732

TWENTY-THIRD CONGRESS. Sess. I. Ch. 161. 1834.

Proriso.

Proviso.

Superintend-ents, &c., maytake deposi-tions.

Arrest and trialof accused In-dians.

Penalty for dis-posing of spiri-tuous Jiquors toIndians.

Search may bemade for suchliquors.

Liquors maybe destroyed.

Penalty forsetting up a dis-tillery.

President, to obtain satisfaction for the injury; and, in the mean time,in respect to the property so taken, stolen or destroyed, the United States guaranty, to the party so injured, an eventual indemnification : Provided,That, if such injured party, his representative, attorney, or agent, shall,in any way, violate any of the provisions of this act, by seeking or attempt-ing to obtain private satisfaction or revenge, he shall forfeit all claimupon the United States for such indemnification: And provided, also,That, unless such claim shall be presented within three years after thecommission of the injury, the same shall be barred. And if the nationor tribe to which such Indian may belong, receive an annuity from theUnited States , such claim shall, at the next payment of the annuity, bededucted therefrom, and paid to the party injured ; and, if no annuity ispayable to such nation or tribe, then the amount of the claim shall bepaid from the treasury of the United States : Provided, That nothingherein contained shall prevent the legal apprehension and punishment ofany Indians having so offended.

Sec. 18. And be it further enacted, That the superintendents, agents,and sub-agents, within their respective districts, be, and are hereby,authorized and empowered to take depositions of witnesses touching anydepredations, within the purview of the two preceding sections of thisact, and to administer an oath to the deponents.

Sec. 19. And be it further enacted, That it shall be the duty of thesuperintendents, agents, and sub-agents, to endeavour to procure the arrestand trial of all Indians accused of committing any crime, offence, or mis-demeanor, and all other persons who may have committed crimes oroffences within any state or territory, and have fled into the Indiancountry, either by demanding the same of the chiefs of the proper tribe,or by such other means as the President may authorize; and the Presidentmay direct the military force of the United States to be employed in theapprehension of such Indians, and also, in preventing or terminatinghostilities between any of the Indian tribes.

Sec. 20. And be it further enacted, That if any person shall sell,exchange, or give, barter, or dispose of, any spirituous liquor or wine toan Indian, (in the Indian country,) such person shall forfeit and pay thesum of five hundred dollars ; and if any person shall introduce, or attemptto introduce, any spirituous liquor or wine into the Indian country,except such supplies as shall be necessary for the officers of the UnitedStales and troops of the service, under the direction of the War Depart-ment , such person shall forfeit and pay a sum not exceeding three hun-dred dollars ; and if any superintendent of Indian affairs, Indian agent, orsub-agent, or commanding officer of a military post, has reason to suspect,or is informed, that any white person or Indian is about to introduce, orhas introduced, any spirituous liquor or wine into the Indian country, inviolation of the provisions of this section, it shall be lawful for suchsuperintendent, Indian agent, or sub-agent, or military officer, agreeablyto such regulations as may be established by the President of the UnitedStates , to cause the boats, stores, packages, and places of deposit of suchperson to be searched, and if any such spirituous liquor or wine is found, thegoods, boats, packages, and peltries of such persons shall be seized anddelivered to the proper officer, and shall be proceeded against by libel inthe proper court, and forfeited, one-half to the use of the informer, andthe other half to the use of the United States ; and if such person is atrader, his license shall be revoked and his bond put in suit. And itshall moreover be lawful for any person, in the service of the UnitedStates , or for any Indian, to take and destroy any ardent spirits or winefound in the Indian country, excepting military supplies as mentioned inthis section.

Sec. 21. And be it further enacted, That if any person whatever shall,within the limits of the Indian country, set up or continue any distillery