SEC. 462. There shall be in the Department of the Interior a Commissioner of Indian Affairs, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be entitled to a salary (") of three thousand dollars a year. NOTE. (a) Salary was increased to three thousand five hundred dollars in the legislative appropriation act of June 15, 1880 [21 Stats., 231], and further increased to four thousand dollars in the legislative appropriation act of August 5, 1882 [22 Stats., 247]. R... p. 7. Indian Affairs. Commissioner of 9 July, 1832, c. 174, s. 1, 4 Stat., 564. Duties of Commissioner. SEC. 463. The Commissioner of Indian Affairs shall, under the direction of the Secretary of the Interior, and agreeably to such reg. ulations as the President may prescribe, have the management of all s. 1. stat., 564. Indian affairs, and of all matters arising out of Indian relations. 9 July, 1832, c. 174, 27 July, 1868, c. 259, s. 1, 15 Stat.. 228. 3 Mar., 1875, c. 132, s. 8. 9. 18 Stat., 450, post, p. 25. s. Accounts for claims 15 Aug., 1876, c. 289, SEC. 464. All accounts and vouchers for claims and disbursements and disbursements. connected with Indian affairs shall be transmitted to the Commissioner 9 July, 1832, c. 174, for administrative examination, and by him passed to the proper s. 3, 4 Stat., 561. accounting officer of the Department of the Treasury for settlement. 3, 6, 19 Stat., 199, SEC. 465. The President may prescribe such regulations as he may think fit for carrying into effect the various provisions of any act relating to Indian affairs, and for the settlement of the accounts of Indian affairs. [Sec. 466. Repealed by act of March 3, 1891, 26 Stat., 851, post, p. 58.] SEC. 467. The Secretary of the Interior shall adopt such rules as may be necessary to prohibit the sale of arms or ammunition within any district or country occupied by uncivilized or hostile Indians, and shall enforce the same. post. p. 27. ing s. relat to Indian affairs. 30 June, 1834. c. 162, 17. 4 Stat., 73, 35 Fed. Rep., 575. 24 Ct. Cls., 331. Indians prohibited. Sale of arms, etc., to 14 Feb., 1873, c. 138, s.1,17 Stat., 457. Commissioner to re SEC. 468. The Commissioner of Indian Affairs shall annually report, port annually to Conseparately, to Congress, a tabular statement showing distinctly the gress. separate objects of expenditure under his supervision, and how much 2 Mar., 1867, e. 173, disbursed for each object, describing the articles and the quantity of 8.3, 14 Stat., 515. S. Doc. 452, pt 1 -1 1 Reports of Indian supplies. 14 Feb. 1975, c. 188, 3 Mar., 1875, c. 132, s. 7, 17 Stat., 463. s. 8, 18 Stat., 450. each, and giving the name of each person to whom any part was paid, and how much was paid to him, and for what objects, so far as they relate to the disbursement of the funds appropriated for the incidental, contingent, or miscellaneous expenses of the Indian service, during the fiscal year next preceding each report. NOTE. By the act of Mar. 3, 1875, 18 Stat., 450 (post, p. 25), the Secretary of the Interior is required to report to Congress the items paid out of the appropriation for the previous year. By the act of Aug. 15, 1876, 19 Stat., 176 (post, p. 27), the Commissioner is required to report annually a statement of all bids, proposals and awards. By the act of Mar. 2, 1887, 24 Stat., 449 (post, p. 36) the Secretary is required to report annually the expenditure of the education fund and statistics as to the various schools. SEC. 469. The Commissioner of Indian Affairs shall embody in his annual report the reports of all agents or commissioners issuing food, clothing, or supplies of any kind to Indians, stating the number of Indians present and actually receiving the same. NOTE. By the act of Mar. 3, 1875, 18 Stat., 450 (post, p. 25), this report is required to be made on the first day of the session. R. S., p. 197. Claims growing out of treaties not cognizable therein. 3 March, 1863, c. 92, s. 9, 12, Stat. 767. Ex parte Atocha, 17 Wall., 439. SEC. 1066. Claims growing out of treaties not cognizable therein. * * * * SEC. 1066. The jurisdiction of the said court shall not extend to any claim against the Government not pending therein on December one, eighteen hundred and sixty-two, growing out of or dependent on any treaty stipulation entered into with foreign nations or with the Indian tribes. R. S., p. 202. Composition of the Army. 28 July, 1866, c. 299, s. 6, 14 Stat. 333. 24 July 1876, c. 226, s. 1, 19 Stat., 97. 12 Stat. 131. SEC. 1094. The Army of the United States shall consist of A force of Indian scouts not exceeding one thousand. SEC. 1112. The President is authorized to enlist a force of Indians, Aug. 1876, c. 263, 19 not exceeding one thousand, who shall act as scouts in the Territories and Indian country. They shall be discharged when the necessity for their service shall cease, or at the discretion of the department com R. S., p. 204. Indian scouts. 28 July, 1866, c. 299, s. mander. 6, 14 Stat., 333. 1, 19 Stat., 97. 24 July, 1876, c. 226, s. NOTE.-The Army appropriation act for 1877, passed July 24, 1876, provided payment for only three hundred Indian scouts, but the act of August 12, 1876, repealed 19 Stat., 131. 16 Opin the implied limitation, and sections 1094 and 1112 were continued in force. (Post page 27.) Indian scouts. SEC. 1276. Indians, enlisted or employed by order of the President Sp. 221. as scouts, shall receive the pay and allowances of cavalry soldiers. 28 July, 1866, c. 299, s. 6,14 Stat., 333. 1839. Right of Indians in person and 1840. Authority to regulate Indians. property not impaired by this SEC. 1839. Nothing in this Title shall be construed to impair the rights of person or property pertaining to the Indians in any Territory, so long as such rights remain unextinguished by treaty between the United States and such Indians, or to include any Territory which, by treaty with any Indian tribe, is not, without the consent of such tribe, embraced within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries, and constitute no part of any Territory now or hereafter organized until such tribe signifies its assent to the President to be embraced within a particular Territory. R. S., p. 325. person and property Title, etc.; bounda c. N. Mex., 9 Sept., 1850, 49, s. 2, 9 Stat., 447. Utah, 9 Sept., 1850, c. 51, s. 1, 9 Stat., 453. Colo., 28 Feb., 1861, c. 59, s. 1, 12 Stat., 172. Idaho, 3 March, 1863. c. 117, s. 1, 12 Stat., 808, Dak., 2 March, 1861, c. 86, s. 1, 12 Stat. 239. Ariz., 24 Feb., 1863. c. 56, s. 1, 12 Stat., 664. Sec. TITLE XXVIII.-Indians. CHAPTER 1.—Officers of Indian affairs; their duties and compensation. 2039. Board of Indian commissioners. 2044. Salary and expenses. 2047. Four superintendents abolished, as- 2048. Term of office. 2049. Bond. 2050. Duties of superintendents. ents. 2052. Indian agents, appointments, sala- 2053. Services of certain agents and super- Sec. 2057. Bond of Indian agents. 2059. Discontinuance and transfer of 2060. Residence of Indian agents. 2062. 2063. Officers of the Army may be required 2065. Appointment of sub-Indian agents. 2070. Salaries of interpreters. Sec. R. S., p. 359. Board of Indian commissioners. 10 April, 1869, c. 16, 15 July, 1870, c. 296, s. 4, 16 Stat., 40. s. 3, 16 Stat., 360. 17 May, 1882, c. 163, 22 Stat., 70. Secretary to the commissioners. 2073. Discontinuance of the offices of sub- 2075. Additional security. Sec. 2076. Compensation prescribed to be in full. 2077. Allowance for traveling expenses. 2078. Persons employed in Indian affairs not to trade with the Indians. SEC. 2039. There shall be a board of Indian commissioners, composed of not more than ten persons, appointed by the President solely, from men eminent for intelligence and philanthropy, and who shall serve without pecuniary compensation. SEC. 2040. The board of commissioners mentioned in the preceding section shall have power to appoint one of their own number as secre15 July, 1870, c. 296, tary, who shall be entitled to such reasonable compensation as the board may designate, payable from any moneys appropriated for the expenses of the board. s. 3, 16 Stat., 360. R. S., p. 360. of office. [SECS. 2041 and 2042. By the act of May 17, 1882, post page 29, the power of the commission is restricted to visiting and inspecting agencies and other branches of the Indian service, and to inspecting goods purchased. The Commissioner of Indian Affairs is required to consult with them in the purchase of supplies.] SEC. 2043. There shall be appointed by the President, by and with dian inspectors; term the advice and consent of the Senate, a sufficient number of Indian inspectors, not exceeding five in number, to perform the duties required 14 Feb., 1873, c. 138, of such inspectors by the provisions of this Title. Each inspector shall hold his office for four years, unless sooner removed by the President. s. 6, 17 Stat. 463. ses. Salary and expen Ibid. Powers and duties of inspectors. Ibid. NOTE. By the act of March 3, 1875, post page 23, the number of inspectors was reduced to three, notwithstanding which subsequent appropriations are for five and more inspectors. By the act of June 28, 1898, post page 100, an inspector for the Indian Territory is provided. SEC. 2014. Each inspector shall receive an annual salary of $3,000 and his necessary traveling expenses, not exceeding ten cents a mile for actual travel while in the discharge of his duty, a statement of which expenses as to each inspector shall accompany the annual report of the Secretary of the Interior. NOTE. For allowance to the inspector located in Indian Territory, see the act of March 3, 1901, post page 111. SEC. 2045. Each Indian superintendency and agency shall be visited and examined [as often as twice a year by one or more of the inspectors.] Such examination shall extend to a full investigation of all matters pertaining to the business of the superintendency or agency, including an examination of accounts, the manner of expending money, the number of Indians provided for, contracts of all kinds connected with the business, the condition of the Indians, their advancement in civilization, the extent of the reservations, and what use is made of the lands set apart for that purpose, and, generally, all matters pertaining to the Indian service. For the purpose of making such investigations, each inspector shall have power to examine all books, papers, and vouchers, to administer oaths, and to examine on oath all officers and persons employed in the superintendency or agency, and all such other persons as he may deem necessary or proper. The inspectors, or any of them, shall have power to suspend any superintendent or agent or employé, and to designate some person in his place temporarily, subject to the approval of the President, making immediate report of such suspension and designation; and upon the conclusion of each examination a report shall be forwarded to the President without delay. The inspectors, in the discharge of their duties, jointly and individually, shall have power, by proper legal proceedings, which it shall be the duty of the district attorney of the United States for the appropriate district duly to effectuate, to enforce the laws, and to prevent the violation of law in the administration of affairs in the several agencies and superintendencies. So far as practicable, the examinations of the agencies and superintendencies shall be made alternately by different inspectors, so that the same agency or superintendency may not be examined twice in succession by the same inspector or inspectors. NOTE.-The above provision that inspection shall be made twice a year (inclosed in brackets) is repealed by the act of March 3, 1875, post page 23. [SECS. 2046 to 2051. NOTE.-These sections provide for the office of superintendent, which, under the authority of the act of February 14, 1873, sec. 6, 17 Stat., 463, the President has discontinued.] Indian ap SEC. 2052. The President is authorized to appoint from time to time, pointing agentaria by and with the advice and consent of the Senate, the following Indian agents: Three for the tribes in Oregon. Fourteen for the tribes east of the Rocky Mountains, and north of One for the Pawnees in Nebraska, each with an annual salary of fifteen hundred dollars. Four for the tribes in California, at an annual salary of eighteen hundred dollars each. Three for the tribes in Texas. One for the Wichitas and neighboring tribes west of the Choctaws and Chickasaws, at an annual salary of one thousand dollars. NOTE. The provisions of this act appear never to have been conformed to, and agents hold their office and are paid in accordance with the provisions made in the annual appropriation acts, which vary each year. See also post p. 67. 14 Feb., 1873, c. 138, s. 1, 17 Stat., 437. 22 June, 1874, c. 389, 18 Stat., 147. 27 May, 1878, c. 142, 20 Stat., 65. 24 Ct. Cls., 433. Services of certain tendents to be dispensed with. agents and superin SEC. 2053. It shall be the duty of the President to dispense with the services of such Indian agents and superintendents as may be practicable; and where it is practicable he shall require the same person to perform the duties of two agencies or superintendencies for one salary. Ibid. p. 438. SEC. 2054. Whenever any one or more of the superintendencies is 18 Stat., pp. 147 and abolished by law, or discontinued by the President, the Indian agents 197 Indian agents to rein such superintendencies shall report directly to the Commissioner of port to Commissioner Indian Affairs. [SEC. 2055. NOTE.-This section, fixing the salary of Indian agents, was superseded by numerous appropriation acts making temporary provisions for the salaries received by the various agents, and the rate has been permanently fixed in the act of August 15, 1894, post page 67.] 22 June, 1874, c. 389, in certain cases. s. 15 July, 1870. c. 296, 6, 16 Stat., 360. Term of office. Feb. 27, 1851, 9 Stat., 587. SEC. 2056. Each agent shall hold his office for the term of four years, 40. [and until his successor is duly appointed and qualified.] NOTE. As amended by the act of May 17, 1882, post page 29. SEC. 2057. Each Indian agent, before entering upon the duties of his office, shall give bond in such penalties and with such security as the President or the Secretary of the Interior may require. Apr. 8, 1864, 13 Stat., Bond of Indian agents. 27 Feb., 1851, 14, s. 6, 9 Stat., 587. p. 23. 3 Mar., 1875, post 74 Fed. R., 153: 9 Sawyer, 159; 81 Fed. R., 941. |