THIRTY—SEVENTH CONGRESS. Sess. II. Ch. 189, 190, 195. 1862. 589 potency of witnesses in the courts of the United States, in trials at common law, in equity, and admiralty. _ _ Sec. 2. And be itjltrt/ter enacted, That so much of section twenty-nine mJ“"°"S m °“P" ol` an act entitled “An act to establish [the] judicial courts of the United cam` States," approved September twenty-four, seventeen hundred and eighty- 17S9,ch.20, gag. nine, as requires, in cases punishable with death, twelve petit jurors to be V°1-i- P· 88- summoned from the county where the ollence was committed, be, and the same is hereby, repealed. Approved, July 16, 1862. CHAP. CXC.—An Act prohibiting the Confinement of Persons in the Military Ser- July 16, 1862. vice of the United Stalw in the Penitentiary of the Distvfct ty` Columbia, except as a "”""_*‘ Punzshmentjbr certain Crimes, and to discharge ther¢·om certazn Convicts by Sentence of Courts-martial, and jbr other Purposes. Be it enacted ly the Senate and House ty Representatives <y" the United States of America in Congress assembled, That hereafter no person in the When persons military service of the United States, convicted and sentenced by a court- hl "‘m“"`5LS°" martial, shall be punished by confinement in the penitentiary of the Dis- H:eBdl?:}L€,;t;(;{- trict of Columbia, unless the offence of which such person may be convicted ¢i¤ry· would by some statute of the United States or at common law, as the same exists in the said District, subject such convict to said punishment. Sec. 2. And be it further enacted, That all such persons in the military When such pciservice, as aforesaid, who have heretofore been, or may hereafter be, con- $0}*5 ¤°W_*h€*°i¤ victed and sentenced by a court-martial for any olfence which, if tried ;l;,'Q{glQ€Qf1lS` before the criminal court of said District, would not subject such person to imprisonment in said penitentiary, and who are now or may hereafter be confined therein, shall be discharged from said imprisonment, upon such terms and conditions of further punishment as the President of the United States may, in his discretion, impose as a commutation of said sentence. Sec. 3. And be it further enacted, That upon the application of any Mode ofdiscitizen of the United States, supported by his oath, alleging that a person °h“’€°· or persons in the military service, as aforesaid, are confined in said penitentiary under the sentence of a court-martial for any offence not punishable by imprisonment in the penitentiary by the authority of the criminal court aforesaid, it shall be the duty of the judge of said court, or, in case of his absence or inability, of one of the judges of the circuit court of said District, if, upon an inspection of the record of proceedings of said courtmartial, he shall find the facts to be as alleged in said application, immediately to issue the writ of habeas corpus to bring before him the said convict; and if, upon an investigation of the case, it shall be the opinion of such judge that the case of such convict is within the provisions of the previous sections of this act, he shall order such convict to be confined in the common jail of said District, until the decision of the President of the United States as to the commutation aforesaid shall be filed in said court, and then such convict shall be disposed of and suffer such punishment as by said commutation of his said sentence may be imposed. S110. 4. And be it further enacted, That no person convicted upon the Convicts by decision of a court-martial shall be confined in any penitentiary of the d"?: United States, except under the conditions of this act. penitentiary. Approved, July 16, 1862. HAP. .—An Act to su ess lnsurrection to unish Treason and Rebellion to C Cxcbgze and ccnjiseate tip',-Property ey" Rebels, alltd for other Purposes. , 3 • · Bo it enacted by the Senate and House of Representatives of the Gzited i P States of America in Congress assembled, That every person who shall Treason7h0W hereafter commit the crime of treason against the United States, and shall punished.
