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). 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; penalty. the laws of the United States, or against any Indian June 9, 1888, v. 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. Act of June 9, 1888 (25 Stat. L., 178). 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. 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 20, p. 86. 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.1 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., 464). 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- Par. 1501. Power to suppress insurrec tion. Par. 1536-1550. Civil rights. 1551, 1552. The elective franchise. 1502. Insurrection against the 1553. The public health. United States. 1503. Insurrection against a State. 1506. Militia, how apportioned course. 1554, 1555. The public lands; re- 1558-1561. The Pacific railways. 1563-1573. Neutrality. INSURRECTION AGAINST THE UNITED STATES. press insurrec tion. Apr. 20, 1871, c. 22, 8.3,v. 17, p. 14. Sec. 5299, R.S. 1501. Whenever insurrection, domestic violence, unlawful Power to supcombinations, 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. Sec. 5298, R.S. 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 1502. Whenever, by reason of unlawful obstructions, com. ernment 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 Insurrection against a State. 36, s. 1, v. 1, p. 424; 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 v. 2, p. 443. 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 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; U. S. r. Neagle, 135 U. S., 1, 60; Logan v. U. S., 144 U. S., 263, 294.) As a necessary incident of the power to declare and prosecute war, the Federal Government has a right to transport troops through and over the territory of any State of the Union. (Crandall v. Nevada, 6 Wall., 35. See also 16 Opin. Att. Gen., 162; 17 ibid., 242, 333; 19 ibid., 293, and note to par. 1556, post.) 3 Under article 4, section 4, of the Constitution, the Army may be employed to protect a State from "invasion" or "domestic violence" only by order of the President, made on application of the legislature, or of the executive when the legislature can not be convened." A military commander, of whatever rank or command, can have no authority, except by the order thus made of the President, to furnish troops to a to insurgents to 1504. Whenever, in the judgment of the President, it becomes necessary to use the military forces under this disperse. July 29, 161, e. Title, the President shall forthwith, by proclamation, com- 23, × 2, v. 12 p. mand the insurgents to disperse and retire peaceably to Sec. 5300, R. S. their respective abodes, within a limited time. INVASION. 282. Orders of Pres. ident calling case of invasion, te Feb. 28, 1795, e. 1505. Whenever the United States are invaded, or are in imminent danger of invasion from any foreign nation or forth militia in Indian tribe, or of rebellion against the authority of the Government of the United States, it shall be lawful for 38, s 1. v. 1, p. 424 Martine Mott, the President to call forth such number of the militia of the 12 Wh., 19 Mc Call's Case, 5 State or States, most convenient to the place of danger, Pula, 25. or scene of action, as he may deem necessary to repel such invasion, or to suppress such rebellion, and to issue his orders for that purpose to such officers of the militia as he may think proper.' 1506. When the militia of more than one State is called into the actual service of the United States by the President, he shall apportion them among such States according to representative population. governor or other functionary of a State to aid him in making arrests or establish am and order. (Dig Opn J A Gen 161. par. 17 or car le so of the ( unt.tut.ofi when the legislature can not be convened The sad to mean when it is not in session, or can not, by the State law, he as When it is,li session, or ti tise to provide for the every is and at once be exed together, it will not be lawfel for the President dad por 24 ar, yet the application therely of the governor try force en posed accord tig to article 4 meet ons 4 of the Coast to tion in to "an under the direct on and orders of the President an (cthat der in Chat and... stary as bordarates it can not be placed under the direct orders of eXesú *14,.tan of the governor of the state of the Lited States win it 2, the movere gily the m for Sec. 1642, R. S. Militia, how apportioned July 17, 1962 e. 201, s. 1, v 12 p. Sec. 1648, R. S. |