1585. 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. TREASON. Treason. Apr. 30, 1790, c. s. 1, v. 1, p. 112; 1586. Every person owing allegiance to the United States who levies war against them, or adheres to their enemies, 9, giving them aid and comfort within the United States or 145, v. 18, pp. 479, elsewhere, is guilty of treason.' Mar. 3, 1875. c. 480. Sec. 5331, R. S. Punishment of July 17, 1862, c. treason. 195, ss. 1, 3, v. 12, p. 589. Sec. 5332, R. S. 1587. 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.2 1588. Every person owing allegiance to the United States and having knowledge of the commission of any treason against them, who conceals, and does not, as soon as may U. S. v. be, disclose and make known the same to the President or Confiscation to some judge of the United States, or to the governor, 221; U. S. v. Tract or to some judge or justice of a particular State, is guilty 475. of misprision of treason, and shall be imprisoned not more than seven years, and fined not more than one thousand dollars. Misprision of treason. Apr. 30, 1790, c. 9, s. 2, v. 1. p. 112. Wiltberger, 5 Wh.,97; cases, 1 Woods, of Land, 1 Woods, Sec. 5333, R. S. Inciting or engaging in rebel tion. 195, s. 2, v. 12, p. 1589. 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. 1590. Every citizen of the United States, whether actually resident or abiding within the same, or in any foreign country, who, without the permission or authority of the Government, directly or indirectly, commences or carries on any verbal or written correspondence or intercourse with any foreign government, or any officer or agent thereof, Gearing v. U. S., 3 N. & H., 165. U. 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. Sec. 5334, R. S. Criminal corre spondence with foreign govern ments. Jan. 30, 1799, c. 1, v. 1. p. 613. Seditious con. spiracy. 33, v. 12, p. 284; 22, s. 2, v. 17, p. 13. Lange, 18 Wall., 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. 1591. If two or more persons in any State or Territory July 31, 1861, c. conspire to overthrow, put down, or to destroy by force the Apr. 20, 1871, c. Government of the United States, or to levy war against Ex 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. 1592. Every person who recruits soldiers or sailors within to serve against the United States to engage in armed hostility against the same, or who opens within the United States a recruiting 56, s. 1, v. 12, p. station for the enlistment of such soldiers or sailors, to Sec. 5837, R. S. 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. 317. Enlistment to serve against the United States. Sec. 2, ibid. 1593. Every soldier or sailor enlisted or engaged within the United States, with intent to serve in armed hostility Sec. 5338, R.S. 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. 1594-1612. The general pension 1655-1663. Declarations and evi THE GENERAL PENSION LAW. 1594. Every person specified in the several classes enumerated in the following section, who has been, since the fourth day of March, eighteen hundred and sixty-one, or who is hereafter disabled under the conditions therein stated, shall, upon making due proof of the fact, according to such forms and regulations as are or may be provided in pursuance of law, be placed on the list of invalid pensioners of the United States, and be entitled to receive, for a total disability, or a permanent specific disability, such pension as is hereinafter provided in such cases; and for an inferior disability, except in cases of permanent specific disability, for which the rate of pension is expressly provided, an amount proportionate to that provided for total disability; and such pension shall commence as hereinafter provided, and continue during the existence of the disability.1 The act of March 3, 1883 (23 Stat. L., 362), contains the requirement that "all applicants for pension shall be presumed to have had no disability at the time of enlistment, but such presumption may be rebutted." merated. Classes enu- 1595. The persons entitled as beneficiaries under the preceding section are as follows: Army and Navy, men, etc. Ibid. Sec. 4693, R. S. Officers of First. Any officer of the Army, including regulars, vol. and enlisted unteers, and militia, or any officer in the Navy or Marine Corps, or any enlisted man, however employed, in the military or naval service of the United States, or in its Marine Corps, whether regularly mustered or not, disabled by reason of any wound or injury received, or disease contracted, while in the service of the United States and in the line of duty.' Master, etc., serving on gun. boat, etc. Volunteers, not enlisted, etc. Acting assistant surgeon, etc. Provost-mar. shal, etc. Pension for wounds received Second. Any master serving on a gun-boat, or any pilot, engineer, sailor, or other person not regularly mustered, serving upon any gun-boat or war-vessel of the United States, disabled by any wound or injury received, or otherwise incapacitated while in the line of duty, for procuring his subsistence by manual labor. Third. Any person not an enlisted soldier in the Army, serving for the time being as a member of the militia of any State, under orders of an officer of the United States, or who volunteered for the time being to serve with any regularly organized military or naval force of the United States, or who otherwise volunteered and rendered service in any engagement with rebels or Indians, disabled in consequence of wounds or injury received in the line of duty in such temporary service. But no claim of a State militiaman, or nonenlisted person, on account of disability from wounds, or injury received in battle with rebels or Indians, while temporarily rendering service, shall be valid unless prosecuted to a successful issue prior to the fourth day of July, eighteen hundred and seventy-four. Fourth. Any acting assistant or contract surgeon disabled by any wound or injury received or disease contracted in the line of duty while actually performing the duties of assistant surgeon or acting assistant surgeon with any military force in the field, or in transitu, or in hospital. Fifth. Any provost-marshal, deputy provost-marshal, or enrolling-officer disabled, by reason of any wound or injury, received in the discharge of his duty, to procure a subsistence by manual labor. 1596. No person shall be entitled to a pension by reason or diseases con of wounds or injury received or disease contracted in the tracted only in line of duty, etc. service of the United States subsequent to the twentySec. 4694, R. S. seventh day of July, eighteen hundred and sixty-eight, unless the person who was wounded, or injured, or Ibid., p. 567. For statutes regulating the remuster of officers, see the joint resolution of July 26, 1866 (14 Stat. L., 368), June 3, 1884 (23 Stat. L., 35), and February 3, 1887 (24 Stat. L., 377). contracted the disease was in the line of duty; and, if in the military service, was at the time actually in the field, or on the march, or at some post, fort, or garrison, or en route, by direction of competent authority, to some post, fort, or garrison; or, if in the naval service, was at the time borne on the books of some ship or other vessel of the United States, at sea or in harbor, actually in commission, or was at some naval station, or on his way, by direction of competent authority, to the United States, or to some other vessel or naval station, or hospital. sion for total Sec. 2, ibid., p. Sec. 4695, R. S. 1597. The pension for total disability shall be as follows, Rates of pennamely: For lieutenant-colonel and all officers of higher disability rank in the military service and in the Marine Corps, and 567. for captain, and all officers of higher rank, commander, surgeon, paymaster, and chief engineer, respectively ranking with commander by law, lieutenant commanding and master commanding, in the naval service, thirty doliars per month; for major in the military service and in the Marine Corps, and lieutenant, surgeon, paymaster, and chief engineer, respectively ranking with lieutenant by law, and passed assistant surgeon in the naval service, twenty-five dollars per month; for captain in the military service and in the Marine Corps, chaplain in the Army, and provostmarshal, professor of mathematics, master, assistant sur geon, assistant paymaster, and chaplain in the naval service, twenty dollars per month; for first lieutenant in the military service and in the Marine Corps, acting assistant or contract surgeon, and deputy provost-marshal, seventeen dollars per month; for second lieutenant in the military service and in the Marine Corps, first assistant engineer, ensign, and pilot in the naval service, and enrolling-officer, fifteen dollars per month; for cadet-midshipman, passed midshipman, midshipmen, clerks of admi. rals and paymasters and of other officers commanding vessels, second and third assistant engineer, master's mate, and all warrant-officers in the naval service, ten dollars per month; and for all other persons whose rank or office is not mentioned in this section, eight dollars per month; and the masters, pilots, engineers, sailors, and crews upon the gun-boats and war-vessels shall be entitled to receive the pension allowed herein to those of like rank in the naval service.1 Pension accord 1598. Every commissioned officer of the Army, Navy, or ing to rank. Marine Corps shall receive such and only such pension as By section 4692, Revised Statutes (paragraph 1594, supra), an inferior disability shall be rated in proportion to that for total disability. Ibid. |