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against the property of citizens of the United States, or aiding to do so; setting on foot any military expedition against United States authority, or aiding to do so, and accepting any commission, or letter of marque from the authorities of the so-called Confederate States, are declared felonies punishable by death or imprisonment, at the discretion of the jury. Attorneys in the State Courts are required to take an oath of allegiance to the United States; and the plaintiff in a civil action, if declared by the defendant to be disloyal, is required to take the same oath, in order to maintain his standing in Court. Persons making locations on the public lands, of the State are also required to take an oath of like character. Another act declares all public expressions of sympathy with the rebel cause to be misdemeanors punishable by fine or imprisonment, or both. These acts are herein given entire.

To the Federal and State enactments concerning treason and rebellion, is added the recent charge of Judge Field to the Grand Jury of the United States Circuit Court for the Northern District of California, together with citations from several opinions and authorities upon the subject under consideration. While the charge gives a brief and general statement of the law of treason, it does not purport to give a full exposition. Such exposition is found in the treatises of Foster, Hale, Hawkins, and East, in various decisions of the U. S. Supreme Court, and in opinions and charges of the Judges, from which citations are made. The debate in the Senate of the United States on the second section of the act of July 17th, 1862, is also given, as throwing light upon a class of offenses which are not therein designated as treason, and are not considered in the charge of Judge Field.

ACTS OF CONGRESS.

CHAP. XXXIII.-An Act to define and punish certain Conspiracies.-Approved July

31st, 1861. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if two or more persons within any State or Territory of the United States shall conspire together to overthrow, or to put down, or to destroy by force, the Government of the United States, or to levy war against the United States, or to oppose by force the authority of the Government of the United States; or by force to prevent, hinder, or delay the execution of any law of the United States ; or by force to seize, take, or possess any property of the United States against the will or contrary to the authority of the United States ; or by force, or intimidation, or threat to prevent any person from accepting or holding any office, or trust, or place of confidence, under the United States ; each and every person so offending shall be guilty of a high crime, and upon conviction thereof in any District or Circuit Court of the United States, having jurisdiction thereof, or District or Supreme Court of any Territory of the United States hav. ing jurisdiction thereof, shall be punished by a fine not less than five hundred dollars and not more than five thousand dollars; or by imprisonment, with or without hard labor, as the Court shall determine, for a period not less than six months nor greater than six years, or by both such fine and imprisonment.

CHAP. LVI.-An Act to punish certain Crimes against the United States. - Approved

August 6th, 1861. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any person shall be guilty of the act of recruiting soldiers or sailors in any State or Territory of the United States to engage in armed hostility against the United States, or who shall open a recruiting station for the enlistment of such persons, either as regulars or volunteers, to serve as aforesaid, shall be guilty of a high misdemeanor, and upon conviction in any Court of Record having jurisdiction of the offense, shall be fined a sum not less than two hundred dollars nor more than one thousand dollars, and confined and imprisoned for a period not less than one year nor more than five years.

SEC. 2. And be it further enacted, That the person so enlisted, or engaged as regular or volunteer, shall be fined in a like manner a sum of one hundred dollars, and imprisoned not less than one nor more than three years.

Chap. LX.-An Act to confiscate Property used for Insurrectionary Purposes.-Ap

proved August 6th, 1861. Be it enactəd by the Senate and House of Representatives of the United States of America in Congress assembled, That if, during the present or any future insurrection against the Government of the United States, after the President of the United States shall have declared, by proclamation, that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the Marshals by law, any person or persons, his, her, or their agent, attorney, or employé, shall purchase or acquire, sell or give, any property of whatsoever kind or description with intent to use or employ the same, or suffer the same to be used or employed, in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person or persons engaged therein; or if any person or persons, being the owner or owners of any such property, shall knowingly use or employ, or consent to the use or employment of the same as aforesaid, all such property is hereby declared to be lawful subject of prize and capture wherever found ; and · it shall be the duty of the President of the United States to cause the same to be seized, confiscated, and condemned.

SEC. 2. And be it further enacted, That such prizes and capture shall be condemned in the District or Circuit Court of the United States having jurisdiction of the amount, or in admiralty in any District in which the same may be seized, or into which they may be taken and proceedings first instituted.

Sec. 3. And be it further enacted, That the Attorney-General, or any District Attorney of the United States in which said property may at the time be, may institute the proceedings of condemnation, and in such case they shall be wholly for the benefit of the United States; or any person may file an information with such Attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts.

Sec. 4. And be it further enacted, That whenever hereafter, during the present insurrection against the Government of the United States, any person claimed to be held to labor or service under the law of any State, shall be required or permitted by the person to whom such labor or service is claimed to be due, or by the lawful agent of such person, to take up arms against the United States, or shall be required or permitted by the person to whom such labor or service is claimed to be due, or his lawful agent, to work or to be employed in or upon any fort, navy yard, dock, armory, ship, entrenchment, or in any military or naval service whatsoever, against the Government and lawful authority of the United States, then, and in every such case, the person to whom such labor or service is claimed to be due shall forfeit his claim to such labor, any law of the State or of the United States to the contrary notwithstanding. And whenever thereafter the person claiming such labor or service shall seek to enforce his claim, it shall be a full and sufficient answer to such claim that the person whose service or labor is claimed had been employed in hostile service against the Government of the United States, contrary to the provisions of this act.

CHAP. CIII.-An Act defining additional causes of Challenge and prescribing an

additional Oath for Grand and Petit Jurors in the United States Courts.

Approved June 17th, 1862. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in addition to the existing causes of disqualification and challenge of grand and petit jurors in the Courts of the United States, the following are hereby declared and established, namely: without duress and coercion to have taken up arms, or to have joined any insurrection and rebellion, against the United States ; to have adhered to any rebellion, giving it aid or comfort; to have given, directly or indirectly, any assistance in money, arms, horses, clothes, or any thing whatever, to or for the use or benefit of any person or persons whom the person giving such assistance knew to have joined, or to be about to join, any insurrection or rebellion, or to have resisted, or to be about to resist with force of arms, the execụtion of the laws of the United States, or whom he had good ground to believe had joined, or was about to join, any insurrection or rebellion, or had resisted, or was about to resist, with force of arms, the execution of the laws of the United States, and to have counseled and advised any person or persons to join any insurrection and rebellion, or to resist with force of arms the laws of the United States.

SEC. 2. And be it further enacted, That at each and every term of any Court of the United States, the District Attorney, or other person acting for and on behalf of the United States in said Court, may move, and the Court in their discretion may require the Clerk to tender to each and every person who may be summoned to serve as a grand or petit juror or venireman or talesman in said Court, the following oath or affirmation, viz. : “You do solemnly swear (or affirm, as the case may be) that you will support the Constitution of the United States of America; that you have not, without duress and constraint, taken up arms, or joined any insurrection or rebellion against the United States ; that you have not adhered to any insurrection or rebellion, giving it aid and comfort; that you have not, directly or indirectly, given any assistance in money, or any other thing, to any person or persons whom you knew, or had good ground to believe, had joined or was about to join, said insurrection and rebellion, or had resisted, or was about to resist, with force of arms, the execution of the laws of the United States; and that you have not counseled or advised any person or persons to join any rebellion against, or to resist with force of arms, the laws of the United States.” Any person or persons declining to take said oath shall be discharged by the Court from serving on the grand or petit jury, or venire, to which he may have been summoned.

Sec. 3. And be it further enacted, That each and every person who shall take the oath herein prescribed, and who shall swear falsely to any matter of fact embraced by it, shall be held to have committed the crime of perjury, and shall be subject to the pains and penalties declared against that crime.

Chap. CXXVIII.-An Act to prescribe an Oath of Office, and for other Purposes.

Approved July 2d, 1862. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter every person elected or appointed to any office of honor or profit under the Government of the United States, either in the civil, military, or naval departments of the public service, excepting the President of the United States, shall, before entering upon the duties of such office, and before being entitled to any of the salary or other emoluments thereof, take and subscribe the following oath or affirmation : “I, A. B., do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted, nor attempted to exercise, the functions of any office whatever, under any authority or pretended authority in hostility to the United States ; that I have not yielded a voluntary support to any pretended government, authority, power or constitution within the United States, hostile or inimical thereto. And I do further swear (or affirm) that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter, so help me God;" which said oath, so taken and signed, shall be preserved among the files of the Court, House of Congress, or Department to which the said office may appertain. And any person who shall falsely take the said oath shall be guilty of perjury, and on conviction, in addition to the penalties now prescribed for that offense, shall be deprived of his office and rendered incapable forever after of holding any office or place under the United States.

CHAP. CXCV.-An Act to suppress Insurrection, to punish Treason and Rebellion,

to seize and confiscate the Property of Rebels, and for other Purposes.-Ap

proved July 17th, 1862. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person who shall hereafter commit the crime of treason against the United States, and shall be adjudged guilty thereof, shall suffer death, and all his slaves, if any, shall be declared and made free; or, at the discretion of the Court, he shall be imprisoned for not less than five years and fined not less than ten thousand dollars, and all his slaves, if any, shall be declared and made free ; said fine shall be levied and collected on any or all of the property, real and personal, excluding slaves, of which the said person so convicted was the owner at the time of committing the said crime, any sale or conveyance to the contrary notwithstanding.

Sec. 2. And be il further enacted, That if any person shall hereafter incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof, or shall give aid or comfort thereto, or shall engage in or give aid and comfort to any such existing rebellion or insurrection, and be convicted thereof, such person shall be punished by imprisonment for a period not exceeding ten years, or by a fine not exceeding ten thousand dollars, and by the liberation of all his slaves, if any he have; or by both said punishments, at the discretion of the Court.

SEC. 3. And be it further enacted, That every person guilty of either of the offenses described in this act shall be forever incapable and disqualified to hold any office under the United States.

Sec. 4. And be it further enacted, That this act shall not be construed in any way to affect or alter the prosecution, conviction, or punishment of any person or per

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