73. Duties of the military, in enforcing this act. Treatment of persons arrested. 74. Part of the Indian country annexed to the judicial district of Arkansas; part to Missouri; and the residue to the district wherein situate. 75. Criminal laws of the United States to be in force therein. 76. Offenders to be arrested and transported for trial. 77. How penalties recoverable. 78. Proceedings against property seized. 79. Certain acts repealed. Act of 1802 to remain in force east of the Mississippi. 80. Jurisdiction of the district court of Arkansas. 81. Punishment for introducing liquors into the Indian country. Indians to be witnesses. 82. Laws relating to the District of Columbia not to be deemed extended. Acts for punishment of crimes, not to extend to Indians, in certain cases. 83. Punishment of arson in the Indian country. 84. Of assault with intent to kill. 85. Execution of criminal process. 66. Payment of claims. 87. Forgery and mail robbery punished. 88. Penalty for returning to Indian country, after removal. IV. INTERCOURSE ACT OF 1802. 89. To extend to Indian country, in case of variation of boundary. 90. Penalty for hunting or ranging cattle on Indian lands. 91. Penalty for entering the Indian country without a passport. 92. Punishment of crimes therein. Compensation for property injured. 93. Punishment for settling on Indian lands. Removal of intruders. 94. Murder of Indians, punishable with death. 96. For bartering with Indians, except for skins and furs. 98. Public agents not to trade with Indians. Punishment. 99. Purchases of lands from Indians to be void, &c. 100. Indian tribes may be furnished with goods, &c. 101. Crimes and trespasses by Indians, how redressed. No indemnity. if private revenge be sought. 102. Jurisdiction of the federal courts. 103. Offenders may be apprehended for trial. 104. Punishment of such offenders, if found in any of the states or territories. 105. Punishments in the discretion of the courts. How fines and forfeitures recoverable. 106. What trade with Indians to be excepted from this act. 107. Boundaries to be marked. 108. Powers of the president to restrain sale of liquors. V. INDIAN LANDS. 109. Indian districts to be laid off, west of the Mississippi. 110. Protection of Indians. 111. Superintendence to continue. 112. Proceeds of Indian lands to be paid into the treasury. 116. Certain buildings, &c., to be sold. 118. Indian reservations in California, Utah and New Mexico. VI. MISCELLANEOUS PROVISIONS. 123. Introduction of spirits forbidden. 124. Appropriations for education to be expended in the Indian country. 125. No contracts with agents to be recognised. 126. No payments to be made to agents except in case of neces sity. Contracts to be void. I. COMMISSIONER OF INDIAN AFFAIRS. 4 Stat 564. 1. The president shall appoint, by and with the advice and consent of the senate, a 9July 1832 8 1. commissioner of Indian affairs, who shall, under the direction of the secretary of war, (a) and, agreeably to such regulations as the president may, from time to time, prescribe, Appointment have the direction and management of all Indian affairs, and of all matters arising out Duties and salary. of Indian relations; and shall receive a salary of three thousand dollars per annum. 2. All accounts and vouchers for claims and disbursements connected with Indian affairs, shall be transmitted to the said commissioner for administrative examination, and To examine by him passed to the proper accounting officer of the treasury department for settle- accounts, &c. ment; (b) and all letters and packages to and from the said commissioner, touching the Franking pribusiness of his office, shall be free of postage. vilege. II. INDIAN AGENTS. Ibid. 23. 4 Stat. 735. 3. There shall be a superintendency of Indian affairs for all the Indian country not 30 June 1834 § 2 within the bounds of any state or territory west of the Mississippi river; the superintendent of which shall reside at St. Louis, and shall annually receive a salary of fifteen Superintendent hundred dollars. (c) at St. Louis. Ibid. 23. Powers of super 4. Superintendents of Indian affairs shall, within their several superintendencies, exercise a general supervision and control over the official conduct and accounts of all officers and persons employed by the government in the Indian department, under such intendents. regulations as shall be established by the president of the United States; and may suspend such officers and persons from their office or employments, for reasons forthwith to be communicated to the secretary of war. Ibid. 24. 5. The following Indian agents shall be appointed by the president of the United States, by and with the advice and consent of the senate, who shall hold their offices for what agents to term of four years; and who shall give bond, with two or more securities, in the penal be appointed. sum of two thousand dollars, for the faithful execution of the same; and shall receive the annual compensation of fifteen hundred dollars. (d) (a) The act 3 March 1849 35, provides "that the secretary of the interior shall exercise the supervisory and appellant powers now exercised by the secretary of the war department, in relation to all the acts of the commissioner of Indian affairs; and shall sign all requisitions for the advance or payment of money out of the treasury, on estimates or accounts, subject to the same adjustment or control now exercised on similar estimates or accounts by the second auditor and second comptroller of the treasury." 9 Stat. 395. (b) The act 3 March 1853, provides for the appointment of the following clerks, in the office of the commissioner of Indian affairs, viz.: six of class two, six of class three, and three of class four. See tit. "Clerks,” 10. (c) See act 6 May 1822 36. 3 Stat. 683. By act 3 March 184922, the governor of Minnesota is to perform the duties and receive the emoluments of superintendent of Indian affairs. 9 Stat. 404. So is the governor of New Mexico, by act 9 September 1850 2 3. Ibid. 449. And the governor of Utah, by act 9 September 1850 2. Ibid. 453. But see acts 27 February 1851; (infra, 31), and 3 March 1857; infra, 50. (d) An additional agent for the Witchetas and neighboring tribes west of the Choctaws and Chickasaws, by act 3 March 1857. 11 Stat. 169. 80 June 1834. Certain agencies to be discon tinued. President may discontinue or transfer agencies. 6. And the following agencies shall be discontinued at the periods herein mentioned, that is to say: The Florida agency, from and after the thirty-first day of December next. The Cherokee agency, from and after the thirty-first day of December next. The Indiana agency, from and after the thirty-first day of December 1836. The Chicago agency, from and after the thirty-first day of December next. The Rock Island agency, from and after the thirty-first day of December 1836. And all other agencies, not provided for in this act, from and after the passing thereof: Provided, That the limitation of the said agencies shall not be construed to prevent the president of the United States from discontinuing the same at an earlier period. And the president shall be, and he is hereby authorized, whenever he may judge it expedient, to discontinue any Indian agency, (b) or to transfer the same, from the place or tribe' designated by law, to such other place or tribe as the public service may require. And every Indian agent shall reside and keep his agency within or near the territory of the tribe for which he may be agent, and at such place as the president may designate, and shall not depart from the limits of his agency without permission. And it shall be Military officers competent for the president to require any military officer of the United States to execute the duties of Indian agent. (c) Residence. to act as agents. Ibid. 25. Appointment of sub-agents. Ibid. 27. agencies, and prescribe duties. 7. A competent number of sub-agents shall be appointed by the president, with an annual salary of seven hundred and fifty dollars each, to be employed, and to reside wherever the president may direct; and who shall give bonds, with one or more sureties, in the penal sum of one thousand dollars, for the faithful execution of the same. But no sub-agent shall be appointed who shall reside within the limits of any agency where there is an agent appointed. 8. The limits of each agency and sub-agency shall be established by the secretary of Secretary to esta- War, either by tribes or by geographical boundaries. And it shall be the general duty blish limits of of Indian agents and sub-agents to manage and superintend the intercourse with the Indians within their respective agencies, agreeably to law; to obey all legal instructions given to them by the secretary of war, the commissioner of Indian affairs, or the superintendent of Indian affairs, and to carry into effect such regulations as may be prescribed by the president. Ibid. ? 8. 9. The president of the United States may, from time to time, require additional Further security. security, and in larger amounts, from all persons charged or trusted under the laws of the United States, with the disbursement or application of money, goods, or effects of any kind, on account of the Indian department. Ibid. 29. Interpreters. Blacksmiths. 10. An interpreter shall be allowed to each agency, who shall receive an annual salary of three hundred dollars: Provided, That where there are different tribes in the same agency, speaking different languages, one interpreter may be allowed, at the discretion of the secretary of war, for each of the said tribes. Interpreters shall be nominated by the proper agents, to the war department for approval, and may be suspended by the agent from pay and duty, and the circumstances reported to the war department for final action. And blacksmiths shall, in like manner, be employed wherever required by treaty stipulations, and such blacksmiths shall receive an annual compensation of four hundred and eighty dollars; and if they furnish their shop and tools, an additional sum of one hundred and twenty dollars; and their assistants shall be allowed an annual compensation of two hundred and forty dollars. And wherever farmers, mechanics or teachers are required by treaty stipulations to be provided, they shall be employed under the direction of the war department; and shall receive an annual compensation of not less than four hundred and eighty dollars, nor more than six hundred dollars. And in Preference to be all cases of the appointments of interpreters or other persons employed for the benefit of Indian descent. of the Indians, a preference shall be given to persons of Indian descent, if such can be Assistants. Farmers, mechanics and teachers. given to persons (a) See infra, 33. By act 3 March 1857 ? 2, the agents for the Sioux and Seminole Indians, for the Omaha agency, for the Kickapoo agency, for the Kansas agency, and for the Neosho agency are to receive the same salary of $1500. 11 Stat. 185. (b) By act 9 July 1832 5, the secretary may under the direction of the president, cause to be discontinued the services of such agents, sub-agents, interpreters, and mechanics, as may from time to time, become unnecessary, in consequence of the emigration of the Indians, or other causes. 4 Stat. 564. (c) See infra, 14. Minis v. United States, 15 Pet. 423. INDIANS. found, who are properly qualified for the execution of the duties. And where any of 30 June 1834. Ibid. 10. 11. The compensation prescribed by this act shall be in full of all emoluments or allowances whatsoever: (a) Provided however, That where necessary, a reasonable allow- No extra comance or provision may be made for offices and office contingencies: And provided also, pensation. That where persons are required, in the performance of the duties under this act, to travel from one place to another, their actual expenses, or a reasonable sum in lieu thereof, may be allowed them: And provided also, That no allowance shall be made to Travelling exany person for travel or expenses in coming to the seat of government to settle his accounts, unless thereto required by the secretary of war: And provided also, That no No person to hold person shall hold more than one office at the same time under this act, nor shall any ce agent, sub-agent, interpreter or person employed under this act, receive his salary while absent from his agency or employment, without leave of the superintendent, or secre- Absence. tary of war: Provided, Such absence shall, at no one time, exceed sixty days. penses. more than one Ibid. 11. 12. The payment of all annuities or other sums stipulated by treaty to be made to any Indian tribe, shall be made to the chiefs of such tribe, (b) or to such person as said To whom annuitribe shall appoint; or if any tribe shall appropriate their annuities to the purpose of ties to be paid. education, or to any other specific use, then to such person or persons as such tribe shall desiguate. Ibid. 12. 13. It shall be lawful for the president of the United States, at the request of any Indian tribe to which any annuity shall be payable in money, to cause the same to be Payment in paid in goods, purchased as provided in the next section of this act. goods., Ibid. 13. 14. All merchandise required by any Indian treaty for the Indians, payable after making of such treaty, shall be purchased under the direction of the secretary of war, upon purchases of proposals to be received, to be based on notices previously to be given; and all merchan- merchandise. dise required at the making of any Indian treaty shall be purchased under the order of the commissioners, by such person as they shall appoint, or by such person as shall be designated by the president for that purpose. And all other purchases on account of the Indians, and all payments to them of money or goods, shall be made by such person as the president shall designate for that purpose. And the superintendent, agent or sub-agent, together with such military officer as the president may direct, shall be present, and certify to the delivery of all goods and money required to be paid or delivered to the Indians. And the duties required, by any section of this act, of military officers, Military officers shall be performed without any other compensation than their actual travelling expenses; (c) and all persons whatsoever, charged or trusted with the disbursement or application of money, goods or effects of any kind, for the benefit of the Indians, shall settle their accounts annually, at the war department, on the first day of October; and copies of the same shall be laid annually before congress at the commencement of the Settlement of ensuing session by the proper accounting officers; together with a list of the names of accounts. all persons to whom money, goods or effects had been delivered within said year, for the benefit of the Indians, specifying the amount and object for which it was intended, and showing who are delinquents, if any, in forwarding their accounts according to the provisions of this act; and also, a list of the names of all persons appointed or employed under this act, with the dates of their appointment or employment, and the salary and pay of each. to receive no extra compensa tion except travelling expenses. Ibid. 14. 15. No person employed in the Indian department shall have any interest or concern in any trade with the Indians, except for, and on account of, the United States; and any No person emperson offending herein, shall forfeit the sum of five thousand dollars, and upon satisfac- ployed in the de tory information of such offence being laid before the president of the United States, it trade with the shall become his duty to remove such person from the office or situation he may hold. partment to Indians. Ibid. 15. Certain Indians 16. The president shall be, and he is hereby, authorized to cause any of the friendly Indians west of the Mississippi river, and north of the boundary of the Western territory, and the region upon Lake Superior and the head of the Mississippi, to be furnished may be furnished with useful domestic animals and implements of husbandry, and with goods, as he shall with goods, &c. think proper: Provided, That the whole amount of such presents shall not exceed the sum of five thousand dollars. Ibid. 18 When military 17. That the president be, and he is hereby, authorized to cause such rations as he shall judge proper, and as can be spared from the army provisions without injury to the service, to be issued, under such regulations as he shall think fit to establish, to Indians rations may be who may visit the military posts or agencies of the United States on the frontiers, or in dians. (a) The secretary is vested with a discretion which authorizes him to allow for such expenditures, not previously authorized, as he might have previously authorized. Such expenditures are not issued to In service. 4 Opin. 477. (b) See act 3 March 1847; infra, 25. 30 June 1834. their respective nations, and a special account of these issues shall be kept and rendered. Ibid. 17. President to prescribe regulations. 9 May 1836 1. 5 Stat. 27. 14 June 1836 3 Stat. 47. 5. intendent may be 18. The president of the United States shall be, and he is hereby, authorized to prescribe such rules and regulations as he may think fit, for carrying into effect the various provisions of this act, and of any other act relating to Indian affairs, and for the settlement of the accounts of the Indian department. 19. That the superintendent of Indian affairs south of the Missouri river be authorized to employ one clerk in his office, who shall receive a compensation of one thousand dollars. 20. It shall be competent to the president to assign to the Indian agent at Michilimackinac, in addition to his proper duties, the duties of superintendent of Indian Duties of super- affairs (a) for all that district of country heretofore constituting the territory of Michigan, assigned to agent and lying east of the line established as the eastern boundary of the territory of Wisat Michilimac- consin, by the act of congress of the 20th April 1836: Provided however, That no additional compensation or emolument shall be granted on account of the said duties; and the president may require the said agent to reside at such place as he may think fit, within the said district. kinac. No additional compensation. 3 March 1837 23. 5 Stat. 163. 21. The president may, and he is hereby authorized, to appoint, by and with the consent of the senate, three additional Indian agents, one for the Creek, one for the CheroThree additional kee tribe of Indians, and one for the tribes on the Upper Missouri; who shall execute agents. 5 Stat. 524. the same duties, possess the same powers, and receive the same pay and emoluments as those now authorized by law, execute, possess and receive; and that the salaries of said agents be paid out of any money in the treasury not otherwise appropriated.(b) 26 Aug. 1842 5. 22. The superintendent of Indian affairs at St. Louis be, and he hereby is, authorized to employ one clerk, at a compensation of twelve hundred dollars, in lieu of the two But one clerk at clerks authorized by the act of May 9th 1836; and so much of said last-mentioned act as authorizes the employment of two clerks is hereby repealed. St. Louis. 27 June 1846 1. 9 Stat. 20. be made until 23. No superintendent of Indian affairs, or Indian agent, or other disbursing officer in such service, shall have advanced to him, on Indian or public account, any money to be No advances to disbursed in future, until such superintendent, agent or officer in such service shall have settled his accounts of the preceding year, and satisfactorily shown that all balances in favor of the government, which may appear to be in his hands, are ready to be paid over on the order of the department. settlement of previous accounts. 8 March 1847 81. 9 Stat. 203. Ibid. 3. Annuities, &c., may be paid to heads of families, &c. 24. The limits of each superintendency, agency and sub-agency shall be established by the secretary of war, (c) either by tribes or geographical boundaries.(d) 25. That the 11th section of the "Act to provide for the better organization of the department of Indian affairs," approved June 30th 1834, (e) be, and the same is hereby, so amended as to provide that all annuities or other moneys, and all goods, stipulated by treaty to be paid or furnished to any Indian tribe, shall, at the discretion of the president or secretary of war, instead of being paid over to the chiefs, or to such persons as they shall designate, be divided and paid over to the heads of families and other individuals entitled to participate therein; or, with the consent of the tribe, be applied to such purposes as will best promote the happiness and prosperity of the members thereof, under such regulations as shall be prescribed by the secretary of war, not inconsistent with existing treaty stipulations. And no such annuities, or moneys or goods, shall be paid or distributed to the Indians while they are under the influence of any description of intoxicating liquor, nor while there are good and sufficient reasons for the officers or agents, whose duty it may be to make such payments or distribution, for believing that there is any species of intoxicating liquor within convenient reach of the Indians; nor until the chiefs and head men of the tribe shall have pledged themselves to use all their influence and to make all proper exertions to prevent the introduction and sale of such liquor in their country; and all executory contracts made and entered dians to be void. into by any Indian for the payment of money or goods, shall be deemed and held to be null and void, and of no binding effect whatsoever.(g) No such payments to be made to Indians in toxicated, &c. Executory contracts with In 5 June 1850 2. 26. That the president be authorized, by and with the advice and consent of the senate, 9 Stat. 437. to appoint a superintendent of Indian affairs for the territory of Oregon, who shall Superintendent receive an annual salary of twenty-five hundred dollars, and whose duty it shall be to to be appointed in Oregon. exercise a general superintendence over all the Indian tribes in Oregon, and to exercise and perform all the powers and duties assigned by law to other superintendents of Indian affairs. (h) act. 27. That so much of the act to establish the territorial government of Oregon, approved 5 June 1850 2 3. the 11th [14th] August 1848, (a) as requires the governor of said territory to perform the Governor not to duties of superintendent of Indian affairs, and authorizes him to receive a salary therefor, in addition to the salary allowed for his services as governor, be repealed; and that the governor of said territory shall hereafter receive an annual salary of three thousand His salary. dollars. Ibid. 24. 28. That the president be authorized, by and with the advice and consent of the senate, to appoint one or more Indian agents, not exceeding three, as he shall deem expedient, Agents in each of whom shall receive an annual salary of fifteen hundred dollars, give bond as Oregon. now required by law, and perform all the duties of agent to such tribe or tribes of Indians in the territory of Oregon, as shall be assigned to him by the superintendent to be appointed by the provisions of this act, under the direction of the president. 29. That the law regulating trade and intercourse with the Indian tribes east of the Ibid. 25. Rocky Mountains, or such provisions of the same as may be applicable, (b) be extended Intercourse law over the Indian tribes in the territory of Oregon. extended. 9 Stat. 519. 30. That the president be authorized to appoint, with the advice and consent of the 28 Sept. 1850 & 1. senate, not more than three agents for the Indian tribes within the state of California. Such agents shall perform the duties now prescribed by law to Indian agents, and shall Agents in Callreceive an annual compensation of three thousand dollars each. fornia. 9 Stat. 586. Three superin tendents east of the Rocky 31. From and after the 30th day of June next, all laws or parts of laws now in force, 27 Feb. 1851 ? 2. providing for the appointment or employment of superintendents of Indian affairs, of whatever character, for any of the Indian tribes east, of the Rocky Mountains, and north of New Mexico and Texas, shall be, and the same are hereby repealed; and that the president be and he is hereby authorized, by and with the advice and consent of the Mountains. senate, to appoint three superintendents of Indian affairs, for said Indians, who shall receive an annual salary each of two thousand dollars, and whose duty it shall be to exercise a general superintendence over such tribes of Indians, as the president of the United States, or the secretary of the department of the interior, may direct; and to execute and perform all the powers and duties now assigned by law to superintendents of Indian affairs: Provided, That the governor of Minnesota shall continue to be, ex officio, Governor of Minsuperintendent of Indian affairs for that territory, until the president shall otherwise not to condirect. tinue to act. Ibid. 23. 32. Hereafter all Indian treaties shall be negotiated by such officers and agents of the Indian department as the president of the United States may designate for that purpose; (c) Indian treaties. and no officer or agent so employed shall receive any additional compensation for such service.(d) Ibid. 4. Mountains. 33. In lieu of the twenty-three agents and sub-agents heretofore employed for the Indians east of the Rocky Mountains, and north of New Mexico and Texas, the presi- Agents east of dent be and he is hereby authorized, by and with the advice and consent of the senate, the Rocky to appoint eleven Indian agents, who shall each receive an annual salary of fifteen hundred dollars; and, also, six other agents, with an annual salary each of one thousand dollars, whose appointments shall take effect from and after the 30th day of June next; and the said agents shall execute and perform all the powers and duties now assigned by law to Indian agents. Ibid. 25. 34. That the president be authorized, by and with the advice and consent of the senate, to appoint four agents for the Indians in the territory of New Mexico, (e) and one agent In New Mexico for those in the territory of Utah;(g) who shall receive an annual salary each of fifteen and Utah. hundred and fifty dollars, and perform all the duties of agent to such Indians or tribes, as shall be assigned them by the superintendents of Indian affairs for these territories respectively, under. the direction of the president, or the secretary of the department of the interior. Ibid. 2 6. 35. The superintendents and agents to be appointed under the provisions of this act, before entering upon the duties of their respective offices, shall give bond, in such penal- Bonds. ties, and with such security, as the president or secretary of the interior may require; and Term of office. shall hold their offices respectively for the term of four years. Ibid. 27. 36. All the laws now in force, regulating trade and intercourse with the Indian tribes, or such provisions of the same as may be applicable, shall be and the same are hereby Intercourse act extended over the Indian tribes in the territories of New Mexico and Utah. 37. The salaries of interpreters lawfully employed in the service of the United States, Ibid. 8. (a) 9 Stat. 324. See tit. "Oregon," 2. (b) When questions arise as to the applicability, in Oregon, of a particular clause of the acts regulating intercourse with the Indians, the question depends on the subject, and is wholly independent of any reference to a supposed test of the convenience, or the supposed rights of the whites as against the Indians. 7 Opin. 293. (c) See 5 Opin. 305. extended. (d) The act 3 March 1803 ? 2, provided "that the compensation to be allowed to any commissioner. appointed, or who may be appointed, for negotiating such treaties, shall not exceed, exclusive of travelling expenses, the rate of $8 per day, during the actual service of such commissioner." 2 Stat. 228. (e) An additional Indian agent in New Mexico, by ct 3 March 1857 1. 11 Stat. 169. (9) One more, by act 3 March 1857. 11 Stat. 169. |