, 1858-01-08

I w
Indian country into any Stale or Territory Inhabited
BY citizens OF the United States and there take steal
or destroy any horse horses, or other properly be
longing 70 any citizen or inbabitant Of the United
States such citizen OF inhabtant his representative
attorney, agent, may make application to the
proper superintendent, agent or snbagcut who, upon
being furnished with the necessary documents and
proofs, shall, under the direction ef the President
make application 70 the nation tTbe to which said
Indian Indians shall belong for satisfaction and
II such nation tribe shall neglect refuse to make
satisfaction IN a reasonable time, not exceeding
twelve months II shall be the duty Of such supern
tendeht, agent, or sub-agent 10 make return Of hi
doings 10 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 injury and In the meantime, in respect 70
the property 50 taken, stolen, Destroyed the Uni
ted States guarantee to the party 50 injured even
tnal indemnihcation Prorided, That IL such injured
party his representative. attorney or agent, shall in
any way violate any Of the provisions Of this act by
Il seeking or attempting 10 obtain private satisfaction
or revenge he shall forfeit all claim upon the United
States for such Naturalization And prOrided, also
Tuat unless such claim shall be presented within
three years after the commission Of the injury. the
same shall be barred. And II the nation tribe TO
which such Indian may belong receive an annuity
from the United States such claim shall at the next
payment Of the annuity, be deducted therefrom and
paid TO the party Injured and II no annuity Is paya
BE te such nation tribe then the amount Of the
claim shall be paid from the treasury Of the United
States Provided, That nothing herein contained
Of any Indians having so offended.
| SIC. IS. -dRd be IL further enacted. That the
superntendents agents, subagents, within their
spectve districts be, and hereby, authorized and
empowered to take depostions Of witnesses tonching
any depredatiOns within the purvew Of the two pre-
cedng sections Of this act, and to administer oath
to the Opponents.
sEc IS. And BE- IL further snacttd, That II shall
be the duty Of the superntendents, agents and sub
agents 10 endeavor TO procure the arrest and trial
all Indians accused Of committing any crime, offence,
committed crimes offences within any State or Ter
ritory and have ned into the Indian country, either
by demanding the same Of the chiefs OF the proper
tribe, or by such other means as the President may
authorize and the President may direct the military
force OF the United States to be employed in the a-
prehenson Of such Indians and also In preventing
terminating hostilities between any Of the Indian
tribes.
person shall sell exchange, give barter, dispose
Of any spirituous liquor or wine to an Indian, lin the
Indian country) such person shall forfeit and pay the
sum Of five hundred dollars and IL any person shall
Introduce, or attempt 70 introduce, any spirtuous
liquor wine into the Indian country, except such
supplies 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 any superintendent OF Indian Affairs,
Indian agent, or commanding officer Of a military
post, has reason to suspect is Informed that any
white person or Indian Is about TO introduce or has
introduced, any sprituous liquor wine into the In
dian country, in violation Oh the provisions Of this
section It shall be lawful for such superintendent,
Indian agent, or subagent or military officer, agreea
bly, 10 such regulations may be established by the
President Of the United States, 10 the boats,
stores packages and places Of deposit Of such person
10 be searched and II any such sprituous liquor or
wine Is found, the goods boats, packages and pei
tries 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 10
the Of the nformer and the other half TO the
a.. Ill.
his license shall be revoked and his bond put in suit
And Il shall, moreover be lawful for any person in
the service OF the United Staes for any Indian
take and destroy any ardent spirits or wine found In
the Indian country, excepting military supplies, as
SEC. 2I. And Be il further enacted, That II any
person whatever shall within the limits Of the Indian
country, set up or continue any dstiery for manu-
penalty Of thousand dollars and It shall be the
duty Of the superintendent Of Indian affairs, Indian
agent subagent within the limits Of whose agency
the same shall Be set up or continued forthwith 70
destroy aud break up the same and il shall be lawful
TO employ the military force Of the United States in
executing that duty
sEC. u. And 6s il further enacted, That in all
trials about the right Of property, in which an Indian
may be party one side and white person on the
other the burden Of proof shall rest upon the white
person, whenever the Indian shall make out a pre-
sumption Of title in himself from the fact Of previous
possession or ownership.
SIC %. And be h further enacted, That It shall
be lawful for the military force of the United States to
be employed In such manner, and under such regula-
tons 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 nearest convenient and safe
route to the civil authority Of the Territory judi
ela district in which said person shall be found To be
proceeded against In due course Of law and also in
the examination and seizure of stores packages, and
boats authorized by the twentieth section OF this act
and In preventing the introduction Of persons and
property into the Indian country contrary TO law
which persons and property shall be proceeded against
according to law Provided, That no person, appre-
hended by military force aforesaid shall be detan.
ed longer than five days after the rrest and before
removal And all officers and soldiers who may have
any such person or persons in custody shall treat
will possibly permit and every officer soldier who
shall be guilty Of maltreatng any such person, while
in custody shall suffer such punishment ala court
martial shall direct.
SIC. ~ And Be a 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 10 the Usage tribe Of Indians produced east
the State Of Missouri, west by the Mexican possessions
Territory of Arkansas and the State Of Missouri shall
be- and hereby is annexed to the Territory of Arkan.
and that for the purpose aforesaid, the residue
Of the Indian country west Of said Mississippi
shall be- and hereby Is annexed TO the judicial district
Of Missouri and for the purpose aforesaid, the
eral portions Of Indian country east of the said Mis-
sissippi river shalbe, and hereby severally an
nexed to the Territory in which they situate.
| SEC. Is. And be further enacted That much
Of the laws OF the United States provides for the
punishment Of crimes committed within any place
within the sole and exclusive jurisdiction Of the Uni
ted States shall be in force In the Indian country
PrOVided, The same shall not exrend to crimes com.
mitted by Indian against the person property
Of another Indian.
SEC. 90. And be il further enacted, That II any
person who shall be charged with violation OF any
Of the provisions regulations Of this act shall be
found within any Of the United States either OF
the Territories, such offenders may be there appre-
hended and transported to the Territory judicial
district having jurisdiction Of the same
SEC. %. And be Il frTthSr enacted, That all pen.
alties which shall accrue under this act, shall be
sued for aViFecovered in action Of debt, in the
name Of the United States, before any court having
Jurisdiction Of the same lin any State Territory in
which the defendant shall be arrested or found) the
one half to the Of the informer and the other half
to the use Of the United Statess~ except when the
prosecution shall be first instituted behalf of the
United States in which case the whole shall be to
their use.
SIC. 2sy And be Il further enacted, That when
goods other property shall be seized for any viola
~. d. l. g.. Al.