labor for any time not exceeding ten years. And such person or persons, so offending, may be tried and convicted without the principal offender being first tried, provided such principal offender has fled from justice, or cannot be found to be put on his trial. office, repeal 46. That all acts and parts of acts which have been passed All acts, &c. for the establishment and regulation of the general post office, establishment passed for the shall be, and the same are hereby, repealed: Provided, That the of the post act, entitled "An act concerning public contracts," approved on ad. the twenty-first of April, one thousand eight hundred and eight, shall not be affected hereby, but shall remain in full force and virtue: And provided also, That nothing herein contained shall Provise. be construed to affect, or extend to, any offence committed against the laws, now in force, intended by this act to be repealed; but the same shall be prosecuted, and determined, and punished, according to the said laws; nor to affect any existing contract, or debt, or demand, due to or from the department; but all such offences, crimes, debts, duties, demands, and contracts, shall be held in force, and adjudged, determined, and executed, according to the present laws in force, as though this act had not passed; nor shall it affect any appointments to office made under the laws hereby repealed. [Approved, March 3, 1825.] CHAP. 276. An act more effectually to provide for the punishment of certain crimes Vol. i. p. 83. against the United States, and for other purposes. Vol. iv. p. 2405. within any ciously burn suffer death. $1. Be it enacted, &c. That if any person or persons, within Any person any fort, dock-yard, navy-yard, arsenal, armory, or magazine, the fort, &c. who site whereof is ceded to, and under the jurisdiction of, the Unit- shall alied States, or on the site of any lighthouse, or other needful any dwelling building belonging to the United States, the site whereof is ced-house, &c. to ed to them, and under their jurisdiction, as aforesaid, shall, wilfully and maliciously, burn any dwelling house, or mansion house, or any store, barn, stable, or other building, parcel of any dwelling or mansion house, every person, so offending, his or her counsellors, aiders, and abettors, shall be deemed guilty of felony, and shall, on conviction thereof, suffer death. wilfully set nal, &c. to be 2. That if any person, or persons, in any of the places afore- Any person said, shall, wilfully and maliciously, set fire to, or burn, any arse- ting fire to, nal, armory, magazine, rope-walk, ship-house, ware-house, block- &c. any arsehouse, or barrack, or any store-house, barn, or stable, not parcel fined and imof a dwelling house, or any other building not mentioned in the prisoned. first section of this act, or any ship or vessel, built, or building, or begun to be built, or repairing, or any lighthouse, or beacon, or any timber, cables, rigging, or other materials for building, repairing, or fitting out, ships, or vessels, or any pile of wood, boards, or other lumber, or any military, naval, or victualling stores, arms, or other munitions of war, every person so offending, his or her counsellors, aiders, and abettors, 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 labor, not exceeding ten years, according to the aggravation of the offence. Any offence committed in any of the ces, the punishment of 3. That, if any offence shall be committed in any of the places aforesaid, the punishment of which offence is not specialaforesaid pla- ly provided for by any law of the United States, such offence shall, upon a conviction in any court of the United States having cognizance thereof, be liable to, and receive, the same punishment as the laws of the state in which such fort, dock-yard, navy-yard, arsenal, armory, or magazine, or other place, ceded as aforesaid, is situated, provide for the like offence, when committed within the body of any county of such state. which is not provided for in this or any other law of &c. Murder on the jurisdiction of punishable with death. 4. That, if any person or persons, upon the high seas, or in high seas, or in any arm of the any arm of the sea, or in any river, haven, creek, basin, or bay, sea, within the within the admiralty and maritime jurisdiction of the United the U. States States, and out of the jurisdiction of any particular state, shall commit the crime of wilful murder, or rape, or shall, wilfully and maliciously, strike, stab, wound, poison, or shoot at, any other person, of which striking, stabbing, wounding, poisoning, or shooting, such person shall afterwards die, upon land, within or without the United States, every person so offending, his or her counsellors, aiders, or abettors, shall be deemed guilty of felony, and shall, upon conviction thereof, suffer death. Any offence committed on belonging cognizable, &c. by the proper court of the United States. Proviso. 5. That, if any offence shall be committed on board of any board any ship ship or vessel, belonging to any citizen or citizens of the United or vessel, &c. States, while lying in a port or place within the jurisdiction of by any person any foreign state or sovereign, by any person belonging to the thereto, to be company of said ship, or any passenger, on any other person belonging to the company of said ship, or any other passenger, the same offence shall be cognizable and punishable by the proper circuit court of the United States, in the same way and manner, and under the same circumstances, as if said offence had been committed on board of such ship or vessel on the high seas, and without the jurisdiction of such foreign sovereign or state: Provided, always, That if such offender shall be tried for such offence, and acquitted or convicted thereof, in any competent court of such foreign state or sovereign, he shall not be subject to another trial in any court of the United States. Punishment of 6. That, if any person or persons, upon the high seas, or in who, upon the 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, shall, by surprise or by open force or violence, maliciously attack, or set upon, any ship or vessel belonging in whole or part, to the United States, or to any citizen or citizens thereof, or to any other person whatsoever, with an intent unlawfully to plunder the same ship or vessel, or to despoil any owner or owners thereof of any moneys, goods, or merchandise, laden on board thereof, every person so offending, his or her counsellors, aiders, or abettors, 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 labor, not exceeding ten years, according to the aggravation of the offence. any person high seas, shall, by sur prise or violence, attack any ship or vessel belonging to the U. States, &c. Vol. i. p. 83. Vol. ii. p. 1798. Of any person 7. That, if any person or persons, upon the high scas, or in who shall at any other of the places aforesaid, with intent to kill, rob, steal, commit a rape, or to do or perpetrate any other felony, shall tempt to kill, rob, &c. 22. break or enter any ship or vessel, boat, or raft; or if any person See section or persons shall, wilfully and maliciously, cut, spoil, or destroy, any cordage, cable, buoys, buoy-rope, headfast, or other fast, fixed to any anchor or moorings, belonging to any ship, vessel, boat, or raft; every person, so offending, his or her counsellors, aiders, and abettors, 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 labor, not exceeding five years, according to the aggravation of the offence. the same to be 8. That, if any person or persons, upon the high seas, or in Of any person buying, &c. any of the places aforesaid, shall buy, receive, or conceal, or aid any goods, in concealing any money, goods, bank notes, or other effects or &c. knowing things which may be the subject of larceny, which have been fe- the subject of loniously taken or stolen, from any other person, knowing the larceny. same to have been taken or stolen, every person, so offending, shall be deemed guilty of a misdemeanor, and may be prosecuted therefor, although the principal offender chargeable, or charged with the larceny, shall not have been prosecuted or convicted thereof; and shall on conviction thereof, be punished by fine, not exceeding one thousand dollars, and imprisonment and confinement to hard labor, not exceeding three years, according to the aggravation of the offence. plunder, steal, 9. That, if any person or persons shall plunder, steal, or of any person destroy, any money, goods, merchandise, or other effects, from who shall or belonging to any ship or vessel, or boat, or raft, which shall or destroy be in distress, or which shall be wrecked, lost, stranded, or cast goods, &c. beaway, upon the sea, or upon any reef, shoal, bank, or rocks, of longing to any ship or vessel, the sea, or in any other place within the admiralty and maritime &c. in disjurisdiction of the United States, or if any person or persons shall tress. wilfully obstruct the escape of any person endeavoring to save his or her life from such ship, or vessel, boat, or raft, or the wreck thereof, or, if any person or persons shall hold out or show any false light, or lights, or extinguish any true light, with intention to bring any ship or vessel, boat or raft, being or sailing upon the sea, into danger, or distress, or shipwreck; every person, so of fending, his or her counsellors, aiders, and abettors, shall be deemed guilty of felony, and shall, on conviction thereof, be punished by fine, not exceeding five thousand dollars, and imprisonment and confinement to hard labor, not exceeding ten years, according to the aggravation of the offence. ter or com zen or citizens § 10. That, if any master or commander of any ship or vessel, of any masbelonging, in whole, or in part, to any citizen or citizens of the mander of any United States, shall, during his being abroad, maliciously, and ship or vessel belonging in without justifiable cause, force any officer, or mariner, of such whole or in ship or vessel, on shore, or leave him behind, in any foreign port part to a citior place, or refuse to bring home again all such of the officers of the United and mariners, of such ship or vessel, whom he carried out with States while him, as are in a condition to return, and willing to return, when shall force he shall be ready to proceed in his homeward voyage, every mas- any officer, ter or commander, so offending, shall, on conviction thereof, be punished by fine, not exceeding five hundred dollars, or by im abroad, who &c. any ship or vessel of the high seas, or prisonment, not exceeding six months, according to the aggrava tion of the offence. Of any person § 11. That, if any person or persons shall, wilfully and maliwilfully, &c. setting on fire ciously, set on fire, or burn, or otherwise destroy, or cause to be set on fire, or burnt, or otherwise destroyed, or aid, procure, United States, abet, or assist in setting on fire, or burning or otherwise destroyafloat on the ing, any ship or vessel of war of the United States, afloat on the any arm of the high 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, every person so offending, shall be deemed guilty of felony, and shall, on conviction thereof, suffer death: Provided, That nothing herein contained shall be construed to take away or impair the right of any court martial to punish any offence, which, by the law of the United States, may be punishable by such court. sea, &c. Proviso. guilty of ex Of any officer 12. That, if any officer of the United States shall be guilty of the United States, who is of extortion, under or by color 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. tortion. Of any person in any case, matter, &c. oath or affir 13. That, if any person, in any case, matter, hearing, or other procceding, when an oath or affirmation shall be required to who, when on be taken or administered under or by any law or laws of the mation, shall United States, shall, upon the taking of such oath or affirmation, be required to knowingly and willingly swear or affirm falsely, every person, so administered, offending, shall be deemed guilty of perjury, and shall, on conunder any law viction thereof, be punished by fine, not exceeding two thousand States, shall dollars, and by imprisonment and confinement to hard labor, not wilfully swear exceeding five years, according to the aggravation of the offence. falsely. be taken or of the United When any person is ar the United offence, not 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 labor, not exceeding five years, according to the aggravation of the offence. 14. That, if any person, upon his or her arraignment upon raigned before any indictment before any court of the United States for any ofany court of fence, not capital, shall stand mute, or will not answer or plead States for any to such indictment, the court shall, notwithstanding, proceed to the trial of the person, so standing mute, or refusing to answer capital, and refuses to an- or plead, as if he or she had pleaded not guilty, and upon a verswer to such dict being returned by the jury, may proceed to render judgjudgment shall ment accordingly. And the trial of all offences which shall be be rendered committed upon the high seas or elsewhere, out of the limits of accordingly. any state or district, shall be in the district where the offender is indictment, ed, the apprehended, or into which he may be first brought. 15. That, in every case where any criminal convicted of In every case where a crimi- any offence against the United States shall be sentenced to imnal is convict-prisonment and confinement to hard labor, it shall be lawful which shall for the court by which the sentence is passed, to order the same pass the sentence'shall to be executed in any state prison, or penitentiary within the order the same district where such court is holden; the use of which prison or penitentiary may be allowed or granted by the legislature of such to be executed state for such purposes; and the expenses attendant upon the any state execution of such sentence, shall be paid by the United States. in prison, &c. employed in the United Vol. iii. p. 16. That, if any person who shall be employed as president, Punishment of cashier, clerk, or servant, in the bank of the United States, any person created and established by an act, entitled "An act to incor- the bank of porate the subscribers to the bank of the United States," passed States taking, on the tenth day of April, in the year of our Lord one thousand &c. any mo eight hundred and sixteen, or in any office of discount and de- ney, &c. belonging to said posite established by the directors of said bank in any state or bank. territory of the United States, shall feloniously take, steal, and 1547. carry away any money, goods, bond, bill, bank note, or other note, check, draft, treasury note, or other valuable security or effects, belonging to said bank, or deposited in said bank; or, i if any person so employed as president, cashier, clerk, or servant, shall fraudulently embezzle, secrete, or make away with any money, goods, bond, bill, bank note, or other note, draft, treasury note, or other valuable security or effects, which he shall have received, or which shall come to his possession or custody by virtue of such employment: 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 labor, not exceeding ten years,cording to the aggravation of the offence. treasury notes, the United 1917. 17. That, if any person or persons shall falsely make, forge, Forgery of or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or willingly aid or assist in falsely making, forg- lic security of ing, or counterfeiting, any paper, writing, or instrument, in imi- States. tation of, or purporting to be, an indent, certificate of the public stock, or debt, treasury note, or other public security of the United States, or any letters patent, issued or granted by the president of the United States, or any bill, check, or draft for Vol. iii. p. money drawn by, or on the treasurer of the United States, or by, or on, any other public officer or agent of the United States, duly authorized to make, draw, accept, or pay the same, on behalf and for account of the United States; or if any person or persons shall pass, utter, or publish, or attempt to pass, utter, or publish, as true, any such false, forged, or counterfeited paper, writing, or instrument, knowing the same to be false, forged, or counterfeited, with intent to defraud the United States, or any body politic or corporate, or any other person or persons whatsoever; or if any person or persons shall falsely alter any indent, certificate of the public stock, or debt, treasury note, or other public security of the United States, or any letters patent, issued or granted by the president of the United States, or any bill, check, or draft for money drawn by or on the treasurer of the United States, or any other public officer or agent of the United States, duly authorized to make, draw, accept, or pay such bill, check, or draft, or if any person or persons shall pass, utter, or publish, or attempt to pass, utter, or publish, as true and unaltered, any such falsely altered indent, certificate, trea sury note, or other public security, letters patent, or bill, check, or draft, knowing the same to be falsely altered, with intent to |