of Indian affairs; and the President of the United States shall be authorised, whenever in 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.

§ 4. And be it further enacted, That any person other than an Forfeiture of Indian who shall attempt to reside in the Indian country as a tra- goods and fine for trading der, or to introduce goods, or to trade therein without such license, without a lishall forfeit all merchandise offered for sale to the Indians, or cense. found in his possession, and shall moreover forfeit and sum of five hundred dollars.

the pay

Proviso.

§ 5. And be it further enacted, That no license to trade with Citizens only the Indians shall be granted to any persons except citizens of the to be licensed. United States; Provided, That the President shall be authorised

to allow the employment of foreign boatmen and interpreters, under such regulations as he may prescribe.

§ 6. And be it further enacted, That if a foreigner shall go into Foreigners the Indian country without a passport from the War Department, must obtain the superintendent, agent, or sub-agent of Indian affairs, or from passports to go into the Inthe officer of the United States commanding the nearest military dian country. 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.

Indians.

§7. And be it further enacted, That if any person other than Indians only an Indian shall, within the Indian country, purchase or receive of to barter with any Indian, in the way of barter, trade, or pledge, a gun, trap, or other article 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.

within their

§ 8. And be it further enacted, That if any person, other than Other persons an Indian, shall, within the limits of any tribe with whom the not to trap United States shall have existing treaties, hunt, or trap, or take limits. 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 peltrics so taken.

be driven for forage on In

§9. And be it further enacted, That if any person shall drive, Cattle not to or otherwise convey any stock of horses, mules, or cattle, to range and feed on any land belonging to any Indian or Indian tribe with- dian lands. out the consent of such tribe, such person shall forfeit the sum of one dollar for each animal of such stock.

§ 10. And be it further enacted, That the superintendent of Intruders Indian affairs, and Indian agents and sub-agents, shall have may be remo authority to remove from the Indian country all persons found

VOL. IV.

38

ved.

Settlers may be driven off by military force.

Purchases or grants from Indians inva

lid.

Proviso.

Penalty for sending any talk, &c. to disturb the peace.

Persons carrying such, fined.

Persons cor

fined.

therein contrary to law; and the President of the United States is authorised to direct the military force to be employed in such removal.

§ 11. And be it further enacted, That if any person shall make a settlement on any lands belonging, secured, or granted by treaty with the United States to any Indian tribe, or shall 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. § 12. And be it further enacted, That 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 equity, unless the same be made by treaty or convention entered into pursuant to the constitution. And if any person, not employed under the authority of the United States, shall attempt to negotiate such treaty or convention, directly or indirectly, to treat with any such nation or tribe of Indians, for the title or purchase of any lands by them held or claimed, such person shall forfeit and pay one thousand dollars: 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 claim to lands within such state which shall be extinguished by treaty.

§ 13. And be it further enacted, That 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, or individual, with an intent to produce a contravention or infraction of any treaty or 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.

§ 14. And be it further enacted, That 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.

§ 15. And be it further enacted, That if any citizen or other responding person, residing or living among the Indians, or elsewhere within the territory of the United States, shall carry on a correspondpowers with similar views, ence, 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 United States, he shall forfeit the sum of one thousand dollars.

value.

§ 16. And be it further enacted, That where, in the commis- Property of sion, by a white person, of any crime, offence, or misdemeanor, dians injured friendly Inwithin the Indian country, the property of any friendly Indian is or destroyed, taken, injured or destroyed, and a conviction is had for such to be paid for crime, offence, or misdemeanor, the person so convicted shall be in twice its sentenced to pay to such friendly Indian to whom the property may 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 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 Further prooffender cannot be apprehended and brought to trial, the amount viso. of such property shall be paid out of the treasury, as aforesaid.

Proviso.

§ 17. And be it further enacted, That if any Indian or Indians, Indemnifica belonging to any tribe in amity with the United States, shall, tion to be within the Indian country take or destroy the property of any perty taken or person lawfully within such country, or shall pass from the destroyed in Indian country into any state or territory inhabited by citizens certain cases. 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, 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 repre- Provisoes. sentative, 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, he shall forfeit all claim upon the United States for such indemnification: And provided, also, That, unless such claim shall 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 from the United States, such claim shall, at the next payment of the annuity, be deducted 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 the legal apprehension and punishment of any Indians having so offended.

Superintendents, &c. may

Lake deposi tions.

And shall pro

and trial of

Indians accused.

§ 18. And be it further enacted, That the superintendents, agents, and sub-agents, within their respective districts, be, and are hereby, authorised and empowered to take depositions of witnesses touching any depredations within the purview of the two preceding sections of this act, and to administer an oath to the deponents.

19. And be it further enacted, That it shall be the duty of the cure the arrest 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 any state or territory, and have fled into the Indian country, either by demanding the same of the chiefs of the proper tribe, or by such other means as the President may authorise; 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.

Penalty for disposing of

spirituous liquors to In

dians.

Search may

be made for such liquors.

§ 20. And be it further enacted, That if any person shall sell, exchange, or give, barter, or dispose of, any spirituous liquor or wine to an Indian, (in the Indian country,) such person shall forfeit and pay the sum of five hundred dollars; and if any person shall introduce, or attempt 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; and if any superintendent of Indian affairs, indian agent, or subagent, or commanding officer of a military post, has reason to suspect, or is informed, 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 subagent, 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 deposite of such person to be searched, and if any such spirituous liquor or wine is found, 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; and if such person is a trader, his license shall be revoAnd they may ked and his bond put in suit. And it shall moreover be lawful for be destroyed: any person in the service of the United States, or for any Indian, to take and destroy any ardent spirits or wine found in the Indian country, excepting military supplies as mentioned in this section.

Penalty for setting up a distillery.

§ 21. And be it further enacted, That if any person whatever shall, within the limits of the Indian country, set up or continue any distillery for manufacturing ardent spirits, he shall forfeit and pay a penalty of one thousand dollars; and it shall be the duty of the superintendent of 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.

burden of

§ 22. And be it futher enacted, That in all trials about the right In trials abou of property in which an Indian may be a party on one side, and property, the a white person on the other, the burden of proof shall rest upon proof to rest the white person, whenever the Indian shall make out a presump- on the white tion of title in himself from the fact of previous possession or person. ownership.

of olating the

persons vi

§ 23. And be it further enacted, That it shall be lawful for the Apprehension military force of the United States to be employed in such manner and under such regulations as the President may direct, in the provisions of apprehension of every person who shall or may be found in the this act. Indian country, in violation of any 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, authorised 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 proceeded against according to law: Provided, That no person apprehended by Proviso. 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.

dian country

of Missouri,

§ 24. And be it further enacted, That for the sole purpose of Certain Incarrying this act into effect, all that part of the Indian country annexed, for west of the Mississippi river, that is bounded north by the north legal purposes line of lands assigned to the Osage tribe of Indians, produced to the district east to the state of Missouri; west, by the Mexican possessions; &c. 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 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.

Laws of the

United States in force in

25. And be it further enacted, That so much of the laws of the United States as provides for the punishments of crimes committed within any place within the sole and exclusive jurisdiction certain cases. of the United States, shall be in force in the Indian country: Provided, The same shall not extend to crimes committed by one Proviso. Indian against the person or property of another Indian.

act may be

§ 26. And be it further enacted, That if any person who shall Offenders be charged with a violation of any of the provisions or regula- against this tions of this act, shall be found within any of the United States, arrested in or either of the territories, such offenders may be there apprehen- any state or ded, and transported to the territory or judicial district having territory. jurisdiction of the same.

§ 27. And be it further enacted, That all penalties which shall Penalties: