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Contracts for reception, etc., in

persons delivered from seized vessels.

1, v. 12, p. 592.

and persons of color delivered from on board vessels seized in the prosecution of the slave-trade; and they shall afterward bring the captured vessels and persons engaged in prosecuting such trade to the United States for trial and adjudication.

SEC. 5568. It may be lawful for the President to enter West Indies, of into arrangement, by contract or otherwise, with one or more foreign governments having possessions in the West Indies or other tropical regions, or with their duly constiJuly 17, 1862, 8. tuted agent, to receive from the United States, for a term not exceeding five years, at such place as may be agreed upon, all negroes, mulattoes, or persons of color, delivered from on board vessels seized in the prosecution of the slavetrade, by commanders of United States armed vessels, and to provide them with suitable instruction, and with comfortable clothing and shelter, and to employ them, at wages, under such regulations as may be agreed upon, for a period not exceeding five years from the date of their being landed at the place agreed upon. But the United States shall incur no expenses on account of such negroes, mulattoes, or persons of color, after having landed them at the place agreed upon. And any arrangement so made may be renewed by the President from time to time, as may be found necessary, for periods not exceeding five years on each renewal.

Instructions to commanders armed vessels.

Ibid., s. 2.

of

SEC. 5569. The President is authorized to issue instructions to the commanders of the armed vessels of the United

See sec. 2158. States, directing them, whenever it is practicable, and under such regulations as he may prescribe, to proceed directly to such place as shall have been agreed upon with any foreign government, or its duly constituted agent, under the provisions of the preceding section, and there deliver to the duly constituted authorities or agents of such foreign government all negroes, mulattoes, or persons of color, taken from on board vessels seized in the prosecution of the slave trade; and they shall afterward bring the vessel and persons engaged in prosecuting such trade to the United States for trial and adjudication.

Feb. 26, 1885.

unlawful.

That from and after the passage of this act it shall be 23 Stat. L., 32, unlawful for any person, company, partnership, or corpoforeigneration, in any manner whatsoever, to prepay the transporgrants undertation, or in any way assist or encourage the importation contract for labor or migration of any alien or aliens, any foreigner or forR. S.,secs.2158-eigners, into the United States, its Territories, or the District 1875, Mar. 3, ch. of Columbia, under contract or agreement, parol or special, 141, p. 86; 1882, express or implied, made previous to the importation or 370; 1887. Feb.23, migration of such alien or aliens, foreigner or foreigners, ch. 220:1891, Mar to perform labor or service of any kind in the United States, its Territories, or the District of Columbia.

2164.

Aug. 3, ch. 376, p.

3. ch. 551, pp. 541,

934.

Such contracts hereafter void. See note 1.

SEC. 2. That all contracts or agreements, express or implied, parol or special, which may hereafter be made by and between any person, company, partnership, or corporation, and any foreigner or foreigners, alien or aliens, to perform labor or service or having reference to the perform

Note 1.-See sections 6-10 added to this act by 1887, Feb. 23, ch. 220, p. 541.

t

ance of labor or service by any person in the United States, its Territories, or the District of Columbia previous to the migration or importation of the person or persons whose labor or service is contracted for into the United States, shall be utterly void and of no effect.

lation of act.

28 Fed. Rep.,

709; 41 Fed. Rep.,

115; 45 Fed. Rep.,

SEC. 3. That for every violation of any of the provisions, Penalty for vioof section one of this act the person, partnership, company, 1888, Oct. 19,ch. or corporation violating the same, by knowingly assisting, 1210, par. 1, p. 633. encouraging or soliciting the migration or importation of 796; 36 Fed. Rep., any alien or aliens, foreigner or foreigners, into the United 303; 40 Fed. Rep., States, its Territories, or the District of Columbia, to per- 751; 43 Fed. Rep., form labor or service of any kind under contract or agree- 44; 19 Opins., 344. ment, express or implied, parol or special, with such alien or aliens, foreigner or foreigners, previous to becoming residents or citizens of the United States, shall forfeit and pay for every such offence the sum of one thousand dollars, which may be sued for and recovered by the United States or by any person who shall first bring his action therefor including any such alien or foreigner who may be a party to any such contract or agreement, as debts of like amount are now recovered in the circuit courts of the United States; the proceeds to be paid into the Treasury of the United States; and separate suits may be brought for each alien or foreigner being a party to such contract or agreement aforesaid. And it shall be the duty of the district attorney of the proper district to prosecute every such suit at the expense of the United States.

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SEC. 4. That the master of any vessel who shall knowingly bring within the United States on any such vessel, and land, or permit to be landed, from any foreign port or place, any alien laborer, mechanic, or artisan who, previous to embarkation on such vessel, had entered into contract or agreement, parol or special, express or implied, to perform labor or service in the United States, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not more than five hundred dollars for each and every such alien laborer, mechanic or artisan so brought as aforesaid, and may also be imprisoned for a term not exceeding six months.

Master of vesbringing such emigrant laborer,how punished. 1891, Mar. 3, ch.

sel, knowingly

551, s. 8, p. 935,

eigners as pri

SEC. 5. That nothing in this act shall be so construed as Foreigners temto prevent any citizen or subject of any foreign country United States temporarily residing in the United States, either in private may engage foror official capacity, from engaging, under contract or other- vate secretaries, wise, persons not residents or citizens of the United States servants, etc. to act as private secretaries, servants, or domestics for such foreigner temporarily residing in the United States as

aforesaid;

men on new in

when

Nor shall this act be so construed as to prevent any per- Skilled workson, or persons, partnership, or corporation from engaging, dustries, under contract or agreement, skilled workman in foreign excepted. countries to perform labor in the United States in or upon any new industry not at present established in the United States:

etc., and serv

Provided, That skilled labor for that purpose can not be -also artists, otherwise obtained; nor shall the provisions of this act ants. 1891, Mar. 3, apply to professional actors, artists, lecturers, or singers, ch. 551, s. 5, p. 935.

--and relatives. nor to persons employed strictly as personal or domestic servants:

Repeal.

Provided, That nothing in this act shall be construed as prohibiting any individual from assisting any member of his family or any relative or personal friend, to migrate from any foreign country to the United States, for the purpose of settlement here.

SEC. 6. That all laws or parts of laws conflicting herewith be, and the same are hereby, repealed.

Title 16.

Sec.

TREASON, REBELLION, CONSPIRACY, AND INSUR

1642. Militia to be called out.

1643. Apportioned among States.
1644. Subject to rules of war.

Arms to be furnished.

RECTION.

1033. Copy of indictment, etc., to be fur-
nished.

1034. Entitled to counsel.

2111. Sending seditious messages; pen.
alty.

2112. Carrying seditious messages; pen-
alty.

2113. Correspondence with foreign na-
tions to excite Indians to war;
penalty.

5297. Insurrection against a State gov

ernment.

5298. Insurrection against the Govern-
ment of the United States.

5299. Power to suppress insurrection in
violation of civil rights.

5300. Proclamation to insurgents to dis-
perse.
5331. Treason.

Sec.

5332. Punishment of treason.
5333. Misprision of treason.

5334. Inciting or engaging in rebellion or
insurrection.

Act May 13, 1884. Officers of Confeder-
ate States, etc., disqualified.
5335. Criminal correspondence with for-
eign governments.

5336. Seditious conspiracy.
5337. Recruiting soldiers or sailors to
serve against the United States.
5338. Enlistment to serve against the
United States.

5406. Conspiring to intimidate witnesses,
etc.

5407. Conspiracy to defeat the enforce ment of the laws.

5440. All parties to a conspiracy equally guilty.

5518. Conspiracy to prevent holding office. 5519. Conspiracy to deprive any person of equal protection of the laws.

SEC. 1642. Whenever the United States are invaded, or Orders of Pres- are in imminent danger of invasion from any foreign nation ident in case of or Indian tribe, or of rebellion against the authority of the Feb. 28, 1795, s. Government of the United States, it shall be lawful for

invasion.

1, v. 1, p. 424.

Militia, how

apportioned.

the President to call forth such number of the militia of the State or States, most convenient to the place of danger, or scene of action, as he may deem necessary to repel such invasion, or to suppress such rebellion, and to issue his orders for that purpose to such officers of the militia as he may think proper.

SEC. 1643. When the militia of more than one State is July 17, 1862, s. called into the actual service of the United States by the President, he shall apportion them among such States according to representative population.

1, v. 12, p. 597.

Subject to rules

of war.

SEC. 1644. The militia, when called into the actual servFeb. 28, 1795, s. ice of the United States for the suppression of rebellion 4. v.1. p. 424; July against and resistance to the laws of the United States, shall be subject to the same rules and articles of war as the regular troops of the United States.

29, 1861, s. 3. v. 12, p. 282.

Mar. 3, 1879.

That upon the request of the head of any Department, Arms to be fur- the Secretary of War be, and he hereby is, authorized and nished for protec- directed to issue arms and ammunition whenever they may tion of public property. be required for the protection of the public money and property, and they may be delivered to any officer of the Department designated by the head of such Department,

Mar. 3, 1879, ch. 183, v. 20, p.

410.

to be accounted for to the Secretary of War, and to be returned when the necessity for their use has expired.

See note 1.

jurors and wit

Apr. 30, 1790, 8.

SEC. 1033. When any person is indicted of treason, a Title 13,chap. 18. copy of the indictment and a list of the jury, and of the Copy of indictwitnesses to be produced on the trial for proving the in- ment and list of dictment, stating the place of abode of each juror and nesses. witness, shall be delivered to him at least three entire days 29, v. 1, p. 118. before he is tried for the same. When any person is indicted of any other capital offense, such copy of the indictment and list of the jurors and witnesses shall be delivered to him at least two entire days before the trial.

to compel wit

SEC. 1034. Every person who is indicted of treason, or Persons indictother capital crime, shall be allowed to make his full crimes entitled ed for capital defense by counsel learned in the law; and the court to counsel and before which he is tried, or some judge thereof, shall im- nesses. mediately, upon his request, assign to him such counsel, Idem. not exceeding two, as he may desire, and they shall have free access to him at all seasonable hours. He shall be allowed, in his defense, to make any proof that he can produce by lawful witnesses, and shall have the like process of the court to compel his witnesses to appear at his trial, as is usually granted to compel witnesses to appear on behalf of the prosection.

tious messages;
penalty.
June 30, 1834, s.
v. 4, p. 731.

13,

Carrying sedi penalty. Idem, s. 14.

tious messages;

SEC. 2111. Every person who sends any talk, speech, Title 28, chap. 3. message, or letter to any Indian nation, tribe, chief, or Sending sedi individual, with an intent to produce a contravention or infraction of any treaty or law of the United States, or to disturb the peace and tranquility of the United States, is liable to a penalty of two thousand dollars. SEC. 2112. Every person who carries or delivers any talk, message, speech, or letter, intended to produce a contravention or infraction of any treaty or law of the United States, or to disturb the peace or tranquility of the United States, knowing the contents thereof, to or from any Indian nation, tribe, chief, or individual, from or to any person or persons whatever, residing within the United States, or from or to any subject, citizen, or agent of any foreign power or state, is liable to a penalty of one thousand dollars.

to

with foreign na

tions, to excite

Indians to war;
penalty.

Idem, s. 15.
See sec. 5335.

SEC. 2113. Every person who carries on a correspondence, Correspondence by letter or otherwise, with any foreign nation or power, with an intent to induce such foreign nation or power excite any Indian nation, tribe, chief, or individual, to war against the United States, or to the violation of any existing treaty; or who alienates, or attempts to alienate, the confidence of any Indian or Indians from the Government of the United States, is liable to a penalty of one thousand dollars.

Note 1.-The President's proclamation, Aug. 20, 1866, 14 Stat., 817, was an authoritative declaration that the rebellion was suppressed, and it is to be so regarded on and after that date. The recognition and adoption of the time so designated in the act or March 2, 1867, 14 Stat., 428, gives to it the force and sanction of positive law, and makes it binding and conclusive on the courts. (C. C., IV, p. 1. See Wallace, 12, p. 700.)

Title 69.

government.

1, v. 1, p. 421;

SEC. 5297. In case of an insurrection in any State against Insurrection the government thereof, it shall be lawful for the President, against a State on application of the legislature of such State, or of the Feb. 28, 1795, s. executive, when the legislature cannot be convened, to call Mar. 3, 1807, v. 2, forth such number of the militia of any other State or States, which may be applied for, as he deems sufficient to suppress such insurrection; or, on like application, to employ, for the same purposes, such part of the land or naval forces of the United States as he deems necessary.

p. 443.

Insurrection against the Gov

United States.

July 29, 1861, s. 1, v. 12, p. 281.

SEC. 5298. Whenever, by reason of unlawful obstructions, ernment of the combinations, or assemblages of persons, or rebellion against the authority of the Government of the United States, it shall become impracticable, in the judgment of the President, to enforce, by the ordinary course of judicial proceedings, the laws of the United States within any State or Territory, it shall be lawful for the President to call forth the militia of any or all the States, and to employ such parts of the land and naval forces of the United States as he may deem necessary to enforce the faithful execution of the laws of the United States, or to suppress such rebellion, in whatever State or Territory thereof the laws of the United States may be forcibly opposed, or the execution thereof forcibly obstructed.

Power to suppress insurrec

Apr. 20, 1871, s. 3, v. 17, p. 14.

SEC. 5299. Whenever insurrection, domestic violence, tion in violation unlawful combinations, or conspiracies in any State so of civil rights. obstructs or hinders the execution of the laws thereof, and of the United States, as to deprive any portion or class of the people of such State of any of the rights, privileges, or immunities, or protection, named in the Constitution and secured by the laws for the protection of such rights, privileges, or immunities, and the constituted authorities of such State are unable to protect, or, from any cause, fail in or refuse protection of the people in such rights, such facts shall be deemed a denial by such State of the equal protection of the laws to which they are entitled under the Constitution of the United States; and in all such cases, or whenever any such insurrection, violence, unlawful combination, or conspiracy, opposes or obstructs the laws of the United States, or the due execution thereof, or impedes or obstructs the due course of justice under the same, it shall be lawful for the President, and it shall be his duty, to take such measures, by the employment of the militia or the land and naval forces of the United States, or of either, or by other means, as he may deem necessary, for the suppression of such insurrection, domestic violence, or combinations.

Proclamation to insurgents to disperse.

SEC. 5300. Whenever, in the judgment of the President, it becomes necessary to use the military forces under this July 29, 1961, 8. Title, the President shall forthwith, by proclamation, command the insurgents to disperse and retire peaceably to their respective abodes, within a limited time.

2, v. 12, p. 282.

Title 70, chap. 2.

Treason.

Apr. 30, 1790, s. 1, v. 1, p. 112.

SEC. 5331. Every person owing allegiance to the United States who levies war against them, or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason.

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