27 Feb. 1851. in California, (a) Oregon, Utah and New Mexico, shall be five hundred dollars per annum and of all so employed elsewhere, four hundred dollars.

8 March 1852 1. 10 Stat. 2.

Superintendent in California.

Powers and duties.

Ibid. 2 2.

Ibid. 23.

81 July 1854 1. 10 Stat. 315.

Ibid. 26. Two additional

38. That the 6th section of an act approved May 6th 1822, entitled "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 the 30th March 1802;"(b) also, the 5th section of an act approved May 25th 1824, entitled "An act to enable the president to hold treaties with certain Indian tribes, and for other purposes," (c) be and the same hereby are revived, and extended to the state of California, for the purpose of establishing a superintendency of Indian affairs for said state; and that the president, by and with the advice and consent of the senate, be, and he hereby is authorized to appoint a superintendent of Indian affairs to reside in said state, who shall possess the same powers, and be subject to the same duties, within his superintendency, as belong to the superintendent of Indian affairs at St. Louis, in the state of Missouri; with the power also of exercising administrative examination over all claims, and accounts and vouchers for disbursements, connected with Indian affairs in the said state of California, (d) which shall be transmitted to the commissioner of Indian affairs for final adjudication, and by him passed to the proper accounting officers of the treasury for settlement.

39. The said superintendent shall have an annual salary not exceeding four thousand dollars.

40. The said superintendent shall be allowed a clerk, whose compensation for his services shall not exceed two thousand five hundred dollars per annum.

41. The president may, from time to time, in his discretion, remove or change the location of any of the superintendencies now or hereafter to be established by law.

42. That the president of the United States be, and he is hereby, authorized, by and with the advice and consent of the senate, to appoint two Indian agents for the Indians agents east of the east of the Rocky Mountains, in addition to the eleven provided for by the 4th section Rocky Mountains. of the act entitled "An act making appropriations for the current and contingent One in New expenses of the Indian department," &c., approved February 27th 1851; one Indian Mexico. agent for the Indians in the territory of New Mexico, in addition to the four provided for by the 5th section of the same act; and such number of Indian agents, not exceed ing three, as he may deem expedient for the Indian tribes in the territory of Washington.

And three in
Washington.

Ibid. 7.

Bonds.

Term.
Salary.

3 March 1855 % 6. 10 Stat. 700.

Agent for the
Kansas Indians.

Kickapoos.

Ibid. 27. For the Delawares.

agents.

acknowledg ments.

43. The agents appointed under the provisions of the 6th section of this act, shall, before entering upon the duties of their respective offices, give bond in such penalties, and with such conditions and such security, as the president or secretary of the interior may require. They shall hold their offices, respectively, for the term of four years, and shall receive an annual salary of one thousand five hundred dollars each.

44. There shall be appointed, as now provided by law, an additional agent, at the annual salary of one thousand dollars, to reside among the Kansas Indians, as required by the sixth article of the treaty of January 14th 1846, and to be charged with the duties therein specified, and to continue as long as the president may deem such agency to be advantageous to the said Indians; and also one other agent for the Kickapoos, at the same salary and upon the same tenure.

45. There shall be appointed, as now provided by law, an additional Indian agent, whose salary shall be fifteen hundred dollars per annum, and who shall be assigned, for such time as the president may deem necessary, to the Delaware Indians; and the agents Salaries of certain for the Kansas, Great Nemaha, and Osage River agencies, shall hereafter receive the annual salary of fifteen hundred dollars, in lieu of the salary now allowed by law. Ibid. 2 10. 46. That Indian agents be, and they are hereby authorized to take acknowledgments Agents may take of deeds, and other instruments of writing, and to administer oaths in investigations committed to them in the Indian country, pursuant to such rules and regulations as may be prescribed for that purpose, by the secretary of the interior; and that acknowledgments so taken shall have the same effect as if taken before a justice of the peace. 47. That the act of the 27th of February 1851, fixing the rate of compensation for interpreters, as far as it relates to California, be and the same is hereby repealed; but the yearly pay of interpreters in that state shall in no case exceed one thousand dollars. 48. That in addition to the number now allowed by law, the president be authorized to appoint one Indian agent east of the Rocky Mountains, at a salary of one thousand five hundred dollars.

18 Aug. 1856

11 Stat. 80.

Interpreters.

Ibid. 25.

3.

Additional agent.

(1) See infra, 47. (b) 3 Stat. 683. This section provides" that the president of the United States, by and with the advice and consent of the senate, may appoint a superintendent of Indian affairs, to reside at St. Louis, whose powers shall extend to all Indians frequenting that place."

(c) 4 Stat. 35. This section provides "that the superintendent of Indian affairs, at St. Louis, and his successors in office, shall

possess all the powers, and be subject to all the duties of governer! of territories, when exercising the office of superintendents of Indian affairs, and shall exercise a general supervision of the official conduct and accounts of Indian agents, within his super intendency."

(d) It is competent for the superintendent of Indian affairs in California to examine claims and accounts for furnishing prov sions to the Indians. 5 Opin. 572.

11 Stat. 169.

49. At the discretion of the president all disbursements of moneys, whether for annul- 3 March 1857 ? L ties or otherwise, to fulfil treaty stipulations with individual Indians or Indian tribes, now or hereafter to be appropriated for such objects, shall be made in person by the How disbursesuperintendents of Indian affairs, where superintendencies exist, to all Indians or tribes made. within the limits of their respective superintendencies, in the presence of the local agents and interpreters who shall witness the same, under such regulations as the secretary of the interior may direct.

ments to be

11 Stat. 185.

and New Mexico,

50. That in lieu of the provisions for the exercise of the duties of superintendents of 3 March 1857 ? 3 Indian affairs in the territories of Oregon, Washington, Utah and New Mexico, as now provided by law, the president be, and he is hereby, authorized to appoint, by and with Superintendents in Washington, the advice and consent of the senate, one superintendent of Indian affairs for the terri- Oregon, Utah tories of Washington and Oregon, at the annual salary of twenty-five hundred dollars; one superintendent of Indian affairs for the territory of New Mexico, and one for the territory of Utah, each at the annual salary of two thousand dollars; and that from and after such separation of the duties of said offices, the governor of Washington shall receive the same salary as that paid to the governor of Oregon; and the governors of Utah and New Mexico shall each receive the salary of twenty-five hundred dollars. The superintendents of Indian affairs in the territories of Oregon, Washington, Utah and New Not to negotiate Mexico, shall negotiate no treaties with any Indian tribes within said territories, unless instructed thereto by the president of the United States.

III. TRADE AND INTERCOURSE WITH THE INDIANS.

treaties.

4 Stat. 729.

51. That all that part of the United States west of the Mississippi, and not within the 30 June 1834 3 1. states of Missouri and Louisiana, or the territory of Arkansas, and, also, that part of the United States east of the Mississippi river, and not within any state to which the Indian country Indian title has not been extinguished, for the purposes of this act, be taken and deemed to be the Indian country.(a)

defined.

Ibid. ? 2.

to be licensed.

52. No person shall be permitted to trade with any of the Indians (in the Indian country) without a license therefor from a superintendent of Indian affairs, or Indian Indian traders agent or sub-agent;(b) which license shall be issued for a term not exceeding two years for the tribes east of the Mississippi, and not exceeding three years for the tribes west of that river. And the person applying for such license shall give bond in a penal sum Bond. not exceeding five thousand dollars, with one or more sureties, to be approved by the person issuing the same, conditioned that such person will faithfully observe all the laws and regulations made for the government of trade and intercourse with the Indian tribes, and in no respect violate the same. And the superintendent of the district shall have Revocation. power to revoke and cancel the same, whenever the person licensed shall, in his opinion, have transgressed any of the laws or regulations provided for the government of trade and intercourse with the Indian tribes, or that it would be improper to permit him to remain in the Indian country. And no trade with the said tribes shall be carried on Trading stations. within their boundary, except at certain suitable and convenient places, to be designated from time to time by the superintendents, agents and sub-agents, and to be inserted in the license. And it shall be the duty of the persons granting or revoking such licenses, Report of licenses, &c. forthwith to report the same to the commissioner of Indian affairs, for his approval or disapproval.

Ibid. 3.

refused.

53. Any superintendent or agent may refuse an application for a license to trade, if he is satisfied that the applicant is a person of bad character, or that it would be Licenses may be improper to permit him to reside in the Indian country, or if a license, previously granted to such applicant, has been revoked, or a forfeiture of his bond decreed. But Appeal. an appeal may be had from the agent or the superintendent, to the commissioner of Indian affairs; and the president of the United States shall be authorized, whenever in Powers of the his opinion the public interest may require the same, to prohibit the introduction of goods, or of any particular article, into the country belonging to any Indian tribe, and to direct all licenses to trade with such tribe to be revoked, and all applications therefor to be rejected; and no trader to any other tribe shall, so long as such prohibition may continue, trade with any Indians of or for the tribe against which such prohibition is issued.

president.

Ibid. 24.

54. Any person other than an Indian who shall attempt to reside in the Indian country as a trader, or to introduce goods, or to trade therein without such license, shall Penalty for tradforfeit all merchandise offered for sale to the Indians, or found in his possession, and ing without shall moreover forfeit and pay the sum of five hundred dollars.

(a) The Indian territory is admitted to compose a part of the United States. Cherokee Nation v. Georgia, 5 Pet. 17. The treaties and laws of the United States contemplate the Indian territory as completely separated from that of the states; and provide that all intercourse with them shall be carried on exclusively by the government of the Union. Worcester v. Georgia, 6 Ibid. 547. They are not foreign, but domestic dependent nations. They occupy a territory to which we assert a title independent of their

license.

will, which must take effect in point of possession, when their right of possession ceases. Cherokee Nation v. Georgia, 5 Ibid. 17. A title to lands, derived solely from a grant made by an Indian tribe to private individuals, cannot be recognised in the courts of the United States. Johnson v. McIntosh, 8 Wh. 543. Mitchell v. United States, 9 Pet. 711.

(b) As to the applicability of these laws to Oregon, see 7 Opiu, 293.

30 June 1834

Who may be licensed.

Ibid. 36. Passports to foreigners.

Ibid. 7.

5.

55. No license to trade with the Indians shall be granted to any persons except citizens of the United States: Provided, That the president shall be authorized to allow the employment of foreign boatmen and interpreters, under such regulations as he may prescribe.

56. If a foreigner shall go into the Indian country without a passport from the war department, the superintendent, agent or sub-agent of Indian affairs, or from the fficer of the United States commanding the nearest military post on the frontiers, or shall remain intentionally therein after the expiration of such passport, he shall forfeit and pay the sum of one thousand dollars; and such passport shall express the object of such person, the time he is allowed to remain, and the route he is to travel.

57. If any person other than an Indian shall, within the Indian country, purchase or Barter with In- receive of any Indian, in the way of barter, trade or pledge, a gun, trap or other article dians prohibited, commonly used in hunting, any instrument of husbandry or cooking utensils, of the kind commonly obtained by the Indians in their intercourse with the white people, or any other article of clothing, except skins or furs, he shall forfeit and pay the sum of fifty dollars.

except for skins and furs.

Ibid. 28.

Penalty for hunting on Indian lands.

Ibid. 29.

58. If any person other than an Indian shall, within the limits of any tribe with whom the United States shall have existing treaties, hunt or trap, or take and destroy, any peltries or game, except for subsistence in the Indian country, such person shall forfeit the sum of five hundred dollars, and forfeit all the traps, guns and ammunition in his possession, used or procured to be used for that purpose, and peltries so taken.

59. If any person shall drive or otherwise convey any stock of horses, mules or cattle, Or foraging cattle to range and feed on any land belonging to any Indian or Indian tribe, without the consent of such tribe, such person shall forfeit the sum of one dollar for each animal of such stock.

therein.

Ibid. 10.

Removal of intruders.

Ibid. 11.

tling on Indian lands.

60. The superintendent of Indian affairs, and Indian agents and sub-agents, shall have authority to remove from the Indian country all persons found therein contrary to law; and the president of the United States is authorized to direct the military force to be employed in such removal.

61. If any person shall make a settlement on any lands belonging, secured or granted Penalty for set by treaty with the United States to any Indian tribe, or shali survey or shall attempt to survey such lands, or designate any of the boundaries by marking trees, or otherwise, such offender shall forfeit and pay the sum of one thousand dollars. And it shall, moreover, 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 the lands as aforesaid any such person as aforesaid.

Ibid. 12. Grants from

62. No purchase, grant, lease or other conveyance of lands, or of any title or claim thereto, from any Indian nation or tribe of Indians, shall be of any validity in law or Indian nations equity, unless the same be made by treaty or convention entered into pursuant to the

to be void.

constitution. And if any person, not employed under the authority of the United States, Penalty for shall attempt to negotiate such treaty or convention, directly or indirectly, to treat with negotiating for such nation or tribe of Indians, for the title or purchase of any lands by them held such purchase by any commissioners. or claimed, such person shall forfeit and pay one thousand dollars: Provided nevertheless, State agents may That it shall be lawful for the agent or agents of any state, who may be present at any adjust compensa- 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 claim to lands within such state, which shall be extinguished by treaty.

tion for relinquishment of Indian claims.

Ibid. 13. Penalty for at

63. If any citizen or other person residing within the United States or the territory thereof, shall send any talk, speech, message or letter to any Indian nation, tribe, chief tempting to cause or individual, with an intent to produce a contravention or infraction of any treaty or dian treaties, &c. other law of the United States, or to disturb the peace and tranquillity of the United States, he shall forfeit and pay the sum of two thousand dollars.

infraction of In

Ibid. 14.

For delivering

messages to Indian tribes for such purpose.

Ibid. 15.

For corresponding with foreign powers with such Intent.

64. If any citizen or other person shall carry or deliver any such talk, message, speech or letter, to or from any Indian nation, tribe, chief or individual, from or to any person or persons whatsoever, residing within the United States, or from or to any subject, citizen or agent of any foreign power or state, knowing the contents thereof, he shall forfeit and pay the sum of one thousand dollars.

65. If any citizen or other person, residing or living among the Indians, or elsewhere within the territory of the United States, shall carry on a correspondence, by letter or otherwise, with any foreign nation or power, with an intent to induce such foreign nation or power to excite any Indian nation, tribe, chief or individual, to war against the United States, or to the violation of any existing treaty; or in case any citizen or other person shall alienate, or attempt to alienate, the confidence of any Indian or Indians

from the government of the Unite States, he shall forfeit the sum of one thousand dol- 30 June 1834. lars.

Ibid. 16.

Indians.

66. Where, in the commission, by a white person, of any crime, offence or misdemeanor, within the Indian country, the property of any friendly Indian is taken, injured Twice the value or destroyed, and a conviction is had for such crime, offence or misdemeanor, the person injured to be of property so convicted shall be sentenced to pay to such friendly Indian to whom the property may paid to friendly belong, or whose person may be injured, a sum equal to twice the just value of the property so taken, injured or destroyed. And if such offender shall be unable to pay a sum at least equal to the just value or amount, whatever such payment shall fall short of the same shall be paid out of the treasury of the United States: Provided, That no such Unless revenge be attempted. Indian shall be entitled to any payment, out of the treasury of the United States, for any such property, 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: And provided also, That if such offender cannot be apprehended and brought to trial, the amount of such property shall be paid out of the treasury, as aforesaid.

Ibid. 17.

property de

dians.

67. If any Indian or Indians, belonging to any tribe in amity with the United States, shall, within the Indian country, take or destroy the property of any person lawfully persons to be within such country, or shall pass from the Indian country into any state or territory indemnified for inhabited by citizens of the United States, and there take, steal or destroy any horse, stroyed by Inhorses or other property, belonging to any citizen or inhabitant of the United States, (a) such citizen or inhabitant, his representative, attorney or agent, may make application to the proper superintendent, agent or sub-agent, who, upon being furnished with the necessary documents and proofs, shall, under the direction of the president, make application to the nation or tribe to which said 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, it shall be the duty of such superintendent, agent or sub-agent, to make return of his doings to the commissioner of Indian affairs, that such further steps may be taken as shall be proper, in the opinion of the president, 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 so injured, an eventual indemnification: Provided, That, if such injured party, his representative, If no revengt attorney or agent, shall, in any way, violate any of the provisions of this act, by seeking sought. or attempting to obtain private satisfaction or revenge, he shall forfeit all claim upon the United States for such indemnification: And provided also, That unless such claim shall Limitation. be presented within three years after the commission of the injury, the same shall be barred. And if the nation or tribe to which such Indian may belong, receive an annuity Payment of from the United States, such claim shall, at the next payment of the annuity, be deducted indemnity. therefrom and paid to the party injured; and, if no annuity is payable to such nation or tribe, then the amount of the claim shall be paid from the treasury of the United States: Provided, That nothing herein contained shall prevent the legal apprehension and punishment of any Indians having so offended.

68. The superintendents, agents and sub-agents, within their respective districts, be, Ibid. 18. and are hereby, authorized and empowered to take depositions of witnesses touching Depositions, by any depredations, within the purview of the two preceding sections of this act, and to whom taken. administer an oath to the deponents.

Ibid. 2 19.

Arrest and tria

others who have

69. It shall be the duty of the superintendents, agents and sub-agents, to endeavor to procure the arrest and trial of all Indians accused of committing any crime, offence or misdemeanor, and all other persons who may have committed crimes or offences within of Indians, and any state or territory, and have fled into the Indian country, either by demanding the fled to the lu same of the chiefs of the proper tribe, or by such other means as the president may authorize; and the president may direct the military force of the United States to be employed in the apprehension of such Indians, and also, in preventing or terminating hostilities between any of the Indian tribes.

dian country.

Ibid. 2 20

Indiani.

70. If any person (b) shall sell, exchange or give, barter or dispose of any spirituous liquor or wine to an Indian, (in the Indian country), (c) such person shall forfeit and Penalty for se pay the sum of five hundred dollars; and if any person shall introduce, or attempt to ing liquors to introduce, any spirituous liquor or wine into the Indian country, except such supplies as shall be necessary for the officers of the United States and troops of the service, under the direction of the war department, such person shall forfeit and pay a sum not exceeding three hundred dollars; (d) and if any superintendent of Indian affairs, Indian agent Searches. or sub-agent, or commanding officer of a military post, has reason to suspect, or is in

(a) This section applies only to a tortious and violent, if it be not restricted to a felonious taking. The United States under took to guaranty against violence on both sides; but differences in matters of contract do not come within the 16th and 17th sections of this act. 4 Opin. 72.

(b) See act 27 March 1854 § 3; infra, 82.

(c) It is not a violation of the net, to carry spirits into a country which has been purchased of the Indians, and is not included within the boundary line defining the Indian country. American Fur Co. v. United States, 2 Pet. 358.

(d) And for additional punishment, &c., sec act 3 March 1847 22; infra, 81.

30 June 1834. formed, that any white person or Indian is about to introduce, or has introduced, any spirituous liquor or wine into the Indian country, in violation of the provisions of this section, it shall be lawful for such superintendent, Indian agent or sub-agent, or military officer, agreeably to such regulations as may be established by the president of the United States, to cause the boats, stores, packages and places of deposit of such person to be searched, and if any such spirituous liquor or wine is found, (a) the goods, boats, packages and peltries of such persons shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, one half to the use of the informer, and the other half to the use of the United States; (b) and if such person is a trader, his license shall be revoked and his bond put in suit. And it shall Liquors may be moreover be lawful for any person, in the service of the United States, or for any Indian, destroyed. to take and destroy any ardent spirits or wine found in the Indian country, excepting military supplies as mentioned in this section.

Forfeiture.

Ibid. 21. 71. If any person whatever shall, within the limits of the Indian country, set up Penalty for continue any distillery for manufacturing ardent spirits, he shall forfeit and pay a manufacturing penalty of one thousand dollars; and it shall be the duty of the superintendent of liquors in the Indian country. Indian affairs, Indian agent or sub-agent, within the limits of whose agency the same shall be set up or continued, forthwith to destroy and break up the same; and it shall be lawful to employ the military force of the United States in executing that duty. 72. In all trials about the right of property in which an Indian may be a party on one side, and a white person on the other, the burden of proof shall rest upon the white in trials between person, whenever the Indian shall make out a presumption of title in himself from the fact of previous possession or ownership.(c)

Ibid. 22.

Burden of proof
Indians and

white persons.

Ibid. 23. Duties of the military in en

73. It shall be lawful for the military force of the United States to be employed in such manner and under such regulations as the president may direct, in the apprehension of every person who shall or may be found in the Indian country, in violation of any forcing this act. of the provisions of this act, and him immediately to convey from said Indian country,

in the nearest convenient and safe route, to the civil authority of the territory or judicial district in which said person shall be found, to be proceeded against in due course of law; and also, in the examination and seizure of stores, packages and boats, authorized by the twentieth section of this act, and in preventing the introduction of persons and property into the Indian country contrary to law; which persons and property shall be Treatment of per- proceeded against according to law: Provided, That no person apprehended by military force as aforesaid, 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 or soldier who shall be guilty of maltreating any such person while in custody, shall suffer such punishment as a court martial shall direct.

sons arrested.

Ibid. 24. Part of the In

nexed to the judicial district of Arkansas.

74. For the sole purpose of carrying this act into effect, all that part of the Indian country west of the Mississippi river, that is bounded north by the north line of lands dian country an- assigned to the Osage tribe of Indians, produced east to the state of Missouri, west, by the Mexican possessions, south, by Red River, and east, by the west line of the territory of Arkansas and the state of Missouri, shall be, and hereby is, annexed to the territory Part to Missouri. of Arkansas; (d) 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 And the residue 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.

to the district

wherein situate.

Ibid. 25.

to be in force

75. So much of the laws of the United States as provides for the punishment of crimes Criminal laws of committed within any place within the sole and exclusive jurisdiction of the United the United States States, shall be in force in the Indian country: (e) Provided, The same shall not extend therein. to crimes committed by one Indian against the person or property of another Indian.(g) 76. 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 r judicial district having jurisdiction of the same.

Ibid. 26.

Offenders to be arrested and transported for trial.

(a) If spirits are carried into the Indian country, by a trader, and are there found among his goods, or any part of them, it is prima facie evidence of his having violated the act of congress, and throws the burden of proof upon the defendant. American Fur Co. v. United States, 2 Pet. 358.

(b) If spirits are carried into the Indian country. in violation of the act of congress, all the goods of the offender there, are forfeited, and not those among which the spirits are found, when seized. American Fur Co. v. United States. 2 Pet. 358.

(c) In such cases, the presumption of law is against the white man. 4 Opin. 72.

(d) See infra, 80.

(e) If a crime be committed by a slave in the Indian country, and his master is a citizen of the United States, he must be tried

by the district court. But if the slave of a Cherokee commit a crime against a Cherokee, and in the Cherokee nation, he is triable by the Cherokees. 7 Opin. 278. 2 Ibid. 693.

(g) A white citizen, who has been adopted into an Indian tribe, and permanently domiciled among them, is not an Indian, within the meaning of this exception; he is liable to be tried by the courts of the United States. United States v. Rogers, 4 How. 567. 8. c., Hemp. 451. 4 Opin. 258. United States v. Ragsdale, Hemp 497. A child must partake of the condition of the mother; and if the mother be an Indian, the child will be so considered, for the purposes of this act, whether the father be a white man or an Indian. But the child of a white woman, by an Indian father, would be deemed of the white race. United States v. Sanders, Hemp. 483,