28 May 1830 27. to continue. 111. It shall and may be lawful for the president to have the same superintendence Superintendence and care over any tribe or nation in the country to which they may remove, as contemplated by this act, that he is now authorized to have over them at their present places of residence: Provided, That nothing in this act contained shall be construed as authorizing or directing the violation of any existing treaty between the United States and any of the Indian tribes. 9 Jan. 1837 5 Stat. 135. 1. 112. All moneys received from the sales of lands, that have been, or may be hereafter, ceded to the United States by Indian tribes, by treaties providing for the investment or dian lands to be payment to the Indians, parties thereto, of the proceeds of the lands ceded by them Proceeds of In paid into the treasury. Ibid. 2. Payment of respectively, after deducting the expenses of survey and sale, any sums stipulated to be advanced, and the expenses of fulfilling any engagements contained therein, shall be paid into the treasury of the United States in the same manner that moneys received from the sales of public lands are paid into the treasury. 113. All sums that are or may be required to be paid, and all moneys that are or may be required to be invested by said treaties, are hereby appropriated in conformity to appropriations. them, and shall be drawn from the treasury as other public moneys are drawn therefrom, under such instructions as may from time to time be given by the president. Ibid. § 3. Accounts to be laid before con gress. Ibid. 4. Investment of 3 March 1843 5 Stat. 611. Certain buildings, &c., to be sold. Ibid. ? 2. 1. 114. All investments of stock, that are or may be required by said treaties, shall be made under the direction of the president; and special accounts of the funds under said treaties shall be kept at the treasury, and statements thereof be annually laid before congress. 115. That the provisions of the 4th section of the act of June 14th 1836, entitled “An act making appropriations for the Indian department, &c.," (a) be and are hereby extended in such manner as to apply to the disposition of all moneys that may hereafter be received under the treaties therein named, or under any others containing similar stipulations for the payment to the Indians annually of interest upon the proceeds of the lands ceded by them. 116. That the secretary of war be and he is hereby authorized to cause to be sold all such dwelling-houses, churches, school-houses, workshops and other buildings belonging to the United States, as have been, or hereafter shall be, erected for the use of their agents, teachers, farmers, mechanics and other persons employed amongst the Indians, when the lands on which the same are erected shall have become the property of the United States, and are no longer necessary for the purposes aforesaid. 117. That the secretary of war be and he is hereby authorized to cause to be sold, at What land to be his discretion, with each of such buildings mentioned in the preceding section of this attached thereto. act, a quantity of land not exceeding one section; and on the payment of the consideration agreed for, into the treasury of the United States by the purchaser, the said secretary shall make, execute and deliver to the said purchaser a title in fee simple for such lands and tenements. 8 March 1853 10 Stat. 238. tions in California, Utah and New Mexico. 1. 118. That the president of the United States, if upon examination he shall approve of the plan hereinafter provided for the protection of the Indians, be and he is hereby Indian reserva- authorized to make five military reservations from the public domain in the state of California or the territories of Utah and New Mexico bordering on said state. for Ijulian purposes: Provided, That such reservations shall not contain more than twenty-five thousand acres in each: And provided further, That said reservation shall not be made upon any lands inhabited by citizens of California; and the sum of two hundred and fifty thousand dollars is hereby appropriated, out of any money in the treasury not otherwise appropriated, to defray the expense of subsisting the Indians in California and removing them to said reservations for protection: [Provided further, If the foregoing plan shall be adopted by the president, the three Indian agencies in California shall be thereupon abolished.](b) 8 March 1855 1. 10 Stat. 699. 119. The president may enlarge the quantity of reservations heretofore selected, equal to those hereby provided for, and shall not expend the amount herein appropriated President may unless, in his opinion, the same shall be expedient; and the last proviso to the authority enlarge such reservations. for five military reservations in California, per act of 3d of March 1853, be and the same is hereby repealed: Provided, That so much of the act approved on the 31st of July last, as requires that no more than twenty thousand dollars shall be drawn by the superintendent of Indian affairs, or be in his hands unexpended at one and the same time, be and the same is hereby, repealed. Repeal. Ibid. 25. 120. To enable the president of the United States to carry out, in good faith, the recent treaties with the Ottoes and Missourias, Omahas, Delawares, Ioways, Sacs and Foxes of (a) 5 Stat. 47. This section provides "That the secretary of war be and he is hereby authorized and directed to invest, in a manner which shall be, in his judgment, most safe and beneficial for the fund. the sum of $33.912.40, being money in the treasury as the proceeds of lands purchased from the Seneca Indians of Sandusky by a treaty concluded on the 28th of February 1831. from the Senecas and Shawanese by a treaty concluded on the 20th of July 1831, and from the Shawanese, by a treaty concluded on the 8th of August 1831, and upon which sum the United States are, by Indian lands. Missouri, Kickapoos, and the united tribes of Kaskaskias and Peorias, Piankeshaws and 3 March 1855. Weas, Shawnees and Miamies, there shall be and hereby is appropriated, the sum of Sales of certain twenty thousand dollars, in addition to the appropriations heretofore made, for the execution of the surveys required by said treaties; and where the net proceeds of the lands ceded by either of said treaties are required to be paid over to the Indians, the president shall cause said lands, or such parts thereof as he may deem proper, to be classified and valued, and when such classification and valuation have been made to his satisfaction, he shall cause said lands to be offered at public sale, by legal subdivisions or town lots, at such times and places, and in such manner and quantity, as to him shall appear proper and necessary to carry out faithfully the stipulations in said treaties; and said lands shall not be sold at public or private sale for a less price than that fixed by the valuation aforesaid, nor shall any land be sold at a less price than one dollar and twentyfive cents per acre, for three years, and thereafter as may be directed by law pursuant to the treaty. VI. MISCELLANEOUS PROVISIONS. 3 Stat. 516. Indian tribes. 121. For the purpose of providing against the further decline and final extinction of 3 March 1819 2 1. the Indian tribes, adjoining the frontier settlements of the United States, and for introducing among them the habits and arts of civilization, the president of the United States Education of shall be, and he is hereby authorized, in every case where he shall judge improvement in the habits and condition of such Indians practicable, and that the means of instruction can be introduced with their own consent, to employ capable persons of good moral character, to instruct them in the mode of agriculture suited to their situation; and for teaching their children in reading, writing and arithmetic, and performing such other duties as may be enjoined, according to such instructions and rules as the president may give and prescribe for the regulation of their conduct, in the discharge of their duties. 122. That the annual sum of ten thousand dollars be, and the same is hereby appropriated, for the purpose of carrying into effect the provisions of this act; and an account Annual approof the expenditure of the money, and proceedings in execution of the foregoing provi- priation. sions, shall be annually laid before congress. Ibid. § 2. 123. No ardent spirits shall be hereafter introduced, under any pretence, into the 9 July 1832 2 4. Indian country. 4 Stat. 564. 9 Stat. 264. 124. No moneys which have been or may be appropriated for the purposes of educa- 29 July 1848 2 tion among the Indian tribes shall be expended for any such object elsewhere than in the Indian country: Provided, That this shall not apply to appropriations the expendi- Appropriations tures of which are or may be, by treaty stipulations, under the direction either of the be expended in president of the United States, or of the Indian tribes respectively. for education to the Indian country. 10 Stat. 24. 125. Nor shall the executive branch of the government hereafter recognise any con- 21 July 1852 3. tract between any tribe or part of a tribe and any attorney or agent, for the prosecution of any claim against the government under this act. 10 Stat. 56. No payments to be made to 126. No part of the appropriations herein made, or that may hereafter be made, for 30 Aug. 1852 3 3. the benefit of any Indian, or tribe, or part of a tribe of Indians, shall be paid to any attorney or agent of such Indian, or tribe, or part of a tribe; but shall, in every case, be paid directly to the Indian or Indians themselves to whom it shall be due, or to the tribe agents, except in or part of a tribe per capita, unless the imperious interest of the Indian or Indians, or case of necessity. some treaty stipulation, shall require the payment to be made otherwise, under the direction of the president. Nor shall the executive branch of the government, now or Contracts to be hereafter, recognise any contract between any Indian, or tribe, or part of a tribe, and any attorney or agent, for the prosecution of any claim against the government, under this act.(a) void. 1 Stat. 561. 1. Any person imprisoned upon execution issuing from any court of the United 6 June 1798 & 1. States, for a debt due to the United States which he shall be unable to pay, may, at any time after commitment, make application, in writing, to the secretary of the treasury, stating the circumstances of his case and his inability to discharge the debt; and it shall (a) This section is re-enacted by act 3 March 1853 2 3. 10 Stat. 239. And see 6 Opin. 49, 462. How insolvent debtors of the United States may be dis charged from imprisonment. 6 June 1799. thereupon be lawful for the said secretary to make, or require to be made, an examination and inquiry into the circumstances of the debtor, either by the oath or affirmation of the debtor, (which the said secretary, or any other person by him specially appointed, are hereby authorized to administer), or otherwise, as the said secretary shall deem necessary and expedient to ascertain the truth; and upon proof being made to his satisfaction that such debtor is unable to pay the debt for which he is imprisoned, and that he hath not concealed or made any conveyance of his estate in trust, for himself, or with an intent to defraud the United States or deprive them of their legal priority ;(a) the said secretary is hereby authorized to receive from such debtor any deed, assignment or conveyance of the real or personal estate of such debtor, if any he hath, or any collateral security to the use of the United States; (b) and, upon a compliance by the debtor with such terms and conditions as the said secretary may judge reasonable and proper under all the circumstances of the case, (c) it shall be lawful for the said secretary to issue his order, under his hand, to the keeper of the prison, directing him to discharge such debtor from his imprisonment under such execution; and he shall be accordingly discharged, and shall not be liable to be imprisoned again for the said debt; (d) but the judgment shall remain good and sufficient in law, and may be satisfied out of any estate which may then or at any time afterwards belong to the debtor. Assignment. Discharge. Ibid. 2 2. Punishment of false swearing. Ibid. 23. 2. If any person shall falsely take an oath or affirmation under this act, he shall be deemed guilty of perjury, and be subject to the pains and penalties provided in the third section of an act entitled "An act for the relief of persons imprisoned for debt." 3. The benefit of this act shall not be extended to any person imprisoned for any fine, Not to extend to forfeiture, or penalty incurred by a breach of any law of the United States, or for moneys had and received by any officer, agent or other person, for their use. penalties, &c. 6 Jan. 1800 2 1. 2 Stat. 4. Prisoners for debt to be enti 4. Persons imprisoned on process issuing from any court of the United States, as well at the suit of the United States, (e) as at the suit of any person or persons in civil actions, shall be entitled to like privileges of the yards or limits of the respective jails, as persons tied to jail limits. confined in like cases on process from the courts of the respective states, are entitled to, and under the like regulations and restrictions.(g) Ibid. ? 2. Discharge of in 5. Any person imprisoned on process of execution issuing from any court of the United States in civil actions, (h) except at the suit of the United States, may have the oath or solvents imaffirmation hereinafter expressed, administered to him by the judge of the district court prisoned under rocess from the of the United States, within whose jurisdiction the debtor may be confined; (i) and in federal courts, except at the States. Citation. case there shall be no district judge residing within twenty miles of the jail wherein suit of the United such debtor may be confined, such oath or affirmation may be administered by any two persons who may be commissioned for that purpose by the district judge; the creditor, his agent or attorney, if either live within one hundred miles of the place of imprisonment, or within the district in which the judgment was rendered, having had at least thirty days' previous notice by a citation served on him, issued by the district judge, to appear at the time and place therein mentioned, if he see fit, to show cause why the said oath or affirmation should not be so administered: At which time and place, if no sufficient cause, in the opinion of the judge, (or the commissioners appointed as aforesaid), be shown, or doth from examination appear to the contrary, he or they may, at the request of the debtor, proceed to administer to him the following oath or affirmation, as the case may be, viz: "You, solemnly (swear or affirm) that you have no estate, real or personal, in possession, reversion or remainder, to the amount or value of thirty dollars, other than necessary wearing apparel; and that you have not, directly or indirectly, given, sold, leased or otherwise conveyed to, or intrusted any person or persons with all or any part of the estate, real or personal, whereof you have been the lawful owner or possessor, with any intent to secure the same, or to receive or expect any profit or advantage therefrom, or to defraud your creditors, or have caused or suffered to be done anything else whatsoever, whereby any of your creditors may be defrauded.”(k) Which oath or affirmation being administered, the judge or commissioner shall certify the same under his or their hands Oath Discharge. (a) Where acts are done by a debtor to prevent the legal priority of the United States from vesting, and to enable him, in contemplation of legal insolvency, to dispose of his property so as to secure other and more favored creditors, the law withholds from him the release which it is a matter of indulgence and favor to grant. 5 Opin. 762. (b) An assignment of the debtor's estate is necessary as a preLaminary to his discharge. 5 Opin. 727. (c) Where imprisoned debtors are discharged on payment of costs, it is to be inferred that the condition embraced only the costs of suit in the cases in which they were imprisoned; it does not inc.ude the expenses of the examination. 3 Opin. 614 (d) A discharge of the principal debtor does not release his sure ties from the judgment, nor operate as a satisfaction thereof. United States v. Stansbury, 1 Pet. 573. Hunter v. United States, 5 Ibid. 186. Hunt v. United States, 1 Gall. 32. 2 Opin. 451. (e) United States v. Anderson, 2 Cr. C. C. 157. (g) Under this act, the sheriff of a county is bound to take a bond for the limits, as provided by the state laws, from a prisoner confined on process from the courts of the United States, and false imprisonment would lie on his refusal. United States v. Noah, 1 Paine. 368. But see United States v. Knight, 3 Sumn. 358, (s. c., 14 Pet. 301), where it is said, that this act is not that by which the liberties of the jail-yards allowed to debtors imprisoned on execution issuing from the courts of the United States, are now regulated. The process act of 19 May 1828 has adopted the state laws on the subject of jail liberties, under the words of the third section, which declare "that writs of execu tion and other final process issued on judgments and decrees rendered in any of the courts of the United States, and the proceedings thereupon shall be the same, &c., as are now used in the courts of such state." &c. 4 Stat. 281. (4) This does not extend to persons imprisoned on torts and trespasses. Martins v. Ballard, Bee, 258. (For the insolvent laws of the District of Columbia; see 2 Stat. 237 3 Ibid. 682. (k) See Humphrey's Case, Crabbe, 19. Snow's Case, 3 W. & M. 430. 6 Jan. 1800. to the prison-keeper, and the debtor shall be discharged from his imprisonment on such judgment, and shall not be liable to be imprisoned' again for the said debt; but the judgment shall remain good and sufficient in law, and may be satisfied out of any estate which may then, or at any time afterwards, belong to the debtor. And the judge or commissioners, in addition to the certificate by them made and delivered to the prisonkeeper, shall make return of their doings to the district court, with the commission, in cases where a commission hath been issued, to be kept upon the files and record of the same court. And the said judge or commissioners may send for books and papers, and have the same authority as a court of record to compel the appearance of witnesses, and Powers of the administer to them, as well as to the debtor, the oaths or affirmations necessary for the judges, &c. inquiry into, and discovery of the true state of the debtor's property, transactions and affairs. Ibid. 23. 6. When the examination and proceedings aforesaid, in the opinion of the said judge or commissioners, cannot be had with safety or convenience in the prison wherein the Prisoners may be debtor is confined, it shall be lawful for him or them, by warrant under his or their removed. hand and seals, to order the marshal or prison-keeper, to remove the debtor to such other place convenient and near to the prison as he or they may see fit; and to remand the debtor to the same prison, if, upon examination or cause shown by the creditor, it shall When to be reappear that the debtor ought not to be admitted to take the above recited oath or affirmation, or that he is holden for any other cause. manded. 7. If any person shall falsely take any oath or affirmation, authorized by this act, Ibid. 24. such person shall be deemed guilty of perjury, and upon conviction thereof, shall suffer Penalty for false the pains and penalties in that case provided. And in case any false oath or affirmation swearing. be so taken by the debtor, the court, upon the motion of the creditor, shall recommit the debtor to the prison from whence he was liberated, there to be detained for the said debt, in the same manner as if such oath or affirmation had not been taken. Ibid. 25. when to be dis 8. Any person imprisoned upon process issuing from any court of the United States, except at the suit of the United States, in any civil action, against whom judgment has Parties in prison been or shall be recovered, shall be entitled to the privileges and relief provided by this on mesne process, act, after the expiration of thirty days from the time such judgment has been or shall charged. be recovered, though the creditor should not, within that time, sue out his execution, and charge the debtor therewith. 3 Stat. 399. charge insolvent United States. 9. Any person imprisoned upon execution (a) for a debt due to the United States, 3 March 1817 ? 1 which he shall be unable to pay, if his case shall be such as does not authorize his discharge by the secretary of the treasury, under the powers given him by the act entitled When the presi"An act providing for the relief of persons imprisoned for debts due to the United dent may disStates,” (b) may make application to the president of the United States; and upon proof debtors of the being made to his satisfaction that such debtor is unable to pay the debt, and upon a compliance by the debtor with such terms and conditions as the president shall deem proper, (c) he may order the discharge of such debtor from his imprisonment, and he shall be accordingly discharged, and shall not be liable to be imprisoned again for the same debt; but the judgment shall remain good and sufficient in law, and may be satisfied out of any estate which may then, or at any time afterwards, belong to the debtor.(d) 4 Stat. 1. may be admi 10. The oath prescribed by the act entitled "An act for the relief of persons impri- 7 Jan. 1824 ? 1. soned for debt," passed on the 6th day of January, Anno Domini 1800, may be, in all cases, administered to the person entitled to take the same, either by any judge of the By whom oath supreme court of the United States, or by the district judge for the district within which nistered. such person may be, or by any person or persons commissioned by any judge of the supreme court, or the said district judge, for that purpose. 4 Stat. 19. missioners. 11. The person or persons who shall or may be commissioned, either by any judge of 22 April 1824 ? L the supreme court of the United States, or by any district judge of the United States, to administer the oath prescribed by the act entitled "An act for the relief of persons Powers of comimprisoned for debt," passed on the 6th day of January, Anno Domini 1800, shall, and may have full power and authority to issue a citation, directed to the creditor, his agent or attorney, if either lives within one hundred miles of the place of imprisonment, requiring him to appear at the time and place therein mentioned, if he see fit, to show cause why the said oath or affirmation should not be so administered. 12. If the creditor, his agent or attorney, lives within fifty miles of the place of imprisonment, only fifteer days' previous nctice by citation shall be required. (a) The president has no power to discharge public debtors imprisoned on mesne process. 1 Opin. 231. He cannot discharge a debtor imprisoned on a treasury distress warrant; yet, if the debtor will confess judgment. and submit to a capias thereon at once, and be thereby brought within the act, the president may legally discharge him. 2 Opin. 285. (b) See supra, 1. Ibid. 22. Citation. (c) See United States v. Ringgold, 8 Pet. 164. (d) A discharge, under this act, merely releases the person of the debtor, but does not affect the debt. United States v. Beattie, Gilp. 92. Nor does the discharge of the principal debtor release his sureties. 5 Opin. 746, 26 May 1824 2 1. 4 Stat. 51. Sales of insol vents' estates. Ibid. 2. Purchases by the Conveyances. Ibid. 2 3. Other remedies not to be impaired. 13. That the agent of the treasury be, and he hereby is, authorized, in all cases where the estates of insolvent debtors have been, or hereafter shall be, assigned to the United States, under the act of the 6th June 1798, entitled "An act providing for the discharge of persons imprisoned for debts due to the United States," to sell such estates, whether real or personal, at such time, and in such manner, as, with the approbation of the secretary of the treasury, he shall think fit, for the best price that can be had therefor; and to make all needful conveyances, assignments or transfers of the same, to the purchaser or purchasers. (a) 14. At any and every sale, on executions, at the suit of the United States, of lands or tenements of a debtor, it shall be lawful for the United States, by such agent as the agent of the treasury shall appoint, to become the purchaser of such lands and tenements: Provided, That in no case shall such agent bid in behalf of the United States for a greater amount than that of the judgment for which such estate may be exposed to sale, and the costs; and it shall be the duty of the marshal of the district in which such sale shall be held, in case such purchases shall be made, to make all needful conveyances, assignments, transfers to the United States; and the agent of the treasury is hereby authorized, with the approbation of the secretary of the treasury, to sell and convey the said lands and tenements in the same manner as is directed by the first section of this act, in respect to lands and tenements assigned by insolvent debtors. 15. Nothing herein contained shall be deemed or construed to take away or impair any other remedy which the United States may be now entitled to have against the person or property of debtors, to enforce the satisfaction of judgments obtained, or which may hereafter be obtained. Insurrection. 1. Powers of the president in case of insurrection in a state. 2. Where the laws of the Union are forcibly obstructed. 28 Feb. 1795 1. 1 Stat. 424. Powers of the 3. Proclamation to be issued to insurgents to disperse. 1. In case of an insurrection in any state against the government thereof, it shall be lawful for the president of the United States, on application of the legislature of such state, or of the executive, (when the legislature cannot be convened), to call forth such of insurrection in number of the militia of any other state or states as may be applied for, as he may judge sufficient to suppress such insurrection. president in case a state. Ibid. 2. Where the laws of the Union are forcibly obstruct ed. Ibid. 2 3. Proclamation to be issued to in surgents to disperse. 3 March 1807 1. 2 Stat. 443. 2. Whenever the laws of the United States shall be opposed, or the execution thereof obstructed in any state by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, it shall be lawful for the president of the United States to call forth the militia of such state, or of any other state or states, as may be necessary to suppress such combinations, and to cause the laws to be duly executed; and the use of militia so to be called forth may be continued, if necessary, until the expiration of thirty days after the commencement of the then next session of congress. 3. Whenever it may be necessary, in the judgment of the president, to use the military force hereby directed to be called forth, the president shall forthwith, by procla mation, command such insurgents to disperse, and retire peaceably to their respective abode, within a limited time. 4. In all cases of insurrection, or obstruction to the laws, either of the United States, or of any individual state or territory, where it is lawful for the president of the United Land and naval States to call forth the militia for the purpose of suppressing such insurrection, or of forces may be employed. causing the laws to be duly executed, it shall be lawful for him to employ, for the same purposes, such part of the land or naval force of the United States, as shall be judged necessary, having first observed all the pre-requisites of the law in that respect. (a) The act 28 April 1828, provides, that in all cases where lands have been or shall be conveyed to or for the United States, in payment of debts due the United States, it shall be lawful for the president to cause the same to be sold for the best price to be obtained, and to convey the same to the purchaser, by grant or otherwise. 4 Stat. 264. |