(ACT of March 30th, 1802.) nation or tribe shall neglect or refuse to make satisfaction in a reasonable time, not exceeding twelve months, then it shall be the duty of such superintendent, or other person authorized as aforesaid, to make return of his doings to the president of the United States, and forward to him all the documents and proofs in the case, that such further steps may be taken as shall be proper 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 injured an eventual indemnification: Provided always, 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, by crossing over the line, on any of the Indian lands, he shall forfeit all claim upon the United States for such indemnification: And provided, also, That nothing herein contained shall prevent the legal apprehension or arresting, within the limits of any state or district, of any Indian having so offended: And provided further, That it shall be lawful for the president of the United States to deduct such sum or sums, as shall be paid for the property taken, stolen, or destroyed, by any such Indian, out of the annual stipend which the United States are bound to pay to the tribe to which such Indian shall belong, 17. SEC. XV. The superior courts in each of the said territorial districts, and the circuit courts, and other courts of the United States of similar jurisdiction in criminal causes, in each district of the United States, in which any offender against this act shall be apprehended, or, agreeably to the provisions of this act, shall be brought for trial, shall have, and are hereby invested with, full power and authority to hear and determine all crimes, offences, and misdemeanors, against this act; such courts proceeding therein in the same manner as if such crimes, offences, and misdemeanors, had been committed within the bounds of their respective districts: and in all cases where the punishment shall not be death, the county courts of quarter sessions in the said territorial districts, and the district courts of the United States, in their respective districts, shall have, and are hereby invested with, like power to hear and determine the same, any law to the contrary notwithstanding. And in all cases where the punishment shall be death, it shall be lawful for the governor of either of the territorial districts where the offender shall be apprehended, or into which he shall be brought for trial, to issue a commission of oyer and terminer to the superior judges of such district, who shall have full power and authority to hear and determine all such capital cases, in the same manner as the superior courts of such districts have in their ordinary sessions. And when the offender shall be apprehended or brought for trial into any of the United States, except Kentucky or Tennessee, it shall be lawful for the president of the United States to issue a like commission to any one or more (ACT of March 30th, 1802.) judges of the supreme court of the United States, and the judge of the district in which such offender may have been apprehended or shall have been brought for trial; which judges, or any two of them, shall have the same jurisdiction, in such capital cases, as the circuit court of such district, and shall proceed to trial and judgment in the same manner as such circuit court might or could do. And the district courts of Kentucky, Tennessee, and Maine, shall have jurisdiction of all crimes, offences, and misdemeanors, committed against this act, and shall proceed to trial and judg ment in the same manner as the circuit courts of the United States. 18. SEC. XVI. It shall be lawful for the military force of the United States, to apprehend every person who shall or may be found in the Indian country, over and beyond the said boundary line between the United States and the said Indian tribes, in violation of any of the provisions or regulations of this act, and him or them immediately to convey, in the nearest convenient and safe route, to the civil authority of the United States, in some one of the three next adjoining states or districts, to be proceeded against in due course of law: Provided, That no person apprehended by military force, as aforessid, 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 and soldier who shall be guilty of maltreating any such person while in custody, shall suffer such punishment as a court martial shall direct: Provided, That the officer having custody of such person or persons shall, if required by such person or persons, conduct him or them to the nearest judge of the supreme or superior court of any state, who, if the offence is bailable, shall take proper bail, if offered, returnable to the district court next to be holden in said district; which bail the said judge is hereby authorized to take, and which shall be liable to be estreated as any other recognisance for bail in any court of the United States; and if said judge shall refuse to act, or the person or persons fail to procure satisfactory bail, then the said person or persons are to be proceeded with according to the directions of this act. 19. SEC. XVII. 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 territorial districts of the United States, such offender may be there apprehended and brought to trial, in the same manner as if such crime or offence had been committed within such state or district; and it shall be the duty of the military force of the United States, when called upon by the civil magistrate, or any proper officer, or other person duly authorized for that purpose, and having a lawful warrant, to aid and assist such magistrate, officer, or other person au (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. XVIII. 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. XXII. This act shall be in force from the passage 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 2d, 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. 1. 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. III. 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 2d, 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 emolument 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, on 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 such person 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. VIII. 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 |