APPENDIX B.

[Army Regulations, Article LII.]

EMPLOYMENT OF TROOPS IN THE ENFORCEMENT OF THE LAWS.

486. It is unlawful to employ any part of the Army of the United States, as a posse comitatus or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by act of Congress; and any person willfully violating this provision will be deemed guilty of a misdemeanor, and, on conviction thereof, will be punishable by a fine not exceeding $10,000 or imprisonment not exceeding two years, or by both such fine and punishment.

487. The provisions of the Constitution and of acts of Congress understood as intended to be excepted from the operation of the preceding paragraph, authorizing the employment of the military forces for the purpose of executing the laws, are as follows:

ARTICLE IV OF THE CONSTITUTION.

"SEC. 4. The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive, (when the legislature can not be convened,) against domestic violence."

REVISED STATUTES OF THE UNITED STATES.

CIVIL RIGHTS.

"SEC. 1984. The commissioners authorized to be appointed by the preceding section [sec. 1983] are empowered, within their respective counties, to appoint, in writing, under their hands, one or more suitable persons, from time to time, who shall execute all such warrants or other process as the commissioners may issue in the lawful performance of their duties, and the persons so appointed shall have authority to summon and call to their aid

the bystanders or posse comitatus of the proper county, or such portion of the land and naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged; and such warrants shall run and be executed anywhere in the State or Territory within which they are issued.”1

"SEC. 1989. It shall be lawful for the President of the United States, or such person as he may empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia, as may be necessary to aid in the execution of judicial process issued under any of the preceding provisions, or as shall be necessary to prevent the violation and enforce the due execution of the provisions of this title."

"SEC. 1991. Every person in the military or civil service in the Territory of New Mexico shall aid in the enforcement of the preceding section (abolishing peonage)."

INDIANS.

"SEC. 2118. Every person who makes a settlement on any lands belonging, secured, or granted by treaty with the United States

Under section 1983 of the Revised Statutes the circuit courts of the United States and the district courts of the Territories, "from time to time, shall increase the number of commissioners, so as to afford a speedy and convenient means for the arrest and examination of persons charged with the crimes referred to in the preceding section [i. e., those specified in chapter 7 of the title "Crimes"]; and such commissioners are authorized and required to exercise all the powers and duties conferred on them herein with regard to such offenses in like manner as they are authorized by law to exercise with regard to other offenses against the laws of the United States."

By the act of February 8, 1894 (28 Stats., 36), sections 5506,5511-5515, and 5520-5523, of chapter 7 of the title "Crimes," relating to crimes against the "elective franchise,' were repealed, leaving in force

1. Sections 5507-5509, prohibiting the intimidation of voters by bribery or threats, and conspiracies to injure or intimidate citizens in the exercise of civil rights, and other crimes committed while violating these provisions.

2. Section 5510, prohibiting the depriving, under color of State laws, etc., inhabitants of civil rights on account of such inhabitants being aliens or by reason of their color or

race.

3. Sections 5516 and 5517, in regard to obstructing the execution of process in "civil rights" cases, under sections 1984 and 1985, Revised Statutes; and marshal or deputy marshal refusing to receive warrant under the latter section or failing or neglecting to execute the same.

4. Sections 5518-5519, prohibiting conspiracies to prevent the accepting or holding office under the United States or depriving persons of the equal protection of the laws. 5. Sections 5524-5525, prohibiting kidnaping or enticing persons on board vessels with intent that such persons are to be held or sold into slavery and knowingly receiving such persons on vessels.

6. Sections 5526, 5527, and 5532, prohibiting the holding or returning of persons to peonage or obstructing the laws prohibiting peonage.

7. Sections 5528-5532, relative to officers of the Army or Navy intimidating voters, prescribing their qualification, interfering with officers of election, or having troops at election unless their presence be necessary to repel armed enemies or to keep the peace.

to any Indian tribe, or surveys or attempts to survey such lands, or to designate any of the boundaries by marking trees, or otherwise, is liable to a penalty of one thousand dollars. The President may, moreover, take such measures and employ such military force as he may judge necessary to remove any such person from the lands."

"SEC. 2147. The superintendent of Indian Affairs, and the Indian agents and subagents, shall have authority to remove from the Indian country all persons found therein contrary to law; and the President is authorized to direct the military force to be employed in such removal."

"SEC. 2150. The military forces of the United States may be employed in such manner and under such regulations as the President may direct

“First. In the apprehension of every person who may be in the Indian country in violation of law; and in conveying him immediately from the Indian country, by the nearest convenient and safe route, to the civil authority of the Territory or judicial district in which such person shall be found, to be proceeded against in due course of law;

'Second. In the examination and seizure of stores, packages, and boats, authorized by law;

"Third. In preventing the introduction of persons and property into the Indian country contrary to law; which persons and property shall be proceeded against according to law;

“Fourth. And also in destroying and breaking up any distillery for manufacturing ardent spirits set up or continued within the Indian country."

"SEC. 2151. No person apprehended by military force under the preceding section shall be detained longer than five days after arrest and before removal. All officers and soldiers who may have any such person in custody shall treat him with all the humanity which the circumstances will permit."

"SEC. 2152. The superintendents, agents, and sub-agents shall endeavor to procure the arrest and trial of all Indians accused of committing any crime, offense, or misdemeanor, and of all other persons who may have committed crimes or offenses within any State or Territory, and have fled into the Indian country, either by demanding the same of the chiefs of the proper tribe, or by

such other means as the President may authorize. The President may direct the military force of the United States to be employed in the apprehension of such Indians, and also in preventing or terminating hostilities between any of the Indian tribes.

THE PUBLIC LANDS.

“SEC. 2460. The President is authorized to employ so much of the land and naval forces of the United States as may be necessary effectually to prevent the felling, cutting down, or other destruction of the timber of the United States in Florida, and to prevent the transportation or carrying away any such timber as may be already felled or cut down; and to take such other and further measures as may be deemed advisable for the preservation of the timber of the United States in Florida."

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if any person or persons shall, after the passing of this act, take possession of, or make a settlement on any lands ceded or secured to the United States, by any treaty made with a foreign nation, or by a cession from any State to the United States, which lands shall not have been previously sold, ceded, or leased by the United States, or the claim to which lands, by such person or persons, shall not have been previously recognized and confirmed by the United States; or if any person or persons shall cause such lands to be thus occupied, taken possession of, or settled; or shall survey, or attempt to survey, or cause to be surveyed, any such lands; or designate any boundaries thereon, by marking trees, or otherwise, until thereto duly authorized by law, such offender or offenders shall forfeit all his or their right, title, and claim, if any he hath, or they have, of whatsoever nature or kind the same shall or may be, to the lands aforesaid, which he or they shall have taken possession of, or settled, or cause to be occupied, taken possession of, or settled, or which he or they shall have surveyed, or attempt to survey, or cause to be surveyed, or the boundaries thereof he or they shall have designated, or cause to be designated, by marking trees or otherwise. And it shall moreover be lawful for the President of the United States to direct the marshal, or officer acting as marshal, in the manner hereinafter directed, and also to take such other

measures, and to employ such military force as he may judge necessary and proper, to remove from lands ceded or secured to the United States by treaty or cession as aforesaid any person or persons who shall hereafter take possession of the same, or make, or attempt to make, a settlement thereon, until thereunto authorized by law. And every right, title, or claim forfeited under this act shall be taken and deemed to be vested in the United States, without any other or further proceedings: Provided, That nothing herein contained shall be construed to affect the right, title, or claim of any person to lands in the Territories of Orleans or Louisiana before the boards of commissioners established by the act entitled 'An act for ascertaining and adjusting the titles and claims to land within the Territory of Orleans and the District of Louisiana,' shall have made their reports and the decision of Congress been had thereon." (Section 1 of an act approved March 3, 1807, perpetuated by section 5596, Revised Statutes.)

THE PUBLIC HEALTH.

'SEC. 4792. The quarantines and other restraints established by the health laws of any State respecting any vessels arriving in, or bound to, any port or district thereof, shall be duly observed by the officers of the customs revenue of the United States, by the masters and crews of the several revenue cutters, and by the military officers commanding in any fort or station upon the seacoast; and all such officers of the United States shall faithfully aid in the execution of such quarantines and health laws, according to their respective powers and within their respective precincts, and as they shall be directed, from time to time, by the Secretary of the Treasury." ***

EXTRADITION.

SEC. 5275. Whenever any person is delivered by any foreign government to an agent of the United States for the purpose of being brought within the United States and tried for any crime of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safekeeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crimes or offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on