the court trying the cause shall be authorized to grant judg ment and award execution accordingly. And all copies of bonds, contracts, or other papers relating to, or connected with, the settlement of any account between the United States and an individual, when certified by such Auditor to be true copies of the originals on file, and authenticated under the seal of the Department, may be annexed to such transcripts, and shall have equal validity, and be entitled to the same degree of credit which would be due to the original papers if produced and authenticated in court: Prorided, That where suit is brought upon a bond or other sealed instrument, and the defendant pleads "non est factum," or makes his motion to the court, verifying such plea or motion by his oath, the court may take the same into consideration, and, if it appears to be necessary for the attainment of justice, may require the production of the original bond, contract, or other paper specified in such affidavit.' card" are original writings made by officers in the performance of duty and competent evidence of the facts recited therein. Copies, authenticated under the seal of the War Departement, according to section 882, Revised Statutes, are equally admissible with the originals. (Ibid., 401, par. 31.) The morning report book is an original writing. To properly admit extracts in evidence, the book should be first identified by the proper custodian, and the extracts then not merely read to the court by the witness, but copied, and the copies, properly verted, attached as exhibits to the record of the court. (Ibid., par. 32.) Copies of pay accounts (charged to have been duplicated) are admissible in evidence where the accused has by his own act placed the originals beyond the reach of process and fails to produce them in court on proper notice. So where the originals are in the hands of a person who has left the United States, so that they can not be reached, on notice to the accused to produce them, or otherwise. (Ibid., par. 34.) To the admission in evidence of a letter written and signed by the accused (of which the introduction is contested) proof of his handwriting is necessary. Evidence of handwriting by comparison is not admissible at common law except where the standard of comparison is an acknowledged or proved genuine writing already in evidence in the case. A writing not in evidence and simply offered to be used as a standard is not admissible. (Ibid.. par. 36) At the trial, in 1894, of an officer charged with a disorder and breach of discipline which involved the killing by him of another officer, there was offered in evidence, on the part of the accused, to exhibit the character and disposition of the officer killed, a copy of a general court martial order of 1872, setting forth certain charges alleging dishonest and unbecoming conduct, upon which the latter officer was then tried and convicted, and the findings of the court thereon. Held, that such evidence was wholly inadmissible for the purpose designed. (Ibid., 402, par. 37.) Strictly speaking, a press copy is secondary to the original document from which it is taken. Such a copy is receivable in evidence on proof of the loss of the original. At the best, however, it continues secondary; hence it has been held that a copy can be produced from a press copy of a lost writing without producing the principal copy. Photographs and other reproductions are secondary. (1 Wharton Ev., Sec. 93.) Except by the consent of the opposite party, the testimony contained in the record of a previous trial of the same or a similar case can not properly be received in evidence on a trial by court-martial; nor can the record of a board of investigation ordered in the same case be-otherwise-so admitted. In all cases (other than that provided for by the one hundred and twenty first article of war) testimony given upon a previous hearing, if desired to be introduced in evidence upon a trial, must (unless it be otherwise specially stipulated between the parties) be offered de novo and as original matter. (Dig. Opin. J. A. Gen., 395, par. 7.) Affidavits taken ex parte, and not as depositions under article 91, are in no case admissible as evidence on a trial by court-martial, if objected to. (a) (Ibid., par. 8.) Waltonr. U.S., 9 Wh., 651; U.S. v. Buford, 3 Pet., 12; Smith e. U.S., 5 Pet., 292; Cox ..S.. 6 Pet., 172; U. S. v. Jones, 8 Pet., 375: Gratiot v. U. S., 15 Pet., 336; U.S. v. Irving, 1 How, 250; Hoyt v. U. S., 10 How., 109; Bruce v. U. S., 17 How., 437; U. S. t. Edwards, 1 Me Lean, 467; U. S. v. Hilliard et al., 3 McLean, 324; U. S. v. Lent, 1 Paine, 417; U. S. c. Martin, 2 Paine, 68; U. S. v. Van Zandt, 2 Cr. C. C., 328; U. S. . Griffith, 2 Cr. C. C., 336; U. S. v. Lee, 2 Cr. C. C., 462; U. S. v. Harrill, 1 McAll., 243 U. S. v. Mattison, Gilp., 44; U. S. c. Corwin, 1 Bond, 149; U. S. v. Gaussen, 19 Wall., 198. a See G. C. M. O. 10, Headquarters Army, 1879; G. O. 21. Department of the Missouri, 1863; G. O. 17, Department of Arkansas, 1866; G. O. 19, Third Military District, 1867; G. O. 49, Department of Dakota, 1871. Transcripts from books of the dietments forem 1350. Upon the trial of any indictment against any perTreasury in inson for embezzling public moneys, it shall be sufficient evibezzlement of dence, for the purpose of showing a balance against such public moneys. Aug. 6, 1846, c. person, to produce a transcript from the books and proMar. 2, 1797, c. 20, ceedings of the Treasury Department, as provided by the Sec. 887, R. S. preceding section.' 90, s. 16, v. 9, p.63; 8. 1, v. 1. p. 512. Copies of re turns in returns office. June 2, 1862, c. 412. 1351. A copy of any return of a contract returned and filed in the returns office of the Department of the Interior. 93, s. 4, v. 12, p. as provided by law, when certified by the clerk of the said Sec. 888, R. S. office to be full and complete, and when authenticated by the seal of the Department, shall be evidence in any prosecution against any officer for falsely and corruptly swearing to the affidavit required by law to be made by sneh officer in making his return of any contract, as required by law, to said returns-office. Extracts from the Journals of Aug. 8, 1846, c. 1352 Extracts from the Journals of the Senate, or of Congress. the House of Representatives, and of the Executive Jour107, s. 1, 9, p. 80. nal of the Senate when the injunction of secrecy is removed, Sec. 895, R. S. certified by the Secretary of the Senate or by the Clerk of the House of Representatives, shall be admitted as evidence in the courts of the United States, and shall have the same force and effect as the originals would have if produced and authenticated in court. Copies of rec ords, etc., in States consuls, etc. 1353. Copies of all official documents and papers in the offices of United Office of any consul, vice-consul, or commercial agent of the United States, and of all official entries in the books or records of any such office, certified under the hand and seal of such officer, shall be admitted in evidence in the courts of the United States. Jan. 8, 1869, c. 7, v. 15, p. 266. Sec. 896, R. S. Authentication of legisla 1354. The acts of the legislature of any State or Territive acts and tory, or of any country subject to the jurisdiction of the proof of judicial proceedings of United States, shall be authenticated by having the seals States, etc. May 26, 1790, c. of such State, Territory, or country affixed thereto. The Mar. 27, 1804, c. records and judicial proceedings of the courts of any State Sec. 905, R. S. or Territory, or of any such country, shall be proved or 11, v. 1, p. 122; 56, s. 2, v. 2, p. 299. admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form. And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from which they are taken.2 IU. S. v. Gaussen, 19 Wall, 198. 2 Ferguson v. Harwood, 7 Cr., 408; Mills v. Duryea, 7 Cr., 481; U. S. v. Amedy, 11 Wh 392; Buckner v. Finley, 2 Pet., 592; Owings v. Hull, 9 Pet., 627; Urtetiqui r. D'Arbei, Proofs of rec ords, etc., kept in taining to courts. 56, ss. 1, 2, v. 2, 21, 1871, c. 62, v. Sec. 906, R. S. 1355. All records and exemplifications of books, which may be kept in any public office of any State or Territory, offices not peror of any country subject to the jurisdiction of the United Mar. 27, 1804, c. States, not appertaining to a court, shall be proved or pp. 298, 299 Feb. admitted in any court or office in any other State or Terri- 16, p. 419. tory, or in any such country, by the attestation of the keeper of the said records or books, and the seal of his office annexed, if there be a seal, together with a certificate of the presiding justice of the court of the county, parish, or district in which such office may be kept, or of the governor, or secretary of state, the chancellor or keeper of the great seal, of the State, or Territory, or country, that the said attestation is in due form, and by the proper officers. If the said certificate is given by the presiding justice of a court, it shall be further authenticated by the clerk or prothonotary of the said court, who shall certify, under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or, if given by such governor, secretary, chancellor, or keeper of the great seal, it shall be under the great seal of the State, Territory, or country aforesaid in which it is made. And the said records and exemplifications, so authenticated, shall have such faith and credit given to them in every court and office within the United States as they have by law or usage in the courts or offices of the State, Territory, or country, as aforesaid, from which they are taken. & Brown's evidence. Aug. 8, 1846, c. 100, s. 2, v. 9, p. 76. Sec. 908, R. S. 1356. The edition of the Laws of the United States pub- Lilition of the lished by Little & Brown, shall be competent evidence of Statutes to be the several public and private acts of Congress, and of the, several treaties therein contained, in all the courts of law and equity and of maritime jurisdiction, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentication thereof.1 9 Pet.. 700; McElmoyle, v. Cohen, 13 Pet, 312; Stacey v. Thrasher, 6 How., 44; Bank of Alabama r. Dalton, 9 How., 522; D'Arcy v. Ketchum, 11 How., 165; Railroad v. Howard, 13 How., 307; Booth v. Clark, 17 How., 322; Mason v. Lawreson, I Cr. C. C., 190; Buford v. Hickman, Hemp., 232; Craig v. Brown, Pet. C. C., 354; Stewart v. Gray, Hemp., 94; Gardner . Lindo, 1 Cr C. C., 78, Trigg v. Conway, Hemp., 538; Turner v. Waddington, 3 Wash. C. C., 126, Catlin e. Underhill, 4 MeL., 199; Morgan v. Curtenius, 4 McL., 366; Hale v. Brotherton, 3 Cr. C. C., 594; Mewster v. Spalding, 6 McL., 24; Parrot r. Habersham, 1 Cr. C. C., 14; Talcott v. Delaware Ins. Com., 2 Wash. C. C. 449; James. Stookey, 1 Wash. C. C., 330; Bennett v. Bennett, Dist. Crt., Oregon, 1867. See, in respect to the Revised Statutes and Statutes at Large of the United States, paragraphs 402, 415, 419, 422, and 428, ante. 1360. Citizenship of persons born 1392. Widow and children of de 1361. Rights of citizenship for- 1373. Aliens of African nativity Citizenship de fined. 1357. All persons born in the United States and not sub Apr. 9. 1866, c. ject to any foreign power, excluding Indians not taxed, are Sec. 1992, R. S. declared to be citizens of the United States.' 31. s. 1, v. 14, p. 27.1 children of citi Apr. 14, 1802, c. Feb. 10, 1855, c. 71, Citizenship of 1358. All children heretofore born or hereafter born out zens born abroad. of the limits and jurisdiction of the United States, whose 28, 8.4. 2, p. 155; fathers were or may be at the time of their birth citizens s. 1, v. 10. p. 604. thereof, are declared to be citizens of the United States; Sec, 1993, R. S. but the rights of citizenship shall not descend to children whose fathers never resided in the United States. Citizenship of 1359. Any woman who is now or may hereafter be marFeb. 10, 1855, cried to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen.* married women. 71. s. 2. v. 10. p. 604. Sec. 1994, R. S. 1 Planters' Bank r. St. John, 1 Woods, 585; McKay v. Campbell, 2 Saw.. 118. See, also, for a definition of the term 'citizen of the United States," the fourteenth amendment to the Constitution. Kelly v. Owen, 7 Wall, 496. 1360. All persons born in the district of country formerly Citizenship of persons born in known as the Territory of Oregon, and subject to the juris- Oregon. May 18, 1872, c. diction of the United States on the 18th May, 1872, are 172, s. 3, v. 17, p. citizens in the same manner as if born elsewhere in the United States. 1361. All persons who deserted the military or naval service of the United States and did not return thereto or report themselves to a provost-marshal within sixty days after the issuance of the proclamation by the President, dated the 11th day of March, 1865, are deemed to have voluntarily relinquished and forfeited their rights of citizenship, as well as their right to become citizens; and such deserters shall be forever incapable of holding any office of trust or profit under the United States, or of exercising any rights of citizens thereof.' 134. Sec. 1995, R. S. Rights of citi zenship forfeited for desertion.etc. Mar. 3, 1865, c. 79, s. 21, v 13, p. 490. Sec. 1996, R. S. sol diers and sailors the forfeitures of July 19, 1867, c. Sec. 1997, R. S. 1362. No soldier or sailor, however, who faithfully served, Certain according to his enlistment until the 19th day of April, exempted from 1865, and who, without proper authority or leave first the last section. obtained, quit his command or refused to serve after that 28. v. 15, p. 14. date, shall be held to be a deserter from the Army or Navy; but this section shall be construed solely as a removal of any disability such soldier or sailor may have incurred, under the preceding section, by the loss of citizenship and of the right to hold office, in consequence of his desertion. 1363. Every person who hereafter deserts the military or naval service of the United States, or who, being duly enrolled, departs the jurisdiction of the district in which he is enrolled, or goes beyond the limits of the United States, with intent to avoid any draft into the military or naval service, lawfully ordered, shall be liable to all the penalties and forfeitures of section nineteen hundred and ninety-six.' 1364. Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition of this principle this Government has freely received emigrants from all nations, and invested them with the rights of citizenship; and whereas it is claimed that such American citizens, with their descendants, are subjects of foreign states, owing allegiance to the governments thereof; and whereas it is necessary to the maintenance of public peace that this claim of foreign allegiance should be promptly and finally disavowed: Therefore any declaration, instruction, opinion, These penalties only take effect upon conviction by court martial. Kurtz v. Moffett, 115 U. S., 501. Avoiding the draft. Mar. 3, 1865, c. 79, s. 21. v. 13, p. 490. Sec. 1998, R. S. Right of expa triation. July 27, 1868, c. 249, s. 1, v. 15, p. Sec. 1999, R. S. |