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(ACT of March 30th, 1802.) thorized, as aforesaid, in arresting such offender, and him committing to safe custody for trial according to law.
20. Sec. xvii. The amount of fines, and duration of imprisonment, directed by this act as a punishment for the violation of any of the provisions thereof, shall be ascertained and fixed, not exceeding the limits prescribed, in the discretion of the court before whom the trial shall be had; and that all fines and forfeitures which shall accrue under this act, shall be one-half to the use of the informant, and the other half to the use of the United States: except where the prosecution shall be first instituted on behalf of the United States, in which case the whole shall be to their use.
21. Sec. XIX. Nothing in this act shall be construed to prevent any trade or intercourse with Indians living on lands surrounded by settlements of the citizens of the United States, and being within the ordinary jurisdiction of any of the individual states; or the unmolested use of a road from Washington district to Mero district, or to prevent the citizens of Tennessee from keeping in repair the said road, under the direction or orders of the governor of said state, and of the navigation of the Tennessee river, as reserved and secured by treaty; nor shall this act be construed to prevent any person or persons travelling from Knoxville to Price's settlement, or to the settlement on Obed's river, (so called,) provided they shall travel in the trace or path which is usually travelled, and provided the Indians make no objection; but if the Indians object, the president of the United States is hereby authorized to issue a proclamation, prohibiting all travelling on said traces, or either of them, as the case may be, after which the penalties of this act shall be incurred by every person travelling or being found on said traces, or either of them, to which the prohibition may apply, within the Indian boundary, without a passport.
22. Sec. xx. The president of the United States is hereby authorized to cause to be clearly ascertained, and distinctly marked, in all such places as he shall deem necessary, and in such manner as he shall direct, any other boundary lines between the United States and any Indian tribe, which now are, or hereafter may be, established by treaty.
23. Sec. xxi. The president of the United States is authorized to take such measures, from time to time, as to him may appear expedient, to prevent or restrain the vending or distributing of spirituous liquors among all or any of the said Indian tribes, any thing herein contained to the contrary thereof notwithstanding. Sec. XXI1. This act shall be in force from the
thereof; and so far as respects the proceedings under this act, it is to be understood that the act, entitled “ An act to amend an act, entitled “ An act giving effect to the laws of the United States within the district of Tennessee," is not to operate.
ACT of March 20, 1811. 4 Bioren, 340.
An act for establishing trading houses with the Indian tribes. 24. Sec. 1. It shall be lawful for the president of the United States to establish trading houses, at such posts and places on the frontiers, or in the Indian country, on either or both sides of the Mississippi river, as he shall judge most convenient, for the purpose of carrying on a liberal trade with the several Indian nations within the United States or their territories.
25. Sec. 11. The president of the United States shall be authorized to appoint a superintendent of Indian trade, whose duty it shall be to purchase and take charge of all goods intended for trade with the Indian nations aforesaid, and to transmit the same to such places as he shall be directed by the president; and he shall take an oath or affirmation, faithfully to execute the trust committed to him: and that he will not, directly or indirectly, be concerned or interested in any trade, commerce, or barter, restricted by this law, and except on the public account; and he shall also give bond, in the penal sum of twenty thousand dollars, with sufficient security, to be approved of by the secretary of the treasury of the United States, truly and honestly to account for all money, goods, and other property whatever, which shall come into his hands, or for which, in good faith, he ought so to account, and to perform all the duties required of him by this act; and he shall render to the secretary of the treasury a quarter yearly account of all his receipts and expenditures of cash, purchases, and transmittals, of goods, for the Indian trade, to be settled and adjusted by the accounting officer of the treasury, as other public accounts.
Sec. II. The superintendent of Indian trade shall receive an annual salary of two thousand dollars, payable quarter yearly, at the treasury of the United States.
Sec. iv. The president of the United States shall be authorized to appoint an agent, (and, when he shall deem it proper, an assistant agent,) for each trading house establishment, established under the provisions of this act; and every such agent and assistant agent shall give bond, with sufficient security, in such sum as the president shall direct, truly, and honestly to account for all the money, goods, and other property whatever, which shall come into his hands, and for which he ought so to account; and to perform all the duties required of him by this act; and shall take an oath or affirmation, faithfully to execute the trust committed to him, and that he will not, directly or indirectly, be concerned or interested in any trade, commerce, or barter, but on the public account.
Sec. v. It shall be the duty of each of the said agents to receive, from the superintendent of Indian trade, and dispose of in trade with the Indian nations aforesaid, such goods as may be transmitted to him by the superintendent, to be received and disposed of as aforesaid, according to the rules and orders which the president of the United States shall prescribe; and he shall render an account, quarter yearly, to the superintendent of Indian trade,
(ACT of March 20, 1811.) of all money, goods, and other property whatsoever, which shall be transmitted to him, or which shall come into his hands, or for which, in good faith, he ought to account; and he shall transmit duplicates of his accounts to the secretary of the treasury of the United States.
Sec. vI. The superintendent of Indian trade, the agents, or their clerks, or other persons employed by them, shall not be, directly or indirectly, concerned or interested in carrying on trade or commerce in any of the goods or articles bought for, or supplied to, or received from, the Indians, or shall be owner, in whole or in part, of any sea vessel, or shall take or supply to his or their use any gain or eniolument for negotiating or transacting any business in the Indian department, other than what shall be allowed by law; and that the said agents, assistant agents, or any persons employed by them, shall not be, directly or indirectly, concerned or interested in carrying on the business of trade or commerce, their own or any other than the public account, or take or apply, to his or their use, any emolument or gain for negotiating any such business, during their appointment, agency, or employment, respectively, other than provided by this act, or excepting for and on account of the United States; and if any
shall offend against any of the prohibitions aforesaid, he shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, forfeit to the United States a sum not exceeding one thousand dollars, and shall be removed from such office, agency, or employment, and forever thereafter be incapable of holding any office under the United States: Provided, That if any person, other than a public prosecutor, shall give information of any such offence, upon which a prosecution and conviction shall be had, one half of the aforesaid penalty, when recovered, shall be for the use of the person giving such information: And provided also, That if such misdemeanor be committed by the superintendent of Indian trade, or by any agent or assistant agent, it shall be deemed a breach of the condition of his bond, and the penalty thereof may be recovered in any court having competent jurisdiction of the same.
Sec. vii. The prices of goods supplied to, and to be paid for by, the Indians, shall be regulated in such manner, that the capital stock furnished by the United States shall not be diminished.
Sec. vi. If any agent or agents, their clerks, or other person employed by them, shall purchase or receive from any Indian, in the way of trade or barter, any gun, or other article commonly used in hunting, any instrument of husbandry, or cooking utensil, of the kind usually obtained by Indians in their intercourse with white people, or any article of clothing, excepting skins or furs, he or they shall, respectively, forfeit the sum of one hundred dollars for each offence, to be recovered, by action of debt, in the name and to the use of the United States, in any court having jurisdiction in like cases: Provided, That no suit shall be commenced, ex(ACT of March 20, 1811.) cept in the state or territory within which the cause of action shall have arisen, or in which the defendant may reside; and it shall be the duty of the superintendent of Indian trade, or of the superintendents of Indian affairs, and their deputies, respectively, to whom information of every such offence shall be given, to collect the requisite evidence, if attainable, to prosecute the offender without delay.
Sec. ix. The goods requisite for annuities to the Indian na. tions, within the United States and the territories thereof, and for treaties with them, and for presents to be made them at the seat of government, or elsewhere, shall, henceforward, be purchased and transmitted to the proper posts and places, by the superintendent of Indian trade, upon orders from the department of war, and the accounts therefor shall be rendered to the war department.
Sec. X. During the continuance of this act, the annual sum of two thousand dollars, for the payment of the salary of the superintendent of Indian trade, and the annual sum of two thousand five hundred dollars, for the payment of the clerks in his office (including the sum of eight hundred dollars, allowed for an additional clerk, by the act passed on the twenty-sixth day of February, one thousand eight hundred and ten,) are hereby appropriated, to be paid out of any inoney in the treasury of the United States, not otherwise appropriated.
Sec. XI. During the continuance of this act, the president of the United States, is hereby authorized to draw, annually from the treasury of the United States, a sum not exceeding fourteen thousand seven hundred and fifty dollars, to be applied, under his direction, to the payment of the agents, assistant agents, and clerks, at the trading houses; which agents shall be allowed to draw, out of the public supplies, two rations each, and each clerk one ration, per day, which rations, or such payments as may be made in lieu thereof, by the order of the president, shall be charged to the trading fund; and the president shall cause an annual report to be made to congress of how much of the sum so authorized has been drawn, and in what manner the same has been applied.
26. Sec. xi. The sum of two hundred and sixty thousand dollars, appropriated by the tenth section of the act, entitled, “ An act for establishing trading houses with the Indian tribes,” approved twenty-first April, one thousand eight hundred and four, and the sum of forty thousand dollars, appropriated by the act, entitled “ An act supplemental to the act, entitled “ An act for establishing trading houses with the Indian tribes,” approved third March, one thousand eight hundred and nine, shall be, and remain a fund for the purpose of carrying on trade and intercourse with the Indian nations, in the manner provided by this act, exclusive of the salary of the superintendent of Indian trade, and of the allowances to agents, assistant agents, and clerks.
27. Sec. Xm. It shall be the duty of said superintendent of In(ACT of April 29th, 1816.) dian trade, under the direction of the president of the United States, and upon such terms, and conditions as he shall prescribe, to cause the furs and peltry, and other articles, acquired in trade with the Indian nations, to be sold at public auction, in different parts of the United States, or otherwise disposed of, as may be deemed most advantageous to the United States.
Sec. xiv. If the president should deem it expedient to establish, under the authority of this act, trading houses, in addition to the number now in operation, for the purposes of carrying on a trade with the Indian tribes within the United States or their territories, the expenses for each trading house so established, shall not exceed the following sums of money, in addition to the appropriations already made by this act, viz: For the principal agent, an annual sum, not exceeding one thousand dollars; for an assistant agent, if necessary, an annual sum, not exceeding five hundred dollars; to be drawn by the president out of any moneys in the treasury, not otherwise appropriated.
Sec. xv. [Acts of April 21st, 1806, and March 4th, 1809, repealed:] Provided, 'That nothing herein contained shall be construed to exonerate any person who shall not have performed the duty, or who shall have violated any of the prohibitions, contained in the said acts, from suits or prosecutions; but as to all bonds, contracts, debts, demands, rights, penalties, punishments, which have been made, have arisen, or have incurred, or which shall be made, arise, or be incurred, previous to the first day of April next, the said acts shall have the same force and effect as though this act had not been passed: Provided, likewise, That the superintendent of Indian trade, the agents, assistant agents, and other persons employed under the aforesaid acts, shall continue to hold their several offices, appointments, and trusts, until otherwise removed, any thing herein contained, that might be construed to the contrary, notwithstanding; and also the bonds which they, or either of them, have given, or may give, for the faithful execution of their several duties and offices, shall continue to have the same force and effect, to all intents and purposes, as though this act had not been passed.
Sec. xvi. [This act limited, but continued afterwards by act of March 3d, 1815, 4 Bioren, 847, until March 4th, 1817; and by the act of March 3d, 1817. Pamphlet edition, 229, until May 1st, 1818, and see Infra, 33.]
ACT of April 29th, 1816. Pamphlet edit, 135. 28. Sec. 1, Licenses to trade with the Indians within the territorial limits of the United States shall not be granted to any but citizens of the United States, unless by the express direction of the president of the United States, and upon such terms and conditions as the public interest may, in his opinion, require.