Annuities of Indians hostile to United States. 2 Mar.. 1867, c. 173, 8.2.14 Stat.. 515. 3 Mar., 1875, c. 132, SEC. 2100. No moneys or annuities stipulated by any treaty with an Indian tribe for which appropriations are made shall be expended for, or paid, or delivered to any tribe which, since the next preceding payment under such treaty, has engaged in hostilities against the United States, or against its citizens peacefully or lawfully sojourning or post p. 23. traveling within its jurisdiction at the time of such hostilities; nor in such case shall such stipulated payments or deliveries be resumed until new appropriations shall have been made therefor by Congress. And the Commissioner of Indian Affairs shall report to Congress, at each session, any case of hostilities, by any tribe with which the United States has treaty stipulations, which has occurred since his next preceding report. R. S., p. 367. Goods withheld violated treaty stipu tions. SEC. 2101. No delivery of goods or merchandise shall be made to the chiefs of any tribe, by authority of any treaty, if such chiefs have from chiefs who have violated the stipulations contained in such treaty upon their part. SEC. 2102. The Secretary of the Interior shall withhold from any tribe of Indians who may hold American captives, any moneys due them from the United States, until such captives have been surrendered to the lawful authorities of the United States. any tribe 10 Apr., 1869, c. 16, s. 2, 16 Stat., 39. Moneys due Indians holding American captives. 15 May, 1870, Res. No. 62, s. 3, 16 Stat., 377. Contracts with the Indians. 3 Mar., 1871, c. 120, s, 16 Stat., 570. 2, 17 Stat., 136. SEC. 2103. No agreement shall be made by any person with of Indians, or individual Indians not citizens of the United States, for the payment or delivery of any money or other thing of value, in 3, present or in prospective, or for the granting or procuring any privi-21 lege to him, or any other person in consideration of services for said Indians relative to their lands, or to any claims growing out of, or in reference to, annuities, installments, or other moneys, claims, demands, PF Rep., 561: 70 or thing, under laws or treaties with the United States, or official acts Ind., 259: 148 U. S., of any officers thereof, or in any way connected with or due from the United States, unless such contract or agreement be executed and approved as follows: First. Such agreement shall be in writing, and a duplicate of it delivered to each party. Second. It shall be executed before a judge of a court of record, and bear the approval of the Secretary of the Interior and the Commissioner of Indian Affairs indorsed upon it. Third. It shall contain the names of all parties in interest, their residence and occupation; and if made with a tribe, by their tribal authorities, the scope of authority and the reason for exercising that authority, shall be given specifically. Fourth. It shall state the time when and place where made, the particular purpose for which made, the special thing or things to be done under it, and, if for the collection of money, the basis of the claim, the source from which it is to be collected, the disposition to be made of it when collected, the amount or rate per centum of the fee in all cases; and if any contingent matter or condition constitutes a part of the contract or agreement, it shall be specifically set forth. Fifth. It shall have a fixed limited time to run, which shall be distinctly stated. Sixth. The judge before whom such contract or agreement is executed shall certify officially the time when and place where such contract or agreement was executed, and that it was in his presence, and who are the interested parties thereto, as stated to him at the time; the parties present making the same; the source and extent of authority claimed at the time by the contracting parties to make the contract or agreement, and whether made in person or by agent or attorney of either party or parties. All contracts or agreements made in violation of this section shall be null and void, and all money or other thing of value paid to any person by any Indian or tribe, or any one else, for or on his or their behalf, on account of such services, in excess of the amount 3 Mar., 1875, c. 132, 47 Fed. 222; 45 Kans., 411. Payments under contracts restricted. 21 May, 1872. c. 177, 29 Apr., 1874, c. 135, s. 3, 17 Stat., 137. s. 4, 18 Stat., 36. 148 U. S., 222. R. S., p. 368. Penalty for receiv Indians under prohibited contracts. approved by the Commissioner and Secretary for such services, may be recovered by suit in the name of the United States in any court of the United States, regardless of the amount in controversy; and one-half thereof shall be paid to the person suing for the same, and the other half shall be paid into the Treasury for the use of the Indian or tribe by or for whom it was so paid. SEC. 2104. No money shall be paid to any agent or attorney by an officer of the United States under any such contract or agreement, other than the fees due him for services rendered thereunder; but the moneys due the tribe, Indian, or Indians, as the case may be, shall be paid by the United States through its own officers or agents, to the party or parties entitled thereto; and no money or thing shall be paid to any person for services under such contract or agreement, until such person shall have first filed with the Commissioner of Indian Affairs a sworn statement, showing each particular act of service under the contract, giving date and fact in detail, and the Secretary of the Interior and Commissioner of Indian Affairs shall determine therefrom whether, in their judgment, such contract or agreement has been complied with or fulfilled; if so, the same may be paid, and, if not, it shall be paid in proportion to the services rendered under the contract. SEC. 2105. The person so receiving such money contrary to the proing money from visions of the two preceding sections, and his aiders and abettors, shall, in addition to the forfeiture of such sum, be punishable by 3 Mar., 1871. c. 120, s. imprisonment for not less than six months, and by a fine of not less than one thousand dollars. And it shall be the duty of all district attorneys to prosecute such cases when applied to to do so, and their failure and refusal shall be ground for their removal from office. Any Indian agent, or other person in the employment of the United States, who shall, in violation of the provisions of the preceding section, advise, sanction, or in any way aid in the making of such contracts or agreements, or in making such payments as are here prohibited, shall, in addition to the punishment herein imposed on the person making such contract, or receiving such money, be, on conviction, dismissed from the service of the United States, and be forever disqualified from holding any office of profit or trust under the same. SEC. 2106. No assignment of any contracts embraced by section twenty-one hundred and three, or of any part of one shall be valid, unless the names of the assignees and their residences and occupations 29 Apr., 1874, c. 135, be entered in writing upon the contract, and the consent of the Secretary of the Interior and the Commissioner of Indian Affairs to such assignment be also indorsed thereon. 3, 16 Stat., 570. 148 U. S., 222. Assignments of contracts restricted. 21 May, 1872, c. 177, s. 2, 17 Stat., 136. s. 4, 18 Stat., 36. ments to contractors, ted, &c. 3 Mar.. 1871, c. 120, s. 1, 16 Stat., 568. 18 C. Cls., 263. Restriction on pay- SEC. 2107. No payments shall be made by any officer of the United etc., until accounts States to contractors for goods or supplies of any sort furnished to and vouchers submit- the Indians, or for the transportation thereof, or for any buildings or machinery erected or placed on their reservations, under or by virtue of any contract entered into with the Department of the Interior, or any branch thereof, on the receipts or certificates of the Indian agents or superintendents for such supplies, goods, transportation, buildings, or machinery beyond fifty per cent. of the amount due, until the accounts and vouchers shall have been submitted to the executive committee of the board of Indian Commissioners appointed by the President for examination, revisal, and approval; and such board of commissioners shall, without unnecessary delay, forward the accounts and vouchers so submitted to them to the Secretary of the Interior, with the reasons for their approval or disapproval of the same, in whole or in part, attached thereto; and the Secretary shall have power to sustain, set aside, or modify the action of the board, and cause payment to be made or withheld, as he may determine. NOTE. While there is no express repeal of this section, the restriction of the authority of the commission by the act of May 17, 1882, post page 29, apparently renders it ineffective. SEC. 2108. The Secretary of the Interior is directed to cause settlements to be made with all persons appointed by Indian councils to receive moneys due to incompetent or orphan Indians, and to require all moneys found due to such incompetent or orphan Indians to be returned to the Treasury; and all moneys so returned shall bear interest at the rate of six per centum per annum, until paid by order of the Secretary of the Interior to those entitled to the same. No money shall be paid to any person appointed by any Indian council to receive moneys due to incompetent or orphan Indians, but the same shall remain in the Treasury of the United States until ordered to be paid by the Secretary to those entitled to receive the same, and shall bear six per centum interest until so paid. SEC. 2109. Whenever the issue of food, clothing, or supplies of any kind to Indians is provided for, it shall be the duty of the agent or commissioner issuing the same, at such issue thereof, whether it be both of food and clothing, or either of them, or of any kind of supplies, to report to the Commissioner of Indian Affairs the number of Indians present and actually receiving the same. 14 Feb., 1873, c. 13, 7, 17 Stat., 463–464. Mar. 3, 1875, c. 132, s. 4. post p. 24. R. S., p. 369. Rations for Indians. 30 June, 1834. c. 162, s. 16, 4 Stat., 738. 22 June, 1874, c. 389, SEC. 2110. The President is authorized to cause such rations as he deems 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 . 3. 18 Stat., 176. nations; and a special account of these issues shall be kept and rendered. SEC. 2111. Every person who sends 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 law of the United States, or to disturb the peace and tranquillity of the United States, is liable to a penalty of two thousand dollars. s. R. S., p. 369. messages; penalty. 30 June, 1834, c. 161, 8. 13, 4 Stat., 731. Carrying seditious messages; penalty. 30 June, 1834, c. 161, SEC. 2112. Every person who carries or delivers any talk, message, speech, or letter, intended to produce a contravention or infraction of any treaty or law of the United States, or to disturb the peace or tran- s. 14, 4 Stat., 731. quillity of the United States, knowing the contents thereof, to or from any Indian nation, tribe, chief, or individual, from or to any person or persons whatever, residing within the United States, or from or to any subject, citizen, or agent of any foreign power or state, is liable to a penalty of one thousand dollars. with foreign nations SEC. 2113. Every person who carries on a correspondence, by letter Correspondence or otherwise, with any foreign nation or power, with an intent to to excite Indians to induce such foreign nation or power to excite any Indian nation, tribe, war; penalty. chief, or individual, to war against the United States, or to the violation of any existing treaty; or who alienates, or attempts to alienate, the confidence of any Indian or Indians from the Government of the United States, is liable to a penalty of one thousand dollars. 30 June, 1834, c. 161, s. 15, 4 Stat.. 731. See R. S., 5335. General superintendence by the Presi dent over tribes re moved west of the Mississippi. 28 May, 1830, c. 148, ss. 7, 8, 4 Stat., 412. 71 Fed. Rep., 682. Survey of Indian reservations. SEC. 2114. The President is authorized to exercise general superintendence and care over any tribe or nation which was removed upon an exchange of territory under authority of the act of May twentyeighth, eighteen hundred and thirty, "to provide for an exchange of lands with the Indians residing in any of the States or Territories, and for their removal west of the Mississippi;" and to cause such tribe or nation to be protected, at their new residence, against all interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever. SEC. 2115. Whenever it becomes necessary to survey any Indian or other reservations, or any lands, the same shall be surveyed under the 8 Apr., 1864, c. 48, s. direction and control of the General Land-Office, and as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed. 6, 13 Stat., 41. Purchases or grants from Indians. 30 June, 1834, c. 161, s. 12, 4 Stat., 730. Johnson's Lessee v. SEC. 2116. No purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto from any Indian nation or tribe of Indians, shall be of any validity in law or equity, unless the same be made by treaty or convention entered into pursuant to the ConstituMcIntosh, 8 Wh., 543. tion. Every person who, not being employed under the authority of the United States, attempts to negotiate such treaty or convention, directly or indirectly, or to treat with any such nation or tribe of Indians for the title or purchase of any lands by them held or claimed, is liable to a penalty of one thousand dollars. The agent 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 of the United States appointed to hold the same, may, however, 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. Driving stock tofeed on Indian lands. 30 June, 1834, c. 161, SEC. 2117. Every person who drives or otherwise conveys any stock of horses, mules, or cattle, to range and feed on any land belonging to any Indian or Indian tribe, without the consent of such tribe, is liable U.S.. Mattock, 2 to a penalty of one dollar for each animal of such stock. s. 9. 4 Stat.. 730. Saw., 148, 16 Opin., 568. 55 Ark., 401. ing lands belonging to Setting on or survey- SEC. 2118. Every person who makes a settlement on any lands Indians by treaty. belonging, secured, or granted by treaty with the United States to any 30 June, 1834. c., 161, Indian tribe, or surveys or attempts to survey such lands, or to desigWorcester Geor- nate any of the boundaries by marking trees, or otherwise, is liable to 6. Smith, 13 Pet., 195, a penalty of one thousand dollars. The President may, moreover, take Lattimer . Poteet, 14 such measures and employ such military force as [he] may judge necessary to remove any such person from the lands. s. 11, 4 Stat., 730. Pet.. 4; Lowry r. Weav er, 4 McLean, 82. 71 Fed. Rep., 682; 4 Mackey (D. C.), 531; 53 Ark., 12; 1 Cooke (Tenn.), 297; 1 Brunner's Coll. Cases, 240. Protection of In lized life. 14 June, 1862. c. 101, s. 1, 12 Stat., 427. SEC. 2119. Whenever any Indian, being a member of any band or dians desiring civi- tribe with whom the Government has or shall have entered into treaty stipulations, being desirous to adopt the habits of civilized life, has had a portion of the lands belonging to his tribe allotted to him in severalty, in pursuance of such treaty stipulations, the agent and superintendent of such tribe shall take such measures, not inconsistent with law, as may be necessary to protect such Indian in the quiet enjoyment of the lands so allotted to him. 71 Fed. Rep., 682. Indians trespassing upon lands of civilized Indians. s. 2, Stat., 427. SEC. 2120. Whenever any person of Indian blood belonging to a band or tribe which receives or is entitled to receive annuities from 14 June, 1862, c. 101 the United States, and who has not adopted the habits and customs of civilized life, and received his lands in severalty by allotment, as mentioned in the preceding section, commits any trespass upon the lands or premises of any Indian who has so received his lands by allotment, the superintendent and agent of such band or tribe shall ascertain the damages resulting from such trespass, and the sum so ascertained shall be withheld from the payment next thereafter to be made, either to trespass. the band or tribe to which the party committing such trespass shall belong, as in the discretion of the superintendent he shall deem proper; and the sum so withheld shall, if the Secretary of the Interior approves, be paid over by the agent or superintendent to the party injured. SEC. 2121. Whenever such trespasser as is mentioned in the preced-Suspension of chief ing section is the chief or head-man of a band or tribe, the superintendent of Indian affairs in his district shall also suspend the tres- s. 3, 12 Stat., 427. passer from his office for three months, and shall during that time. deprive him of all the benefits and emoluments connected therewith; but the chief or head-man may be sooner restored to his former standing if the superintendent shall so direct. 14 June, 1862, c. 101, Sale of buildings belonging to the United States. 3 Mar., 1843, c. 78, s. SEC. 2122. The Secretary of the Interior is authorized to cause all such buildings belonging to the United States, as have been, or hereafter shall be, erected for the use of their agents, teachers, farmers, mechanics, and other persons employed amongst the Indians, to be sold 1, 5 Stat., 611. whenever the lands on which the same are erected have become the property of the United States, and are no longer necessary for such purposes. Sale of lands with buildings. 3 Mar., 1843, c. 78, s. SEC. 2123. The Secretary of the Interior is authorized to cause to be sold, at his discretion, with each of such buildings as are mentioned in the preceding section, a quantity of land not exceeding one section; 2, 5 Stat., 611. and on the payment of the consideration agreed for into the Treasury of the United States by the purchaser, the Secretary shall make, execute, and deliver to the purchaser a title in fee simple for such lands and tenements. R. S., p. 37 Penalties; how recovered. 29 June, 1834, c. 161, s. 27, 4 Stat., 733. Rep., 426. 9 Sawyer, 155. SEC. 2124. All penalties which shall accrue under this Title shall be sued for and recovered in an action in the nature of 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. 2125. When goods or other property shall be seized for any Proceedings against violation of this Title, 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. goods. 30 June, 1834, c. 161, 8. 28, 4 Stat., 734. SEC. 2126. 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 s. Indian shall make out a presumption of title in himself from the fact of previous possession or ownership. Sec. CHAPTER 4.-Government of Indian country. Sec. 2127. Sale of cattle, etc., of the Indians 2138. Penalty for removing cattle from by agents. 2128. Trading with Indians. 2129. License to trade. 2130. Refusal of license. 2131. Revocation of license. 2132. Prohibition of trade by the President. 2133. Penalty for trading without a li cense. 2134. Penalty upon foreigners entering Indian country without passports. 2135. Prohibited purchases and sales. any district occupied by uncivi lized or hostile Indians. crimes extended to the Indian 2137. Prohibition of hunting on Indian 2146. Exception to the operation of the Burden of proof. 30 June, 1834. c. 161, 22, 4 Stat. 733. 36 Fed. Rep. 457. |