Violation of the perfon of public iminifter, fhal of the diftrict in which Congrefs fhall refide, who shall upon receipt thereof affix the fame in fome public place in his office, whereto all perfons may refort and take copics without fee or reward. Sec. 28. And be it enacted, That if any pera faic con- fon fhall violate any fafe-conduct or paflport duct, or to duly obtained and iffued under the authority of the United States, or fhall affault, ftrike, wound, imprison, or in any other manner infract the law of nations, by offering violence to the person of an ambassador or other public minifter, fuch perfon fo offending, on conviction, fhall be imprisoned not exceeding three years, and fined at the difcretion of the how punifhed. In cafes of treason, hall have list of the court. Sec. 29. And be it enacted, That any perfon who fhall be accufed and indicted of treaprifoner fon, shall have a copy of the indictment, and copy of in- a lift of the jury and witneffes, to be produdictment. ced on the trial for proving the faid indictment, jury & wit- mentioning the names and places of abode of neffes, & fuch witneffes and jurors, delivered unto him at leaft three entire days before he shall be triIn other ca- ed for the fame; and in other capital offences, pital cafes, copy of in- fhall have fuch copy of the indictment and dictment & lift of the jury two entire days at least before jury: alto the trial: And that every perfon fo accufed be allowed and indicted for any of the crimes aforefaid, list of the counfel, fhall alfo be allowed and admitted to make his full defence by counfel learned in the law; and the court before whom fuch person shall be tried, or fome judge thereof, fhall, and they are hereby authorised and required immediately upon his request, to affign to fuch perfon fuch counfel, not exceeding two, as fuch person shall defire, to whom fuch coun fel fhall have free accefs at all feafonable hours; and every fuch perfon or perfons accufed or indicted of the crimes aforefaid, fhall be allowed and admitted in his faid defence to make any proof that he or they can produce, by lawful witnefs or witneffes, and fhall have the like process of the court where he or they and proce fhall be tried, to compel his or their witneffes to compel to appear at his or their trial, as is ufually dance of granted to compel witneffes to appear on the witneffes, profecution against them. the atten other capi Sec. 30. And be it further enacted, That if in cafes of any person or perfons be indicted of treafon treafon or against the United States, and shall stand mute or tal offence, refufe to plead, or fhall challenge peremptorily prifoner Itanding above the number of thirty-five of the jury; mute, or if any perfon or perfons be indicted of any other of the offences herein before set forth, for which the punishment is declared to be death, if he or they shall also stand mute or will not anfwer to the indictment, or challenge peremptorily above the number of twenty perfons of the jury; the court in any of the cases aforefaid, shall notwithstanding proceed proceeded to the trial of the perfon or perfons fo ftand- against. ing mute or challenging, as if he or they had pleaded not guilty, and render judgment thereon accordingly. Sec. 31. And be it further enacted, That the benefit of clergy fhall not be used or allowed, upon conviction of any crime, for which, by ftatute of the United States, the punithany ment is or fhall be declared to be death. Sec. 32. And be it further enacted, That no perfon or perfons fhall be profecuted, tried or punished for treafon or other capital offence aforefaid, wilful murder or forgery excepted. VOL. I.. P how to be No benefit cafes where the punimin death. of clergy in ment is し cution or or other ca No profe- unless the indictment for the fame fhall be found punishment by a grand jury within three years next after for treafon the treafon or capital offence aforefaid fhall be pital of- done or committed; nor fhall any perfon be fence unless profecuted, tried or punifhed for any offence not capital, nor for any fine or forfeiture unwithin 3 der any penal ftatute, unless the indictment or indiment be found years, nor in other within 2 years; information for the fame fhall be found or incafes unless stituted within two years from the time of committing the offence, or incurring the fine or forfeiture aforefaid: Provided, That nothing except the herein contained fhall extend to any perfon or perfons fleeing from juftice. offender flee. Punishment of death to be by hanging. Sec. 33. And be it further enacted, That the manner of inflicting the punishment of death, fhall be by hanging the person convicted by the neck until dead. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Reprefentatives. JOHN ADAMS, Vice-Prefident of the United States, and Prefident of the Senate. APPROVED, April the 30th, 1790: GEORGE WASHINGTON, Prefident of the United States. CHAPTER X. An Act for regulating the Military Establishment of the United States. (REPEALED.) CHAPTER XI. An Act to prefcribe the Mode in which the public Ats, Records, and judicial Proceedings, in each State, fhall be authenticated so as to take Effect in every other State. B' acts, re judicial feveral E it enacted by the Senate and Houfe of Reprefentatives of the United States of America in Congress affembled, That the acts of the Legislative legiflatures of the feveral states fhall be authen- cords and ticated by having the feal of their respective proceedftates affixed thereto : That the records and ings of the judicial proceedings of the courts of any ftate, ftates, how fhall be proved or admitted in any other court to be au within the United States, by the atteftation of thaticathe clerk, and the feal of the court annexed, if there be a feal, together with a certificate of the judge, chief justice, or prefiding magiftrate, as the cafe may be, that the faid atteftation is in due form. And the faid records and judi- the effect cial proceedings authenticated as aforefaid, thereof. fhall have fuch faith and credit given to them. in every court within the United States, as they have by law or ufage in the courts of the ftate from whence the faid records are, or fhall be taken. FREDERICK AUGUSTUS MUHLENBERG, Speaker of the House of Reprefentatives. JOHN ADAMS, Vice-Prefident of the Unived States, and Prefident of the Senate. APPROVED, May twenty-fixth, 1790: GEORGE WASHINGTON, Prefident of the United States. Mitigation orremiflion CHAPTER XII. An Act to provide for mitigating or remitting the Section 1. B E it enacted by the Senate and Houfe of Reprefentatives of the of penalties, United States of America in Congrefs affembled, &c. how to That whenever any person who now is, or for; and hereafter fhall be liable to a fine, penalty or be applied forfeiture, or interested in any veffel, goods, wares or merchandize, or other thing which may be fubject to feizure and forfeiture, by force of the laws of the United States now exifting, or which may hereafter exift, for collecting duties of impoft and tonnage, and for regulating the coasting trade, fhall prefer his petition to the judge of the diftrict in which fuch fine, penalty or forfeiture may have accrued, truly and particularly fetting forth the circumstances of his cafe, and fhall pray that the fame may be mitigated or remitted; the faid judge fhall enquire in a fummary manner into the circumstances of the cafe, first caufing reasonable notice to be given to the perfon or perfons, claiming fuch fine, penalty or forfeiture, and to the attorney of the Uni-ted States for fuch diftrict, that each may have an opportunity of fhewing caufe against the mitigation or remiffion thereof; and shall cause the facts which fhall appear upon fuch enquiry, to be ftated and annexed to the petition, and direct their tranfmiffion to the Secretary by whom of the Treasury of the United States, who fhall thereupon have power to mitigate or remit fuch fine, penalty or forfeiture, or any part granted; |