Page:The Early Indian Wars of Oregon.djvu/59

Rh nature of men in a low stage of their mental evolution.

Third. That the change this discovery made in themselves, being perceived by the Indians, was a cause of displeasure to them, and of danger to the missionaries.

Fourth. That the delay of the governments of Great Britain and the United States to settle the Oregon boundary greatly increased this danger by preventing an understanding between our government and the Indians concerning property in lands; rendering it also impolitic to send troops among them before our sovereignty had been acknowledged by the only power disputing it.

These circumstances left the defense of the loyal upon application to the said judge at the instance of the United States district attorney or of any private party aggrieved. Section 5. And be it further enacted, that it shall be the duty of said superintendents to cause the soil adjacent to said posts, in extent not exceeding six hundred and forty acres to be cultivated in a farmer-like manner, and to produce such articles of culture as in their judgment shall be deemed to be most profitable and available for the maintenance of said posts, for the supply of the troops and other government agents which may from time to time resort thereto, and to render the products aforesaid adequate to defraying all the expenses of labor in and about said posts, and the salary of the said deputy superintendent, without resort to the treasury of the United States, remitting to the secretary of the treasury yearly a sworn statement of the same, with the surplus moneys, if any there shall be. Section 6. And be it further enacted, that the said several superintendents of posts shall, ex officio, be superintendents of Indian affairs west of the Indian territory, Neocho, subordinate to and under the full control of the commissioner-general of Indian affairs at Washington. That they shall, by virtue of their offices, be conservators of the peace, with full powers to the extent hereinafter prescribed, in all cases of crimes and misdemeanors, whether committed by citizens of the United States, or by Indians within the frontier line aforesaid. That they shall have power to administer oaths, to be valid in the several courts of the United States, to perpetuate testimoney to be used in said courts, to take acknowledgements of deeds and other specialties in writing, to take the probate of wills and the testaments executed upon the said frontier of which the testators shall have died in transit between the state of Missouri and the territory of Oregon, and to do and certify all notarial acts, and to perform the ceremony of marriage, with as legal effect as if the said several acts above enumerated had been performed by the magistrates of any of the states having power to perform the service. That they shall have power to arrest and remove from the line aforesaid all disorderly white persons, and all persons exciting the Indians to hostilities, and to surrender up all fugitives from justice upon the requisition of the governor of any of the states; that they shall have power to demand of the several tribes within the said frontier line, the surrender of any Indian or Indians committing acts in contradiction of the laws of the United States, and in case of such surrender, to inflict punishment thereon, according to the tenor and effect of said laws, without further trial, presuming such offending Indian or Indians to have received the trial and condemnation of the tribe to which he or they may belong; to intercept and seize all articles of contraband trade, whether introduced into their jurisdiction in violation of the acts imposing duties or imports, or of the acts to regulate trade and intercourse with the several Indian tribes; to transmit the