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1872.]

Charge to Grand Jury--Mr. Justice Field.

ties for services in suppressing insurrection or rebellion, shall not be questioned.""

"There are differences of opinion as to the mode of payment required by the contracts of the American people, made through their government; but nobody questions openly, if anybody questions at all, that the debt contracted must be paid, and paid in perfect good faith. The law of the amendment that the validity of the national debt shall not be questioned, was already written on the hearts of the people before they made it part of the constitution. To provide for the reduction and final payment of this debt and the annual expenses of the government, taxes are necessarily imposed. In other words, the equal proportion to be contributed by each citizen is ascertained by law. He who withholds his just proportion, deprives the rest of the people of exactly the same amount withheld. His fraud operates as theft. The sum total necessary to meet the obligations of the nation must be raised. Fraud upon the revenue does not reduce that sum; it merely shifts the burdens evaded by the fraudulent, upon others who pay their full proportion besides. All honest men, therefore, have a common cause against the dishonest."

You, gentlemen, represent the honest men, and it is your duty to see that no defrauder of the revenue who can be brought to justice, escapes merited punishment. The higher in office, and the higher in social position the delinquent may be, the more unremitting and searching should be your diligence in inquiry and presentment.

To these observations of the chief justice, it may not be out of place to add here, that great as is the debt forced upon the nation by the recent rebellion, the results to the country which have followed from the war, to which that rebellion led, should make us feel that the burden of the debt is light.

That war has done away forever with the miserable notion, which extensively prevailed at the time of the outbreak of the rebellion, that the general government, because it was formed by the people of the several States, sovereign in some of their powers, should not exert any coercion to

Charge to Grand Jury---Mr. Justice Field.

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enforce its laws. No one is now willing to run a tilt against common sense by adducing any argument in support of this absurd position; and the war has demonstrated that the general government possesses all the power necessary to enforce obedience to its laws throughout the limits of the republic.

That war has also led to the great constitutional amendments; the amendment which declares that "neither slavery nor involuntary servitude, except as a punishment for crime, of which the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction;" and the amendment which declares that "no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. Nor shall any State deprive any person of life, liberty or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws." These amendments constitute the great, the crowning glory of the country, for they make freedom, when not forfeited by crime, the legal condition of every human being within the jurisdiction of the United States, and equality before the law his constitutional right.

We had intended, gentlemen, to say something respecting the treatment which Chinese and other Asiatics have sometimes received in this district. But the district attorney informs us that there are no cases pending which would require a consideration of this matter by you. We will therefore only observe that although there may be reasonable differences of opinion with respect to the wisdom and policy of encouraging the immigration to this country of persons, between whom and our people there is such marked dissimilarity in constitution, habits and manners; yet so long as our country seeks to enlarge her commerce by treaties with Asiatic countries, and to secure protection to her own citizens in those countries by pledging protection to their citizens in this country, it is the duty of the government to exert its power, its entire power if necessary, to enforce its obligations in this respect.

And more than this-independently of all such considera

1872.]

Charge to Grand Jury---Mr. Justice Field.

tions of duty or interest, it is base and cowardly to maltreat these people whilst they are within the jurisdiction of our government. If public policy requires that they should be excluded from our shores, let the general government so provide and declare, but until it does so provide and declare, they have a perfect right to immigrate to this country; and whilst here they are entitled, equally with all others, to the full protection of our laws. It is unchristian and inhuman to maltreat them, as has been sometimes done by disorderly persons, we are sorry to say, in this district.

We are not aware, gentlemen, that any matter will be presented to you requiring any other special directions than those already given. Should any such arise, the court will again call you before it and give such instructions as the matter may require. You are at liberty at any time to ask the advice of the court upon any questions of law relating to matters under investigation before you, although you will probably find the advice of the district attorney upon those matters sufficient to guide your action.

INDEX.

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ADMIRALTY.

See AMBIGUITY, BAILMENT, BILL OF SAVINGS, COLLISION, COMMON CARRIER,
DAMAGES, FORFEITURE, MASTER OF VESSEL, MECHANICS' LIEN 4, Negli-
GENCE, PILOTS, SAILORS, SALVAGE.

ALASKA.

1. CONGRESS MAY AUTHORIZE THE PRESIDENT TO PROHIBIT THE INTRODUC-
TION OF SPIRITS INTO ALASKA.-Congress had power to authorize the
President to regulate or prohibit the introduction of distilled spirits into
the district of Alaska, under penalties, as prescribed by act of July 27,
1868. (15 Stat. 241.) The Louisa Simpson, 57.

2. IMPORTATION INTO ALASKA.-Distilled spirits are imported into the dis-
trict of Alaska, when brought from an American port, outside of said
district into the waters, within the headlands of Point Hope and Cape
Prince of Wales, and there unladen or disposed of, or with the intent
to so unlade or dispose of them. Id.

3. INDIAN COUNTRY, what is.--The “Indian country," within the meaning
of the act declaring it a crime to introduce spirituous liquors therein, is
only that portion of the United States which has been declared to be
such by act of congress; and a country which is owned or inhabited by
Indians in whole or in part is not, therefore, a part of the "Indian
country." U. S. v. Seveloff, 311.

4. ACT OF JUNE 30, 1834, NOT IN FORCE IN ALASKA.-The act of June 30,
1834 (4 Stat. 729), defining the limits of the "Indian country," and reg-
ulating the trade and intercourse with the Indian tribes therein, is a
local act, and was therefore not extended propria vigore over the territory
of Alaska, upon its cession to the United States. Id.

5. SAME, NOT EXTENDED THERE BY ACT OF JULY 27, 1868.---The act of July
27, 1868 (15 Stat. 240), extending the laws "relating to customs, com-
merce, and navigation," over Alaska, construed not to extend the Indian
intercourse act of 1834 (supra) over that territory, although the latter is
a regulation of commerce" with the Indian tribes." Id.

6. ACT OF MARCH 15, 1864, PRIMA FACIE APPLIES TO ALASKA. ---Section 20 of
the act of 1834 (supra), as amended by act of March 15, 1864 (13 Stat.
29), making the disposing of spirituous liquors to Indians a crime, is in
this respect a general act, and prima facie applies wherever the subject-
matter exists---an Indian under the charge of an agent appointed by the
United States; but Alaska being acquired by the United States after the
enactment of such amendment, it is doubtful whether it was extended
over that territory propria vigore, upon its acquisition; and the act of

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