down the river Clinch to Hawkins's line; thence, along the same to a white oak, marked one mile Tree; thence, south, fifty-one degrees west, three hundred and twenty-eight chains, to a large ash tree on the bank of the river Tennessee, one mile below Southwest Point; thence, up the northeast margin of the river Tennessee, (not including islands,) to the Wild Cat Rock, below Tellico block house; thence, in a direct line, to the Militia Spring, near the Maryville road leading from Tellico; thence, from the said Spring, to the Chilhowee mountain, by a line so to be run as will leave all the farms on Nine Mile Creek to the northward and eastward of it, and to be continued along the Chilhowee mountain until it strikes Hawkins's line; thence, along the said line, to the great Iron Mountain; and from the top of which a line to be continued, in a southeastwardly course, to where the most southern branch of Little river crosses the divisional line to Tugaloo river; thence, along the South Carolina Indian boundary, to and over the Ocunna mountain, in a southwest course, to Tugaloo river; thence, in a direct line, to the top of Currahee mountain, where the Creek line passes it; thence, to the head or source of the main south branch of the Oconee river, called the Appalachee; thence, down the middle of the said main south branch and river Oconee, to its confluence with Oakmulgee, which forms the river Altamaha; thence, down the middle of the said Altamaha, to the old line on the said river; and thence, along the said old line, to the river St. Mary's: Provided always, That if the boundary line between Proviso; if the said Indian tribes and the United States, shall, at any time the boundary hereafter, be varied, by any treaty which shall be made between varied by the said Indian tribes and the United States, then all the pro- treaty, &c. the visions contained in this act shall be construed to apply to the this act to ap said line so to be varied, in the same manner as said provisions ply, &c. apply, by force of this act, to the boundary line herein before recited. line should be provisions of onment, for to hunt, &c. 2. That if any citizen of, or other person resident in, the 100 dolls. forUnited States, or either of the territorial districts of the United fest, or imprisStates, shall cross over, or go within, the said boundary line, to crossing the hunt, or in any wise destroy the game; or shall drive, or other- boundary line wise convey, any 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. dolls, or im Indian coun try south of 3. That if any such citizen, or other person, shall go into Forfeit of 50 any country which is allotted or secured, by treaty, as aforesaid, prisonment for to any of the Indian tribes south of the river Ohio, without a going into the passport first had and obtained from the governor of some one of the United States, or the officer of the troops of the United the river Ohio, States commanding at the nearest post on the frontiers, or such passport, 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. without &c. 4. That if any such citizen, or other person, shall go into 100 dolls. forany town, settlement, or territory, belonging, or secured, by sonment for feit and impri ny, &c. In ments, or for intentions, on &c. ty is taken, committing treaty with the United States, to any nation or tribe of Indians, nyc info and shall there commit robbery, larceny, trespass, or other crime, dian settle against the person or property of any friendly Indian or Indians, being found, which would be punishable, if committed within the jurisdiction with unautho- of any state against a citizen of the United States; or, unauthorized hostile rized by law, and with a hostile intention, shall be found on any Indian lands, Indian land, such offender shall forfeit a sum not exceeding one hundred dollars, and be imprisoned not exceeding twelve months; When proper- and shall also, when property is taken or destroyed, forfeit and &c. the offen- pay, to such Indian or Indians, to whom the property taken and der forfeits, destroyed belongs, a sum equal to twice the just value of the The just value property so taken or destroyed: and if such offender shall be of property to unable to pay a sum at least equal to the said just value, whattaken, &c. be paid out of ever such payment shall fall short of the said just value shall be the treasury, paid out of the treasury of the United States: Provided, nevertheless, That no such Indian shall be entitled to any payment out of the treasury of the United States, for any such property taken or 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. &c. Proviso; no payment, &c. if the suffer ing party has revenge, &c. ing settle forfeit, not ex fer imprison Persons mak- 5. That if any such citizen or other person, shall make a ments on In- settlement on any lands belonging, or secured, or granted, by dian lands, &c. treaty with the United States, to any Indian tribe, or shall surceeding 1,000 vey, or attempt to survey, such lands, or designate any of the der and suf- boundaries, by marking trees, or otherwise, such offender shall ment. forfeit a sum not exceeding one thousand dollars, and suffer imThe president prisonment, not exceeding twelve months. And it shall, moremay employ the military over, be lawful for the president of the United States to take force, to re- such measures, and to employ such military force, as he may move persons making settle- judge necessary, to remove from lands, belonging, or secured by ments on In- 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. dian lands, &c. Death, for go ing into Indian 6. That if any such citizen, or other person, shall go into settlements any town, settlement, or territory, belonging to any nation or and commit- tribe of Indians, and shall there commit murder, by killing any ting murder, Indian or Indians, belonging to any nation or tribe of Indians in amity with the United States, such offender, on being thereof convicted, shall suffer death. &c. lowed to re out license, No person al- $7. That no such citizen, or other person, shall be permitted side at Indian to reside at any of the towns, or hunting camps, of any of the towns, &c. as Indian tribes, as a trader, without a license under the hand and traders, with seal of the superintendent of the department, or of such other &c. person as the president of the United States shall authorize to Superintend ent, &c. to is- grant licenses for that purpose: which superintendent, or person sue license, for authorized, shall, on application, issue such license, for a term not exceeding two years, to such trader, who shall enter into bond, with one or more sureties, approved of by the superintendent, or person issuing such license, or by the president of the United States, in the penal sum of one thousand dollars, condi-` tioned for the true and faithful observance of such regulations and restrictions as are, or shall be, made for the government of trade and intercourse with the Indian tribes: And the superin a term not ex ceeding two years, &c. Bond, &c. in case of li cense. Condition of the bond. ing licenses may recall Bonds, on tendent, or person issuing such license, shall have full power and Persons issuauthority to recall the same, if the person so licensed shall transgress any of the regulations or restrictions provided for the go- them, &c. vernment of trade and intercourse with the Indian tribes; and breach of conshall put in suit such bonds as he may have taken, on the breach dition, to be of any condition therein contained. put in suit. merchandise, S. That any such citizen, or other person, who shall attempt Forfeiture of to reside in any town or hunting camp, of any of the Indian fine, and imtribes, as a trader, without such license, shall forfeit all the mer- prisonment, for trading chandise offered for sale to the Indians, or found in his posses- without lision, and shall, moreover, be liable to a fine, not exceeding one cense, &c. hundred dollars, and to imprisonment, not exceeding thirty feit, &c. for guns, instru days. 9. That if any such citizen, or other person, shall purchase, 60 dolls. foror receive, of any Indian, in the way of trade or barter, a gun, purchasing or or other article commonly used in hunting, any instrument of receiving husbandry, or cooking utensil, of the kind usually obtained by ments of husthe Indians, in their intercourse with white people, or any arti- bandry, &c. cle of clothing, excepting skins or furs, he shall forfeit a sum not except, &c. exceeding fifty dollars, and be imprisoned not exceeding thirty days. from Indians; permitted to dians, &c. &c. &c. to horses, &c. turn, before 10. That no such citizen, or other person, shall be permit- No person ted to purchase any horse of an Indian, or of any white man in purchase the Indian territory, without special license for that purpose; horses of Inwhich license the superintendent, or such other person as the without spepresident shall appoint, is hereby authorized to grant, on the cial license, same terms, conditions, and restrictions, as other licenses are to Superintendbe granted under this act: and any such person, who shall ent, pur- grant licenses chase a horse or horses, under such license, before he exposes for purchasing such horse or horses for sale, and within fifteen days after they have been brought out of the Indian country, shall make a par- Particular reticular return to the superintendent, or other person, from whom sale, of horses he obtained his license, of every horse purchased by him, as brought out of aforesaid; describing such horses, by their color, height, and country, &c. 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 purchasing special license, shall, for every horse thus purchased, and horses in the brought into any settlement of citizens of the United States, for- without li feit a sum not exceeding one hundred dollars, and be imprison- cense, &c. Forfeit, &c. ed not exceeding thirty days. And every person who shall pur- for purchas chase a horse, knowing him to be brought out of the Indian ter- ing horses brought, &c. ritory, by any person or persons not licensed, as above, to pur- without li chase the same, shall forfeit the value of such horse. the Indian 100 dolls. forfeit, &c. for Indian country cense, &c. granting li rest in Indian § 11. That no agent, superintendent, or other person, autho- Persons rized to grant a license to trade, or purchase horses, shall have censes to any interest or concern in any trade with the Indians, or in the have no intepurchase or sale of any horse to, or from, any Indian, excepting trade, &c. exfor and on account of the United States: And any person offend- cept, &c. ing herein, shall forfeit a sum not exceeding one thousand dollars, and be imprisoned not exceeding twelve months. or grant of In 12. That no purchase, grant, lease, or other conveyance, of No purchase lands, or of any title or claim thereto, from any Indian, or na- dian lands vaVOL. II. 86 lid, unless ty, pursuant to the consti tution, &c. made by trea- tion, or tribe of Indians, within the bounds of the United States, shall be of any validity, in law or equity, unless the same be made by treaty or convention, entered into pursuant to the constitution; And it shall be a misdemeanor in 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 purFine and im- chase of any lands by them held or claimed, punishable by fine, prisonment for not exceeding one thousand dollars, and imprisonment, not exIndians with- ceeding twelve months: Provided, nevertheless, That it shall be out authority, lawful for the agent or agents of any state, who be present may Proviso; the at any treaty held with Indians under the authority of the United States, in the presence, and with the approbation, of the comadjust Indian missioner 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. treating with &c. agents of a state, &c. may claims. 1 The president may furnish useful animals, &c. § 13. That 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 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, of presents, and allowance to such agents, shall not exceed fifteen thousand &c. to agents, dollars per annum. Proviso ; whole amount not to exceed, &c. ans cross the or territories, superinten is to make the tribe to which the of 14. That if any Indian or Indians, belonging to any tribe in In case Indi- amity with the United States, shall come over or cross the said boundary line boundary line, into any state or territory inhabited by citizens of into the states the United States, and there take, steal, or destroy, any horse, and steal pro- horses, or other property, belonging to any citizen or inhabitant perty, &c. the of the United States, or of either of the territorial districts of the injured party to apply to the United States, or shall commit any murder, violence, or outrage, dent, &c. who upon any such citizen or inhabitant, it shall be the duty of such citizen or inhabitant, his representative, attorney, or agent, to application 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 make satisfac- tribe to which such Indian or Indians shall belong, for satisfaction, the su- tion; and if such nation or tribe shall neglect or refuse to make perintendent to report pro- satisfaction in a reasonable time, not exceeding twelve months, ceedings, &c. 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 docuThe U. States ments and proofs in the case, that such further steps may be guaranty in- taken as shall be proper to obtain satisfaction for the injury: demnification, and in the mean time, in respect to the property so taken, stolen, Proviso; the or destroyed, the United States guaranty to the party injured an injured party eventual indemnification: Provided always, That if such injured claim party, his representative, attorney, or agent, shall, in any way, tribe refuses or neglects to dent, &c. &c. forfeits all cation if he violate any of the provisions of this act, by seeking, or attempt to indemnifiing to obtain, private satisfaction or revenge, by crossing over seeks revenge, the line, on any of the Indian lands, he shall forfeit all claim &c. upon the United States for such indemnification: And provided, Proviso; noalso, That nothing herein contained shall prevent the legal ap- to prevent the thing herein prehension or arresting, within the limits of any state or district, legal appreof any Indian having so offended : And provided further, That it hension, &c. shall be lawful for the president of the United States to deduct Indians. such sum or sums, as shall be paid for the property taken, stolen, president may or destroyed, by any such Indian, out of the annual stipend deduct for stowhich the United States are bound to pay to the tribe to which such Indian shall belong. of offending Proviso; the len property out of the annual stipend, &c. eourts, &c. hear and de against this where the territorial the punish of territorial $ 15. That the superior courts in each of the said territorial Superior districts, and the circuit courts, and other courts of the United territorial States of similar jurisdiction in criminal causes, in each district of invested with the United States, in which any offender against this act shall be full power to apprehended, or, agreeably to the provisions of this act, shall be termine offenbrought for trial, shall have, and are hereby invested with, full ces, &c. power and authority to hear and determine all crimes, offences, act, &c. 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 In cases not be death, the county courts of quarter sessions in the said punishment is territorial districts, and the district courts of the United States, not death, the in their respective districts, shall have, and are hereby invested county courts, with, like power to hear and determine the same, any law to the &c. contrary notwithstanding: And in all cases where the punish- In cases where ment shall be death, it shall be lawful for the governor of either ment is death, of the territorial districts where the offender shall be apprehend- the governors ed, or into which he shall be brought for trial, to issue a com- districts, &c. mission of oyer and terminer to the superior judges of such dis- may issue a trict, who shall have full power and authority to hear and deter- oyer and termine all such capital cases, in the same manner as the superior courts of such districts have in their ordinary sessions. And When the when the offender shall be apprehended or brought for trial into brought for triany of the United States, except Kentucky or Tennessee, it shall al into any of be lawful for the president of the United States to issue a like States, the commission to any one or more judges of the supreme court of president may the United States, and the judge of the district in which such mission, &c. offender may have been apprehended, or shall have been brought except, &c. 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 dis- The district trict courts of Kentucky, Tennessee, and Maine, shall have ju- Kentucky, risdiction of all crimes, offences, and misdemeanors, committed Tennessee, against this act, and shall proceed to trial and judgment in the have jurisdicsame manner as the circuit courts of the United States. commission of miner, &c. offender is the United Issue a com courts of and Maine, to tion, &c. The military sons found in 16. That it shall be lawful for the military force of the force may apUnited States to apprehend every person who shall or may be prehend perfound in the Indian country, over and beyond the said boundary the Indian line between the United States and the said Indian tribes, in country, beyond the |