388 BURR— THE TREATY-MAKING POWER [Apni 20, 



The Court then refers to the international episode of the case of 

 ]\Iartin Koszta, and asks : 



" Upon what Act of Congress then existing can any one lay his finger in 

 support of the action of our government in this matter ?"^^ 



The conclusion is that all acts done under the Constitution have the 

 force of law. 



In Logan z's. United States,^-^ certain individuals were arrested 

 for an alleged crime committed within the Indian territory, and 

 therefore within the jurisdiction of the United States. While in 

 the custody of the United States marshal, they were attacked by an 

 armed body of men and a fight ensued, resulting in the death of 

 two of the individuals under arrest. Sections 5508-9 of the Revised 

 Statutes provided for the punishment of any two or more persons 

 who should conspire and unite to deprive any person of a privilege 

 secured to him by the Constitution or laws of the United States. 

 Under these sections members of the attacking band were indicted 

 in the Federal district court. The Supreme Court of the United 

 States held that the United States was bound to protect against 

 lawless violence persons in its custody under arrest ; and that an 

 attack upon persons so held constitute a violation of Sections 

 5508-9 of the Revised Statutes. Said the Court: 



" Every right, created by, arising under or dependent upon, the Consti- 

 tution of the United States, may be protected and enforced by Congress, by 

 such means and in such manner as Congress, in the exercise of the correla- 

 tive duty of protection, or of the legislative powers conferred upon it by the 

 Constitution, may in its discretion deem most eligible and best adapted to 

 attain the object."^"" 



It will be observed in this case that the jurisdiction of the United 

 States over the subject matter arose out of the fact that the original 

 crime was committed in the Indian Territory, and that regulations 

 concerning it were committed to the legislation of Congress by the 

 Constitution. Sections 5508-9 of the Revised Statutes, although 

 general criminal statutes, were sustained because they were opera- 

 tive to protect rights secured by laws of Congress, passed in the 



'"" Ibid., p. 64. 



■•^"^1,44 U. S., 263 (1892). 



'- Ibid., p. 293. 



