Sivut kuvina

vent the sale of

United States and any Indian tribe, which now are, or hereafter may be

established by treaty. He may take Sec. 21. And be it further enacted, That the President of the United measures to pre- States be authorized to take such measures, from time to time, as to spirituous lic him may appear expedient to prevent or restrain the vending or distriquors to the

buting of spirituous liquors among all or any of the said Indian tribes, Indians.

any thing herein contained to the contrary thereof notwithstanding. This act to be Sec. 22. And it further enacted, That this act shall be in force in force fronı its from the passage thereof; and so far as respects the proceedings under date. Proceedings

this act, it is to be understood, that the act, intituled “ An act to amend under not to be an act, intituled An act giving effect to the laws of the United States affected by act within the district of Tennessee," is not to operate.(a) of Feb. 19, 1799, ch. 8.

APPROVED, March 30, 1802.

(a) The decisions of the courts of the United States, on the subject of the Indians, have been :

It was doubted whether a state can be seised in fee of lands subject to the Indian title, and whether a decision that they were seised in fee, might not be construed to amount to a decision that their grantee might maintain an ejectment for them, notwithstanding that title. The majority of the court is of opinion that the nature of the Indian title, which is certainly to be respected by all courts until it be legitimately extinguished, is not such as to be absolutely repugnant to a seisin in fee on the part of the state. Fletcher v. Peck, 6 Cranch, 87; 2 Cond. Rep. 308.

The acts of assembly of North Carolina, passed between the years 1783 and 1789, avoid all entries, surveys, and grants of land set apart for the Cherokee Indians, and no title can be acquired to those lands. Danforth's Lessce v. Thomas, 1 Wheat. 155; 3 Cond. Rep. 524.

The boundaries of the reservation made by the laws of North Carolina, have been altered by treaties with the Indians; but it seems that the mere extinguishınent of their title does not subject the land to entry, unless expressly authorized by the legislature. Ibid.

The condition of the Indians, in relation to the United States, is perhaps unlike that of any other two people in existence. In general, nations not owing a common allegiance, are foreign to each other. The term foreign nation, is with strict propriety applicable by either to the other. But the relation of the Indians to the United States, is marked by peculiar and rdinal distinctions, which exist no where else. The Cherokee Nation v. The State of Georgia, 5 Peters, 1.

The Indians are acknowledged to have an unquestionable, and heretofore an unquestioned right to the lands they occupy, until that right shall be extinguished by a voluntary cession to the government. It may well be doubted, whether those tribes which reside within the acknowledged boundaries of the United States, can with strict accuracy be denominated foreign nations. They may more correctly, perhaps, be denominated domestic dependent nations. They occupy a territory to which we assert a title, independent of their will, which must take effect in point of possession, when their right of possession ceases; meanwhile they are in a state of pupilage. Their relations to the United States resemble that of a ward to his guardian. They look to our government for protection; rely upon its kindness and its power; appeal to it for relief to their wants; and address the President as their great father. Ibid.

The treaties and laws of the United States, contemplate the Indian territory as completely separated from that of the states; and provide that all intercourse with them shall be carried on exclusively by the government of the Union. Worcester v. The State of Georgia, 6 Peters, 515.

The Indian nations had always been considered as distinct, independent political communities, retaining their original natural rights, as the undisputed possessors of the soil, from time immemorial; with the single exception of that imposed by irresistible power, which excluded them from intercourse with any other European potentate, than the first discoverer of the coast of the particular region claimed : and this was a restriction which those European potentates imposed on themselves, as well as on the Indians. The very term “nation,” so generally applied to them, means “a people distinct from others.” The constitution, by declaring treaties already made, as well as those to be made, to be the supreme law of the land, has adopted and sanctioned the previous treaties with the Indian nations, and, consequently, admits their rank among those powers who are capable of making treaties. The words “ treaty” and “nation” are words of our own language, selected in our diplomatic and legislative proceedings, by ourselves; having each a definite and well understood meaning. We have applied them to Indians, as we have applied them to other nations of the earth. They are applied to all in the same sense. Ibid.

One uniform rule seems to have prevailed in the British provinces in America, by which Indian lands were held and sold, from their first settlement, as appears by their laws; that friendly Indians were pro. tected in the possession of the lands they occupied, and were considered as owning them by a perpetual right of possession in the tribe or nation inhabiting them, as their common property, from generation to generation, not as the right of the individuals located on particular spots. Subject to this right of pos. session, the ultimate fee was in the crown, and its grantees; which could be granted by the crown or colonial legislatures, while the lands remained in possession of the Indians; though possession could not ve taken without their consent. Mitchell v. United States, 9 Peters, 711.

Individuals could not purchase Indian lands without permission or license from the crown, colonial governors, or according to the rules prescribed by colonial laws; but such purchases were valid with such license, or in conformity with the local laws: and by this union of the perpetual right of occupancy with the ultimate fee, which passed from the crown by the license, the title of the purchaser became complete. Ibid.

Indian possession or occupation was considered with reference to their habits and modes of life; their hunting grounds were as much in their actual possession, as the cleared fields of the whites; and their rights to its exclusive enjoyment in their own way, and for their own purposes, were as much respected, until they abandoned them, made a cession to the government, or an authorized sale to individuals. In STATUTE I. April 2, 1802.

(Obsolete.) Appropriation.

Char. XV.-An Act making a partial appropriation for the support of govern

ment, during the year one thousand eight hundred and two. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sum of one hundred thousand dollars, to be paid out of any monies in the treasury, not otherwise appropriated, shall be, and the same hereby is appropriated towards defraying the expenditure of the civil list, including the contingent expenses of the several departments, during the year one thousand eight hundred and two.

APPROVED, April 2, 1802.

either case their rights became extinct, the lands could be granted disencumbered of the right of occupancy, or enjoyed in full dominion by the purchasers from the Indians. Such was the tenure of Indian lands by the laws of Massachusetts, Connecticut, Rhode Island, New Hampshire, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina and Georgia. Ibid.

Grants made by the Indians at public councils, since the treaty at Fort Stanwick's, have been made directly to the purchasers, or to the state in which the land lies, in trust for them, or with directions to convey to them; of which there are many instances of large tracts so sold and held; especially in New York. Ibid.

It was an universal rule, that purchases made at Indian treaties, in the presence, and with the appro. bation of the officer under whose direction they were held by the authority of the crown, gave a valid title to the lands; it prevailed under the laws of the states after the revolution, and yet continues in those where the right to the ultimate fee is owned by the states, or their grantees. It has been adopted by the United States, and purchases made at treaties held by their authority, have been always held good by the ratification of the treaty, without any patent to the purchasers from the United States. This rule in the colonies was founded on a settled rule of the law of England, that by his prerogative, the king was the universal occupant of all vacant lands in his dominions, and had the right to grant them at his pleasure, or by his authorized officers. Ibid.

When the United States acquired and took possession of the Floridas, the treaties which had been made with the Indian tribes, before the acquisition of the territory by Spain and Great Britain, remained in force over all the ceded territory, as the laws which regulated the relations with all the Indians who were parties to them, and were binding on the United States, by the obligation they had assumed by the Louisiana treaty, as a supreme law of the land, which was inviolable by the power of Congress. They were also binding as the fundamental law of Indian rights; acknowledged by royal orders, and municipal regulations of the province, as the laws and ordinances of Spain in the ceded provinces, which were de. clared to continue in force by the proclamation of the governor in taking possession of the provinces; and by the acts of Congress, which assured all the inhabitants of protection in their property. It would be an unwarranted construction of these treaties, laws, ordinances and municipal regulations, to decide that the Indians were not to be maintained in the enjoyment of all the rights which they could have enjoyed under either, had the provinces remained under the dominion of Spain. It would be rather a perversion of their spirit, meaning and terms, contrary to the injunction of the law under which the court acts, which makes the stipulations of any treaty, the laws and ordinances of Spain, and these acts of Congress, so far as either apply to this case, the standard rules for its decision. Ibid.

The treaties with Spain and England, before the acquisition of Florida by the United States, which guarantied to the Seminole Indians their lands according to the right of property with which they pos. sessed them, were adopted by the United States; who thus became the protectors of all the rights they had previously enjoyed, or could of right enjoy under Great Britain or Spain, as individuals or nations, by any treaty, to which the United States thus became parties in 1803. Ibid.

The Indian right to the lands as property, was not merely of possession, that of alienation was concomitant; both were equally secured, protected and guarantied by Great Britain and Spain, subject only to ratification and confirmation by the license, charter or deed from the governor representing the king. Such purchases enabled the Indians to pay their debts, compensate for their depredations on the traders resident among them to provide for their wants; while they were available to the purchasers as payment of the considerationg which at their expense had been received by the Indians. It would have been a violation of the faith of the government to both, to encourage traders to settle in the province, to put themselves and property in the power of the Indians, to suffer the latter to contract debts, and when willing to pay them by the only means in their power, a cession of their lands, withhold an assent to the purchase, which by their laws or municipal regulations, was necessary to vest a title. Such a course was never adopted by Great Britain, in any of her colonies, nor by Spain in Louisiana or Florida. Ibid.

The laws made it necessary, when the Indians sold their lands, to have the deeds presented to the governor for confirmation. The sales by the Indians transferred the kind of right which they possessed ; the ratification of the sale by the governor, must be regarded as a relinquishment of the title of the crown to the purchaser; and no instance is known where permission to sell has been “ refused, or the rejection of an Indian sale. Ibid.

The colonial charters, a great portion of the individual grants by the proprietary and royal governments, and a still greater portion by the states of the Union after the revolution, were made for lands within the Indian hunting grounds. North Carolina and Virginia to a great extent paid their officers and soldiers of the revolutionary war by such grants, and extinguished the arrears due the army by similar means. It was one of the great resources which sustained the war, not only by those states, but by other states. The ultimate fee, encumbered with the right of Indian occupancy, was in the crown previous to the revolution, and in the states of the Union afterwards, and subject to grant. This right of occupancy was protected by the political power, and respected by the courts, until extinguished, when the patentee took the unencumbered fee. So the supreme court and the state courts have uniformly held.

Clark u. Smith, 13 Peters, 195.


Specific ap

STATUTE I. April 3, 1802.

CHAP. XVI.–An Act making appropriation for defraying the expense of a nega

tiation with the British government, to ascertain the boundary line between the [Obsolete.)

United States and Upper Canada.

Be it enacted by the Senate and House of Representatives of the propriation for United States of America in Congress assembled, That a sum not exestablishing the ceeding ten thousand dollars be, and the same is hereby appropriated, boundary line payable out of any money in the treasury not otherwise appropriated, between the U. States and Up.

to defray the expense which shall be incurred in negotiating with the per Canada.

government of Great Britain, for ascertaining and establishing the boun-
dary line between the United States and the British province of Upper
Canada; when the President of the United States shall deem it expe-
dient to commence such negotiation.

APPROVED, April 3, 1802.

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April 3, 1802.


Specific appropriation.

Chap. XVII.-An Act making an appropriation for defraying the expenses which

may arise from carrying into effect the convention made between the United States
and the French Republic.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That for the payment of such
demands as may be justly due for French vessels and property captured,
and which must be restored or paid for, pursuant to the convention
between the United States and the French republic, there be appropri-
ated a sum not exceeding three hundred and eighteen thousand dollars,
to be paid, under the direction of the President of the United States,
out of any public money in the treasury, not otherwise appropriated.

APPROVED, April 3, 1802.

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April 6, 1802.

Chap. XIX.-An Act to repeal the Internal Taxes. (Obsolete.) Be it enacted by the Senate and House of Representatives of the Repeal of the United States of America in Congress assembled, That from and after

inposing the thirtieth day of June next, the internal duties on stills and domestic things after 30th distilled spirits, on refined sugars, licenses to retailers, sales at auction, Juue, 1802.

carriages for the conveyance of persons, and stamped vellum, parchment
and paper, shall be discontinued, and all acts and parts of acts relative

thereto shall, from and after the said thirtieth day of June next, be reProvisions of pealed : Provided, that for the recovery and receipt of such duties as these acts still shall have accrued, and on the day aforesaid remain outstanding, and to be ineforce for the payment of drawbacks or allowances on the exportation of any the recovery of of the said spirits or sugars legally entitled thereto, and for the recovery what may be and distribution of fines, penalties, and forfeitures, and the remission due under them.

thereof, which shall have been incurred before and on the said day, the The office of provisions of the aforesaid acts shall remain in full force and virtue. superintendent Sec. 2. And be it further enacted, That the office of superintendent of stamps abol. of stamps shall cease and be discontinued from and after the thirtieth ished, and when. The commis. day of April

, one thousand eight hundred and two; after which day the sioner of reve. commissioner of the revenue shall perform all the duties by law enjoined nue to perform on the said superintendent of stamps, which may be required in pursucertain duties under this act.

ance of this act; that the office of collectors of the internal duties shall
Collectors of continue in each collection district, respectively, until the collection of
the internal du- the duties above mentioned shall have been completed in such district,
ties to be cons and no longer, unless sooner discontinued by the President of the United
collections are States, who shall be and hereby is empowered, whenever the collection
complete, un. of the said duties shall have been so far completed in any district as to
less sooner dis.
continued by

render, in his opinion, that measure expedient, to discontinue any of the
said collectors, and to unite into one collection district any two or more

the President.


the revenue to

collection districts, lying and being in the same state : that the office of Supervisors to

continue in of. supervisor shall continue in each state or district, respectively, until the

fice in the same collection of the duties above mentioned, together with the collection of manner. the direct tax, shall have been completed in such state or district, and no longer; unless sooner discontinued by the President of the United States, who shall be and hereby is empowered, whenever the collection of the said duties and tax shall have been so far completed in any state or district, as in his opinion, to render that measure expedient, to discontinue any of the said offices; in which case the collectors thereafter Certain col. employed in the collection of the said duties and tax in such state or

lectors may be

appointed by the district shall be appointed and removeable by the President alone, and President, and shall be immediately accountable to the officers of the treasury depart- made removeament, under such regulations as may be established by the Secretary of ble at his pleathe Treasury: that for the promoting of the collection of any of the They are above-mentioned duties or tax which may be outstanding after the said be accountable

to the treasury thirtieth day of June next, the President of the United States shall be,

department. and he hereby is empowered at any time thereafter, to make such allow

President may ance as he may think proper, in addition to that now allowed by law to make an addi

tional allowance any of the collectors of the said duties and tax, and the same from time

for the collecto time to vary : Provided, that such additional allowance shall, in no in- tion of outstand stance, exceed, in the aggregate, five per cent of the gross amount of ing duties.

Allowance the duties and tax, outstanding on that day: and the office of commis

limited to five sioner of the revenue shall cease and be discontinued whenever the

per cent. collection of the duties and tax above mentioned shall be completed,

Office of com

missioners of unless sooner discontinued by the President of the United States, who shall be, and hereby is empowered, whenever the collection of the said be discontinued duties and tax shall have been so far completed as, in his opinion, to and when; it render that measure expedient, to discontinue the said office, in which may be sooner case the immediate superintendence of the collection of such parts of the President. the said duties and taxes as may then remain outstanding, shall be placed Provision in in such officer of the treasury department as the secretary, for the time case of its dis

. being, may designate: Provided, however, that all bonds, notes or other

Stamped instruments which have been charged with the payment of a duty, and bonds, &c. not which shall, at any time prior to the said thirtieth day of June, have stamped accordbeen written or printed upon vellum, parchment or paper, not stamped be rendered vaor marked according to law, or upon vellum, parchment or paper stamped lid, and how. or marked at a lower rate of duty than is, by law, required for such bond, note or other instrument, may be presented to any collector of the customs within the state; and where there is no such collector, to the marshal of the district, whose duty it shall be, upon the payment of the duty with which such instrument was chargeable, together with the additional sum of ten dollars, for which duty and additional sum, the said collector or marshal shall be accountable to the treasury of the United States, to endorse upon some part of such instrument his receipt for the same; and thereupon, the said bond, note or other instrument shall be, to all intents and purposes, as valid and available to the person holding the same as if it had been or were stamped, counterstamped, or marked as by law required; any thing in any act to the contrary, notwithstanding

Sec. 3. And be it further enacted, That owners of stills, whose licenses to distil shall not have expired on the thirtieth day of June next, stills, &c. to pay shall, at their option, pay either the whole duty which would have ac- their option, in crued on their stills on account of such licenses, or the duty which would certain cases. have accrued on said stills, on the day aforesaid, if they had taken licenses ending on that day; that owners of snuff-mills, whose licenses had not Owners of

snuff mills. expired on the first day of June, one thousand seven hundred and ninetysix, shall be allowed a deduction from the duties incurred on the same, proportionate to the time thus remaining unexpired on such licenses : that the several banks, which may have agreed to pay the annual

Owners of


Banks to pay composition of one per cent on their dividends, in lieu of the

per cent stamp duty on the notes issued by them, shall pay only at the rate of per annum, in lieu of


one per cent. per annum, on such dividends, to the thirtieth day of June dutics until 30th next : that retailers of wines and spirits, who may take licenses after the June, 1822.

passing of this act, shall pay for such licenses only in proportion to the Retailers of wines and spi

time which may intervene between the obtaining of such licenses and rits.

the thirtieth day of June next: and that the owners of carriages for the conveyance of persons, who may enter the same after the passing of this act, and before the thirtieth day of June next, shall pay the duty for the

same only to the said thirtieth day of June. Supervisor of Sec. 4. And be it further enacted, That the supervisor of the Norththe Northwest west district shall, in addition to the same commissions on the product an annual sala. of all the internal duties collected in his district, as heretofore have been ry, in addition allowed to the supervisor of Ohio, be allowed an annual salary of five to his commis. hundred dollars, and at the rate of three hundred dollars per annum for sion for clerk hire.

clerk hire. Extra allow- Sec. 5. And be it further enacted, That the following extra allowances ances for clerk for clerk bire, shall be made for one year, to the supervisors of the folhire to certain supervisors.

lowing districts, as a full compensation for the additional duties arising from the settlement of accounts of certain inspectors of the internal revenues, whose offices have been suppressed by the President of the United States, that is to say, to each of the supervisors of Massachusetts, Pennsylvania, Maryland, North Carolina and South Carolina, the sum of eight hundred dollars, and to the supervisor of Virginia, the sum of

five hundred dollars. Annual entries

Sec. 6. And be it further enacted, That so much of any act, as directs of stills to be no

an annual entry of stills to be made, be, and the same hereby is repealed. longer made.

Certain certifi- Sec. 7. And be it further enacted, That the certificates accompanying cates to be fur. foreign distilled spirits, wines and teas, which are now furnished by the nished by col

supervisors to the inspectors of the ports shall, from and after the aforeIcctors, desig nated by the said thirtieth day of June, be furnished by such collectors of the customs, Secretary of the as may be designated by the Secretary of the Treasury. And it shall be Treasury.

the duty of the inspectors to account with such collectors, for the appliAnd the inspectors to cation of such certificates, in like manner, and under the same regulawhoin deliver. tions, as heretofore they have accounted with the supervisors. ed, to account

Sec. 8. And be it further enacted, That for preparing and issuing the such.

certificates, the collectors performing that duty shall be entitled to, and Allowance to receive the same compensation as heretofore has been allowed to the the collectors

supervisors, respectively. for preparing and delivering Sec. 9. And be it further enacted, That all persons who shall, on or cerificates. after the thirtieth day of June next, have any blank vellum, parchment Stamped pa

or paper, which has been stamped by the superintendent of stamps and per on hand, upon which a counterstamped by the commissioner of the revenue, and on which a duty has been duty has been paid to the use of government, shall be entitled to repaid, may

ceive from such collector or collectors of the customs, or other revenue given up, the money paid, officer in the respective states or districts as may be designated for that refunded. purpose by the Secretary of the Treasury, the value of the said stamps,

after deducting, in all cases, seven and an half per cent., and the said officers are hereby authorized to pay the same: Provided, the said blank vellum, parchment or paper, be presented within four months after the thirtieth day of June next.

APPROVED, April 6, 1802.

to them for all

be and


April 6, 1802. Land on which lighthouse on Gurnet Point stood, to be pur. chased.

Chap. XX.- An Act authorizing the erection of certain Lighthouses; and for

other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembledd, That under the direction of the Secretary of the Treasury, there shall be purchased, for the use of

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