National Republican., 1874-07-03
LGENERAL NAruRE-No. 81

CGENERAL NATURE-No. 25.l
An ACT relative to private contracts or agree
ments made with Indians prior to may TWEEN
ty-frst, eighteen hundred and seYenty-tWo.
Be il enacted by the Senate and ROsSe Of
Representatives of Tie United States Of America
IN Congress assembled, That hereafter it shall
not be lawful for any United States officer, or
other person under It's employ or control, to
recognize 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 citizen of the United States, en-
tered into prior to the date of the act of Con
gress entitled Gan act regulating the mode Of
making private contracts with Indians"
approved May twenty-frst, eighteen hundred
and seVenty-two. for the payment or delivery
Of any money or other thing Of value, in pres
ent or prospective, or for the granting or pro-
curing any privilege to him or her, or any other
person or persons, or corporation, in considera-
ton Of services for, or adYancements made to,
said Indians relative to their lands, or to any
claim growing out of or in reference to annui-
ties, instalments, or other moneys, claims, de-
mand, 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
from the United States, unless such contract
or agreement was reduced to writing and duly
signed BY the parties in interest thereto
AZ the time it was entered into and fully
made known 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 Interior and the Commissioner
of Indian Affairs, and these facts by them sew
orally endorsed thereon, and copy of said
contract and Of any assignments that NAV
have hnoD na1a tharaOn drlu e
in the office of the Commissioner of Indian
Affairs.
Sec. 2. That in addition thereto there shall
also be filled In said Commissioners Office, and
retained therein as official papers, and be ex-
amined by said Commissioner and Secretary,
and that fact indorsed on them, the following
statement of facts touching each and all sucE
contracts and agreement so presented; which
statements shall be sworn to specially by all
and severally the person or persons claiming
interest in and seeking the support and enforce
ment of such contract or agreement, and not
by agent or attorney First, that the writing
presented for examination and record, as pro-
Yided for in the first section of this act, and
purporting to be the original contract or agree
ment, is in fact such, and that it was entered
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 contract or
agreement, naming them if not named in the
written contract or agreement, and If either Of
the contracting parties is band, tribe, or na-
ton of Indians, or corporation or firm, the
name of the person, officer, or agent contract
ing in their behalf, together with his authority
for so doing, shall be specially stated; thirdly,
q particular statement of al and singular the
services rendered or the thing or things done
under such contract or agreement prior to said
filing, with those things to be done or rendered,
together with q particular statement of any
and all moneys paid or advanced by either party
under such contract or agreement, giving in all
cases the time, place, and real value Of SER
vices rendered, or thing or things done, or the
kind and manner of payment, whether in
money, property, or credits, up to the date Of
the filing of the said sworn statement; fcurthly,
state specifically whether the original contract
or agreement had been submitted to any Secra.
tary of the Interior, Commissioner Of Indian
Affairs, superintendent Of Indian affairs, Indian
agent, commissioner, or other person having
official control of or connection with Indian
affairs, giving the time when, place where, and
person by name to whom such submission was
made, and whether by said officer indorsed or
not, or whether any such officer was cognizani
of such contract or agreement having beer
made, though not submitted to him for ap.
proVal.
Sec. 8. That the Secretary or Commissioner
of Indian Affairs Is hereby empowered to re-
quire, in writing, any additional facts or proof
that may be necessary to aid in determining
the true character of the contract or agree
ment, or assignment thereof.
Sec. 4. That no such contract or agreement
shall be recognized by any officer or employe,
Of the United States until the Secretary Of thi
Interior shall, after full consideration of an,
such contract or agreement together with the
proofs and papers In this act required to be
filed, and such as the Secretary of the InteriOl
or Commissioner of Indian Affairs may requir
in addition thereto, the Secretary of the Into
rior shall consider to be just and reasonable,
and not tainted with fraud, and not exorbitani
in its demands Provided, That the SecretarI
OF the Interior shall in all cases enter, u
writing, on such original contract, on the
record in the Office Of the Commissioner q
Indian Affairs wherein such original contract
is recorded, an official statement, showing ths
the contract or agreement and proofs have
been filed in accordance with the provisions o
this act and considered by him, and in his opin
ion said contract or agreement or assignments
thereof are not exorbitant and not fraudulent
and that they are just, the same shall be valid
But If, in the opinion of the Secretary of the
Interior, such contract or agreement, or the
assignment thereof, is fraudulent or exorbitant
he shall officially enter his rejection in writing
upon the record of such contract or agreement
and they shall not be considered of binding
force by an officer or employee of the United
States.
Sec. 5. That It is hereby made the duty Of
the Secretary Of the Interior to cause an in,
vestigatiOn TO be made Of all existing contracts
or agreements, within the puryiew Of this act,
now on file in his Office, or of the office Of the
Commissioner Of Indian Affairs, or any other
Office or bureau under his control, and BY
special notice to the party parties in interest
compel, in the case Of each such contract or
Agreements so found on file, the same strictness
Of official examination, and Endorsement, record
and sword statement of fact, as is required BY
the several provisions Of this act : Proyided,
That tie investigation Of facts touching the
character of any contract or agreement con-
tempIated by this act may be made by a COM
missioner appointed by the President for that
purpose, who shall report all such facts to the
Secretary of the Interior in writing.
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