Chapter IX: Part 9

No material alteration has taken place during the past year in the condition of the Cherokees. The question of emigration finds them still divided, and a considerable portion appear to be insensible of the manifest benefits accruing from its adoption. Without tolerable unanimity, it is impossible to proceed with it advantageously to all parties interested in the general issue. In the mean time, the division has engendered much malignancy, and the opposing parties appear to evince a rancour bordering on hostility. Occasionally their animosity has broken out into acts of violence, and, in one instance, resulted in the death of a very meritorious and much regretted individual. On his return from their National Council at Red Clay, in August last, where the question of emigration was agitated in a tumultuous and excited meeting, John Walker, jun. one of their leading men friendly to its adoption, was waylaid and shot. The necessary orders for the arrest of the assassins were promptly issued by Governor Carroll, the present executive of Tennessee. Several persons are now in confinement on a charge of having taken part in the murder. Should the occasion call for it, the military will be ordered out for the protection of those who decide on emigration, and of the emigrating officers of the government engaged in this hazardous and responsible service.

A negotiation has been commenced by Governor Lucas, of Ohio, with the band of Wyandots in that State, for a cession of their remaining land, and their removal to the west of the Mississippi; and recent communications furnish strong grounds of belief that under his judicious management it will be eventually brought to a successful close.

The expedition to the far West, under the command of General Leavenworth, undertaken in compliance with orders from the War Department, for the objects therein detailed, proceeded on its route through regions almost unknown, and amid difficulties of the most perplexing nature. In consequence of the death of that brave and lamented officer while in the performance of duty, the command devolved on Colonel Dodge, who returned with the expedition to Fort Gibson, bringing along a number of the chiefs of the Pawnee and Kioway Indians,--bold and warlike tribes, who have entertained no very friendly feelings towards our citizens, between whom and them there had hitherto been but little intercourse. These tribes being borderers on the newly occupied Indian territories, it became imperative to repress their hostile disposition, under the guaranty of the United States to afford adequate protection to the emigrating Indians.

With the view of establishing pacific relations between these and other tribes, a general council was held under the auspices of Colonel Dodge and Major F. W. Armstrong, which resulted in mutual engagements of peace and friendship, fortified by proper intimations on the part of those officers, on behalf of their government, of support to the injured, and punishment to aggressors.

At the general council, impressive speeches were delivered by several chiefs of the Creek, Cherokee, Osage, and Choctaw tribes. In their addresses to the warlike chiefs then assembled, they took occasion substantially to observe, "that their people had opened their ears to the advice which had been given to them, and adopted the habits of the white man, and that by so doing they had become peaceful, prosperous, and happy; that they had relinquished the chase, and cultivated the earth, and that by becoming agricultural they lived in peace, and in the enjoyment of abundance; and that the same inestimable benefits would assuredly await all the tribes who would walk in the same path."

The duties and services of the commissioners west have closed by the expiration of their commission, according to the provisions of the act under which they were appointed. Great benefit has resulted to the various tribes by virtue of their mission. Important treaties were concluded by them, existing divisions were healed, difficulties that threatened collision were settled, and a spirit of peace and conciliation was infused among the Indians through their instrumentality.

There is little mention to be made of Indian hostilities during the past year: they have been few, and those not of an aggravated nature. A steady and onward course is observable among the Indian tribes towards the grand point of civilization. Their long imputed indomitable spirit of revenge, and their eager thirst for war, have undergone a sensible change in the process of meliorating circumstances. The happiest consequences may be anticipated from extending the means of tuition among their young people, from the introduction of mechanical arts into the different tribes, and from the increased attention bestowed on agricultural pursuits, under the patronage of government, throughout the territories of emigration; nor can the gratuitous but useful labours of the missionary, and the inculcation of the pure doctrines of Christianity, be overlooked in the enumeration of means that are conducing to the great end so precious in the sight of the philanthropist, and so dear to the finest sympathies of our nature--the transformation from the cold and barren confines of savage life to the sunny and fertile regions of civilization and religion.

INDIAN SCHOOLS.

The annual donation to the Baptist General Convention is 2,000 dol.; to the American Board of Foreign Missions, 2,200 dol.; to the Roman Catholic Church, 1,300 dol.; to the Methodist Episcopal Church, 400 dol. Other donations are made, upon representations entitled to favourable consideration.

The number of Indian children receiving instruction at the different schools is eighteen hundred. Exclusively of these, there are one hundred and fifty-six Indian scholars at the Choctaw academy in Kentucky, the expense of whose education is defrayed from funds appropriated by the Indians themselves, under treaty provisions with different tribes for this particular object. The flourishing condition of this academy furnishes the best evidence of the sound views and philanthropic motives of those with whom it originated, and leaves the question of Indian improvement in letters and morals upon the social basis no longer doubtful.

_Statement, showing the number of Indian Schools, where established, by whom, the number of teachers and pupils, and the amount allowed by the Government._

----------------------------------------------------------------------------- | Names of tribes. | By whom established. | No. of |No. of |Amount | | | |teachers.|pupils.|allowed.| |---------------------|-----------------------------------------------------| |Mohegan, Connecticut,| | 1 | 22 | 500 | |[6]Senecas, New York,|Baptist Gen'l Convention, | 4 | 140 | 200 | |Tuscaroras, do. | do. do. | 2 | 71 | | |[6]Ottawas, Michigan | do. do. | 3 | 40 | 450 | | Territory | | | | | |Chippewas, do. | do. do. | 3 | 48 | | |[6]Cherokees, North | do. do. | 2 | 21 | 600 | | Carolina, | | | | | |Menomonies, Michigan,|Protestant Episcl. Church,| 5 | 66 | 500 | |Winnebagoes, do. ) | | | | | |Menomonies, do. } |Catholic Church, | 3 | 150 | 1000 | |Ottawas, do. ) | | | | | |Shawanees west of |Methodist Episcl. Church, | 3 | 27 | | | Mississippi, | | | | | |Delawares, do. | do. do. | 2 | 23 | | |Peorias, do. | do. do. | 2 | 18 | | |Kickapoos, do. | do. do. | 2 | 70 | | |Cherokees, do. |Baptist Gen'l Convention, | 2 | 25 | | |[7]Creeks, do. | do. do. | 4 | | | | | |--------------------------| | | | 38 | 721 | | -----------------------------------------------------------------------------

FOOTNOTES:

[6] The Convention also support one district school among the Ottawas and Cherokees, and three among the Senecas.

[7] Two of these teachers are natives.

_Statement showing the amount and disposition of the funds provided by treaties for purposes of education._

---------------------------------------------------------------------------- |Tribes. |Date of treaty.| Amount. |Disposition of the funds.| |--------------------------------------------------------------------------| |Miamies, |Oct. 23, 1826 | 2,000 00|Choctaw Academy. | |Pottawatamies, |Oct. 16, 1826 | 2,000 00| do. | |Do. |Sept. 20, 1828 | 1,000 00| do. | |Do. |Oct. 27, 1832 | 2,000 00| do. | |Winnebagoes, |Sept. 15, 1832 | 3,000 00|School, Prairie du Chien.| |Chippewas, |Sept. 24, 1819 | 1,000 00|Baptist Gen. Convention. | |Chippewas, } |Aug. 11, 1827 | 1,500 00|Protestant Epis. Church. | |Menomonies, &c.} | | | | |Menomonies, |Feb. 8, 1831 | 500 00| do. | |Sacs, Foxes, & others,|July 15, 1830 | 3,000 00|Choctaw Academy. | |Kickapoes, |Oct. 24, 1822 | 500 00|School in the nation. | |Shawanees & Delawa's, |Oct. 26, 1832 | 500 00| do. | |Choctaws, |Sept. 27, 1830 |12,500 00| do. | |Creeks, east, |Mar. 24, 1832 | 3,000 00|Choctaw Academy. | |Cherokees, west, |May 6, 1828 | 2,000 00|School in the nation. | |Floridas, |Sept. 18, 1823 | 1,000 00|Choctaw Academy. | |Creeks, |Feb. 14, 1833 | 1,000 00| do. | |Quapaws, |May 13, 1833 | 1,000 00|Not disposed of. | |Otoes and Missourias, |Sept. 21, 1833 | 500 00| do. | |Pawnees, |Oct. 9, 1833 | 1,000 00| do. | |Chickasaws, |May 24, 1834 | 3,000 00|Choctaw Academy. | ----------------------------------------------------------------------------

These tables exhibit the number of teachers and pupils at the schools, of the condition of which reports have been received.

In all of them instruction is imparted in reading, writing, arithmetic, and geography. At many of them the boys are initiated in branches of the mechanic arts, and cultivate the soil. At the Tuscarora station, in New York, tuition is imparted on the plan adopted for infant schools, and with marked success. The temperance society contains eighty members, the sabbath school thirty pupils, and fifty are united to the church. The children at the Mohegan school, in Connecticut, are employed on farms cultivated by natives: others of the youth of this band enter on board the ships in the whale fishery: and, as an indication of a spirit of enterprise and industry, the wish of some to cultivate the mulberry-tree, with a view to the establishment of a silk manufactory, may be cited.

The American Board of Foreign Missions propose to print at the Union station, in the Cherokee country west of the Mississippi, books in the languages of the Cherokees, Creeks, Choctaws, and Osages; and the Rev. Mr. M'Coy, under the auspices of the Baptist General Convention, has issued proposals for publishing a semi-monthly periodical at the Shawanee mission, three hundred miles west of St. Louis. Several books have been printed at this press in the languages of the different tribes. The object of Mr. M'Coy and his associates is to furnish historical sketches of past, and notices of present occurrences, including the transactions of the general government and of societies.

The Choctaw academy, in Kentucky, contains one hundred and fifty-six pupils; this number will be increased by fifteen Chickasaws, as the chiefs of that tribe have recently requested their education money might be expended at this institution. The inspectors, in their last report, represent the academy to be in a highly prosperous condition; the buildings erected to be upon a plan convenient and economical; the provision made for the comfort and health of the scholars to be liberal; and the care taken to promote their moral and intellectual advancement kind and parental. The buildings and school apparatus are valued at eight thousand dollars. The cost of winter clothing for each scholar is estimated at forty-six dollars and twenty-two cents, of the summer clothing at thirty-one dollars and eighty-six cents. This academy, conducted judiciously, will, at no distant day, send forth scholars competent to teach others, and thus accomplish the object of Congress, indicated by its legislation at the last session.

Upon the recommendation of two members of Congress, aid has been rendered to Morris B. Pierce, a Seneca, who is now at Thetford academy, Vermont, fitting himself to enter Dartmouth college, in New Hampshire.

* * * * *

_An Act to regulate trade and intercourse with the Indian Tribes, and to preserve peace on the frontiers._

SEC. 1. _Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled_, That all that part of the United States west of the Mississippi, and not within the 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 title has not been extinguished, for the purposes of this act, be taken and deemed to be the Indian country.

SEC. 2. _And be it further enacted_, That no person shall be permitted to trade with any of the Indians (in the Indian country) without a licence therefor from a superintendent of Indian affairs, or Indian agent or sub-agent, which licence 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 licence shall give bond in a penal sum 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 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 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 licence; and it shall be the duty of the persons granting or revoking such licences, forthwith to report the same to the Commissioner of Indian Affairs, for his approval or disapproval.

SEC. 3. _And be it further enacted_, That any superintendent or agent may refuse an application for a licence to trade, if he is satisfied that the applicant is a person of bad character, or that it would be improper to permit him to reside in the Indian country, or if a licence previously granted to such applicant has been revoked, or a forfeiture of his bond decreed. But 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 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 licences 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.

SEC. 4. _And be it further enacted_, That 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 licence, shall forfeit all merchandize offered for sale to the Indians, or found in his possession, and shall moreover forfeit and pay the sum of five hundred dollars.

SEC. 5. _And be it further enacted_, That no licence 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.

SEC. 6. _And be it further enacted_, That 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 officer 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.

SEC. 7. _And be it further enacted_, That if any person other than an Indian shall, within the Indian country, purchase or receive of 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.

SEC. 8. _And be it further enacted_, That 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.

SEC. 9. _And be it further enacted_, That if any person shall drive, or otherwise convey, any stock of horses, mules, or cattle, to range and feed on any land belonging to an 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.

SEC. 10. _And be it further enacted_, That 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.

SEC. 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.

SEC. 12. _And be it further enacted_, That no purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from an 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.

SEC. 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.

SEC. 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.

SEC. 15. _And be it further enacted_, That 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 United States, he shall forfeit the sum of one thousand dollars.

SEC. 16. _And be it further enacted_, That 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, or destroyed, and a conviction is had for such crime, offence, or misdemeanor, the person so convicted shall be 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 offender cannot be apprehended and brought to trial, the amount of such property shall be paid out of the treasury, as aforesaid.

SEC. 17. _And be it further enacted_, That 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 within such country, or shall pass from the Indian country into any state or territory inhabited by citizens 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 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, 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 legal apprehension and punishment of any Indians having so offended.

SEC. 18. _And be it further enacted_, That the superintendents, agents, and sub-agents, within their respective districts, be and are hereby authorized 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.

SEC. 19. _And be it further enacted_, That it shall be the duty of the superintendents, agents, and sub-agents to endeavour 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 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.

SEC. 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 sub-agent, 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 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 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 licence shall be revoked and his bond put in suit. And it shall moreover be lawful for 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.

SEC. 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.

SEC. 22. _And be it further enacted_, That 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 person, whenever the Indian shall make out a presumption of title in himself from the fact of previous possession or ownership.

SEC. 23. _And be it further enacted_, That 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 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 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.

SEC. 24. _And be it further enacted_, That, 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 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 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.

SEC. 25. _And be it further enacted_, That 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.

SEC. 26. _And be it further enacted_, That 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.

SEC. 27. _And be it further enacted_, That 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.

SEC. 28. _And be it further enacted_, That 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.

SEC. 29. _And be it further enacted_, That 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; 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 twenty-nine, 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 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 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 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 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.

SEC. 30. _And be it further enacted_, That until a Western Territory shall be established, the two agents for the Western Territory, as provided in the act for the organization of the Indian Department, this day approved by the President, shall execute the duties 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._

* * * * *

_An Act to provide for the Organization of the Department of Indian Affairs._

SEC. 1. _Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled_, That the duties of the Governors of the Territories of Florida and Arkansas, as superintendents of Indian affairs, shall hereafter cease, and the duties of the Governor of the Territory of Michigan, as superintendent of Indian affairs, shall cease from and after the establishment of a new territory embracing the country west of Lake Michigan, should such a territory be established. And while the Governor of the said Territory of Michigan continues to act as superintendent of Indian affairs, he shall receive therefor the annual sum of one thousand dollars, in full of all allowances, emoluments, or compensation for services in said capacity.

SEC. 2 _And be it further enacted_, That there shall be a superintendency of Indian affairs for all the Indian country not within the bounds of any state or territory west of the Mississippi river, the superintendent of which shall reside at St. Louis, and shall annually receive a salary of fifteen hundred dollars.

SEC. 3. _And be it further enacted_, That superintendents of Indian affairs shall, within their several superintendences, exercise 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.

SEC. 4. _And be it further enacted_, That the following Indian agents shall be appointed by the President of the United States, by and with the advice and consent of the Senate, who shall hold their offices for the term of four years, and who shall give bond, with two or more securities, in the penal sum of two thousand dollars, for the faithful execution of the same, and shall receive the annual compensation of fifteen hundred dollars:

Two agents for the Western Territory; an agent for the Chickasaws; an agent for the Eastern Cherokees; an agent for the Florida Indians; an agent for the Indians in the State of Indiana; an agent at Chicago; an agent at Rock Island; an agent at Prairie du Chien; an agent for Michilimackinac and the Sault Sainte Marie; an agent for the Saint Peter's; an agent for the Upper Missouri.

And the following agencies shall be discontinued at the periods 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 all other agencies, not provided for in this act, from and after the passing thereof: _Provided_, That the limitation of 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 authorized, 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.

SEC. 5. _And be it further enacted_, That a competent number of sub-agents shall be appointed by the President, with an annual salary of seven hundred and fifty dollars each, to be employed and to reside wherever the President may direct; and who shall give bonds, with one or more sureties, in the penal sum of one thousand dollars, for the faithful execution of the same. But no sub-agent shall be appointed who shall reside within the limits of any agency where there is an agent appointed.

SEC. 6. _And be it further enacted_, That nothing herein contained shall be construed to require the re-appointment of persons now 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.

SEC. 7. _And be it further enacted_, That the limits of each agency and sub-agency shall be established by the Secretary of War, either by tribes or by geographical boundaries. And it shall be the general duty of Indian agents and sub-agents to manage and superintend the intercourse with the Indians within their respective agencies, agreeably 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.

SEC. 8. _And be it further enacted_, That the President of the United States may, from time to time, require additional security, and in larger amounts, from all persons charged or trusted, under the laws of the United States, with the disbursement or application of money, goods, or effects of any kind, on account of the Indian Department.

SEC. 9. _And be it further enacted_, That an interpreter shall be allowed to each agency, who shall receive an annual salary of three hundred dollars: _Provided_, That where there are different 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 by treaty stipulations; and such blacksmiths 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 employment 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.

SEC. 10. _And be it further enacted_, That the compensation prescribed by this act shall be in full of all emoluments or allowances whatsoever: _Provided, however_, That, where necessary, a reasonable allowance or provision may be made for offices and 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_, 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 time exceed sixty days.

SEC. 11. _And be it further enacted_, That the payment of all annuities or other sums stipulated by treaty to be made to any Indian tribe, shall be made to the chiefs of such tribe, or to such person as said tribe shall appoint; or if any tribe shall appropriate their annuities to the purpose of education, or to any other specific use, then to such person or persons as such tribe shall designate.

SEC. 12. _And be it further enacted_, That it shall be lawful for the President of the United States, at the request of any Indian tribe to which any annuity shall be payable in money, to cause the same to be paid in goods, purchased as provided in the next section of this act.

SEC. 13. _And be it further enacted_, That all merchandise required by any Indian treaty for the Indians, payable after making of such treaty, shall be purchased under the direction of the Secretary of 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.

SEC. 14. _And be it further enacted_, That no person employed in the Indian Department shall have any interest or concern in any trade with the Indians, except for and on account of the United States; and any person offending herein shall forfeit the sum of five thousand dollars; and upon satisfactory information of such offence being laid before the President of the United States, it shall become his duty to remove such person from the office or situation he may hold.

SEC. 15. _And be it further enacted_, That the President shall be, and he is hereby, authorized to cause any of the friendly Indians west of the Mississippi river, and north of the boundary of the Western Territory, and the region upon Lake Superior and the head of the Mississippi, to be furnished with useful domestic animals and implements of husbandry, and with goods, as he shall think proper: _Provided_, That the whole amount of such presents shall not exceed the sum of five thousand dollars.

SEC. 16. _And be it further enacted_, That the President be, and he is hereby, authorized to cause such rations as he shall judge proper, and as can be spared from the army provisions without injury to the service, to be issued, under such regulations as he shall think fit to establish, to Indians who may visit the military posts or agencies of the United States on the frontiers, or in their respective nations; and a special account of these issues shall be kept and rendered.

SEC. 17. _And be it further enacted_, That the President of the United States shall be, and he is hereby, authorized to prescribe such rules and regulations as he may think fit for carrying into effect the various provisions of this act, and of any other act relating to Indian affairs, and for the settlement of the accounts of the Indian Department.

SEC. 18. _And be it further enacted_, That all acts, or parts of acts, contrary to the provisions of this act, shall be, and the same are hereby repealed. _Approved, June 30th, 1834._

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_Regulations concerning the payment of Indian Annuities._

1. All annuities payable by treaty stipulations to any Indian tribe will be hereafter paid by a military officer, to be designated for that purpose, under the provisions of the act passed June 30th, 1834, entitled "An act to provide for the organization of the Department of Indian Affairs," except where, from some local cause or other circumstance, it may become necessary to have the payments otherwise made; in which event special instructions for that purpose will be given by the Secretary of War.

2. The officer designated for the above duty will be advised thereof through the proper military office, but the necessary instructions for the execution of the duty will be given by the Commissioner of Indian Affairs.

3. Drafts for the payment of the annuities will be transmitted to such officer, who will procure the necessary funds thereupon, and transport them to the place of payment. The annuities will be paid in specie, except where the Indians are willing to receive bank bills, which, at the place of payment, are equivalent to gold and silver. If the Indians fully understand the value of such bank bills, which are equivalent to gold and silver at the place of payment, and are willing to receive the same to avoid the expense and risk of transportation, bills, under such circumstances, may be paid to them: but the officers making and superintending the payment will take care that the Indians fully understand the matter, and act according to the dictates of their own judgment.

4. When it becomes necessary to pay annuities, instructions will be given by the Commissioner of Indian Affairs to the proper agent or sub-agent, and also to the officer designated to make the payment. The agent or sub-agent will fix upon the time and place, and will advise the officer of the same, and such officer will make his arrangements to have funds ready at the time and place fixed upon.

5. The proper agent or sub-agent will take care that the Indians receive the necessary information, in order that they may assemble at the time and place designated; for that purpose he is authorized to send messages to the tribe, and the expense of such messages will be defrayed upon his certificate by the officer designated to make the payment. It is presumed, however, that the necessary information may be communicated generally without expense; and in no instance will the expenses for this object, for any one agency or sub-agency, be allowed to exceed the sum of one hundred dollars, unless a previous representation of the necessity thereof be made to the War Department and approved.

6. From the situation and circumstances of the various Indian tribes, a uniform rule respecting the issuing of provisions during the payment of annuities cannot be prescribed. Some of the tribes will require no such assistance, while it must be rendered to others. In the instructions issued on the subject of the annuities, the Commissioner of Indian Affairs will designate those agencies or sub-agencies where it will become necessary to provide assistance during the time of payment. In all cases, however, where the payment is made in the vicinity of a military post, the necessary provisions will be issued from the army stores, upon the requisition of the proper agent or sub-agent, and upon the order of the commanding officer, and accounted for in the manner heretofore practised.