534 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.a.nn. 18 



This is repeated in sectiou 12 of the act of May 19, 179G, entitled "An 

 act to regulate trade and intercourse with the Indian Tribes, and to 

 preserve peace on the frontier;" also in section 12 of the act of March 

 30, 1802. By section 1.1 of the act of March 26, 1804, "erecting Louis- 

 iana into two Territories, and providing for the temporary government 

 thereof," it is ordered that — 



Tlie President of the United States is hereby authorized to stipulate with any 

 Indian tribes owning lands ou the East side of the Mississippi, and residing thereon, 

 for an exchange of lands the property of the United States, on the West side of the 

 Mississippi, iu case the said tribe shall remove and settle thereon; but, in such 

 stipulation, the said tribes shall acknowledge themselves to be under the protection 

 of the Uoited States, and shall agree that they will not hold any treaty with any 

 foreign Power, individual State, or with the individuals of any State or Power; 

 and that they will not sell or dispose of the said lands, or any part thereof, to any 

 sovereign Power, except the United States, nor to the subjects or citizens of any 

 other sovereign Power, nor to the citizens of the United States. And in order to 

 maintain peace and tranquillity with the Indian tiilies who reside within the limits 

 of Louisiana, as ceded by France to the United States, the act of Congress, passed 

 ou the thirtieth day of March, cue thousand eight hundred and two, entitled "An 

 act to regulate trade and iutercourso with the Indian tribes, and to preserve peace 

 on the frontiers," is hereby extended to the Territories erected and established by 

 this act; and the sum of fifteen thousand dollars, of any money in the Treasurj', not 

 otherwise appropriated by law, is hereby approprinted, to enable the President of 

 the United States to effect the object expressed iu this section.' 



As this law was Hot to take effect until October 1, 1804, it was pro- 

 vided that until this date the act])assed October 31, 1803, entitled "An 

 act to enable the Piesident of the United States to take jtosse.ssion of 

 the teiTitories ceded by France to the United States . . . and for 

 the temporary government thereof," was to remain in force. All rights 

 of the Indians within the limits of Louisiana which existed under the 

 French control remained, therefore, under United States authority until 

 October, 1804. 



To complete the chain we note the fact that, by aiticle 6 of the 

 treaty of April 30, 1803, by which France ceded Louisiana to the 

 United States, the latter i)romised "to execute such treaties and arti- 

 cles as may have been agreed between Spain and the tribes and nations 

 of Indians, until, by mutual consent of the United States and the said 

 ti'ibes or nations, other suitable articles shall have been agreed upon." 



These acts and treaties indicate, and in fact form, ste])S iu the policy 

 of the United States in its dealings with tlie Indians in reference to 

 their lands, and will be noticed in this connection hereafter. The 

 object at jiresent in referring to them is only to show the theory of the 

 Government in regard to the Indian title. 



It is clear, therefore, that although the United States has always 

 conceded to the Indians the usufruct or right of occupancy to such lands 

 as they were iu possession of, yet they have always held the theory of 

 the European powers, and claimed that the absolute right to the .soil 

 was in the Oovernment. 



