A Compilation of the Messages and Papers of the Presidents. Volume 2, part 2: John Quincy Adams
History
A Compilation of the Messages and Papers of the Presidents. Volume 2, part 2: John Quincy Adams
Adams, John Quincy, 1767-1848; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
By the sixteenth and seventeenth sections of the same statute two
distinct processes are prescribed, by either or both of which the above
enactment may be carried into execution. By the first it is declared to
be lawful for the military force of the United States to apprehend every
person found in the Indian country over and beyond the boundary line
between the United States and the Indian tribes in violation of any of
the provisions or regulations of the act, and immediately to convey
them, in the nearest convenient and safe route, to the civil authority
of the United States in some of the three next adjoining States or
districts, to be proceeded against in due course of law.
By the second it is directed that if any person charged with the
violation of any of the provisions or regulations of the act shall be
found within any of the United States or either of their territorial
districts such offender may be there apprehended and brought to trial in
the same manner as if such crime or offense had been committed within
such State or district; and that it shall be the duty of the military
force of the United States, when called upon by the civil magistrate or
any proper officer or other person duly authorized for that purpose and
having a lawful warrant, to aid and assist such magistrate, officer, or
other person so authorized in arresting such offender and committing him
to safe custody for trial according to law.
The first of these processes is adapted to the arrest of the trespasser
upon Indian territories on the spot and in the act of committing the
offense; but as it applies the action of the Government of the United
States to places where the civil process of the law has no authorized
course, it is committed entirely to the functions of the military force
to arrest the person of the offender, and after bringing him within the
reach of the jurisdiction of the courts there to deliver him into
custody for trial. The second makes the violator of the law amenable
only after his offense has been consummated, and when he has returned
within the civil jurisdiction of the Union. This process, in the first
instance, is merely of a civil character, but may in like manner be
enforced by calling in, if necessary, the aid of the military force.
Public-domain text, read in full here on John Shaqi.
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