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Register and a Receiver; two officers, whose duty it is, as their name imports, to register the sale of lands and receive the
money's. The sales are made-1st, by offering a large district of land in separate tracts, of sections, half sections, quarters, and eighths,'at public sale. Notice of this, as to time, place, and terms, is given by a general proclamation from the President. It is then sold to the highest bidder. All the land which remains unsold, after being twice offered, may be entered and sold at private sale, for the minimum price. Formerly, the price was two dollars per acre, and a credit of four years given. This was found, however, to be productive of great inconvenience, and the lands, after one payment, were often forfeited. Now the price has been reduced to one and a quarter dollars per acre, and cash payments. There are now forty-three land offices in the United States, and about 2,000,000 of acres sold annually, and more than that number of dollars received into the Treasury on account of lands sold.
$ 606. Title of Occupants. The title of the purchasers of public lands is the best that can be found. They come in as assignees of the United States, and receive a patent from the President.
From the accuracy with which surveys are made, and the unsettled state of the country in which they are made, very little chance of a conflicting claim occurs; but if, by any inadvertence, such claim should arise and prevail, the
purchaser is entitled to remuneration from the United States, and is allowed it to the extent of his claim.
$ 607. Some other and temporary departments of business come under the general supervision of the Treasury chief,—such as the settlement of insolvent cases, under the insolvent laws of the United States, and awards under indemnifying treaties with foreign nations.They do not constitute, however, any part of the regular business of the department, and therefore are omitted here.
· They have recently been subdivided into forty acre tracts.
WAR DEPARTMENT. $ 608. This department was established by act of Congress, August, 1789.
The Secretary of War has a general superintendence over all military officers, and likewise of the Indian Department. His department is divided into the following subdivisions, viz:
1. War Office. 2. Requisition Bureau. 3. Pension Bureau. 4. Indian Bureau. 5. Bounty Land Office. 6. Office of the General Staff. 7. Adjutant-general's Office. 8. Engineers' Department. 9. Topographical Bureau. 10. Ordnance Department. 11. Quartermaster's Department. 12. Purchasing Department. 13. Pay Department. 14. Subsistence Department. 15. Medical Department.
§ 609. 1. War Office. This is the office immediately directed by the secretary, in which the correspondence of the department is kept and conducted, and every thing of a general superintending nature performed. The secretary has three clerks and two messengers.
$ 610. 2. The Requisition Bureau. In this office the requisitions of the War Department on the Treasury are made out, and the salaries and contingencies of the department paid. It is conducted by a superintendent and clerk.
§ 611. 3. The Pension Bureau. In this office all claims for pensions are settled, except such as arise under the Navy Pension Law of 1799,—that giving pensions to widows of militia and volunteers, and the act of May 15th, 1828, in relation to officers who served to the end of the revolutionary war. The number of pensioners is about 15,000, and the amount paid them annually about $1,200,000. The number, however, is continually decreasing, and in a few years, probably, a much smaller amount will be paid in pensions. In this office is a principal and four clerks.
1 Force's National Calendar.
§ 612. 4. Indian Bureau. To this office are referred all matters in respect to the Indian relations. The duties of this office are the correspondence in relation to Indian Affairs,—the management of the funds for the civilization of the Indians,-estimates for treaties, instructions for the application of the money, and the mode of holding treaties. Accounts for the expenditures are passed through this office.
§ 613. The relations of the government with the Indian nations have become both complicated and hazard
From the first formation of the government, it has treated with them as with independent nations; their right to the soil has been acknowledged, and payment made to them as purchase money, annuities granted, and various collateral advantages stipulated in their favor. At the same time that this was done, many tribes of them have been located entirely within the states, and over whose soil the jurisdiction of the states has extended. Hence, the hazard of a conflict between the independent rights of the Indians and the jurisdiction of the states is constantly recurring. Of the constitutional points upon this subject, we have spoken in another place.
§ 614. The practical action of the government with respect to the Indians, may be stated under two heads :
1. Regulation of trade and intercourse with them. 2. Civilization of them.
$ 615. Of the regulation of trade and intercourse with them. The first act of intercourse with them is the holding treaties with them, and settling boundary lines. The United States have always held treaties with them, and acknowledged them as, in many respects, independent nations, and have settled the respective boundaries of the United States and them. It is therefore too late to question this point of intercourse. By section 2d, of the act of March, 1802, all
go within the Indian boundary, to hunt, or other
wise destroy game, or shall drive or convey any stock of cattle to range on any lands secured by treaty to the Indian tribes, are subject to fine and imprisonment. So, likewise, if any one go into the Indian country, and there commit robbery, or other crime, which would be punishable within the United States, he is punishable also with fine and imprisonment: and so, if one commit murder on an Indian, the offender shall suffer death. No one is permitted to reside in the Indian country, or purchase any thing of the Indians without a license. § 616. No
person is allowed to purchase, lease, or take
any other conveyance from an Indian, of any land within the bounds of the United States, except it be included by some treaty made by the United States with the Indians: and it is a misdemeanor for any one not employed under the authority of the United States, directly or indirectly to treat with any nation or tribe of Indians, for the title or purchase of any land held by them.
$ 617. The Superior courts in each of said territorial limits, and the Circuit and other courts of the United States, of similar jurisdiction in criminal causes, are invested with full power and authority to hear and adjudicate all such crimes and offences.
§ 618. By the same act, it is lawful for the military force of the United States to apprehend any person who may be found in the Indian country, over and beyond the boundary line; that is, intruders.
$ 619. 'For the purpose of carrying on a proper trade with the Indians, the superintendents of Indian affairs, and the agents under the direction of the President, are authorized to grant licenses to trade with the Indians. These licenses are granted to citizens, and to none others. Those who take licenses are obliged to enter into penal bonds, in sums proportioned to their capital, conditioned for the due observance of the laws regulating trade and intercourse among the Indians,
1 Act of May 6, 1822.
§ 620. All purchases for and on account of Indians, for annuities, presents, &c. &c., are made by Indian agents and governors of territories, acting as superintendents. In all trials in which an Indian and a white man are parties, the burden of proof shall rest upon the white man,
every case in which an Indian shall make out a presumption of title. For the purpose of superintending the Indian intercourse, an officer is appointed by the President, called a Superintendent of Indian Affairs.
§ 621. *Licenses to trade with the Indians are not granted to any but citizens. Foreigners, who go into any of the Indian territories within the limits of the United States, are subject to fine and imprisonment.
§ 622. 2. Civilization of the Indians. For this object, the United States have from time to time used various means. To promote civilization among the friendly Indians, and to secure the continuance of their friendship, it was enacted, that the President of the United States might furnish them with domestic animals, implements of husbandry, goods, and money, at his discretion; and might also appoint such persons, from time to time, to reside among them as he may think fit.
§ 623. The President? was also authorized to take such measures as he may think expedient, to prevent the vending or distributing spirituous liquors among the Indians.
§ 624. In addition to these enactments, Congress, by the act of March 3d, 1819, authorized the President to employ persons of good moral character to instruct them in the mode of agriculture suitable to their condition, and for teaching them reading, writing, and arithmetic, to be governed by such rules and regulations as the President may prescribe.
$625. The United States have expended much money and employed many agents upon the objects contemplated by these provisions, but little progress has I Act of 1816.
8 Act of March, 1802, Sect. 21.