in any court of

Process sued of a particular state, or by any judge or justice therein respectively, the.States, whereby the person of any ambassador or other public minister of any or of a particular foreign prince or state, authorized and received as such by the President state, against a of the United States, or any domestic or domestic servant of any such foreign minisambassador or other public minister, may be arrested or imprisoned, or ter, void; and his or their goods or 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.(a)

Persons suing the same, how punished:

Exception as to debts contracted prior to

SEC. 26. And be it [further enacted, That in case any person or person shall sue forth or prosecute any such writ or process, such person or persons, and all attorneys or solicitors prosecuting or soliciting in such case, and all officers executing any such writ or process, being thereof convicted, shall be deemed violaters 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.

SEC. 27. Provided nevertheless, That no citizen or inhabitant of the United States, who shall have contracted debts prior to his entering into

entering into the the service of any ambassador or other public minister, which debts shall

service of ambassador, &c.

Violation of a safe conduct, or to the person of

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.

SEC. 28. And be it [further enacted, That if any person shall violate any safe-conduct or passport duly obtained and issued under the authopublic minister, rity of the United States, or shall assault, strike, wound, imprison, or in

how punished.

In cases of

treason, prison

er shall have

copy of indict.

ment, list of the

jury and wit

nesses, &c.

In other capi

tal cases, copy

of indictment

and list of the

jury; also to be

allowed counsel.

any other manner infract the law of nations, by offering violence to the person of an ambassador or other public minister, such person so offending, on conviction, shall be imprisoned not exceeding three years, and fined at the discretion of the court.

SEC. 29. And be it [further] enacted, That any person who shall be accused and indicted of treason, shall have a copy of the indictment, and a list of the jury and witnesses, to be produced on the trial for proving the said indictment, mentioning the names and places of abode of such witnesses and jurors, delivered unto him at least three entire days before he shall be tried for the same; and in other capital offences, shall have such copy of the indictment and list of the jury two entire days at least before the trial: And that every person so accused and indicted for any of the crimes aforesaid, shall also be allowed and admitted to make his full defence by counsel learned in the law; and the court before whom such person shall be tried, or some judge thereof, shall, and they are hereby authorized and required immediately upon his request to assign to such person such counsel, not exceeding two, as such person shall desire, to whom such counsel shall have free access at

all seasonable hours; and every such person or persons accused or in

(a) The decisions of the courts of the United States upon the provisions of the sections of this statute, relative to process against foreign ministers and officers, for the violation of their immunities, have been: The United States v. Hand, 2 Wash. C. C. R. 435. United States v. William Liddle, 2 Wash. C. C. R. 205. Ex parte Cabrera, 1 Wash. C. C. R. 232.

An indictment under the 27th section of the act of 1790, for infracting the laws of nations by offering violence to the person of a foreign minister, is not a case affecting ambassadors, other public ministers, and consuls, within the first clause of the 2d section of the 3d article of the constitution of the United States. The United States v. Ortega, 11 Wheat. 467; 6 Cond. Rep. 394.

If a foreign minister commits the first assault, he forfeits his immunity, so far as to excuse the defendant for returning it. Ibid.

It is no defence upon such indictment, that the defendant was ignorant of the public character of the minister. Ibid. See also United States v. Benner, Baldwin's C. C. R. 240.

FIRST CONGRESS. SESS. II. CH. 10. 1790.

dicted of the crimes aforesaid, shall be allowed and admitted in his said defence to make any proof that he or they can produce, by lawful witness or witnesses, and shall have the like process of the court where he or they shall be tried, to compel his or their witnesses to appear at his or their trial, as is usually granted to compel witnesses to appear on the prosecution against them.

SEC. 30. And be it further enacted, That if any person or persons be indicted of treason against the United States, and shall stand mute or refuse to plead, or shall challenge peremptorily above the number of thirty-five of the jury; or if any person or persons be indicted of any other of the offences herein before set forth, for which the punishment is declared to be death, if he or they shall also stand mute or will not answer to the indictment, or challenge peremptorily above the number of twenty persons of the jury; the court, in any of the cases aforesaid, shall notwithstanding proceed to the trial of the person or persons so standing mute or challenging, as if he or they had pleaded not guilty, and render judgment thereon accordingly.

SEC. 31. And be it further enacted, That the benefit of clergy shall not be used or allowed, upon conviction of any crime, for which, by any statute of the United States, the punishment is or shall be declared to

be death.

cess to compel
the attendance
and with pro-

of witnesses.

In cases of treason or other capital offence, to be proceeded prisoner standing mute, how against.

Act of March

3, 1825, ch. 65,

sec. 14.

No prosecu

ment for treason
or other capital

tion or punish

indictment be
found within

offence unless

SEC. 32. And be it further enacted, That no person or persons shall be prosecuted, tried or punished for treason or other capital offence aforesaid, wilful murder or forgery excepted, unless the indictment for the same shall be found by a grand jury within three years next after the treason or capital offence aforesaid shall be done or committed; nor shall any person be prosecuted, tried or punished for any offence, not capital, nor for any fine or forfeiture under any penal statute, unless the indictment or information for the same shall be found or instituted within two years from the time of committing the offence, or incurring the fine or forfeiture aforesaid: Provided, That nothing herein contained except the ofshall extend to any person or persons fleeing from justice.

unless within
two years;

three years, nor
in other cases

flee.

Punishment

SEC. 33. And be it further enacted, That the manner of inflicting the punishment of death, shall be by hanging the person convicted by the of death to be

neck until dead.

APPROVED, April 30, 1790.

by hanging.

STATUTE II.

CHAP. X.-An Act for regulating the Military Establishment of the United April 30, 1790.

States.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the commissioned officers herein after mentioned, and the number of one thousand two hundred and sixteen non-commissioned officers, privates and musicians, shall be raised for the service of the United States, for the period of three years, unless they should previously by law be discharged. SEC. 2. And be it further enacted, That the non-commissioned officers and privates aforesaid shall, at the time of their enlistments respectively, be able-bodied men, not under five feet six inches in height, without shoes; nor under the age of eighteen, nor above the age of forty-six years.

Repealed by Act of March 3, 1795, ch. 44, sec. 18. troops, and term

Number of

Of what size and age.

SEC. 3. And be it further enacted, That the commissioned officers herein after mentioned, and the said non-commissioned officers, privates into regiments and musicians, shall be formed into one regiment of infantry, to consist of three battalions, and one battalion of artillery. The regiment of infantry to be composed of one lieutenant-colonel commandant, three majors, three adjutants, three quartermasters, one paymaster, one surgeon, two surgeon's mates, and twelve companies, each of which shall consist of one captain, one lieutenant, one ensign, four sergeants, four

corporals, sixty-six privates, and two musicians. The battalion of artillery shall be composed of one major commandant, one adjutant, one quartermaster, one paymaster, one surgeon's mate, and four companies; each of which shall consist of one captain, two lieutenants, four sergeants, four corporals, sixty-six privates, and two musicians: Provided always, That the adjutants, quartermasters, and paymasters, shall be appointed from the line of subalterns of the aforesaid corps respectively.

Inspectors;

their duty, &c.

SEC. 4. And be it further enacted, That the President of the United States may from time to time appoint one or two inspectors, as to him shall seem meet, to inspect the said troops, who shall also muster the same, and each of whom shall receive the like pay and subsistence as a captain, and be allowed ten dollars per month for forage.

Pay of the

troops;

deductions for clothing and hospital stores.

Adjutants, quarter, and paymaster's additional pay.

Officers, what rations allowed to for daily sub

sistence.

Also, money

SEC. 5. And be it further enacted, That the troops aforesaid shall receive for their services the following enumerated monthly rates of pay: Lieutenant-colonel commandant, sixty dollars; major commandant of artillery, forty-five dollars; majors, forty dollars; captains, thirty dollars; lieutenants, twenty-two dollars; ensigns, eighteen dollars; surgeons, thirty dollars; surgeon's mates, twenty-four dollars; sergeants, five dollars; corporals, four dollars; privates, three dollars; senior musician in each battalion of infantry, and in the battalion of artillery, five dollars; musicians, three dollars: Provided always, That the sums herein after specified, shall be deducted from the pay of the non-commissioned officers, privates and musicians stipulated as aforesaid, for the purposes of forming a fund for clothing and hospital stores. From the monthly pay of each sergeant and senior musician, there shall be deducted for uniform clothing, the sum of one dollar and forty cents, and the farther sum of ten cents for hospital stores; and from the monthly pay of each corporal, for uniform clothing, one dollar and fifteen cents, and the farther sum of ten cents for hospital stores; and from the monthly pay of each private and musician, for uniform clothing, the sum of ninety cents, and the farther sum of ten cents for hospital stores.

SEC. 6. And be it further enacted, That the subalterns who may be appointed to act as adjutants, shall each receive for the same, in addition to their regimental pay, ten dollars per month; and quarter and paymasters so appointed, each five dollars per month.

SEC. 7. And be it further enacted, That the commissioned officers aforesaid, shall receive for their daily subsistence, the following number of rations of provisions-to wit: Lieutenant-colonel commandant, six; a major, four; a captain, three; a lieutenant, two; an ensign, two; a surgeon, three; a surgeon's mate, two, or money in lieu thereof, at the option of the said officers, at the contract price at the posts respectively where the rations shall become due.

SEC. 8. And be it further enacted, That the commissioned officers in lieu of for herein after described, shall receive monthly the following enumerated

age.

Privates, what clothing shall

receive annu

ally;

sums, instead of forage: Lieutenant-colonels commandant, twelve dollars; major commandant of artillery, majors and surgeon each, ten dollars; surgeon's mates each, six dollars.

SEC. 9. And be it further enacted, That every non-commissioned officer, private and musician aforesaid, shall receive annually the following articles of uniform clothing: One hat or helmet, one coat, one vest, two pair of woollen and two pair of linen overalls, four pair of shoes, four shirts, two pair of socks, one blanket, one stock and clasp, and one pair of buckles.

SEC. 10. And be it further enacted, That every non-commissioned officer, private and musician aforesaid, shall receive daily the following rations of provisions, or the value thereof: One pound of beef, or three quarters of a pound of pork, one pound of bread or flour, half a gill of rum, brandy or whisky, or the value thereof at the contract price where the same shall become due, and at the rate of one quart of salt, two quarts of vinegar, two pounds of soap, and one pound of candles, to every hundred rations.

If wounded or

compensation.

SEC. 11. And be it further enacted, That if any commissioned officer, non-commissioned officer, private or musician aforesaid, shall be wounded disabled, what or disabled while in the line of his duty in public service, he shall be placed on the list of the invalids of the United States, at such rate of pay, and under such regulations as shall be directed by the President of the United States, for the time being: Provided always, That the rate of compensation for such wounds or disabilities, shall never exceed for the highest disability, half the monthly pay received by any commissioned officer, at the time of being so wounded or disabled; and that the rate of compensation to non-commissioned officers, privates and musicians, shall never exceed five dollars per month. And provided also, That all inferior disabilities shall entitle the persons so disabled, to receive only a sum in proportion to the highest disability.

an of alle

SEC. 12. And be it further enacted, That every commissioned officer, Officers and non-commissioned officer, private and musician aforesaid, shall take privates to take and subscribe the following oath or affirmation-to wit: "I, A. B. giance to the do solemnly swear or affirm (as the case may be) to bear true allegiance United States; to the United States of America, and to serve them honestly and faith- and

fully against all their enemies or opposers whomsoever, and to observe and obey the orders of the President of the United States of America, and the orders of the officers appointed over me, according to the articles of war."

SEC. 13. And be it further enacted, That the commissioned officers, be governed by

non-commissioned officers, privates and musicians aforesaid, shall be governed by the rules and articles of war, which have been established by the United States in Congress assembled, as far as the same may be applicable to the constitution of the United States, or by such rules and articles as may hereafter by law be established.

the articles of

war.

SEC. 14. And be it further enacted, That the "act for recognizing and adapting to the constitution of the United States, the establishment lishment of of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned," passed the twentyninth day of September, one thousand seven hundred and eighty-nine, 29, 1789, ch. 25. be, and the same is hereby repealed.

Former estab

troops repealed.

Act of Sept.

SEC. 15. Provided always, That the non-commissioned officers and privates continued and engaged under the aforesaid act of the twentyninth day of September, one thousand seven hundred and eighty-nine, and who shall decline to re-enlist under the establishment made by this act, shall be discharged whenever the President of the United States shall direct the same. Provided further, That the whole number of non-commissioned officers, privates and musicians, in the service of the United States at any one time, either by virtue of this act, or by virtue of the aforesaid act, passed the twenty-ninth day of September, one thousand seven hundred and eighty-nine, shall not exceed the number of one thousand two hundred and sixteen.

SEC. 16. And be it further enacted, That for the purpose of aiding the troops now in service, or to be raised by this act, in protecting the inhabitants of the frontiers of the United States, the President is hereby authorized to call into service from time to time such part of the militia of the states respectively, as he may judge necessary for the purpose aforesaid; and that their pay and subsistence while in service, be the same as the pay and subsistence of the troops above mentioned, and they shall be subject to the rules and articles of war.

APPROVED, April 30, 1790.

Certain exceptions; and

for further defence, President may call out militia.

[Expired.]

Act of March 3,

1797, ch. 13. Act of Feb. 11,

1800, ch. 6.

Act of March 2,

1821, ch. 13,

sec. 3. Act of

CHAP. XI.-An Act to prescribe the mode in which the public Acts, Records, and judicial Proceedings in each State, shall be authenticated so as to take effect in every other State.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the acts of the legislatures of the several states shall be authenticated by having the seal of their respective states affixed thereto: That the records and judicial proceedings of the courts of any state, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form. And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken. (a)

APPROVED, May 26, 1790.

CHAP. XII. An Act to provide for mitigating or remitting the forfeitures and penalties accruing under the revenue laws, in certain cases therein men

tioned.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever any person who now is, or hereafter shall be liable to a fine, penalty or forfeiture, or interested in any vessel, goods, wares or merchandise, or other thing which may be subject to seizure and forfeiture, by force of the laws of the United States now existing, or which may hereafter exist, for collecting duties of impost and tonnage, and for regulating the coasting trade, shall prefer his petition to the judge of the district in which such fine, penalty or forfeiture may have accrued, truly and penalties, &c. particularly setting forth the circumstances of his case, and shall pray how to be ap- that the same may be mitigated or remitted; the said judge shall inquire

March 1, 1823,

ch. 21, sec. 8.

Mitigation or remission of

plied for; and

in a summary manner into the circumstances of the case, first causing reasonable notice to be given to the person or persons claiming such fine, penalty or forfeiture, and to the attorney of the United States for such district, that each may have an opportunity of showing cause against the mitigation or remission thereof; and shall cause the facts which shall appear upon such inquiry, to be stated and annexed to the petition, and direct their transmission to the Secretary of the Treasury

(a) Art. 4, sec. 1, Constitution of the United States. The decisions of the courts of the United States upon this statute, and on the introduction in evidence of the "acts, records, and judicial proceedings of the States," have been:

Under the fourth article and 1st section of the constitution of the United States, and the act of 26th May, 1790, if a judgment has the effect of record evidence in the courts of the State from which it is taken, it has the same effect in the courts of every other State; and the plea of nil debet is not a good plea to an action brought upon such judgment in a court of another State. Mills v. Duryee, 7 Cranch, 483; 2 Cond. Rep. 578. See Leland v. Wilkinson, 6 Peters, 317. United States v. Johns, 4 Dall. 412. Ferguson v. Harwood, 7 Cranch, 408; 2 Cond. Rep. 548. Drummond's adm'rs v. Magruder's trustees, 9 Cranch, 122; 3 Cond. Rep. 303.

Under the act of May 26, 1790, prescribing the mode in which the public records in each State shall be authenticated, so as to take effect in every other State, copies of the legislative acts of the several States, authenticated by having the seal of the State affixed thereto, are conclusive evidence of such acts in every other State. No other formality is required, than the annexation of the seal, and in the absence of all contrary proof, it must be presumed to have been done by an officer having the custody thereof, and competent authority to do the act. United States v. Amedy, 11 Wheat. 392; 6 Cond. Rep. 362.

The record of a judgment in one State is conclusive in another, although it appears that the suit in which it was rendered was commenced by an attachment of property, the defendant having afterwards appeared and taken defence. Mayhew v. Thatcher, 6 Wheat. 129; 5 Cond. Rep. 34.

In an action upon a judgment, in another State, the defendant cannot plead any fact in bar which contradicts the record on which the suit is brought. Field v. Gibbs, Peters' C. C. R. 155. See Green v. Sarmiento, Peters' C. C. R. 74. Blount v. Darrah, 4 Wash. C. C. R. 657. Turner v. Waddington, 3 Wash. C. C. R. 126.