United States Statutes at Large/Volume 3/17th Congress/1st Session/Chapter 58
Chap. LVIII.—An Act to amend an act, entitled “An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers,” approved thirtieth March, one thousand eight hundred and two.
The seventh section of the act of March 30, 1802, ch. 13, repealed.
Superintendents and agents may grant licences.
Licenses to be granted only to citizens who are to give bond with securities, &c.
Licenses for 7 years for trade with remote tribes, and 2 years with others.
Superintendents and agents to return abstract of licenses to be laid before Congress.
The President may direct Indian agents, &c. to cause the stores and packages of goods of traders to be searched for ardent spirits, &c.
If ardent spirits are found, the goods are forfeited.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the seventh section of the act, entitled “An act to regulate trade and intercourse with the Indian tribes and to preserve peace on the frontiers,” shall be, and the same is hereby, repealed; and from and after the passing of this act, it shall be the lawful for the superintendents of Indian affairs in the territories and Indian agents, under the direction of the President of the United States, to grant licenses to trade with Indian tribes; which licenses shall be granted to citizens of the United States, and to none others, taking from them bonds with securities in the penal sum not exceeding five thousand dollars, proportioned to the capital employed, and conditioned for the due observance of the laws regulating trade and intercourse with the Indian tribes; and said licenses may be granted for a term not exceeding seven years for the trade with the remote tribes of Indians beyond the Mississippi, and two years for the trade with all the other tribes. And the superintendents and agents shall return to the Secretary of War, within each year, an abstract of all licenses granted, showing by and to whom, when, and where, granted, with the amount of the bonds and capital employed, to be laid before Congress, at the next session thereof.
Sec. 2. And be it further enacted, That it shall and may be lawful for the President of the United States, in execution of the power vested in him by the twenty-first section of the act of the thirtieth of March, one thousand eight hundred and two, aforesaid, to which this is an amendment, to direct Indian agents, governors of territories acting as superintendents of Indian affairs, and military officers, to cause the stores and packages of goods of all traders to be searched, upon suspicion or information that ardent spirits are carried into the Indian countries by said traders in violation of the said twenty-first section of the act to which this is an amendment; and if any ardent spirits shall be so found, all the goods of the said traders shall be forfeited, one half to the use of the informer, the other half to the use of the government, his license cancelled, and bond put in suit.
All purchases of annuities, &c. for Indians, to be made by agents and governors of territories acting, &c.
Accounts annually settled at the War Department, &c.Sec. 3. And be it further enacted, That all purchases for and on account of Indians, for annuities, presents, and otherwise, shall be made by the Indian agents and governors of territories acting as superintendents, within their respective districts; and all persons whatsoever, charged or trusted with the disbursement or application of money, goods, or effects, of any kind, for the benefit of Indians, shall settle their accounts annually, at the War Department, on the first day of September; and copies of the same shall be laid before Congress at the commencement of the ensuing session, by the proper accounting officers, together with a list of the names of all persons to whom money, goods, or effects, had been delivered within the said year, for the benefit of the Indians, specifying the amount and object for which it was intended, and showing who are delinquent, if any, in forwarding their accounts according to the provisions of this act.
Trials about the right of property, where Indians are parties, &c.Sec. 4. And be it further enacted, That, in all trials about the right of property, in which Indians shall be party on one side and white persons on the other, the burthen of proof shall rest upon the white person, in every case in which the Indian shall make out a presumption of title in himself from the fact of previous possession and ownership.
Additional security, &c. from persons intrusted with the disbursement of money, &c.Sec. 5. And be it further enacted, That it shall and may be lawful for the President of the United States, from time to time, to require additional security, and in larger amounts, from all persons charged or trusted, under the laws of the United States, with the disbursement or application of money, goods, or effects, of any kind, for the benefit of the Indians.
A superintendent of Indian affairs, to reside at St. Louis, &c.
And an agent in East and West Florida.Sec. 6. And be it further enacted, That the President of the United States, by and with the advice and consent of the Senate, may appoint a superintendent of Indian affairs, to reside at St. Louis, whose powers shall extend to all Indians frequenting that place, whose salary shall be fifteen hundred dollars per annum; and one agent for tribes within the limits of East and West Florida, with a salary of fifteen hundred dollars.
Approved, May 6, 1822.