The following extracts from Reports of the War Minister, and of the Indian Department, can hardly fail to prove interesting, as they describe correctly the condition of this people, and the care taken for their future security by the American Government. The Reports are authentic, and are taken from an excellent work, the National Calendar for the Year 1835. REPORT OF THE SECRETARY OF WAR.Sir, Since my last annual report, no military movement of any importance, with the exception of the expedition of the regiment of dragoons, has been rendered necessary. It is known to you that some of the Western tribes of Indians, roaming through the extensive prairies west of Arkansas and Missouri, particularly the Camanches and Kiowas, have, for some years, interrupted the peace of that quarter, by predatory attacks upon our citizens, and upon the indigenous and emigrant Indians whom we are under obligations to protect. Their war parties have annoyed our citizens in their intercourse with the Mexican States, and have rendered the communication difficult and The commission for the adjustment of unsettled relations with the Indians west of the Mississippi, terminated by the provisions of the act instituting it, in July last. Important benefits have resulted from the labours of the commissioners in the adjustment of difficult questions connected with the Indians of that region, and in the treaty arrangements which have been entered into by them. The country assigned for the permanent residence of the eastern Indians has been so apportioned among them, that little difficulty is anticipated from conflicting claims, or from doubtful boundaries; and, both in quality and extent, there can be no doubt but that the region allotted to them will be amply sufficient for their comfortable subsistence during an indefinite period of time. An important council has been held at Fort Gibson, by Colonel Dodge, and by Major Armstrong, the superintendent of Indian affairs, with the chiefs of several of the tribes of that quarter, including some of the wandering bands, whose predatory operations have heretofore kept the frontier in alarm. At this council, the situation of the Indians was fully discussed, and amicable relations established. It is to be hoped that the feelings with which they separated will be permanent, and their intercourse hereafter uninterrupted. The united tribe of Pottawatamies, Ottawas, and Chippewas, possessing the country in the vicinity of Chicago, have conditionally acceded to the alteration proposed in the boundaries of the tract assigned for them west of the Mississippi, by the treaty concluded in 1833. Should their proposition be accepted, an extensive and valuable region will be opened for settlement, and they will be removed to a district whose climate is suitable to their An arrangement has been made with the Miamies for the cession of a part of their reservation in the State of Indiana. The tracts held by them are far more extensive than they require; and as they appear to be not yet prepared for removal, this relinquishment, without injuring them, will relieve the State, in some measure, from the embarrassment caused by such large reservations as they possess, embracing a most valuable part of the country, and interrupting the settlements and communication. Instructions were given, immediately after the last session of Congress, for purchasing from the Wyandots in Ohio, if they were disposed to sell, the reservation secured to them in that state, and for their removal to the west. The commissioner, Governor Lucas, conducted the negotiation with great fairness and propriety, fully explaining to the Indians their own position, the wishes of the government, and the course of circumstances urging their removal. The matter is not yet terminated, the Indians having requested time for further consideration. The necessary appropriations will be asked for the removal of the Seminoles, agreeably to the treaty formed with them; and arrangements have been made for the emigration of the Creeks, as fast as they are prepared for a change of residence. There has not yet been sufficient time to ascertain the result of these measures. I am not able to submit to you any more favourable views of the condition of the Cherokees than were embraced in my last annual report. While every dictate of prudence, and, in fact, of self-preservation, urges their The treaty concluded the 24th of May last, with the Chickasaws, has altered the relations in which they were placed with the United States. The proceeds derivable from a portion of their present possessions have been assigned to them, and reservations have also been provided for such as choose to become citizens of the United States. Their future condition now depends upon their own views and experience, as they have a right to remain or remove, in conformity with their own judgment. The means placed at their disposal are fully adequate to their permanent comfortable establishment, and it is to be sincerely hoped that they will apply them wisely. The acts of the last session of Congress, on the subject of Indian affairs, have introduced important changes into those relations. Many of the provisions of former laws had become inappropriate or inadequate, and not suited to the changes which time and circumstances had made. In the act regulating the intercourse with the various tribes, the principles of intercommunication with them are laid down, and the necessary details provided. In that for the re-organization of the department, the number of officers employed has been much reduced, and the current expenses diminished. Any changes which experience may show to be necessary in these acts, can from time to time be provided, until they shall become fully adapted to the situation and condition of the Indians, and to the intercourse, both commercial and political, which ought to exist between them and our government and citizens. The system of removal has changed essentially the prospects of the emigrants, and has imposed new obligations upon the United States. A vast tract of country, containing much more than one hundred millions of acres, has been set apart for the permanent residence of these Indians, and already about thirty thousand have been removed to it. The government is under treaty stipulations to remove nearly fifty thousand others to the same region, including the Illinois and Lake Michigan Indians, with whom a conditional arrangement has been made. This extensive district, embracing a great variety of soil and climate, has been divided among the several tribes, and definite boundaries assigned to each. They will there be brought into juxta-position with one another, and also into contact, and possibly into collision, with the native tribes of that country; and it seems highly desirable that some plan should be adopted for the regulation of the intercourse among these divided communities, and for the exercise of a general power of supervision over them, so far as these objects can be effected consistently with the power of Congress, and with the various treaty stipulations existing with them. It is difficult, indeed, to conceive how peace can be preserved, and the guaranty of protection held out to the eastern Indians fulfilled, without some legislative provision upon this subject. Lew. Cass. CONDITION OF THE ARMY.Extract from the Report of the Major-General of the Army. Since my last annual report, the five companies of the regiment of dragoons, which remained to be raised, have been recruited; and, after having been organized at Jefferson barracks, they took up their march to Fort Gibson, where the head-quarters of the regiment were established, preparatory to entering the Indian country, in conformity to your instructions. In consequence of the lateness of the arrival of these companies at Fort Gibson, and a variety of unforeseen difficulties in obtaining the proper arms and equipments for the regiment, the movement to the west was delayed until the 15th of June. In the mean time, General Leavenworth, who had been appointed to the command of the troops on the western frontier, south of the northern boundary of the State of Missouri, detached one company of that regiment as an escort to the caravan of traders to Santa Fe, in Mexico. He also employed detachments of the third and seventh regiments of infantry in opening roads between the posts on the Arkansas and Red rivers, and in establishing new posts beyond the settlements of the emigrated Indians, for the purpose of facilitating the movements of the expedition, and covering the country occupied by those Indians, in the event of a failure to secure a friendly intercourse with the wild tribes inhabiting the country beyond them. These arrangements having been made, the expedition, consisting of nine companies, under Colonel Dodge, was put in motion, accompanied by a deputation from the Owing to the sickness which prevailed among the troops, the command, on reaching the river Washita, about one hundred and eighty miles west of Fort Gibson, was so much reduced as to render a re-organization of the companies necessary. Colonel Dodge accordingly, out of the effective force, formed six companies, each forty-two strong, and, under instructions from General Leavenworth, continued his march to the Pawnee village, situated on a branch of the Red river. Here Colonel Dodge held a council with the Camanches, the Pawnees, (or Toyaslas,) the Kiowas, and the deputation of Indians which accompanied him, amounting in all to about two thousand persons. He explained the object of the expedition, and was instrumental in bringing about a friendly intercourse between several hostile tribes. He also obtained the surrender of the son of a Mr. Martin, an American citizen, who had been murdered by the Indians, and of a black boy captured by them. A more particular account of the interview between Colonel Dodge and the assembled tribes will be found in the journal of the expedition, annexed to this report. After delivering the two Indian girls to their parents, Colonel Dodge, accompanied by several of the chiefs of the Camanches, Pawnees, and Kiowas, returned with his INDIAN AFFAIRS.Operations under the Indian Department during the year 1834. Measures have been adopted for the execution of the several treaties with the Cherokees, Creeks, Seminoles, Appalachicolas, Quapaws, the united bands of Otoes and Missourias of the river Platte, and the four confederated bands of Pawnees of the Platte and the Loup Fork, all of which were ratified at the last session of Congress. Preparatory steps have also been taken for the removal of the Creeks and Seminoles, and it is expected that a considerable portion of those tribes will be removed beyond the Mississippi during the ensuing season, and find a happier home in the domains set apart for their residence, under the guaranty of the United States. In pursuance of instructions from the department, General William Marshall, Indian agent for the Miamies, opened a negotiation recently with the chiefs of that tribe, for the purchase of their land in the State of Indiana. He has succeeded in procuring from them a cession of two hundred thousand acres, on terms advantageous to The alteration proposed by a resolution of the Senate at the last session of Congress, in the boundaries of the land granted by the Chicago treaty of 1833 to the united nation of Chippewa, Ottawa, and Pottawatamie Indians, has received their assent under certain modifications, specified in their agreement of the 1st of October last. No material alteration has taken place during the past year in the condition of the Cherokees. The question of emigration finds them still divided, and a considerable portion appear to be insensible of the manifest benefits accruing from its adoption. Without tolerable unanimity, it is impossible to proceed with it advantageously to all parties interested in the general issue. In the mean time, the division has engendered much malignancy, and the opposing parties appear to evince a rancour bordering on hostility. Occasionally their animosity has broken out into acts of violence, and, in one instance, resulted in the death of a very meritorious and much regretted individual. On his return from their National Council at Red Clay, in August last, where the question of emigration was agitated in a tumultuous and excited meeting, John Walker, jun. one of their leading men friendly to its adoption, was waylaid and shot. The necessary orders for the arrest of the assassins were promptly issued by Governor Carroll, the present executive of Tennessee. Several persons are now A negotiation has been commenced by Governor Lucas, of Ohio, with the band of Wyandots in that State, for a cession of their remaining land, and their removal to the west of the Mississippi; and recent communications furnish strong grounds of belief that under his judicious management it will be eventually brought to a successful close. The expedition to the far West, under the command of General Leavenworth, undertaken in compliance with orders from the War Department, for the objects therein detailed, proceeded on its route through regions almost unknown, and amid difficulties of the most perplexing nature. In consequence of the death of that brave and lamented officer while in the performance of duty, the command devolved on Colonel Dodge, who returned with the expedition to Fort Gibson, bringing along a number of the chiefs of the Pawnee and Kioway Indians,—bold and warlike tribes, who have entertained no very friendly feelings towards our citizens, between whom and them there had hitherto been but little intercourse. These tribes being borderers on the newly occupied Indian territories, it became imperative to repress their hostile disposition, under the guaranty of the United States to afford adequate protection to the emigrating Indians. With the view of establishing pacific relations between these and other tribes, a general council was held under the auspices of Colonel Dodge and Major F. W. At the general council, impressive speeches were delivered by several chiefs of the Creek, Cherokee, Osage, and Choctaw tribes. In their addresses to the warlike chiefs then assembled, they took occasion substantially to observe, "that their people had opened their ears to the advice which had been given to them, and adopted the habits of the white man, and that by so doing they had become peaceful, prosperous, and happy; that they had relinquished the chase, and cultivated the earth, and that by becoming agricultural they lived in peace, and in the enjoyment of abundance; and that the same inestimable benefits would assuredly await all the tribes who would walk in the same path." The duties and services of the commissioners west have closed by the expiration of their commission, according to the provisions of the act under which they were appointed. Great benefit has resulted to the various tribes by virtue of their mission. Important treaties were concluded by them, existing divisions were healed, difficulties that threatened collision were settled, and a spirit of peace and conciliation was infused among the Indians through their instrumentality. There is little mention to be made of Indian hostilities during the past year: they have been few, and those not of an aggravated nature. A steady and onward course is observable among the Indian tribes towards the grand point of civilization. Their long imputed indomitable INDIAN SCHOOLS.The annual donation to the Baptist General Convention is 2,000 dol.; to the American Board of Foreign Missions, 2,200 dol.; to the Roman Catholic Church, 1,300 dol.; to the Methodist Episcopal Church, 400 dol. Other donations are made, upon representations entitled to favourable consideration. The number of Indian children receiving instruction at the different schools is eighteen hundred. Exclusively of these, there are one hundred and fifty-six Indian scholars at the Choctaw academy in Kentucky, the expense of whose education is defrayed from funds appropriated by the Indians themselves, under treaty provisions with Statement, showing the number of Indian Schools, where established, by whom, the number of teachers and pupils, and the amount allowed by the Government.
FOOTNOTES:Statement showing the amount and disposition of the funds provided by treaties for purposes of education.
These tables exhibit the number of teachers and pupils at the schools, of the condition of which reports have been received. In all of them instruction is imparted in reading, writing, arithmetic, and geography. At many of them the boys are initiated in branches of the mechanic arts, and cultivate the soil. At the Tuscarora station, in New York, tuition is imparted on the plan adopted for infant schools, and with marked success. The temperance society contains eighty members, the sabbath school thirty pupils, and fifty are united to the church. The children at the Mohegan school, in Connecticut, are employed on farms cultivated by natives: others of the youth of this band enter on board the ships in the whale fishery: and, as an indication of a spirit of enterprise and industry, the The American Board of Foreign Missions propose to print at the Union station, in the Cherokee country west of the Mississippi, books in the languages of the Cherokees, Creeks, Choctaws, and Osages; and the Rev. Mr. M'Coy, under the auspices of the Baptist General Convention, has issued proposals for publishing a semi-monthly periodical at the Shawanee mission, three hundred miles west of St. Louis. Several books have been printed at this press in the languages of the different tribes. The object of Mr. M'Coy and his associates is to furnish historical sketches of past, and notices of present occurrences, including the transactions of the general government and of societies. The Choctaw academy, in Kentucky, contains one hundred and fifty-six pupils; this number will be increased by fifteen Chickasaws, as the chiefs of that tribe have recently requested their education money might be expended at this institution. The inspectors, in their last report, represent the academy to be in a highly prosperous condition; the buildings erected to be upon a plan convenient and economical; the provision made for the comfort and health of the scholars to be liberal; and the care taken to promote their moral and intellectual advancement kind and parental. The buildings and school apparatus are valued at eight thousand dollars. The cost of winter clothing for each scholar is estimated at forty-six dollars and twenty-two cents, of the summer clothing at thirty-one dollars and eighty-six cents. This academy, conducted judiciously, will, at no distant day, send forth scholars Upon the recommendation of two members of Congress, aid has been rendered to Morris B. Pierce, a Seneca, who is now at Thetford academy, Vermont, fitting himself to enter Dartmouth college, in New Hampshire. An Act to regulate trade and intercourse with the Indian Tribes, and to preserve peace on the frontiers. Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all that part of the United States west of the Mississippi, and not within the States of Missouri and Louisiana, or the Territory of Arkansas, and also that part of the United States east of the Mississippi river, and not within any state to which the Indian title has not been extinguished, for the purposes of this act, be taken and deemed to be the Indian country. Sec. 2. And be it further enacted, That no person shall be permitted to trade with any of the Indians (in the Indian country) without a licence therefor from a superintendent of Indian affairs, or Indian agent or sub-agent, which licence shall be issued for a term not exceeding two years for the tribes east of the Mississippi, and not exceeding three years for the tribes west of that river: and the person applying for such licence shall give bond in a penal sum not exceeding five thousand dollars, with one or more sureties, to be approved by the person issuing the same, conditioned that such person will faithfully observe all the laws and regulations made for the government of Sec. 3. And be it further enacted, That any superintendent or agent may refuse an application for a licence to trade, if he is satisfied that the applicant is a person of bad character, or that it would be improper to permit him to reside in the Indian country, or if a licence previously granted to such applicant has been revoked, or a forfeiture of his bond decreed. But an appeal may be had from the agent or the superintendent, to the Commissioner of Indian Affairs; and the President of the United States shall be authorized, whenever in his opinion the public interest may require the same, to prohibit the introduction of goods, or of any particular article, into the country belonging to any Indian tribe, and to direct all licences to trade with such tribe to be revoked, and all applications therefor to be rejected; and no trader to any other tribe shall, so long as such prohibition may continue, Sec. 4. And be it further enacted, That any person other than an Indian who shall attempt to reside in the Indian country as a trader, or to introduce goods, or to trade therein without such licence, shall forfeit all merchandize offered for sale to the Indians, or found in his possession, and shall moreover forfeit and pay the sum of five hundred dollars. Sec. 5. And be it further enacted, That no licence to trade with the Indians shall be granted to any persons except citizens of the United States: Provided, That the President shall be authorized to allow the employment of foreign boatmen and interpreters, under such regulations as he may prescribe. Sec. 6. And be it further enacted, That if a foreigner shall go into the Indian country without a passport from the War Department, the superintendent, agent, or sub-agent of Indian affairs, or from the officer of the United States commanding the nearest military post on the frontiers, or shall remain intentionally therein after the expiration of such passport, he shall forfeit and pay the sum of one thousand dollars; and such passport shall express the object of such person, the time he is allowed to remain, and the route he is to travel. Sec. 7. And be it further enacted, That if any person other than an Indian shall, within the Indian country, purchase or receive of any Indian, in the way of barter, trade, or pledge, a gun, trap, or other article commonly used in hunting, any instrument of husbandry or cooking utensils of the kind commonly obtained by the Indians in Sec. 8. And be it further enacted, That if any person other than an Indian, shall, within the limits of any tribe with whom the United States shall have existing treaties, hunt, or trap, or take and destroy, any peltries or game, except for subsistence, in the Indian country, such person shall forfeit the sum of five hundred dollars, and forfeit all the traps, guns, and ammunition in his possession, used or procured to be used for that purpose, and peltries so taken. Sec. 9. And be it further enacted, That if any person shall drive, or otherwise convey, any stock of horses, mules, or cattle, to range and feed on any land belonging to an Indian or Indian tribe without the consent of such tribe, such person shall forfeit the sum of one dollar for each animal of such stock. Sec. 10. And be it further enacted, That the superintendent of Indian affairs, and Indian agents and sub-agents, shall have authority to remove from the Indian country all persons found therein contrary to law; and the President of the United States is authorized to direct the military force to be employed in such removal. Sec. 11. And be it further enacted, That if any person shall make a settlement on any lands belonging, secured, or granted by treaty with the United States to any Indian tribe, or shall survey or shall attempt to survey such lands, or designate any of the boundaries by marking trees or otherwise, such offender shall forfeit and pay the sum of one thousand dollars. And it shall, Sec. 12. And be it further enacted, That no purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from an 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 constitution. And if any person, not employed under the authority of the United States, shall attempt to negotiate such treaty or convention, directly or indirectly, to treat with any such nation or tribe of Indians for the title or purchase of any lands by them held or claimed, such person shall forfeit and pay one thousand dollars: Provided, nevertheless, That it shall be lawful for the agent or agents 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 or commissioners of the United States appointed to hold the same, to 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. Sec. 13. And be it further enacted, That if any citizen, or other person residing within the United States or the territory thereof, shall send 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 other law of the United States, or to disturb the peace and tranquillity of the United States, he shall forfeit and pay the sum of two thousand dollars. Sec. 14. And be it further enacted, That if any citizen, or other person, shall carry or deliver any such talk, message, speech, or letter, to or from any Indian nation, tribe, chief, or individual, from or to any person or persons whatsoever residing within the United States, or from or to any subject, citizen, or agent of any foreign power or state, knowing the contents thereof, he shall forfeit and pay the sum of one thousand dollars. Sec. 15. And be it further enacted, That if any citizen or other person residing or living among the Indians, or elsewhere, within the territory of the United States, shall carry on a correspondence, by letter or otherwise, with any foreign nation or power, with an intent to induce such foreign nation or power to excite any Indian nation, tribe, chief, or individual to war against the United States, or to the violation of any existing treaty; or in case any citizen or other person shall alienate, or attempt to alienate, the confidence of any Indian or Indians from the government of the United States, he shall forfeit the sum of one thousand dollars. Sec. 16. And be it further enacted, That where, in the commission, by a white person, of any crime, offence, or misdemeanor, within the Indian country, the property of any friendly Indian is taken, injured, or destroyed, and a conviction is had for such crime, offence, or misdemeanor, the person so convicted shall be sentenced to pay to such friendly Indian to whom the property may belong, or whose person may be injured, a sum equal to twice the just value of the property so taken, injured, or destroyed. And if such offender shall be unable to pay a sum at least equal to the just value or amount, whatever such payment Sec. 17. And be it further enacted, That if any Indian or Indians, belonging to any tribe in amity with the United States, shall, within the Indian country, take or destroy the property of any person lawfully within such country, or shall pass from the Indian country into any state or territory inhabited by citizens of the United States, and there take, steal, or destroy any horse, horses, or other property belonging to any citizen or inhabitant of the United States, such citizen or inhabitant, his representative, attorney, or agent, may make application to the proper superintendent, agent, or sub-agent, who, upon being furnished with the necessary documents and proofs, shall, under the direction of the President, make application to the nation or tribe to which said Indian or Indians shall belong, for satisfaction; and if such nation or tribe shall neglect or refuse to make satisfaction in a reasonable time, not exceeding twelve months, it shall be the duty of such superintendent, agent, or sub-agent, to make return of his doings to the Commissioner of Indian affairs, that such further steps may be taken as shall be proper, in the opinion of the President, to obtain satisfaction for the Sec. 18. And be it further enacted, That the superintendents, agents, and sub-agents, within their respective districts, be and are hereby authorized and empowered to take depositions of witnesses touching any depredations within the purview of the two preceding sections of this act, and to administer an oath to the deponents. Sec. 19. And be it further enacted, That it shall be the duty of the superintendents, agents, and sub-agents to endeavour to procure the arrest and trial of all Indians accused of committing any crime, offence, or misdemeanor, and all other persons who may have committed crimes or offences within any state or territory, and have fled into Sec. 20. And be it further enacted, That if any person shall sell, exchange, or give, barter, or dispose of any spirituous liquor or wine to an Indian, (in the Indian country,) such person shall forfeit and pay the sum of five hundred dollars; and if any person shall introduce, or attempt to introduce, any spirituous liquor or wine into the Indian country, except such supplies as shall be necessary for the officers of the United States and troops of the service, under the direction of the War Department, such person shall forfeit and pay a sum not exceeding three hundred dollars; and if any superintendent of Indian affairs, Indian agent, or sub-agent, or commanding officer of a military post, has reason to suspect, or is informed, that any white person or Indian is about to introduce, or has introduced, any spirituous liquor or wine into the Indian country, in violation of the provisions of this section, it shall be lawful for such superintendent, Indian agent, or sub-agent, or military officer, agreeably to such regulations as may be established by the President of the United States, to cause the boats, stores, packages, and places of deposite of such person to be searched; and if any such spirituous liquor or wine is found, the goods, boats, packages, and peltries of such persons shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, one half to the use of the Sec. 21. And be it further enacted, That if any person whatever shall, within the limits of the Indian country, set up or continue any distillery for manufacturing ardent spirits, he shall forfeit and pay a penalty of one thousand dollars: and it shall be the duty of the superintendent of Indian affairs, Indian agent, or sub-agent, within the limits of whose agency the same shall be set up or continued, forthwith to destroy and break up the same; and it shall be lawful to employ the military force of the United States in executing that duty. Sec. 22. And be it further enacted, That 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 Indian shall make out a presumption of title in himself from the fact of previous possession or ownership. Sec. 23. And be it further enacted, That it shall be lawful for the military force of the United States to be employed in such manner and under such regulations as the President may direct, in the apprehension of every person who shall or may be found in the Indian country in violation of any of the provisions of this act, and him immediately to convey from said Indian country, in the Sec. 24. And be it further enacted, That, for the sole purpose of carrying this act into effect, all that part of the Indian country west of the Mississippi river, that is bounded north by the north line of lands assigned to the Osage tribe of Indians, produced east to the State of Missouri; west, by the Mexican possessions; south, by Red river; and east, by the west line of the Territory of Arkansas and the State of Missouri, shall be, and hereby is, annexed to the Territory of Arkansas; and that, for the purpose aforesaid, the residue of the Indian country west of the said Mississippi river shall be, and hereby is, annexed to the judicial district of Missouri; and, for the purpose aforesaid, the several portions of Indian country Sec. 25. And be it further enacted, That so much of the laws of the United States as provides for the punishment of crimes committed within any place within the sole and exclusive jurisdiction of the United States, shall be in force in the Indian country: Provided, The same shall not extend to crimes committed by one Indian against the person or property of another Indian. 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 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 Sec. 30. And be it further enacted, That until a Approved, June 30th, 1834. 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 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 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 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 Sec. 10. And be it further enacted, That the 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 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 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. 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, 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 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 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. 10. Independent of the Indian agent or sub-agent, and of the military officer making the payment at places where it may be convenient, another military officer will be directed to be present, and certify to the payment. 11. Previously to the payments, the agent or sub-agent, and the military officer or officers, will convene the Indians, and ascertain from them in what manner they desire the annuity to be paid: whether to the chiefs of the tribe, to heads of families, or in any other manner. They will take care that the Indians fully comprehend the subject, and act upon their own suggestions; and, after getting their views, the payment will be made in conformity thereto. The decision of the Indians will be certified upon the receipt rolls by the above officers. 12. Payment will, in all cases, be made to the Indians, and to no other person; nor will any debt or claim of any kind be allowed or paid, excepting claims provided for in the 17th section of the act passed the 30th ultimo, and 13. Where property is taken or destroyed, in the manner described in the said section, the person interested therein will procure the necessary documents and proofs substantiating his claim. These documents and proofs will be submitted to the proper superintendent, agent, or sub-agent, and at the next period of paying annuities the same will be laid before the persons superintending such payment. They will inquire into the circumstances, and interrogate the Indians; and if they are satisfied the claim is just, they will then make a formal demand upon the tribe for satisfaction. If, thereupon, such tribe agree to make satisfaction, the amount shall be taken from the annuity due to such tribe, and paid to the person entitled thereto. Triplicate receipts will be taken from the person receiving such payment, expressing the nature and circumstances thereof; one of which shall be kept by the agent or sub-agent; one shall be delivered to a chief of the tribe; and the third shall be transmitted, with the annuity receipts, to the office of Indian Affairs. The annuity receipt will also express the payment so made: that is, it will acknowledge, on the part of the Indians, the receipt of the whole annuity due to them; specifying that such part was due to them, and such part to the person named, on account of the injury before mentioned. 14. If the Indians refuse to allow such claim, the agent, sub-agent, and military officers attending the payment, will, after making the inquiries aforesaid, state all the circumstances which may become known to them, and certify the same, together with their opinion, with the documents and 15. Payments of all annuities will be made in public, and in the presence of whatever persons may choose to attend; and triplicate receipt rolls will be prepared, and will be signed by the proper chiefs of the tribe. These receipt rolls will be witnessed by two or more respectable persons who may attend the payment, and will be duly certified by the persons making and superintending the same; two of these rolls will be forwarded for settlement. 16. The agent or sub-agent will reduce to writing the substance of all the speeches made by the Indians who may be present, and transmit fair copies of the same to the Commissioner of Indian Affairs. These speeches will be certified by the military officers. 17. The abovementioned law provides that no allowance will be made to any military officer for his services, except for his actual travelling expenses. The expenses of transporting the annuity, including a reasonable compensation to a confidential person to aid in the transportation where the amount is large, will be paid upon the production of proper vouchers, and the certificate of the officer making the expenditure. Where, from exposed situations, or from the magnitude of the sum, it may become necessary to provide for the greater security of the funds, instructions will be issued from the It is intended to designate the officers at each station, doing the duty of quartermaster or commissary, to disburse the funds herein referred to: and, as a general rule, the commanding officer of the post will be appointed to aid in superintending the payment. Necessary exceptions from these rules, when they occur, will be provided for. 18. It will be the duty of the agent or sub-agent, and military officers attending these payments, to explain fully to the Indians the provisions of the 16th and 17th sections of the abovementioned act, which prescribe the mode of redress, as well for white persons as Indians, when injuries are committed by one upon the other. And the Indians will, at such times, be enjoined to restrain their own people from committing injuries, not only as the offender is liable to punishment, but because the amount will be deducted from the annuity due to the tribe; and they will also be informed that the law makes adequate provision for their compensation when they are injured by citizens of the United States; but if they endeavour to procure redress by violent means, they become not only liable to punishment, but forfeit all their claims to compensation. 19. The twelfth section of the above-named act having provided that, when any Indian tribe requests it, the annuity due to such tribe may be paid in goods, it will be the duty of the agent or sub-agent, while attending any annuity payment, to communicate this information to the Indians, and to inquire of them whether they desire their next annuity to be paid in money or in goods. Their answer will be signed by the chiefs, certified by the agent 20. Where an annuity is payable in goods, either by law, by treaty, or at the request of the Indians, such goods will be purchased by contract, to be based upon proposals previously issued. Such proposals will be issued under the direction of the Secretary of War, and by a person to be designated by him, and will give at least thirty days' previous notice. Such notice will specify the amount required, the time and place of delivery, and will describe, as minutely as practicable, the kinds and quality of the various articles required. In determining the kind and quality of the articles, regard must be had to the habits and tastes of the tribe for whom such articles are designed. Of this, the proper superintendent, agent, or sub-agent, must judge, unless the Indians themselves shall decide the matter. With this view, the subject will be explained to them at every annuity payment, and, if they see fit, the various articles, in the proportions to be indicated by them, will be purchased accordingly for the next payment. The mode of determining the quantity will be as follows: if, for instance, the annuity due to the tribe be ten thousand dollars, the proposals will state that such a portion of that amount, say two thousand dollars, will be for blankets—such a portion, say two thousand dollars, for strouds—such a portion, say one thousand dollars, for calicoes—such a portion, say five hundred dollars, for powder—such a portion, say five hundred dollars, for tobacco—and so on; designating the proportional part which shall be 21. The agent or sub-agent, and military officers attending the payment, will particularly examine all the articles, and will take care that they are of the proper quality, so that full justice shall be done to the Indians. In case the goods are not upon the spot, it shall be referred to them whether they will receive the money, or wait till the goods can be procured, either at that or the succeeding season. If they choose to receive the money, it shall be immediately procured, and paid to them on the principle before described. If they prefer the goods, such goods shall be procured by a new contract, the same season if practicable; but if there is not time then, it shall be done at the next season. But if the goods are ready for delivery, and are found defective in quality, then the Indians shall also be called upon to decide whether they will receive such articles as are found defective, or whether they wish the payment to be made as is provided in this article. If they prefer the latter, the proceedings above described will take place; but if they agree to accept the defective articles at such a price as the agent or sub-agent and military officer may fix, 22. Forms of notices for proposals for goods, and for contracts for the same, will be prepared and transmitted by the Commissioner of Indian Affairs. Every contractor will be required to give bond in twice the amount to be furnished, with at least three sufficient securities, whose solvency and respectability shall be known to the officer making the contract, or to respectable persons known to him. 23. Goods for the Indians will be delivered in the same manner as is provided in the delivery of specie. They will be divided into separate shares, or be handed over in bulk, as the Indians may choose. The contracts will be transmitted to the Commissioner of Indian Affairs, with the receipt rolls of the Indians as vouchers for the settlement of the accounts. No portion of the money will be paid until after the goods are actually received by the Indians. 24. In order to preserve the proper authority of the agent or sub-agent with the Indians, the agent or sub-agent will be the organ of communication at all annuity payments. Officers employed in the Indian Department, under the Act for the Organization of the Indian Department,—approved June 30th, 1834. Superintendent. William Clark, St. Louis, compensation 1500 dollars per annum. J. J. Ruland, Clerk, St. Louis, 1000 dollars per ann. Agents, at a compensation of 1500 dollars per annum. William Marshall, Indiana. This agency includes all the Indians and Indian country within the limits of that State. Benjamin Reynolds, Chickasaws. This agency includes that tribe. Lawrence Talliaferro, St. Peter's. This agency includes all the country west of the agency of Michilimackinac and Sault Ste. Marie, and north of the Green Bay and Prairie du Chien agencies, comprehending the various families of the Sioux tribe upon the waters of the Mississippi and its tributary streams, and upon the waters of Red river. Jos. M. Street, Prairie du Chien. This agency includes all the Indians and Indian country west of the Green Bay agency, south of the agencies of Michilimackinac and St. Peter's, extending west as far as the Winnebago country extends, and comprehending within its limits the Sac and Fox Indians and their country. R. W. Cummins, Northern Agency of Western Territory. This agency includes all the Indians and Indian John Dougherty, Upper Missouri. This agency includes all the Indians and Indian country west of the State of Missouri, north of the northern agency of the Western Territory, and extending west and north, so as to include the Otoes, Pawnees, Omahas, and Poncas. George Boyd, Green Bay. This agency includes all the Indians and Indian country north of the Chicago agency, west and south of the agency of Michilimackinac and the Sault Ste. Marie, and extending west to a line running due north and south, through the portage of the Fox and Ouisconsin rivers. H. R. Schoolcraft, Michilimackinac and Sault Ste. Marie. This agency includes all the Indians and Indian country on the peninsula of Michigan, from the mouth of Thunder Bay river, round the shores of the lakes, to the White river of Lake Michigan, and the islands of Lake Huron, and the peninsula between Lake Superior, Lake Michigan, and Lake Huron, as far west as the Monistic river, and all the country upon Lake Superior, and all the region possessed by the Chippewa Indians, comprehending the Upper Mississippi. F. W. Armstrong, Southern Agency of Western Territory, and acting Superintendent. This agency includes the Choctaws and their country. Sub-agents, at a compensation of 750 dollars per annum.
Interpreters, at a compensation of 300 dollars per annum.
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