United States Statutes at Large/Volume 2/9th Congress/1st Session/Chapter 48
Chap. XLVIII.—An Act for establishing trading houses with the Indian tribes.
Act of April 18, 1796, ch. 13.
Trading houses how to be established at such ports and places on the frontiers as the President may choose.Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall be lawful for the President of the United States, to establish trading houses at such posts and places on the frontiers, or in the Indian country, on either or both sides of the Mississippi river, as he shall judge most convenient for the purpose of carrying on a liberal trade with the several Indian nations, within the United States, or their territories.
Superintendent of Indian trade.
His duties.
Supplemental act 1809, ch. 34.
Repealed 1811, ch. 30.Sec. 2. And be it further enacted, That the President of the United States shall be authorized to appoint a superintendent of Indian trade, whose duty it shall be to purchase and take charge of all goods intended for trade with the Indian nations aforesaid, and to transmit the same to such places as he shall be directed by the President. And he shall take an oath of affirmation faithfully to execute the trust committed to him, and that he will not directly, or indirectly, be concerned, or interested in any trade, commerce, or barter, but on the public account; and he shall also give bond, in the penal sum of twenty thousand dollars, with sufficient security, to be approved of by the Secretary of the Treasury of the United States, truly and honestly to account, for all the money, goods and other property, whatever, which shall come into his hands, or for which in good faith he ought so to account, and to perform all the duties required of him by this act; and his accounts shall be made up quarter yearly, and transmitted to the Secretary of the Treasury.
His compensation.Sec. 3. And be it further enacted, That the superintendent of Indian trade shall receive an annual salary of two thousand dollars, payable quarter yearly, at the treasury of the United States.
Sec. 4. And be it further enacted, That the President of the United Agents for the trading houses established by this act to be appointed by the President.States shall be authorized to appoint an agent for each trading house established under the provisions of this act; and every such agent shall give bond with sufficient security in such sum as the President shall direct, truly and honestly to account for all the money, goods, and other property whatever, which shall come into his hands, and for which he ought so to account, and to perform all the duties required of him by this act.
Agents to receive and dispose of in trade among the Indians, goods from the superintendent: according to rules and regulations of the President.
Oath of the agents.
Quarter yearly accounts to be rendered by them to the superintendent.
Duplicates to be sent to the Secretary of the Treasury.
Agents, &c. &c. not to be concerned in exporting, directly or indirectly, the furs and peltries of the United States, or be concerned in trade, &c. &c. but on the public account.
Their emoluments limited the pay of the United States.
Penalties.
Proviso.Sec. 5. And be it further enacted, That it shall be the duty of each of the said agents, to receive from the superintendent of Indian trade, and dispose of, in trade with the Indian nations aforesaid, such goods as may be transmitted to him by the said superintendent; to be received and disposed of as aforesaid, according to the rules and orders which the President of the United States shall prescribe; and every such agent shall taken an oath or affirmation, faithfully to execute the trust committed to him; and that he will not, directly or indirectly, be concerned or interested in any trade, commerce or barter, but on the public account, and he shall render an account quarter yearly to the superintendent of Indian trade, of all money, goods, and other property whatsoever, which shall be transmitted to him, or which shall come into his hands, or for which, in good faith he ought to account; and he shall transmit duplicates of his accounts to the Secretary of the Treasury of the United States.
Sec. 6. And be it further enacted, That the superintendent of Indian trade, the agents, their clerks, or other persons employed by them, shall not be, directly or indirectly, concerned in exporting to a foreign country, any peltries or furs belonging to the United States, or interested in carrying on the business of trade or commerce, on their own, or any other than the public account, or take or apply to his or their own use, any emolument or gain for negotiating or transacting any business or trade, during his or their appointment, agency or employment, other than provided by this act, or excepting for or on account of the United States. And if any such person shall offend against any of the prohibitions aforesaid, he shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, forfeit to the United States a sum not exceeding one thousand dollars, and shall be removed from such office, agency or employment, and forever thereafter, be incapable of holding any office under the United States: Provided, that if any person, other than a public prosecutor, shall give information of any such offence, upon which a prosecution and conviction shall be had, one half of the aforesaid penalty, when received, shall be for the use of the person giving such information:Proviso. And provided also, that if such misdemeanor be committed by the superintendent of Indian trade, or by any agent, it shall be deemed a breach of the condition of his bond, and the penalty thereof may be recovered in any court having competent jurisdiction of the same.
Prices of goods furnished the Indians to be so regulated as that the capital stock is not to be diminished.
Annual appropriation for paying superintendent and his clerks.Sec. 7. And be it further enacted, That the prices of goods supplied to, and to be paid for, by the Indians, shall be regulated in such manner, that the capital stock, furnished by the United States, shall not be diminished.
Sec. 8. And be it further enacted, That during the continuance of this act, the annual sum of three thousand dollars be, and the same is hereby appropriated for the payment of the salary of the superintendent of Indian trade and his clerks, to be paid out of any money in the treasury of the United States, not otherwise appropriated.
President may draw a sum of money every year for the payment of agents and clerks.
Agents and clerks entitled to draw rations.
Sum appropriated for the trade and intercourse of the United States with the Indian tribes.Sec. 9. And be it further enacted, That during the continuance of this act, the President of the United States be, and he is hereby authorized to draw annually from the treasury of the United States a sum not exceeding ten thousand dollars, to be applied under his direction to the payment of the agents and clerks; which agents shall be allowed to draw out of the public supplies two rations each, and each clerk one ration per day.
Sec. 10. And be it further enacted, That the sum of two hundred and sixty thousand dollars, including the sums heretofore appropriated, and applied to the like purpose, and exclusive of the salary of the superintendent of Indian trade, and of the allowances to agents and clerks, be, and the same is hereby appropriated, for the purpose of carrying on trade and intercourse with the Indian nations, in the manner aforesaid, to be paid out of any monies in the treasury of the United States, not otherwise appropriated.
Penalties for purchasing certain articles from the Indians.Sec. 11. And be it further enacted, That if any agent or agents, their clerks, or other person employed by them, shall purchase or receive from any Indian, in the way of trade or barter, any gun, or other article commonly used in hunting; any instrument of husbandry of cooking utensil, of the kind usually obtained by Indians in their intercourse with white people, or any article of clothing, excepting skins of furs, he or they shall respectively forfeit the sum of one hundred dollars for each offence, to be recovered by action of debt, in the name and to the use of the United States, in any court having jurisdiction in like cases:Proviso. Provided, that no suit shall be commenced except in the state or territory within which the cause of action shall have arisen, or in which the defendant may reside. And it shall be the duty of the superintendent of Indian trade, or of the superintendents of Indian affairs, and their deputies respectively, to whom information of every such offence shall be given, to collect the requisite evidence, if attainable, to prosecute the offender without delay.
The furs and peltries belonging to the U. States to be sold at public auction after notice shall have been published.Sec. 12. And be it further enacted, That it shall be the duty of the said superintendent of Indian trade, under the direction of the President of the United States, to cause the said furs and peltry to be sold at public auction, public notice whereof shall be given three weeks previous to such sale, in different parts of the United States, making an equal distribution of the same, in proportion to the demand of the market, and as may be deemed most advantageous to the United States, and upon such terms and conditions as shall be prescribed by the Secretary of War: Provided, that there shall not be less than six annual public sales, of the said furs and peltry, and that the superintendent of Indian trade shall not hold more than two such sales in any state, during any one year.
Duration of this act.
Continued 1809, ch. 34.Sec. 13. And be it further enacted, That this act shall be in force for and during the term of three years, and no longer.
Approved, April 21, 1806.