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etc., prohibited

mission to In

the State of

2010. All officers and agents of the Army and Indian Army officers Bureaus are prohibited, except in a case specially directed from giving perby the President, from granting permission in writing or dians to go into otherwise to any Indian or Indians on any reservation to Texas. May 11, go into the State of Texas under any pretext whatever; 1880, v. 21, p. 132. and any officer or agent of the Army or Indian Bureau who shall violate this provision shall be dismissed from the public service. And the Secretary of the Interior is hereby directed and required to take at once such other reasonable measures as may be necessary in connection with said prohibition to prevent said Indians from entering said State. Sec. 4, act of May 11, 1880 (21 Stat. L., 132).

THE INDIAN POLICE.

Par.

2011. Purpose of employment.

Par.

2013. Crimes against Indian police.

2012. Preference in appointment to al- 2014. Assault upon United States offilottees.

cials.

The Indian police.

20, p. 86.

2011. Pay of Indian police: For the services of not exceeding four hundred and thirty privates at five dollars, May 27, 1878, v. per month each, and not exceeding fifty officers at eight dollars per month each, of Indian police, to be employed in maintaining order and prohibiting illegal traffic in liquor on the several Indian reservations, thirty thousand dollars: Provided, That Indians employed at agencies in any capacity shall not be construed as part of agency employees named in section five of the act making appropriations for the Indian service for the fiscal year eighteen hundred and seventy-six, approved March third, eighteen hundred and seventy-five.' Act of May 27, 1878 (20 Stat. L., 86).

The establishment of Indian police has been authorized by the several acts of appropriation since that of March 27, 1868 (20 Stat. L. 86). The detachments of this force authorized by the Secretary of the Interior to be maintained at the several Indian reservations are employed, under the direction of the respective Indian agents, in the preservation of order and in the execution of the laws relating to the management of Indians and the government of the Indian country.

The powers and duties of the Indian police authorized by the act of May 15, 1886, can not be exercised outside the reservation to which they may be assigned. XVIIÍ Opin. Att. Gen., 440.

A member of the Indian police is not an officer of the United States within the meaning of the first clause of section 5398 of the Revised Statutes, imposing a penalty for resisting any officer of the United States in serving a writ or process; but such police are included among the other persons who may be authorized to serve writs or process within the last clause of the section. U. S. v. Mullin, 71 Fed. Rep., 682; in re Garrett, ibid. The written order of an Indian agent, made in pursuance of the duty of the Government to protect the Indians in the use of their reserva

Preference to

allottees in em

lice.

5, v. 24, p. 390.

2012. Hereafter in the employment of Indian police, or ployment of po- any other employees in the public service among any of the Feb. 8, 1887, s. Indian tribes or bands affected by this act, and where Indians can perform the duties required, those Indians who have availed themselves of the provisions of this act and become citizens of the United States shall be preferred. Sec. 5, act of February 8, 1887 (24 Stat. L., 390). 2013. Immediately upon and after the passage of this be tried in dis- act any Indians committing against the person of any Mar. 2, 1887, v. Indian policeman appointed under the laws of the United

Crimes against Indian police to

trict courts.

24, p. 464.

Assault, etc., upon United

penalty.

25, p. 178.

States, or any Indian United States deputy marshal while lawfully engaged in the execution of any United States. process, or lawfully engaged in any other duty imposed upon such policeman or marshal by the laws of the United States, any of the following crimes, namely, murder, manslaughter, or assault with intent to kill, within the Indian Territory, shall be subject to the laws of the United States relating to such crimes, and shall be tried by the district court of the United States exercising criminal jurisdiction where said offense was committed, and shall be subject to the same penalties as are all other persons charged with the commission of said crimes, respectively; and the said courts are hereby given jurisdiction in all such cases. Act of March 2, 1887 (24 Stat. L., 464).

2014. Any Indian hereafter committing against the perStates officials: son of any Indian agent or policeman appointed under June 9, 1888, v. the laws of the United States, or against any Indian United States deputy marshal, posse comitatus, or guard, while lawfully engaged in the execution of any United States process, or lawfully engaged in any other duty imposed upon such agent, policeman, deputy marshal, posse comitatus, or guard by the laws of the United States, any of the following crimes, namely, murder, manslaughter, or assault with intent to murder, assault, or assault and battery, or who shall in any manner obstruct

tions, is a legal or judicial writ or process within the meaning of section 5398 of the Revised Statutes. In re Garrett, 71 ibid., 682.

ALASKA.

Alaska, though unorganized as a Territory, and constituting a military department, is no more under military government or jurisdiction than is any other Territory or any State of the United States. (a) Dig. Opin. J. A. G., 147, par. 2. For the penal code of Alaska see act of March 3, 1899 (30 Stat. L., 1253).

a"It is a mistake to suppose that the Territory of Alaska is under military rule any more than any other part of the country, except as to the introduction of spirituous liquors, and the making of arrests for violations of" the existing law regulating their introduction and disposition (see Indian Country, sec. 1, note), in cases of which arrests "the military really act as civil officers and in subordination to the civil law." In re Carr, 3 Sawyer, 318.

by threats or violence any person who is engaged in the service of the United States in the discharge of any of his duties as agent, policeman, or other officer aforesaid, within the Indian Territory, or who shall hereafter commit either of the crimes aforesaid, in said Indian Territory, against any person who, at the time of the commission of said crime, or at any time previous thereto, belonged to either of the classes of officials hereinbefore named, shall be sub ject to the laws of the United States relating to such crimes, and shall be tried by the district court of the Jurisdiction of United States exercising criminal jurisdiction where such offense was committed, and shall be subject to the same penalties as are all other persons charged with the commission of said crimes, respectively; and the said courts are hereby given jurisdiction in all such cases. Act of June 9, 1888 (25 Stat. L., 178).

district court.

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Power of Congress over militia.

Constitution,

Par.

2019. Proclamation to insurgents.
2020. Invasion.

2021. Militia, how apportioned.
2022. Militia subject to Articles of War.

2015. The Congress shall have power

*

*

*

To provide for calling forth the militia to execute the art. I, s. 8, p. 15. laws of the Union, to suppress insurrections, and repel invasions.1 Constitution of the United States, Article I, section 8, paragraph 15.

Power to sup

press insurrection.

c.

Sec. 5299, R.S.

2016. Whenever insurrection, domestic violence, unlawApr. 20, 1871, e. ful combinations, or conspiracies in any State so obstructs 22, s. 3, v. 17, p. 14. or hinders the execution of the laws thereof, and of the United States, as to deprive any portion or class of the people of such State of any of the rights, privileges, or immunities, or protection, named in the Constitution and secured by the laws for the protection of such rights, privileges, or immunities, and the constituted authorities of such State are unable to protect, or, from any cause, fail in or refuse protection of the people in such rights, such facts shall be deemed a denial by such State of the

1 For enactments of Congress in pursuance of the authority above conferred see the chapter entitled THE MILITIA. See also subsequent paragraphs of this chapter.

equal protection of the laws to which they are entitled under the Constitution of the United States; and in all such cases, or whenever any such insurrection, violence, unlawful combination or conspiracy, opposes or obstructs the laws of the United States, or the due execution thereof, or impedes or obstructs the due course of justice under the same, it shall be lawful for the President, and it shall be his duty, to take such measures, by the employment of the militia or the land and naval forces of the United States,

or of either, or by other means, as he may deem necessary, for the suppression of such insurrection, domestic violence, or combinations.1

against the Gov

United States.

25, s. 1, v. 12, p.

Sec. 5298, R.S.

2017. Whenever, by reason of unlawful obstructions, Insurrection combinations, or assemblages of persons, or rebellion ernment of the against the authority of the Government of the United July 29, 1861, c. States, it shall become impracticable, in the judgment of 281. the President, to enforce, by the ordinary course of judicial proceedings, the laws of the United States within any State or Territory, it shall be lawful for the President to call forth the militia of any or all the States, and to employ such parts of the land and naval forces of the United States as he may deem necessary to enforce the faithful execution of the laws of the United States, or to suppress such rebellion, in whatever State or Territory thereof the laws of the United States may be forcibly opposed, or the execution thereof forcibly obstructed."

The power to enforce its laws and to execute its functions in all places does not derogate from the power of the State to execute its laws at the same time and in the same places. The one does not exclude the other except where both can not be executed at the same time. In that case the words of the Constitution itself show which is to yield; "this Constitution and the laws of the United States which shall be made

in pursuance thereof; * * * shall be the supreme law of the land."

Although no State could establish and maintain a permanent military government, yet it may use its military power to put down an armed insurrection too strong to be controlled by the civil authority. The State must determine for itself what degree of force the crisis demands. Luther. Borden, 7 How., 1. See also XVI Opin. Att. Gen., 162. See also note to paragraph 2018, post.

The National Government has the right to use physical force in any part of the United States to compel obedience to its laws, and to carry into execution the powers conferred upon it by the Constitution. "We hold it to be an incontrovertible principle that the Government of the United States may, by means of physical force, exercised through its official agents, execute on every foot of American soil the powers and functions that belong to it." Ex parte Siebold, 100 U. S., 371, 395; Û. S. v. Neagle, 135 U. S., 1, 60; Logan . U. S., 144, U. S., 263, 294; in re Waite, 81 Fed. Rep., 359; U. S. v. Debs, 164, U. S. 724; U. S. r. Cassidy, 67 Fed. Rep., 698.

An officer who, in the performance of what he conceives to be his official duties, transcends his authority, and invades private rights, is answerable therefor to the Government under whose appointment he acts, and to individuals injured by his action; but where there is no criminal intent, he is not liable to answer the criminal process of another Government. In re Lewis, 83 Fed. Rep., 159; in re Fair et al. 100, ibid. 149.

An officer of the Army of the United States whilst serving in the enemy's country during the rebellion was not liable to an action in the courts of that country for inju

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