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Code · STATUTES-AT-LARGE · Vol. 9 STAT. · March 3, 1847 · Chapter LXVI

Chapter LXVI. *to amend an Act entitled “An Act to provide for the better Organization of the Department of Indian Affairs,” and an Act entitled “An Act to regulate Trade and Intercourse with the Indian Tribes, and to preserve Peace on the Frontiers,” approved June thirtieth, eighteen hundred and thirty-four, and

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Chap. LXVI.— An Act *to amend an Act entitled “An Act to provide for the better Organization of the Department of Indian Affairs,” and an Act entitled “An Act to regulate Trade and Intercourse with the Indian Tribes, and to preserve Peace on the Frontiers,” approved June thirtieth, eighteen hundred and thirty-four, and for other Purposes.* March 3, 1847.1834, ch. 162. 1834, ch. 161. 1843, ch. 118, §3. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the limits of Limits of superintendencies, agencies, &c., to be established.each superintendeucy, agency, and sub-agency shall be established by the Secretary of War, either by tribes or geographical boundaries; and the superintendents, agents, and sub-agents shall be furnished with offices for the transaction of the public business, and the agents and sub-agents with houses for their residences, at the expense of the Offices and houses for superintendents, agents, &c.United States; and, with the assent of the Indians, be permitted to cultivate such portions of land as the President or Secretary of War may *may* deem proper.
Sec. 2. *And he it further enacted,* That the twentieth section of the “Act to regulate Trade and Intercourse with the Indian Tribes, 1834, ch. 161.and to preserve Peace on the Frontiers,” approved June thirtieth, eighteen hundred and thirty-four, be, and the same is hereby, so amended, that, in addition to the tines thereby imposed, any person who shall sell, exchange or barter, give, or dispose of, any *sirituous* liquor or wine to an Indian, in the Indian country, or who shall introduce, or attempt to introduce, any *sirituous* liquor or wine into the Indian Penalty for introducing into the Indian country and selling spirituous liquors.country, except such supplies as may be necessary for the officers of the United States and the troops of the service, under the direction of the War Department, such person, on conviction thereof before the proper District Court of the United States, shall in the former case be subject to imprisonment for a period not exceeding two years, and in the latter case not exceeding one year, as shall be prescribed by the court, according to the extent and criminality of the offence.
And in all prosecutions arising under this section, and under the Indians made competent witnesses. 1834, ch. 161.twentieth section of the act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers, approved June thirtieth, eighteen hundred and thirty-four, to which this is an amendment, Indians shall be competent witnesses. Sec. 3. *And be it further enacted,* That the eleventh section of the “Act to provide for the better Organization of the Department of Indian 1834, ch. 162.Affairs,” approved June thirtieth, eighteen hundred and thirty-four, be, and the same is hereby, so amended as to provide that all annuities or other moneys, and all goods, stipulated by treaty to be Annuities, goods, &c., may be paid over to heads of families.paid or furnished to any Indian tribe, shall, at the discretion of the President or Secretary of War, instead of being paid over to the chiefs, or to such persons as they shall designate, be divided and paid over to the heads of families and other individuals entitled to participate therein, or, with the consent of the tribe, be applied to such purposes as will best promote the happiness and prosperity of the mem bers thereof, under such regulations as shall be prescribed by the Secretary of War, not inconsistent with existing treaty stipulations.
And no such annuities, or moneys, or goods, shall be paid or distributed No annuities, moneys, or goods to be distributed to Indians while in a state of intoxication.to the Indians while they are under the influence of any description of intoxicating liquor, nor while there are good and sufficient reasons for the officers or agents, whose duty it may be to make such payments or distribution, for believing that there is any species of intoxicating liquor within convenient reach of the Indians, nor until the chiefs and head men of the tribe shall have pledged themselves to use all their influence and to make all proper exertions to prevent the introduction and sale of such liquor in their country; and all executory contracts made and entered into by any Indian for the payment 204 TWENTY-NINTH CONGRESS.
Sess. II. Ch. 67. 1847.of money or goods shall be deemed and held to be null and void, and of no binding effect whatsoever. One clerkship of $1000 discontinued. Salaries of two clerkships increased. Sec. 4. *And be it further enacted,* That from and after the thirtieth day of June next, one of the clerkships of a thousand dollars in the office of Indian affairs shall be discontinued, and that to the salary of chief clerk of said office there shall be added the sum of one hundred dollars, and to one of the salaries of a thousand dollars the sum of two hundred dollars. 1850, ch. 91. 1851, ch. 12. $5,000 appropriated for statistical and historical objects.
Sec. 5. *And be it further enacted,* That in aid of the means now possessed by the Department of Indian Affairs through its existing organization, there be, and hereby is, appropriated the sum of five thousand dollars, to enable the said department, under the direction of the Secretary of War, to collect and digest such statistics and materials as may illustrate the history, the present condition, and future prospects of the Indian tribes of the United States. Sec. 6. *And be it further enacted,* That for the purchase of presents for the Camanche and other Indians of Texas and the southwestern prairies, promised them in eighteen hundred and forty-six, and $20,000 appropriated for presents to Camanche and other wild tribes.for the same object the present year, the sum of twenty thousand dollars be, and the same is hereby, appropriated out of any money in the treasury not otherwise appropriated: *Provided,* That so much of this amount, not exceeding one half, as may be found necessary on a Terry and Brothers to be reimbursed for advances.proper settlement of the account of Messrs.
Terry and Brothers, be paid to them for presents which they advanced in the year eighteen hundred and forty-six, the War Department not having the authority to furnish them. Compensation for special agent and two interpreters. Sec. 7. *And be it further enacted,* That for compensation of a special agent and two interpreters for one year, to enable the War Department to keep up such a communication with the said Indians as may be necessary towards the preservation of a good understanding with them, and securing peace on the frontier, the sum of three thousand six hundred and fifty dollars be, and the same is hereby, appropriated Appropriation to carry into effect treaty with Camanches.out of any money in the treasury not otherwise appropriated, and that the sum of ten thousand dollars be, and the same is hereby, appropriated to carry into effect the treaty with the Camanche and other tribes of Indians.
Expenses of commission under the Cherokee treaty. Sec. 8. *And be it further enacted,* That the sum of six thousand dollars be, and the same is hereby, appropriated out of any money in the treasury not otherwise appropriated, and placed at the discretion of the President to defray the expenses of the commission now sitting under the treaty between the United States and the Cherokee Indians of eighteen hundred and thirty-five and six. Approved, March 3, 1847.
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