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37. SECT. IV. Any person who shall knowingly and willingly obstruct or hinder such claimant, his agent or attorney in so seizing or arresting such fugitive from labor, or shall rescue such fugitive from such claimant, his agent or attorney when so arrested pursuant to the authority herein given or declared; or shall harbor or conceal such person after notice that he or she was a fugitive from labor, as aforesaid, shall, for either of the said offences, forfeit and pay the sum of five hundred dollars. Which penalty may be recovered by and for the benefit of such claimant, by action of debt, in any court proper to try the same; saving moreover to the person claiming such labor or service, his right of action for or on account of the said injuries or either

of them.

ACT of June 5, 1794. (Vol. III. p. 88.)

38. SECT. I. If any citizen of the united states shall, within the territory or jurisdiction of the same, accept and exercise a commission to serve a foreign prince or state in war, by land or sea, the person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not more than two thousand dollars, and shall be imprisoned not exceeding three years.

39. SECT. II. If any person shall within the territory or jurisdiction of the united states, inlist or enter himself, or hire or retain another person to inlist or enter himself, or to go beyond the limits or jurisdiction of the united states, with intent to be inlisted or entered in the service of any foreign prince or state as a soldier, or as a marine or seaman on board of any vessel of war, letter of marque or privateer, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding one thousand dollars, and be imprisoned not exceeding three years. Provided, That this shall not be construed to extend to any subject or citizen of a foreign prince or state, who shall transiently be within the united states, and shall on board of any vessel of war, letter of marque or privateer, which, at the time of its arrival within the united states, was fitted and equipped as such, inlist or enter himself, or hire or retain another subject or citizen of the same foreign prince or state, who is transiently within the united states, to inlist or enter himself to serve such prince or state on board such vessel of war, letter of marque or privateer, if the united states shall then be at peace with such prince or state. And provided further, That if any person so inlisted, shall, within thirty days after such inlistment, voluntarily discover, upon oath, to some justice of the peace, or other civil magistrate, the person or persons by whom he was so inlisted, so as that he or they may be apprehended and convicted of the said offence; such person so discovering the offender or offenders, shall be indemnified from the penalty prescribed by this act̃.

40. SECT. III. If any person shall, within any of the ports, harbors, bays, rivers, or other waters of the united states, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly be concerned in the furnishing, fitting out or arming of any ship or vessel, with intent that such ship or vessel shall be employed in the service of any foreign prince or state, to cruise or commit hostili

ties upon the subjects, citizens or property of another foreign prince or state, with whom the united states are at peace, or shall issue or deliver a commission within the territory or jurisdiction of the united states, for any ship or vessel, to the intent that she may be employed as aforesaid, every such person, so offending, shall, upon conviction, be adjudged guilty of a high misdemeanor, and shall be fined and imprisoned at the discretion of the court in which the conviction shall be had, so as the fine to be imposed shall in no case be more than five thousand dollars, and the term of imprisonment shall not exceed three years, and every such ship or vessel, with her tackle, apparel and furniture, together with all materials, arms, ammunition and stores, which may have been procured for the building and equipment thereof, shall be forfeited, one half to the use of any person who shall give information of the offence, and the other half to the use of the united states.

41. SECT. IV. If any person shall within the territory or jurisdiction of the united states, increase or augment, or procure to be increased or augmented, or shall be knowingly concerned in increasing or augmenting the force of any ship of war, cruiser or other armed vessel which at the time of her arrival within the united states, was a ship of war, cruiser or armed vessel in the service of a foreign prince or state, or belonging to the subjects or citizens of such prince or state, the same being at war with another foreign prince or state with whom the united states are at peace, by adding to the number or size of the guns of such vessel prepared for use, or by the addition thereto of any equipment solely applicable to war, every such person so offending shall, upon conviction, be adjudged guilty of a misdemeanor, and shall be fined and imprisoned at the discretion of the court, in which the conviction shall be had, so as that such fine shall not exceed one thousand dollars, nor the term of imprisonment be more than one year.

42. SECT. V. If any person shall within the territory or jurisdiction of the united states, begin or set on foot, or provide or prepare the means for any military expedition or enterprize to be carried on from thence against the territory or dominions of any foreign prince or state with whoin the united states are at peace, every such person so offending, shall, upon conviction, be adjudged guilty of a high misdemeanor, and shall suffer fine and imprisonment at the discretion of the court in which the conviction shall be had, so as that such fine shall not exceed three thousand dollars, nor the term of imprisonment be more than three years.

43. SECT. VI. The district courts shall take cognizance of conplaints, by whomsoever instituted, in cases of captures made within the waters of the united states, or within a marine league of the coasts or shores thereof.

44. SECT. VII. In every case in which a vessel shall be fitted out and arnied, or attempted so to be fitted out or armed, or in which the force of any vessel of war, cruiser or other armed vessel shall be increased or augmented, or in which any military expedition or enterprize shall be begun or set on foot contrary to the prohibitions and provisions of this act; and in every case of the capture of a ship or vessel

within the jurisdiction or protection of the united states as above defined, and in every case in which any process issuing out of any court of the united states, shall be disobeyed or resisted by any person or persons having the custody of any vessel of war, cruiser or other armed vessel of any foreign prince or state, or of the subjects or citizens of such prince or state: In every such case it shall be lawful for the president of the united states, or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces of the united states, or of the militia thereof as shall be judged necessary for the purpose of taking possession of, and detaining any such ship or vessel, with her prize or prizes, if any, in order to the execu tion of the probibitions and penalties of this act, and to the restoring such prize or prizes, in the cases in which restoration shall have been adjudged, and also for the purpose of preventing the carrying on of any such expedition or enterprize from the territories of the united states against the territories or dominiors of a foreign prince or state, with whom the united states are at peace.

SECT. VIII. It shall be lawful for the president of the united states, or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces of the united states or of the militia thereof, as shall be necessary to compel any foreign ship, or vessel, to depart the united states, in all cases in which by the laws of nations or the treaties of the united states they ought not to remain within the united states.

45. SFCT. IX. Nothing in the foregoing a&t shall be construed to prevent the prosecution or punishment of treason or any piracy defined by a treaty or other law of the united states. [Sec postea 47.]

Note. SECT. X. Limits this act to two years from the passing and thence to the end of the next session; which by an act passed March 2, 1797, (Vol. III. p. 381) was further continued for two years, and thence to the end of the next session; and by an act passed April 24, 1800, (Vol. V. p. 123) was rendered perpetual.

ACT of June 14, 1797. (Vol. IV. p. 3.)

46. SECT. I. If any citizen or citizens of the united states shall, without the limits of the same, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly aid or be concerned in the furnishing, fitting out or arming any private ship or vessel of war, with intent that such ship or vessel shall be employed to cruise or commit hostilities, upon the subjects, citizens, or property of any prince or state with whom the united states are at peace, or upon the citizens of the united states, or their property, or shall take the command of, or enter on board of any such ship or vessel for the intent aforesaid, or shall purchase an interest in any vessel so fitted out and armed, with a view to share in the profits thereof, such person or persons, so offending shall, on conviction thereof, be adjudged guilty of a high misdemeanor, and shall be praished by a fine not exceeding ten Mousand collars, and imprisonment not exceeding ten years: And the

trial for such offence, if committed without the limits of the united states, shall be in the district where the offender shall be apprehended or first brought.

47. SECT. II. Nothing in the foregoing act shall be construed to prevent the prosecution or punishment of treason, or any piracy defined by a treaty or other law of the united states. [See antea 45.]

ACT of January 30, 1799. (Vol. IV. p. 243.)

48. If any person, being a citizen of the united states, whether he be actually resident, or abiding within the united states, or in any foreign country, shall, without the permission or authority of the government of the united states, directly or indirectly, commence, or carry on, any verbal or written correspondence or intercourse with any foreign government, or any officer or agent thereof, with an intent to influence the measures or conduct of any foreign government, or of any officer or agent thereof, in relation to any disputes or controversies with the united states, or defeat the measures of the government of the united states; or if any person, being a citizen of, or resident within the united states, and not duly authorized, shall counsel, advise, aid or assist in any such correspondence, with intent, as aforesaid, he or they shall be deemed guilty of a high misdemeanor, and on conviction before any court of the united states having jurisdiction thereof, shall be punished by a fine not exceeding five thousand dollars, and by imprisonment during a term not less than six months, nor exceeding three years: Provided always, that nothing in this act contained shall be construed to abridge the right of individual citizens of the united states to apply, by themselves, or their lawful agents, to any foreign government, or the agents thereof, for the redress of any injuries in relation to person or property which such individuals may have sustained from such government, or any of its agents, citizens or subjects.

Bankrupt.

* [See Arsenals and Magazines, 10, 11. Bank, 7, 8, 12. Indian nations. Judiciary, 33. Mint, 19. Post-office and Post-roads. President, 8. Seamen.]

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