ARTICLE LX. INDIANS. 854. "The Indian country," within the meaning of the trade and intercourse acts, may be defined in general as: 1. Indian reservations occupied by Indian tribes. 2. Other districts so occupied to which the Indian title has not been extinguished. Furthermore, the operation of said acts may be retained by treaty or extended by act of Congress over districts not in other respects Indian country. If any special case shall occur which, in the view of the Department Commander, may not appear to be embraced within the definitions above stated, he will report the case, with all its facts and circumstances, to the Secretary of War, in order that the question whether the locality is "Indian country" may be referred to the Secretary of the Interior.-[G. O. 97, 1877.] 855. Where lands are secured to the Indians, by treaty, against occupation by the whites, the Military Commanders shall keep intruders off, by military force, if necessary, until such time as Indian title is extinguished, or the lands are opened by Congress for settlement.-[G. O. 72, 1870.] 856. There is no jurisdiction conferred upon State or Territorial courts to try an Indian charged with the murder of another Indian. Section 2146 of the Revised Statutes of the United States, as amended by the act of February 18, 1875, entitled "An act to correct errors and supply omissions in the Revised Statutes of the United States," provides that section 2145 shall not be construed to extend to crimes committed by one Indian against the person or property of another Indian, nor to any Indian committing an offense in the Indian country who has been punished by the local law of the tribe.-[G. O. 43, 1875.] 857. When questions arise as to the ownership of animals in possession of Indians, the commanding officer of the nearest military post is authorized and directed to act in conjunction with the Indian agent in charge of the said Indians in the investigation and determination of the ownership.-[G. 0.79, 1869.] 858. Whatever may be the rule in time of war and in the presence of actual hostilities, military officers can no more than civilians protect themselves for wrongs committed in time of peace under orders emanating from a source which is itself without authority in the premises. Hence a military officer, seizing liquors supposed to be in Indian country, when they are not, is liable to action as a trespasser. The difference between the value of the goods so seized, at the place where they were taken and the place where they were re turned to the owners, is the proper measure of damages.-[Op. Sup. Ct., in G. O. 87, 1878.] 859. Supplies, stores, a property of any kind, procured out of Army appropriations, shall not be transferred, in any way or under any circumstances, for the use of Indians, except under authority first obtained from the Secretary of War. Any officer violating the terms of this regulation shall be charged with the money value of the supplies, stores, or property transferred, and in addition be otherwise held accountable, according to circumstances.-[G. O. 76, 1873.] 860. No issues of arms, ammunition, or other Ordnance stores, will be made to Indians not in the employ of the War Department as scouts.-[G. O. 9, 1874.] 861. To carry into effect the joint resoultion adopted by Congress August 5, 1876, the sale of fixed ammunition or metallic cartridges, by any trader or other person, in any district of the Indian country occupied by hostile Indians, or over which they roam, is prohibited; and all such ammunition or cartridges introduced into said country, by traders or other persons, and that are liable in any way or manner, directly or indirectly, to be received by such hostile Indians, shall be deemed contraband of war, seized by any military officer, and confiscated; and the district of country to which this prohibition shall apply, during the continuance of hostilities, is designated as that which embraces all Indian country, or country occupied by Indians or subject to their visits, lying within the Territories of Montana, Dakota, and Wyoming, and the States of Nebraska and Colorado.-[Ex. Order, Nov. 23, 1876, in G. 0. 76, 1877.] 862. By virtue of authority conferred upon the President of the United States in section 2132, Revised Statutes, the introduction into the Indian country, for the purpose of sale or exchange to or with Indians, of any breech-loading fire-arms, and of any special ammunition adapted to such arms, and the sale and exchange to Indians in the Indian country of any such arms or ammunition, is prohibited; and it is directed that all authority under any license to trade in such arms or ammunition is hereby revoked. Second. The introduction into the country or district occupied by any tribe of hostile Indians, for the purpose of sale or exchange to them of arms or ammunition of any description, and the sale or exchange thereof to or with such Indians, is prohibited; and it is hereby directed that all license to trade in arms or ammunition of any description with such tribe be revoked. All military commanders are charged with the duty of assisting in the execution of the above order, and of Executive Order of November 23, 1876, the provisions of which are extended to include all Indian country within the Territories of Idaho, Utah, and Washington, and the States of Nevada and Oregon.-[Ex. Order, Aug. 7, in G. O. 76, 1877.] 863. No issue of rations or supplies will be made from the Army stores to Indians, except as allowed and restricted in paragraphs 859, 860, Regulations.-[G. O. 129, 1874.] ARTICLE LXI. ARRESTS AND CONFINEMENTS. 864. None but commanding officers have power to place officers under arrest, except for offenses expressly designated in the 24th Article of War.-[Regs. 1863, ¶ 221.] 865. Officers are not to be put in arrest for light offenses. For these the censure of the commanding officer will, in most cases, answer the purposes of discipline.-[Regs. 1863, ¶ 222.] 866. An officer in arrest may, at the discretion of his commanding officer, have larger limits assigned him than his tent or quarters, on written application to that effect. Close confinement is not to be resorted to unless under circumstances of an aggravated character. [Regs. 1863, ¶ 223.] 867. In ordinary cases, and where inconvenience to the service would result from it, a medical officer will not be put in arrest until the Court-Martial for his trial convenes.-[Regs. 1863, ¶ 224.] 868. The arrest of an officer or the confinement of a soldier will be reported to his commander as soon as practicable.-[Regs. 1863, ¶ 225.] 869. All prisoners under guard, without written charges, will be released by the officer of the day at guard-mounting, unless orders to the contrary be given by the commanding officer.-[Regs. 1863, ¶ 226.] 870. On a march, Field officers and non-commissioned Staff officers in arrest will follow in rear of their respective regiments. Company officers and non-commissioned officers in arrest will follow in the rear of their respective companies, unless otherwise specially ordered.-[Regs. 1863, ¶¶ 227, 228.] 871. An officer under arrest will not wear a sword, or visit officially his commanding or other superior officer, unless sent for. In case of official business, he will make known his object in writing. [Regs. 1863, ¶ 229.] ARTICLE LXII. BUREAU OF MILITARY JUSTICE. * * * 874. Communications relating to questions of military justice, or proceedings of Military Courts, upon which the opinion of the Judge Advocate General is desired, will be forwarded through proper channels to the Adjutant General, when such questions cannot be decided by an intermediate authority. Questions of an abstract, general character will not be considered.—[G. O. 270, 1864; War. Dept., Aug. 29, 1879.] * * * 882. Under the provisions of the 74th Article of War, officers who may appoint a Court-Martial shall be competent to appoint a Judge Advocate for the same. Accordingly, a Judge Advocate must be appointed for a Regimental or a Garrison Court-Martial in like manner as for a General Court.-[G. O. 15, 1880.] 883. The President of a Court-Martial, beside his duties and privileges as member, is the organ of the Court to keep order and conduct its business. He speaks and acts for the Court in each case where the rule has been prescribed by law, regulation, or its own resolution. In all their deliberations the law secures the equality of the members.-[Regs. 1863, ¶ 888.] 884. The 86th Article of War does not confer on a CourtMartial the power to punish its own members. For disorderly conduct, a member is liable as in other offenses against military discipline; improper words are to be taken down, and any disorderly conduct of a member reported to the authority convening the court.-[Regs. 1863, ¶ 889.] 885. Application for delay or postponement of trial must, when practicable, be made to the authority convening the Court. When made to the Court, it must be before plea, and will then, if in the opinion of the Court well founded, be referred to the authority convening the Court, to decide whether the Court should be adjourned or dissolved, and the charges reserved for another Court. -[Regs. 1863, ¶ 886.] 886. Upon application by the accused for postponement on the ground of the absence of a witness, it ought distinctly to appear on his oath-1st, that the witness is material, and how; 2d, that the accused has used due diligence to procure his attendance; and, 3d, that he has reasonable ground to believe, and does believe, that he will be able to procure such attendance within a reasonable time stated.-[Regs. 1863, ¶ 887.] 887. Prisoners will be tried on joint charges only for offenses necessarily involving concert of action. In all other cases the charges must be separate.-[G. O. 78, 1872.] 888. Whenever the same Court-Martial tries more prisoners than one, and they are arraigned on separate and distinct charges, the Court is to be sworn at the commencement of each trial, and the proceedings in each case will be made up separately.—[ Regs. 1863, ¶ 892.] 889. The Judge Advocate shall summon the necessary witnesses for the trial; but he shall not summon any witness at the expense of the United States, nor any officer of the Army, without the order of the Court, unless satisfied that his testimony is material and necessary to the ends of justice.-[R. S., § 1202; Regs. 1863, ¶ 890.] 890. Officers or enlisted men who receive a summons to attend as witnesses before any Military Court, Board, or any civil court or other tribunal competent to issue subpoenas to witnesses, outside the limits of the Department where they may be serving, will, before starting to obey the summons, forward it through the proper channels to the Commanding General of the Department, that the necessary orders may be issued. Orders from competent military authority will be required for the movements of all officers and enlisted men in such cases.-[G. O. 97, 1866; G. O. 59, 1872.] 891. In cases of extreme urgency, and when the public interest would be liable to suffer by delay, post commanders may authorize immediate departure in obedience to the summons. In such cases, special reports will be made of the facts and reasons to the Department Commander for his approval of the action taken. A post commander who may be summoned will be governed by the preceding paragraph.-[G. O. 97, 1866.] 892. Judge Advocates of Courts-Martial are strictly enjoined to send subpoenas, whenever it is possible, through the regular military channels.-[G. O. 97, 1866.] 893. Judge Advocates of Military Courts, in issuing process under section 1202, Revised Statutes, to compel the attendance as witnesses of persons not in the military service, will formally direct the same to some officer designated by the Department Commander as available for the service. The nearest military commander will thereupon furnish the necessary military force for the execution of the process whenever such force shall be actually required. The preliminary summons or subpœna may be served upon a witness by any person whatsoever.-G. O. 93, 1868.] 894. Cases of habitual drunkenness and utter worthlessness, which have not already been made the occasion of a trial by Court-Martial, may be tried under the charge of "conduct to the prejudice of good order and military discipline," with separate specifications for each one of the acts of drunkenness.-[G. O. 11, 1873.] 895. Civil employés of the War Department serving with, or other persons properly attached to an army in the field in time of war, may be understood as agreeing that they will submit themselves for the time being to military control. Accordingly, under the 63d Article of War, such persons are within military jurisdiction, as provided for in said article, when their treachery, defection, or insubordination might endanger or embarrass the army to which they belong in its operations against what is known in mil |