Imagens das páginas
PDF
ePub

Indiana, 1810.

to promote as far as possible its humane and benevolent policy of civilizing the Indians, an attempt which can never be successful as long as the means of intoxication are within their reach, and being desirous also to facilitate those extinguishments of Indian title, which are at once so beneficial to the United States, their constituents, and the Indian tribestherefore as well for the purposes aforesaid, as to relieve their constituents from the injuries which they sustain from the depredations committed by Indians coming into the settlements to trade:

SEC. 1. Be it enacted by the Legislative Council and House of Representatives of the Indiana territory, and it is hereby enacted by the authority of the same, That from and after the first day of March next ensuing, no person shall be allowed to trade with any Indian or Indians, within the lands to which the Indian title has been extinguished, without having previously obtained a license from the Governor of the territory, and having previously given bond with one or more securities to the Governor and his successors in office for the use of the territory, in the same penalty and under the same conditions as are required by the laws of the United States, from persons trading with Indians in the Indian country: Provided, That nothing herein contained shall prevent any person within this territory from purchasing any kind of meat, sugar, or any article of Indian manufacture, from any Indian or Indians, or shall prevent any person from purchasing with the produce of his or her farm, ardent spirits excepted, any such article, or any skins or furs.

SEC. 2. Be it further enacted, That the trade with the Indians, except as before excepted, shall be confined to such places on the frontiers as the Governor may designate, and where the ingress of the Indians may not be considered prejudicial to the persons and property of the good citizens of this territory.

SEC. 3. Be it further enacted, That from and after the first day of March next ensuing, no person or persons shall sell, barter or give any ardent spirits or spirituous liquors to any Indian or Indians within the part of this territory to which the Indian title is extinguished.

SEC. 4. Be it further enacted, That any person or persons offending against any of the provisions of the preceeding sections of this act, he, she or they, on conviction thereof by indictment, in any court of competent jurisdiction, shall, for the first offence, pay a fine not exceeding five hundred dollars, nor less than one hundred dollars, and for every

succeeding offence, a fine not exceeding six hundred dollars, Indiana, nor less than two hundred dollars.

SEC. 5. Be it further enacted, That if any person or persons shall, without the permission or authority of the government of the United States, or of this territory, directly or indirectly, commence or carry on, any verbal or written correspondence or intercourse, with any Indian nation or tribe, or any chief, sachem, or warrior of any Indian nation or tribe, with an intent to influence the measures or conduct of any Indian nation or tribe, or any chief, sachem or warrior of any Indian nation or tribe, in relation to any negotiations or treaties, disputes or controversies with the United States or this territory, or to defeat the measures of the government of the United States or this territory, if any person or persons, not duly authorized, shall counsel or advise, aid or assist in any such correspondence, with intent aforesaid, he, she or they shall be deemed guilty of a high misdemeanor, and on conviction thereof before any court having jurisdiction thereof, shall be punished by a fine not exceeding three thousand dollars and not less than one thousand dollars: Provided, That nothing herein contained shall be construed to impair or abridge the right of individual citizens of the United States to apply by themselves or their lawful agents, to any Indian nation or tribe, or to any chief, sachem or warrior of any Indian nation or tribe, for the redress of any injuries in relation to person or property which such individuals may have sustained from such Indian nation or tribe, or any chief, sachem or warrior thereof.

SEC. 6. And be it further enacted, That no person who, by this, or any subsequent act,,shall have the power of issuing licenses to trade with the Indians shall have any concern or interest in any such trade; and any person so offending, shall on conviction thereof, by indictment in any court of competent jurisdiction, pay a fine not exceeding three thousand nor less than five hundred dollars: Provided always, That nothing herein contained shall prevent the persons who issue licenses from purchasing of any Indian or Indians, any of the articles mentioned in the first section of this act, in the same manner, and under the same restrictions as other citizens of the territory are permitted to do by said section: And provided always, That nothing in this act contained, shall prevent the United States' superintendent of Indian affairs, or other agent of the United States from issuing ardent spirits to the Indians at the expense, and on account of the United States, or shall prevent the said superintendent, or other agent from treating, at their respective houses, any Indian or Indians, during any treaty or other conference.

1810.

1831.

Indiana, 1831.

Illinois, rs13.

Extract from "an act regulating the practice in suits at law."-[From Revised Laws.]

"SEC. 37. No negro, mulatto or Indian, shall be a witness, except in pleas of the state against negroes, mulattoes or Indians, and in civil cases where negroes, mulattoes or Indians alone are parties. Every person other than a negro, having one fourth part or more of negro blood, or any one of whose grandfathers or grandmothers shall have been a negro, shall be deemed a mulatto."

ILLINOIS.-1813.
[Whilst a Territory.]

An act prohibiting the trading with Indians, &c.

Whereas it has been represented by the executive of this territory, and the chief of the tribe of the Kaskaskia Indians, that the vending of ardent spirits, and other intoxicating liquors to the Indians of the said tribe, is productive of great evils to the community, and of serious injury to the said tribe, and that to tolerate the purchase of arms, clothing, horses, and other articles necessary for their use, and comfort, would tend to encourage intemperance and wretchedness, to which these unfortunate beings are hastening; for remedy whereof,

SEC. 1. Be it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That if any trader or other person whosoever residing or coming into, or passing through the said territory, shall presume to furnish, vend or sell, or shall procure to be vended or sold upon any account whatever to any Indian or Indians being within this territory or waters adjoining to the same, any brandy, rum, whiskey or other intoxicating liquor, he, she or they so offending shall on conviction of the same, by presentment or indictment, forfeit and pay for every such offence, any sum not exceeding twenty dollars, nor less than five; one half to the use of the territory, and the other half to the informer.

SEC. 2. Be it further enacted, That if any person or persons, shall purchase or receive of any Indian in the way of barter, or trade, a gun or other article commonly used in hunting, or any instrument of husbandry or cooking utensil, or clothing, or horse, shall forfeit and pay any sum not exceeding fifty dollars, nor less than ten, to the use of the territory, to be recovered as is directed in the former section, one half to the use of the territory and the other to the use of the

informer: Provided, That nothing herein contained shall be llinois, so construed as to restrain any person from trading with Lewis 1818. Decoigne, the chief of the Kaskaskia Indians, for any article that he may deem necessary in behalf of said tribe, nor so as to impair or weaken the powers and authority that now, or at any time hereafter, may be vested in the Governor, or other person, as superintendent or agent of Indian affairs, or commissioner plenipotentiary for treating with Indians, within this territory.

This act to be in full force from and after the first day of January next.

1814.

An act to promote retaliation upon hostile Indians.

Whereas the hostile incursions of the savages and their 1814. indiscriminate slaughters of men, women and children, have been often repeated under circumstances aggravating the horror of such sanguinary scenes and producing great affliction and distress among the inhabitants of this territory.

And whereas nothing is so well calculated to check the progress or prevent the repetition of those attacks on the part of those blood thirsty monsters, as successful pursuit and retaliation upon them; to effect which it becomes expedient to offer sufficient encouragement to the bravery and enterprize of our fellow-citizens, and those other persons now engaged or that hereafter may be engaged in the defence of our frontier: Therefore,

SEC. 1. Be it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That if any Indian or Indians shall hereafter make an incursion into our settlements with hostile intentions and shall commit any murder or depredation, and any citizen or citizens or strangers or other persons engaged in the defence of our frontier shall pursue and overtake and take prisoner, or prisoners, or kill any Indian or Indians that may have so offended such person or persons shall if they be citizens merely receive a reward for each Indian so taken or killed, the sum of fifty dollars, and if they be rangers or other persons actually at that time engaged in the defence of our frontier, such person or persons shall be entitled to a reward of twenty-five dollars.

SEc. 2. Be it further enacted, That if any party of citizens having first obtained permission of the commanding officer on our frontier to go into the territory of any hostile In

Illinois, 1814.

1814.

dian, shall perform any such tour and shall kill any Indian warrior, or take prisoner any squaw or child, in the country of said hostile Indians, such person shall be entitled to a reward of one hundred dollars, for each Indian warrior killed and each squaw or child taken prisoner.

SEC. 3. Be it further enacted, That if any party of rangers or other persons, now engaged or that may hereafter be engaged in the defence of our frontier, not exceeding fifteen in number, shall with the leave of the officer make a voluntary incursion into the country of any hostile Indians, and shall kill any Indian warrior or warriors, or take and bring away any squaw or squaws, child or children, in and from the country of said Indians, such persons as aforesaid, shall be entitled to a reward of fifty dollars for each Indian warrior killed as aforesaid, and each squaw or child so taken prisoner. SEC. 4. Be it further enacted, That proof of any of the before mentioned facts, to entitle any person or persons to the reward given by this law, shall be made before the judges of any county court, or any two of said judges who upon full proof being made before them, shall certify the same to the auditor of public accounts, who shall audit the amount due to such person or persons, and give to him or them a warrant on the treasurer, for the amount thereof, which shall be paid out of any money in the public treasury. This act shall com

mence and be in force from and after the passage thereof.

An act concerning the Kaskaskia Indians.

Whereas a former law of this legislature has been found insufficient to prevent evil disposed persons from selling and giving intoxicating drinks to the Kaskaskia Indians, or from cheating and defrauding the said Indians, out of their property by pretended or real purchases, and whereas the former practice is productive of disorder, and other pernicious consequences, and the latter a violation of moral justice and good policy: for remedy thereof,

SEC. 1. Be it enacted by the Legislative Council and House of Representatives, and it is hereby enacted by the authority of the same, That if any white person or free person of colour either male or female shall hereafter without license from the Governor as superintendent of Indian affairs within this territory, or from some sub-agent appointed by him, either sell or give to any Kaskaskia Indian or any other Indian, residing with them, any quantity of whiskey, gin, brandy, rum, cider or any other intoxicating drink, such per

« AnteriorContinuar »