Year: 1872

member at the time of mis- resignation


Approved May %, 1872.


TGENERAL NATURE-NO. 73.I


An act regulating the mode Of making pr


yate contracts with Indians.


Be it enacted by the Senate and House OF
Representatives Of the United States OF
America in Congress assembled, That here,
after no contract or agreement OF
anv klnd shall be made by any
person with any tribe OF Indians,
or individual Indian or Indians, not
a citizen of the United States. for the pay
ment or delivery Of any money or other
thing of value, IN present or in perspective,
or for the granting or procuring any priv
ilepe to him or her, or any other person or
Uersous in consideration Of services for
said Indians relative to their lands, or to
auv claims growing ont of, or in reference
to annuities, installments, or other moneys,
claims demands or thing, under laws or
treaties with the United States, or official
acts of any officers thereof, or in any way
connected with or due from the United
States, unless such contract or agreement
be in writing, and executed and approved
in the manner hereinafter directed.


SEC 2 That all contracts or agreements
between such parties and for such purposes
as named in the first section Of this act
shall be in writing, a duplicate or copy
Ol " hlltl elldll Do utlifClbu ~ EdNii t'tALt y
thereto, as hereinafter provided. All such
contracts shall be executed before Judge
of court Of record andappTOved IN writing
thereon by the Secretary of the Interior
and Commissioner Of Indian Affairs. Such
contract or agreement shall contain the
names Of all parties IN interest, their resi-
denCe and occupation but those made
wit tribe BY their tribal authorities, the
scope of authority and the reason for eXcT-
Cising that authority shall be given speCif-
Caly. Such contracts or agreements shall
state TIE time when and place where made,
the particular purpose for which made, the
special thing or things to be done under 1t,
anu, if for the collection Of money. the basis
of the claim, the source from which II IS to
be collected, the disposition to be made OF
ii when collected, the amount or rate per
centum Of the fee in all cases and if any
contingent matter or condition constitutes
part Of the contract OF agreement 1t shall
be specifically set forth: provided, that all
such contracts shall have fixed limited
time to run, and shall be invalid unless so
limited and provided, that such contracts
shall not be assignablc, in whole or in part,
unlCss the names OF the asslEnees and
their residences and occupation be entered
in writing upon the contract, and the con
sent Of the Secretary Of the Interior and
the Commissioner of Indian Affairs to such
assignment be also indOTsCd thereon; and
be it further provided, that the judge before
whom such contract or agreement is eX-
ecuted shall certify officially the time when
and place where such contract or agree
Zncnt was executed, and that it was in his
presence and who are the interested parties
thereto, as stated to him at the time, the
parties present making the same; the source
and extent Of authority claimed at the time
by the contracting parties to make the con
tract or agreement and whether made IN
person or by agent or attorney OF either
party or parties.


SEC. B. That no money shall be paid to
any agent or attorney by an officer OF
the United States under any such con
tract or agreement, other than the fees
due him for services rendered hereunder
but the moneys due the tribe, Indian or In
dians, as the case may be, shall be pald'by
the United States, through its own officers
or agents, to the party or parties entl-
tied thereto; provided, that no money or
thing Shall be paid to any person for ser
vices under such contract or agreement,
until such person shall have first filed with
the Commissioner Of Indian Attairs a sworn
statement. showing each particular act OF
service under the contract giving date and
fact in detail, and the Secretary of the In
feriOr and Commissioner of Indian Affairs
shall determine therefrOm whether, in their
judgment, such contract or agreement has
been complied with or fulfilled; if so, the
same NAV be paid, and if not, it shall be
maid in proportion to the services rendered
under the contract; provided, that all
such contracts or agreements hereafter
made in violation of the provisions of
this act are hereby declared null and
void and all money or other thing OF
value paid to any person Ia any Indian
or tribe, or any one else foiSOr on his or
their behalf on account Of such ser
vices, in excess Of the amount approved
by said Commissioner and Secretary for
such services, may be recovered by suit in
the namo Of the United States in any conrt
of the United States regardless Of the
amount in controversy, One-half Of which
shall Jc paid to the person suing for the
same, and the other half shall be paid into
the treasury Of the United States for the
use Of the Indian or tribe by or for whom
it was paid; and the person so receiving said
money, and His aiders and abettoTs, shall, in
addition to the forfeiture Of said sum, be
subject to prosecution for .misdemean0r i'll
any court ofthe United States, and, on con
yiction. shall be fined not less than one thou
sand dollars, and imprisoned not less than
six months; and it shall bG the duty Of all dis
trict attorneys Of the United States to prose
cute such cases when applied to to do so,
and their failure aud refusal shall be ground
Tor their removal from Office and any In
dian agent or other person in the employ
zueut Of the United States who shall, in VIC
lation of the provisions Of this act advise,
sanction, or in any way aid in the making
of such contracts or agreements, in making
such payments as are here prohibited, shall,
in addition to the punishment herein i'm
posed on the person making said contract
or receiving said money, be, on conviction.
dismissed from the service Of the United
States, and be forever disqualified from
holding any office OF profit or trust under
the same.