New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-07-12
OF FIClAL L.

Laws of the United States Passed at the
81 First Session Of the Forty.Third
Congress.
GENERAL NATURE-No. 251
An act relative to private contracts or
agreements made with Indians prior to
N May twenty. first, eighteen hundred and
seventytwo.
Re il enacted by the Senate and House
of Representatives of the United States of
America in Congress assembled, That here
81 after it shall not be lawful for any United
81 States officer, or other person under its EN-
II pioy or control, to recognize the binding
q force or legality, or in any manner sustain
3 or enforce or counsel or give any aid or
4 assistance to sustain or enforce, any con-
tract or agreement made by any person or
Il persons, or corporation, with any band,
TRIBE, or nation of Indians, or individual
Indian or Indians, not citizen of the
8 United States, entered into prior to
q the date of the act Of Congress en-
titled IAN act regulating the mode
s Of making private contracts with Indians"
approved May twenty first, eighteen hun
dred and seventy-tw for the payment or
delivery of any money or other thing of
h value, IN present or prospective, or for the
granting or procuring any privilege to him
or her, or any other person or persons, or
Is corporation, in consideration of services for;
y or advancements made to, said Indians rel
alive to their lands, or to any claim grow
AZ ing out of or in reference to annuities, in
& stallments, or other moneys, claims, de-
luand. or thing under laws or treaties with
Il the United States, or official acts of any
officer thereof, or in any way connected
with or due from the United States, unless
n such contract or agreement was reduced to
= writing and duly signed by the parties in
g interest thereto at the time 1t was entered
into and fully made known to the parties
at the time the contract was signed, and
g then not until such original written contract
Il shall first have been presented to and ex-
amined by the Secretary Of the Interior and
the Commissioner of Indian Affairs, and
a these facts by them severally endorsed
any assignments that may have been made
thereon duly entered Of record in the Office
OF the Commissioner of Indian Affairs.
SEC. ,. That in addition thereto there
shall also be filed in said commissioners
office, and retained therein as official pa
& pers, and be examined by said commissioner
and secretary, and that fact indorsed on
them, the following statement Of facts
touching each and all such contracts and
a agreements 80 presented; which statements
shall be sworn to specially by all and sew
orally the person or persons claiming in
a terest in and seeking the support and en-
forcement of such contract Or agreement,
Il duU uOJ ny agent Or dlUOTucy. ClEst, UudU
the writing presented for examination and
record as provided for in the first section
Of this act, and purporting to be the original
contract or agreement, is in fact such, and
that it was entered into and redeced to
4 writing at the date and for the purposes 1t
purports to have been made and executed;
/ secondly, such sworn statement shall give
II particularly the names OF the real parties
4 10 interest in the original contract or agree
4 meat. naming them if not named in the
q written contract or agreement, and If
n either of the contracting parties is a band,
tribe, or nation Of Indians, or a corpora
ton or firm, the name Of the person, officer,
or agent contracting in their behalf. to.
gether with his authority for 80 doing, shall
be specially stated; thirdly, particular
statement of all and singular the services
rendered or the thing or things
9 done under such contract or agree
ment prior to said filing, with those
things to be done or rendered, together
with a 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 services rendered, or thing or things
done, or the kind and manner OF payment,
whether in money, property, Or credits, up
70 the date Of the filing OF the said sworn
statement; fOurthly, state specifically
whether the original contract or agreement
Interior, Commissioner OF Indian affairs,
u Superintendent of Indian affairs, Indian
agent. commissioner, or other person having
Z official control Oi OF connection with ln-
dian affairs, giving tue time when, place
where, and person by name u whom such
submission was made, and whether by said
officer Endorsed or not, or whether any such
officer was cognizanJ of sucn contract or
agreement having been made, though not
N submitted to bin for approval.
SEC. 3. That the Secretary or commits
sioner of Indian Affairs is hereby emp wv
cred to require, in writing. any additional
facts or proofs that may be necessary To
aid in determining the true character OF
the contract or agreement, or assignment
thereof.
SEC. l. That no such contract or agree
ment shall be recognized by any officer or
employee of the United States until the
Secretary of the Interior shall, after full
consideration OF any such contract or agree
ment, together with the proofs and papers
6 in this act required to be filed, and such as
the Secretary of the Interior or Commits
soner of Indian Affairs may require in ad,
dition thereto the Secretary of the Interior
shall consider to be just and reasonable,
and not tainted with fraud, and not ex0r.
pitant in its demands: Provided, That the
Secretary of the Interior shall in all cases
enter. in writing, on such original contract,
on the record in the office of the Commits
sioner of Indian Affairs wherein such orlgl
nal contract is recorded, an official state
ment. showing that the contract or agree
nent and proofs have been filed in accord
ance with the provisions of this act and
considered by him, and in his opinion said
contract or agreement or assignments
thereof are not eXOrbitant and not fraud
ulent, 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, OF
the assignment thereof. is fraudulent OF
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 any
officer or employee of the United States.
SEC 5. That it is hereby made the duty
of the Secretary of the Interior to cause al
investigation to be made of all existing con
tracts or agreements, within the purview o.
this act, now on file in bis office, or of the
Office of the Commissioner of Indian Affairs
or any other office or bureau under his con
troll, and by special notice to the party OF
parties in interest compel, in the case Of
each such contract or agreement go found
Oh file, the same strictness of official exam
nation, and Endorsement, record and swOrr
statement OF fact, as is required by thu
several provisions of this act; provided
that the Investigation of facts touching the
Character of any contract OF agreement
contemplated by this act may be made b,
commissioner appointed by the President
for that purpose, who shall report al, sucl
facts to the Secretary OF the Interior il