of Missouri, shall be, and hereby is, annexed to the territory of Arkansas; and that for the purpose aforesaid, the residue of the Indian country west of the said Mississippi river shall be, and hereby is, annexed to the judicial district of Missouri; and for the purpose aforesaid, the several portions of Indian country east of the said Mississippi river, shall be, and are hereby, severally annexed to the territory in which they are situate.(1) 1091. So much of the laws of the United States as provides for the punishment of crimes committed within any place within the sole and exclusive jurisdiction of the United States, shall be in force in the Indian country: Provided, The same shall not extend to crimes committed by one Indian against the person or property of another Indian.(2) 1092. 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 territories, such offenders may be there apprehended, and transported to the territory or judicial district having jurisdiction of the same.(3) 1093. All penalties which shall accrue under this act, shall be sued for and recovered in an action of debt, in the name of the United States, before any court having jurisdiction of the same, (in any state or territory in which the defendant shall be arrested or found,) 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.(4) 1094. 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 such goods, or other property, in the manner directed to be observed in the case of goods, wares, or merchandise brought into the United States in violation of the revenue laws.(5) 1095. The following acts and parts of acts shall be, and the same are hereby, repealed, namely: An act to make provision relative to rations for Indians, and to their visits to the seat of government, approved May thirteen, eighteen hundred; and an act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers, approved March thirty, eighteen hundred and two; an act supplementary to the act passed thirtieth March, eighteen hundred and two, to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers, approved April twentynine, eighteen hundred and sixteen; an act for the punishment of crimes and offences committed within the Indian boundaries, approved March three, eighteen hundred and seventeen; the first and second sections of the act directing the manner of appointing Indian agents, and continuing the "Act establishing trading houses with the Indian tribes," approved April sixteen, eighteen hundred and eighteen; an act fixing the compensation of Indian agents and factors, approved April twenty, eighteen hundred and eighteen; an act supplementary to the act entitled "An act to provide for the prompt settlement of public accounts," approved February twenty-four, eighteen hundred and nineteen; the eighth section of the act making appropriations to carry into effect treaties concluded with several Indian tribes therein mentioned, approved March three, eighteen hundred and nineteen; the second section of the act to continue in force for a further time the act entitled "An act for establishing trading houses with the Indian tribes, and for other pur (1) Act 30th June, 1834, sec. 24. (4) Ibid. sec. 27. 66 poses," approved March three, eighteen hundred and nineteen; an act to amend an act entitled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers," approved thirtieth of March, eighteen hundred and two, approved May six, eighteen hundred and twenty-two; an act providing for the appointment of an agent for the Osage Indians west of the state of Missouri and territory of Arkansas, and for other purposes, approved May eighteen, eighteen hundred and twenty-four; the third, fourth, and fifth sections of " An act to enable the president to hold treaties with certain Indian tribes, and for other purposes," approved May twenty-five, eighteen hundred and twenty-four; the second section of the "Act to aid certain Indians of the Creek nation in their removal to the west of the Mississippi," approved May twenty, eighteen hundred and twentysix; and an act to authorize the appointment of a sub-agent to the Winnebago Indians on Rock river, approved February twenty-five, eighteen hundred and thirty-one: Provided, however, That such repeal shall not affect any rights acquired, or punishments, penalties, or forfeitures incurred, under either of the acts or parts of acts, nor impair or affect the intercourse act of eighteen hundred and two, so far as the same relates to or concerns Indian tribes residing east of the Mississippi :* And provided also, That such repeal * The following are the sections of the intercourse act still in force: Sec. 1. If the boundary line established in 1802, between the 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. 2. If any person resident in the United States, or either of the territorial districts thereof, shall cross over, or go within, the Indian boundary line, to hunt, or in any wise destroy the game; or shall drive, or otherwise 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. S. If any such person shall go into any country which is allotted or secured, by treaty, to any of the Indian tribes south of the river Ohio, without 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, he shall forfeit a sum not exceeding fifty dollars, or be imprisoned not exceeding three months. 4. If any such person shall go into any town, settlement, or territory, belonging, or secured, by treaty with the United States, to any tribe of Indians, and shall there commit robbery, larceny, trespass, or other crime, against the person or property of any friendly Indian, which would be punishable, if committed within the juris diction 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 not exceeding twelve months; and shall also, when property is taken or destroyed, forfeit and pay, to the Indian or Indians, to whom the property taken and destroyed belongs, 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 treasury of the United States: But 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. 5. If any such person shall make a settlement on any lands belonging, 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 marking trees, or otherwise, such offender shall forfeit a sum not exceeding one thousand dollars, and suffer imprisonment, not exceeding twelve months. And the president shall not be construed to revive any acts or parts of acts repealed by either of the acts or sections herein described.(1) (1) Act 30th June, 1834, sec. 29. may take such measures, and employ such military force, as he may judge necessary, to remove from lands, belonging, or secured by treaty, to any Indian tribe, any such person, who has made, or shall hereafter make, or attempt to make, a settlement thereon. 6. If any such person shall go into any town, settlement, or territory, belonging to any nation or tribe of Indians, and shall there commit murder, by killing any 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. 8. Any 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, moreover, be liable to a fine, not exceeding one hundred dollars, and to imprisonment, not exceeding thirty days. 9. If any such 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 instrument of husbandry, or cooking utensil, of the kind usually obtained by the Indians, in their intercourse with white people, or any article of clothing, excepting skins or furs, he shall forfeit a sum not exceeding fifty dollars, and be imprisoned not exceeding thirty days. 10. No such person shall purchase any horse of an Indian, or of any white man in the Indian territory, without special license for that purpose; which license the superintendent, or such other person as the president shall appoint, may grant, on the same terms, conditions, and restrictions, as other licenses are to be granted: 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 colour, height, and other natural or artificial marks, under the penalty contained in their respective bonds. And every such person, purchasing a horse or horses, in the Indian country, without a special license, shall, for every horse so purchased, and brought into any settlement of citizens of the United States, forfeit a sum not exceeding 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 to purchase the same, shall forfeit the value of such horse. 11. 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 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. 12. No purchase, grant, lease, or other conveyance, of lands, or of any title or claim thereto, from any Indian, or nation, 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 misdemeanour 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 purchase of any lands by them held or claimed, punishable by fine, not exceeding one thousand dollars, and imprisonment, not exceeding twelve months: It shall be lawful for the agent 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. 13. In order to promote civilization among the friendly Indian tribes, and to secure the continuance of their friendship, the president may cause them to be fur • Sec. 7 of this act is repealed. nished with useful domestic animals, and implements of husbandry, and with goods or money, as he shall judge proper, and appoint such persons, from time to time, as temporary agents, to reside among the Indians, as he shall think fit: the whole amount of such presents, and allowance to such agents, shall not exceed fifteen thousand dollars per annum. 14. If any Indian belonging to any tribe in amity with the United States, 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, or other property, belonging to any 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 inhabitant, it shall be the duty of such inhabitant, his representative, attorney, or agent, to make application to the superintendent, or such other person as the president shall authorize for that purpose; who, upon being furnished with the necessary documents and proofs, shall, under the direction or instruction of the president, make application to the tribe to which such Indian shall belong, for satisfaction; and if such tribe shall neglect or refuse to make satisfaction in a reasonable time, not exceeding twelve months, such superintendent, or other person so authorized, shall make return of his doings to the president, 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 guarantee to the party injured an eventual indemnification: But 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: Nothing herein contained shall prevent the legal apprehension, within the limits of any state or district, of any Indian having so offended: The president of the United States may deduct such sum as shall be paid for 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. 15. The superior courts in each of the territorial districts, and the circuit courts, and other courts of the United States of similar jurisdiction in criminal causes, in each district of the U. States, in which any offender against the act 30th of March, 1802, shall be apprehended, or, agreeably to the provisions thereof, shall be brought for trial, shall have authority to hear and determine all crimes, offences, and misdemeanors, against such 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 territorial districts, and the district courts of the United States, in their respective districts, shall have like power to hear and determine such offences: In all cases where the punishment shall be death, the governor of either of the territorial districts where the offender shall be apprehended, or into which he shall be brought for trial, may issue a commission of oyer and terminer to the superior judges thereof, who shall have power 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, the president may 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. 16. The military force of the United States may apprehend every person who may be found in the Indian country, over and beyond the boundary line between the United States and the Indian tribes, in violation of any of the provisions or regulations of the act 30th of March, 1802, and him immediately convey, in the nearest convenient, and safe route, to the civil authorities of the United States, in some one of the three next adjoining states or districts, to be proceeded against in due course of law: But no person apprehended by military force, shall be detained longer than five days after the arrest, and before removal. And all officers and soldiers who may have any such person in custody, shall treat him 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: The officer having custody of such person shall, if required by him, conduct him 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 recognizance for bail in any court of the United States; and if said judge shall refuse to act, or the person fail to procure satisfactory bail, then the said person is to be proceeded with according to the directions of such act. 17. 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 brought to trial, in the same manner as if such crime or offence had been committed within such state or district; and it shall be the duty of the military force of the United 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. 18. The amount of fines, and duration of imprisonment, directed by act the 30th of March, 1802, as a punishment for the violation of any of the provisions thereof, shall be ascertained and fixed, not exceeding the limits prescribed, in the discretion of the court before whom the trial shall be had; and all fines and forfeitures which shall accrue under such act, shall be one-half to the use of the informant, and the other half to the use of the United States: except where the prosecution shall be first instituted on behalf of the United States, in which case the whole shall be to their use. 19. Nothing in this act shall be construed to prevent any trade or intercourse with Indians living on lands surrounded by settlements of the citizens of the United States, and being within the ordinary jurisdiction of any of the individual states. 20. The president may cause to be clearly ascertained, and distinctly marked, in all such places as he shall deem necessary, and in such manner as he shall direct, any other boundary lines between the United States and any Indian tribe, which now are, or hereafter may be, established by treaty. 21. The president may take such measures, from time to time, as to him may appear expedient, to prevent or restrain the vending or distributing of spirituous liquors, among all or any of the Indian tribes. |