The Federal mirror — Concord, N.H., 1796-07-12 00:00:00, page 1

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LAWS of the UNION.
fob CONGRESS- FIRST SESSION.
%' AT THILADILPHirZ^
An'ACTto regulate trade and
<intercourse with the Indian
tribes, arid to peferve peace
on the frontiers.,
TIE it tnaaed b, the Senate^ Hoitfe
& ItC. I. y RgftfaWrofl of the Unit
ed States of America, in Cengrefe affable. That
ffe following boundary fine, established by
treaty between the United States and vari
ous Indian tribes, (hall be clearly afeertained,
and diffipaiy marked, in all such places, as
the President of the United States shall deem
necessary, and in such manner as he fhalldi.
, re &, to wit: Beginning at the mouth- of
Cayahega rivers Lake Erie, and running
thence up the fame, to the portage between
' tjiatand tseTwfcaroras branch of the Mufk
ihQm; thence, down the branch, to the
crossing plare above Fort Lawrence ; thence,
westerly to a fork of that branch of the
>•Great Miami giver running into the Ohio,
at, or near which fork, flood Laromie's
ftOTC, and where commences The portage,
+ between the Miami of the; Ohio, and Sf.
Mary's rjver, which is * branch of the Mi
,'amtvwhich run's into Lake Erie ; thence, 4
- weferly coerfe to Fort Recovery, which
wdionabrinch of the Wabash ; thence,
* ifx&.wefteriy, in * dired line to the Ohjo,
. so aito interfea that river, opposite the
<mouth 'of Kentucky, or Cuttawa river ;
, thence, down ,ht laid river Ohio, to the
tra&of one hundreds,d fifty thousand acre‘s
.near, the ^fo, which has been assigned to
# General Clarke, forth^^^^^
his warriorg; thence,around the said tatt,
.-pfyfe-iteffitew^^
. gain interfea ihelaid river' Ohio ; thence,
* down the fame, toapoint opposite the high
^ti^Qr ridge € between the mouth of the
Cumberland and Tenaffe rivers ; thence,
easterly on'tfie laid H&ge; so a'fflntfftbm
Whence; a southwest line will ftrike^the
mouth of Duck river ; thence still easterly
on the said ridg^, t 0 a point forty miles a
hove Nashville; thence, northeast, to Cum
berlandriver , thence, up the said river, to
^here the Kentucky road croffej the fame ;
hhence, tQ the top,of Cumberland moun
# ^in; „,. along Campbell, line, to the
river Clinch ;, thence, clown the laid river,
'to'* point fro'm'which it line thin pflfs the
mitten, at the ridge, which ditityate wa
ters running into Little River, from those
running into the Tenaffe ; thence, feuth to
htie Nortticarolina boundary; thence, along
the §outticiiolina Indian boundary; to, and
enter the Ocarina mountain, to a southwest
course, to Tugelo river ; thence, a dire&
,to& tQ.fetpp.Qf the Currahee maintain,
'where the Creek line passes it ; thence, to
.*& Head or source of the main foeth branch
a>f,he Oconee river, called the Appalachee ;
jlfemferk the middle of the said main
faith branch and river Oconee, to its con
* fluence with Oakmulgee, which forms the
river Altamaha, to the old line on the said
river ; and thence along the said old line to
the river Saint Mary's : Provided always,
rha't if the boundary line between the said
. Indian tribes and the United States, shall, at
;inyji me hereafter, be varied, by any treaty
ri vhteh thill be made between the said Indian
irib,"*^ the United States, then all the
rovifions epntained lathis fl shall becon.,
rimed to apply to the said lene so to be v,
rjed,in the fame manner, as the said provi.
frjRS now apply to the boundary line herein
Wore recited, :
Sec. ,'And be it farther tsaßed, That if
#y citizen of, or other person resident in the
United States, or either orthe territorial
Marias of the United States, shall cross o>
^tWbr go within the said boundary lte, to
^,'^4^%^ any wife destroy the garff; or
1 SMI drive, or otherwise convey any frock of
^^hvfa.or cattle to range, on any lands, allot,
rd or secured by treaty with the United
sires, to any Indian tribes, he shall forfeit
:fmn not exceeding one hundred dollars^ or
!imprifoned not exceeding fix months.
,{, See. 3 ,,^ beitfurther eQed, That if
^» ^ izen, or other perfoo, shall go into a.
T^y country, which is allotted, or secured by
fyfo^ aforefiidri to any of the Indian
/, writes fouth of the river Ohio, without a
pfort frit had, and obtained from the
[volume IV.]
Governor of lome one of the United States,
er the office, of the troops of the United
States commanding at the nearest post oh
the frontiers, or fiich other person, as the
President of the United States may, from
time to time authorize to grant the fame,
shall forfeit a sum not exceeding fifty..dol
lars, or be imprisoned, not exceeding three
months. . „
Sec. 4. And be it further enaaed, That if
any such citizen or other person, fliall go in
to any town, settlement or territory, be-,
longing, or secured by treaty with the Unit
ed States, to any nation or tribe of fndiahs,
and shall there commit robbery, larceny,;
treffpafs, or other crime, against the perfon|
or property of any friendly Indian or Indians,/
which would be punishable, if Committedi
within, the jurifuiaion of any ffate, against!
a citizen of the United States ; -or, unau-'
thorized by law, and with a hostile inten
tion, shall be found on any Indian land,
such offender shall forfeit a funs not exceed
ing one hundred dollars, and be imprisoned
not exceeding twelve months ; and ffiall al
so, when property is taken @ or destroyed,
forfeit and pay to such Indian or Indians, to
whom the property taken and destroyed be-|
longs, a sum equal to twice the just value ofl
the property so taken or destroyed : And isl
such offender shall be enable to pay a sum at/
least, equal to the said just value, whatever|
such payment shall fall short of the said jffft ;
value, shall be paid out of the treasury of
the United States : Providid nruertbehfi, that
no such Indian shall be entitled to any pay
ment out of the treasury of the United
States, for any such property taken or de-,
ftroyed, if he, or any of the nation to Which
he belongs, shall have fought private re-.
. venge, or attempted to obtain fatisfaaion by
any force or violence. ",
Sec. g And fa it further eaa&ed. That if
any such citize&gother perlons shall make
a settlement on By lands belonging, or fe
pred, or"grantel! by treaty, with the Unit
ed States, to any Indian tribe, or shall sur
vey, or attempt,o survey, such lands, or de
signate any of the boundaries, by marking
trees, of otherwise, such offender shall for-1
feit all his right, title and claim, (if any he|
hath) of whatsoever nature or kind, the,
fame shall or may be, to the lands aforefaid,j
whereupon he shall make a settlement, orj
which he shall survey, or attempts td furvey,l
or designate any of the boundaries thereof,l
by marking trees or etherwife, and shall also
forfeit a sum not exceeding one thousand
dollars, and fuffer imprifoument, not ex
ceeding twelve months. And it shall, more
over, be lawful for the President of the U
nited Stated to take such measures, and to
employ foch military force, as he may judge
necessary, to remove from lands belonging,
or feewted by treaty, as aforefaid, to any In
dian tribe, any such citizen or other person,
who has made or shall hereafter make, or at
tempt to make a settlement thereon: And,
every right, title, or claim forfeited under
this ad, shall be taken and deemed to be
vetted in the United States, upon conviaibn
of theoffender, without any other or further
proceeding..
Sec. 6. zf^ belt farther enaried. That if
any such citizen, or other perfon', shall go
into any town, settlement or territory, be
longing to any nation or tri be of I lulians,&
shall there commit murder, by killing any
Indian or Indians, belonging to any nation
of tribe of Indians in amity With the United
States, such offender, on being thereof con
victed, shall fuffer death.
Sec. 7. And be it farther enaaed. That no
such citizen, or other person, shall be per
mitted to reside at any of the towns; or
hunting carops, of any of the Indian tribes
as a trader, without a license under the hand
and seal ofthe fuperintendant of the depart
_ment, or such other person as the President
of the United States shall authorize to grant
licenses for that purpose: Which fuperin
tendant, or person authorized, shall, on up
plication, issue such license, for a term riot
exceedingjwo years, who shall enter into
bond withfone or more sureties, approved of
by the fuperintendant, or person issuing such
license, or by the President of the United
States, in the penal sum of one thousand dol
lars, conditioned for the true and faithful
observance of frith regulations and reftric-^
tions, ^are, or shall be made for the gov
ernment of trade and intercourse raith the
Indian tribes :—And the fuperintendant, or
person iffijing such license, shall have full
power and authority to.recalihe fame, if the
CONCORD, TUESDAY, July 12, 1796.
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it Russell ^b dapis, concord, nefhampshire^^
person so licenced shall transgress any of the
regulations, or reftriaions, provided for the
government of trade and intercourse with
the Indian tribes ; and shall put in suit such
bonds as he may have taken, on the breach
of any condition therein contained.
Sec. 8. And be it further enabled, That a
ny such citizen or othet person, who shall at
tempt to reside in any town, or hunting
camp, of any of the Indian tribes, as a trad
er, without such license, shall forfeit all the
merchandise offered for sale, tothe Indians,
orfound in his possession, and shall, $ moreo
ver, be liable to a fine not exceeding one
j hundred dollars, and to imprisonment not
exceeding thirty days. /,
Sec. g. Ana be it further enaaed, That if
lany such citizen, or other person, shall pur
§chafe, or receive of any Indian, in the way of
' trade or barter, agun, or other article com
monly used, in hunting, any instrument of
husbandry, or cooking utensil, of any kind
usually obtained by the Indians, in their in
tercourse with white people, or any article
of clothing, excepting fkios or furs, he shall
forfeit a sum not exceeding fifty dollars, and
be imprisoned not exceeding thirty days.
I Sec. to. And be it farther enaded, That no
I.fuch citizen, or other person. shall be per
mitted to purchase any horse of an Indian, or
I of any white man in the Indian territory,
[Without special license for that purpose ;
;which license, the fuperintendant, or foch
Other person, as the President shall appoint,
on the fame terms, conditions and restric
tions, as other licenses are to be granted un
der this aa 1 And any such person, who
ffiall purchase a horse or horses, under such
license, -before he exposes such horse or hors-„
es for sale, and within fifteen days after they
have beed brought out of the Indian -coun
try, shall make a particular return tothe fu
perintendant, or other person, from whom 4
he obtained hi's license, of every horse pur
chased by him, as aforefaid ; deferring foch
horfesiby'their colour; height, and other
natural or artificial marks, under the penalty
contaiped in their refpedive bonds. And
every such person, purchasing a horse or
i horses, as aforefaid, in the Indian country,
I without a special license, shall, for ever,
! horse thus purchased, and brought into a
fny settlement of citizens of the United States,
forfeit a fom not exceeding one hundred dol
lars and be imprisoned not exceeding thirty
I days. And every person, who shall purchase
I a horse, knowing him to be brought out of
the Indian territory, by any person or per
sons, not licensed, as above, to purchase the
fame, ffiall forfeit the value of such horse.
Sec. It. And be it further enaaed, That
no agent, fuperintendant, or other person
authorized to grant a license to trade, or
purchase horses, shall have any interest, or
concern in any trade with the Indians, or in
the purchase or fail of any hbrfe,~to or
from any Indian, excepting for, and on ac
count of the United States. And any per
lon offending herein, shall forfeit a sum not
exceeding one thousand dollars, and beirc
prifoned not exceeding twelve months.
Sec. 12, And be it further enaaed, That
no purchase, grant, leaf, or otherconvey
ance of lands, or of any title or claim there
to, from any Indian, or nation or-tribe of
Indians, within the bounds of^the United
States, shall be of any validity, in law or e
quity, unless the fame be made by treaty, er
convention, entered into, pursuant to the
conftiturion: And shall be a misdemeanor
in any person, not, employed under the au
thority of the United States, to negotiate
such treaty or convention, directly or indi
re&ly, to treat withany such Indian nation,
or tribe of Indians, for the title or purehafe
of any lands by them held, or claimed, pun
ifhadle by fine not exceeding one thousand
dollars, and iroprifonment not exceedihg
twelve months: Presided Mver&ep, that
it shall be lawful for the agent or agents of
any Rate; who may b; 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 commis
sioners, of the United States, appointed to
hold the fame, to propose to, and adjust
with the Indians, the compensation to be
made, for their claims to lands within such
state, which ffiall be extinguiffied by the
treaty, ; :
' Sec. 13. And beit further enaaed, That in
order to promote civilization among the
friendly Indian tribes, and to secure the con
tinuance of their friendihip, it shall
;be lawful for the Prefident>of (he U-
nited States, to cause them to be fur
nifhed with ufeful domestic aoimali;
and implements of hoftkodry, and
with goods or money, as he ffiall
judge proper, and to appoint such
person,, from titoe to time, as tem
porary agents, to reside among the
Indians, as he shall think fit : Prd-
Silted that the whole amount of such
prefects, and allowance to such a
gents, shall not exceed fifteen thou
sand dollars per annum.
Sec. 14 &be it further maid.
That if any Indian or Indians, be
longing to any tribe in amity with
the United States, shall come over or
croft the said boundary, line into any
state or territory inhabited 6, citizens
of the United States, and there take;
fleal, or destroy any horse, horses, or
other property, belonging to any cit
lizen or inhabitant of the United
States or either of the territorial dif
tri&i of the United Sta'% or shall
commit any murder, violence, or out
• rage, upon any such citizen, or in
habitant, it shall be the duty of such
citizen pr inhabitant, his representa
tive, attorney, or agent, to make ap
plication to the fuperfflen<!a<,t, or
such other person aithe President of
the United States lh,ll authorize for
that purpose; 'who, upon being,^
nilhed with the necefary ,docm,ti
and proofs, shall, under the dueaion
or inftruaion of the President of the
United States, make application to
the nation or tribe, to which such In
dian or Indiana shall belong, for fstis
faaion ; and it such nation or tribe
shall negka orrefufe to make fatis
faaion, in a reasonable time, not ex
ceeding eighteen months, then it shall
be the duty of fueh fuperintendant or
other person authorized, as aforefaid,
to make return of bis doings, to the
President of the United States, & for
ward to him all the documents and
proofs in the case, that such further
steps my be taken, as shall be prop
er to obtain fatisfaaion for the inju
ry : And in the mean time, in re
fpeft to the property so taken, stol
en, or destroyed, the United State#
guaranty to the party injured, an e
ventual indemnification : Provided al
toa„, that if such injured party, his
reprefentatiye, attorney, or agent,
shall, io any way, violate any of the
provifioos of this act, by seeking, or
attempting to obtain private (atitfac
cion or revenge, by crossing over the
line, on any of the Indian lands, he
shall forfeit all claim upon the Unit
ed, States, for such indemnification :
&provided as nothing here
in contained shall prevent the legal
apprehenfien or arresting, within the
limits of any state or diftrid, of an,
Indian having so offended : Aad
provided farther, that it shall be law
ful for the President of the United
States, to dedud such sum or sums,
as shall be paid for the property tak
en, stolen or destroyed by any such
Indian, opt of the annual stipend,
which the United States are bound to
pay to the tribe, to which such In
diao fed! belong. ; § ?
Sec. 15. zrfad be it further euaed.
That the superior courts in each of
the said territorial diftrias, and the
circuit courts, and other courts of the
[number 194]