TWENTY-THIRD CONGRESS. Sess. I. Ch. 161. 1834.
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for manufacturing ardent spirits, he shall forfeit and pay a penalty of onethousand dollars; and it shall be the duty of the superintendent of In-dian affairs, Indian agent, or sub-agent, within the limits of whose agencythe same shall be set up or continued, forthwith to destroy and break upthe same; and it shall be lawful to employ the military force of the UnitedStates in executing that duty.
Sec. 22. And be it further enacted, That in all trials about the right ofproperty in which an Indian may be a party on one side, and a whiteperson on the other, the burden of proof shall rest upon the white person,whenever the Indian shall make out a presumption of title in himselffrom the fact of previous possession or ownership.
Sec. 23. And be, it further enacted, That it shall be lawful for themilitary force of the United States to be employed in such manner andunder such regulations as the President may direct, in the apprehensionof every person who shall or may be found in the Indian country, inviolation of any of the provisions of this act, and him immediately toconvey from said Indian country, in the nearest convenient and saferoute, to the civil authority of the territory or judicial district in whichsaid 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 theintroduction of persons and property into the Indian country contrary tolaw; which persons and property shall be proceeded against according tolaw: Provided, That no person apprehended by military force as afore-said, shall be detained longer than five days after the arrest and beforeremoval. And all officers and soldiers who may have any such personor persons in custody shall treat them with all the humanity which thecircumstances will possibly permit; and every officer or soldier who shallbe guilty of maltreating any such person while in custody, shall suffersuch punishment as a court-martial shall direct.
Sec. 24. And be it further enacted, That for the sole purpose of car-rying this act into effect, all that part of the Indian country west of theMississippi river, that is bounded north by the north line of lands as-signed to the Osage tribe of Indians, produced east to the state ofMissouri : west, by the Mexican possessions; south, by Red river; andeast, by the west line of the territory of Arkansas and the state of Mis-souri, shall be, and hereby is, annexed to the territory of Arkansas ; andthat for the purpose aforesaid, the residue of the Indian country west ofthe said Mississippi river shall be, and hereby is, annexed to the judicialdistrict of Missouri ; and for the purpose aforesaid, the several portionsof Indian country east of the said Mississippi river, shall be, and arehereby, severally annexed to the territory in which they are situate.
Sec. 25. And be it further enacted, That so much of the laws of theUnited States as provides for the punishment of crimes committed with-in any place within the sole and exclusive jurisdiction of the UnitedStates , shall be in force in the Indian country : Provided, The same shallnot extend to crimes committed by one Indian against the person or pro-perty of another Indian.
Sec. 26. And be it further enacted, That if any person who shall becharged with a violation of any of the provisions or regulations of thisact, shall be found within any of the United States , or either of the ter-ritories, such offenders may be there apprehended, and transported to theterritory or judicial district having jurisdiction of the same.
Sec. 27. And be it further enacted, That all penalties which shallaccrue under this act, shall be sued for and recovered in an action ofdebt, in the name of the United States , before any court having jurisdic-tion of the same, (in any state or territory in which the defendant shallbe arrested or found,) the one half to the use of the informer, and theother half to the use of the United States , except when the prosecution
3 Q
In trials aboutproperty, bur-den of proof torest on the whiteperson.
Apprehensionof persons vio-lating the provi-sions of this act.
Proviso.
Offendersagainst this actmay be arrestedin any state orterritory.
How penaltiesshall be suedfor.
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