TITLE XXVI.-The Elective Franchise.

SEC. 2002. No military or naval officer, or other person engaged in the civil, military, or naval service of the United States, shall order, bring, keep, or have under his authority or control, any troops or armed men at the place where any general or special election is held in any State, unless it may be necessary to repel the armed enemies of the United States, or to keep the peace at the polls.

TITLE XXVIII.—Indians.

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, anthorized 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.

TITLE XXXII.-The Publie 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 be or they shall have desig nated, 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, intituled "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 3rd, 1807, perpetuated by sec. 5596, Revised Statutes.]

TITLE LVIII.-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 revenuecutters, and by the military officers commanding in any fort or station upon the sea-coast; 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.

TITLE LXVI.-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 safe-keeping 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 account of such crimes or offenses, and for a reasonable time thereafter, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protection of the accused.

TITLE LXVII.-Neutrality.

SEC. 5286. Every person who, within the territory or jurisdiction of the United States, begins, or sets on foot, or provides or prepares the means for, any military expedition or enterprise, to be carried

on from thence against the territory or dominions of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, shall be deemed guilty of a high misde meanor, and shall be fined not exceeding three thousand dollars, and imprisoned not more than three years.

SEC. 5287. In every case in which a vessel is fitted out and armed, or attempted to be fitted out and armed, or in which the force of any vessel of war, cruiser, or other armed vessel is increased or augmented, or in which any military expedition or enterprise is begun or set on foot, contrary to the provisions and prohibitions of this Title; and in every case of the capture of a vessel within the jurisdiction or protec tion of the United States as before defined; and in every case in which any process issuing out of any court of the United States is disobeyed or resisted by any person having the custody of any vessel of war, cruiser, or other armed vessel of any foreign prince or state, or of any colony, district, or people, or of any subjects or citizens of any foreign prince or state, or of any colony, district, or people, it shall be lawful for the President, or such other person as he shall have empowered for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, for the purpose of taking possession of and detaining any such vessel, with her prizes, if any, in order to the execution of the prohibitions and penalties of this Title, and to the restoring of such prizes in the cases in which restoration shall be adjudged; and also for the purpose of preventing the carrying on of any such expedition or enterprise from the territories or jurisdiction of the United States against the territories or dominions of any foreign prince or state, or of any colony, district, or people with whom the United States are at peace.

SEC. 5288. It shall be lawful for the President, or such person as he shall empower for that purpose, to employ such part of the land or naval forces of the United States, or of the militia thereof, as shall be necessary to compel any foreign vessel to depart the United States in all cases in which, by the laws of nations or the treaties of the United States, she ought not remain within the United States.

TITLE LXIX.-Insurrection.

SEC. 5297. In case of an insurrection in any State, against the government thereof, it shall be lawful for the President, on application of the legislature of such State, or of the executive, when the legislature cannot 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.

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 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.

SEC. 5300. Whenever, in the judgment of the President, it becomes necessary to use the military forces under this Title, the President shall forthwith, by proclamation, command the insurgents to disperse and retire peaceably to their respective abodes, within a limited time.

SEC. 5316. It shall be unlawful to take any vessel or cargo detained under the preceding section (Sec. 5315) from the custody of the proper officers of the customs, unless by process of some court of the United States; and in case of any attempt otherwise to take such vessel or cargo by any force, or combination, or assemblage of persons, too great to be overcome by the officers of the customs, the President, or such person as he shall have empowered for that purpose, may employ such part of the Army or Navy or militia of the United States, or such force of citizen volunteers as may be necessary, to prevent the removal of such vessel or cargo, and to protect the officers of the customs in retaining the custody thereof.

TITLE LXXII.-Guano Island.

SEC. 5577. The President is authorized, at his discretion, to employ the land and naval forces of the United States to protect the rights of the discoverer [of a guano island] or of his widow, heir, executor, administrator, or assigns.

853. Officers of the Army will not permit the use of the troops under their command to aid the civil authorities as a posse comitatus or in execution of the laws, except as anthorized in the foregoing enactments. If time will admit, the application for the use of troops for these purposes must be forwarded, with a statement of all the material facts, for the consideration and action of the President; but, in cases of sudden and unexpected invasion, insurrection, or riot, endangering the public property of the United States, or in cases of attempted or threatened robbery or interruption of the United States mails, or other equal emergency, officers of the Army may, if they think a necessity exists, take such action before the receipt of instructions from the seat of Government as the circumstances and the law under which they are acting may justify; and will then promptly report their action and the reasons therefor to the Adjutant General for the information of the President.

4.0.38

4.0.25782

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. O. 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 returned to the owners, is the proper measure of damages.-[Op. Sup. Ct., in G. O. 87, 1878.]

859. Supplies, stores, or 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. O. 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.j 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 immediate 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.

872. The reports which the Judge Advocate General may make upon cases requiring the action of the President will be addressed to the Secretary of War, and be forwarded through the General of the Army, for such remarks and recommendations as he may see fit to make.-[G. O. 39, 1877.]

9.0.85

873. The original proceedings of all General Courts-Martial, Courts of Inquiry, and Military Commissions, after the decision thereon of the reviewing authority, and o all proceedings that require the decision of the President under the Articles of War, and copies of all orders confirming, disapproving, or remitting the sentence of CourtsMartial or Military Commissions, will be forwarded direct to and filed in the Bureau of Military Justice.-[Regs. 1863, ¶ 897; G. O. 270, 1864; G. O. 72, 1873; G. O. 39, 1877.]

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.] 875. Judge Advocates will forward to the Judge Advocate General, at the end of each month, a list of all cases tried and to be tried within their jurisdictions.-[G. O. 270, 1864.]

86

115

ARTICLE LXIII

COURTS-MARTIAL.

$76. In appointing a General Court-Martial, as many members will be detailed, from five to thirteen inclusively, as can be assembled without manifest injury to the service.-[Regs. 1863, ¶ 880.]

877. The decision of the officer appointing the Court, as to the number that can be assembled without manifest injury to the service, is conclusive. [Regs. 1863, ¶ 881.]

878. In the detail the members will be named, and they will take place in the Court in the order of their rank. A decision of the proper authority in regard to the rank of the members cannot be reversed by the Court.-[Regs. 1863, ¶ 884.]

879. A President of the Court will not be appointed. The officer highest in rank present will be President.-[ Regs. 1863, ¶ 882.]

880. The place of holding a Court is appointed by the authority convening it. Military Courts will be assembled at posts or stations where the expense of trial or examination will be least.-[Regs. 1863, ¶ 885; G. O. 76, 1869.]

881. Form of order appointing a General Court-Martial—the last paragraph omitted when the Court can be kept up with thirteen members:

HEADQUARTERS, ——, &C. -, or as soon there" and such other prisoners as may be brought before it.

A General Court-Martial is appointed to meet at -, on the- day of after as practicable, for the trial of

A greater number of officers than those named cannot be assembled without manifest injury to the

service.

By order of

Assistant Adjutant General.

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 CourtMartial 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 Court-Martial 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. Õ. 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.]