SEC. 18. And be it further enacted, That all acts, or parts of acts, contrary to the provisions of this act, shall be, and the same are hereby repealed. Approved, June 30th, 1834.

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Regulations concerning the payment of Indian Annuities.

1. All annuities payable by treaty stipulations to any Indian tribe will be hereafter paid by a military officer, to be designated for that purpose, under the provisions of the act passed June 30th, 1834, entitled "An act to provide for the organization of the Department of Indian Affairs," except where, from some local cause or other circumstance, it may become necessary to have the payments otherwise made; in which event special instructions for that purpose will be given by the Secretary of War.

2. The officer designated for the above duty will be advised thereof through the proper military office, but the necessary instructions for the execution of the duty will be given by the Commissioner of Indian Affairs.

3. Drafts for the payment of the annuities will be transmitted to such officer, who will procure the necessary funds thereupon, and transport them to the place of payment. The annuities will be paid in specie, except where the Indians are willing to receive bank bills, which, at the place of payment, are equivalent to gold and silver. If the Indians fully understand the value of such bank bills, which are equivalent to gold and silver at the place of payment, and are willing to receive the same to avoid the expense and risk of transportation, bills, under such circumstances, may be paid to them: but the officers making and superintending the payment will take care that the Indians fully understand the matter, and act according to the dictates of their own judgment.

4. When it becomes necessary to pay annuities, instructions will be given by the Commissioner of Indian Affairs to the proper agent or sub-agent, and also to the officer designated to make the payment. The agent or sub-agent will fix upon the time and place, and will advise the officer of the same, and such officer will make his arrangements to have funds ready at the time and place fixed upon.

5. The proper agent or sub-agent will take care that the Indians receive the necessary information, in order that they may assemble at the time and place designated; for that purpose he is authorized to send messages to the tribe, and the expense of such messages will be defrayed upon his certificate by the officer designated to make the payment. It is presumed, however, that the necessary information may be communicated generally without expense; and in no instance will the expenses for this object, for any one agency or sub-agency, be allowed to exceed the sum of one hundred dollars, unless a previous representation of the necessity thereof be made to the War Department and approved.

6. From the situation and circumstances of the various Indian tribes, a uniform rule respecting the issuing of provisions during the payment of annuities cannot be prescribed. Some of the tribes will require no such assistance, while it must be rendered to others. In the instructions issued on the subject of the annuities, the Commissioner of Indian Affairs will designate those agencies or sub-agencies where it will become necessary to provide assistance during the time of payment. In all cases, however, where the payment is made in the vicinity of a military post, the necessary provisions will be issued from the army stores, upon the requisition of the proper agent or sub-agent, and upon the order of the commanding officer, and accounted for in the manner heretofore practised.

7. Where provisions are required for the payment of annuities, at places where there are no military posts, the agent or sub-agent will form a contract, to be based upon proposals, giving at least twenty days' public notice, specifying the quantity of provisions, and the day, and place, and circumstances of issue. In determining the quantity, the agent or sub-agent will estimate, from the best means within his power, the number of Indians that will probably attend; but no contract will be made for a larger amount than may be previously directed by the Commissioner of Indian Affairs.

8. The ration to be issued will consist of one pound of fresh beef, if the same can be had, but if not, then of three-fourths of a pound of salt meat, and three-fourths of a quart of corn or of corn meal, or of one pound of wheat flour, to each person, and of four quarts of salt to every one hundred persons; but no salt will be issued when the Indians receive salt meat.

Returns, specifying the number of Indians, distinguishing men, women, and children, and stating the tribe, will be drawn by the agent or sub-agent on the contractor, and upon these issues will be made. After the business is completed, these returns will be consolidated into an abstract, and certified by the agent or sub-agent, and the military officer, and thereupon payment will be made to the contractor. The abstracts and contracts will be the vouchers for the settlement of the accounts.

9. It is believed that, in most cases, three days' provisions will be found sufficient; viz. one upon the day of arrival, one upon the day of payment, and one upon the day of departure. Should two days, however, be found necessary to complete the payment, four days' provisions may be allowed.

10. Independent of the Indian agent or sub-agent, and of the military officer making the payment at places where it may be convenient, another military officer will be directed to be present, and certify to the payment.

11. Previously to the payments, the agent or sub-agent, and the military officer or officers, will convene the Indians, and ascertain from them in what manner they desire the annuity to be paid: whether to the chiefs of the tribe, to heads of families, or in any other manner. They will take care that the Indians fully comprehend the subject, and act upon their own suggestions; and, after getting their views, the payment will be made in conformity thereto. The decision of the Indians will be certified upon the receipt rolls by the above officers.

12. Payment will, in all cases, be made to the Indians, and to no other person; nor will any debt or claim of any kind be allowed or paid, excepting claims provided for in the 17th section of the act passed the 30th ultimo, and entitled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontier."

13. Where property is taken or destroyed, in the manner described in the said section, the person interested therein will procure the necessary documents and proofs substantiating his claim. These documents and proofs will be submitted to the proper superintendent, agent, or sub-agent, and at the next period of paying annuities the same will be laid before the persons superintending such payment. They will inquire into the circumstances, and interrogate the Indians; and if they are satisfied the claim is just, they will then make a formal demand upon the tribe for satisfaction. If, thereupon, such tribe agree to make satisfaction, the amount shall be taken from the annuity due to such tribe, and paid to the person entitled thereto. Triplicate receipts will be taken from the person receiving such payment, expressing the nature and circumstances thereof; one of which shall be kept by the agent or sub-agent; one shall be delivered to a chief of the tribe; and the third shall be transmitted, with the annuity receipts, to the office of Indian Affairs. The annuity receipt will also express the payment so made: that is, it will acknowledge, on the part of the Indians, the receipt of the whole annuity due to them; specifying that such part was due to them, and such part to the person named, on account of the injury before mentioned.

14. If the Indians refuse to allow such claim, the agent, sub-agent, and military officers attending the payment, will, after making the inquiries aforesaid, state all the circumstances which may become known to them, and certify the same, together with their opinion, with the documents and proofs, to the Commissioner of Indian Affairs for ultimate decision. And when it shall be decided that the claimant is entitled to redress, special instructions will be issued to the proper agent or sub-agent; and, at the next period of paying the annuity, the amount will be deducted therefrom and paid to the proper person. And the Indians will be informed that such is the decision of the President upon the case.

15. Payments of all annuities will be made in public, and in the presence of whatever persons may choose to attend; and triplicate receipt rolls will be prepared, and will be signed by the proper chiefs of the tribe. These receipt rolls will be witnessed by two or more respectable persons who may attend the payment, and will be duly certified by the persons making and superintending the same; two of these rolls will be forwarded for settlement.

16. The agent or sub-agent will reduce to writing the substance of all the speeches made by the Indians who may be present, and transmit fair copies of the same to the Commissioner of Indian Affairs. These speeches will be certified by the military officers.

17. The abovementioned law provides that no allowance will be made to any military officer for his services, except for his actual travelling expenses. The expenses of transporting the annuity, including a reasonable compensation to a confidential person to aid in the transportation where the amount is large, will be paid upon the production of proper vouchers, and the certificate of the officer making the expenditure. Where, from exposed situations, or from the magnitude of the sum, it may become necessary to provide for the greater security of the funds, instructions will be issued from the Adjutant-general's Office to the respective commanding officers to furnish such a guard as may be required.

It is intended to designate the officers at each station, doing the duty of quartermaster or commissary, to disburse the funds herein referred to: and, as a general rule, the commanding officer of the post will be appointed to aid in superintending the payment. Necessary exceptions from these rules, when they occur, will be provided for.

18. It will be the duty of the agent or sub-agent, and military officers attending these payments, to explain fully to the Indians the provisions of the 16th and 17th sections of the abovementioned act, which prescribe the mode of redress, as well for white persons as Indians, when injuries are committed by one upon the other. And the Indians will, at such times, be enjoined to restrain their own people from committing injuries, not only as the offender is liable to punishment, but because the amount will be deducted from the annuity due to the tribe; and they will also be informed that the law makes adequate provision for their compensation when they are injured by citizens of the United States; but if they endeavour to procure redress by violent means, they become not only liable to punishment, but forfeit all their claims to compensation.

19. The twelfth section of the above-named act having provided that, when any Indian tribe requests it, the annuity due to such tribe may be paid in goods, it will be the duty of the agent or sub-agent, while attending any annuity payment, to communicate this information to the Indians, and to inquire of them whether they desire their next annuity to be paid in money or in goods. Their answer will be signed by the chiefs, certified by the agent or sub-agent, and transmitted to the Commissioner of Indian Affairs; and the Indians will be informed that the next annuity will be paid in the mode pointed out by them, and arrangements will accordingly be made therefor.

20. Where an annuity is payable in goods, either by law, by treaty, or at the request of the Indians, such goods will be purchased by contract, to be based upon proposals previously issued. Such proposals will be issued under the direction of the Secretary of War, and by a person to be designated by him, and will give at least thirty days' previous notice. Such notice will specify the amount required, the time and place of delivery, and will describe, as minutely as practicable, the kinds and quality of the various articles required. In determining the kind and quality of the articles, regard must be had to the habits and tastes of the tribe for whom such articles are designed. Of this, the proper superintendent, agent, or sub-agent, must judge, unless the Indians themselves shall decide the matter. With this view, the subject will be explained to them at every annuity payment, and, if they see fit, the various articles, in the proportions to be indicated by them, will be purchased accordingly for the next payment. The mode of determining the quantity will be as follows: if, for instance, the annuity due to the tribe be ten thousand dollars, the proposals will state that such a portion of that amount, say two thousand dollars, will be for blankets—such a portion, say two thousand dollars, for strouds—such a portion, say one thousand dollars, for calicoes—such a portion, say five hundred dollars, for powder—such a portion, say five hundred dollars, for tobacco—and so on; designating the proportional part which shall be assigned to each particular object. The goods will be transported to the place of delivery at the sole expense of the contractor, and kept there at his risk until delivered by the proper officers to the Indians. In all cases, patterns of blankets, strouds, and such other articles as cannot be described with sufficient precision, will be deposited at some convenient place for inspection, and the articles to be furnished will be in conformity therewith. If they are not in such conformity, they will be liable to the proceeding subsequently described herein.

21. The agent or sub-agent, and military officers attending the payment, will particularly examine all the articles, and will take care that they are of the proper quality, so that full justice shall be done to the Indians. In case the goods are not upon the spot, it shall be referred to them whether they will receive the money, or wait till the goods can be procured, either at that or the succeeding season. If they choose to receive the money, it shall be immediately procured, and paid to them on the principle before described. If they prefer the goods, such goods shall be procured by a new contract, the same season if practicable; but if there is not time then, it shall be done at the next season. But if the goods are ready for delivery, and are found defective in quality, then the Indians shall also be called upon to decide whether they will receive such articles as are found defective, or whether they wish the payment to be made as is provided in this article. If they prefer the latter, the proceedings above described will take place; but if they agree to accept the defective articles at such a price as the agent or sub-agent and military officer may fix, then such persons will ascertain the difference in value between the articles so delivered, and those required to be delivered, and shall deduct double the amount thereof from the sum to be paid to the contractor, and pay the same to the Indians. But if the agent or sub-agent and military officer are satisfied that the quality of the articles is such that it would not be proper for the Indians, under any circumstances, to receive them, then they will explain the matter without referring the question to the Indians, and will proceed in other respects as before described.

22. Forms of notices for proposals for goods, and for contracts for the same, will be prepared and transmitted by the Commissioner of Indian Affairs. Every contractor will be required to give bond in twice the amount to be furnished, with at least three sufficient securities, whose solvency and respectability shall be known to the officer making the contract, or to respectable persons known to him.

23. Goods for the Indians will be delivered in the same manner as is provided in the delivery of specie. They will be divided into separate shares, or be handed over in bulk, as the Indians may choose. The contracts will be transmitted to the Commissioner of Indian Affairs, with the receipt rolls of the Indians as vouchers for the settlement of the accounts. No portion of the money will be paid until after the goods are actually received by the Indians.

24. In order to preserve the proper authority of the agent or sub-agent with the Indians, the agent or sub-agent will be the organ of communication at all annuity payments.

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Officers employed in the Indian Department, under the Act for the Organization of the Indian Department,—approved June 30th, 1834.

Superintendent.

WILLIAM CLARK, St. Louis, compensation 1500 dollars per annum.

J. J. Ruland, Clerk, St. Louis, 1000 dollars per ann.

Agents, at a compensation of 1500 dollars per annum.

William Marshall, Indiana.

This agency includes all the Indians and Indian country within the limits of that State.

Benjamin Reynolds, Chickasaws.

This agency includes that tribe.

Lawrence Talliaferro, St. Peter's.

This agency includes all the country west of the agency of Michilimackinac and Sault Ste. Marie, and north of the Green Bay and Prairie du Chien agencies, comprehending the various families of the Sioux tribe upon the waters of the Mississippi and its tributary streams, and upon the waters of Red river.

Jos. M. Street, Prairie du Chien.

This agency includes all the Indians and Indian country west of the Green Bay agency, south of the agencies of Michilimackinac and St. Peter's, extending west as far as the Winnebago country extends, and comprehending within its limits the Sac and Fox Indians and their country.

R. W. Cummins, Northern Agency of Western Territory.

This agency includes all the Indians and Indian country within the superintendency of St. Louis, south of the Upper Missouri agency, excepting therefrom the Shawanees, Ottawas, Peorias and Kaskaskias, and Piankeshaws and Weas, who will constitute a separate sub-agency.

John Dougherty, Upper Missouri.

This agency includes all the Indians and Indian country west of the State of Missouri, north of the northern agency of the Western Territory, and extending west and north, so as to include the Otoes, Pawnees, Omahas, and Poncas.

George Boyd, Green Bay.

This agency includes all the Indians and Indian country north of the Chicago agency, west and south of the agency of Michilimackinac and the Sault Ste. Marie, and extending west to a line running due north and south, through the portage of the Fox and Ouisconsin rivers.

H. R. Schoolcraft, Michilimackinac and Sault Ste. Marie.

This agency includes all the Indians and Indian country on the peninsula of Michigan, from the mouth of Thunder Bay river, round the shores of the lakes, to the White river of Lake Michigan, and the islands of Lake Huron, and the peninsula between Lake Superior, Lake Michigan, and Lake Huron, as far west as the Monistic river, and all the country upon Lake Superior, and all the region possessed by the Chippewa Indians, comprehending the Upper Mississippi.

F. W. Armstrong, Southern Agency of Western Territory, and acting Superintendent.

This agency includes the Choctaws and their country.

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Sub-agents, at a compensation of 750 dollars per annum.

H. Conner, Michigan. Lt.-Col. E. Cutler, Fort Winnebago. James Jackson, Maumee. J. L. Bean, Sioux. J. F. A. Sanford, Mandan. A. S. Hughes, Ioway. M. G. Clark, Ottaway. L. Tarrant, Creeks, East. George Varhon, Cherokees, West. R.A. M'Cabe, Creeks, West. P. L. Chouteau, Osage. J. M'Elvain, Ohio Indians, Sandusky. James Stryker, Buffalo, N. Y.

Interpreters, at a compensation of 300 dollars per annum.

R. Grignon, Green Bay. Antoine Le Clair, Rock Island. Charles Maubrain, Missouri. James Rankin, Sandusky. George Johnson, Michilimackinac. Nathan Strong, Buffalo. Antoine Dunord, Detroit. James Baron, Logansport. Michael St. Cyr, Fort Winnebago. Amable Grignon, Prairie du Chien. Duncan Campbell, St. Peter's. Jacques Mettez, St. Louis. Joseph James, Kanzas. James Conner, Shawanee. Peter Cudjoe. Kickapoo. Henry Clay, Ottaway. B. Mongradier, Osage. Jackson Kemp, Chickasaws. Paddy Carr, Creeks, East, (not reported) do. West, (not reported) Cherokees, West. R. M. Jones, Choctaws. Jeffrey Dorney, Ioways. Zephier Rencouter, Sioux. Toussant Charbonneau, Mandan. (not reported) Quapaws. (not reported) Caddors.

THE END

LONDON: PRINTED BY SAMUEL BENTLEY, Dorset Street, Fleet Street.