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of any validity, in law or equity, unless the fame be made by treaty, or convention, entered into purfuant to the conftitution: And

it fhall be a misdemeanor in any perfon, not Penalty on treating employed under the authority of the United without States, to negociate fuch treaty or convention authority. directly or indirectly, to treat with any such Indian nation, or tribe of Indians, for the tithe or purchase of any lands by them held, or claimed, punishable by fine not exceeding one thousand dollars, and imprisonment not, exceeding twelve months: Provided neverthelefs, that it fhall be lawful for the agent or agents of any ftate, who may be prefent at any treaty held with Indians, under the authority of the United States, in the prefence, and with the approbation of the commiffioner, or commiffioners of the United States, appointed to hold the fame, to propofe to, and adjust with the Indians, the compensation to be made, for their claims to lands within fuch ftate, which fhall be extinguished by

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Sec. 13. And be it further enacted, That in Prefents to order to promote civilization among the the Indians friendly Indian tribes, and to fecure the con- to refide tinuance of their friendship, it fhall be law- among ful for the Prefident of the United States, to cause them to be furnished with ufeful domestic animals, and implements of husbandry, and with goods or money, as he fhall judge proper, and to appoint fuch persons, from time to time, as temporary agents, to refide among the Indians, as he fhall think fit: Provided, that the whole amount of fuch prefents, and allowance to fuch agents, fhall not exceed fifteen thousand dollars per annum.

Sec. 14. And be it further enacted, That if

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any

Indian or Indians, belonging to any tribe in amity with the United States, fhall come over or cross-the faid boundary-line, into any ftate or territory inhabited by citizens of the committed United States, and there take, steal or destroy by Indians. any horse, horses, or other property, belonging to any citizen or inhabitant of the United States, or of either of the territorial districts of the United States, or fhall commit any murder, violence or 'outrage, upon any fuch citizen, or inhabitant, it fhall be the duty of fuch citizen or inhabitant, his reprefentative, attorney or agent, to make application to the fuperintendant, or fuch other person as the Prefident of the United States fhall authorize for that purpofe; who, upon being furnished with the neceffary documents and proofs, fhall, under the direction or inftruction of the Prefident of the United States, make application to the nation or tribe, to which fuch Indian or Indians fhall belong, for fatisfaction; and if fuch nation or tribe fhall ne-. glect or refufe to make fatisfaction, in a reasonable time, not exceeding eighteen months, then it fhall be the duty of fuch fuperintendant, or other perfon authorized, as aforefaid, to make return of his doings, to the Prefident of the United States, and forward to him all the documents and proofs in the cafe, that fuch further fteps may be taken, as fhall be proper to obtain fatisfaction for the injury: And, in the mean time, in refpect to the property fo taken, ftolen, or destroyed, the United States guarantee to the party injured, an eventful indemnification: Provided always, that if fuch injured party, his reprefentative, attorney, or agent, fhall, in any way, violate any of the provifions of this act,

by feeking, or attempting to obtain private fatisfaction or revenge, by croffing over the line, on any of the Indian lands, he fhall forfeit all claim upon the United States, for fuch imdemnification: And provided alfo, that nothing herein-contained fhall prevent the legal apprehenfion or arrefting, within the limits of any ftate or district, of any Indian having fo offended And provided further, that it fhall be lawful for the Prefident of the United States, to deduct fuch fum or fums, as fhall be paid for the property taken, ftolen or destroyed by any fuch Indian, out of the annual ftipend, which the United States are bound to pay to the tribe, to which fuch Indian fhall belong.

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Sec. 15. And be it further enacted, That the fuperior courts in each of the faid territorial districts, and the circuit courts, and other courts of the United States, of fimilar jurif- Jurifdiediction in criminal caufes, in each diftrict of courts the United States, in which any offender herein. against this act fhall be apprehended, or, agreeably to the provifions of this act, fhall be brought for trial, fhall have, and are hereby invefted with, full power and authority, to hear and determine all crimes, offences and misdemeanors, against this act; fuch courts proceeding therein, in the fame manner, as if fuch crimes, offences and misdemeanors had been committed within the bounds of their respective districts: And in all cafes, where the punishment fhall not be death, the county-courts of quarter-feffions in the faid territorial diftricts, and the district courts of the United States in their respective districts, fhall have, and are hereby invested with like power to hear and determine the fame, any

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law to the contrary notwithflanding: And in all cafes, where the punishment fhall be death, it fhall be lawful for the governor of either of the territorial diftricts, where the offender fhall be apprehended, or into which he fhall be brought for trial, to iffue a commiffion of Commif oyer and terminer, to the fuperior judges of fuch district, who fhall have full power and authority to hear and determine all fuch capital cafes, in the fame manner, as the fuperior courts of fuch district have in their ordinary feffions: And when the offender fhall be apprehended, or brought for trial, into any of the United States, except Kentucky, it fhall be lawful for the Prefident of the United States, to iffue a like commiflion to any one for more judges of the fupreme court of the United States, and the judge of the diftrict, in which fuch offender may have been apprehended, or fhall have been brought for trial; which judges, or any two of them, fhall have the fame jurifdiction in fuch capital cases, as the circuit court of fuch diftrict, and fhall proceed to trial and judgment, in the fame manner, as fuch circuit court might or could do. And the district courts of Kentucky and Maine fhall have jurifdiction of all crimes, offences and mifdemeanors committed againit 2this act, and fhall proceed to trial and judg ment, in the fame manner, as the circuit courts of the United States.

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Sec. 16. And be it further enacted, That Military it' fhall be lawful for the military force of the United States, to apprehend every perfon, prehend offenders. who fhall, or may be found in the Indian country, over and beyond the faid boundary line, between the United States and the faid Indian tribes, in violation of any of the pro

vifions or regulations of this act, and him or them immediately to convey, in the nearest convenient and fafe route, to the civil autho- ' rity of the United States, in fome one of the three next adjoining states or diftricts, to be proceeded againft, in due courfe of law: Provided, that no perfon, apprehended by military force, as aforefaid, fhall be detained longer than ten days, after the arrest, and before removal.

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Sec. 17. And be it further enacted, That if Trial may any perfon, who fhall be charged with a viola- where the tion of any of the provifions or regulations offender is of this act, fhall be found within any of the United States, or either of the territorial diftricts of the United States, fuch offender may be there apprehended and brought to trial, in the fame manner, as if fuch crime or offence had been committed within fuch ftate or diftrict; and it fhall be the duty of the military force of the United States, when called upon Military to by the civil magiftrate, or any proper officer, vil officers. or other perfon duly authorized for that purpofe, and having a lawful warrant, to aid and affift fuch magiftrate, officer, or other perfon authorized, as aforefaid, in arresting fuch offender, and him committing to fafe cuftody, for trial according to law.

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Sec. 18. And be it further enacted, That Amount of the amount of fines, and duration of impri- fines and fonment, directed by this act as a punishment, imprifonfor the violation of any of the provifions there- ment difof, fhall be afcertained and fixed, not exceed- &c. ing the limits prescribed, in the difcretion of the court, before whom the trial fhall be had; and that all fines and forfeitures, which fhall To whofe accrue under this act, fhall be, one-half to the feitures ufe of the informant, and the other half to the hall be. VOL. III.

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