dicted of the crimes aforesaid, shall be allowed and admitted in his said defence to make any proof that he or they can produce, by lawful witness or witnesses,and with process to compel the attendance of witnesses. and shall have the like process of the court where he or they shall be tried, to compel his or their witnesses to appear at his or their trial, as is usually granted to compel witnesses to appear on the prosecution against them.
In cases of treason or other capital offence, prisoner standing mute, how to be proceeded against.
Act of March 3, 1825, ch. 65, sec. 14.Sec. 30. And be it further enacted, That if any person or persons be indicted of treason against the United States, and shall stand mute or refuse to plead, or shall challenge peremptorily above the number of thirty-five of the jury; or if any person or persons 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 answer to the indictment, or challenge peremptorily above the number of twenty persons of the jury; the court, in any of the cases aforesaid, shall notwithstanding proceed to the trial of the person or persons so standing mute or challenging, as if he or they had pleaded not guilty, and render judgment thereon accordingly.
No benefit of clergy in cases where the punishment is death.Sec. 31. And be it further enacted, That the benefit of clergy shall not be used or allowed, upon conviction of any crime, for which, by any statute of the United States, the punishment is or shall be declared to be death.
No prosecution or punishment for treason or other capital offence unless indictment be found within three years, nor in other cases unless within two years;
except the offender flee.Sec. 32. And be it further enacted, That no person or persons shall be prosecuted, tried or punished for treason or other capital offence aforesaid, wilful murder or forgery excepted, unless the indictment for the same shall be found by a grand jury within three years next after the treason or capital offence aforesaid shall be done or committed; nor shall any person be prosecuted, tried or punished for any offence, not capital, nor for any fine or forfeiture under any penal statute, unless the indictment or information for the same shall be found or instituted within two years from the time of committing the offence, or incurring the fine or forfeiture aforesaid: Provided, That nothing herein contained shall extend to any person or persons fleeing from justice.
Punishment of death to be by hanging.Sec. 33. And be it further enacted, That the manner of inflicting the punishment of death, shall be by hanging the person convicted by the neck until dead.
Approved, April 30, 1790.
Statute ⅠⅠ.April 30, 1790.
Chap. X.—An Act for regulating the Military Establishment of the United States.
Repealed by Act of March 3, 1795, ch. 44, sec. 18.Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the commissioned officers herein after mentioned, and the number of one thousand two hundred and sixteen non-commissioned officers, privates and musicians,Number of troops, and term of service. shall be raised for the service of the United States, for the period of three years, unless they should previously by law be discharged.
Of what size and age.Sec. 2. And be it further enacted, That the non-commissioned officers and privates aforesaid shall, at the time of their enlistments respectively, be able-bodied men, not under five feet six inches in height, without shoes; nor under the age of eighteen, nor above the age of forty-six years.
How formed into regiments and battalions.Sec. 3. And be it further enacted, That the commissioned officers herein after mentioned, and the said non-commissioned officers, privates and musicians, shall be formed into one regiment of infantry, to consist of three battalions, and one battalion of artillery. The regiment of infantry to be composed of one lieutenant-colonel commandant, three majors, three adjutants, three quartermasters, one paymaster, one surgeon, two surgeon’s mates, and twelve companies, each of which shall consist of one captain, one lieutenant, one ensign, four sergeants, four