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intercourse with the Indian tribes, and to preserve peace on the frontiers," approved March thirty, eighteen hundred and two; "An act supplementary to the act passed thirtieth March, eighteen hundred and two, to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers," approved April twenty-nine, eighteen hundred and sixteen; "An act for the punishment of crimes and offences committed within the Indian boundaries," approved March three, eighteen hundred and seventeen; the first and second sections of the "Act directing the manner of appointing Indian agents, and continuing the 'Act establishing trading houses with the Indian tribes," " approved April sixteen, eighteen hundred and eighteen; "An act fixing the compensation of Indian agents and factors, approved April twenty, eighteen hundred and eighteen; "An act supplementary to the act entitled 'An act to provide for the prompt settlement of public accounts,"" approved February twenty-four, eighteen hundred and nineteen; the eighth section of the " Act making appropriations to carry into effect treaties concluded with several Indian tribes therein mentioned," approved March three, eighteen hundred and nineteen; the second section of the "Act to continue in force for a further time, the act entitled 'An act for establishing trading houses with the Indian tribes, and for other purposes,"" approved March three, eighteen hundred and nineteen; "An act to amend an act entitled 'An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers," " approved thirtieth March, eighteen hundred and two, approved May six, eighteen hundred and twenty-two; "An act providing for the appointment of an agent for the Osage Indians west of the state of Missouri and territory of Arkansas, and for other purposes," approved May eighteen, eighteen hundred and twenty-four; the third, fourth and fifth sections of "An act to enable the president to hold treaties with certain Indian tribes, and for other purposes," approved May twenty-five, eighteen hundred and twenty-four; the second section of the "Act to aid certain Indians of the Creek nation in their removal to the west of the Mississippi," approved May twenty, eighteen hundred and twenty-six; and "An act to authorize the appointment of a sub-agent to the Winnebago Indians on Rock river," approved February twenty-five, eighteen hundred and thirty-one; Provided, however, That such repeal shall not affect any rights acquired, or punishments, penalties or forfeitures, incurred under either of the acts or parts of acts, nor impair or effect the intercourse act of eighteen hundred and two, so far as the same relates to or concerns Indian tribes residing east of the Mississippi: And provided also, That such repeal shall not be construed to revive any acts or parts of acts repealed by either of the acts or sections herein described.
SEC. 30. And be it further enacted, That until a western territory shall be established, the two agents for the western territory, as provided in the act for the organization of the Indian department, this day approved by the president, shall execute the duties of agents for such tribes as may be directed by the president of the United States. And it shall be competent for the president to assign to one of the said agents, in addition to his proper duties, the duties of superintendent for such district of country or for such tribes as the president may think fit. And the powers of the superintendent at St. Louis, over such district or tribes as may be assigned to such acting superintendent, shall cease: Provided, That no additional compensation shall be allowed for such services.
Approved, June 30th, 1834.
An act to provide for the organization of the Department of Indian Affairs.
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.
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.
SEC. 3. And be it further enacted, That the 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 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 bonds, with two or more securities, in the penal sum of two thousand dollars, for the faithful execution of the same, and shall each receive the annual compensation of fifteen hundred dollars:
Two agents for the western territory;
An agent for the Chickasaws;
An agent for the eastern 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 Saut Ste Marie;
An agent for the Upper Missouri.
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, 1836.
The Chicago agency, from and after the thirty-first day of December next.
The Rock Isand agency, from and after the thirty-first day of December, 1836.
And all other agencies, not provided for in this act, from and after the passing thereof: 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 any 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 do the duties of Indian agent.
SEC. 5. And be it further enacted, That a competent number of sub-agents shall be appointed by the president, with an an
nual 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.
SEC. 6. And be it further enacted, That nothing herein contained shall be construed to require the reappointment of persons now in office, until the expiration of their present term of service; but the commissions of all Indian agents and subagents, now in office, shall expire on the fourth day of March next, unless sooner terminated.
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.
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 disbursement or application of money, goods or effects of any kind, on account of the Indian department.
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; and blacksmiths shall, in like manner, be employed wherever required by treaty stipulations, and such blacksmith 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.
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.
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, then to such person or persons as such tribe shall designate.
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.
SEC. 13. And be it further enacted, That all merchandize 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 merchandize 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