Indian Appropriations Act of 1871

An Act making Appropriations for the current and contingent Expenses of the Indian Department, and for fulfilling Treaty Stipulations with various Indian Tribes, for the Year ending June thirty, eighteen hundred and seventy-two, and for other Purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the purpose of paying the current and contingent expenses of the Indian department, and fulfilling treaty stipulations with the various Indian tribes: . . .

Provided, That hereafter no Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe, or power with whom the United States may contract by treaty: Provided, further, That nothing herein contained shall be construed to invalidate or impair the obligation of any treaty heretofore lawfully made and ratified with any such Indian nation or tribe. . . . 

Sec. 2. That the act approved July fifteen, eighteen hundred and seventy, "making appropriations for the current and contingent expenses of the Indian department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June thirty, eighteen hundred and and seventy-one, and for other purposes," amended by adding the following section, which was inadvertently omitted in the enrollment of said act, viz.:––

"Sec. 14. And be it further enacted, That nothing in this act contained, or in any of the provisions thereof, shall be so construed as to ratify, approve, or disaffirm any treaty made with any tribes, bands, or parties of Indians since the twentieth of July, eighteen hundred and sixty-seven, or affirm or disaffirm any of the powers of the Executive and Senate over the subject."

Sec. 3. That hereafter no contract or agreement of any kind shall be made by any person, with any tribe of Indians, or individual Indian not a citizen of the United States, for the payment of any money or other thing of value to him, or any other person, in consideration of services for said Indians relative to their lands, or to any claims growing out of or in reference to annuities from or treaties with the United States, unless such contract or agreement be in writing and approved by the commissioner of Indian affairs and the Secretary of the Interior; and all such contracts or agreements hereafter made, in violation of the provisions of this section, are hereby declared null and void, and all money or other thing of value paid to any person by any Indian or tribe, or any one else, for or on his or their behalf, on account of such services, in excess of the amount approved by the said commissioner and Secretary for such services, may be recovered by suit in the name of the United States in any court of the United States, regardless of the amount in controversy, one half of which shall be paid to the person suing for the same, and the other half shall be paid into the treasury of the United States, for the use of the Indian or tribe by or for whom it was so paid; and the person so receiving said money, and his aiders and abettors, shall, in addition to the forfeiture of said sum, be subject to prosecution for misdemeanor in any court of the United States, and on conviction shall be fined not less than one thousand dollars, and imprisoned not less than six months, and it shall be the duty of all district attorneys of the United States to prosecute such cases when applied to to do so, and their failure and refusal shall be ground for their removal from office. And any Indian agent, or other person in the employment of the United States, who shall, in violation of the provisions is section, advise, sanction, or in any way aid in the making of such contracts or agreements, or in making such payments as are here prohibited, shall, in addition to the punishment herein imposed on the person making said contract, or receiving said money, be, on conviction, dismissed from the service of the United States, and be forever disqualified from holding any office of profit or trust under the same.

Approved, March 3, 1871.