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or other bribe, as aforesaid, and the president or director 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 trust or profit under the said corporation, and shall also for ever be disqualified to hold any office of honour, trust, or profit, under the United States.(1)

See articles 1990 and 2623.

SECTION X.

Of Perjury.

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Art. 2633. If any person shall wilfully and corruptly commit perjury, or shall by any means procure any person to commit corrupt and wilful perjury, on his or her oath or affirmation, in any suit, controversy, matter, or cause, depending in any of the courts of the United States, or in any deposition taken pursuant to the laws of the United States, every person so offending, and being thereof convicted, shall be imprisoned not exceeding three years, and fined not exceeding eight hundred dollars; and shall stand in the pillory for one hour, and be thereafter rendered incapable of giving testimony in any of the courts of the United States, until such time as the judgment so given against the said offender shall be reversed.(2)

If any person, in any case, matter, hearing, or other proceeding, when an oath or affirmation shall be required to be taken or administered under or by any law or laws of the United States, shall, upon the taking of such oath or affirmation, knowingly and willingly swear or affirm falsely, every person so offending, shall be deemed guilty of perjury, and shall, on conviction there. of, be punished by fine, not exceeding two thousand dollars, and by imprison. ment and confinement to hard labour, not exceeding five years, according to the aggravation of the offence. And if any person or persons shall knowingly or willingly procure any such perjury to be committed, every person so offending shall be deemed guilty of subornation of perjury, and shall, on conviction thereof, be punished by fine, not exceeding two thousand dollars, and by imprisonment and confinement to hard labour, not exceeding five years, according to the aggravation of the offence.(3)

See articles 32, 1990, 2191.

If any person shall swear or affirm falsely, touching the expenditure of public money, or in support of any claim against the United States, he or she shall, upon conviction thereof, suffer as for wilful and corrupt perjury.(4)*

(1) Act 3d March, 1819, sec. 4.
(2) Act 30th April, 1790, sec. 18.

(3) Act 3d March, 1825, sec. 13.
(4) Act 1st March, 1823, sec. 3.

• This section does not create or punish the crime of perjury, technically con, sidered, but creates a new and substantial offence of false swearing, and punishes it in the same manner as perjury. The oath, therefore, need not be administered in a judicial proceeding, or in a case of which the state magistrate, under the state laws, had jurisdiction, so as to make the false swearing perjury. It would be sufficient, that it might be lawfully administered by the magistrate and was not in violation of his official duty.-United States v. Bailey, 9 Peters, 239.

62 *

SECTION XI.

Of Extortion.

ART. 2634. If any officer of the United States shall be guilty of extortion, under or by colour of his office, every person so offending shall, on conviction thereof, be punished by fine, not exceeding five hundred dollars, or by imprisonment, not exceeding one year, according to the aggravation of the offence.(1)

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Art. 2635. If any person commit, upon the high seas, or in any river, haven, basin, or bay, out of the jurisdiction of any particular state, murder or robbery, or any other offence, which, if committed within the body of a county, would, by the laws of the United States, be punishable with death; or if any captain or mariner of any vessel, shall piratically and feloniously run away with such vessel, or any goods or merchandise to the value of fifty dollars, or yield up such vessel voluntarily to a pirate; or if any seaman shall Jay violent hands upon nis commander, thereby to hinder and prevent his fighting in defence of his ship, or goods committed to his trust, or shall make a revolt in the ship,* every such offender shall be deemed, taken, and adjudged to be a pirate and felon, and being thereof convicted, shall suffer death; and the trial of crimes committed on the high seas, or in any place out of the

(1) Act 3d March, 1825, sec. 12.

• The punishment of death is no longer denounced against making a revolt in the ship. See 1st section, act 3d March, 1835.

jurisdiction of any particular state, shall be in the district where the offender is apprehended, or into which he may be brought.*(1)

(1) Act April 30th, 1790. sec. 8.

• This section is not repealed by the act 3d March, 1819.45 Wheat. 184.

The words “high seas” in the preceding article comprehend an open road. stead, though vessels lie in it under the shelter of the land, at a season when the course of the wind is invariable ; and also any waters on the sea-coast, without the boundaries of low-water mark, though such waters be in a roadstead or bay, within the jurisdictional limits of a foreign government :- United States v. Griffin et al., 5 Wheat. 204, 206. United States v. Ross, 1 Gall. 624. United States v. Smith, Mason, 147,-and throwing one overboard and drowning him, or shooting him. whilst in the sea, is murder upon the “high seas.”—United States v. Holmes, 5 Wheat. 418. United States v. Ross, 1 Gal. 624.

Piratical murder committed from on board an American vessel by a mariner sail. ing on board such vessel, by a foreigner on a foreigner, in a foreign vessel, is within the act of the 30th April, one thousand seven hundred and ninety ;-United States v. Holmes, 5 Wheat. 418. United States v. Furlong, 5 Wheat. 203,-(article 2635,). and the United States' courts have jurisdiction under the same act, of murder or robbery committed on the high seas, on board a vessel having no national character, but held by pirates or persons not sailing lawfully under the flag of any foreign nation.

So the jurisdiction of the courts alike attaches whether such offence be committed on board a foreign vessel, by a citizen of the United States, or on board a vessel of the United States, by a foreigner, or by a citizen or foreigner on board a pirati. cal vessel.-United States v. Holmes, 5 Wheat. 418.

Article 2635 extends to all persons on board all vessels which throw off their na. tional character by cruising piratically, and committing piracy on other vessels.United States v. Furlong, 5 Wheat. 152, 184, 192.

But piracies committed upon land, or within waters over which any particular state of the United States has jurisdiction, are not within the jurisdiction of the United States' courts.-United States v. Holmes, 5 Wheat. 418. Ex parte Bolman & Swartwout, 4 Cranch, 75.

The word “robbery” is to be understood in the sense in which it is defined at common law, and though that offence committed on land be not punishable by the laws of the United States with death, yet, on the sea, it is piracy, and punishable by death.—United States v. Palmer, 3 Wheat. 630.

But robbery or murder, committed on the high seas, on board a vessel, the property of subjects of a foreign state, on one, the subject of a foreign state, is not piracy.-United States v. Palmer, 3 Wheat. 633, 631. See United States v. Kessler, i Bald. 15, where the cases on this subject are reviewed.

If one, acting under a commission from a government unrecognized, make a capture non jure belli, but with the design of robbery, he is guilty of piracy.-United States v. Klintock, 5 Wheat. 151. United States v. Holmes, 5'Wheat. 416.—A bel. ligerent character may be put off and a piratical one assumed, even under the most unquestionable commission._United States v. Pirates, 5 Wheat, 502. United States v. Jones, before Washington, J. and Peters, D. J.

If there be a civil war in a foreign nation, and part of such nation erect a distinct and separate government, and the United States recognize the existence of a civil war, our courts do not consider as criminal the hostile acts directed against the enemy by the new government.—United States v. Palmer, 3 Wheat. 643.-Each party is deemed a belligerent nation,-The Santissima Trinidad, 7 Wheat, 337-and persons or vessels employed by such government, may prove their employment by like testimony as persons or vessels employed by an acknowledged state." Yet if it do not appear, by any legal proof, that a privateer had a commission, and ship's papers or documents from such government, or that she was recognized as a ship of such nation, or who were the owners, or where they resided, or when or where she was armed, the captain and crew being of different nations, and the privateer foreign built, the burthen of proof of the national character of the vessel, on board of which the offence of piracy was committed, lies upon the defendants.—The Santissima Trinidad, 7 Wheat. 335.

The piratically and feloniously running away with a ship, forbidden in article 2635. is with the felonious intent to convert her to the taker's use, and make her his property against the will of the owner. It is not necessary that any force, violence, or putting in fear, should be used.—United States v. Tully and Dalton, i Gal. 247.

2636. If any citizen shall commit any piracy or robbery aforesaid, or any act of hostility against the United States, or any citizen thereof, upon the high sea, under colour of any commission from any foreign prince or state, or on pretence of authority from any person, such offender shall, notwithstanding the pretence of any such authority, be deemed, adjudged, and taken to be a pirate, felon, and robber, and on being convicted thereof, shall suffer death.(1)

2637. Every person who shall, either upon the land or the seas, knowingly and wittingly aid and assist, procure, command, counsel, or advise, any person to do or commit any murder or robbery, or other piracy aforesaid, upon the seas, which shall affect the life of such person, and such person shall there. upon do or commit any such piracy or robbery, then every such person so as aforesaid, aiding, assisting, procuring, commanding, counselling, or advising the same, either upon the land or the sea, shall be, and they are hereby declared, deemed, and adjudged to be accessary to such pirucies, before the fact, and every such person, being thereof convicted, shall suffer death.(2)

2638. After any murder, felony, robbery, or other piracy whatsoever aforesaid, is or shall be committed by any pirate or robber, every person who, knowing that such pirate or robber has done or committed any such piracy or robbery, shall, on the land or at sea, receive, entertain, or conceal any such pirate or robber, or receive or take into his custody any vessel, goods, or chattels, which have been by any such pirate or robber piratically and feloniously taken, shall be and are hereby declared, deemed, and adjudged to be accessary to such piracy or robbery, after the fact, and on conviction thereof, shall be imprisoned, not exceeding three years, and fined, not ex. ceeding five hundred dollars.(3)

2639. If any person shall, upon the high seas, or in any open roadstead, or in any haven, basin, or bay, or in any river where the sea ebbs and flows, commit the crime of robbery, in or upon any vessel, or upon any of the ship's company of any vessel, or the lading thereof, such person shall be adjudged to be a pirate ; and being thereof convicted before a circuit court of the United States, for the district into which he shall be brought, or in which he shall be found, shall suffer death.(4)

2640. And if any person engaged in any piratical cruise or enterprise, or being of the crew or ship's company of any piratical vessel, shall land from such vessel, and on shore shall commit robbery, such person shall be ad. judged a pirate, and on conviction thereof before a circuit court of the United States, for the district into which he shall be brought, or in which he shall be found, shall suffer death. Provided, That nothing in this section contained, shall be construed to deprive any particular state of its jurisdiction over such offences, when committed within the body of a county, or authorize the courts of the United States to try any such offenders, after conviction or acquittance, for the same offence in a state court.(4)

(1) Act 30th April, 1790, sec. 9. (2) Ibid. sec. 10.

(3) Ibid. sec. 11.
(4) Act 15th May, 1820, sec. 3.

The American character of such vessel may be proved without production of her register, or proof of its having been on board of her. Property or character is matter in pais, and is so to be established. - United States v. Pírates, 5 Wheat. 199, 205, 206. `United States v. Jones.

If a mortal stroke be given in the harbour of a foreign country, and the party stricken languish with the wound and die on shore, it is not murder under article 2635. The death as well as the mortal stroke must happen on the high seas, to constitute it murder there.- United States v. M'Gill, 4 Dall. 426. Nor is murder, committed in a harbour, on board a United States' ship of the line, by one of the crew upon another, within that act - United States v. Bevans, 8 Wheat. 356.

2641. If any citizen of the United States, being of the crew or ship's company of any foreign vessel engaged in the slave trade, or any person what. ever, being of the crew or ship's company of any vessel owned in whole or in part, or navigated for, or in behalf of, any citizen or citizens of the United States, shall land from any such vessel, and on any foreign shore seize any negro or mulatto, not held to service or labour by the laws of either of the states or territories of the United States, with intent to make such negro or mulatto a slave, or shall decoy, or forcibly bring or carry, or shall receive such negro or mulatto on board any such vessel, with intent as aforesaid, such citizen or person shall be adjudged a pirate, and on conviction thereof before the circuit court of the United States for the district wherein he may be brought or found, shall suffer death.(1)

If any citizen of the United States, being of the crew or ship's company of any foreign vessel engaged in the slave trade, or any person whatever, being of the crew or ship's company of any vessel, owned wholly or in part, or navigated for, or in behalf of, any citizen or citizens of the United States, shall forcibly confine, or detain, or aid and abet in forcibly confining or detain. ing, on board such vessel, any negro, or mulatto, not held to service by the laws of either of the states or territories of the United States, with intent to make such negro or mulatto a slave, or shall, on board any such vessel, offer or attempt to sell as a slave, any negro or mulatto, not held in service as aforesaid, or shall, on the high seas, or any where on tide water, transfer or deliver over to any other vessel, any negro or mulatto, not held to service as aforesaid, with intent to make such negro or mulatto a slave, or shall land or deliver on shore from on board any such vessel, any such negro or mulatto, with intent to make sale of, or having previously sold, such negro or mulatto as a slave, such citizen or person shall be adjudged a pirate, and on conviction thereof, before the circuit court of the United States, for the district wherein he shall be brought, or found, shall suffer death.(2)

2642. The president of the United States is authorized and requested to employ so many of the public armed vessels, as in his judgment the service may require, with suitable instructions to the commanders thereof, in protecting the merchant vessels of the United States, and their crews from piratical aggressions and depredations.(3)

The president of the United States is authorized to instruct the commanders of the public armed vessels of the United States, to subdue, seize, take and send into any port of the United States, any armed vessel or boat, or any vessel or boat, the crew whereof shall be armed, and which shall have at. tempted or committed any piratical aggression, search, restraint, depredation, or seizure, upon any vessel of the United States, or of the citizens thereof, or upon any other vessel ; and also to retake any vessel of the United States, or its citizens, which may have been unlawfully captured upon the high seas.(4)

2643. The commander and crew of any merchant vessel of the United States, owned wholly or in part by a citizen thereof, may oppose and defend against any aggression, search, restraint, depredation or seizure, which shall be attempted upon such vessel, or upon any other vessel owned as aforesaid, by the commander or crew of any armed vessel whatsoever, not being a pub. lic armed vessel of some nation in amity with the United States ; and may subdue and capture the same; and may also retake any vessel, owned as aforesaid, which may have been captured by the commander or crew of any such armed vessel, and send the same into any port of the United States.(5) (1) Act 15th May, 1820, sec. 4.

(4) Ibid. sec. 2. (2) Ibid. sec. 5.

(5) Act 3d March, 1819, sec. 3. (3) Act 2d March, 1819, sec. 1.

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