An ACT

[Note: Numerals appearing as; "1" are inserted text as it appeared on the images.]

For establishing Trading Houses with the INDIAN TRIBES.

• 1 Sec. 1. BE it enacted by the Senate and House of Representatives of the 2..........United States of America, in Congress assembled, That it shall be 3 lawful for the President of the United States, to establish trading houses, at 4 such posts and places, on the western and southern frontiers, or in the Indian 5 country, as he shall judge most convenient for the purpose of carrying 6 on a liberal trade with the several Indian nations, within the limits 7 of the United States.
• 1 Sec. 2. And be it further enacted, That the President be authorized to appoint 2 an agent for each trading house established, whose duty it shall be, to 3 receive, and dispose of in trade, with the Indian nations aforementioned, 4 such goods as he shall be directed, by the President of the United States, 5 to receive and dispose of, as aforesaid, according to the rules and orders 6 which the President shall prescribe; and every such agent shall take an oath 7 or affirmation, faithfully to execute the trust committed to him; and that 8 he will not, directly or indirectly, be concerned or interested in any trade, 9 commerce or barter, with any Indian or Indians whatever, but on the public 10 account, and shall also give bond, with sufficient security, in such sum 11 as the President of the United States shall direct, truly and honestly to 12 account for all the money, goods and other property whatever, which shall 13 come into his hands, or for which, in good faith, he ought so to account, 14 and to perform all the duties required of him by this act: And his accounts 15 shall be made up half-yearly, and transmitted to the Secretary of 16 the Treasury of the United States.
• 1 Sec. 3. And be it further enacted, That the agents, their clerks or other 2 persons employed by them, shall not be directly or indirectly, concerned

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  3 or interested in carrying on the business of trade or commerce, on their own, 4 or any other than the public account, or take, or apply to his or their own 5 use, any emolument or gain, for negotiating or transacting any business or 6 trade, during their agency or employment, other than is provided by 7 this act. And if any such person shall offend against any of the prohibitions 8 of this act, he or they shall be deemed guilty of a misdemeanor, 9 and shall forfeit to the United States, a sum not exceeding one thousand 10 dollars; and shall, upon conviction thereof, be removed from such agency 11 or employment, and forever thereafter be incapable of holding any office 12 under the United States: Provided, That if any other person than a public 13 prosecutor, shall give information of any such offence, upon which a prosecution 14 and conviction shall be bad, one half the aforesaid penalty, when received, shall 15 be for the use of the person giving such information.

• 1 Sec. 4. And be it further enacted, That the prices of the goods supplied to, 2 and to be paid for by the Indians, shall be regulated in such manner, that the capital 3 stock furnished by the United States may not be diminished.
• 1 Sec. 5. And be it further enacted, That six thousand dollars be appropriated, 2 under the direction of the President of the United States, for the purpose of 3 paying the agents and clerks; which agents shall be allowed to draw out of the 4 public supplies, two rations each; and each clerk, one ration per day.
• 1 Sec. 6. And be it further enacted, That one hundred and fifty thousand 2 dollars be, and they are hereby appropriated for the purpose of carrying 3 on trade and intercourse with the Indian nations, in the manner aforementioned, 4 to be paid out of any monies unappropriated in the treasury of the 5 United States.
• 1 Sec. 7. And be it further enacted, That if any agent or agents, their clerks, 2 or other persons employed by them, shall purchase, or receive of any Indian, in 3 the way of trade or barter, a gun or other article commonly used in hunting, any 4 instrument of husbandry, or cooking utensil, of the kind usually obtained by Indians, 5 in their intercourse with white people; any article of clothing (excepting

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  6 skins or furs) he, or they shall, respectively, forfeit a sum not exceeding one hundred 7 dollars, for each offence; to be recovered by action of debt, in the name, 8 and to the use of the United States, in any court of law of the United States, 9 on of any particular state, having jurisdiction in like cases, or in the supreme or 10 superior courts of the territories of the United States: Provided, That no suit 11 shall be commenced, except in the state or territory within which the cause of 12 action shall have arisen, or the defendant may reside.--And it shall be the duty 13 of the superintendants of Indian affairs, and their deputies, respectively, to whom 14 information of every such offence shall be given, to collect the requisite evidence, 15 if attainable, and to prosecute the offender, without delay.

• 1 Sec. 8. And be it further enacted, That this act shall be in force for the 2 term of two years, and no longer.

1796, February the 1st,
Read the third time, and passed the House of Representatives,

JOHN BECKLEY, Clerk.

CONGRESS OF THE UNITED STATES.

In SENATE, February the 11th, 1796.

THE bill sent from the House of Representatives for concurrence, entitled, "An act for establishing trading houses with the Indian tribes, " was read the third time: Whereupon,

Resolved, That this bill pass, with the following amendments.

• • SECTION 3d,
  • Lines 6th and 7th.--Strike out these words, "is provided by this act," and insert "shall be authorized by the President of the United States."
  • 8th.--Strike out these words, "of this act," and insert "aforesaid.
  • 9th.-- After the word "shall," insert "upon conviction thereof."
  • -- --Strike out these words, --a sum not exceeding."
  • 10th.--Strike out these words, "upon conviction thereof."
  • 12th.--Strike out the whole of the proviso.
• • SECTIONS 4th and 5th.
  • Strike out the two sections, and in lieu thereof, insert a new section, as followeth:
    • 1 Sec. 4. And be it further enacted, That offenders against this act, may be 2 prosecuted in the circuit or district courts of the United States, or in the 3 supreme or superior courts of the territories of the United States, or in any

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      4 state court having jurisdiction over like offences; although the misdemeanor 5 shall not have been committed within the bounds of their district or 6 ordinary jurisdiction. And all forfeitures accruing under this act, shall be, 7 one half to the use of the informant, and the other half to the use of the 8 United States; except where the prosecution shall be first instituted by a 9 public prosecutor, on behalf of the United States, in which case the whole 10 shall be to their use. And it shall be the duty of the superintendants of 11 Indian affairs, and their deputies, respectively, to whom information of 12 every such offence shall be given, to collect the requisite evidence, if attainable, 13 and to prosecute the offender, without delay.

• • SECTION 7th,
  • Strike out the whole of the section.
• • SECTION 8th,
  • Line 2d.--After the word "years," insert "and to the end of the next session of Congress thereafter."

Conform the sections to the amendments.

Attest.

Samuel A. otis, Secretary.

REPORT

Of the committee, to whom were committed the amendments proposed by the Senate, to the bill, instituted, "An act for establishing trading houses with the Indian tribes."

The Committee, to whom was referred the bill for establishing trading houses with the Indian tribes, with amendments from the Senate,

REPORT--

AS their opinion, that the amendments to the bill, proposed by the Senate, ought not to be agreed to by the House of Representatives, except that in the 2d line of the 8th section, viz.--after the word "years," insert "and to the end of the next session of Congress thereafter."

19th February 1796,

The foregoing report was read, and ordered to lie on the table.

26th February 1796,

Farther consideration postponed until Wednesday next.

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