may have been apprehended or shall have been brought for trial; which judges, or any two of them, fhall have the fame jurif diction in fuch capital cafes, as the circuit court of fuch diftri&t, and fhall proceed to trial and judgment, in the fame manner as fuch circuit court might or could do. And the district courts of Kentucky, Tenneffee and Maine fhall have jurifdiction of all crimes, offences and mifdemeanors committed against this act, and fhall proceed to trial and judgment in the fame manner, as the circuit courts of the United States.

Perlons crot the line the inaian

and going into

country сол

trary to this act, how to be

dealt with:

Sec. 16. And be it further enacted, That it fhall be lawful for the military force of the United States to apprehend every perfon who fhall, or may be found in the Indian country over and beyond the faid boundary line between the United States and the faid Indian tribes, in violation of any of the provisions or regulations of this act, and him or them immediately to convey, in the neareft, convenient and fafe route, to the civil authority of the United States, in fome one of the three next adjoining ftates or districts, to be. proceeded againft in due courfe of law: Provided, That no perfon, apprehended by military force as aforefaid, fhall be detained Military not to longer then five days after the arreft, and ufe violence. before removal. And all officers and foldiers who may have any fuch perfon or perfons in cuftody, fhall treat them with all the humanity which the circumftances. will poffibly permit; and every officer and foldier who fhall be guilty of mal-treating any fuch perfon, while in cuftody, fhall fuffer fuch punishment as a court martial fhall direct: Provided, That the officer

30

AM

ន

HOUSE

( 50 )

having cuftody of fuch perfon or perfons
if required by fuch perfon or persons,

him or
them to the nearest judge of

The fupreme or fuperior court of any state,
who, if the offence is bailable, fhall take
proper bail if offered, returnable to the
district court next to be holden in faid dif-
trict, which bail the faid judge is hereby au-
thorized to take, and which shall be liable to
be eftreated as any other recognizance for
bail in any court of the United States; and
if faid judge fhall refuse to act, or the perfon
or perfons fail to procure fatisfactory bail,
then the faid perfon or perfons are to be
proceeded with according to the directions
of this act.

Violators of

this law, if
the U.S. how

found within

punishable.

Sec. 17. And be it further enacted, That if any perfon, who fhall be charged with a violation of any of the provifions or regulations of this act, fhall be found within any of the United States, or either of the territorial diftricts of the United States, fuch offender may be there apprehended and brought to trial, in the fame manner, as if fuch crime or offence had been committed within fuch state or diftrict; and it shall be the duty of the military force of the United States, when called upon by the civil magiftrate, or any proper officer, or other perfon duly authorized for that purpose and having a lawful warrant, to aid and affist fuch magiftrate, officer, or other perfon authorized, as aforefaid, in arrefting fuch offender, and him committing to fafe cuftody, for trial according to law.

Sec. 18. And be it further enacted, That the amount of fines, and duration of imprifonment, directed by this act as a punishment

for the violation of any of the provifions thereof, fhall be afcertained and fixed, not How penalties exceeding the limits prefcribed, in the are to be fixed; difcretion of the court, before whom the

benefit.

trial fhall be had; and that all fines and for- To whofe feitures, which fhall accrue under this act, thall be one half to the ufe of the informant, and the other half to the ufe of the United States; except where the profecution fhall be firft inftituted on behalf of the United States; in which cafe the whole fhall be to their use.

Indians under

forbidden by

Sec. 19. And be it further enacted, That Trade and innothing in this act fhall be conftrued to tercourfe with prevent any trade or intercourse with In- circumftances dians living on lands furrounded by fettle- defcribed not ments of the citizens of the United States, this act. and being within the ordinary jurifdiction of any of the individual ftates; or the unmolefted ufe of a road from Washington district to Mero district, or to prevent the citizens of Tenneffee from keeping in repair the faid road, under the direction or orders of the governor of faid ftate, and of the navigation of the Tenneffee river, as referved and fecured by treaty; nor fhall this act be con strued to prevent any perfon or perfons travelling from Knoxville to Price's fettlement, or to the fettlement on Obed's river, (fo called,) provided they shall travel in the trace or path which is ufually travelled, and provided the Indians make no objection; but if the Indians object, the Prefident of the United States is hereby authorized to iffue a proclamation, prohibiting all travelling on faid traces, or either of them, as the case may be, after which, the penalties of this act fhall be incurred by every perfon travelling or being

caufe bound

found on faid traces, or either of them, to which the prohibition may apply, within the Indian boundary, without a paffport.

Sec. 20. And be it further enacted, That Prefident to the Prefident of the United States be, and aries to be at- he is hereby authorized to caufe to be clearly certained and afcertained and diftinctly marked, in all fuch

marked.

meafures to prevent the

tuous liquors

places as he fhall deem neceffary, and in fuch manner as he fhall direct, any other boundary lines between the United States and any Indian tribe, which now are, or hereafter may be established by treaty.

Sec. 21. And be it further enacted, That He may take the Prefident of the United States be authorized to take fuch measures, from time to fale of fpiri- time, as to him may appear expedient to to the ladians, prevent or reftrain the vending or diftributing of fpirituous liquors among all or any of the faid Indian tribes, any thing herein contained to the contrary thereof notwithstanding.

in force from its date.

Proceedings

Sec. 22. And be it further enacted, That This act to be this act fhall be in force from the paffage thereof; and fo far as refpects the proceedings under this act, it is to be understood, that the act, entitled "An act to amend an act, entitled, an at giving effect to the laws of the United States within the diftrict of Tenneffee," is not to operate.

under not to be affected by another act, mentioned.

NATHL. MACON, Speaker of the House of Reprefentatives.

A. BURR,

Vice-Prefident of the United States, and Prefi

dent of the Senate.

APPROVED MARCH 30, 1802.

TH: JEFFERSON.

CHAPTER XIV.

AN ACT to authorize the Prefident of the United States to convey certain parcels of land therein mentioned.

BE

of

Lands convey

in N. Jerfey.

Vermule, &c.

E it enacted by the Senate and House of Reprefentatives of the United States America, in Congress affembled, That the Prefident of the United States be, and he hereby is authorized, to grant and convey, in fee fimple, by patent or otherwife, unto Cor- ed to Cornelius nelius Vermule and Andrew Codmas, refpectively, certain parcels of lands fituate in the county of Effex, in the State of New Jersey, which in the year one thousand seven hundred and ninety-nine, had been purchased for a military cantonment, and which were fold to them in the year following, by order of the fecretary at war, and the price received..

Sec. 2. And be it further enacted, That fuch grant and conveyance, fhall veft in the faid Cornelius Vermule and Andrew Codmas, respectively, an abfolute eftate, in fee fimple, in the lands respectively, purchased by them as aforefaid.

NATHL. MACON,

Speaker of the House of Reprefentatives.

A. BURR,

Vice-Prefident of the United States, and Prefi dent of the Senate.

APPROVED MARCH 30, 1802.

TH: JEFFERSON.