thence, still eastwardly on the said ridge, to a point forty miles above Nashville; thence north-east to Cumberland river; thence up the said river to where the Kentucky road crosses the same; thence to the Cumberland mountain, at the point of Campbell's line; thence in a southwestwardly direction along the foot of the Cumberland mountain to Emory's river; thence down the same to its junction with the river Clinch; thence down the river Clinch to Hawkins's line; thence along the same to a white oak, marked one mile tree; thence south fifty-one degrees west, three hundred and twenty-eight chains, to a large ash tree on the bank of the river Tennessee, one mile below south-west point; thence up the north east margin of the river Tennessee (not including islands) to the Wild Cat Rock, below Tellico block house; thence in a direct line to the Militia spring, near the Maryville road leading from Tellico ; thence from the said spring to the Chilhowee mountain by a line so to be run as will leave all the farms on Ninemile creek to the northward and eastward of it, and to be continued along the Chilhowee mountain until it strikes Hawkins's line; thence along the said line to the great Iron mountains; and from the top of which a line to be continued in a south-eastwardly course to where the most southern branch of Little river crosses the divisional line to Tugaloo river; thence along the South-Carolina Indian boundary to and over the Ocunna mountain, in a south-west course to Tugaloo river ; thence in a direct line to the top of Currahee mountain, where the Creek line passes it; thence to the head or source of the main south branch of the Oconee river, called the Appalachee; thence down the middle of the said main south branch and river Oconee, to its confluence with Oakmulgee, which forms the river Altamaha ; thence down the middle of the said Altamaha, to the old line on the said river; and thence along the said old line to the river St. Mary's: Provided always, That if the boundary line between the said Indian tribes and the united states shall, at any time hereafter, be varied, by any treaty which shall be made between the said Indian tribes and the united states, then all the provisions contained in this act shall be construed to apply to the said line so to be varied, in the same manner, as said provisions apply, by force of this act, to the boundary line herein before recited.

12. SECT. II. If any citizen of, or other person resident in, the united states, or either of the territorial districts of the united states, shall cross over, or go within the said boundary line, to hunt, or in any wise destroy the game; or shall drive, or otherwise convey any stock of horses or cattle to range on any lands allotted or secured by treaty with the united states, to any Indian tribes, he shall forfeit a sum not exceeding one hundred dollars, or be imprisoned not exceeding six months.

13. SECT. III. If any such citizen or other person, shall go into any country which is allotted, or secured by treaty as aforesaid, to any of the Indian tribes south of the river Ohio, without a passport first had and obtained from the governor of some one of the united states, or the officer of the troops of the united states, commanding at the nearest post on the frontiers, or such other person as the president of the united states may, from time to time, authorize to grant the same, shall forfeit a sum not exceeding fifty dollars, or be imprisoned not exceed ing three months.

14. SECT. IV. If any such citizen, or other person, shall go into any town, settlement or territory, belonging, or secured by treaty with the united states, to any nation or tribe of Indians, and shall there commit robbery, larceny, trespass or any other crime, against the person or property of any friendly Indian or Indians, which would be punishable, if committed within the jurisdiction of any state, against a citizen of the united states; or, unauthorized by law, and with a hostile intention, shall be found on any Indian land, such offender shall forfeit a sum not exceeding one hundred dollars, and be imprisoned not exceeding twelve months; and shall also, when property is taken or destroyed, forfeit and pay to such Indian or Indians, to whom the property taken and destroyed belongs, a sum equal to twice the just value of the property so taken or destroyed: And if such offender shall be unable to pay a sum at least equal to the said just value, whatever such payment shall fall short of the said just value, shall be paid out of the treasury of the united states: Provided nevertheless, That no such Indian shall be entitled to any payment out of the treasury of the united states, for any such property taken or destroyed, if he, or any of the nation to which he belongs shall have sought private revenge, or attempted to obtain satisfaction by any force or violence.

15. SECT. V. If any such citizen, or other person, shall make a settlement on any lands belonging, or secured, or granted by treaty with the united states, to any Indian tribe, or shall survey, or attempt to survey, such lands, or designate any of the boundaries, by marking trees, or otherwise, such offender shall forfeit a sum not exceeding one thousand dollars, and suffer imprisonment, not exceeding twelve months. And it shall, moreover, be lawful for the president of the united states to take such measures, and to employ such military force, as he may judge necessary, to remove from lands, belonging or secured by treaty, as aforesaid, to any Indian tribe, any such citizen, or other person, who has made, or shall hereafter make, or attempt to make a settlement thereon.

16. SECT. VI. If any such citizen, or other person, shall go into any town, settlement or territory belonging to any nation or tribe of Indians, and shall there commit murder, by killing any Indian or Indians, belonging to any nation or tribe of Indians, in amity with the united states, such offender, on being thereof convicted, shall suffer death.

17. SECT. VII. No such citizen, or other person, shall be permitted to reside at any of the towns, or hunting camps, of any of the Indian tribes as a trader, without a license under the hand and seal of the superintendent of the department, or of such other person as the president of the united states shall authorize to grant licenses for that purpose: Which superintendent, or person authorized, shall, on application, issue such license, for a term not exceeding two years, to such trader, who shall enter into bond with one or more sureties, approved of by the superintendent, or person issuing such license, or by the president of the united states, in the penal sum of one thousand dollars, conditioned for the true and faithful observance of such regulations and restrictions, as are, or shall be made for the government of trade and

intercourse with the Indian tribes: And the superintendent, or person issuing such license, shall have full power and authority to recall the same, if the person so licensed shall transgress any of the regulations, or restrictions, provided for the government of trade and intercourse with the Indian tribes; and shall put in suit such bonds as he may have taken, on the breach of any condition therein contained.

18. SECT. VIII. Any such citizen or other person, who shall attempt to reside in any town or hunting camp, of any of the Indian tribes, as atrader, without such license, shall forfeit all the merchandise offered for sale to the Indians, or found in his possession, and shall, moreover, be liable to a fine not exceeding one hundred dollars, and to imprisonment not exceeding thirty days.

19. SECT. IX. If any such citizen, or other person, shall purchase, or receive of any Indian, in the way of trade or barter, a gun, or other article commonly used in hunting, any instrument of husbandry, or cooking utensil, of the kind usually obtained by the Indians, in their intercourse with white people, or any article of clothing, excepting skins or fars, he shall forfeit a sum not exceeding fifty dollars, and be imprisoned not exceeding thirty days.

20. SECT. X. No such citizen, or other person, shall be permitted to purchase any horse of an Indian, or of any white man in the Indian territory, without special license for that purpose; which license, the superintendent, or such other person as the president shall appoint, is hereby authorized to grant, on the same terms, conditions and restrictions, as other licenses are to be granted under this act: And any such person, who shall purchase a horse or horses, under such license, before he exposes such horse or horses for sale, and within fifteen days after they have been brought out of the Indian country, shall make a particular return to the superintendent, or other person, from whom he obtained his license, of every horse purchased by him, as aforesaid; describing such horses, by their color, height, and other natural or artificial marks, under the penalty contained in their respective bonds. And every such person, purchasing a horse or horses, as aforesaid, in the Indian country, without a special license, shall for every horse thus purchased and brought into any settlement of citizens of the united states, forfeit a sum not exceeding one hundred dollars, and be imprisoned not exceeding thirty days. And every person who shall purchase a horse, knowing him to be brought out of the Indian territory, by any person or persons, not licensed, as above, to purchase the same, shall forfeit the value of such horse.

21. SECT. XI. No agent, superintendent, or other person authorized to grant a license to trade, or purchase horses, shall have any interest or concern in any trade with the Indians, or in the purchase or sale of any horse to, or from any Indian, excepting for and on account of the united states: And any person offending herein, shall forfeit a sum not exceeding one thousand dollars, and be imprisoned not exceeding twelve months. [See antea 3.]

22. SECT. XII. No purchase, grant, lease or other conveyance of lands, or of any title or claim thereto, from any Indian, or nation, or

tribe of Indians, within the bounds of the united states, shall be of any validity, in law or equity, unless the same be made by treaty or convention, entered into pursuant to the constitution: And it shall be a misdemeanor in any person, not employed under the authority of the united states, to negotiate such treaty or convention, directly or indirectly, to treat with any such Indian nation, or tribe of Indians, for the title or purchase of any lands by them held or claimed, punishable by fine not exceeding one thousand dollars, and imprisonment not exceeding twelve months: Provided nevertheless, That it shall be lawful for the agent or agents of any state, who may be present at any treaty held with Indians under the authority of the united states, in the presence, and with the approbation of the commissioner or commissioners of the united states, appointed to hold the same, to propose to, and adjust with the Indians, the compensation to be made, for their claims to lands within such state, which shall be extinguished by the treaty.

23. SECT. XIII. In order to promote civilization among the friendly Indian tribes, and to secure the continuance of their friendship, it shall be lawful for the president of the united states, to cause them to be furnished with useful domestic animals, and implements of husbandry, and with goods or money, as he shall judge proper, and to appoint such persons, from time to time, as temporary agents, to reside among the Indians, as he shall think fit: Provided, That the whole amount of such presents, and allowance to such agents, shall not exceed fifteen thou sand dollars per annum.

24. SECT. XIV. Ifany Indian or Indians, belonging to any tribe in amity with the united states, shall come over or cross the said boundary line, into any state or territory inhabited by citizens of the united states, and there take, steal or destroy any horse, horses, or other property, belonging to any citizen or inhabitant of the united states, or of either of the territorial districts of the united states, or shall commit any murder, violence or outrage, upon any such citizen or inhabitant, it shall be the duty of such citizen or inhabitant, his representative, attorney or agent, to make application to the superintendent, or such other person as the president of the united states, shall authorize for that purpose; who upon being furnished with the necessary documents and proois, shall, under the direction or instruction of the president of the united states, make application to the nation or tribe, to which such Indian or Indians shall belong, for satisfaction; and if such nation or tribe shall neglect or refuse to make satisfaction, in a reasonable time, not exceeding twelve months, then it shall be the duty of such superintendent or other person authorized as aforesaid, to make return of his doings to the president of the united states, and forward to him all the documents and proois in the case, that such further steps may be taken, as shall be proper to obtain satisfaction for the injury: And in the mean time, in respect to the property so taken, stolen or destroyed, the united states guarantee to the party injured, an eventual indemnification: Provided always, That if such injured party, his representative, attorney or agent, shall, in any way, violate any of the provisions of this act, by seeking or attempting to obtain private satisfaction or revenge, by crossing over the line, on any of the Indian lands, he shall

forfeit all claim upon the united states, for such indemnification: And provided also, That nothing herein contained shall prevent the legal apprehension or arresting, within the limits of any state or district, of any Indian having so offended: And provided further, That it shall be lawful for the president of the united states, to deduct such sum or sums, as shall be paid for the property taken, stolen or destroyed by any such Indian, out of the annual stipend, which the united states are bound to pay to the tribe, to which such Indian shall belong.

25. SECT. XV. The superior courts in each of the said territorial districts, and the circuit courts, and other courts of the united states of similar jurisdiction in criminal causes, in each district of the united states, in which any offender against this act shall be apprehended, or, agreeably to the provisions of this act, shall be brought for trial, shall have, and are hereby invested with full power and authority to hear and determine all crimes, offences and misdemeanors, against this act ; such courts proceeding therein in the same manner, as if such crimes, offences and misdemeanors had been committed within the bounds of their respective districts: And in all cases where the punishment shall not be death, the county courts of quarter sessions in the said territorial districts, and the district courts of the united states, in their respective districts, shall have, and are hereby invested with like power to hear and determine the same, any law to the contrary notwithstanding: And in all cases, where the punishment shall be death, it shall be lawful for the governor of either of the territorial districts where the offender shall be apprehended, or into which he shall be brought for trial, to issue a commission of oyer and terminer to the superior judges of such district, who shall have full power and authority to hear and determine all such capital cases, in the same manner as the superior courts of such district have in their ordinary sessions; and when the offender shall be apprehended, or brought for trial into any of the united states, except Kentucky or Tennessee, it shall be lawful for the president of the united states, to issue a like commission to any one or more judges of the supreme court of the united states, and the judge of the district, in which such offender may have been apprehended or shall have been brought for trial; which judges, or any two of them, shall have the same jurisdiction in such capital cases, as the circuit court of such district, and shall proceed to trial and judgment, in the same manner as such circuit court might or could do. And the district courts of Kentucky, Tennessee and Maine shall have jurisdiction of all crimes, offences and misdemeanors committed against this act, and shall proceed to trial and judgment in the same manner, as the cir cuit courts of the united states. .

26. SECT. XVI. It shall be lawful for the military force of the united states to apprehend every person who shall, or may be found in the Indian country over and beyond the said boundary line between the united states and the said Indian tribes, in violation of any of the provisions or regulations of this act, and him or them immediately to convey, in the nearest, convenient and safe route, to the civil authority of the united states, in some one of the three next adjoining states or diswricts, to be proceeded against in due course of law: Provided, That no