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United States Statutes at Large/Volume 3/14th Congress/1st Session/Chapter 165

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April 29, 1816.
Chap. CLXV.—An Act supplementary to the act passed the thirtieth of March, one thousand eight hundred and two, to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers.

Act of March 30, 1802, ch. 13.
Licenses to trade to be given only to citizens of the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That licenses to trade with the Indians within the territorial limits of the United States shall not be granted to any but citizens of the United States, unless by the express direction of the President of the United States, and upon such terms and conditions as the public interest may, in his opinion, require.

Forfeiture of articles carried to the Indians contrary to this act.Sec. 2. And be it further enacted, That all goods, wares and merchandise, carried by a foreigner into the lands to which the Indian title has not been extinguished, for the purpose of being used in the Indian trade; and all articles of peltry, of provisions, or of any other kind purchased by foreigners from Indians of tribes of Indians, contrary to the provisions of this act, shall be and the same are hereby forfeited, one half thereof to the use of the informer, and the remainder to the United States: Provided, That the goods, wares and merchandise are seized prior to their sale to an Indian, or Indian tribe, and the articles purchased are seized before they are removed beyond the limits of the United States.

Foreigners going to Indian settlements within the territorial limits of the U.S. to have passports.
Penalties.
Sec. 3. And be it further enacted, That if a foreigner go into any country which is allotted or secured by treaty to either of the Indian tribes within the territorial limits of the United States, or to which the Indian title has not been extinguished, without a passport first had and obtained from the governor of one of the states or territories of the United States, adjoining the country into which he may go, or the officer of the troops of the United States, commanding at the nearest post on the frontiers, or such other person as the President of the United States may from time to time authorize to grant the same, he shall, on conviction thereof, pay a fine of not less than fifty or more than one thousand dollars; or be imprisoned not less than one month, or more than twelve months, at the discretion of the court.

When trials under this act are to take place.Sec. 4. And be it further enacted, That trials for offences against this act shall be had in the courts of the United States of the territory in which the person accused may be arrested, or in the circuit court of the United States, of the district into which he may be first carried, after his arrest.

Penalties for violations of the second section.Sec. 5. And be it further enacted, That each and every person charged with a violation of the second section of this act shall, if arrested, be indicated and tried in one of the courts aforesaid, and that the conviction of the accused shall authorize the court to cause the goods intended to be sold to, and articles purchased from the Indians, belonging to him, or taken in his possession, to be sold, one half to the use of the informer, and the other to the use of the United States. But if goods intended to be sold or articles purchased from the Indians contrary to the provisions of this act, should make his escape, or from any other cause cannot be brought to trial, it shall and may be lawful for the United States’ attorney of the territory in which they may be seized, or the district attorney of the United States, of the district into which they may have been first carried after they are seized, to proceed against the said goods intended to be sold to, or articles purchased from the Indians, in the manner directed to be observed in the case of goods, wares or merchandise brought into the United States in violation of the revenue laws.

Military force of the U. S. may be used for enforcing provisions of this act.Sec. 6. And be it further enacted, That the President of the United States be, and he hereby is authorized to use the military force of the United States whenever it may be necessary to carry into effect this act, as far as it related to seizure of goods to be sold to, or articles already purchased from the Indians, or to the arrest of persons charged with violating its provisions.

Approved, April 29, 1816.