Title 70, chap. 1.

SEC. 5325. The manner of inflicting the punishment of Punishment of death shall be by hanging. death by hang

ing.

See sec. 5340.

Apr. 30, 1790, s.

33, v. 1, p. 119.

No conviction

to work corrup

SEC. 5326. No conviction or judgment shall work corrup

tion of blood or tion of blood or any forfeiture of estate.

forfeiture of es

Feb. 28, 1839, s.

5, v. 5, p. 322.

Jurisdiction of

State courts.

SEC. 5327. The punishment of whipping and of standing in the pillory shall not be inflicted.

SEC. 5328. Nothing in this Title shall be held to take Mar. 3, 1795, s. away or impair the jurisdiction of the courts of the several States under the laws thereof.

26, v. 4, p. 122.

Benefit of

SEC. 5329. The benefit of clergy shall not be used or Apr. 30, 1790, s. allowed, upon conviction of any crime for which the pun

clergy.

31, v. 1. p. 119.

Pardoning

power.

1, v. 12, p. 656.

ishment is death.

SEC. 5330. Whenever, by the judgment of any court or juFeb. 20, 1863, s. dicial officer of the United States, in any criminal proceeding, any person is sentenced to two kinds of punishment, the one pecuniary and the other corporal, the President shall have full discretionary power to pardon or remit, in whole or in part, either one of the two kinds, without, in any manner, impairing the legal validity of the other kind, or of any portion of either kind, not pardoned or remitted. SEC. 5339. Every person who commits murderFirst. Within any fort, arsenal, dock-yard, magazine, or in any other place or district of country under the exclusive 3, 1825, s. 4, v. 4, jurisdiction of the United States;

Title 70, chap. 3.

Murder.

Apr. 30, 1790, s.

3, v.1, p. 113; Mar.

p. 115.

See sec. 5326.

Delivery of of fender's body for

4, v. 1, p. 113.

Second. Or upon the high seas, or in 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;

Third. Or who upon any of such waters maliciously strikes, stabs, wounds, poisons, or shoots at any other person, of which striking, stabbing, wounding, poisoning, or shooting, such other person dies, either on land or at sea, within or without the United States, shall suffer death.

SEC. 5340. The court before which any person is condissection, when. Victed of murder, may, in its discretion, add to the judg Apr. 30, 1700, 8. ment of death, that the body of the offender be delivered to a surgeon for dissection; and the marshal who executes such judgment shall deliver the body, after execution, to such surgeon as the court may direct; and such surgeon, or some person by him appointed, shall receive and take away the body at the time of execution.

Manslaughter. Ibid., s. 7; Mar.

p. 250.

SEC. 5341. Every person who, within any of the places 3, 157, s. 1, v. 11, or upon any of the waters described in section fifty-three hundred and thirty-nine, unlawfully and wilfully, but without malice, strikes, stabs, wounds, or shoots at, or otherwise injures another, of which striking, stabbing, wounding, shooting, or other injury such other person dies, either on land or sea, within or without the United States, is guilty of the crime of manslaughter.

commit murder

SEC. 5342. Every person who, within any of the places Attempt to or upon any of the waters described in section fifty-three or manslaughter. hundred and thirty-nine, attempt to commit the crime of, Mar. 3, 1857, s. murder or manslaughter, by any means not constituting the offense of assault with a dangerous weapon, shall be punished by imprisonment, with or without hard labor, not more than three years, and by a fine of not more than one thousand dollars.

2, v. 11, p. 250.

manslaughter.

SEC. 5343. The punishment of manslaughter shall be im-Punishment of prisonment, not exceeding ten years and a fine not exceeding Apr. 30, 1790, s. one thousand dollars, except as otherwise specially provided by law.

Mar. 3, 1857, 8.

s.

3, v. 11, p. 250; Mar. 3, 1875, ss. 1, 2, v. 18, p. 138.

owners of steam

duct, etc., life is

SEC. 5344. Every captain, engineer, pilot, or other person Officers and employed on any steamboat or vessel, by whose misconduct, boats through negligence, or inattention to his duties on such vessel, the whose miscon life of any person is destroyed, and every owner, inspector, lost, guilty of or other public officer, through whose fraud, connivance, Feb. 28, 1871, s. manslaughter. misconduct, or violation of law, the life of any person is 57, v. 16, p. 456. destroyed, shall be deemed guilty of manslaughter, and, upon conviction thereof before any circuit court of the United States, shall be sentenced to confinement at hard labor for a period of not more than ten years.

SEC. 5345. Every person who, within any of the places or upon any of the waters specified in section fifty-three hundred and thirty-nine, commits the crime of rape shall suffer death.

Rape.

Mar. 3, 1825, 8. 4, v. 4, p. 115.

Assault with a dangerous

weapon.

121.

SEC. 5346. Every person who, upon 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,,Ibid., s. 22, p. and out of the jurisdiction of any particular State, on board any vessel belonging in whole or part to the United States, or any citizen thereof, with a dangerous weapon, or with intent to perpetrate any felony, commits an assault on another shall be punished by a fine of not more three thousand dollars, and by imprisonment at hard labor not more than three years.

of crew by off

3, v. 4, p. 776.

SEC. 5347. Every master or other officer of any American Maltreatment vessel on the high seas, or on any other waters within the cers of vessels. admiralty and maritime jurisdiction of the United States,, Mar. 3. 1835, 8. who, from malice, hatred, or revenge, and without justifiable cause, beats, wounds, or imprisons any of the crew of such vessel, or withholds from them suitable food and nourishment, or inflicts upon them any cruel or unusual punishment, shall be punished by a fine of not more than one thousand dollars, or by imprisonment not more than five. years, or by both.

13, v. 1, p. 115.

SEC. 5348. Every person who, within any of the places, Apr. 30, 1790, s. upon the land under the exclusive jurisdiction of the United States, or who, upon the high seas, in any vessel belonging to the United States, or to any citizen thereof, maliciously cuts off the ear, cuts out or disables the tongue, puts out an eye, slits the nose, cuts off the nose or lip, or cuts off or disables any limb or member of any person, with intent to maim or disfigure such person, shall be imprisoned at hard

Title 70, chap. 3.

felony.

6, v. 1, p. 113.

labor not more than seven years, and fined not more than one thousand dollars.

SEC. 5390. Every person who, having knowledge of the Misprision of actual commission of the crime of murder or other felony Apr. 30, 1790, s. upon the high seas, or within any fort, arsenal, dock-yard, magazine, or other place or district of country under the exclusive jurisdiction of the United States, conceals, and does not as soon as may be disclose and make known the same to some one of the judges or other persons in civil or military authority under the United States, is guilty of misprision of felony, and shall be imprisoned not more than three years, and fined not more than five hundred dollars. SEC. 5391. If any offense be committed in any place places ceded to which has been or may hereafter be, ceded to and under United States, the jurisdiction of the United States, which offense is not how punished. Mar. 3, 1825, s. prohibited, or the punishment thereof is not specially pro3. v. 4, p. 115; Apr. 5, 1866, s. 2, vided for, by any law of the United States, such offense shall be liable to, and receive, the same punishment as the laws of the State in which such place is situated, now in force, provide for the like offense when committed within the jurisdiction of such State; and no subsequent repeal of any such State law shall affect any prosecution for such offense in any court of the United States.

Certain offenses committed in

v. 14, p. 13.

Title 15,chap.10.

SEC. 1624. ART. 4. The punishment of death, or such Mutiny in the other punishment as a court-martial may adjudge, may be July 17, 1862, s. inflicted on any person in the naval service

Navy.

1, v. 12, p. 600.

Title 70, chap. 3.

or mutiny on

2. v. 4, p. 776;

12, v. 1. p. 115.

First. Who makes, or attempts to make, or unites with any mutiny or mutinous assembly, or, being witness to or present at any mutiny, does not do his utmost to suppress it; or, knowing of any mutinous assembly or of any intended mutiny, does not immediately communicate his knowledge to his superior or commanding officer;

SEC. 5359. If any one of the crew of any American vessel Inciting revolt on the high seas, or other waters within the admiralty and shipboard. maritime. jurisdiction of the United States, endeavors to Mar. 3, 1835, s. make a revolt or mutiny on board such vessel, or combines, Apr. 30, 1790, s. conspires, or confederates with any other person on board to make such revolt or mutiny, or solicits, incites, or stirs up any other of the crew to disobey or resist the lawful orders of the master, or other officer of such vessel, or to refuse or neglect their proper duty on board thereof, or to betray their proper trust, or assembles with others in a tumultuous and mutinous manner, or makes a riot on board thereof, or unlawfully confines the master, or other commanding officer thereof, he shall be punished by a fine of not more than one thousand dollars, or by imprisonment not more than five years, or by both such fine and impris

Revolt and mu

tiny on shipboard.

s.

1. v, 4. p.775; Apr.

onment.

SEC. 5360. If any one of the crew of an American vessel on the high seas, or on any other waters within the admiMar. 3, 1835, 8. ralty and maritime jurisdiction of the United States, unlaw30, 1790, s. 8, v. 1. fully and with force, or by fraud, or intimidation, usurps the command of such vessel from the master or other lawful officer in command thereof, or deprives him of authority

p. 113.

and command on board, or resists or prevents him in the free and lawful exercise thereof, or transfers such authority and command to another not lawfully entitled thereto, he is guilty of a revolt and mutiny, and shall be punished by a fine of not more than two thousand dollars, and by imprisonment at hard labor not more than ten years.

Title 30.

Aliens, how

naturalized.

intention.

ss. 1, 3, v. 2, pp.

69; Feb. 1, 1876,

SEC. 2165. An alien may be admitted to become a citizen of the United States in the following manner, and not otherwise: First. He shall declare on oath, before a circuit or district, Declaration of court of the United States, or a district or supreme court of Apr. 14, 1802, the Territories, or a court of record of any of the States 153, 155; May 26, having common-law jurisdiction, and a seal and clerk, two 1824, s. 4, v. 4. p. years, at least, prior to his admission, that it is his bona ch. 5, v. 19, p. 2. fide intention to become a citizen of the United States, and See Citizenship, referring to to renounce forever all allegiance and fidelity to any foreign Chinese. prince, potentate, state, or sovereignty, and, particularly, by name, to the prince, potentate, state, or sovereignty of which the alien may be at the time a citizen or subject. Second. He shall, at the time of his application to be Oath to sup admitted, declare, on oath, before some one of the courts tution of the above specified, that he will support the Constitution of United States. the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state, or sovereignty; and, particularly, by name, to the prince, potentate, state, or sovereignty of which he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court.

port the Consti

Residence in

United States, or

Third. It shall be made to appear to the satisfaction of the court admitting such alien that he has resided within States, and good the United States five years at least, and within the State moral character. or Territory where such court is at the time held, one year at least; and that during that time he has behaved as a man of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same; but the oath of the applicant shall in no case be allowed to prove his residence.

of no

Titles bility to be 10

Fourth. In case the alien applying to be admitted to citizenship has borne any hereditary title, or been of any of nounced. the orders of nobility in the kingdom or state from which, Apr. 14, 1802, s. he came, he shall, in addition to the above requisites, make an express renunciation of his title or order of nobility in

1, v. 2, p. 153.

July 26, 1894.

207.

the court to which his application is made, and his renunciation shall be recorded in the court.

Any alien of the age of twenty-one years and upward who Supp. R. S., has enlisted or may enlist in the United States Navy or 1892-95, pp. 206- Marine Corps, and has served or may hereafter serve five Naturalization consecutive years in the United States Navy or one enlistof aliens serving ment in the United States Marine Corps, and has been or in Navy or Marine Corps. may hereafter be honorably discharged, shall be admitted R. S., sec. 2166. to become a citizen of the United States upon his petition, without any previous declaration of his intention to become such; and the court admitting such alien shall, in addition to proof of good moral character, be satisfied by competent proof of such person's service in and honorable discharge from the United Stat3 Navy or Marine Corps.

Minor resi.

dents.

1, v. 4, p. 69.

SEC. 2167. Any alien, being under the age of twenty-one May 26, 1824, s. years, who has resided in the United States three years next preceding his arriving at that age, and who has continued to reside therein to the time he may make application to be admitted a citizen thereof, may, after he arrives at the age of twenty-one years, and after he has resided five years within the United States, including the three years of his minority, be admitted a citizen of the United States, without having made the declaration required in the first condition of section twenty-one hundred and sixty-five; but such alien shall make the declaration required therein at the time of his admission; and shall further declare, on oath, and prove to the satisfaction of the court, that, for two years next preceding, it has been his bona fide intention to become a citizen of the United States; and he shall in all other respects comply with the laws in regard to naturalization.

Widow and children of declarants.

2, v. 2, p. 293.

SEC. 2168. When any alien, who has complied with the first condition specified in section twenty-one hundred and Mar. 26, 1804, s. sixty-five, dies before he is actually naturalized, the widow and the children of such alien shall be considered as citizens of the United States, and shall be entitled to all rights and privileges as such, upon taking the oaths prescribed by law.

Residence of five years in United States.

SEC. 2170. No alien shall be admitted to become a citizen who has hot for the continued term of five years next preMar. 3, 1813, s. ceding his admission resided within the United States.

12, v. 2, p. 811.

Alien enemies

not admitted.

July 30, 1813, ch. 36, v. 3, p. 53.

SEC. 2171. No alien who is a native citizen or subject, or Apr. 14, 1802, s. a denizen of any country, state, or sovereignty with which 1. v. 2, p. 153: the United States are at war, at the time of his application, shall be then admitted to become a citizen of the United States; * nor shall anything herein contained be taken or construed to interfere with or prevent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturalization of such alien.

sons naturalized under certain

zens.

Children of per.. SEC. 2172. The children of persons who have been duly naturalized under any law of the United States, or who, laws to be citi previous to the passing of any law on that subject, by the Apr. 14, 1802, s. Government of the United States, may have become citiens of any one of the States, under the laws thereof, being under the age of twenty-one years at the time of the natu

4, v. 2, p. 155.