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SECTION V.

Of Offences relating to the Currency of the United States.

Forging or uttering gold and silver Jurisdiction of offences reserved coin of U. S., or foreign coin

to states

2620 current in U. S.-punishment for 2616 Counterfeiting notes of bank of Counterfeiting, or uttering coun. U. S.-uttering such counterterfeit copper coin 2617 feit notes

2621 Debasing gold or silver coin at the

Engraving or possessing countermint-embezzling, &c.

2618 feit plate, or having bank note Scaling or lightening gold and sil. or paper, with intent to forge ver coin of U.S., or current fo.

such bank note

2622 reign coin

2619

Art. 2616. If any person or persons shall falsely make, forge, or coun. terfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly aid or assist in falsely making, forging, or counterfeiting any coin, in the resemblance or similitude of the gold or silver coin which has been or hereafter may be coined at the mint of the United States; or in the resem. blance or similitude of any foreign gold or silver coin which by law now is or hereafter may be made current in the United States ; or shall pass, utter, publish, or sell, or attempt to pass, utter, publish or sell, or bring into the United States, from any foreign place, with intent to pass, utter, publish, or sell as true, any such false, forged, or counterfeited coin, knowing the same to be false, forged or counterfeited, with intent to defraud any body politic, or corporate, or any other person or persons whatsoever ; every person so offending, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine not exceeding five thousand dollars, and by imprisonment and confinement to hard labour, not exceeding ten years, according to the aggravation of the offence.(1)

2617. If any person or persons shall falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or willingly aid or assist in falsely making, forging, or counterfeiting any coin in the resemblance or similitude of any copper coin which has been or hereafter may be coined at the mint of the United States; or shall pass, utter, publish, or sell, or attempt to pass, utter, publish or sell, or bring into the United States, from any foreign place, with intent to pass, utter, publish, or sell, as true, any such false, forged, or counterfeited coin, with intent to defraud any body politic or corporate, or any other person or persons whatsoever ; every per. son so offending, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine, not exceeding one thousand dollars, and by imprisonment and confinement to hard labour, not exceeding three years.(2)

2618. If any of the gold or silver coins which shall be struck or coined at the mint of the United States, shall be debased or made worse, as to the proportion of fine gold or fine silver therein contained, or shall be of less weight or value than the same ought to be, pursuant to the several acts relative thereto, through the default or with the connivance of any of the offi. cers or persons who shall be employed at the said mint, for the purpose of profit or gain, or otherwise, with a fraudulent intent, and if any of the said officers or persons shall embezzle any of the metals which shall at any time be committed to their charge for the purpose of being coined, or any of the coins which shall be struck or coined at the said mint, every such officer or person who shall commit any or either of the said offences, shall be deemed

(1) Act 3d March, 1825, sec. 20.- (2) Act 3d March, 1825, sec. 21. 21st April, 1806, sec. 1, 2.

guilty of felony, and shall be sentenced to imprisonment and hard labour for a term not less than one year, nor more than ten years, and shall be fined in a sum not exceeding ten thousand dollars.(1)

2619. If any person shall fraudulently and for gain's sake, by any art, way, or means, whatsoever, impair, diminish, falsify, scale, or lighten, the gold or silver coins which have been or which shall hereafter be coined at the mint of the United States, or of any foreign gold or silver coins which are by law made current, or are in actual use and circulation as money, within the United States, such person so offending, shall be deemed guilty of a high misdemeanor, and shall be imprisoned not exceeding two years, and fined not exceeding two thousand dollars.(2)

2620. Nothing in the act (April 21st, 1806,) contained shall be construed to deprive the courts of the individual states of jurisdiction, under the laws of the several states, over offences made punishable by that act.(3)

2621. If any person shall falsely make, forge or counterfeit, or cause or procure to be falsely made, forged or counterfeited, or willingly aid or assist in falsely making, forging or counterfeiting any bill or note in imitation of or purporting to be a bill or note issued by order of the president, directors and company of the bank of the United States, or any order or check on the said bank or corporation, or any cashier thereof; or shall falsely alter, or cause or procure to be falsely altered, or willingly aid or assist in falsely altering any bill or note issued by order of the president, directors and company of the said bank, or any order or check on the said bank or corporation, or any cashier thereof; or shall pass, utter, or publish, or attempt to pass, utter, or publish, as true, any false, forged or counterfeited bill or note, purporting to be a bill or note issued by order of the president, directors and company of the said bank, or any false, forged or counterfeited order or check upon the said bank or corporation, or any cashier thereof, knowing the same to be falsely forged or counterfeited; or shall pass, utter, or publish, or attempt to pass, utter, or publish, as true, any falsely altered bill or note issued by order of the president, directors and company of the said bank, or any falsely altered order or check on the said bank or corporation, or any cashier thereof, knowing the same to be falsely altered with intention to defraud the said corporation or any other body politic or person ; or shall sell, utter, or deliver, or cause to be sold, uttered, or delivered, any forged or counterfeit note or bill, in imitation, or purporting to be a bill or note issued by order of the president and directors of the said bank, knowing the same to be false, forged or counterfeited ; every such person shall be deemed and adjudged guilty of felony, and being thereof convicted by due course of law, shall be sentenced to be imprisoned and kept to hard labour for not less than three years, nor more than ten years, or shall be imprisoned not exceeding ten years, and fined not exceeding five thousand dollars: Provided, That nothing herein contained shall be construed to deprive the courts of the individual states, of a jurisdiction under the laws of the several states, over any offence declared punishable by this act.(4)

2622. If any person shall make or engrave, or cause or procure to be made or engraved, or shall have in his custody or possession, any metallic plate, engraved after the similitude of any plate from which any notes or bills, issued by the said corporation, shall have been printed, with intent to use such plate, or to cause or suffer the same to be used in forging or coun. terfeiting any of the notes or bills issued by the said corporation; or shall

(1) Act 3d March, 1825, sec. 24. (2) Act 21st April, 1806, sec. 3.

(3) Ibid. sec. 4.
(4) Act 10th April, 1816, sec. 18.

have in his custody or possession, any blank note or notes, bill or bills, en. graved and printed after the similitude of any notes or bills issued by said corporation, with intent to use such blanks, or cause or suffer the same to be used in forging or counterfeiting any of the notes or bills issued by the said corporation ; or shall have in his custody or possession, any paper adapted to the making of blank notes or bills, and similar to the paper upon which any notes or bills of the said corporation shall have been issued, with intent to use such paper, or cause or suffer the same to be used in forging or counterfeiting any of the notes or bills issued by the said corporation, every such person being thereof convicted by due course of law, shall be sentenced to ibe imprisoned and kept to hard labour, for a term not exceeding five years, or shall be imprisoned for a term not exceeding five years, and fined in a sum not exceeding one thousand dollars.(1)

SECTION VI.

Of Offences in hinderance of Justice.

Bribery of judge of U. S.
Obstructing service of process
Rescuing criminals, &c.

2623 Extortion by judicial officers 2626 2624 Corrupting, influencing, &c. juror 2627 2625

ART. 2623. If any person shall, directly or indirectly, give any sum of money or other bribe, present, or reward, or any promise, contract, obliga. tion or security, for the payment or delivery of any money, present, or reward, or any other thing, to obtain or procure the opinion, judgment or de. cree of any judge of the United States, in any suit, controversy, matter or cause depending before him or them, and shall be thereof convicted, such person so giving, promising, contracting, or securing to be given, paid or de livered, any sum of money, present, or other bribes as aforesaid, and the judge who shall in any wise accept or receive the same, on conviction thereof shall be fined and imprisoned at the discretion of the court, and shall for ever be disqualified to hold any office of honour, trust or profit under the United States.(2)

2624. If any person shall knowingly or wilfully obstruct, resist or oppose any officer of the United States, in serving or attempting to serve or execute any mesne process, or warrant, or any rule or order of any of the courts of the United States, or any other legal or judicial writ or process whatsoever, or shall assault, beat, or wound any officer, or other person duly authorized, in serving or executing any writ, rule, order, process or warrant aforesaid, such person shall, on conviction, be imprisoned not exceeding twelve months, and fined not exceeding three hundred dollars.(3)

2625. If any person shall by force set at liberty, or rescue any person found guilty of treason, murder, or other capital crime, or rescue any person convicted of any of the said crimes, going to execution, or during execution, every person so offending, and being thereof convicted, shall suffer death: And if any person shall by force set at liberty, or rescue any person who, before conviction, shall stand committed for any of the capital offences afore. said: or if any person or persons shall by force set at liberty, or rescue any person committed for or convicted of any other offence against the United

(1) Act 10th April, 1816, sec. 19. (2) Act 30th April, 1790, sec. 21.

(3) Ibid. sec. 22.-See U. S. y. Lowry, 2 Wash. C. C. Rep. 160.-U. S. v. Lu. kens, 3 Wash. c. C. Rep. 335.

States, every person so offending, shall, on conviction thereof, be fined not exceeding five hundred dollars, and imprisoned not exceeding one year.(1)

2626. See article 621.

2627. If any person or persons shall corruptly, or by threats, or force, endeavour to influence, intimidate, or impede any juror, witness, or officer, in any court of the United States, in the discharge of his duty, or shall, corruptly, or by threats or force, obstruct, or impede, or endeavour to obstruct or impede, the due administration of justice therein, every person or persons so offending, shall be liable to prosecution therefor, by indictment, and shall, on conviction thereof, be punished, by fine not exceeding five hundred dol. Jars, or by imprisonment, not exceeding three months, or both, according to the nature and aggravation of the offence.(2)

SECTION VII.

Of Offences against National Law.

Writs, &c. against foreign ministers Persons suing forth and executing

and their servants, &c. declared such writ, how punished 2629 void

2628 Violating passport, assaulting, &c. ambassador

2630

ART. 2628. If any writ or process shall any time hereafter be sued forth or prosecuted by any person or persons, in any of the courts of the United States, or in any of the courts of a particular state, or by any judge or jus. tice therein respectively, whereby the person of any ambassador or other public minister of any foreign prince or state, authorized and received as such by the president of the United States, or any domestic or domestic ser. vant of any such ambassador or other public minister, may be arrested or imprisoned, or his or their chattels be distrained, seized or attached, such writ or process shall be deemed and adjudged to be utterly null and void to all intents, construction and purposes whatsoever.(3)

2629. In case any person shall sue forth or prosecute any such writ or process, such person, and all attorneys and solicitors prosecuting or soliciting in such case, and all officers executing any such writ or process, being thereof convicted, shall be deemed violators of the laws of nations, and disturbers of the public repose, and imprisoned not exceeding three years, and fined at the discretion of the court : Provided, nevertheless, That no citizen or inhabi. tant of the United States, who shall have contracted debts prior to his entering into the service of any ambassador or other public minister, which debt shall be still due and unpaid, shall have, take, or receive any benefit of this act, nor shall any person be proceeded against by virtue of this act, for having arrested or sued any other domestic servant of any ambassador or other public minister, unless the name of such servant be first registered in the office of the secretary of state, and by such secretary transmitted to the marshal of the district in which congress shall reside, who shall, upon receipt thereof, affix the same in some public place in his office, whereto all persons may resort and take copies without fee or reward.(4)

2630. If any person shall violate any safe conduct or passport duly ob tained and issued under the authority of the United States, or shall assault, strike, wound, imprison, or in any other manner infract the law of nations, by offering violence to the person of an ambassador or other minister, such

(1) Act 30th April, 1790, sec. 23. (2) Act 28 March, 1831, sec. 2.

Act 30th April, 1790, sec. 25.
Ibid. sec. 26.

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person so offending, on conviction, shall be imprisoned not exceeding three years, and fined at the discretion of the court.(i)*

SECTION VIII.

Of Larceny and Embezzlement of Public Property.

Art. 2631. If any person having the charge or custody of any arms, ordnance, munition, shot, powder, or habiliments of war belonging to the United States, or of victuals provided for the victualling of soldiers, gunners, marines, or pioneers, shall, for any lucre or gain, or wittingly, advisedly, and of purpose to hinder or impede the service of the United States, embezzle, purloin, or convey away any of the said arms, ordnance, munition, shot or powder, habiliments of war, or victuals, then and in every of the cases aforesaid, the person or persons so offending, their counsellors, aiders, and abettors, (knowing of and privy to the offences aforesaid) shall, on conviction, be fined not exceeding the four-fold value of the property so stolen, embezzled, or purloined ; the one moiety to be paid to the United States, and the other moiety to the informer and prosecutor, and be publicly whipped, not exceeding thirty-nine stripes.(2)

SECTION IX.

Of Bribery.

ART. 2632. If any person shall, directly or indirectly, give any sum or sums of money, or any other bribe, present, or reward, or any promise, contract, obligation, or security, for the payment or delivery of any money, present or reward, or any thing to obtain or procure the opinion, vote, or interest, of the president of the bank of the United States, or either of the directors thereof, or the president or director of either of the branches of the said bank, in any election, question, matter, or thing, which shall come before the said president and directors for decision, in relation to the interest and management of the business of the said bank, and shall be thereof convicted, such person or persons so giving, promising, contracting, or securing to be given, paid, or delivered, any sum or sums of money, present, reward,

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* A certificate by the secretary of state, under seal of office, that a person has been recognised by the department of state as a foreign minister, is full evidence that he has been authorized and received as such by the president.

Any person executing process on a foreign minister, is to be deemed an officer under the 26th section of the act of 1790. To support an indictment under this law, it is not necessary that the defendant should know the person arrested to be a foreign minister.

A foreign minister cannot waive his privileges or immunities, his submission or consent to an arrest is no justification.

An assault committed by him may be repelled in self-defence, but does not justify an arrest or process.

An indictment under the 27th sec. act. 1790, need not state the offence to be committed by an officer. It is sufficient to state, that the person on whom it was committed was a public minister, without stating that he had been authorized and received as such by the president. This section applies to all public ministers.

An attaché to a foreign legation is a public minister within the act of congressUnited States v. Benner, 1 Bald. 234.

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