shall be specifically set forth. Provided, That all such contracts shall have a fixed limited time to run, and shall be invalid unless so limited. And provided, That such contracts shall not be assignable, in whole or in part, unless the names of the assignees and their residences and occupations be entered in writing upon the contract, and the consent of the secretary of the interior and the commissioner of Indian affairs to such assignment be also indorsed thereon. And be it further provided, That the judge before whom such contract or agreement is executed shall certify officially the time when and place where such contract or agreement was executed, and that it was in his presence, and who are the interested parties thereto, as stated to him at the time, the parties present making the same, the source and extent of authority claimed at the time by the contracting parties to make the contract or agreement, and whether made in person, or by agent or attorney of either party or parties.— Sec. 2, May 21, 1872, chap. 177.

866. No money shall be paid to any agent or attorney by an officer of the United States under any such contract or agreement, other than the fees due him for services rendered thereunder; but the moneys due the tribe, Indian, or Indians, as the case may be, shall be paid by the United States, through its own officers or agents, to the party or parties entitled thereto. Provided, That no money or thing shall be paid to any person for services under such contract or agreement, until such person shall have first filed with the commissioner of Indian affairs a sworn statement, showing each particular act of service under the contract, giving date and fact in detail, and the secretary of the interior and commissioner of Indian affairs shall determine there from whether, in their judgment, such contract or agreement has been complied with or fulfilled; if so, the same may be paid, and if not, it shall be paid in proportion to the services rendered under the contract. Provided, That all such contracts or agreements hereafter made in violation of the provisions of this act are hereby declared null and void, and all money or other thing of value paid to any person by any Indian or tribe, or any one else for or on his or their behalf, on account of such services, in excess of, the amount approved by said commissioner and secretary for such services, may be recovered by suit in the name of the United States in any court of the United States, regardless of the amount in controversy, one half of which shall be paid to the person suing for the same, and the other half shall be paid into the treasury of the United States for the use of the Indian or tribe by or for whom it

was paid; and the person so receiving said money, and his aiders and abettors shall, in addition to the forfeiture of said sum, be subject to prosecution for misdemeanor in any court of the United States, and, on conviction, shall be fined not less than one thousand dollars, and imprisoned not less than six months; and it shall be the duty of all district attorneys of the United States to prosecute such cases when applied to to do so, and their failure and refusal shall be ground for their removal from office; and any Indian agent or other person in the employment of the United States who shall, in violation of the provisions of this act, advise, sanction, or in any way aid in the making of such contracts or agreements, in making such payments as are here prohibited, shall, in addition to the punishment herein imposed on the person making said contract or receiving said money, be, on conviction, dismissed from the service of the United States, and be forever disqualified from holding any office of profit or trust under the same.-Sec. 3, ibid.

CHAPTER XXVII.

EXECUTION OF LAWS; QUARANTINE AND HEALTH LAWS; NEUTRALITY ACT; ETC.

EXECUTION OF THE LAWS.

870. In all cases of insurrection, or obstruction to the laws,' either of the United States, or of any individual State or Territory, where it is lawful for the President of the United States to call forth the militia for the purpose of suppressing such insurrection, or of causing the laws to be duly executed, it shall be lawful for him to employ, for the same purposes, such part of the land or naval force of the United States as shall be judged necessary, having first observed all the prerequisites of the law in that respect.-Sec. 1, March 3, 1807, chap. 39.

QUARANTINE AND HEALTH LAWS.

871. The quarantines and other restraints, which shall be required and established by the health laws of any State, or pur

1 EMPLOYMENT OF TROOPS IN EXECUTION OF THE LAWS.-So far as this act authorizes the employment of the army and navy to enforce the faithful execution of the laws of the United States, or to suppress rebellion in whatever States or Territories thereof the laws of the United States may be forcibly opposed, it has been supplied by the act of 1861. See Chap. xxv., ¶802.

"The army," as existing at the adoption of the Constitution, consisted of levies of State quotas, under State officers, raised for limited periods, and for the sole and specific purpose of protecting the settlers on the public lands from Indian depredations. From that sort of an "army," and originally hampered with the same conditions as to the nature of its service, has arisen the present military establishment; and hence has Congress deemed it necessary to declare that the army, as an organization, may be used under the circumstances and conditions set forth in ¶¶ 802, 870, and that it may be employed:

To garrison our fortifications, and preserve in our ports and harbors the respect due to the constituted authorities of the nation. See Chap. xii., ¶ ¶ 382, 384.

To prevent and terminate hostilities between the Indian tribes, and to enforce the Indian intercourse acts. See Chap. xxvi., ¶¶ 840, 850, 851, 852, 854. To remove intruders from the public lands. See Chap. xxiv., note 4.

To protect the rights of discoverers of guano islands: act of August 18, 1856. And in this chapter, under the appropriate sub-titles, will be found further provision for the employment of military force in execution of the laws. Query, whether Congress, in thus affirming the circumstances and conditions under which the army may be employed, has not negatived its employment in other cases; and whether the existence of this legislation does not prove that without it the army could not be lawfully employed for those purposes? For executive recognition of the liability of individual officers and soldiers to serve as a posse comitatus, upon summons of United States marshals, collectors of internal revenue, etc., see notes 11, 12, 15.

suant thereto, respecting any vessels arriving in or bound to any port or district thereof, whether from a foreign port or place, or from another district of the United States, shall be duly observed by the collectors and all other officers of the revenue of the United States, appointed and employed for the several collection districts of such State respectively, and by the masters and crews of the several revenue cutters, and by the military officers who shall command in any fort or station upon the sea-coast. And all such officers of the United States shall be and they hereby are authorized and required, faithfully to aid in the execution of such quarantines and health laws, according to their respective powers and precincts, and as they shall be directed from time to time by the secretary of the treasury of the United States.-Sec. 1, February 25, 1799, chap. 12.

THE NEUTRALITY ACT.

872. If any citizen of the United States shall, within the territory or jurisdiction thereof, accept and exercise a commission to serve a foreign prince, state, colony, district, or people, in war, by land or by sea, against any prince, state, colony, district, or people, with whom the United States are at peace, the person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not more than two thousand dollars, and shall be imprisoned not exceeding three years.'-Sec. 1.

873. If any person' shall, within the territory or jurisdiction of the United States, enlist or enter himself, or hire or retain another person to enlist or enter himself, or to go beyond the limits or jurisdiction of the United States with intent to be enlisted or entered

2 But this law is not to be construed as placing military posts under control of the civil authorities. The secretary of war, replying to the mayor of New York City, in reference to the military in New York harbor, says: "To place these posts in any manner under the direction of the board of health would deprive the military authorities of that complete control over its officers and property which this department should always maintain, and would be subversive of military discipline without advantage to the health of the city or the posts." See Army and Navy Journal, September 9, 1871.

All of the sections quoted under this title are provisions of the act of April 20, 1818, chap. 88, with which, in view of its secs. 8 and 9 (¶¶ 878, 879), all army officers should be familiar.

All persons engaged in undertaking to raise troops in the United States for the military service of any other government, whether citizens or foreigners, individuals or officers, unless protected by diplomatic privilege, are indictable under this statute, and foreign consuls are not exempt, either by treaty or the law of nations, from its penal effects.-7 Opinions, 367.

5 The prohibition of foreign enlistments is a matter of domestic or municipal right, as to which foreign governments have no right to inquire, the international offense being independent of the question of the existence of a prohibitory act of Congress.-7 Opinions, 367.

in the service of any foreign prince, state, colony, district, or people, as a soldier, or as a marine or seaman, on board of any vessel of war, letter of marque, or privateer, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not exceeding one thousand dollars, and be imprisoned not exceeding three years. Provided, That this act shall not be construed to extend to any subject or citizen of any foreign prince, state, colony, district, or people who shall transiently be within the United States, and shall on board of any vessel of war, letter of marque, or privateer, which, at the time of its arrival within the United States, was fitted and equipped as such, enlist or enter himself, or hire or retain another subject or citizen of the same foreign prince, state, colony, district, or people, who is transiently within the United States, to enlist or enter himself to serve such foreign prince, state, colony, district, or people, on board such vessel of war, letter of marque, or privateer, if the United States shall then be at peace with such foreign prince, state, colony, district, or people.-Sec. 2.

874. If any person shall, within the limits of the United States, fit out and arm, or attempt to fit out and arm, or procure to be fitted out and armed, or shall knowingly be concerned in the furnishing, fitting out, or arming of any ship or vessel with intent that such ship or vessel shall be employed in the service of any foreign prince or state, or of any colony, district, or people, to cruise or commit hostilities against the subjects, citizens, or property of any foreign prince or state, or of any colony, district, or people, with whom the United States are at peace, or shall issue or deliver a commission within the territory or jurisdiction of the United States, for any ship or vessel, to the intent that she may be employed as aforesaid, every person so offending shall be deemed guilty of a high misdemeanor, and shall be fined not more than ten thousand dollars, and imprisoned not more than three years; and every such ship or vessel, with her tackle, apparel, and furniture, together with all materials, arms, ammunition, and stores, which may have been procured for the building and equipment thereof, shall be forfeited; one half to the use of the informer, and the other half to the use of the United States."-Sec. 3.

875. If any person shall, within the territory or jurisdiction of

6 Military officers, ordered out by the President to prevent a violation of the neutrality act, may lawfully seize property and hold it, until it can be proceeded against in the mode prescribed by law; and such officer is not responsible for subsequent loss of property so seized, if occasioned without fault on his part.-Stoughton v. Dimick, 3 Blatchford, C. C., 356.