Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1874-07-09
proved, April "a, 1874.
GENERAL NArunE-No. 25. ]

GENERAL NATURE-No. 25.1
AN ACT relative to private contracts or agree
ments made with Indians prier to May
twenty-frst, eighteen hundred and seventy
two
Be It enacted by the Senate and House of Rep
resentatioes Of the United States of America In
Congress assembled, That hereafter it shall not
be lawful for any United States officer, or 9th
er person under its employ or control, to re-
cognize the binding force or legality, or in any
manner sustain or enforce or counsel, or give
any aid or assistance to sustain or enforce, any
contract or agreement made by any person or
persons, or corporation, with any band, tribe,
or nation of Indians, or individual Indian or
Indians, not citizens of the United States, en-
tered into prior to the date of the act of Con-
gress entitled can act regulating the mode of
making private contracts with Indians" ap-
proved May twenty first, eighteen hundred and
seventy two, for the payment or delivery Of
any money or other thing of value, in present
or prospective, or for the granting or procur
ing of any privilege to him or her, or any 9th
er person or persons, or corporation, in consid'
Grafton of services for, or advancements made
to, said Indians relative to their lands, or to
any claim growing out OF or IN reference to
annuities, installments, or other moneys claims.
demand, or thing under laws or treaties with
the United States. or official acts of any officer
thereof, or in any way connected with or due
frem the United States, unless such contract
OF agreement was reduced to writing and du-
ly signed by the parties in interest thereto at
the time it was entered into and fully made
knswn to the parties at the time the contract
was signed, and then not until such original
written contract shall first have been presented
to and examined by the Secretary of the Int.
rior and the Commissioner of Indian Affairs,
and these facts by them severallY endorsed
thereon, and copy of said contract and Of
any assignments that may have been made
d0lU of in
the Commissioner of Indian Affairs.
SEC. 2. That in addition thereto there shall
| also be filed in said Commissioners Office and
retained therein as official papers, and be ex-
| amined by said Commissioner and Secretary,
and that fact endorsed on them, the following
statement of facts touching each and all such
contracts and agreements SO presented; which
statement shall be sworn to specially by all
| and seVer0lly the person or persons claiming
interest in and seeking the support and en-:
! fOrcement of such contract or agreement, and
not by agent or attorney: First, that the writ
ing presented for examination and record, as
provided for in the first section of this act,
| and purperting to be the original contract or
| agreement, is in fact such, and that it was en-
tered into and reduced to writing at the date
| and for the purposes it purports to have been
made and executed; secondly, such sworn
statement shall give particularly the names OF
the real parties in interest in the original con
tract or agreement. naming them if not named
1 in the written contract of agreement, and i
either Of the contracting parties Is band
I tribe, or nation of Indianss corporation ol
| firm, the name of the person, officer, or Ggeni
contracting in their behalf, together with hii
| authority for SO doing, shall be specially
| stated; thirdly, particular statement of al
and singular the services rendered orSthe thing
or things done under such contract or agree
ment prior to said filing, with those things t.
be done or rendered, together with pRrticu
lar statement of any and all moneys paid o
advanced by either party under such contrac
or agreement. giving in all cases the time
place, and real value of services rendered, o
thing or things done, or the kind and manne
of payment, whether in money, property, O
credits, up to the date of fling of said swor
statement; fourthly, state specifically whethe
the original contract or agreement had bee
submitted to any Secretary of the interior
Commissioner of Indian Affairs, Indian agent
commissioner, or other person haYing officis
control of or connection with Indian affairs
giving the time when, the place where, and tn
person by name to whom such submission wa
made, and whether by said officer endorsed {
not, or whether any such officer was cognizar
of such contract or agreement having bee
made, though not submitted to him for al
proYal.
SEC. 3. That the Secretary or Commissions
6 of Indian Affairs is hereby empowered to r
: require, in writing, any additional facts {
! proofs that may be necessary to aid in dete
. mining the true character of the contract
agreement, or assignment thereof
SEC. 4. That no such contract or aereemel
shall be recognized by any officer or employ'
y Of the United States until the Secretary Of tt
n Interior shall, after full consideration of an
a such contract or agreement, together with Il
: proofs and papers in this act required to
e fled and such as the Secretary of the Interi
I; | or Commissioner of Indian Affairs may requi
\ in addition thereto, the Secretary of the Int
! rior shall consider to be just and reasonabl
: and not tainted with fraud and not exOrbital
:. in its demands: Provided, That the Secretal
:. of the Interior shall in all cases enter,
!, writing, on such original contract, on the r
n cord in the office of the Commissioners Of L
- dian Affairs wherein such original contract
:. recorded, an official statement. showing tn
"a the contract OF agreement and proofs ha
- been fled in accordance with the provisions
= this act and considered by him, and IN b
n opinion said contract or agreement or assig
- ments thereof are not exOrbitant and n
fraudulent, and that they are just, the sar
shall be valid.
But if, in the opinion of the Secretary of t
Interior, such contract or agreement, or t
assignment thereof, is fraudulent or exorblta1
ct he shall officially enter his rejection, in VIZ
r. ing, upon the record of such contract or agr'
ment, and they shall not be considered OF bin
y, ing force by any officer or employee OF t
!! United States.
.sn SIZE. 5. That it is hereby made the duty
f the Secretary OF the Interior to cause an
OF vestiRation to be made of all existing CT
a. = tracts or agreements, within the purview
Il Il this act, now on file in his Office, or of the
= fee of the Commissioner of Indian Affairs,
any other Office OR bureau under his contr
ho bo and by special notice to the party or part
ho t in interest compel, in the case Of each su
he contract or agreement SO found on file, the sa
strietneFs of official examination, and endor
ment, record and sworn statement of fact,
is required by the several provisions of tt
act: Provided, That the investigation of fa
,r touching the character of any contract
agreement contemplated by this act may
made by a commissioner appointed by
9, President for that purpose, who shall rep
20 20 all such facts to the Secretary of the Inter
an an in writing.
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