to Injuries property by Indiaus. June 30, 1834, c. 731; Feb. 28,1859, 401. shall be entitled to any payment out of the Treasury of the United States, for any such property, if he, or any of the nation to which he belongs, have sought private revenge, or have attempted to obtain satisfaction by any force or violence. 1494. If any Indian, belonging to any tribe in amity with the United States, shall, within the Indian country, take 161, s. 17, v. 4, p. or destroy the property of any person lawfully within such c. 66, s. 8, v. 11, p. country, or shall pass from Indian country into any State Sec. 2156, R.S. or Territory inhabited by citizens of the United States, and there take, steal, or destroy, any horse, or other property belonging to any citizen or inhabitant of the United States, such citizen or inhabitant, his representative, attorney, or agent, may make application to the proper superintendent, agent, or sub-agent, who, upon being furnished with the necessary documents and proofs, shall, under the direction of the President, make application to the nation or tribe to which such Indian shall belong, for satisfaction; and if such nation or tribe shall neglect or refuse to make satisfaction, in a reasonable time not exceeding twelve months, such superintendent, agent, or sub-agent shall make return of his doings to the Commissioner of Indian Affairs, that such further steps may be taken as shall be proper, in the opinion of the President, to obtain satisfaction for the injury. Superintend. ents, etc., author. ositions. 1495. The superintendents, agents, and sub-agents within ized to take dep- their respective districts are authorized and empowered to June 30, 1834, c. take depositions of witnesses touching any depredations, within the purview of the three preceding sections, and to administer oaths to the deponents. 161, s. 18, v. 4, p. 732. Sec. 2157, R.S. Indians committing certain jeet to laws. Sec. 9, Mar. 3, 1885, v. 23, p. 385 1496. That immediately upon and after the date of the crimes to be sub- passage of this act all Indians, committing against the person or property of another Indian or other person any of the following crimes, namely, murder, manslaughter, rape, assault with intent to kill, arson, burglary, and larceny within any Territory of the United States, and either within or without an Indian reservation, shall be subject therefor to the laws of such Territory relating to said crimes, and shall be tried therefor in the same courts and in the same manner 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 Courts given given jurisdiction in all such cases; and all such Indians jurisdiction in all such cases. committing any of the above crimes against the person or property of another Indian or other person within the boundaries of any State of the United States, and within the limits of any Indian reservation, shall be subject to the same laws, tried in the same courts and in the same manner, and subject to the same penalties as are all other persons committing any of the above crimes within the exclusive jurisdiction of the United States. Sec. 9, act of March 3, 1885 (23 Stat. L., 385). penalty. June 9, 1888, v. 25. p. 178. 1497. That any Indian hereafter committing against the Assault. etc., upon United person of any Indian agent or policeman appointed under States officials; 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 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 herein before named, 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 such Jurisdiction of 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. June 9, 1888 (25 Stat. L., 178). Act of 1498. That after the passage of this act any United States marshal is hereby authorized and required, when necessary to execute any process connected with any criminal proceeding issued out of the circuit or district court of the United States for the district of which he is marshal, or by any commissioner of either of said courts, to enter the Indian Territory, and to execute the same therein in the same manner that he is now required by law to execute like processes in his own district. Act of June 4, 1888 (25 Stat. L., 167). THE INDIAN POLICE. district court. Marshals to ex ecute process in. June 4, 1888, v. 25, p. 167. lice. 20, p. 86. 1499. Pay of Indian police: For the services of not. The Indian poexceeding 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 Crimes against Indian police to 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). 1500. That immediately upon and after the passage of be tried in dis- this act any Indians committing against the person of any Mar. 2, 1887, v. Indian policeman appointed under the laws of the United trict courts. 24, p. 464. 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., 461). The establishment of Indian police has been authorized by the several acts of appropriation since that of March 27, 1878 (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. ALASKA. Alaska, though unorganized as a Territory, and included in the military department of the Columbia, is no more under military government or jurisdiction than is any other Territory or any State of the United States. (a) (Dig. J. A. Gen., 147, par. 2.) 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.) CHAPTER XXXVIII. EMPLOYMENT OF MILITARY FORCE-IN RESIST- 1501. Power to suppress insurrec- 1536-1550. Civil rights. tion. 1502. Insurrection against the United States. 1503. Insurrection against a State. 1504. Proclamation to insurgents to disperse. 1505. Orders of the President call ing forth the militia in 1506. Militia, how apportioned course. 1551, 1552. The elective franchise. 1558-1561. The Pacific railways. 1563-1573. Neutrality. INSURRECTION AGAINST THE UNITED STATES. press insurrec tion. Apr. 20, 1871, c. 22, s. 3, v. 17, p. 14. Sec. 5299, R.S. 1501. Whenever insurrection, domestic violence, unlawful Power to sup combinations, or conspiracies in any State so obstructs 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 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 Insurrection against the Gov United States. 25, s. 1, v. 12, p. 281. 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.' 1502. Whenever, by reason of unlawful obstructions, comernment of the binations, or assemblages of persons, or rebellion against July 29, 1861, c. the authority of the Government of the United States, it shall become impracticable, in the judgment of 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.2 Sec. 5298, R.S. Insurrection against a State. 36, s. 1, v. 1, p. 424; v. 2, p. 443. INSURRECTION AGAINST A STATE. 1503. In case of an insurrection in any State against the Feb. 28, 1795, c. government thereof, it shall be lawful for the President, Mar. 3, 1807, c. 39, on application of the legislature of such State, or of the Sec. 5297, R. S. executive, when the legislature can not be convened, to call forth such number of the militia of any other State or States, which may be applied for, as he deems sufficient to suppress such insurrection; or, on like application, to employ, for the same purposes, such part of the land or naval forces of the United States as he deems necessary.3 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 v. Borden, 7 How., 1; see also 16 Opin. Att. Gen., 162.) See also note to paragraph 1556, post. 2 The National Government has the right to use physical force in any part of the As a necessary incident of the power to declare and prosecute war, the Federal 3 Under article 4, section 4, of the Constitution, the Army may be employed to pro- |