Part 37

SEC. 9. And be it further enacted, That an interpreter shall be allowed to each agency, who shall receive an annual salary of three hundred dollars: Provided, That where there are different tribes in the same agency speaking different languages, one interpreter may be allowed, at the discretion of the Secretary of War, for each of the said tribes. Interpreters shall be nominated, by the proper agents, to the War Department for approval, and may be suspended, by the agent, from pay and duty, and the circumstances reported to the War Department for final action; and blacksmiths shall in like manner be employed wherever required by treaty stipulations; and such blacksmiths shall receive an annual compensation of four hundred and eighty dollars; and if they furnish their shop and tools, an additional sum of one hundred and twenty dollars; and their assistants shall be allowed an annual compensation of two hundred and forty dollars. And wherever farmers, mechanics, or teachers are required by treaty stipulations to be provided, they shall be employed under the direction of the War Department, and shall receive an annual compensation of not less than four hundred and eighty dollars, nor more than six hundred dollars. And in all cases of the appointments of interpreters or other persons employed for the benefit of the Indians, a preference shall be given to persons of Indian descent, if such can be found, who are properly qualified for the execution of the duties. And where any of the tribes are, in the opinion of the Secretary of War, competent to direct the employment of their blacksmiths, mechanics, teachers, farmers, or other persons engaged for them, the direction of such persons may be given to the proper authority of the tribe.

SEC. 10. And be it further enacted, That the compensation prescribed by this act shall be in full of all emoluments or allowances whatsoever: Provided, however, That, where necessary, a reasonable allowance or provision may be made for offices and office contingencies: And provided also, That where persons are required, in the performance of the duties under this act, to travel from one place to another, their actual expenses, or a reasonable sum in lieu thereof, may be allowed them: And provided also, That no allowance shall be made to any person for travel or expenses in coming to the seat of Government to settle his accounts, unless thereto required by the Secretary of War: And provided also, That no person shall hold more than one office at the same time under this act, nor shall any agent, sub-agent, interpreter, or person employed under this act, receive his salary while absent from his agency or employment without leave of the Superintendent or Secretary of War: Provided, such absence shall at no time exceed sixty days.

SEC. 11. And be it further enacted, That the payment of all annuities or other sums stipulated by treaty to be made to any Indian tribe, shall be made to the chiefs of such tribe, or to such person as said tribe shall appoint; or if any tribe shall appropriate their annuities to the purpose of education, or to any other specific use, then to such person or persons as such tribe shall designate.

SEC. 12. And be it further enacted, That it shall be lawful for the President of the United States, at the request of any Indian tribe to which any annuity shall be payable in money, to cause the same to be paid in goods, purchased as provided in the next section of this act.

SEC. 13. And be it further enacted, That all merchandise required by any Indian treaty for the Indians, payable after making of such treaty, shall be purchased under the direction of the Secretary of War, upon proposals to be received, to be based on notices previously to be given; and all merchandise required at the making of any Indian treaty shall be purchased under the order of the commissioners, by such person as they shall appoint, or by such person as shall be designated by the President for that purpose. And all other purchases on account of the Indians, and all payments to them of money or goods, shall be made by such person as the President shall designate for that purpose. And the superintendent, agent, or sub-agent, together with such military officer as the President may direct, shall be present, and certify to the delivery of all goods and money required to be paid or delivered to the Indians. And the duties required, by any section of this act, of military officers, shall be performed without any other compensation than their actual travelling expenses; and all persons whatsoever, charged or trusted with the disbursement or application of money, goods, or effects of any kind, for the benefit of the Indians, shall settle their accounts annually at the War Department on the first day of October; and copies of the same shall be laid, annually, before Congress at the commencement of the ensuing session, by the proper accounting officers; together with a list of the names of all persons to whom money, goods, or effects had been delivered within said year for the benefit of the Indians, specifying the amount and object for which it was intended, and showing who are delinquents, if any, in forwarding their accounts according to the provisions of this act; and, also, a list of the names of all persons appointed or employed under this act, with the dates of their appointment or employment, and the salary and pay of each.

SEC. 14. And be it further enacted, That no person employed in the Indian Department shall have any interest or concern in any trade with the Indians, except for and on account of the United States; and any person offending herein shall forfeit the sum of five thousand dollars; and upon satisfactory information of such offence being laid before the President of the United States, it shall become his duty to remove such person from the office or situation he may hold.

SEC. 15. And be it further enacted, That the President shall be, and he is hereby, authorized to cause any of the friendly Indians west of the Mississippi river, and north of the boundary of the Western Territory, and the region upon Lake Superior and the head of the Mississippi, to be furnished with useful domestic animals and implements of husbandry, and with goods, as he shall think proper: Provided, That the whole amount of such presents shall not exceed the sum of five thousand dollars.

SEC. 16. And be it further enacted, That the President be, and he is hereby, authorized to cause such rations as he shall judge proper, and as can be spared from the army provisions without injury to the service, to be issued, under such regulations as he shall think fit to establish, to Indians who may visit the military posts or agencies of the United States on the frontiers, or in their respective nations; and a special account of these issues shall be kept and rendered.

SEC. 17. And be it further enacted, That the President of the United States shall be, and he is hereby, authorized to prescribe such rules and regulations as he may think fit for carrying into effect the various provisions of this act, and of any other act relating to Indian affairs, and for the settlement of the accounts of the Indian Department.

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.

* * * * *

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.