Chapter 20

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 _And be it further enacted_, That the following acts and parts of acts shall be, and the same are hereby, repealed, namely: An act to make provision relative to rations for Indians, and to their visits to the seat of government,--approved May thirteen, eighteen hundred; an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._

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_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.

7. Where provisions are required for the payment of annuities, at places where there are no military posts, the agent or sub-agent will form a contract, to be based upon proposals, giving at least twenty days' public notice, specifying the quantity of provisions, and the day, and place, and circumstances of issue. In determining the quantity, the agent or sub-agent will estimate, from the best means within his power, the number of Indians that will probably attend; but no contract will be made for a larger amount than may be previously directed by the Commissioner of Indian Affairs.

8. The ration to be issued will consist of one pound of fresh beef, if the same can be had, but if not, then of three-fourths of a pound of salt meat, and three-fourths of a quart of corn or of corn meal, or of one pound of wheat flour, to each person, and of four quarts of salt to every one hundred persons; but no salt will be issued when the Indians receive salt meat.

Returns, specifying the number of Indians, distinguishing men, women, and children, and stating the tribe, will be drawn by the agent or sub-agent on the contractor, and upon these issues will be made. After the business is completed, these returns will be consolidated into an abstract, and certified by the agent or sub-agent, and the military officer, and thereupon payment will be made to the contractor. The abstracts and contracts will be the vouchers for the settlement of the accounts.

9. It is believed that, in most cases, three days' provisions will be found sufficient; viz. one upon the day of arrival, one upon the day of payment, and one upon the day of departure. Should two days, however, be found necessary to complete the payment, four days' provisions may be allowed.