&c. to be im and all officers executing any such writ or process, being there- lators of the of convicted, shall be deemed violators of the laws of nations law of nations, and disturbers of the public repose, and imprisoned not exceed prisoned and ing three years, and fined at the discretion of the court: Provid- fined. ed nevertheless, That no citizen or inhabitant of the United States, Debts prior to who shall have contracted debts prior to his entering into the service with service of any ambassador or other public minister, which debts ters, recovera foreign minisshall be still due and unpaid, shall have, take, or receive, any ble. 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 se- What is necretary of state, and by such secretary transmitted to the mar- cessary to exshal of the district in which congress shall reside, who shall, empt from suit upon receipt thereof, affix the same in some public place in his domestic seroffice, whereto all persons may resort and take copies without fee vants of for or reward. and arrest, the eign ministers. § 27. That if any person shall violate any safe conduct or Violence to passport duly obtained, and issued under the authority of the the person of United States, or shall assault, strike, wound, imprison, or in any ister: a foreign minother manner infract the law of nations, by offering violence to the person of an ambassador or other public minister, such per- Punished by son so offending, on conviction, shall be imprisoned not exceeding imprisonment three years, and fined at the discretion of the court. and fine. dictment and § 28. That any person who shall be accused and indicted of Copy of intreason, shall have a copy of the indictment, and a list of the ju- list of jury ry and witnesses, to be produced on the trial for proving the and witnesses, said indictment, mentioning the names and places of abode of in treason, &c. 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 Copy and list 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 Defence by by counsel learned in the law; and the court before whom such counsel. person shall be tried, or some judge thereof, shall, and they are hereby authorized and required, immediately upon his request, in other cases. &c. to assign to such person such counsel, not exceeding two, as Court to as such person shall desire, to whom such counsel shall have free sign counsel, access at all seasonable hours; and every such person or per- Witnesses, sons, accused or indicted of the crimes aforesaid, shall be allow- and process to ed and admitted in his said defence, to make any proof that he compel their or they can produce, by lawful witness or witnesses, and shall attendance, have the like process of the court where he or they shall be tried, ed. 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. for the accus mute, excess § 29. That if any person or persons be indicted of treason In treason, &c. against the United States, and shall stand mute, or refuse to standing plead, or shall challenge peremptorily above the number of thir- of challenge, ty-five of the jury; or if any person or persons be indicted of &c. not to deany other of the offences hereinbefore set forth, for which the lay trial, &c. punishment is declared to be death, if he or they shall also stand VOL. I. 12 clergy where the purish except for wil three years. 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. No benefit of 30. That the benefit of clergy shall not be used or allowed, upon conviction of any crime, for which, by any statute of the ment is death. United States, the punishment' is or shall be declared to be death. Indictments, § 31. That no person or persons shall be prosecuted, tried, or ful murder and punished, for treason, or other capital offence aforesaid, wilful forgery, to be murder or forgery excepted, unless the indictment for the same found within shall be found by a grand jury within three years next after the treason, or capital offence aforesaid, shall be done or committed; For other of nor shall any person be prosecuted, tried, or punished, for any fences, within offence not capital, nor for any fine or forfeiture under any penal two years, &c. statute, unless the indictment or information for the same shall be found or instituted within two years from the time of commitProviso; as to ting the offence, or incurring the fine or forfeiture aforesaid: Profugitives. vided, That nothing herein contained shall extend to any person or persons fleeing from justice. Death, by hanging. Repealed. Vol. i. p. 396. 1,216 noncom. cers, privates, &c. for three § 32. That the manner of inflicting the punishment of death, shall be by hanging the person convicted by the neck until dead. [Approved, April 30, 1790.] CHAP. 37. [10.] An act for regulating the military establishment of the United § 1. Be it enacted, &c. That the commissioned officers hereinmissioned off after mentioned, and the number of one thousand two hundred and sixteen noncommissioned 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. years. Height and age. § 2. That the noncommissioned officers and privates aforesaid, shall, at the time of their enlistments, respectively, be able 5 feet 6 inches. bodied men, not under five feet six inches in height, without shoes; nor under the age of eighteen, nor above the age of fortysix years. 18 to 46. One regiment of infantry, and a battal ionof artillery. Composition of the regiment of infan. try. 3. That the commissioned officers hereinafter mentioned, and the said noncommissioned officers, privates, 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 Proviso; as to corporals, sixty-six privates, and two musicians: Provided always, appointments That the adjutants, quartermasters, and paymasters, shall be ap Composition of the battal ion of artille ry. from the line. pointed from the line, of subalterns of the aforesaid corps, respectively. § 4. That the president of the United States may, from time Inspectors: to time, appoint one or two inspectors, as to him shall seem meet, their duty, &c. 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. troops. § 5. That the troops aforesaid shall receive for their services Pay of the 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 musicians in each battalion of infantry, and in the battalion of artillery, five dollars; musicians, three dollars: Provided always, That the sums hereinafter specified, shall be de- Proviso; as to ducted from the pay of the noncommissioned officers, privates, deductions for and musicians, stipulated as aforesaid, for the purposes of forming clothing and hospital a fund for clothing and hospital stores: From the monthly pay stores. 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 further sum of ten cents for hospital stores. § 6. 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 mouth; and quarter and paymasters, so appointed, each five dollars per month. Additional pay of subalterns acting as adjutants, &c. commissioned § 7. That the commissioned officers aforesaid shall receive, Rations of for their daily subsistence, the following number of rations of officers. 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 there- Money for of, at the option of the said officers, at the contract price at the posts, respectively, where the rations shall become due. § 8. That the commissioned officers herein after described, shall receive, monthly, the following enumerated sums, instead of forage: Lieutenant colonels commandant, twelve dollars; major commandant of artillery, majors and surgeons, each, ten dollars; surgeon's mates, each, six dollars. rations. Money instead of for age. 9. That every noncommissioned officer, private, and musi- Uniform clothing for cian, aforesaid, shall receive, annually, the following articles of noncommisuniform clothing: One hat, or helinet, 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. sioned officers, privates, &c. Rations for sioned officers, § 10. That every noncommissioned officer, private and musi- noncommiscian, aforesaid, shall receive, daily, the following rations of pro- privates, &c. visions, or the value thereof: One pound of beef, or three quar- Or the value thereof. Pensions to invalids. amount of ters of a pound of pork, one pound of bread or flour, half a gill of rum, brandy or whiskey, 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. § 11. That if any commissioned officer, noncommissioned officer, private, or musician, aforesaid, shall be wounded 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 preProviso as to sident 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 noncommissioned officers, privates and musicians, shall never exceed five dollars per month: And provided also, That all inferior disabilities shall entitle the person so disabled, to receive only a sum in proportion to the highest disability. pension. Proviso as to inferior disabilities. Officers, privates, &c. to take an oath. Form of the oath. Troops to be governed by the rules and articles of war, &c. Act of the 29th of September, 1789, repealed. Act of 1789, ch. 25. § 12. That every commissioned officer, noncommissioned officer, private and musician, aforesaid, shall take and subscribe the following oath or affirmation, to wit: "I, A. B. do solemnly swear, or affirm, (as the case may be) to bear true allegiance to the United States of America, and to serve them honestly and faithfully, 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." § 13. That the commissioned officers, noncommissioned 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. §14. That the "act for recognising, and adapting to the constitution of the United States, the establishment of the troops raised under the resolves of the United States in congress assembled, and for other purposes therein mentioned," passed the twenty-ninth day of September, one thousand seven hundred and Noncommis- eighty-nine, be, and the same is, hereby repealed: Provided sioned officers always, That the noncommissioned officers and privates, contiand privates, nued and engaged under the aforesaid act of the twenty-ninth declining to re-enlist, may day of September, one thousand seven hundred and eighty-nine, be discharged, and who shall decline to re-enlist under the establishment made by this act, shall be discharged whenever the president of the Proviso ; the United States shall direct the same. Provided further, That the whole number whole number of nonconmissioned officers, privates and musiof troops not cians, in the service of the United States at any one time, either by virtue of this ac, 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 &c. to exceed 1,216. President may hundred and sixteen. call militia in § 15. That for the purpose of aiding the troops now in seraid of the reg- vice, or to be raised by this act, in protecting the inhabitants of ular troops, &c. the frontiers of the United States, the president is hereby authorized to call into service, from 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 abovementioned, and they shall be subject to the rules and articles of war. [Approved, April 30, 1790.] CHAP. 38. [11] An act to prescribe the mode in which the public acts, Vol. ii. p. 947. records, and judicial proceedings, in each state, shall be anthenticated so as to take effect in every other state. § 1. Be it enacted, &c. That the acts of the legislatures of the Legislative several states shall be authenticated by having the seal of their acts authenticated by state respective states affixed thereto: That the records and judicial seal. proceedings of the courts of any state shall be proved or admit- Judicial proted, in any other court within the United States, by the attesta- ceedings by clerk, seal, tion of the clerk, and the seal of the court annexed, if there be and certificate a seal, together with a certificate of the judge, chief justice, or of judge. presiding magistrate, as the case may be, that the said attestation is in due form. And the said records and judicial proceed- Faith and creings, authenticated as aforesaid, shall have such faith and credit dit in courts 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. [Approved, May 26, 1790.] CHAP. 39. [12.]. An act to provide for mitigating or remitting the forfeitures and penalties, accruing under the revenue laws, in certain cases therein mentioned. within the United States. Vol. 2.4. Expired. 257. Mitigation or remission of Judge to en quire, &c. § 1. Be it enacted, &c. That whenever any person who now is, or hereafter shall be, liable to a fine, penalty, or forfeiture, penalties, &c. 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 forfei- Petition to ture, may have accrued, truly and particularly setting forth the district judge. circumstances of his case, and shall pray that the saine may be mitigated or remitted; the said judge shall enquire, 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 enquiry, to be stated and annexed to the petition, and direct their transmission to the secretary of the treasury of the United States, Secretary of who shall thereupon have power to mitigate or remit such fine, the treasury penalty, or forfeiture, or any part thereof, if in his opinion the may remit, same was incurred without wilful negligence or any intention of fraud, and to direct the prosecution, if any shall have been instituted for the recovery thereof, to cease and be discontinued, upon such terms or conditions as he may deem reasonable and just. &c. |
