to obtain, the payment or allowance of any false or fraudulent claim; any person in 2 March 18C3. said forces or service who shall steal, embezzle or knowingly and wilfully misappro- Embezzlement. priate or apply to his own use or benefit, or who shall wrongfully and knowingly sell, convey or dispose of any ordnance, arms, ammunition, clothing, subsistence stores, money or other property of the United States, furnished or to be used for the military or naval service of the United States; any contractor, agent, paymaster, quartermaster Concealment of public property. or other person whatsoever in said forces or service having charge, possession, custody or control of any money or other public property, used or to be used in the military or naval service of the United States, who shall, with intent to defraud the United States, or wilfully to conceal such money or other property, deliver or cause to be delivered to any other person having authority to receive the same any amount of such money or other public property less than that for which he shall receive a certificate or receipt; any person in said forces or service who is or shall be authorized to make or deliver any False certificates certificate, voucher or receipt, or other paper certifying the receipt of arms, ammunition, provisions, clothing or other public property so used or to be used, who shall make or deliver the same to any person without having full knowledge of the truth of the facts stated therein, and with intent to cheat, defraud or injure the United States; any person in said forces or service who shall knowingly purchase or receive, in pledge for Purchasing arms any obligation or indebtedness, from any soldier, officer or other person called into or employed in said forces or service, any arms, equipments, ammunition, clothes or military stores, or other public property, such soldier, officer or other person not having the lawful right to pledge or sell the same; shall be deemed guilty of a criminal offence, and shall be subject to the rules and regulations made for the government of the military To be subject to and naval forces of the United States, and of the militia when called into and employed the articles of in the actual service of the United States in time of war, and to the provisions of this act. And every person so offending may be arrested and held for trial by a court And tried by martial, and if found guilty, shall be punished by fine and imprisonment, or such other court martial. punishment as the court martial may adjudge, save the punishment of death. war. Ibid. 2. Liability to con 2. Any person heretofore called or hereafter to be called into or employed in such forces or service, who shall commit any violation of this act and shall afterwards receive his discharge, or be dismissed from the service, shall, notwithstanding such discharge tinue notwithstanding dismissor dismissal, continue to be liable to be arrested and held for trial and sentence by a al court martial, in the same manner and to the same extent as if he had not received such discharge or been dismissed. Ibid. 23. Punishment of vilians. 3. Any person not in the military or naval forces of the United States, nor in the militia called into or actually employed in the service of the United States, who shall do or commit any of the acts prohibited by any of the foregoing provisions of this act, like frauds by cishall forfeit and pay to the United States the sum of two thousand dollars, and, in addition, double the amount of damages which the United States may have sustained by reason of the doing or committing such act, together with the costs of suit; and such forfeiture and damages shall be sued for in the same suit. And every such person shall, in addition thereto, on conviction in any court of competent jurisdiction, be punished by imprisonment not less than one, nor more than five years, or by fine of not less than one thousand dollars, and not more than five thousand dollars. Ibid. 4. Jurisdiction of courts. 4. The several district courts of the United States, the circuit court of the District of Columbia, or any court therein to be established having general jurisdiction in civil cases, the several district courts of the territories of the United States, within whose the federal jurisdictional limits the person doing or committing such act shall be found, shall, wheresoever such act may have been done or committed, have full power and jurisdiction to hear, try and determine such suit. Such suit may be brought and carried on by any person, as well for himself as for the United States; the same shall be at the sole cost and charge of such person, and shall be in the name of the United States, but shall not be withdrawn or discontinued without the consent, in writing, of the judge of the court and the district attorney, first filed in the case, setting forth their reasons for such consent. Ibid. 25. 5. It shall be the duty of the several district attorneys of the United States for the respective districts, for the District of Columbia, and for the several territories, to be Duties of district diligent in inquiring into any violation of the provisions of this act by persons liable to attorneys. such suit, and found within their respective districts or territories, and to cause him or her to be proceeded against in due form of law for the recovery of such forfeiture and damages. And such person may be arrested and held to bail in such sum as the district judge may order, not exceeding the said sum of two thousand dollars, and twice the amount of the damages sworn to in the affidavit of the person bringing the suit. 6. The person bringing said suit and prosecuting it to final judgment shall be entitled to receive one-half the amount of such forfeiture, as well as one-half the amount Ibid. 26. 2 March 1863. Prosecutor to reforfeiture. of the damages he shall recover and collect; and the other half thereof shall belong to and be paid over to the United States; and such person shall be entitled to receive to ceive one-half of his own use all costs the court may award against the defendant, to be allowed and taxed according to any provision of law or rule of court in force, or that shall be in force, in suits between private parties in said court: Provided, That such person shall be liable for all costs incurred by himself in the case, and shall have no claim therefor on the United States. 7. Every such suit shall be commenced within six years from the doing or committing the act, and not afterwards. 8. No officer or agent of any banking or other commercial corporation, and no member of any mercantile or trading firm, or person directly or indirectly interested in the pecuniary profits or contracts of such corporation or firm, shall be empleyed or shall act as an officer or agent of the United States for the transaction of business with such corporation or firm; and every such officer, agent, or member, or person, so interested, who shall so act, shall, upon conviction thereof, be punished by a fine of not more than two thousand dollars nor less than five hundred dollars, and by imprisonment for a term not exceeding two years. 9. All acts and parts of acts inconsistent with or repugnant to any of the provisions of this act are hereby repealed, saving, however, and excepting any and all suits or prosecutions now commenced pending, and all rights of suit or prosecution under any prior act of congress, on account of the doing or committing of any act hereby prohibited, and all rights and claims which the United States, or any person or persons, now have, growing out of such prior act; all which pending suits and prosecutions shall proceed and be determined, and all which rights and claims shall remain and be as valid and effectual as if this present act had not been passed; nor shall this act be so construed as in any way to impair or affect the obligation, duty or liability of any person who now is or shall hereafter become the surety of any person contracting with the United States, or any officer or agent thereof; but every such surety shall be liable and answerable for the default of his principal in the same manner as if this act had not been passed, save to the extent to which his principal has performed the contract, or, if damages have been so recovered, to the extent of one-half of the damages 80 recovered and paid; which last amount may be shown in reduction of damages in any suit brought against the principal and surety, or principals and sureties, on their contract. Fugitives from Justice. It is not necessary that the affidavit on which a requisition issued should set forth the crime charged, with all the legal exactness necessary to be observed in an indictment. If it distinctly charge the commission of an offence, it is all that is necessary. Manchester's Case, 5 Cal. 237. The governor issuing the requisition is the only proper judge of the authenticity of the affidavit. Ibid. It is not necessary that the affidavit should state that the prisoner is a fugitive from justice-the allegation that he com Litted the crime, and then secretly fled, is sufficient to deduce the conclusion that he is a fugitive from justice. Ibid. The governor's warrant authorizing the agent of another state to take and transport to the line of the state a fugitive from jus tice, is a conclusive justification to such agent for arresting such fugitive. Commonwealth r. Hall, 20 Law Rep. 651. The clause in the constitution providing for the rendition of fugitives from justice, applies to all cases in which the accused is charged with an act punishable criminally by the laws of the state where it was committed. Kentucky r. Ohio, 24 How. 66, The "duty" imposed by the act of 1793 (294. pl. 1) on the governor of the state in which a fugitive from justice is arrested, to deliver him up on the requisition of the executive of the state from which he fled, is the moral obligation of the state, to perform the compact contained in the constitution; it is not a duty that can be enforced by mandamus. Ibid. Fugitives from Labor. A slave brought by his master into a free state, has a right to stay with his master, or not, at his election, and if he elect to remain with his master, no one can interfere with him. Betty's Case, 20 Law Rep. 455. When a warrant is issued under the act 18 September 1850, by competent authority, it is sufficient to justify the arrest and detention of the fugitive, until discharged by due course of law; and any person concerned in rescuing or attempting to rescue such fugitive, out of the custody of the law, subjects himself to the penalties of the act. United States v. Reed, 2 Blatch. 437. If a habeas corpus from a state court be served on a marshal, or other person, having a fugitive in custody, under the authority of the United States, he should, by a proper return, make known the authority by which he holds the party; but, at the same The district court has exclusive jurisdiction of offences under that act: and the validity of its proceedings and judgment cannot be re-examined and set aside by any other tribunal. Ibid. One who obstructs the marshal in the execution of a warrant issued under the 9th section of the act 18th September 1850 (298, pl. 11) is liable to indictment, either under the 22d section of the act of 30th April 1790, or under the 7th section of the act of 18th September 1850. United States v. Buck, 8 Am. L. R. 540. Georgia. 1. Brunswick to be the port of entry. Port of Darien abolished. 2. Deputy collector at Darien. 1. The port of entry for the district of Brunswick, Georgia, shall be Brunswick, and 20 June 1862 § 1. that Darien shall be abolished as the port of entry. 2. There shall be a deputy collector appointed, according to law, to reside at Darien, and to exercise such powers as the secretary of the treasury, under the revenue laws, may prescribe. Habeas Corpus. The federal courts have power to issue the writ of habeas corpus only when necessary in aid of their jurisdiction, in a case pending. Ex parte Everts, 7 Am. L. R. 79: overruling United States v. Williamson, 4 Ibid. 11. The case of a father claiming the custody of an infant child, is not one in which a habeas corpus can issue, by a court of the United States, as ancillary to the exercise of its jurisdiction. Ibid. Nor can a circuit court issue such a writ, although the father be a citizen of another state, as the matter in dispute is incapable of a pecuniary estimation. Ibid. A habeas corpus issued by a state court, has no authority within the limits of the sovereignty of the United States. If served on a marshal having a prisoner in custody, under authority of the United States, he should, by a proper return, make known the authority by which he holds him; but, at the same time, it is his duty, not to obey the state process, but to execute that of the United States. Ableman v. Booth, 21 How. 506. The federal courts have power to apply the writ of habeas corpus to all cases which it would reach at common law; provided it be not issued to any person in jail, unless confined under and by color of the authority of the United States. Ex parte Des Rochers, 1 McAllister 68. A state court, on a writ of habeas corpus issued at the relation of one committed on process from a federal court, cannot go behind the commitment and inquire into the grounds of it. Williamson v. Lewis, 18 Leg. Int. 172. The privilege of the writ of habeas corpus can only be suspended by act of congress. Ex parte Merryman, 24 Law Rep. 78. 9 Am. L. R. 524. Jones v. Seward, Sup. Court, N. Y., 19 Oct. 1863. Clerke, J. But see McQuillan's Case, 9 Pittsburgh Leg. J. 27. 24 Law Rep. 129. The federal judges have exclusive jurisdiction on habeas corpus, whenever the applicant is illegally restrained of his liberty, under or by color of the authority of the United States, whether by virtue of a formal commitment or otherwise. Ex parte McDonald, 9 Am. L. R. 662. Much diversity of opinion appears to exist, as to the power of the state courts to discharge on habeas corpus, a person illegally held in the military service of the United States. Some judges I. INSANE ASYLUM. 12 Stat. 432. Ibid. & 2. Deputy collector at Darien. hold that the state courts have jurisdiction to discharge one enlisted contrary to the acts of congress. Wilson's Case, 18 Leg. Int. 316; Dobb's Case, 9 Am. L. R. 565; Commonwealth v. Carter, 20 Leg. Int. 21; Henderson's Case, Ibid. 181; Webb's Case, 10 Pittsburgh Leg. J. 106; contra, Phelan's Case, 9 Abbott 286. And in Carney's Case, Chief Justice Lowrie discharged a person from military arrest, who, after having been exempted from the conscription, by the board of enrolment, was arrested on the pretext that they had reconsidered their decision. 14 August 1863. MS. On the contrary, it has been held, that the state courts have no jurisdiction to inquire into the validity of the draft on habeas corpus. Spangler's Case, 11 Am. L. R. 596. Jordan's Case, Ibid. 749. And that they have no power to discharge from the custody of the provost-marshal, one held for desertion, though enlisted contrary to law. Shirk's Case, 20 Leg. Int. 260. This however, was said by Leonard, J., in the supreme court of New York, to be founded on a misconception of the case of Ableman v. Booth, and Barrett, having been illegally enlisted, was discharged, notwithstanding a charge of desertion. Barrett's Case, August 1863. MS. See also Follis's Case, 19 Leg. Int. 276. United States v. Wright, 20 Leg. Int. 21. McCall's Case, Ibid. 108. Commonwealth v. Rogers, 10 Pittsburgh Leg. J. 178. Stevens's Case, 24 Law Rep. 205. Ex parte McDonald, 9 Am. L. R. 662. United States v. Taylor, 20 Leg. Int. 284. In re Hicks and Archibald, 11 Pittsburgh Leg. J. 25. Com. v. Wright, Ibid. 41. In Vallandigham's Case, Judge Leavitt refused an application for a writ of habeas corpus, on the ground that the imprisonment was under military authority, and that, although a civilian, he was held for trial, before a military commission, for disloyal practices; the country being engaged in war, and the military necessities requiring that the power to arrest parties, under such circumstances, should be exercised by the president, as commanderin-chief. Vallandigham's Trial 259. Where a prisoner is held on original federal (not judicial) process, the state courts have concurrent jurisdiction with those of the United States, to inquire into the legality of the detention on habeas corpus. Bressler's Case, 3 Leg. Obs. 324. Citing 10 Johns. 328. 7 Cow. 471. 5 Hill 16. 2 South 555. 12 N. II. 194. 11 Mass. 63. 24 Pick. 267. 7 Cush. 285. 7 Barr 336. Hospitals. 1. Insane from army, navy, and revenue service to be received. 2. How insane pampers to be admitted. 3. Proceedings where insane persons are possessed of property. II. MILITARY ASYLUM. 4. Commissioners. Their duties. 5. Benefits extended to all invalid and disabled soldiers. 6. Pensioners to surrender their pensions whilst inmates. 7. Deductions from pay reduced. Name changed to "Soldier's Home. To be subject to articles of war. 8. Act of 1851 partially repealed. III. MARINE HOSPITALS. 9. Marine hospitals may be rented to municipal authorities. I. INSANE ASYLUM. 12 Stat. 23. Insane from army, navy, and 1. That section four of the act of March the 3d 1855, (a) entitled an "Act to organize 1 June 1860 2 1. an institution for the insane of the army and navy, and of the District of Columbia in the said District," be and the same is hereby amended so as to read as follows: "The order of the secretary of war and that of the secretary of the navy, and that of revenue servico the secretary of the treasury shall authorize the superintendent to receive insane persons belonging to the army and navy and revenue cutter service respectively, and keep them in custody until they are cured or removed by the same authority which ordered their reception." to be received. 12 Stat. 177. mitted. 2. That, as a substitute for the second section of the supplementary act aforesaid, (b) 28 Feb. 1861 2 1. which is hereby repealed, the secretary of the interior shall have power to grant his order for the admission into the government hospital for the insane of any insane per- How insane pan. son not charged with a breach of the peace, upon (1) the certificate of any judge of the may be adcircuit or criminal court for the District of Columbia, or of any justice of the peace of the district, stating that two respectable physicians, resident of the district, appeared before said judge or justice and certified under oath and under their hands, that they knew the person alleged to be insane, and that, from personal examination, they believed him or her to be insane and a fit subject for treatment in said hospital, and that (a) Ante 307, pl. 33. (b) Act 7 February 1857, ante 308, pl. 38. 28 Feb. 1861. Ibid. 2. Proceedings where insane perty. prᏅ he or she was a resident of the district at the time he or she was seized with the mental disorder under which he or she then labored; also stating that two respectable householders, residents of the district, appeared before him, the said judge or justice, and certified under oath, and under their hands, that they knew the person alleged to be insane, and that, from a personal examination into his or her affairs, they believe him or her to be unable to support himself or herself and family (or himself or herself, if he or she have no family), under the visitation of insanity, and to pay his or her board and other expenses in said hospital, and the certificate under oath of such physicians and of such householders shall accompany the certificate of such judge or justice; and (2) upon an application requesting that such order may be issued, made in writing, within five days after the date of the affidavits aforesaid, by a member of the board of visitors of said hospital, upon an inspection of said affidavits and certificate thereto, and it will be the duty of said visitor to withhold his application if he has reason to doubt the indigence of the party in whose behalf the application is desired, till such doubt is removed by testimony satisfactory to said visitor. 3. If it shall appear in the case of any insane person, whose insanity commenced while he or she was a resident of the District of Columbia, that he or she is able to defray a portion, but not the whole, of the expenses of his or her support and treatment sessed of pro in the government hospital for the insane, then the board of visitors of the said hospital is authorized to inquire into the facts of the case; and if it shall appear to said board, upon such inquiry, that such insane person has property and no family, or more property than is required for the support of his or her family, then, as a condition upon which such insane person, admitted or to be admitted upon the order of the secretary of the interior, shall receive or continue to receive the benefits of said hospital, there shall be paid to the superintendent, from the income, property or estate of such insane person, such portion of his expenses in said hospital, as a majority of the said board shall determine to be just and reasonable, under all the circumstances. 3 March 1859 24. 11 Stat. 434. Commissioners. Their duties. Ibid. 25. Benefits extend II. MILITARY ASYLUM. 4. That the second section of the act of 3d March 1851, (a) entitled "An act to found a military asylum for the relief and support of invalid and disabled soldiers of the army of the United States," be so amended as to reduce the number of commissioners authorized by that section to three, and to consist of the commissary-general of subsistence, the surgeon-general and the adjutant-general, (any two of whom shall be a quorum for the transaction of business), whose duty it shall be to examine and audit the accounts of the treasurer quarter-yearly, and to visit and inspect the military asylum at least once in every month. 5. That the benefits of the said act be, and they are hereby extended so as to include the invalid and disabled soldiers, whether regulars or volunteers, of the war of 1812, and ed to all invalid of all subsequent wars; and that so much of the act of 3d March 1851, as is inconsistent herewith, be and the same is hereby repealed. and disabled soldiers. Ibid. 26. Pensioners to 6. All pensioners on account of wounds or disability incurred in the military service, shall transfer and surrender their pensions to the institution for and during the time surrender their they may remain therein and voluntarily continue to receive its benefits. pensions whilst inmates. Ibid. 27. Deductions from pay reduced. Name changed. To be subject to articles of war. 5 July 1862 2. 12 Stat. 508. 7. That the deductions of twenty-five cents per month, from the pay of the non-commissioned officers, musicians, artificers and privates in the army shall be reduced, from and after the thirtieth of June next, to twelve and a half cents per month; and that the title of the act be, and the same is hereby, changed from the "Military Asylum" to that of "Soldier's Home:" And provided further, That all persons now in, or that may hereafter be admitted into, the institution, shall be and are hereby made subject to the rules and articles of war, and will be governed thereby in the same manner as soldiers in the army. 8. That so much of the 7th section of the act approved 3d March 1851, (b) entitled “An act to found a military asylum for the relief and support of invalid and disabled soldiers Act of 1851 par- of the army of the United States," as requires that “ all moneys, not exceeding twothirds of the balance on hand, of the hospital fund, and of the post fund of each military station, after deducting the necessary expenses," shall be set apart for the support of the military asylum, be and the same is hereby repealed. tially repealed. 1 March 1862 31. 12 Stat. 348. III. MARINE HOSPITALS. 9. The secretary of the treasury is hereby authorized to rent either of the several marine hospitals to the proper authorities of the cities, towns or counties in which said Marine hospitals hospitals are located, and contract with such authorities for the relief of the sick and municipal autho- disabled seamen entitled to relief under the act of 3d of May 1802, (c) and in cases of infectious diseases to make such regulations for their relief as he deems expedient. may be rented to rities. 12 Stat. 808. Idaho. or attached to 1. That all that part of the territory of the United States included within the follow- 3 March 1863 ? ing limits, to wit: Beginning at a point in the middle channel of the Snake river where the northern boundary of Oregon intersects the same; then follow down said channel Territory of of Snake river to a point opposite the mouth of the Kooskooskia, or Clear Water river; thence due north to the forty-ninth parallel of latitude; thence east along said parallel to the twenty-seventh degree of longitude west of Washington; thence south along said degree of longitude to the northern boundary of Colorado territory; thence west along said boundary to the thirty-third degree of longitude west of Washington; thence north along said degree to the forty-second parallel of latitude; thence west along said parallel to the eastern boundary of the state of Oregon; thence north along said boundary to place of beginning. And the same is hereby created into a temporary government, by the name of the territory of Idaho: Provided. That nothing in this act contained shall May be divided be construed to inhibit the government of the United States from dividing said territory other territories or changing its boundaries, in such manner and at such time as congress shall deem or states. convenient and proper, or from attaching any portion of said territory to any other state or territory of the United States: Provided further, That nothing in this act contained Indian rights not shall be construed to impair the rights of person or property now pertaining to the Indians in said territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribes, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any state or territory, but all such territory shall be excepted out of the boundaries, and constitute no part of the territory of Idaho, until said tribe shall signify their assent to the president of the United States to be included within said territory; or to affect the authority of the government of the United States Or authority of the general gov to make any regulations respecting such Indians, their lands, property or other rights, ernment to treat by treaty, law or otherwise, which it would have been competent for the government to with them affectmake if this act had never passed. II. EXECUTIVE AUTHORITY. to be impaired. ed. 12 Stat. 809. Residence. 2. The executive power and authority in and over said territory of Idaho shall be 3 March 1863 22. vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the president of the United Governor. States. The governor shall reside within said territory, and shall be commander-in- Term of office. chief of the militia, and superintendent of Indian affairs thereof. He may grant His powers, &c. pardons and respites for offences against the laws of said territory, and reprieve for offences against the laws of the United States, until the decision of the president of the United States can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said territory, and shall take care that the laws be faithfully executed. Ibid. 23. 3. There shall be a secretary of said territory, who shall reside therein, and shall hold his office for four years, unless sooner removed by the president of the United Secretary. States; he shall record and preserve all laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor in his executive His powers and department; he shall transmit one copy of the laws and journals of the legislative assembly within thirty days after the end of each session, and one copy of the executive proceedings and official correspondence semi-annually, on the first days of January and July in each year, to the president of the United States, and two copies of the laws to duties. |