ibid., s. 2. TREASON, REBELLION, CONSPIRACY, AND INSURRECTION. Sec. 1642. Militia to be called out. 1643. Apportioned among States. 1644. Subject to rules of war. -. Arms to be furnished. 1033. Copy of indictment, &c., to be furnished. 2111. Sending seditious messages; penalty. 5297. Insurrection against a State government. 5299. Power to suppress insurrection in violation of civil rights. 5300. Proclamation to insurgents to disperse. 5331. Treason. 5332. Punishment of treason. Title 16. invasion. SEC. 1642. Whenever the United States are invaded, or are in immiOrders of Pres. nent danger of invasion from any foreign nation or Indian tribe, or of ident in case of rebellion against the authority of the Government of the United States, it shall be lawful for the President to call forth such number of the militia of the State or States, most convenient to the place of danger, or scene of action, as he may deem necessary to repel such invasion, or to suppress such rebellion, and to issue his orders for that purpose to such officers of the militia as he may think proper. Militia, how apportioned. Subject to rules of war. March 3, 1879. nished for protec 28 Feb., 1795, s. 1, v. 1, p. 424. SEC. 1643. When the militia of more than one State is called into the actual service of the United States by the President, he shall apportion them among such States according to representative population. 17 July, 1862, s. 1, v. 12, p. 597. SEC. 1644. The militia, when called into the actual service of the United States for the suppression of rebellion against and resistance to the laws of the United States, shall be subject to the same rules and articles of war as the regular troops of the United States. 28 Feb., 1795, s. 4, v. 1, p. 424. 29 July, 1861, s. 3, v. 12, p. 282. That upon the request of the head of any Department, the Secretary of War be, and he hereby is, authorized and directed to issue arms and Arms to be fur- ammunition whenever they may be required for the protection of the tion of public public money and property, and they may be delivered to any officer of the Department designated by the head of such Department, to be accounted for to the Secretary of War, and to be returned when the necessity for their use has expired. property. 3 March, 1879, chap 183. v. 20, p. 410. NOTE.- The President's proclamation, Aug. 20, 1866, 14 Stat., 817, was an authoritative 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 of 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. SEC. 1033. When any person is indicted of treason, a copy of the Title 13, Chap. 18. indictment and a list of the jury, and of the witnesses to be produced on the trial for proving the indictment, stating the place of abode of ment and list of Copy of indicteach juror and witness, shall be delivered to him at least three entire jurors and wit days before he is tried for the same. When any person is indicted of nesses. 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. 30 April, 1790, s. 29, v. 1, p. 118. crimes entitled SEC. 1034. Every person who is indicted of treason, or other capital Persons indictcrime, shall be allowed to make his full defense by counsel learned in ed for capital the law; and the court before which he is tried, or some judge thereof, to counsel and to shall immediately, upon his request, assign to him such counsel, not compel witnessexceeding two, as he may desire, and they shall have free access to him es. 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 prosecution. Idem. SEC. 2111. Every person who sends any talk, speech, message, or let- Title 28, Chap. 3. ter to any Indian nation, tribe, chief, or individual, with an intent to Sending sedi. produce a contravention or infraction of any treaty or law of the United tious messages; States, or to disturb the peace and tranquility of the United States, is penalty. liable to a penalty of two thousand dollars. 30 June, 1834, s. 13, v. 4, p. 731. tious messages; penalty. SEC. 2112. Every person who carries or delivers any talk, message, Carrying sedi speech, or letter, intended to produce a contravention 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. Idem., s. 14. tions, to excite SEC. 2113. Every person who carries on a correspondence, by letter Correspondence or otherwise, with any foreign nation or power, with an intent to induce with foreign na such foreign nation or power to excite any Indian nation, tribe, chief, Indians to war; or individual, to war against the United States, or to the violation of penalty. 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. [See § 5335] Idem, s. 15. SEC. 5297. In case of an insurrection in any State against the government thereof, it shall be lawful for the President, on application of Title 69. Insurrection the legislature of such State, or of the executive, when the legislature against a State cannot be convened, to call forth such number of the militia of any government. 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. 28 Feb., 1795, s. 1, v. 1, p. 421. 3 March, 1807, v. 2, p. 443. ernment of the SEC. 5298. Whenever, by reason of unlawful obstructions, combina- Insurrection tions, or assemblages of persons, or rebellion against the authority of against the Govthe Government of the United States, it shall become impracticable, in United States. 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. 29 July 1861, s. 1, v. 12, p. 281. Power to sup tion in violation of civil rights. SEC. 5299. Whenever insurrection, domestic violence, unlawful compress insurrec binations, 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 aud 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 20 April, 1871, s. 3, v. 17, p. 14. SEC. 5300. Whenever, in the judgment of the President, it becomes to insurgents to necessary to use the military forces under this Title, the President shall disperse. forthwith, by proclamation, command the insurgents to disperse and retire peaceably to their respective abodes, within a limited time. Title 70, Chap. 2. Treason. Punishment of treason. Misprision of treason. tion. 29 July, 1861, s. 2, v. 12, p. 282. 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. 30 April, 1790, s. 1, v. 1., p. 112. SEC. 5332. Every person guilty of treason shall suffer death; or, at the discretion of the court, shall be imprisoned at hard labor for not less than five years, and fined 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. 17 July, 1862, ss. 1, 3, v. 12, p. 589. 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 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. 30 April, 1790, s. 2, v. 1, p, 112. Inciting or en- SEC. 5334. Every person who incites, sets on foot, assists, or engages gaging in rebel- in any rebellion or insurrection against the authority of the United lion or insurrec- States, or the laws thereof, or gives aid or comfort thereto, shall be punished by imprisonment 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. [See §§ 5297.] Criminal corre. ments. 17 July, 1862, s. 2, v. 12, p. 590. SEC. 5335. Every citizen of the United States, whether actually resispondence with dent or abiding within the same, or in any foreign country, who, withforeign governout the permission or authority of the Government, directly or indirectly, commences or carries on any verbal or written correspondence or intercourse with any foreign government, or any officer or agent 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 |