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337. The secretary of the war department may employ for the office of the war department, one chief clerk, whose compensation shall not exceed two thousand dollars per annum ; and such other clerks as are authorized by law.(1)
338. The salary of the secretary is six thousand dollars per annum, payable quarterly.(2)
339. A commissioner of pensions shall be appointed by the president and senate, who shall receive a salary of two thousand five hundred dollars. He shall execute, under the direction of the secretary of war, such duties, in relation to the various pension laws, as may be prescribed by the presi dent.(3)*
340. The duties heretofore required of, and performed by the secretary of the treasury, under the provisions of the act approved on the fifteenth of May, one thousand eight hundred and twenty-eight, granting allowances to the officers and soldiers of the revolutionary army, and in relation to Virginia claims for revolutionary services and deficiency of commutation, are transferred to, and made the duties of the secretary of war.(4)
341. For the manner in which vacancies are supplied in the war department, see Art. 154.
342. The secretary of war shall cause to be communicated to congress, at the commencement of each session, a statement, comprising the names of the persons whose accounts shall have been settled the preceding year, agreeably to the act of first March, 1823, (art. 277,) together with the amount which shall have been passed to the credit of each, under the several heads of expenditure, and upon evidence other than such as had been prescribed by the laws and regulations existing before the passage of that act.(5)
Of the Indian Department.
By the last act the office of this commissioner is limited to two years from 4th March, 1835.
343. The president shall appoint, by and with the advice and consent of the senate, a commissioner of Indian affairs, who shall, under the direction of the secretary of war, and agreeably to such regulations as the president may, from time to time, prescribe, have the direction and management of all Indian affairs, and of all matters arising out of Indian relations, and shall receive a salary of three thousand dollars per annum.(1)
344. All accounts and vouchers for claims and disbursements connected with Indian affairs, shall be transmitted to the said commissioner for administrative examination, and by him passed to the proper accounting officer of the treasury department for settlement.(2)
345. No ardent spirits shall be hereafter introduced, under any pretence, into the Indian country.(3)
346. The secretary of war shall, under the direction of the president, cause to be discontinued, the services of such agents, sub-agents, interpreters, and mechanics, as may, from time to time, become unnecessary, in consequence of the emigration of the Indians, or other causes.(4)
347. The duties of the governors of the Territories of Florida and Arkansas, as superintendents of Indian affairs, shall hereafter cease, and the duties of the governor of the Territory of Michigan, as superintendent of Indian affairs, shall cease from and after the establishment of a new territory, embracing the country west of Lake Michigan, should such a Territory be established. And while the governor of the said Territory of Michigan continues to act as superintendent of Indian affairs, he shall receive therefor the annual sum of one thousand dollars, in full of all allowances, emoluments, or compensation for services in said capacity.(5)
348. There shall be a superintendency of Indian affairs for all the Indian country not within the bounds of any state or territory west of the Missis sippi river, the superintendent of which shall reside at St. Louis, and shall annually receive a salary of fifteen hundred dollars.(6)
349. Superintendents of Indian affairs shall, within their several superintendencies, exercise a general supervision and control over the official conduct and accounts of all officers and persons employed by the government in the Indian department, under such regulations as shall be established by the president of the United States; and may suspend such officers and persons from their office or employment, for reasons forthwith to be communicated to the secretary of war.(7)
350. The following Indian agents shall be appointed by the president of the United States, by and with the advice and consent of the senate, who shall hold their offices for the term of four years, and who shall give bond, with two or more securities, in the penal sum of two thousand dollars, for the faithful execution of the same, and shall receive the annual compensation of fifteen hundred dollars.
Two agents for the Western Territory.
An agent for the Chickasaws.
An agent for the Eastern Cherokees.
An agent for the Florida Indians.
An agent for the Indians in the State of Indiana.
An agent at Chicago.
An agent at Rock island.
(1) Act July 9, 1832, sec. 1.
(2) Ibid. sec. 3. (3) Ibid. sec. 4. (4) Ibid. sec. 5.
(5) Act of 30th June, 1834, sec. 1.
(6) Ibid. sec. 2.
(7) Ibid. sec. 3.
An agent at Prairie du Chien.
An agent for Michilimackinac and the Sault Sainte Marie.
An agent for the Saint Peter's.
An agent for the Upper Missouri.
And the following agencies shall be discontinued at the periods herein mentioned, that is to say:
The Florida agency, from and after the thirty-first day of December
The Cherokee agency, from and after the thirty-first day of December
The Indiana agency, from and after the thirty-first day of December, eighteen hundred and thirty-six.
The Chicago agency, from and after the thirty-first day of December
The Rock Island agency, from and after the thirty-first day of December, eighteen hundred and thirty-six.
And all other agencies, not provided for in this act, from and after the passing thereof: Provided, That the limitation of the said agencies shall not be construed to prevent the president of the United States from discontinuing the same at an earlier period. And the president shall be, and he is hereby authorized, whenever he may judge it expedient, to discontinue any Indian agency, or to transfer the same, from the place or tribe designated by law, to such other place or tribe as the public service may require. And every Indian agent shall reside and keep his agency within or near the territory of the tribe for which he may be agent, and at such place as the president may designate, and shall not depart from the limits of his agency without permission. And it shall be competent for the president to require any military officer of the United States to execute the duties of Indian agent.(1)
351. A competent number of sub-agents shall be appointed by the president, with an annual salary of seven hundred and fifty dollars each, to be employed and to reside wherever the president may direct, and who shall give bonds, with one or more sureties, in the penal sum of one thousand dollars, for the faithful execution of the same. But no sub-agent shall be appointed who shall reside within the limits of any agency where there is an agent appointed.(2)
352. Nothing herein contained shall be construed to require the re-appointment of persons now in office, until the expiration of their present term of service; but the commissions of all Indian agents and sub-agents, now in office, shall expire on the fourth day of March next, unless sooner terminated.(3)
353. The limits of each agency and sub-agency shall be established by the secretary of war, either by tribes or by geographical boundaries. And it shall be the general duty of Indian agents and sub-agents to manage and superintend the intercourse with the Indians within their respective agencies, agreeably to law; to obey all legal instructions given to them by the secretary of war, the commissioner of Indian affairs, or the superintendent of Indian affairs; and to carry into effect such regulations as may be prescribed by the president.(4)
354. The president of the United States may, from time to time, require additional security, and in larger amounts, from all persons charged or trusted, under the laws of the United States, with the disbursement or application
(1) Act of 30th June, 1834, sec. 4. (2) Ibid. sec. 5.
(3) Ibid. sec. 6.
(4) Ibid. sec. 7.
of money, goods, or effects of any kind, on account of the Indian department.(1)
355. 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 blacksmith 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 direc tion 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 direc tion of such persons may be given to the proper authority of the tribe.(2)
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 one time exceed sixty days.(3)
356. 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.(4)
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.(5)
357. 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 at war, upon proposals to be received, to be based on notices
(1) Act of 30th June, 1834, sec. 8.
(4) Ibid. sec. 11.
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.(1)
358. 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.(2)
359. 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.(3)
360. The president 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.(4)
361. 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.(5)
362. All acts or parts of acts, contrary to the provisions of this act, shall be, and the same are hereby, repealed. (6)*
(1) Act of June 30, 1834, sec. 13.
(2) Ibid. sec. 14.
(3) Ibid. sec. 15.
(4) Ibid. sec. 16.
(5) Ibid. sec. 17.
(6) Ibid. sec. 18.
For other duties of secretary of war, see Army, Pensions, Indian Relations.