Impressions of America During the Years 1833, 1834 and 1835. Volume 2 (of 2)Power, Tyrone
History
Impressions of America During the Years 1833, 1834 and 1835. Volume 2 (of 2)
Power, Tyrone
Canada -- Description and travel; United States -- Description and travel
SEC. 21. _And be it further enacted_, That if any person whatever shall,
within the limits of the Indian country, set up or continue any
distillery for manufacturing ardent spirits, he shall forfeit and pay a
penalty of one thousand dollars: and it shall be the duty of the
superintendent of Indian affairs, Indian agent, or sub-agent, within the
limits of whose agency the same shall be set up or continued, forthwith
to destroy and break up the same; and it shall be lawful to employ the
military force of the United States in executing that duty.
SEC. 22. _And be it further enacted_, That in all trials about the right
of property in which an Indian may be a party on one side, and a white
person on the other, the burden of proof shall rest upon the white
person, whenever the Indian shall make out a presumption of title in
himself from the fact of previous possession or ownership.
SEC. 23. _And be it further enacted_, That it shall be lawful for the
military force of the United States to be employed in such manner and
under such regulations as the President may direct, in the apprehension
of every person who shall or may be found in the Indian country in
violation of any of the provisions of this act, and him immediately to
convey from said Indian country, in the nearest convenient and safe
route, to the civil authority of the territory or judicial district in
which said person shall be found, to be proceeded against in due course
of law; and also, in the examination and seizure of stores, packages,
and boats, authorized by the twentieth section of this act, and in
preventing the introduction of persons and property into the Indian
country contrary to law; which persons and property shall be proceeded
against according to law: _Provided_, That no person apprehended by
military force as aforesaid shall be detained longer than five days
after the arrest and before removal. And all officers and soldiers who
may have any such person or persons in custody shall treat them with all
the humanity which the circumstances will possibly permit; and every
officer or soldier who shall be guilty of maltreating any such person
while in custody, shall suffer such punishment as a court martial shall
direct.
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