Notes of Decisions. Military power subordinate.-Under this act the President may employ the militia and the land and naval forces for the purpose of causing the laws to be duly executed; but when a military force is called into the field for that purpose, its operations must be purely defensive, and the military power on such an occasion must be kept in strict subordination to the civil authority. (1860) 9 Op. Atty. Gen. 517. 2815. Enforcement of law in Alaska.-An Act entitled "An Act to define and punish crimes in the District of Alaska, and to provide a code of criminal procedure for the District," approved March third, eighteen hundred and ninetynine, be, and is, amended, by adding to section three hundred and sixty-three thereof the following: " Provided, section fifteen of an Act entitled 'An Act making appropriations for the support of the Army for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes,' approved June eighteenth, eighteen hundred and seventy-eight, shall not be construed to apply to the District of Alaska": * * * Sec. 29, act of June 6, 1900 (31 Stat. 330), amending sec. 363, act of March 3, 1899 (30 Stat. 1325). For sec. 15, mentioned in this section, see 2812, ante. 2816. Enforcement of law in the Hawaiian Islands.-That the governor sha!! be responsible for the faithful execution of the laws of the United States and of the Territory of Hawaii within the said Territory, and whenever it becomes necessary he may call upon the commanders of the military and naval forces of the United States in the Territory of Hawaii, or summon the posse comitatus, or call out the militia of the Territory to prevent or suppress lawless violence, invasion, insurrection, or rebellion in said Territory, and he may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, suspend the privilege of the writ of habeas corpus, or place the Territory, or any part thereof, under martial law until communication can be had with the President and his decision thereon made known. Sec. 67, act of Apr. 30, 1900 (31 Stat. 153). 2817. Military control of the Canal Zone in time of war.-That in time of war in which the United States shall be engaged, or when, in the opinion of the President, war is imminent, such officer of the Army as the President may designate shall, upon the order of the President, assume and have exclusive authority and jurisdiction over the operation of the Panama Canal and all of its adjuncts, appendants, and appurtenances, including the entire control and government of the Canal Zone, and during a continuance of such condition the governor of the Panama Canal shall, in all respects and particulars as to the operation of such Panama Canal, and all duties, matters, and transactions affecting the Canal Zone, be subject to the order and direction of such officer of the Army. Sec. 13, act of Aug. 24, 1912 (37 Stat. 569). 2818. Philippine Scouts assisting constabulary officers.-That any companies of Philippine scouts ordered to assist the Philippine constabulary in the maintenance of order in the Philippine Islands may be placed under the command of officers serving as chief or assistant chiefs of the Philippine constabulary, as herein provided: Provided, That when the Philippine scouts shall be ordered to assist the Philippine constabulary, said scouts shall not at any time be placed under the command of inspectors or other officers of the constabulary below the grade of assistant chief of constabulary. Sec. 2, act of Jan. 30, 1903 (32 Stat. 783). 2819. Suppression of insurrection against the United States.-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 ordi nary 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 militiɛ. 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. R. S. 5298. Notes of Decisions. See also notes to 2786, 2813, ante. What constitutes insurrection.-An insurrection is a rising against civil or political authority; the open and active opposition of a number of persons to the execution of law in city or State. In re Charge to Grand Jury (D. C. 1894), 62 Fed. 828; Spruille. North Carolina Mut. Life Ins. Co. (1853), 46 N. C. 126; County of Allegheny v. Gibson (1879), 90 Pa. 397, 35 Am. Rep. 670. The open and active opposition of a nuinber of persons to the execution of the laws of the United States, of so formidable a nature as to defy for the time being the authority of the Government, constitutes an insurrection, though not accompanied by bloodshed, and not of sufficient magnitude to render success probable. In re Charge to Grand Jury (D. C. 1894), 62 Fed. 828. See, also, Presser v. Illinois (1886), 6 Sup. Ct. 580, 585, 116 U. S. 252, 29 L. Ed. 615. Use of military forces.-The military forces may, however, be used where an organized, armed, and fortified resistance to the execution of the law exists, by direction of the President, under the provisions of this section and 2821, post, should he deem proper to take certain preliminary steps therein provided and if resistance to the law shall thereafter continue. (1878) 16 Op. Atty. Gen. 162. Sec. 2812, ante, renders unavailable the aid of the military forces of the United States for the suppression of unlawful organizatons, unless the state of facts be such as to enable these forces to be usea under the provisions of this section. (1881) 17 Op. Atty. Gen. 242. Upon consideration of the facts stated: Advised that the military forces of the United States may be employed under this section, after proclamation as required by 2821, post, to aid in the execution of the laws and for the suppression of combina tions of outlaws and criminais in the te ritory of Arizona, without the need of further legislation. (1882) 17 Op. Atty. Gen. 333. It is competent for the President, under this section, to direct the military forces to render the marshal for the Indian Territory, or for Alaska, such aid as may be necessary to enable him to maintain the peace and enforce the laws of the United States, but the marshal himself can not call on the troops for aid, their use as a posse comitatus being forbidden by 2812, ante. (1889) 19 Op. Atty. Gen. 293, 368. 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 сату 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. v. Neagle, 135 U. S. 1, 60; Logan v. U. S., 144 U. S. 263, 294; in re Waite, 81 Fed. Rep. 359; U. S. v. Debs, 164 U. S. 724; U. S. v. Cassidy, 67 Fed. Rep. 698. An officer who, in the performance of what he conceives to be his official duties, transcends his authority, and invades private rights, is answerable therefor to the Government under whose appoint.ient he acts, and to individuals injured by his action; but where there is no criminal intent, he is not liable to answer the criminal process of another Government. In re Lewis. 83 Fed. Rep. 159; in re Fair et al, 100, id., 149. An officer of the Army of the United States whilst serving in the enemy's country during the rebellion w not liable to an action in the courts of that country for injuries resulting from his military orders or acts; nor could be be required by a civil tribunal to justify or explain them upon any allegation of the injured party that they were not justified by military necessity. He was subject to the laws of war, and amenable only to his own Government. Dorr v. Johnson, 100 F. S. 158; Luther v. Borden, 7 Howard 1, 46. 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 26 Op. Atty. Gen. 162; 27 id., 242, 333; 19 id., 293. 2820. General power to suppress insurrections, etc.-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. R. S. 5299. Notes of Decisions. Insurrection.-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 au thority. The State must determine for itself what degree of force the crisis demands. Luther v. Borden, 7 How. 1. See also 16 Op. Atty. Gen. 162. See also notes to 2786, 2813, 2819, ante. 2821. Proclamation to insurgents to disperse.-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. R. S. 5300. Notes of Decisions. U. S. (1872), 17 Wall. 191, 197, 21 L. Ed. Essentials of proclamation.-A proclamation held to have taken effect when signed 606. by the President and sealed. Lapeyre v. 2822. Suspension of commercial intercourse with a State in insurrection.Whenever the President, in pursuance of the provisions of this Title, has called forth the militia to suppress combinations against the laws of the United States, and to cause the laws to be duly executed, and the insurgents shall have failed to disperse by the time directed by the President, and when the insurgents claim to act under the authority of any State or States, and such claim is not disclaimed or repudiated by the persons exercising the functions of government in such State or States, or in the part or parts thereof in which such combination exists, and such insurrection is not suppressed by such State or States, or whenever the inhabitants of any State or part thereof are at any time found by the President to be in insurrection against the United States, the President may, by proclamation, declare that the inhabitants of such State, or of any section or part thereof where such insurrection exists, are in a state of insurrection against the United States; and thereupon all commercial intercourse by and between the same and the citizens thereof and the citizens of the rest of the United States shall cease and be unlawful so long as such condition of hostility shall continue; and all goods and chattels, wares and merchandise, coming from such State or section into the other parts of the United States, or proceeding from other parts of the United States to such State or section, by land or water, shall, together with the vessel or vehicle conveying the same, or conveying persons to or from such State or section, be forfeited to the United States. R. S. 5301. Notes of Decisions. Construction of act.-This was not a temporary act, though passed during the late rebellion; nor on the cessation of hostilities did forfeitures which had been incurred, after proclamation, cease to be capable of enforcement. The Reform (1865), 3 Wall. 617, 629, 18 L. Ed. 105; Winchester v. U. S. (1878), 14 Ct. Cl. 43. Whether the rebellion was suppressed, and when it was suppressed, are facts for the determination of the political branches of the Government, and the judiciary are concluded by their action in the premises. The President by virtue of the acts of July 13, 1861 (12 Stat. 257), July 31, 1861 (12 Stat. 284), and sec. 2, June 7, 1862 (12 Stat. 422), had the right to declare from time to time what States or parts of States were in insurrection against the United States. This power necessarily carried with it the right to decide and declare that the rebellion had been suppressed in any State or part of a State where it had before existed. Grossmeyer v. U. S. (1868), 4 Ct. Cl. 1. The statutes and proclamations authorizing and prohibiting commercial intercourse with and in the insurrectionary districts during the rebellion examined and reviewed. Walker's Ex'rs v. U. S. (1876), 12 Ct. Cl. 408. One effect of the nonintercourse act was to postpone and determine the time when commercial intercourse between the loyal and insurrectionary States should become unlawful. Chesapeake & O. R. Co. v. U. S. (1885), 20 Ct. Cl. 49. Territory and persons affected. The rule that war makes all citizens or subjects of one belligerent enemies of all citizens and subjects of the other applies to civil war. The Venice (1864), 2 Wall. 258, 17 L. Ed. 866; Small's Adm'r v. Lumpkin's Ex'r (1877), 28 Gratt. (Va.) 832. Where States have assumed to secede and the functions of the Federal courts are suspended in rebellious territory, the United States Government is entitled to exercise belligerent rights against the seceded terri tory. U. S. v. The F. W. Johnson (D. C. 1861), Fed. Cas. No. 15,179; Green's Case (1874) 10 Ct. Cl. 466, 470. An inhabitant of a loyal State held not to have acquired a domicile in the insurrectionary States, and hence his purchases there constituted trading with the enemy. Mitchell v. U. S. (1874), 21 Wall. 350, 352, 22 L. Ed. 584. A citizen temporarily residing in the enemy's country is entitled to a reasonable time to collect his effects and convert them into available and manageable funds, to enable him to withdraw them from the country. The John Gilpin (C. C. 1863), Fed. Cas. No. 7,344. In March, 1865, commercial intercourse between a citizen of a loyal State and a person residing in Savannah is unlawful, although Savannah is permanently occupied by United States forces; the acts and proclamations affecting commercial intercourse during the rebellion examined and construed. Cutner v. U. S. (1870), 6 Ct. Cl. 415. A resident alien owes the same obedience to the law of the place in which he is, be it municipal or military, as a citizen; and when one, resident in New Orleans after its capture, transmits money across the lines to his agent, previously appointed, to buy cotton, it is commercial intercourse forbid-' den by both municipal and military law, and he acquires no valid title to the property purchased. Queyrouze v. U. S. (1871), 7 Ct. Cl. 402. The status of a person in the Civil War was fixed by his residence, and business between persons in the warring sections became illegal. Shacklett v. Polk (1875), 51 Miss. 378. The question of whether a locality was under the Federal or Confederate authority at a time during the war was not governed by the fact that at such time the State capital was held by a Federal military governor, but depends on actual occupation and dominion. Bond v. Perkins (1871), 51 Tenn. (4 Heisk.) 364. 2823. Suspension of commercial intercourse with part of a State.-Whenever any part of a State not declared to be in insurrection is under the control of insurgents, or is in dangerous proximity to places under their control, all commercial intercourse therein and therewith shall be subject to the prohibitions and conditions of the preceding section for such time and to such extent as shall become necessary to protect the public interests, and be directed by the Secre tary of the Treasury, with the approval of the President. R. S. 5302. 2824. Persons prohibited from commercial intercourse during insurrection.— The provisions of this Title in relation to commercial intercourse shall apply to all commercial intercourse by and between persons residing or being within districts within the lines of national military occupation in the States or parts of States declared in insurrection, whether with each other or with persons residing or being within districts declared in insurrection and not within those lines; and all persons within the United States, not native or naturalized citizens thereof, shall be subject to the same prohibitions, in all commercial intercourse with inhabitants of States or parts of States declared in insurrection, as citizens of States not declared to be in insurrection. R. S. 5303. Notes of Decisions. Effect of statute.-A contract for the purchase of cotton, made during the Civil War by a subject of Norway, domiciled in New York, with a citizen of Texas, was void. This section was only declaratory of a well-known principle of international law. Habricht v. Alexander (C. C. 1867), Fed. Cas. No. 5,886. 2825. Licenses to trade in insurrectionary States.-The President may, in his discretion, license and permit commercial intercourse with any part of such State or section, the inhabitants of which are so declared in a state of insurrection, so far as may be necessary to authorize supplying the necessities of loyal persons residing in insurrectionary States, within the lines of actual occupation by the military forces of the United States, as indicated by published order of the commanding general of the department or district so occupied; and, also, so far as may be necessary to authorize persons residing within such lines to bring or send to market in the loyal States any products which they shall have produced with their own labor or the labor of freedmen, or others employed and paid by them, pursuant to rules relating thereto, which may be established under proper authority. And no goods, wares, or merchandise shall be taken into a State declared in insurrection, or transported therein, except to and from such places and to such monthly amounts as shall have been previously agreed upon, in writing, by the commanding general of the department in which such places are situated, and an officer designated by the Secretary of the Treasury for that purpose. Such commercial intercourse shall be in such articles and for such time and by such persons as the President, in his discretion, may think most conducive to the public interest; and, so far as by him licensed, shall be conducted and carried on only in pursuance of rules and regulations prescribed by the Secretary of the Treasury. R. S. 5304. Notes of Decisions. to Authority to issue license. Power license trading with enemy defined. McKee v. U. S. (1868), 8 Wall. 163, 166, 19 L. Ed. 329; U. S. v. Lane (1968), 8 Wall. 185, 195, 19 L. Ed. 445; Snell v. Dwight (1876), 120 Mass. 9. Under this proviso, which gave the President power in his discretion to license intercourse, no one else could give licenses. The Reform (1865), 3 Wall. 617, 18 L. Ed. 105, affirming The Sea Lion (1865), Id. 642; The Sea Lion (1866), 5 Wall, 630, 646, 18 |