Chapter XXVI. to amend an Act, entitled “An Act to Divide the State of Arkansas into Two Judicial Districts,” approved March the third, eighteen hundred and fifty-one
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Chap. XXVI.— An Act to amend an Act, entitled “An Act to Divide the State of Arkansas into Two Judicial Districts,” approved March the third, eighteen hundred and fifty-one. March 27, 1854.1851, ch. 24. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That upon conviction of offendersPrisoners, where sentenced to. in the Western Judicial District of the State of Arkansas, for offences to which, punishment by confinement in the penitentiary is annexed, it shall be lawful for the court before whom convictions have or may be had, to sentence convicts to undergo imprisonment in the Penitentiary House of the State situated in the Eastern Judicial District, in the same manner as though the Penitentiary House was situated in the Western JudicialLimits of Western District.
District of the State of Arkansas; and the counties of Sevier and Sebastian in the said State, are hereby added to, and made a part of the said Western Judicial District. Sec. 2. *And be it further enacted*, That when any person shall beSentence to hard labor. convicted in the District Court for the Western District of Arkansas, of any offence committed after the passage of this act, the punishment or part of the punishment whereof is imprisonment by the laws now existing, the said punishment or part of the punishment shall be confinement270THIRTY-THIRD CONGRESS.
Sess. I. Ch. 30. 1854. and imprisonment with hard labor for the same length of time, and shall be carried into effect as provided in the preceding section. Sec. 3. Construction of Act of 1834, ch. 161, respecting intercourse with Indians.*And be it further enacted*, That nothing contained in the twenty-fifth section of an act entitled “An act to regulate intercourse with die Indian tribes, and preserve peace on the frontiers,” approved thirtieth of June,, eighteen hundred and thirty-four, shall be construed to extend or apply to said Indian country any of the laws enacted for the District of Columbia, and that nothing contained in the twentieth section of the said act, which provides for the punishment of offences therein specified, shall be construed to extend to any Indian committing said offences in the Indian country, or to any Indian committing any offence in the Indian country who has been punished by the local law of the tribe, or in any case where, by treaty stipulations, the exclusive jurisdiction over such offences may now or hereafter be secured to said Indian tribes, respectively, and any thing in said act inconsistent with this act be, and the same is hereby repealed.
Sec. 4. Penalty for burning buildings in the Indian country.*And be it further enacted*, That any white person who shall hereafter set fire, or attempt to set fire, to any house, out-house, cabin, stable, or other building, in said Indian country, to whomsoever belonging; and any Indian who shall set fire to any house, out-house, cabin, stable, or other building, in said Indian country, belonging to or in lawful possession of a white person, in whole or in part, and whether the same be consumed or not, shall be deemed guilty of a felony, and shall be punished by confinement and imprisonment, with hard labor for not more than twenty-one nor less than two years.
Sec. 5. Penalty for assaults in the Indian country.*And be it further enacted*, That any white person who shall make an assault upon an Indian, or other person, or any Indian who shall make an assault upon a white person, within said Indian country, with a gun, rifle, sword, pistol, knife, or any other deadly weapon, with intent to kill or maim the person so assaulted, shall be deemed guilty of a felony, and shall, on conviction, be punished with confinement and imprisonment, with hard labor, for not more than five years, nor less than one year.
Sec. 6. Execution of process for offences in the Indian country.*And be it further enacted*, That in all criminal cases, upon indictment, for offences committed in said Indian country, prior to the creation of said Western District of Arkansas, now pending in the Circuit Court of the United States for the Eastern District of Arkansas, process for witnesses residing or to be found in said Western District, may issue to the marshal of said Eastern District, and be execute by him in any part of said Western District; and that the fees of all witnesses so summoned shall be paid by the United States.
Approved, March 27, 1854.