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18. Whenever any person of Indian blood belonging to a band or tribe who receive, 14 June 1862 § 2. or are entitled to receive, annuities from the government of the United States, and who Trespasses by has not adopted the habits and customs of civilized life, and received his lands in non-civilized Inseveralty by allotment, as mentioned in the foregoing section of this act, shall commit pensated. any trespass upon the lands or premises of any Indian who has received his lands by allotment, as aforesaid, it shall be the duty of the superintendent and agent of such band or tribe to ascertain the damages resulting from such trespass; and the sum so ascertained shall be withheld from the payment next thereafter to be made, either to the band or tribe to which the party committing such trespass shall belong, as in the discretion of the superintendent he shall deem proper, and the sum so retained shall be paid over by the said agent or superintendent to the party injured, with the approval of the secretary of the interior.
19. In case the trespasser shall be the chief or headman of a band or tribe, in addition to the penalties above provided for, it shall be the duty of the superintendent of Indian Penalty in case affairs in his district to suspend the said trespasser from his office for three months, and of trespass by a during that time to deprive him of all the benefits and emoluments connected therewith: Provided, That the said chief or headman may be sooner restored to his former standing if the superintendent shall so direct.
13 Stat. 40.
tions in Califor
20. There shall be set apart by the president, and at his discretion, not exceeding 8 April 1864 2 2. four tracts of land, within the limits of said state, to be retained by the United States for the purposes of Indian reservations, which shall be of suitable extent for the accom- Indian reservamodation of the Indians of said state, and shall be located as remote from white settle- nia. ments as may be found practicable, having due regard to their adaptation to the purposes for which they are intended: Provided, That at least one of said tracts shall be located in what has heretofore been known as the northern district: And provided Purchase of imfurther, That if it shall be found impracticable to establish the reservations herein contemplated without embracing improvements made within their limits by white persons lawfully there, the secretary of the interior is hereby authorized and empowered to contract for the purchase of such improvements, at a price not exceeding a fair valuation thereof, to be made under his direction; but no such contract shall be valid nor any money paid thereon until, upon a report of said contract and of said valuation to congress, the same shall be approved, and the money appropriated by law for that purpose: And provided further, That said tracts to be set apart as aforesaid may or To include former may not, as in the discretion of the president may be deemed for the best interests of reservations. the Indians to be provided for, include any of the Indian reservations heretofore set apart in said state; and that in case any such reservation is so included, the same may be enlarged to such an extent as in the opinion of the president may be necessary, in order to its complete adaptation for the purposes for which it is intended.
Ibid. 23. Reservations not
21. The several Indian reservations in California, which shall not be retained for the purposes of Indian reservations under the provisions of the preceding section of this act, shall, by the commissioner of the general land office, under the direction of the retained to be secretary of the interior, be surveyed into lots or parcels of suitable size, and as far as practicable in conformity to the surveys of the public lands, which said lots shall, under his direction, be appraised by disinterested persons at their cash value, and shall Appraisement. thereupon, after due advertisement as now provided by law in case of other public lands, be offered for sale at public outery, and thence afterward shall be held subject to sale at private entry, according to such regulations as the secretary of the interior may prescribe: Provided, That no lot shall be disposed of at less than the appraised Price. value, nor at less than one dollar and twenty-five cents per acre: And provided further, Sale. That said sale shall be conducted by the register and receiver of the land office in the district in which such reservation or reservations may be situated, in accordance with the instructions of the department regulating the sale of public lands.
22. When it shall become necessary to survey any Indian or other reservations or any lands, the same shall be surveyed under the direction and control of the general Survey of Indian land office, and as nearly as may be in conformity to the rules and regulations under reservations. which other public lands are surveyed.
13 Stat. 63.
tions in Utah to
23. That the secretary of the interior be and he is hereby authorized and required, to 5 May 1864 1. cause the several Indian reservations heretofore made, or occupied as such in the territory of Utah, excepting Uinta valley, to be surveyed into tracts or lots not exceeding Indian reservaeighty acres each, under the direction of the commissioner of the general land office, be sold. and upon the completion of such surveys shall cause said tracts or lots to be sold upon sealed bids, to be duly invited by public advertisement for a period not less than three Mode of sale. months, in a newspaper of general circulation published in the territory of Utah, and also a newspaper published in Washington, to the highest and best bidder; said bids may be filed with the governor of said territory at the seat of government thereof, and
5 May 1864.
Application of proceeds.
Ibid. 22. Indians to be settled in the Uinta valley.
12 June 1858 2. 11 Stat. 332.
III. TRADE AND INTERCOURSE WITH THE INDIANS.
25. That the commissioner of Indian affairs be and he hereby is authorized and required, with the approval of the secretary of the interior, to remove from any tribal reservation, any person found therein without authority of law, or whose presence removed from In- within the limits of the reservation may, in his judgment, be detrimental to the peace
Unauthorized persons may be
and welfare of the Indians; and to employ for the purpose such force as may be necessary to enable the agent to effect the removal of such person or persons.
14 June 1858 3. 11 Stat. 363.
26. That in executing process in the Indian country, the marshal be authorized to employ a posse comitatus, not exceeding three persons in any of the states respectively, Execution of pro- to assist in executing process by arresting and bringing in prisoners from the Indian
cess in the
country, and to allow them three dollars per diem in lieu of all expenses and services.
28. That so much of the act entitled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers," approved June 30th 1834,(a) as provides that the United States shall make indemnification out of the treasury for property taken or destroyed, in certain cases, by Indians trespassing on white men, as described in the said act, be and the same is hereby repealed: Provided, however, That nothing herein contained shall be so construed as to impair or destroy the obligation of the Indians to make indemnification out of the annuities as prescribed in said act.
Ibid. 8. Part of act of 1834 repealed.
with the secretary of the interior in Washington; such bids as may be received by said governor shall, without opening the same, be forwarded to the secretary of the interior, when the same, with the bids filed with him, shall be opened in the presence of the secretary of the interior, the commissioner of public lands, and the commissioner of Indian affairs, and any bidders who may choose to be present at the opening thereof. And the secretary of the interior shall apply the proceeds of such sales to the construction of improvements upon the reservations which may be established under the provisions of this act or by other lawful authority, or to the purchase of stock, agricultural implements or such other useful articles, as to him may seem best adapted to the wants and requirements of the Indians: Provided, That no tract of land shall be sold under the provisions of this section, for less than its appraised value in cash, to be duly ascertained by commissioners appointed by the secretary of the interior for that purpose. 24. That the superintendent of Indian affairs for the territory of Utah be and he is hereby authorized and required, to collect and settle all or so many of the Indians of said territory as may be found practicable, in the Uinta valley in said territory, which is hereby set apart for the permanent settlement and exclusive occupation of such of the different tribes of Indians of said territory as may be induced to inhabit the same.
15 Mar. 1864 1. 13 Stat. 29.
29. If any person shall sell, exchange, give, barter or dispose of any spirituous liquors or wine to any Indian, under the charge of any Indian superintendent or Indian agent Sale of liquors to appointed by the United States, or shall introduce or attempt to introduce any spirituous
liquor or wine into the Indian country, (b) such person, on conviction thereof, before the proper district or circuit court of the United States, shall be imprisoned for a period not exceeding two years, and shall be fined not more than three hundred dollars: Provided, however, That it shall be a sufficient defence to any charge of introducing or attempting to introduce liquor into the Indian country if it be proved to be done by order of the war department, or any officer duly authorized thereunto by the war departPowers of super- ment. And if any superintendent of Indian affairs, Indian agent or sub-agent, or
intendents and agents.
commanding officer of a military post, has reason to suspect, or is informed, that any white person or Indian is about to introduce, or has introduced, any spirituous liquor or wine into the Indian country, in violation of the provisions of this section, it shall be lawful for such superintendent, agent, sub-agent or commanding officer to cause the boats, stores, packages, wagons, sleds, and places of deposit of such person to be searched; and if any such liquor is found therein, the same, together with the boats, teams, wagons and sleds used in conveying the same, and also the goods, packages and peltries of such person, shall be seized and delivered to the proper officer, and shall be proceeded against by libel in the proper court, and forfeited, one half to the informer and the other half to the use of the United States; and if such person be a trader, his license shall be revoked and his bond put in suit. And it shall moreover be the duty
Proceedings in case of seizure.
(a) 1 vol. 429, pl. 67.
(b) Washington Territory is such Indian country. Fowler v. United States, Wash. T. Rep. 5.
of any person in the service of the United States, or of any Indian, to take and destroy 15 March 1864. any ardent spirits or wine found in the Indian country, except such as may be intro- Indians may be duced therein by the war department. And in all cases arising under this act, Indians witnesses. shall be competent witnesses.
13 Stat. 563.
30. Any person who may drive or remove, except as hereinafter provided, any cattle, 3 March 1865 8 8. horses or other stock from the Indian territory, for the purposes of trade or commerce, shall be guilty of a felony, and on conviction, be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding three years, or by both such fine and imprisonment.
from Indian ter
Driving of cattle ritory punished.
31. That the agent of each tribe of Indians, lawfully residing in the said Indian terriIbid. 29. tory, be and he is hereby authorized to sell, for the benefit of said Indians, any cattle, Agents to sell horses or other live stock belonging to said Indians, and not required for their use and cattle for benefit subsistence, under such regulations as shall be established by the secretary of the interior: Provided, That nothing in this and the preceding section shall interfere with the execution of any order lawfully issued by the secretary of war, connected with the movement or subsistence of the troops of the United States.
14 Stat. 280.
32. Any loyal person, a citizen of the United States, of good moral character, shall 26 July 1866 § 4. be permitted to trade with any Indian tribe, upon giving bond to the United States in the penal sum of not less than five nor more than ten thousand dollars, with at least two good securities, to be approved by the superintendent of the district within which such person proposes to trade, or by the United States district judge or district attorney for the district in which the obligor resides, renewable each year, conditioned that such person will faithfully observe all the laws and regulations made for the government of trade and intercourse with Indian tribes, and in no respect violate the same: Provided, That the laws now in force regulating trade and intercourse with Indian tribes, affecting licensed traders, and prescribing the powers and duties of the commissioner of Indian affairs, superintendents, agents and sub-agents, in connection therewith, shall be continued in force and apply to traders under this provision, except as herein otherwise provided.
Certain persons mitted to trade with the Indians on giving bond.
IV. MISCELLANEOUS PROVISIONS.
33. No goods shall be purchased by the Indian department, or its agents, for any tribe, except upon the written requisition of the superintendent in charge of the tribe, and only upon public bids in the mode prescribed by law for the purchase of other supplies.
Ibid. 26. Settlements, how
competent or orphan Indians.
34. That the secretary of the interior be and he is hereby directed, to cause settlements to be made with all persons appointed by Indian councils to receive moneys due to incompetent or orphan Indians, and to require all moneys found to be due to said made with inincompetent or orphan Indians to be returned to the treasury of the United States; and all moneys so returned shall bear an interest the rate of six per centum per annum, until paid by order of the secretary of the interior to those entitled to the same. And no money shall hereafter be paid to any person or persons appointed by any Indian council to receive moneys due to incompetent or orphan Indians, but the same shall remain in the treasury of the United States, until ordered to be paid by the said secretary to those entitled to receive the same, and shall bear six per centum interest until so paid.
14 Stat. 280.
35. No funds belonging to any Indian tribe with which treaty relations exist, shall 26 July 1866 ? 2. be applied in any manner not authorized by such treaty, or by express provisions of law; nor shall money appropriated to execute a treaty be transferred or applied to any Application of treaty funds. other purpose, unless expressly authorized by law.
5 July 1862 8 5.
12 Stat. 529.
1. State laws relating to imprisonment for debt, to apply to federal process.
1. Whenever, upon mesne process or execution issuing out of any of the courts of 2 March 1867 1. 14 Stat. 543. the United States, any defendant therein is arrested or imprisoned, he shall be entitled State laws relatto discharge from such arrest or imprisonment in the same manner as if he was so ing to imprisonarrested or imprisoned on like process of the state courts in the same district; and the ment for debt, to same oath may be taken, and the same length of notice thereof shall be required, as is apply to federal provided by such state laws. And all modifications, conditions and restrictions upon imprisonment for debt, now existing by the laws of any state, shall be applicable to process issuing out of the courts of the United States therein, and the same course of proceedings shall be adopted as now are or may be in the courts of such states; but all such proceedings shall be had before some one of the commissioners appointed by the United States circuit court to take bail and affidavits.
21. Transportation of goods may be prohibited in like cases. Security may be required from shippers. Forfeiture in case of violation.
Pay and allow
Ibid. 3. Penalty for disobedience of orders.
26. Power to grant licenses restricted.
27. Secretary to prescribe regulations.
III. EXONERATION OF CIVIL AND MILITARY OFFICERS.
28. President's order to be a full defence to action for arrest, &c.
29. Limitation of actions.
30. Orders of a superior officer to be a defence.
31. How such orders to be proved.
IV. GENERAL PROVISIONS.
32. Property employed for insurrectionary purposes to be forfeited.
33. Jurisdiction of the courts.
34. Proceedings for condemnation.
35. Bona fide claims of loyal citizens to be paid out of forfeited property.
36. Agents for captured property, &c.
37. How appropriated.
(a) The manner in which the army and navy are to be employed, in the suppression of an insurrection, is left to the discretion of the president, guided by the usages and principles of civilized war; among which are the institution of a blockade and the capture of enemy's property at sea. The Amy Warwick, 2 Black 635. s. c. 2 Spr. 123. The Revere, 2 Spr. 107. The inhabitants of states in rebellion against the government are to be considered as alien enemies, and as such, disqualified from suing in the courts of the loyal states. Bouneau v. Dinsmore, 24 Law
38. Bonds of agents. When owner may reclaim. Jurisdiction of the court of claims.
39. Property brought from insurrectionary districts to be confiscated. Proceedings for condemnation. Punishment of agents. Remission of penalties.
40. All captured property to be delivered up.
41. Not to apply to naval captures.
42. Sales of abandoned property.
43. Abandoned real estate to be leased. When property to be deemed abandoned.
22. Proceedings for, and remission of, penalties.
48. Neglect to be deemed embezzlement.
23. Distribution of penalties, &c.
49. Aliens not to maintain suits for acts done under the cap
24. What territory and persons to be embraced in restricted tured and abandoned property laws. Exceptions. intercourse. 50. Jurisdiction of the court of claims to be exclusive. Payment of judgments.
25. When restrictions to apply to parts of loyal states.
44. Proceeds to be paid into the treasury. What property to be deemed abandoned.
I. MILITARY POWERS OF THE PRESIDENT.
29 July 1861 1. 1. Whenever, by reason of unlawful obstructions, combinations or assemblages of
12 Stat. 281.
45. Distribution of fines and penalties, &c.
46. Property captured on inland waters not to be deemed prize. 47. Proceeds of sales to be paid into the treasury.
persons, or rebellion against the authority of the government of the United States, it Militia, army and shall become impracticable, in the judgment of the president of the United States, to
navy may employed to suppress insurrection, &c.
2. Whenever, in the judgment of the president, it may be necessary to use the miliProclamation te tary force hereby directed to be employed and called forth by him, the president shall forthwith, by proclamation, command such insurgents to disperse and retire peaceably to their respective abodes, within a limited time.
Ibid. 23. 3. The militia so called into the service of the United States shall be subject to the Militia to be sub- same rules and articles of war as the troops of the United States, and be continued in
ject to articles
the service of the United States until discharged by proclamation of the president: Provided, That such continuance in service shall not extend beyond sixty days after the commencement of the next regular session of congress, unless congress shall expressly provide by law therefor: And provided further, That the militia so called into the service of the United States shall, during their time of service, be entitled to the same pay, rations and allowances for clothing as are or may be established by law for the army of the United States.
enforce, by the ordinary course of judicial proceedings, the laws of the United States, within any state or territory of the United States, it shall be lawful for the president of the United States to call forth the militia of any or all the states of the Union, and to employ such parts of the land and naval forces of the United States as he may deem necessary, to enforce the faithful execution of the laws of the United States, or to suppress such rebellion, in whatever state or territory thereof the laws of the United States may be forcibly opposed, or the execution thereof forcibly obstructed. (a)
4. Every officer, non-commissioned officer or private of the militia, who shall fail to obey the orders of the president of the United States, in any of the cases before recited, shall forfeit a sum not exceeding one year's pay, and not less than one month's pay, to be determined and adjudged by a court martial; and such officer shall be liable to be cashiered by a sentence of court martial, and be incapacitated from holding a com
Rep. 381. s. c. 19 Leg. Int. 108. Nor can they appear as claimants in a case of prize. United States v. The Isaac Hammett, 4 West. L. Mo. 486. s. c. 10 Pitts. L. J. 97. United States v. The Allegheny, Ibid. 276. United States v. One Hundred Barrels of Cement, 12 Am. L. R. 735. A private soldier in the rebel army may rely upon the belligerent rights conceded to the confederacy, as a defence, in a civil suit for property taken according to the usages of war. Hughes v. Litsey, 14 Am. L. R. 148.
mission in the militia, for a term not exceeding twelve months, at the discretion of the court; and such non-commissioned officer and private shall be liable to imprisonment, by a like sentence, on failure of payment of the fines adjudged against them, for one calendar month for every twenty-five dollars of such fine.
Ibid. 3 4. Ibid. 5. Collection of
5. Courts martial for the trial of militia shall be composed of militia officers only. 6. All fines to be assessed as aforesaid shall be certified by the presiding officer of the court martial, and shall be collected and paid over according to the provisions and in the manner prescribed by the 7th and 8th sections of the act of February 28th 1795, fines. to which this is an amendment.(a)
29 July 1861.
7. Sections two, three and four of the act entitled "An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel Repealing secinvasions, and to repeal the act now in force for those purposes," approved February tiou. 28th 1795, (b) and so much of the residue of said act and of all other acts as conflict with this act, are hereby repealed.
12 Stat. 334.
8. That the president of the United States, when in his judgment the public safety 31 Jan. 1862 2 1. may require it, be and he is hereby authorized to take possession of any or all the telegraph lines in the United States, their offices and appurtenances; to take possession of Railroad and to legraph lines any or all the railroad lines in the United States, their rolling-stock, their offices, shops, may be taken buildings and all their appendages and appurtenances; to prescribe rules and regula- possession of. tions for the holding, using and maintaining of the aforesaid telegraph and railroad lines, and to extend, repair and complete the same, (c) in the manner most conducive to the safety and interest of the government; to place under military control all the To be placed officers, agents and employés belonging to the telegraph and railroad lines thus taken possession of by the president, so that they shall be considered as a post road and a part of the military establishment of the United States, subject to all the restrictions imposed by the rules and articles of war.
under military control.
9. Any attempt by any party or parties whomsoever, in any state or district in which the laws of the United States are opposed, or the execution thereof obstructed by insur- Penalty for obgents and rebels against the United States, too powerful to be suppressed by the ordi- structing the use nary course of judicial proceedings, to resist or interfere with the unrestrained use by government of the property described in the preceding section, or any attempt to injure or destroy the property aforesaid, shall be punished, as a military offence, by death or such other penalty as a court martial may impose.
Ibid. § 3.
10. Three commissioners shall be appointed by the president of the United States, by and with the advice and consent of the senate, to assess and determine the damages Commissioners to suffered, or the compensation to which any railroad or telegraph company may be en- assess damages. titled, by reason of the railroad or telegraph line being seized and used under the authority conferred by this act, and their award shall be submitted to congress for their action.
(a) 1 vol. 622, pl. 23–24.
11. The compensation of each of the commissioners aforesaid shall be eight dollars per day while in actual service; and the provisions of this act, so far as it relates to Their compensathe operating and using said railroads and telegraphs, shall not be in force any longer tion. than is necessary for the suppression of this rebellion.
12 Stat. 625.
power to con
12. That an act entitled "An act to authorize the president of the United States in 14 July 1852 ? 1. certain cases to take possession of railroad and telegraph lines, and for other purposes," approved January 31st 1862, (d) shall not be so construed as to authorize the construc- Limitation of tion of any railroad, or the completion of any line of road, the greater part of which struct railroads. remained uncompleted at the time of the approval of said act, or to engage in any work of railroad construction; and so much of said act as authorizes the president of the United States to extend and complete any railroad, is hereby repealed.
II. INTERCOURSE WITH STATES IN INSURRECTION.
12 Stat. 257.
13. Whenever the president, in pursuance of the provisions of the second section of 13 July 1861 8 5. the act entitled “An act to provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions, and to repeal the act now in force for that purpose," approved February 28th 1795, shall have called forth the militia to suppress combinations against the laws of the United States, and to cause the laws to be duly executed, and the insurgents shall have failed to disperse by the time directed by the president, and when said insurgents claim to act under the authority of any state or states, and such claim is not disclaimed or repudiated by the persons exercising the functions of government in such state or states, or in the part or parts thereof in which said combination exists, nor such insurrection suppressed by said state or states, then and in such case it may and shall be lawful for the president, by proclamation, to
(c) See infra 12.
States may be proclaimed to be in insurrection.