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Of any personin any case,matter, &c.,whowhen on oath oraffirmation,shall be requir-ed to be takenor administer-ed, under anylaw of the Uni-ted States , shallwilfully swearfalsely.
Act of April30, 1790, ch. 9,sec. 19.
When anyperson is ar-raigned forany offence,not capital, andrefuse to answerto such indict-ment, judgmentshall be render-ed accordingly.
Act of April30, 1790, sec.
29.
In every casewhere a crimi-nal is convicted,the court whichshall pass thesentence shallorder the sameto be executedin any state pri-son, &c.
Act of April
30, 1790, ch. 9,sec. 23.
Punishmentof any personemployed in theBank of the
any particular state, every person so offending, shall be deemed guilty offelony, and shall, on conviction thereof, suffer death: Provided, That no-thing herein contained shall be construed to take away or impair the rightof any court martial to punish any offence, which, by the law of the UnitedStates , may be punishable by such court.
Sec. 12. And be it further enacted, That, if any officer of theUnited States shall be guilty of extortion, under, or by colour of hisoffice, every person so offending shall, on conviction thereof, be punishedby fine, not exceeding five hundred dollars, or by imprisonment, not ex-ceeding one year, according to the aggravation of the offence, (a)
Sec. 13. And be it further enacted, That, if any person, in any case,matter, hearing, or other proceeding, when an oath or affirmation shallbe required to be taken or administered under or by any law or laws ofthe United States , shall, upon the taking of such oath or affirmation,knowingly and willingly swear or affirm falsely, every person, so offending,shall be deemed guilty of perjury, and shall, on conviction thereof, bepunished by fine, not exceeding two thousand dollars, and by imprison-ment and confinement to hard labour, not exceeding five years, accordingto the aggravation of the offence. And if any person or persons shallknowingly or willingly procure any such perjury to be committed, everyperson so offending shall be deemed guilty of subornation of perjury,and shall on conviction thereof, be punished by fine, not exceeding twothousand dollars, and by imprisonment and confinement to hard labour,not exceeding five years, according to the aggravation of the offence.(ft)
Sec. 14. And be it further enacted, That, if any person, upon his orher arraignment upon any indictment before any court of the UnitedStates for any offence, not capital, shall stand mute, or will not answeror plead to such indictment, the court shall, notwithstanding, proceed tothe trial of the person, so standing mute, or refusing to answer or plead,as if he or she had pleaded not guilty, and upon a verdict being returnedby the jury, may proceed to render judgment accordingly. And the trialof all offences which shall be committed upon the high seas or elsewhere,out of the limits of any state or district, shall be in the district wherethe offender is apprehended, or into which he may be first brought.
Sec. 15. And be it further enacted, That, in every case where anycriminal convicted of any offence against the United States shall be sen-tenced to imprisonment and confinement to hard labour, it shall be law-ful for the court by which the sentence is passed, to order the same to beexecuted in any state prison, or penitentiary within the district wheresuch court is holden; the use of which prison or penitentiary may beallowed or granted by the legislature of such state for such purposes;and the expenses attendant upon the execution of such sentence, shallbe paid by the United States .
Sec. 16. And be it further enacted, That, if any person who shall beemployed as president, cashier, clerk, or servant, in the Bank of theUnited States, created and established by an act, entitled “An act to in-corporate the subscribers to the Bank of the United States,” passed onthe tenth day of April, in the year of our Lord one thousand eight hun-
( a ) Where the United States instituted an action for the recovery of a sum of money on a bond givenwith sureties by a purser in the navy, and the defendants, in substance, pleaded that the bond, withthe condition thereon, was variant from that prescribed by law, and was, under colour of office, extortedfrom the obligor and his sureties, contrary to the statute, by the then Secretary of the Navy , as thecondition of the purser remaining in the office, and receiving the emoluments, and the United States demurred to the plea; it was held, that the plea constituted a good bar to the action. The UnitedStates v. Tingey, 5 Peters, 114.
No officer of the government has a right, by colour of his office, to require from any subordinateofficer, as a condition for his holding his office, that he should execute a bond with a condition differ-ent from that prescribed bylaw. That would be, not to execute, but to supersede the requisites ofthe law. It would be very different, when such bond was, by mistake or otherwise, voluntarily, substi-tuted by the parties for the statute bond, without any coercion, or extortion by colour of office. Ibid,lb) See notes to the fourth section of the act of March 1, 1823, ch. 20.