Page:United States Statutes at Large Volume 1.djvu/868

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746

FIFTH CONGRESS.

Sess. III. Ch.46.

1799.

any of the Indian tribes, as a traderf without such license, shall forfeit all the merchandise offered for sale, to the Indians, or found in his possession, and shall, moreover, be liable to a fine not exceeding one hun. dred dollars, and to imprisonment not exceeding thirty days. Penalty on Sec. 9. And be it further enacted, That if any such citizen, or purchasing cer- other person, shall purchase, or receive of any Indian, in the way of tain articles trade or barter, a gun, or other article commonly used in hunting, any from Indians. instrument of husbandry, or cooking utensil, of the kind usually obtained by the Indians, in their intercourse with white people, or any article of clothing, excepting skins or furs, he shall forfeit a sum not exceeding fifty dollars, and be imprisoned not exceeding thirty days. Sec. 10. And be it further enacted, That no such citizen, or other Regulations concerning the person, shall be permitted to purchase any horse of an Indian, or of purchase of horses in the In- any white man in the Indian territory, without special license for that purpose; which license, the superintendent, or such other person, as dian territory. the President shall appoint, is hereby authorized to grant on the same terms, conditions and restrictions, as other licenses are to be granted under this act: and any such person, who shall purchase a horse or horses, under such license, before he exposes such horse or horses for sale, and within fifteen days after they have been brought out of the Indian country, shall make a particular return to the superintendent, or other person, from whom he obtained his license, of every horse purchased by him, as aforesaid; describing such horses, by their colour, height, and other natural or artificial marks, under the penalty contained in their respective honds. And every such person, purchasing a horse or horses, as aforesaid, in the Indian country, without a special license, shall, for every horse thus purchased, and brought into any settlement of citizens of the United States, forfeit a sum not exceeding one hundred dollars, and be imprisoned not exceeding thirty days. And every person, who shall purchase a horse, knowing him to be brought out of the Indian territory, by any person or persons, not licensed, as above, to purchase the same, shall forfeit the value of such horse. Sec. 11. And be it jurtlltr enacted, That no agent, superintendent, Penalty on persons author. or other person authorized to grant a license to trade, or purchase IZed to grant li. horses, shall have any interest or concern in any trade with the Indians, censes, being concerned in the or in the purchase or sale of any horse, to or from any Indian, excepting Indian trade. for, and on account of the United States. And any person offending herein, shall forfeit a sum not exceeding one thousand dollars, and be imprisoned not exceeding twelve months. Indians may Sec. 12. And be it jurtl,er enacted, That no purchase, grant, lease, dispose of their or other conveyance of lands, or of any title or claim thereto, from any lands by tresty Indian, or nation or tribe of Indians, within the bounds of the United only. States, shall be of any validity, in law or equity, unless the same be made by treaty or convention, entered into, pursuant to the constitution: and it shall be a misdemeanor in any person, not employed under the authority of the United States, to negotiate such treaty or convention, directly or indirectly, to treat with any such Indian nation, or tribe of Indians, for the title or purchase of any lands by them held, or claimed, punishable by fine not exceeding one thousand dollars, and imprisonAgents of a ment not exceeding twelve months: Provided, nevertheless, that it shall state may ex· be lawful for the agent or agents of any state, who may be present at tiniuish Indian claims, with the any treaty held with Indians under the authority of the United States, approbation of in the presence, and with the approbation of the commissioner or comthe commission. ers of the United missioners of the United States, appointed to hold the same, to propose to, and adjust with the Indians, the compensation to be made, for their States. claims to lands within such state, which shall be extinguished by the treaty. The President Sec. 13. And be it further enacted, That in order to promote civili· mlly cause the zation among the friendly Indian tribes, and to secure the continuance