ART. 4. Bank bills. 1. Since 1792, bank bills, or notes issued by banks in corporations, signed by their presidents and countersigned by their cashiers, payable to A. B. or bearer, on demand, generrally, have principally formed the circulating medium, or current money of the United States. Very great sums, in these bills, have been constantly kept in circulation, principally by the numerous State banks incorporated by the several State legislatures. CH. 200. Art. 4. 25, 1791. 2. By this act the bank of the United States was estab- Act of Conlished, consisting of a capital of ten millions of dollars; two gress, Feb. subscribed by the United States, (cash,) and eight by individu- 4 Crach, 167, als; two specie, and six public stock. June 27, 1798, an 168. act of Congress was passed, to punish counterfeiting the bills &c., incorrectly worded, and hence repealed by the next act. United States v. Cantril; same v. Baylies. 24, 1807. By this act it was enacted, "if any person shall falsely Act of Conmake, forge, or counterfeit, or cause, or procure to be falsely gress, Feb. made, forged, or counterfeited, or willingly aid or assist, in falsely making, forging, or counterfeiting, any bill or note, in imitation of, or purporting to be a bill or note issued by order of the president, directors, and company of the bank of the United States, or any order or check on the said bank or corporation, or any cashier thereof; or shall fasely alter, or shall cause, or procure to be falsely altered, or willingly aid or assist in falsely altering any bill or note, issued by order of the president, directors, and company of the bank of the United States, or any order or check on the said bank or corporation, or any cashier thereof; or shall pass, utter, or publish, or attempt to pass, utter, or publish, as true, any false, forged, or counterfeit bill or note, purporting to be a bill or note issued by order of the president, directors, and company of the bank of the United States, or any false, forged, or counterfeited order or check upon the said bank or corporation, or any cashier thereof, knowing the same to be false, forged, or counterfeited; or shall pass, alter, or publish, or attempt to pass, alter, or publish, as true, any falsely altered bill or note, issued by order of the president, directors, and company of the bank of the United States, or any falsely altered order or check, on said bank or corporation, or any cashier thereof, knowing the same to be falsely altered, with intention to defraud the said corporation, or any other body. politic, or person; every such person shall be deemed and adjudged guilty of felony; and being thereof convicted, by due course of law, shall be sentenced to be imprisoned, and kept to hard labour," not under three, nor above ten years; or imprisonment, not above ten years, and fined, not above Art. 4. CH. 200. $5000; "provided, that nothing herein contained shall be construed to deprive the courts of the individual States of a jurisdiction, under the laws of the several States, over the offence declared punishable by this act. 2 Mass. R. wealth v. Boynton. 3. A similar provision for punishing the counterfeiting bank bills, or aiding in counterfetting them, or any order or check; or falsely altering them, or causing them to be falsely altered, or aiding therein; or passing, or attempting to pass, as true, any counterfeit bill or note, purporting to be &c., or any counterfeit order or check, knowing it to be counterfeit; or pass, or attempt to pass, as true, any falsely altered bill, note, order, or check, knowing it to be falsely altered, with intention to defraud &c., has been made, in many cases, in the laws of the several States, public and private: but all, generally, on the same principles, and nearly in the same words. §4. Deft. was indicted for uttering, as true, a certain bill, 77, Cominon- counterfeited to the likeness of a bill issued by order of the president &c. of the New Hampshire bank, established by law &c., signed by the president, and countersigned by the cashier-Peabody. The jury found this name not the name of any person ever cashier of that bank; so a fictitious name, so not within Massachusetts act of March 6, 1801; for, by that, the bill must purport to be countersigned by a real cashier. 2 Mass. R. 128, Commonwealth v. Morse. 2 Mass. R. 338, Com 5. Held, the possession of materials, devised, adapted, and designed for counterfeiting bank notes, without an intent to use them in counterfeiting, is not an offence within Massachusetts act of March 15, 1805. This act is, with an intent to use &c. The same in forging bills &c. § 6. So not an offence within said act, to possess forged bills, purporting to be bills of the bank of A. no such bank, monwealth r. in fact, existing, with intent to pass them as genuine bills; for the act only respects a bank established by law in this, or in any of the United States. Morse. 2 Mass. R. 373, Com monwealth v. Ross. 11 Mass. R. 136, Com 7. Indictment for uttering a forged promissory note, need not state the date of the note, nor the time when the money was made payable. 8. The court held, that procuring a counterfeit bank note to be passed by an ignorant boy, as a true one, was a monwealth v. sufficient passing within the statute of 1804, c. 120, s. 3, that knowing it to be counterfeit, intending &c. Deft. agreed to give the boy half of the bill for passing it. Hill. 1 Doug. 300, upon 9. Deft. was indicted for uttering a bank note; held, the Rex v. Jones. word, purporting to be a bank note, mean, that the note, the face of it, appears to be a bank note, and the want of such appearance cannot be supplied, so as to support an indictment, by any representations of the party, when he dis nosed of it. CH. 200. Art. 5. 10. It is death and confiscation to counterfeit, or adulterate, the gold or silver coins of France, there current, or to be concerned in uttering, or importing such. This is a very severe law, for modern times. Art. 139 is the same law, as Penal Code, to public securities and bank notes, and state seals. ART. 5. Embezzling public stores. art. 132 &c. gress, April, §1. This act provides, that "if any person or persons, Act of Conhaving at any time hereafter the charge or custody of any 30, 1790, sec. arms, ordnance, munition, shot, powder, or habiliments of war, 16. belonging to the United States; or of any victuals provided for the victualling of any soldiers, marines, or pioneers, shall for any lucre or gain, or wittingly, advisedly, and of purpose to hinder or impede the service of the United States, embezzle, purloin, or convey away, any of the said arms, ordnance, munition, shot or powder, habiliments of war, or victuals, that then, and in every of the cases aforesaid, the person or persons so offending, their cousellors, aiders and abettors (knowing of, and privy to, the offence aforesaid) shall, on conviction, be fined, not exceeding the fourfold value of the property so stolen, embezzled, or purloined," a moiety to the United States, and a moiety to the informer and prosecutor, and be publicly whipped, not exceeding thirty-nine stripes. By the P. Code, art. French law, hard labour generally. 169 to 173. 2. This offence of embezzling public stores in England, 4 Bl. Com. is made a felony by 31 El. c. 4; but the above act of Con- 101-Act of Cong. Apr. gress has not declared this offence felony. So embezzling 10, 1806. public stores of any kind in the army, is severely punished by the 36th article of war, as forfeiture of the amount embezzled, loss of pay, and dismission from the public service. ART. 6. Serving foreign states, and cruising against a friendly nation. June 5, 1794. § 1. Section 1 of this act provides, "that if any citizen of Act of Cong. the United States shall, within the territory or jurisdiction of Made perthe same, accept or exercise a commission to serve a foreign petual April prince or state in war, by land or sea, the person so offending, 24, 1800. shall be guilty of a high misdemeanour, and shall be fined, not more than $2000, and shall be imprisoned, not exceeding three years. § 2. Section 2 also makes it a high misdemeanour for any within the United States, "to enlist or enter himself, or hire or retain another person to enlist, or enter himself, or to go beyond the limits or jurisdiction of the United States, with intent to be enlisted or entered in the service of any foreign. prince or state, as a soldier, or as a marine, or seaman on board of any vessel of war, letter of marque, or privateer." But this section extends not to a foreigner transiently in the United States. This section also exempts those who in thirty Ca. 200. days discover the person or persons by whom he was so enlisted &c., so that such person or persons be convicted of the said offence. Art. 6. § 3. Section 3 nakes it a high misdemeanour to fit out ships of war, or to issue commissions for persons to serve one foreign state against another at peace with the United States. Punishment, fine and imprisonment, and forfeiture of the vessel of war, and of all implements, arms, provisions, &c. § 4. Section 4 makes it a misdemeanour to increase any such force in the United States, for such purposes. § 5. Section 5 makes it a high misdemeanour to set on foot in the United States, any military expedition against a nation at peace with the United States. § 6. Section 6 empowers the District Courts to take cognizance of " captures made within the waters of the United States, or within a marine league of the coasts or shores thereof." § 7. Section 7 provided, that "in every case in which a vessel shall be fitted out, or armed, or attempted to be fitted out or armed, or in which the force of any vessel of war, cruiser, or other armed vessel shall be increased or augmented, or in which any military expedition or enterprise shall be begun or set on foot, contrary to the prohibitions or provisions of this act; and in every case of the capture of a ship or vessel within the jurisdiction or protection of the United States, as above defined, and in every case in which any process issuing out of any court of the United States, shall be disobeyed or resisted by any person or persons having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of the subjects or citizens of such prince or state." The president, or such person as he may empower for the purpose, may employ "such part of the land or naval forces of the United States, or of the militia thereof, as shall be judged necessary, for the purpose of taking possession of, and detaining any such ship or vessel, with her prize or prizes, if any, in order to the execution of the prohibitions and penalty of the act, and to the restoration of such prize or prizes, in the cases in which restoration shall have been adjudged, and also for the purpose of preventing the carrying on of any such expedition or enterprize from the territories of the United States, against the territories or dominions of any foreign prince or state with whom the United States are at peace." Also by section 8, to employ such force "to compel any foreign ship or vessel to depart the United States, in all cases in which by the laws of nations or the treaties of the United States, they ought not to remain within the United States." Section 9 provides, nothing in this act shall prevent the prosecution of treason or any piracy defined by a treaty or other law of the United States. § 8. This act was passed in the commencement of the French revolution, when attempts were made in the United States, to engage their citizens in enterprizes against the enemies of France. June 14, 1797. This act of Congress was passed to prevent citizens of the United States from privateering against nations in amity with, or against citizens of, the United States; and principally from fitting out armed vessels for such purposes without the limits of the United States; and from being concerned in such ; the crime a high misdemeanour, to be tried where the offender is brought in or apprehended; fine, not exceeding $10,000, and ten years' imprisonment. ART. 7. Desertion. CH. 200. Art. 7. of the United States, art. 1, sec. 8, sec.10. § 1. By this article of the constitution of the United States, Constitution Congress has power "to make rules for the government and regulation of the land and naval force; and no state, without the consent of Congress, shall keep troops or ships of war in time of peace." § 2. September 1776, the old Congress established arti- Journals of the Old cles of war. Section 6, article 1, enacted, that every officer Congress, or soldier, who having received pay, or having been duly en- Sept.20,1776. listed in the service of the United States, shall be convictedAct of Cong Apr. of having deserted the same, shall suffer death or such pun- 10, 1806, art. ishment as by a court martial shall be awarded. And article 20, 22, 23. 2, if any non-commissioned officer or soldier absent himself from his troop, or company, or from any detachment, with which he shall be commanded, he shall, upon being convicted thereof, be punished according to the nature of his offence, at the discretion of a court martial. Article 3, no non-commissioned officer or soldier shall enlist himself in any other regiment, troop, or company, without a regular discharge from the regiment, troop, or company, in which he last served, on the penalty of being reputed a deserter, and suffering accordingly," and any officer knowingly receiving or retaining him, is liable to be cashiered. By the articles of war, especially of April 10, 1806, article 7 &c. mutiny or sedition in the army is punished as desertion is. By the articles of Confederation, Congress bad the same power over the land and naval forces of the United States, as above under the Federal constitution. § 3. This act provided, that " any non-commissioned officer Mass. act, Oct. 24,1786, or soldier who shall desert, or without leave from his com- art. 8. manding officer, absent himself from the troop or company to which he belongs, or from any detachment of the same, shall, upon conviction thereof, suffer death, or such other punish |