SEC. 5298. Whenever, by reason of unlawful obstructions, combinations, or assemblages of persons, or rebellion against 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.

SEC. 5299. Whenever insurrection, domestic violence, unlawful 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 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.

[Act of April 22, 1898.]

That the organized and active land forces of the United States shall consist of the Army of the United States and of the militia of the several States when called into the service of the United States: Provided, That in time of war the Army shall consist of two branches which shall be designated, respectively, as the Regular Army and the Volunteer Army of the United States (30 Stats., 361).

[Act of January 21, 1903.]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the militia shall consist of every able-bodied male citizen of the respective States, Territories, and the District of Columbia, and every able-bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen and less than forty-five years of age, and shall be divided into two classes-the organized militia, to be known as the National Guard of the State, Territory, or District of Columbia, or by such other designations as may be given them by the laws of the respective States or Territories, and the remainder to be known as the reserve militia.

SEC. 4. That whenever the United States is invaded, or in danger of invasion from any foreign nation, or of rebellion against the authority of the Government of the United States, or the President is unable, with the other forces at his command, to execute the laws of the Union in any part thereof, it shall be lawful for the President to call forth, for a period not exceeding nine months, such number of the militia of the State or of the States or Territories or of the District of Columbia as he may deem necessary to repel such invasion, suppress such rebellion, or to enable him to execute such laws, and to issue his orders for that purpose to such officers of the militia as he may think proper. SEC. 5. That whenever the President calls forth the militia of any State or Territory or of the District of Columbia to be employed in the service of the United States, he may specify in his call the period for which such service is required, not exceeding nine months, and the militia so called shall continue to serve during the term so specified, unless sooner discharged by order of the President.

SEC. 6. That when the militia of more than one State is called into the actual service of the United States by the President he may, in his discretion, apportion them among such States or Territories or to the District of Columbia according to representative population.

SEC. 7. That every officer and enlisted man of the militia who shall be called forth in the manner herein before prescribed and shall be found fit for military service shall be mustered or accepted into the United States service by a duly authorized mustering officer of the United States: Provided, however, That any officer or enlisted man of the militia who shall refuse or neglect to present himself to such mustering officer upon being called forth as herein prescribed shall be subject to trial by courtmartial, and shall be punished as such court-martial may direct.

SEC. 8. That courts-martial for the trial of officers or men of the militia, when in the service of the United States, shall be composed of militia officers only.

SEC. 9. That the militia, when called into the actual service of the United States, shall be subject to the same Rules and Articles of War as the regular troops of the United States.

SEC. 10. That the militia, when called into the actual service of the United States, shall, during their time of service, be entitled to the same pay and allowances as are or may be provided by law for the Regular Army.

70

THE MILITIA-CALLING INTO SERVICE.

SEC. 11. That when the militia is called into the actual service of the United States, or any portion of the militia is accepted under the provisions of this act, their pay shall commence from the day of their appearing at the place of company rendezvous. But this provision shall not be construed to authorize any species of expenditure previous to arriving at such places of rendezvous which is not provided by existing laws to be paid after their arrival at such places of rendezvous.

SEC. 22. That when any officer, noncommissioned officer, or private of the militia is disabled by reason of wounds or disabilities received or incurred in the service of the United States he shall be entitled to all the benefits of the pension laws existing at the time of his service, and in case such officer, noncommissioned officer, or private dies in the service of the United States, or in returning to his place of residence after being mustered out of such service, or at any time, in consequence of wounds or disabilities received in such service, his widow and children, if any, shall be entitled to all the benefits of such pension laws.

456. The President's authority over the militia is derived from this legislation. He can call them out only in those cases in which Congress shall have specifically provided for his so doing. When the call is complied with, the militia becomes national in character and the President their commander-in-chief.

The President is the exclusive judge of the existence of an exigency justifying the calling out of the militia, and the executive measures necessary for giving effect to the call are ministerial acts, which the Secretary of War may perform as the representative of the President.

457. Whenever the militia is called into the service of the United States the organized militia will be first designated, and in apportioning quotas according to representative population they will, to the extent practicable, be so adjusted as not to leave any State or Territory unprovided with a reserve force sufficient to meet any emergency then existing or imminent within such State or Territory. Requisition will be made by the War Department upon governors of States and Territories, and the arm of the service and the number of organizations thereof required will be stated in the requisitions.

458. Militia called into the service of the United States will be mustered in by officers of the Army detailed by the War Department for this purpose. No organization will be accepted into the service of the United States which, in number of officers and enlisted men, is below the minimum prescribed by the President or above the maximum strength fixed by law for such organizations. The extent of the physical examination upon muster-in will be in accordance with the length and character of service for which the organizations are called and will be prescribed in orders from the War Department: Provided, That in such States as shall have adopted a standard of physical examination for enlistment and reenlistment of the organized militia approved by the Secretary of War, such militia shall be deemed under the law "fit for military service," and shall be duly mustered into the service of the United States as such. Under these conditions, as soon as practicable after such muster-in, without interfering with the supreme duty of the militia-the defense of the country—and in such a manner as not to prevent their employment against an enemy, a physical examination will be made by a medical officer of the Army detailed for the purpose, who shall note all cases of defect and cause the same to be entered on the muster-roll against the name of each individual, stating in each case whether the defect so noted existed prior to the muster-in of the soldier.

459. It shall be the duty of every officer designated to muster into the service any of the militia of the several States to see that the muster-rolls contain all information that might in any way affect pay or which it might be necessary to consider in the determination of claims for pensions. Blank forms and detailed instructions will be forwarded to mustering officers by the War Department.

Upon the completion of the muster-in of any organization, the mustering officer shall forward the rolls promptly to their proper destinations as given in his detailed instructions.

THE MILITIA- -HOSPITAL FOR THE INSANE.

71

From the day that any portion of the militia called into the actual service of the United States appear at their places of company rendezvous, the War Department through its duly accredited agents will provide and deliver subsistence and such necessary supplementary supplies of clothing, equipment, armament, and ammunition as existing laws authorize to be furnished militia after arrival at such places of rendezvous.

To expedite the mobilization of the militia called into the service of the United States, the War Department after consultation with the governors will designate convenient State rendezvous for assembling companies, batteries, etc., the General Government meeting all authorized expenses incident to this preliminary concentration from the day the militia appear at their places of company rendezvous.

460. In all cases payments to militia mustered into the service of the United States will be made in the same manner as to organizations of the Regular Army. 461. At the termination of the period for which the President called the militia forces into service they shall be mustered out by an officer of the Army detailed for the purpose, at such rendezvous favorable to all interests concerned as may be directed by the War Department. The mustering officer will be provided by the War Department with blanks and detailed instructions.

462. To facilitate the settlement of claims that may be made for pensions on account of disability incurred in the military service, that is, to establish the rights of persons under the pension laws, as well as to protect the interests of the United States, a thorough physical examination of all officers and enlisted men of the militia will be made immediately prior to their discharge or their muster out.

463. Specific regulations for the muster into and the muster-out of the service of the United States will be published by the War Department when the necessity arises.

ARTICLE XLVI.

THE GOVERNMENT HOSPITAL FOR THE INSANE.

464. The following classes of persons are, by law, entitled to admission to the asylum: (1) Officers and enlisted men of the regular or volunteer forces who have become insane while in the military service, or within three years after their discharge therefrom, for causes which arose during and were caused by such service; (2) inmates of the Soldiers' Home and of the National Home for Disabled Volunteer Soldiers; (3) civilian employees of the Quartermaster's, Subsistence, and Pay departments who may become insane during such employment; (4) military convicts.

465. The insane of the military service will be sent by department commanders, under proper escort, to Washington, D. C., where they will be reported to The Military Secretary of the Army, that the orders of the Secretary of War for admission to the Government Hospital for the Insane may be obtained.

466. An application for admission to the hospital will be forwarded in time to reach The Military Secretary of the Army, at least one day before the arrival of the patient. It will contain a full description of the patient, and will be accompanied by a certificate of the post surgeon containing the diagnosis and a detailed account of the medical history of the case. If the patient be a soldier, his descriptive list and certificates of disability will accompany the application. He will not be discharged from the service except by order of the Secretary of War after his arrival at the hospital.

467. An insane soldier will be escorted by a noncommissioned officer. When a number are sent at one time or when the patient or patients are violent, the department commander may order such addition to the escort as may be necessary. The noncommissioned officer will report to The Military Secretary of the Army, by telegraph, at least twenty-four hours in advance, the probable time and place of arrival

72

INDIANS-INDIAN COUNTRY.

in Washington. After leaving the patient at the asylum the noncommissioned officer will report to The Military Secretary for further instructions.

468. On the departure of the patient from his station the commanding officer will give such orders to the person in charge as will provide for transportation of the necessary attendants to the institution and returning to their posts, also subsistence during their absence. When payment of commutation, in lieu of subsistence in kind, is permissible under paragraph 1249, the commanding officer may, in writing, order commutation for the patient to be paid in advance to, and receipted for by, the noncommissioned officer to whose charge the patient is committed.

469. To obtain the release of a patient when cured or his delivery to the care of friends, application must be made to The Military Secretary of the Army, accompanied by the recommendation of the superintendent of the hospital.

ARTICLE XLVII.

INDIANS.

INDIAN COUNTRY, ETC.

470. If any commanding officer of a military post has reason to suspect or is informed that any white person or Indian is about to introduce or has introduced any spirituous liquor or wine into the Indian country in violation of law, he may cause the boats, stores, packages, wagons, sleds, and places of deposit of such person to be searched; and if such liquor is found therein, the same, together with the boats, teams, wagons, and sleds used in conveying the same, and also the goods, packages, and peltries of such person, shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court. It shall, moreover, be the duty of any person in the service of the United States, or of any Indian, to take and destroy any ardent spirits or wine found in the Indian country, except such as may be introduced therein by the War Department. In all cases arising under sections * 2139 and 2140, Revised Statutes, Indians shall be competent witnesses. It shall be a sufficient defense to any charge of introducing or attempting to introduce ardent spirits, ale, beer, wine, or intoxicating liquors into the Indian country that the acts charged were done under authority, in writing from the War Department or any officer duly authorized thereunto by the War Department.

471. The Indian country within the meaning of the foregoing paragraph may be defined, in general, as the Indian Territory, Indian reservations, or districts occupied by Indian tribes and to which the Indian title has not been extinguished; or sec tions of country over which the operation of the Indian trade and intercourse laws has been retained by Indian treaty stipulations. Should any case arise which, in the opinion of the department commander, does not appear to be embraced within these definitions, he will report it to the Secretary of War, in order that the question whether the location is Indian country may be authoritatively determined.

472. When lands are secured to the Indians by treaty against occupation by the whites the military commanders will keep intruders off the same by military force if necessary, until such time as the Indian title is extinguished or the lands are opened by Congress for settlement.

473. 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 agent in charge of said Indians in the investigation and determination of ownership.

474. The introduction into the Indian country for the purpose of sale to, or exchange with Indians of any breech-loading firearms and of any special ammunition adapted to them, and the sale and exchange to Indians in the Indian country of any such arms or ammunition is prohibited. The introduction into the country or dis

INDIANS PURCHASES-INDIAN SCOUTS.

73

trict 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 all such arms or ammunition introduced by traders or other persons, and which are liable in any manner to be received by such hostile Indians, shall be deemed contraband of war, to be seized by any officer and confiscated.

475. Supplies, stores, and property of any kind procured out of Army appropriations will 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 will be charged with the money value of the supplies, stores, or property transferred, and in addition be otherwise held accountable according to circumstances.

476. Indians held as prisoners of war are entitled to receive necessary subsistence, clothing, medicines, and medical attendance. There is no authority of law permitting such supplies and attendance to be furnished to Indians under the care and management of the Interior Department. All Indian prisoners will be reported on the post returns under the following form:

Number of children above 12 years of age.

Number of children 12 years of age and under.

Name of tribe.

Remarks.

PURCHASES FROM INDIANS.

477. Purchases of cattle, hay, grain, fuel, or other produce or merchandise which Indians may have for sale and which may be required for the military service may, with the approval of the Secretary of War, be made from Indians in open market, at fair and reasonable prices, but not exceeding the market prices in the localities where such purchases are made.

INDIAN SCOUTS.

478. Indians employed as scouts under the provisions of sections 1094 and 1112, Revised Statutes, will be enlisted for periods of three years and discharged when the necessity for their services shall cease. While in service they will receive the pay and allowances of cavalry soldiers and an additional allowance of 40 cents per day, provided they furnish their own horses and horse equipments; but such additional allowance will cease if they do not keep their horses and equipments in serviceable condition.

479. Department commanders are authorized to appoint the sergeants and corporals for the whole number of enlisted Indian scouts serving in their departments, but such appointments must not exceed the proportion of one first sergeant, five sergeants, and four corporals for sixty enlisted Indian scouts.

480. The number of Indian scouts allowed to military departments will be announced from time to time in orders from the War Department.

481. The enlistment and reenlistment of Indian scouts will be made under the direction of department commanders. The appointment or mustering of farriers or blacksmiths on the rolls of Indian scouts is illegal.