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12 that they were unnecessary because state laws and some treaties already provided for criminal punishment, proponents explained that the provisions were needed for those who went “out of the limits of any of the States” and committed crimes that may not have been covered by a particular treaty. See 3 Annals of Cong. 751 (1792). Thus, as with the border garrisons, these provisions were meant as “an answer to the charge that” the United States did not respect its treaties with Indian tribes, Prucha 92, while also securing “peace with the Indian tribes” on the frontier, 3 Annals of Cong. 751. In that respect, they were much like the criminal penalties that Congress levied on those who went abroad and enlisted with England or France and thereby threatened the United States’ peace with those nations. See 1 Stat. 383.

The Trade and Intercourse Acts further hammered out the Nation’s diplomatic and territorial stance with respect to the Indian tribes. For example, reflecting the Federal Government’s powers over commerce, territories, and foreign affairs, the Acts forbade U. S. citizens from purchasing, surveying, or settling on Indian lands. E.g., id., at 329–330. One of the Acts, enacted in 1796, then drew a boundary line with Indian tribes and required citizens to have passports when entering Indian lands. Id., at 470. If an Indian came over the boundary line and committed a crime against a U. S. citizen, the Acts authorized the President to demand satisfaction from the tribe (while specifying that the Indian could be arrested “within the limits of any state”). See, e.g., §14, id., at 472–473. Then, to prevent the