may be permitted so to change the destination of the vessel and cargo in his manifest; whereupon the collector shall deliver him a written permit to proceed to the port so designated. And the Secretary of the Treasury, with the approval of the President, shall make proper regulations for the enforcement on shipboard of such provisions of the laws regulating the assessment and collection of duties as in his judgment may be necessary and practicable. [R. S.] Act of July 13, 1861, ch. 3, 12 Stat. L. 256. Sec. 5316. [Enforcement of preceding sections.] It shall be unlawful to take any vessel or cargo detained under the preceding section from the custody of the proper officers of the customs, unless by process of some court of the United States; and in case of any attempt otherwise to take such vessel or cargo by any force, or combination, or assemblage of persons, too great to be overcome by the officers of the customs, the President, or such person as he shall have empowered for that purpose, may employ such part of the Army or Navy or militia of the United States, or such force of citizen volunteers as may be necessary, to prevent the removal of such vessel or cargo, and to protect the officers of the customs in retaining the custody thereof. [R. S.] Act of July 12, 1861, ch. 3, 12 Stat. L. 256. Sec. 5317. [Entire district closed to entry.] Whenever, in any collectiondistrict, the duties on imports cannot, in the judgment of the President, be collected in the ordinary way, nor in the manner provided by the three preceding sections, by reason of the cause mentioned in section fifty-three hundred and fourteen, the President may close the port of entry in that district; and shall in such case give notice thereof by proclamation. And thereupon all right of importation, warehousing, and other privileges incident to ports of entry shall cease and be discontinued at such port so closed until it is opened by the order of the President on the cessation of such obstructions. Every vessel from beyond the United States, or having on board any merchandise liable to duty, which attempts to enter any port which has been closed under this section, shall, with her tackle, apparel, furniture, and cargo, be forfeited. [R. S.] Act of July 12, 1861, ch. 3, 12 Stat. L. 256. Sec. 5318. [Relates to employment of vessels in addition to revenue cutters, in execution of laws. See REVENUE MARINE.] Sec. 5319. [Forfeiture of vessels belonging to citizens of insurrectionary States.] From and after fifteen days after the issuing of the proclamation, as provided in section fifty-three hundred and one, any vessel belonging in whole or in part to any citizen or inhabitant of such State or part of a State whose inhabitants are so declared in a state of insurrection, found at sea, or in any port of the rest of the United States, shall be forfeited. [R. S.] Act of July 12, 1861, ch. 3, 12 Stat. L. 256. A vessel belonging to an alien. - A female alien, temporarily residing in Louisiana, in no way engaged in mercantile or other business, but merely visiting relatives and settling matters of account, and intending to re turn to her own country, was held not such a citizen or inhabitant as would subject a vessel owned by her to forfeiture, when the vessel was obtained by her as a neutral creditor in payment of a debt due to her. The D. F. Keeling, (1861) Blatchf. Prize Cas. 92. Sec. 5320. [Refusal of clearance to vessels laden with suspected merchandise.] The Secretary of the Treasury is authorized to refuse a clearance to any vessel or other vehicle laden with merchandise, destined for a foreign or domestic port, whenever he shall have satisfactory reason to believe that such merchandise, or any part thereof, whatever may be its ostensible destination, is intended for ports in possession or under control of insurgents against the United States; and if any vessel for which a clearance or permit has been refused by the Secretary of the Treasury, or by his order, shall depart or attempt to depart for a foreign or domestic port without being duly cleared or permitted, such vessel, with her tackle, apparel, furniture, and cargo, shall be forfeited. [R. S.] Act of May 20, 1862, ch. 81, 12 Stat. L. 404. Foreign ship detained in violation of treaty. — See Diekelman's Case, (1872) 8 Ct. Cl. 371. Sec. 5321. [Bond upon clearance.] Whenever a permit or clearance is granted for either a foreign or domestic port, it shall be lawful for the collector of the customs granting the same, if he deems it necessary, under the circumstances of the case, to require a bond to be executed by the master or the owner of the vessel, in a penalty equal to the value of the cargo, and with sureties to the satisfaction of such collector, that the cargo shall be delivered at the destination for which it is cleared or permitted, and that no part thereof shall be used in affording aid or comfort to any person or parties in insurrection against the authority of the United States. [R. S.] Act of May 20, 1862, ch. 81, 12 Stat. L. 404. Validity of bond. - See U. S. v. Mora, (1878) 97 U. S. 419. Sec. 5322. [Liens upon condemned vessels.] In all cases wherein any vessel, or other property, is condemned in any proceeding by virtue of any laws relating to insurrection or rebellion, the court rendering judgment of condemnation shall, notwithstanding such condemnation, and before awarding such vessel, or other property, or the proceeds thereof, to the United States, or to any informer, first provide for the payment, out of the proceeds of such vessel, or other property, of any bona-fide claims which shall be filed by any loyal citizen of the United States, or of any foreign state or power at peace and amity with the United States, intervening in such proceeding, and which shall be duly established by evidence as a valid claim against such vessel, or other property, under the laws of the United States or of any State thereof not declared to be in insurrection. No such claim shall be allowed in any case where the claimant has knowingly participated in the illegal use of such ship, vessel, or other property. This section shall extend to such claims only as might have been enforced specifically against such vessel, or other property, in any State not declared to be in insurrection, wherein such claim arose. Act of March 3, 1863, ch. 90, 12 Stat. L. 762. This statute has no reference to cases of condemnation as prize jure belli, nor does it modify the law of prize in any respect. The [R. S.] Hampton, (1866) 5 Wall. (U. S.) 372. See Sec. 5334. [Inciting or engaging in rebellion or insurrection.] Every person who incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States, or the laws thereof, or gives aid or comfort thereto, shall be punished by imprisonment not 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. [R. S.] Act of July 17, 1862, ch. 195, 12 Stat. L. 590. This and the following sections (5336. 5337. 5338) are from chapter 2, title 60, Crimes against the Existence of the Government." For other sections of this chapter see FOR- R. S. sec. 5335 relates to criminal corre spondence with foreign governments. See FOREIGN RELATIONS. Purpose and scope of the statute. See U. S. v. Greathouse, (1863) 4 Sawy. (U. S.) 457. Disability to receive debts due to the accused, whether from individuals or the United States, is not made a consequence of any offense. Hart's Case, (1880) 16 Ct. Cl. 459. The act of dispatching an American vessel to a neutral port, in ballast, with the ascertained purpose of there taking in cargo to run the blockade, is an offense under this statute. (1863) 10 Op. Atty.-Gen. 513. An acquittal before a court-martial of a violation of article 46 of the Articles of War, section 1342, R. S., is a bar to a prosecution under this section, as there is a want of identity in the charges. U. S. v. Cashiel, (1863) 1 Hughes (U. S.) 552. A pardon exempts from all liability. Hart's Case, (1880) 16 Ct. Cl. 459. Pargoud's Case, (1868) 4 Ct. Cl. 337. See also Sec. 5336. [Seditious conspiracy.] If two or more persons in any State or Territory conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against 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. [R. S.] Act of July 31, 1861, ch. 33, 12 Stat. L. 284; Act of April 20, 1871, ch. 22, 17 Stat. L. 13. The word "conspire" is used as equivalent to " agree among themselves." Wright v. U. S., (C. C. A. 1901) 108 Fed. Rep. 805. "To constitute an offense under the first clause, the authority of the government must be opposed; that is to say, force must be* brought to resist some positive assertion of authority by the government." Baldwin v. Franks, (1887) 120 U. S. 693. "As to the second clause, the offense consists in preventing, hindering, or delaying the government of the United States in the execution of its laws. This, as well as the other [the first clause], means something more than setting the laws themselves at defiance. There must be a forcible resistance of the authority of the United States while endeavoring to carry the laws into execution." Baldwin v. Franks, (1887) 120 U. S. 693. See In re Grand Jury, (1894) 62 Fed. Rep. 837; In re Grand Jury, (1886) 26 Fed. Rep. 749. But in the charge to Grand Jury, (1861) 1 Bond (U. S.) 609, the court said: This statute punishes a conspiracy by two or more, to do any of the unlawful acts which it specifies. Under the Act of 1790, defining and punishing treason, it has been held by the courts, that to conspire to overthrow the government, or to do any hostile act against it, did not invoke the crime of treason, unless there was an attempt to consummate the treasonable act. Hence the necessity of the late statute, to meet the case of a treasonable conspiracy." Sec. 5337. [Recruiting soldiers or sailors to serve against the United States.] Every person who recruits soldiers or sailors within the United States to engage in armed hostility against the same, or who opens within the United States a recruiting station for the enlistment of such soldiers or sailors, 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. [R. S.] Act of Aug. 6, 1861, ch. 56, 12 Stat. L. 317. "It seems to have been the view of the Congress by which [this statute] was enacted, that recruiting or enlisting soldiers or sailors for the service of the enemy, or opening a recruiting station for that purpose, or the act of being enlisted, were not treasonable within the law of 1790, and that further legislation was therefore needed to warrant their punishment." Charge to Grand Jury, (1861) 1 Bond (U. S.) 609. See also Charge to Grand Jury, (1863) 2 Sprague (U. S.) 292. Sec. 5338. [Enlistment to serve against the United States.] 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. [R. S.] Act of Aug. 6, 1861, ch. 56, 12 Stat. L. 317. INTERIOR DEPARTMENT. R. S. 437. Establishment of Department of the Interior, 535. 438. Assistant Secretary of the Interior, 536. 439. His Duties, 536. 440. Clerks and Employees, 536. 441. Duties of Secretary, 537 442. Powers of Secretary, 538. 444. Expenditures of the Department, 538. 445. (Annual Report to Congress, see ESTIMATES, APPROPRIATIONS, AND REPORTS, Vol. 2, p. 927), 538. Resolution No. 4 of Feb. 1, 1884, 538. House Committee on Pensions and Invalid Pensions to Have Detail of Clerk from Interior Department, 538. Act of March 3, 1875, ch. 131, 539. Sec. 14. Commissions of Officers under Secretary of Interior to Be Made, etc., in His Department, etc., 539. CROSS-REFERENCES. For various Bureaus and Departments under the Interior Department, see EDUCA- Authority to Prescribe Regulations, see EXECUTIVE DEPARTMENTS, ante, Chief Clerk of Department, see EXECUTIVE DEPARTMENTS, ante, p. 56. Disbursing Clerks, see EXECUTIVE DEPARTMENTS, ante, p. 56. Employment of Attorneys and Counsel, see EXECUTIVE DEPARTMENTS, ante, p. 56. Employment of Clerks and Employees' Compensation, Vacancies in Office, etc., see CIVIL SERVICE, vol. 1, p. 808; EXECUTIVE DEPARTMENTS, ante, p. 56. Estimates of Expenditures and Appropriations and Reports to Congress, see ESTI- Hospitals and Asylums, see HOSPITALS AND ASYLUMS, ante, p. 238. Report of Chief Clerk, see EXECUTIVE DEPARTMENTS, ante, p. 56. Settlement of Accounts, see TREASURY DEPARTMENT. Sec. 437. [Establishment of Department of the Interior.] There shall be at the seat of Government an Executive Department to be known as the Department of the Interior, and a Secretary of the Interior, who shall be the head thereof. [R. S.] Act of March 3, 1849, ch. 108, 9 Stat. L. 395. Sections 437-440 constitute chapter 1 of title XI. of the Revised Statutes. "The secretary of the interior has authority to disbar for misconduct attorneys prac ticing before his department. This authority is not given by statute, but seems to have been exercised heretofore by heads of departments for the protection of the government." (1880) 16 Op. Atty.-Gen. 488. Sec. 438. [Assistant Secretary of the Interior.] There shall be in the Department of the Interior an Assistant Secretary of the Interior, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be entitled to a salary of six thousand dollars a year, to be paid monthly. [R. S.] Act of March 14, 1862, ch. 41, 12 Stat. L. 369; Act of March 3, 1873, ch. 226, 17 Stat. L. 486. By the Act of Jan. 20, 1874, ch. 11, 18 Stat. L. 4, the salary of the assistant secretary was reduced to $3,500. See title CONGRESS, vol. 2, p. 216. The salary of the assistant secretary as also the salaries of all other officers, clerks, and employees of the department as well as the number of such persons depend upon the provisions for salaries and number of persons to be employed, in the annual appropriation acts. See EXECUTIVE DEPARTMENTS. The Legislative, Executive, and Judicial Appropriation Act of April 28, 1902, ch. 594, 32 Stat. L. 156, making appropriations for salaries, provides as follows: "For compensation of the Secretary of the Interior, eight thousand dollars; First Assistant Secretary, four thousand five hundred dollars, and for additional compensation while the office is held by the present incumbent, one thousand five hundred dollars; Assistant Secretary, four thousand dollars." [Here follow provisions for salaries of others in the department.] Sec. 439. [His duties.] The Assistant Secretary of the Interior shall perform such duties in the Department of the Interior as shall be prescribed by the Secretary, or may be required by law. [R. S.] Act of March 14, 1862, ch. 41, 12 Stat. L. 369. When assistant to perform duties of secretary, see R. S. sec. 177, under EXECUTIVE DEPARTMENTS. The consideration and determination of appeals to the secretary from the action of the commissioner of the general land office may be made by the assistant secretary, if the secretary shall by regulation prescribe the performance of such duty. (1888) 19 Op. Atty. Gen. 133. When the assistant acts at a time when the secretary is not absent or sick, under a regulation made by the secretary prescribing his powers, he should sign with his own proper official designation. When the secretary is absent or sick, if the assistant is in charge of the department, in pursuance of section 177 or 179, R. S., he should sign as acting secretary. (1888) 19 Op. Atty. Gen. 133. See also (1886) 18 Op. Atty.-Gen. 432. Sec. 440. [Clerks and employees.] There shall also be in the Department of the Interior: One chief clerk, at a salary of two thousand two hundred dollars a year. A superintendent of the building, to be designated from the fourth-class clerks, who shall be paid two hundred dollars a year additional. Three disbursing clerks. The Secretary may, if he deem it necessary and proper, pay two hundred dollars a year additional to any four clerks of the fourth class. Three messengers, at a salary of nine hundred dollars a year each. One engineer, at a salary of one thousand four hundred dollars a year. One captain of the watch, at one thousand two hundred dollars a year. Twenty-eight watchmen for the general service of the Department building and all the bureaus therein, to be allotted to day or night service, as the Secretary may direct. Public Documents: One superintendent, at a salary of two thousand five hundred dollars a year. In the General Land-Office: One chief clerk, at a salary of two thousand dollars a year. |