United States Statutes at Large/Volume 4/23rd Congress/1st Session/Chapter 162
Chap. CLXII.—An Act to provide for the organization of the department of Indian affairs.[1]
Duties of governors of Florida and Arkansas as superintendents to cease.
Duties of governor of Michigan to cease.
Salary.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the duties of the governors of the territories of Florida and Arkansas, as superintendents of Indian affairs, shall hereafter cease, and the duties of the governor of the territory of Michigan, as superintendent of Indian affairs, shall cease from and after the establishment of a new territory, embracing the country west of Lake Michigan, should such a territory be established. And while the governor of the said territory of Michigan continues to act as superintendent of Indian affairs, he shall receive therefor, the annual sum of one thousand dollars, in full of all allowances, emoluments, or compensation for services in said capacity.
A superintendent to reside at St. Louis.Sec. 2. And be it further enacted, That there shall be a superintendency of Indian affairs for all the Indian country not within the bounds of any state or territory west of the Mississippi river, the superintendent of which shall reside at St. Louis, and shall annually receive a salary of fifteen hundred dollars.
Duties of superintendents.Sec. 3. And be it further enacted, That superintendents of Indian affairs shall, within their several superintendencies, exercise a general supervision and control over the official conduct and accounts of all officers and persons employed by the government in the Indian department, under such regulations as shall be established by the President of the United States; and may suspend such officers and persons from their office or employments, for reasons forthwith to be communicated to the Secretary of War.
Sec. 4. And be it further enacted, That the following Indian agents shall Indian agents appointed.be appointed by the President of the United States, by and with the advice and consent of the Senate, who shall hold their offices for [the] term of four years, and who shall give bond, with two or more securities, in the penal sum of two thousand dollars, for the faithful execution of the same, and shall receive the annual compensation of fifteen hundred dollars.
Two agents for the Western territory.
An agent for the Chickasaws.
An agent for the Cherokees.
An agent for the Florida Indians.
An agent for the Indians in the state of Indiana.
An agent at Chicago.
An agent at Rock island.
An agent at Prairie du Chien.
An agent for Michilimackinac and the Sault Sainte Marie.
An agent for the Saint Peter’s.
An agent for the Upper Missouri.
Agencies discontinued.And the following agencies shall be discontinued at the periods herein mentioned, that is to say:
The Florida agency, from and after the thirty-first day of December next.
The Cherokee agency, from and after the thirty-first day of December next.
The Indiana agency, from and after the thirty-first day of December, eighteen hundred and thirty-six.
The Rock Island agency, from and after the thirty-first day of December, eighteen hundred and thirty-six.
And all other agencies, not provided for in this act, from and after the passing thereof:Proviso. Provided, That the limitation of the said agencies shall not be construed to prevent the President of the United States from discontinuing the same at an earlier period. And the President shall be, and he is hereby authorized, whenever he may judge it expedient, to discontinue an Indian agency, or to transfer the same, from the place or tribe designated by law, to such other place or tribe as the public service may require. And every Indian agent shall reside and keep his agency within or near the territory of the tribe for which he may be agent, and at such place as the President may designate, and shall not depart from the limits of his agency without permission. And it shall be competent for the President to require any military officer of the United States to execute the duties of Indian agent.
Sub-agents to be appointed by the President.Sec. 5. And be it further enacted, That a competent number of sub-agents shall be appointed by the President, with an annual salary of seven hundred and fifty dollars each, to be employed, and to reside wherever the President may direct, and who shall give bonds, with one or more sureties, in the penal sum of one thousand dollars, for the faithful execution of the same. But no sub-agent shall be appointed who shall reside within the limits of any agency where there is an agent appointed.
Persons in office to hold for their terms.Sec. 6. And be it further enacted, That nothing herein contained shall be construed to require the re-appointment of persons now in office, until the expiration of their present term of service; but the commissions of all Indian agents and sub-agents, now in office, shall expire on the fourth day of March next, unless sooner terminated.
Limits of the agencies, and duties of agents.Sec. 7. And be it further enacted, That the limits of each agency and sub-agency shall be established by the Secretary of War, either by tribes or by geographical boundaries. And it shall be the general duty of Indian agents and sub-agents to manage and superintend the intercourse with the Indians within their respective agencies, agreeably to law; to obey all legal instructions given to them by the Secretary of War, the commissioner of Indian affairs, or the superintendent of Indian affairs, and to carry into effect such regulations as may be prescribed by the President.
Additional security may be required of persons intrusted with disbursements.Sec. 8. And be it further enacted, That the President of the United States may, from time to time, require additional security, and in larger amounts, from all persons charged or trusted, under the laws of the United States, with the disbursements or application of money, goods, or effects of any kind, on account of the Indian department.
Interpreters.
Proviso.Sec. 9. And be it further enacted, That an interpreter shall be allowed to each agency, who shall receive an annual salary of three hundred dollars: Provided, That where there are different tribes in the same agency, speaking different languages, one interpreter may be allowed, at the discretion of the Secretary of War, for each of the said tribes. Interpreters shall be nominated, by the proper agents, to the War Department for approval, and may be suspended, by the agent, from pay and duty, and the circumstances reported to the War Department for final action;Blacksmiths, &c. and blacksmiths shall, in like manner, be employed wherever required by treaty stipulations, and such blacksmiths shall receive an annual compensation of four hundred and eighty dollars: and if they furnish their shop and tools, an additional sum of one hundred and twenty dollars; and their assistants shall be allowed an annual compensation of two hundred and forty dollars. And wherever farmers, mechanics, or teachers are required by treaty stipulations to be provided, they shall be employed under the direction of the War Department, and shall receive an annual compensation of not less than four hundred and eighty dollars, nor more than six hundred dollars. And in all cases of the appointments of interpreters or other persons employed for the benefit of the Indians, a preference shall be given to persons of Indian descent, if such can be found, who are properly qualified for the execution of the duties. And where any of the tribes are, in the opinion of the Secretary of War, competent to direct the employment of their blacksmiths, mechanics, teachers, farmers, or other persons engaged for them, the direction of such persons may be given to the proper authority of the tribe.
Compensation prescribed to be in full.
Provisoes.Sec. 10. And be it further enacted, That the compensation prescribed by this act shall be in full of all emoluments or allowances whatsoever: Provided, however, That where necessary, a reasonable allowance or provision may be made for offices and office contingencies: And provided, also, That where persons are required, in the performance of the duties under this act, to travel from one place to another, their actual expenses, or a reasonable sum in lieu thereof, may be allowed them: And provided also, That no allowance shall be made to any person for travel or expenses in coming to the seat of government to settle his accounts, unless thereto required by the Secretary of War: And provided also, That no person shall hold more than one office at the same time under this act, nor shall any agent, sub-agent, interpreter, or person employed under this act, receive his salary while absent from his agency or employment, without leave of the superintendent, or Secretary of War: Provided, Such absence shall, at no one time, exceed sixty days.
Annuities to be paid to chiefs or other persons appointed by the tribe.Sec. 11. And be it further enacted, That the payment of all annuities or other sums stipulated by treaty to be made to any Indian tribe, shall be made to the chiefs of such tribe, or to such person as said tribe shall appoint; or if any tribe shall appropriate their annuities to the purpose of education, or to any other specific use, the to such person or persons as such tribe shall designate.
Annuities, if requested, to be paid in goods.Sec. 12. And be it further enacted, That it shall be lawful for the President of the United States, at the request of any Indian tribe to which any annuity shall be payable in money, to cause the same to be paid in goods, purchased as provided in the next section of this act.
Purchase of merchandise.Sec. 13. And be it further enacted, That all merchandise required by any Indian treaty for the Indians, payable after making of such treaty, shall be purchased under the direction of the Secretary of War, upon proposals to be received, to be based on notices previously to be given; and all merchandise required at the making of any Indian treaty shall be purchased under the order of the commissioners, by such person as they shall appoint, or by such person as shall be designated by the President for that purpose. And all other purchases on account of the Indians, and all payments to them of money or goods, shall be made by such person as the President shall designate for that purpose. And the superintendent, agent, or sub-agent, together with such military officer as the President may direct, shall be present, and certify to the delivery of all goods and money required to be paid or delivered to the Indians. And the duties required by any section of this act, of military officers, shall be performed without any other compensation than their actual travelling expenses; and all persons whatsoever, charged or trusted with the disbursement or application of money, goods, or effects of any kind, for the benefit of the Indians, shall settle their accounts, annually, at the War Department, on the first day of October; and copies of the same shall be laid, annually, 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 said year, for the benefit of the Indians, specifying the amount and object for which it was intended, and showing who are delinquents, if any, in forwarding their accounts according to the provisions of this act; and, also, a list of the names of all persons appointed or employed, under this act, with the dates of their appointment or employment, and the salary and pay of each.
Persons employed in the Indian department not to be concerned in trade.Sec. 14. And be it further enacted, That no person employed in the Indian department shall have any interest or concern in any trade with the Indians, except for, and on account of, the United States; and any person offending herein, shall forfeit the sum of five thousand dollars, and upon satisfactory information of such offence being laid before the President of the United States, it shall become his duty to remove such person from the office or situation he may hold.
Domestic animals and implements to be furnished Indians west of the Mississippi.Sec. 15. And be it further enacted, That the President shall be, and he is hereby, authorized to cause any of the friendly Indians west of the Mississippi river, and north of the boundary of the Western territory, and the region upon Lake Superior and the head of the Mississippi, to be furnished with useful domestic animals and implements of husbandry, and with goods, as he shall think proper: Provided, That the whole amount of such presents shall not exceed the sum of five thousand dollars.
Rations to Indians visiting military posts.Sec. 16. And be it further enacted, That the President be, and he is hereby, authorized to cause such rations as he shall judge proper, and as can be spared from the army provisions without injury to the service, to be issued, under such regulations as he shall think fit to establish, to Indians who may visit the military posts or agencies of the United States on the frontiers, or in their respective nations, and a special account of these issues shall be kept and rendered.
President to prescribe rules and regulations.Sec. 17. And be it further enacted, That the President of the United States shall be, and he is hereby, authorized to prescribe such rules and regulations as he may think fit, for carrying into effect the various provisions of this act, and of any other act relating to Indian affairs, and for the settlement of the accounts of the Indian department.
Conflicting acts repealed.Sec. 18. And be it further enacted, That all acts or parts of acts, contrary to the provisions of this act, shall be, and the same are hereby, repealed.
Approved, June 30, 1834.
- ↑ Acts relating to the Indians, passed subsequent to June 30, 1834.An act to regulate, in certain cases, the disposition of the proceeds of land ceded by the Indian tribes, January 9, 1837, ch. 1.An act to extend the jurisdiction of the district court for the district of Arkansas, March 1, 1837, ch. 16.Provision for the removal of the Creeks, act of March 3, 1837, ch. 31.An act for the appointment of commissioners to adjust the claims to reservations of land under the fourteenth article of the treaty of 1830, with the Choctaw Indians, March 3, 1837, ch. 39.An act to authorize and sanction the sales of reserves provided for the Creek Indians in the treaty of March 24, 1832, in certain cases, and for other purposes, March 3, 1837, ch. 41.An act to provide for the payment of the annuities which will become due and payable to the Great and Little Osages, in the year 1838, and for other purposes, January 16, 1838, ch. 38.An act to amend an act entitled “An act for the appointment of commissioners to adjust the claims to reservations of land under the fourteenth article of the treaty of 1830, with the Choctaw Indians,” February 22, 1838, ch. 13.Choctaw lands reserved from sale or pre-emption, June 22, 1838, ch. 119, sec. 1.An act to authorize the issuing of patents to the last bona fide transferee of reservations under the treaty between the United States and the Creek tribe of Indians, which was concluded on the 24th March, 1832. July 5, 1838, ch. 161.An act to provide for the location and temporary support of the Seminole Indians removed from Florida, February 13, 1839, ch. 24.Brothertown Indians, March 3, 1839, ch. 83. Act of June 15, 1844, ch. 54.An act to provide for the satisfaction of claims arising under the fourteenth and nineteenth articles of the treaty of Dancing Rabbit Creek, concluded in September, 1830. August 23, 1842, ch. 187.An act supplementary to the act entitled “An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers,” passed 30th June, 1834. June 17, 1844, ch. 103.