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1834 troops of the service, under the direction of the Wa Department, such person shall forfeit and pay a su not exceding three hundred dollars; and if any supe intendent of Indian affairs, Indian agent, or sub-ager or commanding officer of a military post, has reas to suspect, or is informed, that any white person Indian is about to introduce, or has introduced, a spirituous liquor or wine into the Indian country, violation of the provisions of this section, it shall lawful for such superintendent, Indian agent, or su agent, or military officer, agreeably to such regul tions as may be established by the President of t United States, to cause the boats, stores, packag and places of deposite of such person to be searche and if any such spirituous liquor or wine is found, goods, boats, packages and peltries of such perso shall be seized and delivered to the proper offic and shall be proceeded against by libel in the prop court, and forfeited, one-half to the use of the info mer, and the other half to the use of the United St tes; and if such person is a trader, his license sh be revoked and his bond put in suit. And it sh moreover be lawful for any person in the service the United States, or for any Indian, to take a destroy any ardent spirits or wine found in the Indi country, excepting military supplies as mentioned this section.

Sec. 21. And be it further enacted, That if an person whatever shall, within the limits of the India. country, set up or continue any distillery for manufa turing ardent spirits, he shall forfeit and pay a penal of one thousand dollars; and it shall be the duty the Superintendent of Indian affairs, Indian agent sub-agent, within the limits of whose agency the sam shall be set up or continued, forthwith to destroy an break up the same; and it shall be lawful to employ th military force of the United States in executing hat duty

Sec. 22. And be it further enacted, That in a trials about the right of property in which an India may be a party on one side, and a white person the other, the burden of proof shall rest upon the white person, whenever the Indian shall make out a presumption of title in himself from the fact of pre vious possession or ownership.

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Sec. 23. And be it further enacted, That it shall 1834 be lawful for the military force of the United States to be employed in such manner and under such regulations as the President may direct, in the apprehension of every person who shall or may be found in the Indian country, in violation of any of the provisions of this act, and him immediately to convey from said Indian country, in the nearest convenient and safe route, to the civil authority of the territory or judicial district in which said person shall be found, to be proceeded against in due course of law, and also, in the examination and seizure of stores, packages, and boats, authorized by the twentieth, section of this act, and in preventing the introduction of persons and property into the Indian country contrary to law; which persons and property shall be proceeded against ecording to law: Provided, That no person appretended by military force as aforesaid, shall be detainlonger than five days after the arrest and before emoval. And all officers and soldiers who may have any such person or persons in custody shall treat them With all the humanity which the circumstances will posbly permit; and every officer or soldier who shall be guilty of maltreating any such person while in custody, shall suffer such punishment as a court martial shall direct.

Sec. 24. And be it further enacted, That for the sole purpose of carrying this act into effect, all that part of the Indian country west of the Mississippi river, that is bounded north by the north line of lands assigned to the Osage tribe of Indians, produced east to the State of Missouri; by the Mexican possessions; south, by Red river; and east, by the west line of the Territory of Arkansas and the State of Missouri, shall be and hereby is, annexed to the Territory of Arkansas; and that for the purpose aforesaid, the residue of the Indian country west of the said Mississippi river shall be, and hereby is, annexed to the judicial district of Missouri, and for the purpose aforesaid, the several portions of Indian country east of the said Mississippi' river, shall be, and are hereby, severally annexed to the Territory in which they are situate.

1834

Sec. 25. And be it further enacted, Th much of the laws of the United States as pr for the punishments of crimes committed withi place within the sole and exclusive jurisdiction United States, shall be in force in the Indian co Provided, The same shall not extend to crimes mitted by one Indian against the person or pr of another Indian.

Sec. 26. And be it further enacted, T any person who shall be charged with a violati any of the provisions or regulations of this act, be found within any of the United States, or eit the Territories, such offenders may be there hended, and transported to the Territory or j district having jurisdiction of the same.

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Sec. 27. And be it further enacted, Th penalties which shall accrue under this act, sh sued for and recovered in an action of debt, i name of the United States, before any court 1 jurisdiction of the same, (in any State or Te in which the defendant shall be arrested or found one half to the use of the informer, and the half to the use of the United States, except whe prosecution shall be first instituted on behalf of United States, in which case the whole shall their use.

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Sec. 28. And be it further enacted, That goods or other property shall be seized for any tion of this act, it shall be lawful for the person secuting on behalf of the United States to pr against such goods, or other property, in the ner directed to be observed in the case of goods res, or merchandise brought into the United S in violation of the revenue laws.

Sec. 29. And be it further enacted, Tha following acts and parts of acts shall be, and same are hereby, repealed, namely: An act to 1 provision relative to rations for Indians, and to visits in the seat of Government, approved May teen, eighteen hundred, an act to regulate trade intercourse with the Indian tribes, and to pres peace on the frontiers, approved March thirty, e teen hundred and two, to regulate trade and in course with the Indian tribes, and to preserve p

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the frontiers, approved April twenty-nine, eighteen 1834 hundred and sixteen; an act for the punishment of crimes and offences committed within the Indian boundaries, approved March three, eigtheen hundred seventeen; the first and second sections of the act directing the manner of appointing Indian agents, and continuing the "Act establishing trading houses with the Indian tribes," approved April sixteen, eighteen hundred and eighteen; an act fixing the compensation of Indian Agents and factors, approved April twenty, eighteen hundred and eighteen; an act supplementary to the act entitled "An act to provide for the prompt settlement of public accounts," approved February twenty-four, eighteen hundred and eighteen; the eighth section of the act making appropriations to carry into effect treaties concluded with several Indian tribes therein mentioned, approved March three, eighteen hundred and nineteen; the second section of the act to Continue in force for a further time the act entitled An act for establishing trading houses with the Indian ribes, and for other purpose," approved March three, eighteen hundred and nineteen; 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 of March, eighteen hundred and two, approved May six, eighteen hundred and twenty-two; an act providing for the appointment of an agent for the Osage Indians west of the State of Missouri and Territory of Arkansas, and for other purposes, approved May eighteen, eigtheen hundred and twenty-four; the third, fourth, and fifth sections of "An act to enable the President to hold treaties with certain Indian tribes, and for other purposes," aproved May twenty-five, eighteen hundred and twentyfour; the second section of the "Act to aid certain Indians of the Creek nation in their removal to the west of the Mississippi," approved May twenty, eighteen hundred and twenty-six, and an act to authorize the appointment of a subagent to the Winnehago Indians on Bock river, approved February twentyfire eighteen hundred and thirty-one. Provided, however, That such repeal shall not effect (affect) any rights acquired, or punishments, penalties, or forfei tures incurred, under either of the acts or parts of

Nouv. Série. Tome IV.

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1834 acts, nor impair or affect the intercourse act of e teen hundred and two so far as the same relate or concerns Indian tribes residing east of the M sippi. And provided also, That such repeal not be construed to revive any acts or parts of repealed by either of the acts or sections herein scribed.

Sec. 30. And be it further enacted, That a Western Territory shall be established, the agents for the Western Territory, as provided in act for the organization of the Indian Departi this day approved by the President, shall execut duties of agents for such tribes as may be dir by the President of the United States. And it be competent for the President to assign to o the said agents, in addition to his proper duties duties of superintendent for such district of co or for such tribes, as the President may thin And the powers of the superintendent at St. over such district or tribes as may be assigned to acting superintendent shall cease. Provided, Th additional compensation shall be allowed for such de

vices.

Approved, June 30th, 1833.

30.

Traité entre S. M. le Roi de Sardaig S. M. Britannique, et S. M. le Roi Français d'accession de S. M. Sa au Traité et aux Articles supp mentaires pour la répression de traite des Noirs. En date du 8. A

1834.

(Annuaire historique universel pour 1835.
historiques pag. 26 et suiv.)

Docur

Sa Majesté le Roi des Français et Sa Majest Roi du Royaume-uni de la Grande Bretagne et lande, ayant conclu le 30. novembre 1831 et le

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