77. All penalties which shall accrue under this act, shall be sued for and recovered in 30 June 1834 3 27. an action of debt, in the name of the United States, before any court having jurisdiction How penalties of the same, (in any state or territory in which the defendant shall be arrested or found), recoverable. the one half to the use of the informer, and the other half to the use of the United States, except when the prosecution shall be first instituted on behalf of the United States, in which case the whole shall be to their use. Ibid 28 73. When goods or other property shall be seized for any violation of this act, it shall be lawful for the person prosecuting on behalf of the United States to proceed against Proceedings such goods, or other property, in the manner directed to be observed in the case of goods, against property wares or merchandise brought into the United States in violation of the revenue laws. seized. Certain acts re 79. The following acts and parts of acts shall be, and the same are hereby, repealed, Ibid. 29. namely: [Acts 13 May 1800, 2 Stat. 85; 30 March 1802, Ibid. 139; 29 April 1816, 3 Ibid. 332;3 March 1817, Ibid. 383; 16 April 1818 ? 1 and 2, Ibid. 428; 20 April 1818, Ibid. 461; pealed. 2 February 1819, Ibid. 487; 3 March 1819 % 8, Ibid. 519; 3 March 1819 % 2, Ibid. 514; 6 May 1822, Ibid. 682; 18 May 1824, 4 Ibid. 25; 25 May 1824, Ibid. 35; 20 May 1826, Ibid. 185; 25 February 1831, Ibid. 445.] Provided however, That such repeal shall not Act of 1802 to reaffect any rights acquired, or punishments, penalties or forfeitures incurred, under either east of the Misof the acts or parts of acts; nor impair or affect the intercourse act of 1802, so far as the sissippi. same relates to or concerns Indian tribes residing east of the Mississippi: And provided also, That such repeal shall not be construed to revive any acts or parts of acts repealed by either of the acts or sections herein described. main in force 5 Stat. 680. Jurisdiction of district court of 80. That the courts of the United States, in and for the district of Arkansas, be, and 17 June 1844 8 L. they hereby are, vested with the same power and jurisdiction, to hear, try, determine and punish all crimes committed within that Indian country designated in the 24th section of the act to which this is a supplement, and therein and thereby annexed to the Arkansas territory of Arkansas, as were vested in the courts of the United States for said territory before the same became a state. And that for the sole purpose of carrying this act into effect, all that Indian country heretofore annexed by the said 24th section of the act aforesaid to the territory of Arkansas, be and the same hereby is annexed to the state of Arkansas.(a) 9 Stat. 203. introducing Indian country. 81. That the 20th section of the "Act to regulate trade and intercourse with the 3 March 1847 & 2 Indian tribes, and to preserve peace on the frontiers," approved June 30th 1834, be, and the same is hereby, so amended, that, in addition to the fines thereby imposed, Punishment for any person who shall sell, exchange or barter, give or dispose of, any spirituous liquors into the liquor or wine to an Indian, in the Indian country, or who shall introduce, or attempt to introduce, any spirituous liquor or wine into the Indian country, except such supplies as may be necessary for the officers of the United States and the troops of the service, under the direction of the war department, such person, on conviction thereof before the proper district court of the United States, shall in the former case be subject to imprisonment for a period not exceeding two years, and in the latter case not exceeding one year, as shall be prescribed by the court, according to the extent and criminality of the offence. And in all prosecutions arising under this section, and under the 20th Indians to be section of the act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers, approved June 30th 1834, to which this is an amendment, Indians shall be competent witnesses. witnesses. 10 Stat. 270 Columbia not to tended. 82. Nothing contained in the 25th section of an act entitled "An act to regulate 27 March 1954, 4. intercourse with the Indian tribes, and preserve peace on the frontiers," approved 30th of June 1834, shall be construed to extend or apply to said Indian country any of the Laws relating to laws enacted for the District of Columbia; and that nothing contained in the 20th section the District of of the said act, which provides for the punishment of offences therein specified, shall be be deemed exconstrued to extend to any Indian committing said offences in the Indian country, or to any Indian committing any offence in the Indian country who has been punished by the Acts for punishlocal law of the tribe, or in any case where, by treaty stipulations, the exclusive juris- ment of crimes diction over such offences may now or hereafter be secured to said Indian tribes, respect- Indians, in cer ively; and anything in said act inconsistent with this act be, and the same is hereby, repealed. not to extend to tain cases. Ibid. 4. 83. Any white person who shall hereafter set fire, or attempt to set fire, to any house, out-house, cabin, stable or other building in said Indian country, to whomsoever belong- Punishment for ing; and any Indian who shall set fire to any house, out-house, cabin, stable or other arson in the Inbuilding in said Indian country, belonging to or in lawful possession of a white person, dian country. or misdemeanors, which may be committed against the laws of the United States, in any town. settlement or territory belonging to any Indian tribe in amity with the United States, of which any other district court of the United States may have Jurisdiction." 5 Stat. 147. (a) This act was rendered necessary by the decision in United or by any subsequent acts of congress, concerning crimes, offences States v. Alberty, Hemp. 444. And see United States v. Dawson, 15 How. 467. It had been previously enacted by act 1 March 1837, "That the district court of the United States for the district of Arkansas shall have the same jurisdiction and power in all respects whatever that was given to the several district courts of the United States by an act of congress approved March 30th 1802, 27 March 1854. in whole or in part, and whether the same be consumed or not; shall be deemed guilty Ibid. 25. Of assault with intent to kill. Ibid 26. Execution of of a felony, and shall be punished by confinement and imprisonment, with hard labor. for not more than twenty-one nor less than two years. 84. Any white person who shall make an assault upon an Indian, or other person, or any Indian who shall make an assault upon a white person, within said Indian country, with a gun, rifle, sword, pistol, knife or any other deadly weapon, with intent to kill or maim the person so assaulted, (a) shall be deemed guilty of a felony, and shall, on conviction, be punished with confinement and imprisonment, with hard labor, for not more than five years, nor less than one year. 85. In all criminal cases, upon indictment, for offences committed in said Indian country, prior to the creation of said western district of Arkansas, now pending in the criminal process. circuit court of the United States for the eastern district of Arkansas, process for witnesses residing or to be found in said western district, may issue to the marshal of said eastern district, and be executed by him in any part of said western district; and that the fees of all witnesses so summoned shall be paid by the United States. 31 July 1854 22. 10 Stat. 331. Payment of claims. 10 Stat. 700. 86. No existing provisions of law, prescribing the manner in which payment shall be made to Indians, shall be so construed as to repeal or contravene the 17th section of an act entitled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers," approved June 30th 1834; or to prohibit the payment of any claim or claims (other than those of agents or attorneys for claims) for bonâ fide services rendered within or upon any Indian territory, to any Indian tribe for medical or manual services, or in cases of humanity, where the president may adjudge such service necessary and the claims therefore just and reasonable. 3 March 1855 8. 87. That the laws of the United States punishing the crimes of forgery, or of depredations upon the mails of the United States, be, and the same are hereby, extended to, and declared to be in full force in the Indian country. 30 March 180221. 2 Stat. 141. To extend to Indian country in case of variation of boundary Ibid. ? 2. 88. If any person who has been removed from the Indian country under the provisions of the 10th section of the act of congress, approved the 30th of June 1834, entitled “ An act to regulate trade and intercourse with the Indian tribes, and preserve peace on the frontiers," shall thereafter at any time return or be found within the Indian territory, such offender shall forfeit and pay the sum of one thousand dollars. IV. INTERCOURSE ACT OF 1802.(b) 89. If the boundary line between the said Indian tribes and the United States shall, at any time hereafter, be varied by any treaty which shall be made between the said Indian tribes and the United States, then all the provisions contained in this act shall be construed to apply to the said line so to be varied in the same manner as said provisions apply by force of this act, to the boundary line herein before recited. 90. If any citizen of, or other person resident in the United States, or either of the territorial districts of the United States, shall cross over or go within the said boundary ing or ranging line, to hunt, or in any wise destroy the game; or shall drive, or otherwise convey any Penalty for hunt cattle on Indian lands. Ibid. 23. country without a passport. stock of horses or cattle to range on any lands allotted or secured by treaty with the United States, to any Indian tribes; he shall forfeit a sum not exceeding one hundred dollars, or be imprisoned not exceeding six months. 91. If any such citizen, or other person, shall go into any country which is allotted or Penalty for enter- secured by treaty as aforesaid, to any of the Indian tribes south of the river Ohio, withing the Indian out a passport first had and obtained from the governor of some one of the United States, or the officer of the troops of the United States, commanding at the nearest post on the frontiers, or such other person as the president of the United States may, from time to time, authorize to grant the same, shall forfeit a sum not exceeding fifty dollars, or be imprisoned not exceeding three months. Ibid. 24. Punishment of crimes therein. 92. If any such citizen, or other person, shall go into any town, settlement or territory, belonging, or secured by treaty with the United States, to any nation or tribe of Indians, and shall there commit robbery, larceny, trespass or any other crime, against the person or property of any friendly Indian or Indians, which would be punishable, if committed within the jurisdiction of any state, against a citizen of the United States; or, unauthorized by law, and with a hostile intention, shall be found on any Indian land; such offender shall forfeit a sum not exceeding one hundred dollars, and be imprisoned Compensation for not exceeding twelve months; and shall also, when property is taken or destroyed, forproperty injured. feit and pay to such Indian or Indians, to whom the property taken and destroyed be longs, a sum equal to twice the just value of the property so taken or destroyed: and if such offender shall be unable to pay a sum at least equal to the said just value, whatever such payment shall fall short of the said just value, shall be paid out of the trea sury of the United States: Provided nevertheless, That no such Indian shall be entitled (a) See United States v. Terrel. Hemp. 422. that this act shall remain in force so far as it relates to or con b) It is expressly provided by act 30 June 1834 § 29, (supra, 79), cerns the Indian tribes residing east of the Mississippi. to any payment out of the treasury of the United States, for any such property taken or 30 March 1802. destroyed, if he, or any of the nation to which he belongs shall have sought private revenge, or attempted to obtain satisfaction by any force or violence. Punishment for dian lands. 93. If any such citizen, or other person, shall make a settlement on any lands belong- Ibid. 2 5. ing, or secured, or granted by treaty with the United States, to any Indian tribe, or shall survey, or attempt to survey such lands, or designate any of the boundaries by settling on Inmarking trees, or otherwise, such offender shall forfeit a sum not exceeding one thousand dollars, and suffer imprisonment not exceeding twelve months. And it shall, moreover, Removal of be lawful for the president of the United States to take such measures, and to employ such military force as he may judge necessary, to remove from lands, belonging or secured by treaty as aforesaid, to any Indian tribe, any such citizen or other person, who has made, or shall hereafter make, or attempt to make, a settlement thereon. intruders. Ibid. 26. 94. If any such citizen, or other person, shall go into any town, settlement or territory belonging to any nation or tribe of Indians, and shall there commit murder, by killing Murder of Inany Indian or Indians, belonging to any nation or tribe of Indians in amity with the dians, punishUnited States, such offender, on being thereof convicted, shall suffer death. able with death. Ibid. 28. Punishment for 95. Any such citizen or other person, who shall attempt to reside in any town or hunting camp of any of the Indian tribes as a trader, without such license, shall forfeit all the merchandise offered for sale to the Indians, or found in his possession, and shall, trading without moreover, be liable to a fine not exceeding one hundred dollars, and to imprisonment not exceeding thirty days. license. Ibid. 29. except for skins 96. If any such citizen, or other person, shall purchase or receive of any Indian in the way of trade or barter, a gun, or other article commonly used in hunting, any instru- For bartering ment of husbandry or cooking utensil, of the kind usually obtained by the Indians in with Indians, their intercourse with white people, or any article of clothing, excepting skins or furs, and furs. he shall forfeit a sum not exceeding fifty dollars, and be imprisoned not exceeding thirty days. Ibid. 10. 97. No such citizen, or other person, shall be permitted to purchase any horse of an Indian, or of any white man in the Indian territory, without special license for that pur- For buying or pose; which license, the superintendent, or such other person as the president shall ap- selling horses without special point, is hereby authorized to grant on the same terms, conditions and restrictions, as license, &c. other licenses are to be granted under this act; and any such person, who shall purchase a horse or horses under such license, before he exposes such horse or horses for sale, and within fifteen days after they have been brought out of the Indian country, shall make a particular return to the superintendent, or other person from whom he obtained his license, of every horse purchased by him as aforesaid; describing such horses by their color, height and other natural or artificial marks, under the penalty contained in their respective bonds. And every such person purchasing a horse or horses as aforesaid, in the Indian country, without a special license, shall for every horse thus purchased and brought into any settlement of citizens of the United States, forfeit a sum not ex ceeding one hundred dollars, and be imprisoned not exceeding thirty days. And every person who shall purchase a horse, knowing him to be brought out of the Indian territory, by any person or persons not licensed as above to purchase the same, shall forfeit the value of such horse. Ibid. 11. Public agents not 98. No agent, superintendent or other person authorized to grant a license to trade, or purchase horses, shall have any interest or concern in any trade with the Indians, or in the purchase or sale of any horse to or from any Indian, excepting for and on account to trade with of the United States; and any person offending herein, shall forfeit a sum not exceeding one thousand dollars, and be imprisoned not exceeding twelve months. Indians. lands from In 99. No purchase, grant, lease or other conveyance of lands, or of any title or claim Ibid. ? 12. thereto, from any Indian, or nation or tribe of Indians, within the bounds of the United Purchases of States, shall be of any validity, in law or equity, unless the same be made by treaty or dians to be vold, convention, entered into pursuant to the constitution; and it shall be a misdemeanor in &c. any person, not employed under the authority of the United States, to negotiate such treaty or convention, directly or indirectly, to treat with any such Indian nation, or tribe of Indians, for the title or purchase of any lands by them held or claimed, punishable by fine not exceeding one thousand dollars, and imprisonment not exceeding twelve months: Provided nevertheless, That it shall be lawful for the agent or agents of any state, who may be present at any treaty held with Indians under the authority of the United States, in the presence, and with the approbation of the commissioner or commissioners of the United States, appointed to hold the same, to propose to, and adjust with the Indians, the compensation to be made, for their claims to lands within such state, which shall be extinguished by the treaty. 100. In order to promote civilization among the friendly Indian tribes, and to secure the continuance of their friendship, it shall be lawful for the president of the United Ibid. § 13. Indian tribes 30 March 1802. States to cause them to be furnished with useful domestic animals, and implements of husbandry, and with goods or money, as he shall judge proper, and to appoint such persons, from time to time, as temporary agents, to reside among the Indians, as he shall think fit: Provided, That the whole amount of such presents, and allowance to such agents, shall not exceed fifteen thousand dollars per annum. may be furnished with goods, &c. Ibid. 14. passes by Indians, how redressed. 101. If any Indian or Indians, belonging to any tribe in amity with the United States, Crimes and tres- shall come over or cross the said boundary line, into any state or territory inhabited by citizens of the United States, and there take, steal or destroy any horse, horses or other property, belonging to any citizen or inhabitant of the United States, or of either of the territorial districts of the United States, or shall commit any murder, violence or outrage upon any such citizen <r inhabitant, it shall be the duty of such citizen or inhabitant, his representative, attorney or agent, to make application to the superintendent, or such other person as the president of the United States shall authorize for that purpose; who, upon being furnished with the necessary documents and proofs, shall, under the direction or instruction of the president of the United States, make application to the nation or tribe to which such Indian or Indians shall belong, for satisfaction; and if such nation or tribe shall neglect or refuse to make satisfaction, in a reasonable time, not exceeding twelve months, then it shall be the duty of such superintendent or other person authorized as aforesaid, to make return of his doings to the president of the United States, and forward to him all the documents and proofs in the case, that such further steps may be taken, as shall be proper to obtain satisfaction for the injury; and in the mean time, in respect to the property so taken, stolen or destroyed, the United States guaranty to the party injured, an eventual indemnification: Provided always, That if such injured party, his representative, attorney or agent, shall, in any way, violate any of the provisions of this act, by seeking, or attempting to obtain private satisfaction or revenge, by crossing over the line, on any of the Indian lands, he shall forfeit all claim upon the United States for such indemnification: And provided also, That nothing herein contained shall prevent the legal apprehension or arresting, within the limits of any state or district, of any Indian having so offended: And provided further, That it shall be lawful for the president of the United States to deduct such sum or sums, as shall be paid for the property taken, stolen or destroyed by any such Indian, out of the annual stipend which the United States are bound to pay to the tribe to which such Indian shall belong. No indemnity if private revenge be sought. Ibid. 15. Jurisdiction of the federal courts. Ibid. 16. 102. The superior courts in each of the said territorial districts, and the circuit courts and other courts of the United States of similar jurisdiction in criminal causes, in each district of the United States, in which any offender against this act shall be apprehended, or, agreeably to the provisions of this act, shall be brought for trial, shall have, and are hereby invested with full power and authority to hear and determine all crimes, offences and misdemeanors against this act; such courts proceeding therein in the same manner as if such crimes, offences and misdemeanors had been committed within the bounds of their respective districts: and in all cases where the punishment shall not be death the county courts of quarter sessions in the said territorial districts, and the district courts of the United States, in their respective districts, shall have and are hereby invested with like power to hear and determine the same, any law to the contrary notwithstanding; and in all cases where the punishment shall be death, it shall be lawful for the governor of either of the territorial districts where the offender shall be apprehended, or into which he shall be brought for trial, to issue a commission of oyer and terminer to the superior judges of such district, who shall have full power and authority to hear and determine all such capital cases in the same manner as the superior courts of such districts have in their ordinary sessions; and when the offender shall be apprehended or brought for trial into any of the United States, except Kentucky or Tennessee, it shall be lawful for the president of the United States to issue a like commission to any one or more judges of the supreme court of the United States, and the judge of the district in which such offender may have been apprehended or shall have been brought for trial; which judges, or any two of them, shall have the same jurisdiction in such capital cases, as the circuit court of such district, and shall proceed to trial and judgment in the same manner as such circuit court might or could do. And the district courts of Kentucky, Tennessee and Maine shall have jurisdiction of all crimes, offences and misdemeanors committed against this act, and shall proceed to trial and judgment in the same manner as the circuit courts of the United States. 103. It shall be lawful for the military force of the United States to apprehend every Offenders may be person who shall or may be found in the Indian country over and beyond the said apprehended for boundary line between the United States and the said Indian tribes, in violation of any of the provisions or regulations of this act, and him or them immediately to convey, in the nearest convenient and safe route, to the civil authority of the United States, in some one of the three next adjoining states or districts, to be proceeded against in due trial. course of law: Provided, That no person, apprehended by military force as aforesaid, 30 March 1802. shall be detained longer than five days after the arrest, and before removal. And all officers and soldiers who may have any such person or persons in custody shall treat them with all the humanity which the circumstances will possibly permit; and every officer and soldier who shall be guilty of maltreating any such person, while in custody, shall suffer such punishment as a court martial shall direct: Provided, That the officer having custody of such person or persons shall, if required by such person or persons, conduct him or them to the nearest judge of the supreme or superior court of any state; who, if the offence is bailable, shall take proper bail if offered, returnable to the district court next to be holden in said district, which bail the said judge is hereby authorized to take, and which shall be liable to be estreated as any other recognisance for bail in any court of the United States; and if said judge shall refuse to act, or the person or persons fail to procure satisfactory bail, then the said person or persons are to be proceeded with according to the directions of this act. Ibid. 17. Punishment of 104. If any person, who shall be charged with a violation of any of the provisions or regulations of this act, shall be found within any of the United States or either of the territorial districts of the United States, such offender may be there apprehended and such offender. if found within any brought to trial in the same manner as if such crime or offence had been committed of the states or within such state or district; and it shall be the duty of the military force of the United territories. 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 authorized as aforesaid in arresting such offender, and him committing to safe custody for trial according to law. the court. 105. The amount of fines and duration of imprisonment directed by this act as a Ibid. 18. punishment for the violation of any of the provisions thereof, shall be ascertained and Punishments in fixed, not exceeding the limits prescribed, in the discretion of the court before whom the the discretion of trial shall be had; and all fines and forfeitures, which shall accrue under this act, shall be one half to the use of the informant and the other half to the use of the United States; How fines and forfeitures reexcept where the prosecution shall be first instituted on behalf of the United States, coverable. in which case the whole shall be to their use. cepted from this 106. Nothing in this act shall be construed to prevent any trade or intercourse with Ibid. 19. Indians living on lands surrounded by settlements of the citizens of the United States, What trade with and being within the ordinary jurisdiction of any of the individual states; or the unmo- Indians to be exlested use of a road from Washington district to Mero district, or to prevent the citizens act. of Tennessee from keeping in repair the said road, under the direction or orders of the governor of said state, and of the navigation of the Tennessee river as reserved and secured by treaty; nor shall this act be construed to prevent any person or persons travelling from Knoxville to Price's settlement, or to the settlement on Obed's River, (so called), provided they shall travel in the trace or path which is usually travelled, and provided the Indians make no objection; but if the Indians object, the president of the United States is hereby authorized to issue a proclamation, prohibiting all travelling on said traces, or cither of them, as the case may be, after which, the penalties of this act shall be incurred by every person travelling or being found on said traces, or either of them, to which the prohibition may apply, within the Indian boundary, without a passport. Ibid. 20. 107. That the president of the United States be, and he is hereby authorized to cause to be clearly ascertained and distinctly marked in all such places as he shall deem neces- Boundaries to t sary, and in such manner as he shall direct, any other boundary lines, between the marked. United States and any Indian tribe, which now are or hereafter may be established by treaty. 108. That the president of the United States be authorized to take such measures, Ibid. 21. from time to time, as to him may appear expedient to prevent or restrain the vending or Powers of the distributing of spirituous liquors among all or any of the said Indian tribes, anything president to reherein contained to the contrary thereof notwithstanding. V. INDIAN LANDS. strain sale of liquors. 4 Stat. 411. to be laid off, 2 109. It shall and may be lawful for the president of the United States to cause so 28 May 1830 ? L. much of any territory belonging to the United States, west of the river Mississippi, not included in any state or organized territory, and to which the Indian title has been Indian districts extinguished, as he may judge necessary, to be divided into a suitable number of dis- west of the Mississippi. tricts, for the reception of such tribes or nations of Indians as may choose to exchange the lands where they now reside, and remove there; and to cause each of said districts to be so described by natural or artificial marks, as to be easily distinguished from every other. 110. It shall and may be lawful for the president to cause such tribe or nation to be protected, at their new residence, against all interruption or disturbance from any other Protection of tribe or nation of Indians, or from any other person or persons whatever. Ibid. 8 6. Indians. |