About The Louisville gazette and republican trumpet. (Louisville, Ga.) 1800-1809 | View Entire Issue (June 9, 1802)
'Cj. l : 'nutdfum the firjtpfge.) Or perfon ifijing Ibch licenfe, or by the Prefidait of the Unit ed States, in the penal fum of icoo dollar?, conditioned for the true and faithful obfcrvance of fuch regulations and rcflric cions as are, or fhall be made for the government of trade and inu rcourfe with toe Indian tribes; and the fuperintendent or perfon ifluing fuch licenfe, fhall have full power and autho rity to re cal the fame, if the per fon fo 1 icon fed fhall tranfgrcfa any of the regulations, or rc ilnftions, provided for the go vernment of trade and intcr courfe with the Indian tribes ; and fhall put in fine fuch bonds as he may have taken, on the breach of any condition therein contained. Sec. 8. And he it further enacted, That any fuch citizen or other perfon, who fhall at u nipt to refide in any town or hunting camp of anv of the Indian tubes, a trader, with out fuch licenfe, fhall forfeit all the* merchandife offered for fale to the Indians, or found in his pofleflion, and fhall moreover be liable to a fine not exceeding ico dollars, and to imprifon- Xnent not exceeding 30 days. Sec. 9. And be it further watted, That if any fuch citizen Or other perfon fhall purchafe or receive of any Indian, in the way of trade or barter, a gun or Other article commonly tiled in hunting, any inftrument of huf banclry or cocking ucenfil, of the kind ufually obtained by the Indians, in their intercourfe v/uh white people, or any arti cle of cloathing, excepting fleins or furs, he Hi all forfeit a fum not exceeding fifty dollars, and be imprifoned not exceeding thirty days. Sec. 10. And he it further enabled, \ hat no fuch citizen or other perfon fhall be permitted to purchafe any horfc of an In dian, or of any white man in the Indian territory, without fpecial licenfe for that purpofc ; which licenfe the- fnperintendent, or fuch other perfon as the Prefi cient fhall appoint, is hereby authonfed ro grant, on the fame teams, conditions, and reftric tiyns, as other licenfes are ro be granted under this Ad. And any fuch perfon, who fhall pi..chafe a horfe or horfes under fuch licenfes, before he expofes fuch horfe or horfes for fale, and within fifteen days after they have been brought out of the Indian country, fhall make a particular return to the fuperin tendenr, or other perfon from whom ‘he obtained his licenfe, of every horfe purchafcdby him, as aitncfaU; deferibing fuch holies by their colour, height and other natural or artificial marks, under the penalty con tained in their refpedive bonds. And every fuch perfon purchaf ing a horfe or horfes as afore fdkl, in the Indian .Country, without a fpecial. licenfe, fhall, for every horfe thus purch.if d and brought into any feitlemcnt of citizens of the United States, forfeit d fum not exceeding one hundred dollars, and be impri fonrd not exceeding thirty days, Ahd every perfon who fli all a horfe, knowing inm to he h;ought chK of the Tmlian* territory, by any perfon or per forms, not been fed as above to purchafe the fame, fhall forfeit the value of fuch horfe. Sec. it. And be it further enacted , That no agent, fuper intendcnt, or ether perfon au thor.fed to grant a licenfe to trade or purchase horfes, fhall any intcrefl or concern in any trade with the Indians, or in the purchafe or fale of any horfe to or from a. ; y Indian, ex cepting for and on account of the United States. And any perfon offending herein, lhali forfeit a fum not exceeding one thoufand dollar;;, and be impri foned not exceeding twelve months. Sec. 12. Andie it further enabled, That no purchafe, grant, leafe, or other conveyance of lands, or of any title or claim thereto, from any Indian, or nation, or tnbe of Indians, within the bounds of the United States, (hall be of any validity, in law or equity unlefs the fame be made by treaty or conven tion, entered into purfhant to the conflitution : and it fhall be a mifdemeanor in any perfon, not employed under the autho rity of the United States, to negociare fuch treaty or con vention, dirc&ly or indirectly, to treat with any fuch Indian nation, or tribe of Indians, for the title or purchafe of any lands by them held, or claimed, pun ifhable by fine not exceeding igoo dollars, and imprifonrmnt not exceeding 12 months : Pro vided neverthelefs , that 11 fhall be lawful for the agent or agents of any Hate, who may be pre fent at any treaty held with In dians under the authority of the United States, in the prefence, and with the approbation id the comm ffioncr or cbmmiflioners of the United States, appointed to hold the fame, to propofe to, and adjuft with the Indians, the compenfation to be made, for their claims ro lands within fuch fate, which fhall be extinguish ed by the treaty. Sec. 13. And be it further enabled 3 That in order 10 pro mote civilization among the friendly Indian tribes, and to fecure the continuance of their friendlhip, it fhall be lawful for the President of the United States, to caufe them to be furnifhed with ufeful domcflic animals, and implements of huf bandry, and with goods or mo ney, as he fhall judge proper, and to appoint fuch perfons, from time to time, as temporary agents, to refide among the Indians, as he fhall think fit : Provided , that the whole amount cf luch prefents, and allowance to fuch agents, fhall not exceed iCjCoo dollars per annum. Sec. 14. And he it further enabled. That if any Indian or Indians, belonging to any tribe in amity with the United States, fhall come over or crofs the laid boundary line, into any ftate or territory inhabited by citizens of the United States, and there take, Heal or deftroy any horfe, horfes, ‘oi other property, be longing to any citizen or inha bitant of the United States, or of either of the territorial dif tri& of the United State*, or ihall commit: any Aurder, vio- ? icncc or outrage, upon any iuc’i I citizen or inhabitant, it mail be the duty of flich citizen or in habitant, his reprefentative, at torney cr agent, to make appli cation to the fuperintendent, or Inch other pcrfon as the Prefi dent of the United States, fhall authorife for that purport ; who, upon being furnillied with the ncceildry documents and proofs, mall, under the direction or inrtru&ion of the Prcfident of the United States, make appli cation to the nation or tribe, to which fuch Indian or Indians (hall belong, for fatisfa£lion ; and if fuch nation or tribe (hall negledc cr refurt to make fads faction, in a reafonable time,- nor exceeding twelve months, then it (hail be the dijty of fbch fuperintendent or other pcrfon authorifed as aforefakl, to make icturn of his doings to the Pre liclcnt of the United States, and forward to him all the documents and proofs in the cafe, that fuch further fteps may be taken, as fhall be proper to obtain fatis faftion lor the injury : and in the mean time, in refpedl to the property fo raken, flolen orde llroyed, the United States gua rantee to the party injured, an eventual indemnification : Pro* vided always, that if fuch inju red party, his reprefentative, attorney, or agent, fliall, in any way, violate any of the provi fions of this a£t, by fccking or attempting to obtain private fatisfadtion or revenge, by crof fmg over die line, on any of the Indian lands, he fhall forfeit all claim upon the United States, for fuch indemnification: And providedalfo-y that nothing herein contained ihall prevent the legal apprehenflon cr arreftmg, with in the limits of any (face or dif tndl, of any Indian having fo offended : And provided further , that it (hall be 1 uV» fui for tiie Prefrdent of the United States, to dedudl fuch fum or fums,.as ihall be paid for the property taken, flolen, or dertroyed by any fuch Indian, out of the an nual ffipendy which the United States arc bound to pay to the rnbe, to which fuch Indian (hall belong. Sec. 15. And he it further enabled > That the fuperior courts in each of the faid territorial dif trials, and the circuit courts, and other courts of the United Stares of fimdar jurifdldlion in criminal caufcs, in each diftridl of the United States, in which any offender againft this adl (hall be apprehended, or, agreeably to the provifions of this a<sl, (hall be brought for trial, (hail have, and arc hereby inverted with full power and authority to hear and determine all crimes, offences and mi (demeanors, againrt this a6t ; fuch courts proceeding therein in the fame manner, as if fuch crimes, offences and mifdcmcanors had been commit ted within the bounds of their refpedive dirtri&s ; and in all cafes where the puniihmentlhaii not be death, the county courts of quarter rtffions in the laid territorial dirtri&s, and the dif tricl courts of the United States, in their refpedlivc diftridb, ihall have, and, are hereby inverted with like power to hear and tie fertilise the fame, any b.w ths contrary notwithstanding ; And in all cafes, where the punifiiment fliall be death, it Hi all be lawful for the governor of either cf the territorial dif trids where the offender fhall he apprehended, or into which he lhall be brought for trial, to ifbic a ccmmiffion of oyer and terminer to the fiuperior* judges of fuch dill riff, who (hail have full power and authority to hear and determine all fuch capital tales, in the fame manner as the fuperior' courts of fuch dif triff have in their ordinary fef, fions : and when the i ffender ihali be apprehended, or brought for trial into any of the United States, except Kentucky and Tenneflee, it (hall he lawful for the Prcfident of the United States, to inue a like com million to any one or more judges cf the fupreme court cf the United States, and the judge of the didnft, in which fuch offender may have been apprehended or Ihali have been brought for trial.; which judges, or any two of them, (hall have tne fame ]unf— diction in fuch capital cafes, as the circuit of fuch diftricl, and fliall proceed to trial and judg ment, in the lame manner as fuch circuit court might or could do. And tire diftridl courts of Ken tucky, Tenneflee, and Maine fhall have jurifdifticn cf ail crimes, offences and mifdemea nors committed againft this aT, and (hail proceed to trial and judgment in the fame manner* as the circuit courts of the U nited States. Sec. i 6. And be'it further' enafied. That it (bail be lawful' for the military force of the United States to apprehend eve ry perfon who fhall or may be found in the Indian Country over and beyond the faid boun dary line between the United 1 States and the faid Indian tribes, in violation of any of the pro visions or regulations of this aft, and him or them imme diately to convey, in the neareft convenient and fafe route, to the civil authority of the United Stares, in feme one of the three next adjoining flares or diftridls, to be proceeded againft in duo courfe of law: Provided , That no perfon apprehended by mi litary force as aforefaid, fliall be detained longer than five days after the arrtft, and before re moval. And all officers and foldiers who may have any fuclr perfon or perfons in cuftody, fliall treat them with all the hu manity which the circumfiances will poffibly permit; and every officer and foldier who lhall be guilty of mal-treating any fuch perfon while in cuftody, fhall fuller fuch punifhment as a court-martial fhall direct: Pro vided, That the officer having cuftody of fuch perfon or per fons fliall, if required by fuch perfon or perfons, conduft him or them to the neareft judge of the fupreme or fuperior court of anv flute, who, if the oftence is bailable, fhall take proper bail if offered, returnable to the diftricl court next to be Holden in faid diflrifl; which bail the fa ; d judge is hereby authorifed to take, and which final I be liable (See Jeeoud page-}
