« ForrigeFortsett »
how to be su- 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. Proceedings
§ 28. And be it further enacted, That when goods or other proagainst goods or other perty shall be seized for any violation of this act, it shall be lawful perty.
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. Certain acts
§ 29. And be it further enacted, That the following acts and and parts of acts repealed. parts of acts shal be, and the same are hereby, repealed, namely: Act of 1800, An act to make provision relative to rations for Indians, and to c. 68, vol. 1, p. their visits to the seat of government, approved May thirteen, Act of 1802, c.
eighteen hundred ; an act to regulate trade and intercourse with 13, vol. 2, p.
the Indian tribes and to preserve peace on the frontiers, approved 838. March thirty, eighteen hundred and two; an act supplementary Act of 1816; to the act passed thirtieth March, eighteen hundred and two, to c. 165-vol
. 3, regulate trade and intercourse with the Indian tribes, and to pre
serve peace on the frontiers, approved April twenty-nine, eighteen Act of 1817, hundred and sixteen; an act for the punishment of crimes and c. 265, vol. 3, 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 Act of 1818,
agents, and continuing the “ Act establishing trading houses with 1693. vol
. 3, P. the Indian tribes," approved April sixteen, eighteen hundred and Act of 1818, eighteen ; an act fixing the compensation of Indian agents and c-99, vol. 3, p. factors, approved April twenty, eighteen hundred and eighteen: Act of 1819, an act supplementary to the act entitled “ An act to provide for c. 167, vol. 3, 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 of 1819, act to continue in force for a further time the act entitled “ An c. 203, vol. 3,
act for establishing trading houses with the Indian tribes, and for other purposes,” 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 Act of 1822, c. 58, vol. 3, 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 twenty-six; and an act to authorise the appointment of a sub
agent to the Winnebago Indians on Rock river, approved February twenty-five, eighteen hundred and thirty-one; Provided, Provisocs: : however, That such repeal shall not effect [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 shall not be construed to revive any acts or parts of acts repealed by either of the acts or sections herein described. 30. And be it further enacted, That until a Western Terri- The agents
for the westtory shall be established, the two agents for the Western Territory,
ern territory as provided in the act for the organization of the Indian depart- to execute the ment, this day approved by the President, shall execute the duties duties, &c. of agents for such tribes as may be directed by the President of the United States. And it shall be competent for the President to assign to one of the said agents, in addition to his proper duties, the duties of superintendent for such district of country or for such tribes, as the President may think fit. And the powers of the superintendent at St. Louis over such district or tribes as may be assigned to such acting superintendent shall cease: Provided, That no additional compensation shall be allowed for such services. [Approved, June 30th, 1834.]
Chap. 162. An act to provide for the organization of the Department
of Indian Affairs. $.1. Be it enacted, s.c. That the duties of the governors of the The duties of territories of Florida and Arkansas, as superintendents of Indian Florida and affairs, shall hereafter cease, and the duties of the governor of the Arkansas, as territory of Michigan, as superintendent of Indian affairs, shall superintend. cease from and after the establishment of a new territory, embra- Those of the cing the country west of Lake Michigan, should such a territory Governor of be established. And while the governor of the said territory of Michigan to Michigan continues to act as superintendent of Indian affairs, he Until when, to shall receive therefor the annnal sum of one thousand dollars, in receive for his full of all allowances, emoluments, or compensation for services in services said capacity
$1,000 per 82. And be it further enacted, That there shall be a superin- A superintentendency of Indian affairs for all the Indian country not within dent to reside the bounds of any state or territory west of the Mississippi river, at St. Louis. the superintendent of which shall reside at St. Louis, and shall annually receive a salary of fifteen hundred dollars.
3. And be it further enacted, That superintendents of Duties of suIndian affairs shall, within their several superintendencies, exer- perintendents, cise a general supervision and control over the official conduct and accounts of all officers and persons employed by the government in the Indian department, under such regulations as shall be established by the President of the United States; and may suspend such officers and persons from their office or employments, for reasons forthwith to be communicated to the secretary of war.
§ 4. And be it further enacted, That the following Indian Indian agents agents shall be appointed by the President of the United States, to be appointby and with the
advice and consent of the Senate, who shall hold ed.
their offices for the term of four years, and who shall give bond,
Two agents for the Western territory.
An agent for the Upper Missouri. Agencies dis And the following agencies shall be discontinued at the periods continued. herein mentioned, that is to say:
The Florida agency, from and after the thirty-first day of December next.
The Cherokee agency, from and after the thirty-first day of December next.
The Indiana agency, from and after the thirty-first day of December, eighteen hundred and thirty-six.
The Chicago agency, from and after the thirty-first day of December next.
The Rock Island agency, from and after the thirty-first day of December, eighteen hundred and thirty-six.
And ail other agencies not provided for in this act, from and Proviso. after the passing thereof: Provided, That the limitation of the
said agencies shall not be construed to prevent the President of the United States from discontinuing the same at an earlier period. And the President shall be, and he is hereby authorised, whenever he may judge it expedient, to discontinue any Indian agency, or to transfer the same, from the place or tribe designated by law, to such other place or tribe as the public service may require. And every Indian agent shall reside and keep his agency within or near the territory of the tribe for which he may be agent, and at such place as the President may designate, and shall not depart from the limits of his agency without permission. And it shall be competent for the President to require any military officer of the
United States to execute the duties of Indian agent. Sub-agents to 5. And be it further enacted, That a competent number of by the Presi. sub-agents shall be appointed by the President, with an annual
salary of seven hundred and fifty dollars each, to be employed
any agency where there is an agent appointed. Those in of. § 6. And be it further enacted, That nothing herein contained fice to hold for shall be construed to require the re-appointment of persons now their terms.
in office, until the expiration of their present term of service; but the commissions of all Indian agents and sub-agents, now in
office, shall expire on the fourth day of March next, unless sooner terminated.
$ 7. And be it further enacted, That the limits of each agency Limits of a. and sub-agency shall be established by the secretary of war, either gencies, and by tribes or by geographical boundaries. And it shall be the
agents, &c. general duty of Indian agents and sub-agents to manage and superintend the intercourse with the Indians within their respective agencies, agrecably to law; to obey all legal instructions given to them by the secretary of war, the commissioner of Indian affairs, or the superintendent of Indian affairs; and to carry into effect such regulations as may be prescribed by the President.
. 8. And be it further enacted, That the President of the Additional scUnited States may, from time to time, require additional security, curity may be and in larger amounts, from all persons charged or trusted, under required from the laws of the United States, with the disbursement or applica- trusted with tion of money, goods, or effects of any kind, on account of the disburse. Indian department.
ments. $ 9. And be it further enacted, That an interpreter shall be Interpretere. allowed to each agency, who shall receive an annual salary of three hundred dollars : Provided, That where there are different Proviso. tribes in the same agency, speaking different languages, one interpreter may be allowed, at the discretion of the secretary of war, for each of the said tribes. Interpreters shall be nominated, by the proper agents, to the war department for approval, and may be suspended, by the agent, from pay and duty, and the circumstances reported to the war department for final action; and blacksmiths shall, in like manner, be employed wherever required Blacksmiths, by treaty stipulations, and such blacksmith shall receive an annual compensation of four hundred and eighty dollars; and if they furnish their shop and tools, an additional sum of one hundred and twenty dollars; and their assistants shall be allowed an annual compensation of two hundred and forty dollars. And wherever farmers, mechanics, or teachers are required by treaty stipulations to be provided, they shall be employed under the direction of the war department, and shall receive an annual compensation of not less than four hundred and eighty dollars, nor more than six hundred dollars. And in all cases of the appointments of interpreters or other persons employed for the benefit of the Indians, a preference shall be given to persons of Indian descent, if such can be found, who are properly qualified for the execution of the duties. And where any of the tribes are, in the opinion of the secretary of war, competent to direct the employ. ment of their blacksmiths, mechanics, teachers, farmers, or other persons engaged for them, the direction of such persons may be given to the proper authority of the tribe. 10. And be it further enacted, That the compensation pre
tion prescrib scribed by this act shall be in full of all emoluments or allow
ed, to be in ances whatsoever: Provided, however, That, where necessary, fuú. a reasonable allowance or provision may be made for offices and Provisocs. office contingencies: And provided, also, That where persons are required, in the performance of the duties under this act, to travel from one place to another, their actual expenses, or a reasonable sum in lieu thereof, may be allowed them: And provided, also, Vol. IV.
That no allowance shall be made to any person for travel or expenses in coming to the seat of government to settle his accounts, unless thereto required by the secretary of war: And provided, also, That no person shall hold more than one office at the same time under this act, nor shall any agent, sub-agent, interpreter, or person employed under this act, receive his salary while absent from his agency or employment without leave of the superintendent or secretary of war: Provided such absence shall at no one
time exceed sixty days. Annuities to § 11. And be it further enacted, That the payment of all annuibe paid to
ties or other sums stipulated by treaty to be made to any Indian chiefs or other
tribe, shall be made to the chiefs of such tribe, or to such personas persns appointed by the said tribe shall appoint; or if any tribe shall appropriate their tribe.
annuities to the purpose of education, or to any other specific use, then to such person or persons as such tribe shall designate.
§ 12. And be it further enacted, That it shall be lawful for the may be paid President of the United States, at the request of any Indian tribe in goods.
to which any annuity shall be payable in money, to cause the same to be paid in goods, purchased as provided in the next sec
tion of this act. Merchandise § 13. And be it further enacted, That all merchandise required -- how to be by any Indian treaty for the Indians, payable after making of such purchased.
treaty, shall be purchased under the direction of the secretary at war, upon proposals to be received, to be based on notices
previously to be given; and all merchandise required at the making of any Indian treaty shall be purchased under the order of the commissioners, by such person as they shall appoint, or by such person as shall be designated by the President for that purpose. And all other purchases on account of the Indians, and all payments to them of money or goods, shall be made by such person as the President shall designate for that purpose. And the superintendent, agent, or sub-agent, together with such military officer as the President may direct, shall be present, and certify to the delivery of all goods and money required to be paid or delivered to the Indians. And the duties required by any section of this act, of military officers, shall be performed without any other compensation than their actual travelling expenses; and all persons whatsoever, charged or trusted with the disbursement or application of money, goods, or effects of any kind, for the benefit of the Indians, shall settle their accounts annually, at the war department, on the first day of October; and copies of the same shall be laid, annually, before Congress at the commencement of the ensuing session, by the proper accounting officers; together with a list of the names of all persons to whom money, goods, or effects had been delivered within said year, for the benefit of the Indians, specifying the amount and object for which it was intended, and showing who are delinquents, if any, in forwarding their accounts according to the provisions of this act; and, also, a list of the names of all persons appointed or employed under this act, with the dates of their appointment or employment, and the
salary and pay of each. Persons em $14. And be it further enacted, That no person employed in ployed in the the Indian department shall have any interest or concern in any