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hundred and ninety-three: And that it shall be lawful for the Bank of Loan made of the United States, to lend the said sum. And the President of the United the bank, how
. States shall cause so much of the loan, made of the Bank of the United States, pursuant to the eleventh section of the act, by which it is incorporated, to be paid off, in sums not less than fifty thousand dollars, as, in his opinion, the state of the treasury may, from time to time, admit, out of any monies which may be in the treasury, having due regard to the exigencies of government, and the appropriations made and to be made by law. APPROVED, February 28, 1793.
STATUTE II. Chap. XIX.-An Act to regulate Trade and Intercourse with the Indian Tribes. March 1, 1793. Section 1. Be it enacted by the Senate and House of Representatives
(Repealed.) of the United States of America in Congress assembled, That no person May 19, 1796, shall be permitted to carry on any trade or intercourse with the Indian ch. 30. tribes, without a license under the hand and seal of the superintendent the Indian tribes of the department, or of such other person, as the President of the United to be under liStates shall authorize to grant licenses for that purpose; which superin- censes. tendent, or person so authorized shall, on application, issue such license,
1790, ch. 33. for a term not exceeding two years, to any proper person, who shall enter into bond with one or more sureties approved of by the superintendent, or person issuing such license, or by the President of the United States, in the penal sum of one thousand dollars, payable to the United States, conditioned for the true and faithful observance of such rules, regulations and restrictions, as are or shall be made, for the government of trade and intercourse with the Indian tribes. The said superintendents, and persons licensed, as aforesaid, shall be governed, in all things touching the said trade and intercourse, by such rules and regulations, as the President of the United States shall prescribe.
Sec. 2. And be it further enacted, That the superintendent, or person Power of the issuing such license, shall have full power and authority to recall the person granting same, if the person so licensed shall transgress any of the regulations or
such licenses. restrictions, provided for the government of trade and intercourse with the Indian tribes, and shall put in suit such bonds, as he may have taken, on the breach of any condition therein contained. Sec. 3. And be it further enacted, That every person, who shall
Forfeiture on attempt to trade with the Indian tribes, or shall be found in the Indian attempting to country, with such merchandise in his possession, as are usually vended a license. to the Indians, without lawful license, shall forfeit all the merchandise offered for sale to the Indians, or found in his possession, in the Indian country, and shall, moreover, be liable to a fine not exceeding one hundred dollars, and to imprisonment not exceeding thirty days, at the discretion of the court, in which the trial shall be: Provided, That any citizen of the United States, merely travelling through any Indian town or territory, shall be at liberty to purchase, by exchange or otherwise, such articles as may be necessary for his subsistence, without incurring any penalty.
Sec. 4. And be it further enacted, That if any citizen or inhabitant Punishment of the United States, or of either of the territorial districts of the United on committing States, shall go into
any town, settlement, or territory, belonging to any friendly Indians. nation or tribe of Indians, and shall there commit murder, robbery, larceny, trespass or other crime, against the person or property of any friendly Indian or Indians, which, if committed within the jurisdiction of any state, or within the jurisdiction of either of the said districts, against a citizen thereof, would be punishable by the laws of such state or district, such offender shall be subject to the same punishment, as if the offence had been committed within the state or district, to which he or she may belong, against a citizen thereof. VOL. 1.-42
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Forfeiture in Sec. 5. And be it further enacted, That if any such citizen or cases of settle inhabitant shall make a settlement on lands belonging to any Indian ment on their lands.
tribe, or shall survey such lands, or designate their boundaries, by marking trees, or otherwise, for the purpose of settlement, he shall forfeit a sum not exceeding one thousand dollars, nor less than one hundred dollars, and suffer imprisonment not exceeding twelve months, in the discretion of the court, before whom the trial shall be: And it shall
, moreover, be lawful for the President of the United States, to take such measures, as he may judge necessary, to remove from lands belonging to any Indian tribe, any citizens or inhabitants of the United States, who have made, or shall hereafter make, or attempt to make a settlement
thereon. Horses not to Sec. 6. And be it further enacted, That no person shall be permitted be purchased of to purchase any horse of an Indian, or of any white man in the Indian license,
territory, without special license for that purpose; which license, the superintendent, or such other person, as 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: Provided also, That every 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 shall 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 by him purchased, as aforesaid, describing such horses, by their color, height and other natural or artificial marks, under the penalties contained in their respective bonds. And every 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, for every horse thus purchased, or brought from the Indian country, a sum not more than one hundred dollars, nor less than thirty dollars, to be recovered in any court of record having competent jurisdiction. 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: one half for the benefit of the informant, the other half for the
use of the United States, to be recovered, as aforesaid. Forfeiture by Sec. 7. And be it further enacted, That no agent, superintendent, granting license
person authorized to grant a license to trade, or purchase horses, trading with In- shall have any interest or concern in any trade with the Indians, or in dians. the purchase or sale of any horses, to or from any Indian; and that any
person, offending herein, shall forfeit one thousand dollars, and be imprisoned, at the discretion of the court, before which the conviction
shall be had, not exceeding twelve months. Purchases of
Sec. 8. And be it further enacted, That no purchase or grant of their lands in- lands, or of any title or claim thereto, from any Indians or nation or made pursuant tribe of Indians, within the bounds of the United States, shall be of any to the Constitu- validity in law or equity, unless the same be made by a treaty or contion.
vention entered into pursuant to the constitution; and it shall be a misdemeanor, in any person not employed under the authority of the United States, in negociating such treaty or convention, punishable by fine not exceeding one thousand dollars, and imprisonment not exceeding twelve months, directly or indirectly to treat with any such Indians,
nation or tribe of Indians, for the title or purchase of any lands by them Proviso. held, or claimed: Provided nevertheless, That it shall be lawful for the
agent or agents of any state, who may be present at any treaty, held with Indians under the authority of the United States, in the presence, and with the approbation of the commissioner or commissioners of the United States, appointed to hold the same, to propose to, and adjust with
the Indians, the compensation to be made for their claims to lands within such state, which shall be extinguished by the treaty.
Sec. 9. And be it further enacted, That in order to promote civiliza President to tion among the friendly Indian tribes, and to secure the continuance of furnish friendly
Indian tribes, their friendship, it shall and may be lawful for the President of the
with domestic United States, to cause them to be furnished with useful domestic animals, &c. animals, and implements of husbandry, and also to furnish them with goods or money, in such proportions, as he shall judge proper, and to appoint such persons, from time to time, as temporary agents, to reside among the Indians, as he shall think proper: Provided, That the whole to what amount
in value. amount of such presents, and allowance to such agents, shall not exceed twenty thousand dollars per annum.
Sec. 10. And be it further enacted, That the superior courts of each Before what of the said territorial districts, and the circuit courts, and other courts
against this act of the United States of similar jurisdiction in criminal causes in each
may be tried. district of the United States, into which any offender against this act shall be first brought, or in which he shall be apprehended, shall have, and are hereby invested with full power and authority, to hear and determine all crimes, offences and misdemeanors against this act; such courts proceeding therein, in the same manner, as if such crimes, offences and misdemeanors had been committed within the bounds of their respective districts : And in all cases, where the punishment shall not be death, the county courts of quarter sessions in the said territorial districts, and the district courts of the United States, in their respective districts, shall have, and are hereby invested with like power to hear and determine the
Sec. 11. And be it further enacted, That it shall and may be lawful for the President of the United States, and for the governors of such U.S. and terri. territorial districts, respectively, on proof to them made, that any citizen how to proceed or citizens of the United States, or of the said districts, or either of on proof made them, have been guilty of any of the said crimes, offences or misdemea- of crimes against nors, within any town, settlement or territory, belonging to any nation or tribe of Indians, to cause such person or persons to be apprehended, and brought into either of the United States, or of the said districts, and to be proceeded against in due course of law. And in all cases, where the punishment shall be death, it shall be lawful for the governor of the district, into which the offender may be first brought, or in which he may be apprehended, to issue a commission of oyer and terminer to the superior judges of the district, who shall have full power and authority to hear and determine all such capital cases, in the same manner, as the superior courts of such districts have, in their ordinary sessions : And when the offender shall be brought into, or shall be apprehended in any of the United States, except Kentucky, it shall be lawful for the President of the United States, to issue a like commission to any two judges of the supreme court of the United States, and the judge of the district, in which the offender may have been apprehended or first brought; which judges, or any two of them, shall have the same jurisdiction in such capital cases, as the circuit court of such district, and shall proceed to trial and judgment, in the same manner, as such circuit court might or could do.
Sec. 12. And be it further enacted, That all fines and forfeitures, Disposition of which shall accrue under this act, shall be, one half to the use of the fines and forfeit
ures under this informant, and the other, half, to the use of the United States, except act. where the prosecution shall be first instituted on behalf of the United States, in which case, the whole shall be to their use.
Sec. 13. And be it further enacted, That nothing in this act shall be Construction construed to prevent any trade or intercourse with Indians living on of this act de. lands surrounded by settlements of the citizens of the United States, and being within the jurisdiction of any of the individual states.
Acts within Sec. 14. And be it further enacted, That all and every other act and the purview of
acts coming within the purview of this act, shall be and are hereby repealed. this act repealed.
Sec. 15. And be it further enacted, That this act shall be in force, Limitation of for the term of two years, and from thence to the end of the then next this act.
session of Congress, and no longer.
APPROVED, March 1, 1793.
March 1, 1793. Chap. XX.-An Act to ascertain the fees in Admiralty proceedings in the Dis
trict Courts of the United States, and for other purposes. [Expired.) Section 1. Be it enacted by the Senate and House of RepresentaFees in courts tives of the United States of America in Congress assembled, That from of admiralty of and after the first day of May next, there shall not be taxed or adjudged maritime juris
officer or other person, any greater or other fee or reward, for, or diction, estab. lished.
in respect of any service to be done or performed, in any of the district 1796, ch. 11. courts of the United States, in cases of admiralty or maritime jurisdic1799, ch. 19, tion, than such as is herein after specified; that is to say: of the attor. Fees of the Counsellor or Attorney in the district court, in admiralty nies.
and maritime proceedings.
The stated fee for drawing and exhibiting libel, claim or answer in each cause, three dollars;
Drawing interrogatories, three dollars;
And all other services in any one cause, three dollars. Fees of the Sec. 2. Fees of the clerk of the district court, in admiralty and mariclerks.
time causes. 1799, ch. 19, For drawing every stipulation, process, monition or subpæna, for each
sheet containing ninety words, fifteen cents.
And for engrossing each sheet, ten cents;
Copies of the pleadings, interrogatories, depositions and exhibits, when required, for each sheet of ninety words, ten cents;
Entering each proclamation, fifteen cents;
Examining each witness, and drawing his deposition, for each sheet containing ninety words, fifteen cents;
Certifying each exhibit or writing shown to a witness, at his examination, twenty-five cents;
Drawing every decree, or decretal order, for each sheet containing ninety words, fifteen cents;
And for entering the same in the minutes, for each sheet, as aforesaid, ten cents;
For drawing a record, or making a copy of the proceedings, for each sheet containing ninety words, fifteen cents;
But no pleading, deposition, exhibit, or other writing, to be inserted therein verbatim, or in hæc verba, shall be computed as any part of such draft.
Entering a record in the register, or engrossing or copying proceedings or records to be sealed or exemplified, for each sheet of ninety words, including all the pleadings, depositions, exhibits and writings inserted therein, ten cents ;
Every certificate, twenty cents;
Entering return of appraisement or sales, for each sheet of ninety words, ten cents;
Affixing the seal to any paper, when required, twenty-five cents;
Drawing commission to examine witnesses, for each sheet containing ninety words, fifteen cents;
Fees of the clerks.
of the Mar. shals.
And for engrossing the same, if on parchment, including the parchment, twenty cents;
And if on paper, for each sheet of ninety words, ten cents;
For every entry or writing not mentioned or described, such allowance shall be taxed, as for similar services, herein mentioned.
All money deposited in court, one and a quarter per cent.
Sec. 3. Fees of the marshal in the district court, in admiralty and maritime causes.
For summoning every witness or appraiser, fifteen cents;
Serving every capias, attachment or summons, one dollar and fifty cents;
Travelling each mile, going only, either to serve process, or subpena witnesses, ten cents;
Custody fees of a vessel, for each day, one dollar and fifty cents;
Sales, for any sum under five hundred dollars, two and an half per cent.; and for any larger sum, one and a quarter per cent. upon the
Sec. 4. And be it further enacted, That there be allowed and taxed Allowance to in the supreme, circuit and district courts of the United States, in favour attendants on of the parties obtaining judgments therein, such compensation for their supreme, cir. travel and attendance, and for attornies and counsellors' fees, except in courts how to be the district courts in cases of admiralty and maritime jurisdiction, as are ascertained. allowed in the supreme or superior courts of the respective states.
Sec. 5. And be it further enacted, That this act shall continue and Limitation of be in force for the term of one year, and from thence until the end of this act. the next session of Congress thereafter, and no longer.
APPROVED March 1, 1793.
Chap. XXI.-An Act making an appropriation to defray the expense of a Treaty March 2, 1793.
with the Indians northwest of the Ohio. Section 1. Be it enacted by the Senate and House of Representa (Obsolete.) tives of the United States of America in Congress assembled, That Appropriation a sum not exceeding one hundred thousand dollars, arising from the to defray ex. surplus of former appropriations unexpended, shall be, and the same is panse of treaty hereby appropriated to defraying the expense of negotiating and treating dians. with the hostile Indian tribes northwest of the river Ohio.
Sec. 2. And be it further enacted, That each of the commissioners, Allowance to who may be appointed for managing such negotiations and treaties, the commis. shall be entitled to an allowance, exclusive of his necessary expenses, of
sioners, &c. eight dollars per day, during his actual service, to be paid out of the monies so appropriated.
APPROVED, March 2, 1793.
Chap. XXII.-An Act in addition to the Act, entitled “An Act lo establish the March 2, 1793.
Judicial Courts of the United States." Section 1. Be it enacted by the Senate and House of Representa (Obsolete.] tives of the United States of America in Congress assembled, That the Attendance of attendance of only one of the justices of the supreme court, at the several
judge at a cir. circuit courts of the United States, to be hereafter held, shall be sufficient, cuit court any law requiring the attendance of two of the said justices notwithstand- deemed suffi
cient, except in ing: Provided, That it shall be lawful for the supreme court, in cases
certain cases. where special circumstances shall, in their judgment, render the same necessary, to assign two of the said justices to attend the circuit court 1789, ch. 20. or courts, and it shall be the duty of the justices so assigned, to attend