them levied, to the supervisor of the revenue in the district in which they are collected, within two months after they shall have received the same, deducting therefrom five per cent. as a compensation for their trouble; and, in case of failure, the same shall be recoverable by action of debt or information, in any court of the United States, of the district in which such fines shall be levied, having cognizance thereof, to be sued for, prosecuted, and recovered, in the name of the supervisor of the district, with interest and costs.-Sec. 8, ibid.

813. The marshals of the several districts of the United States and their deputies shall have the same powers in executing the laws of the United States as sheriffs and their deputies in the several States have, by law, in executing the laws of the respective States. -Sec. 7, July 29, 1861, chap. 25.

814. Secs. 2, 3, and 4 of the act entitled "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, and to repeal the act now in force for those purposes," approved February 28, 1795, and so much of the residue of said act and of all other acts as conflict with this act, are hereby repealed.-Sec. 8, ibid.

815. That the expenses incurred, or to be incurred, by marching the militia of any State or Territory of the United States to their places of rendezvous, in pursuance of a requisition of the President of the United States, or which shall have been, or may be, incurred in cases of calls made by the authority of any State or Territory, which shall have been, or may be, approved by him, shall be adjusted and paid in like manner as the expenses incurred after their arrival at such places of rendezvous, on the requisition of the President of the United States. Provided, That nothing herein contained shall be considered as authorizing any species of expenditure, previous to arriving at the place of rendezvous, which is not provided by existing laws to be paid for after their arrival at such place of rendezvous. -April 10, 1818, chap. 84.

816. Whenever the militia shall be called into the actual service of the United States, their pay shall be deemed to commence from the day of their appearing at the places of battalion, regimental, or brigade rendezvous.-Sec. 3, January 2, 1795, chap. 9.

817. The officers, non-commissioned officers, musicians, artificers, and privates of volunteer and militia corps, who have been in the service of the United States at any time since the 1st day of November, in the year of our Lord 1835, or may hereafter be in the service of the United States, shall be entitled to and receive the same

monthly pay, rations, clothing, or money in lieu thereof, and forage, and be furnished with the same camp equipage, including knapsacks, as are or may be provided by law for the officers, musicians, artificers, and privates of the infantry of the army of the United States.15 -Sec. 1, March 19, 1836, chap. 44.

818. That the officers of all mounted companies who have been in, or may hereafter be in, the service of the United States, shall each be entitled to receive forage, or money in lieu thereof, for two horses, when they actually keep private servants, and for one horse when without private servants, and that forty cents per day be allowed for the use and risk of each horse, except horses killed in battle or dying of wounds received in battle.15 That each non-commissioned officer, musician, artificer, and private of all mounted companies shall be entitled to receive forage in kind for one horse, with forty cents per day for the use and risk thereof, except horses killed in battle, or dying of wounds received in battle, and twenty-five cents per day in lieu of forage and subsistence, when the same shall be furnished by himself, or twelve and a half cents per day for either, as the case may be.-Sec. 2, ibid.

819. The officers, non-commissioned officers, musicians, artificers, and privates shall be entitled to one day's pay, subsistence, and other allowances, for every twenty miles' travel from their places of residence to the place of general rendezvous, and from the place of discharge back to their residence.1-Sec. 3, ibid.

820. When any officer, non-commissioned officer, artificer, or private of said militia or volunteer corps, who shall die in the service of the United States, or returning to his place of residence after being mustered out of the service, or at any time in consequence of wounds received in service, and shall leave a widow, or if no widow, a child or children under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled, at the time of his death, for and during the term of five years; and in case of the death or intermarriage of such widow before the expiration of five years, the half-pay for the remainder of the time shall go to the child or children of said decedent. Provided always, That the secretary of war shall adopt such forms of evidence, in applications under this

15 This section, in so far as it prescribes the pay, rations, and clothing of the militia, is supplied by the act of 1861. See ¶ 804.

(a.) This does not include regimental officers.-3 Opinions, 566.

16 And see 821.

act, as the President of the United States may prescribe.-Sec. 5, March 19, 1836, chap. 44.

821. The non-commissioned officers, musicians, and privates of volunteers and militia, when called into the service of the United States, shall be entitled to receive fifty cents in lieu of subsistence, and twenty-five cents in lieu of forage for such as are mounted, for every twenty miles, by the most direct route, from the period of leaving their homes to the place of general rendezvous, and from the place of discharge back to their homes."-Sec. 10, June 18, 1846, chap. 29.

822. When volunteers or militia are called into the service of the United States in such numbers that the officers of the quartermaster, commissary, and medical departments, authorized by law, be not sufficient to provide for supplying, quartering, transporting, and furnishing them with the requisite medical attendance, it shall be lawful for the President to appoint, with the advice and consent of the Senate, as many additional officers of said departments as the service may require, not exceeding one quartermaster and one commissary for each brigade with the rank of major, and one assistant quartermaster with the rank of captain, one assistant commissary with the rank of captain, one surgeon and one assistant surgeon for each regiment; the said quartermasters and commissaries, assistant quartermasters and assistant commissaries, to give bonds with good and sufficient sureties for the faithful performance of their duties; and they and the said surgeons and assistant surgeons to perform such duties as the President shall direct. Provided, That the said officers shall be allowed the same pay and emoluments as are now allowed to officers of the same descriptions and grades in those departments, respectively; that they be subject to the Rules and Articles of War; and continue in service only so long as their services shall be required in connection with the militia and volunteers. 18-Sec. 5, ibid.

17 See also S19.

18 A note to this section in Callan's "Military Laws" says: "this is very like a general enactment, but was regarded as temporary.' In Brightly's Digest, however, this section (822) is cited as in force as late as 1857. It has never been repealed in express terms, nor, so far as the compiler can ascertain, has it ever been abrogated or supplied by inconsistent legislation. Other sections of the same act, not more general in their terms, have been regarded as permanent provisions (see ¶¶ 199, 403, 533); and this section is not less general in its terms than the act providing additional officers for the payment of the same class of troops under like conditions (see 311), and of which use was made during the late rebellion. But see¶¶783, 784; and the CoxSTITUTION OF THE UNITED STATES (Chap. i.), Art. I., sec. 8, clause 15.

In the act of July 22, 1861, and the acts supplementary thereto, such provision was made for the organization of the volunteer forces, thereby called into service, as obviated the calling into requisition of the act of 1846.

CHAPTER XXVI.

INDIANS.

830. THAT all that part of the United States west of the Mississippi, and not within the States of Missouri and Louisiana, or the Territory of Arkansas, and also that part of the United States east of the Mississippi River, and not within any State to which the Indian title has not been extinguished, for the purpose of this act, be taken and deemed to be the Indian country.'-Sec. 1, June 30, 1834, chap. 161.

831. No person shall be permitted to trade with any of the Indians (in the Indian country) without a license therefor from a superintendent of Indian affairs, or Indian agent, or sub-agent, which license shall be issued for a term not exceeding two years for the tribes east of the Mississippi, and not exceeding three years for the tribes west of that river. And the person applying for such license shall give bond in a penal sum not exceeding five thousand dollars, with one or more sureties, to be approved by the person issuing the same, conditioned that such person will faithfully observe all the laws and regulations made for the government of trade and intercourse with the Indian tribes, and in no respect violate the same. And the superintendent of the district shall have power

1 Only such legislation in reference to trade and intercourse with the Indian tribes as is important to the military officers who may be called upon to enforce the Indian policy of the government appears in this compilation.

By sec. 13, June 30, 1834 (chap. 162), it was provided that an army officer should be present at, and certify to, all distributions of annuities. That provision may have become inoperative upon transfer of Indian affairs to the interior department; but it exists in some of the Indian treaties, and in special cases has been re-enacted.

Under sec. 4 of the same act "it shall be competent for the President to require any military officer of the United States to execute the duties of Indian agents." But under the act of July 5, 1838 (928), these details are conditional, and they are perhaps prohibited by the act of July 15, 1870: see ¶ 563.

2 The laws regulating trade and intercourse with the Indian tribes, in so far as they are applicable, are extended over the Indian tribes in OREGON, by act of June 5, 1850; and over those in NEW MEXICO and UTAH, by act of February 27, 1851. The extension of these laws over Oregon, New Mexico, and Utah, undoubtedly renders them applicable to the Territories of ARIZONA, IDAHO, and WASHINGTON. These laws have not been extended to ALASKA; but under the act of July 27, 1868, the President has "power to restrict and regulate or to prohibit the importation and use of fire-arms, ammunition, and distilled spirits into and within the said Territory."

to revoke and cancel the same, whenever the person licensed shall, in his opinion, have transgressed any of the laws or regulations provided for the government of trade and intercourse with the Indian tribes, or that it would be improper to permit him to remain in the Indian country. And no trade with the said tribes shall be carried on within their boundary, except at certain suitable and convenient places, to be designated, from time to time, by the superintendents, agents, and sub-agents, and to be inserted in the license. And it shall be the duty of the persons granting or revok ing such licenses forthwith to report the same to the commissioner of Indian affairs, for his approval or disapproval.-Sec. 2, ibid.

832. Any superintendent or agent may refuse arr application for a license to trade, if he is satisfied that the applicant is a person of bad character, or that it would be improper to permit him to reside in the Indian country, or if a license previously granted to such applicant has been revoked, or a forfeiture of his bond decreed. But an appeal may be had from the agent or the superintendent to the commissioner of Indian affairs; and the President of the United States shall be authorized, whenever in his opinion the public interest may require the same, to prohibit the introduction of goods, or of any particular article, into country belonging to any Indian tribe, and to direct all licenses to trade with such tribe to be revoked, and all applications therefor to be rejected; and no trader to any other tribe shall, so long as such prohibition may continue, trade with any Indians of or for the tribe against which such prohibition is issued.—Sec. 3, ibid.

833. Any person other than an Indian who shall attempt to reside in the Indian country as a trader, or to introduce goods, or to trade therein without such license, shall forfeit all merchandise offered for sale to the Indians, or found in his possession, and shall moreover forfeit and pay the sum of five hundred dollars.—Sec. 4, ibid.

834. No license to trade with the Indians shall be granted to any persons except citizens of the United States. Provided, That the President shall be authorized to allow the employment of foreign boatmen and interpreters, under such regulations as he may prescribe.-Sec. 5, June 30, 1834, chap. 161.

835. If a foreigner shall go into the Indian country without a passport from the war department, the superintendent, agent, or

3 See ¶863 for further legislation in reference to traders.