2096. Completion of proof in case of 2101. Employment of land and naval death of discoverer, 2097. Exclusive privileges of discoverer. States to islands. 164, s. 1, v. 11, p. 119. Sec. 5570, R.S. forces. 2102. Right to abandon island. Claim of United 2094. Whenever any citizen of the United States disAug. 18, 1856, C. covers a deposit of guano on any island, rock, or key, not within the lawful jurisdiction of any other government, and not occupied by the citizens of any other government, and takes peaceable possession thereof, and occupies the same, such island, rock, or key may, at the discretion of the President, be considered as appertaining to the United States. Notice of discovery and nished. Ibid. Sec.5571, R.S. 2095. The discoverer shall, as soon as practicable, give proofs to be fur- notice, verified by affidavit, to the Department of State, of such discovery, occupation, and possession, describing the island, rock, or key, and the latitude and longitude thereof, as near as may be, and showing that such possession was taken in the name of the United States; and shall furnish satisfactory evidence to the State Department that such island, rock, or key was not, at the time of the discovery thereof, or of the taking possession and occupation thereof by the claimants, in the possession or occupation of any other government or of the citizens of any other government, before the same shall be considered as appertaining to the United States. Completion of proof in case of erer. 81, s. 1, v. 17, p. 48. 2096. If the discoverer dies before perfecting proof of death of discov- discovery or fully complying with the provisions of the Apr. 2, 1872, c. preceding section, his widow, heir, executor, or adminisSec. 5572, R.S. trator shall be entitled to the benefits of such discovery, upon complying with the provisions of this Title; but nothing herein contained shall be held to impair any rights of discovery or any assignment by a discoverer heretofore recognized by the United States. Exclusive privileges of discov erer. Aug. 18, 1856, c. 2097. The discoverer, or his assigns, being citizens of the United States, may be allowed, at the pleasure of Con164, s. 2, v. 11, p. gress, the exclusive right of occupying such island, rocks, Sec.5573, R.S. or keys for the purpose of obtaining guano, 119. * * * and may be allowed to charge and receive for every ton thereof delivered alongside a vessel, in proper tubs, within reach of ship's tackle, a sum not exceeding eight dollars per ton for the best quality, or four dollars for every ton taken while in its native place of deposit. "upon exporta 298, s. 3, v. 14, p. c. 81, s. 1, v. 17, p. Sec. 5574, R.S. 2098. No guano shall be taken from any such island, Restrictions rock, or key, except for the use of the citizens of the tion, Ibid. United States or of persons resident therein. The dis- July 28, 1866, c. coverer, or his widow, heir, executor, administrator, or 328; Apr. 2, 1872, assigns, shall enter into bond, in such penalty and with 48% such sureties as may be required by the President, to deliver the guano to citizens of the United States, for the purpose of being used therein, and to none others, and at the price prescribed, and to provide all necessary facilities for that purpose within a time to be fixed in the bond; This section shall, however, be suspended in relation to all persons who have complied with the provisions of this Title, for five years from and after the fourteenth day of July, eighteen hundred and seventy-two.1 2099. The introduction of guano from such islands, rocks, or keys, shall be regulated as in the coasting trade between different parts of the United States, and the same laws shall govern the vessels concerned therein. * * Regulation of guano trade. 120 Sec. 5575, R.S. Criminal juris Sec. 5576, R.S. 2100. All acts done, and offenses or crimes committed, acti on any such island, rock, or key, by persons who may Sec. 6. ibid. land thereon, or in the waters adjacent thereto, shall be deemed committed on the high seas, on board a merchant ship or vessel belonging to the United States; and shall be punished according to the laws of the United States relating to such ships or vessels and offenses on the high seas, which laws for the purpose aforesaid are extended over such islands, rocks, and keys. land and naval forces. Sec. 5, ibid. 2101. The President is authorized, at his discretion, to, Employment of employ the land and naval forces of the United States to protect the rights of the discoverer or his widow, heir, Sec. 5577,R.S. executor, administrator, or assigns. 2102. Nothing in this Title contained shall be construed as obliging the United States to retain possession of the islands, rocks, or keys, after the guano shall have been removed from the same. don islands. RESTRICTION UPON THE USE OF MILITARY FORCE. Right to abanSec. 4. ibid. Sec. 5578, R.S. used as a posse Sec. 15, June 18, 1878 v. 20, p. 152. 2103. From and after the passage of this act it shall not my not to be be lawful to employ any part of the Army of the United comitatus. States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Con 'This section was suspended for five years by the act of March 15, 1878 (20 Stat. L., 30), and for a further period of five years by the act of April 14, 1884 (23 Stat. L., 11). gress; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section.1 Sec. 15, act of June 18, 1878 (20 Stat. L., 152). 'It is provided in section 15 of the act of June 18, 1878, chapter 263, that "From and after the passage of this act it shall not be lawful to employ any part of the Army of the United States, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress. In view of this legislation, held as follows: That inasmuch as it was not expressly authorized by any act of Congress that United States marshals should be empowered to summon the military to serve on a posse comitatus (but this was authorized only indirectly and impliedly by the provision of the act of September 24, 1789, incorporated in section 787 of the Revised Statutes), (a) the Army could not, under the existing law, legally act on the posse comitatus of a marshal or deputy marshal of the United States. (b) Dig. Opin. J. A. G., 162, par. 6. See also Ibid., ed. 1901, par. 487. That in the absence of such an "unlawful combination" as is contemplated by section 5298, Revised Statutes, the President would not be authorized to employ a military force to assist inspectors of customs in seizing smuggled property or arresting persons concerned in violations of the revenue laws, such an employment not being expressly authorized by any statute. That whenever a marshal or deputy marshal was prevented from making due service of judicial process, for the arrest of persons or otherwise, by the forcible resistance or opposition of an unlawful combination or assemblage of persons, the President was expressly authorized by section 5298, Revised Statutes, to employ such part of the Army as he might deem necessary to secure the due service of such process and execute the laws; first, however, in any such case (as in any case arising under sections 5297 and 5299) making proclamation as required by section 5300. That, notwithstanding the legislation of June 18, 1878, the President was authorized to employ the military to arrest and prevent persons engaging in introducing liquor into the Indian country contrary to law, as also to arrest persons being otherwise in the Indian country in violation of law, (c) or to make the arrest therein of Indians charged with the commission of crime, such employment being expressly authorized by sections 2150 and 2152, Revised Statutes. That the President was authorized by section 2150, Revised Statutes, to remove by military force, after a reasonable notice to quit certain persons commorant upon an Indian reservation contrary to the terms of a treaty between the United States and the tribe occupying the reservation, and who therefore were there "in violation of law" in the sense of that section. (d) That the provision of June 18, 1878, was not to be construed as interfering with the authority and duty of the President to employ a necessary military force for the removal of trespassers from a military reservation, such employment not being, properly speaking, "for the purpose of executing the laws," but a mere protecting, by the executive department, of public property in its military charge. (e) Dig. Opin. J. A. G., 162, par. 6. In the absence of any express provision contained in the acts authorizing the President to make reservations of forest lands (acts of September 25 and October 1, 1890, and March 3, 1891, s. 24) by which he is expressly empowered to use the Army a VI Opin. Att. Gen., 471; letter of Attorney-General Evarts to the United States marshal for the northern district of Florida, Attorney-General's Office, August 20, 1868; general instructions to United States marshals from Attorney-General Taft, published in General Orders 96, Headquarters of Army, 1876; also opinion cited in next note. b See, to a similar effect, opinion of the Attorney-General of October 10, 1878 (XVI Opin., 162); also XIX Opin., 293. e But note that, in view of the provisions of section 2151, Revised Statutes, an officer of the Army who detains a person arrested under section 2150 longer than five days before "conveying him to the civil authority," or subjects him when in arrest to unreasonably harsh treatment, renders himself liable to an action in damages for false imprisonment. In re Carr, 3 Sawyer, 316; Waters v. Campbell, 5 ibid., 17. d See XIV Opin. Att. Gen., 451; 20 ibid., 245; and note the proclamation of the President published in General Orders 16, Headquarters of Army, 1880, relating to the intrusion of unauthorized persons upon the "Indian territory" and declaring that the Army would be employed to effectuate their removal if necessary, eDue caution should be observed, however, that in executing this duty there be no unnecessary or wanton harm done to persons or property." IX Opin. Att. Gen., 476. 827 TREASON. Apr. 30, 1790, c. 9, s. 1, v. 1, p. 2104. Every person owing allegiance to the United States Treason. who levies war against them, or adheres to their enemies, Mary 5, 2 giving them aid and comfort within the United States or 145, v. 18, pp. 479, elsewhere, is guilty of treason.1 480. Sec. 5331, R.S. treason. Punishment of 195, ss. 1, 3, v. 12, P. 589. Sec. 5332, R.S. 2105. Every person guilty of treason shall suffer death; or, at the discretion of the court, shall be imprisoned at hard labor not less than five years, and fined not less than ten thousand dollars, to be levied on and collected out of any or all of his property, real and personal, of which he was the owner at the time of committing such treason, any sale or conveyance to the contrary notwithstanding; and every person so convicted of treason shall, moreover, be incapable of holding any office under the United States." 2106. Every person owing allegiance to the United States, Misprision of and having knowledge of the commission of any treason against them, who conceals, and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor, of or to some judge or justice of a particular State, is guilty of misprision of treason, and shall be imprisoned not more than seven years, and fined not more than one thousand dollars. treason. 9, s. 2, v. 1, p. 112. U.S. v. Wiltber Apr. 30, 1790, c. ger, 5 Wh.. 97; Confiscation Cases, 1 Woods, 221; U. S. v. Tract Land, 1 Woods, 475ec. 5333, R.S. Inciting or engaging in rebel tion. 195, s. 2, v. 12, p. Sec. 5334, R.S. 2107. Every person who incites, sets on foot, assists, or engages in any rebellion or insurrection against the author- lion or insurrecity of the United States, or the laws thereof, or gives aid, July 17, 1862, c. or comfort thereto, shall be punished by imprisonment not 590, more than ten years, or by a fine of not more than ten thousand dollars, or by both of such punishments; and shall, moreover, be incapable of holding any office under the United States. spondence with Criminal corre ments. 2108. Every citizen of the United States, whether actually resident or abiding within the same, or in any foreign coun- foreign Governtry, who, without the permission or authority of the Gov-, ernment, directly or indirectly, commences or carries on 1, v. 1, p. 613. Jan. 30, 1799, c. in execution of such statutes, held that the President would not be authorized to employ, as a posse comitatus or otherwise, the military forces to aid in enforcing the regulations established by the Secretary of the Interior for the care and management of such lands. Such employment, if permitted, would render the troops trespassers and liable to civil suits and prosecutions. Ibid., 165, par. 9. 1 Gearing. U. S., 3 N. & H., 165. 2U. S. v. The Insurgents, 2 Dall., 385; U. S. v. Mitchell, 2 Dall., 348; U. S. v. Villato, 2 Dall., 370; Ex parte Bolman and Swartwout, 4 Cr., 75; U.S. v. Pryor, 3 Wash., 234; U. S v. Hanway, 2 Wall. Jr. C. C., 139; 1 Burr's Trial, 14-16; 2 Burr's Trial, 402, 405, 417; U. S. v. Hoxie, 1 Paine, 265; U. S. v. Greathouse, 2 Abb. C. C., 364; Confiscation Cases, 20 Wall., 92; Wallack et al. v. Van Riswick, 92 U. S., 202; Windsor v. McVeigh, 93 U. S., 274. Seditious conspiracy. 33, v. 12, p. 284; 22, s. 2, v. 17, p. 13. Sec. 5336, R.S. 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 to defeat the measures of the Government of the United States; and every person, being a citizen of, or resident within, the United States, and not duly authorized, who counsels, advises, or assists in any such correspondence, with such intent, shall be punished by a fine of not more than five thousand dollars, and by imprisonment during a term not less than six months, nor more than three years; but nothing in this section shall be construed to abridge the right of a citizen to apply, himself or his agent, to any foreign government, or the agents thereof, for redress of any injury which he may have sustained from such government, or any of its agents or subjects. 2109. If two or more persons in any State or Territory July 31, 1861, c: conspire to overthrow, put down, or destroy by force the Apr. 20, 1871, e. Government of the United States, or to levy war against parte them, or to oppose by force the authority thereof; 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 contrary to the authority thereof; each of them shall be punished by a fine of not less than five hundred dollars and not more than five thousand dollars, or by imprisonment, with or without hard labor, for a period not less than six months, nor more than six years, or by both such fine and imprisonment. Recruiting sol diers or sailors the United States. Aug. 6, 1861, c. 317. 2110. Every person who recruits soldiers or sailors to serve against within the United States to engage in armed hostility against the same, or who opens within the United States a 56, s. 1, v. 12, p. recruiting station for the enlistment of such soldiers or sailSec. 5337,R.S. ors, to serve in any manner in armed hostility against the United States, shall be fined not less than two hundred dollars, nor more than one thousand dollars, and imprisoned not less than one year, nor more than five years. Enlistment to serve against the United States. Sec. 2, ibid. Sec. 5338, R.S. 2111. Every soldier or sailor enlisted or engaged within the United States, with intent to serve in armed hostility against the same, shall be punished by a fine of one hundred dollars, and by imprisonment not less than one year nor more than three years. |