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Show REPORT OF THE COMMISBIONER OF INDIAN AFFAIRS. LXXIX keep their couutry free from intrusious by un~uthorized persons, the ' Department should take stlch prompt and onequivocal action that the in-truders will accept the situation and abanc1011a ll effort to cout i~~tuhee ir unlawful residence thereiu. I have therefore the honor to renew my recommenrlations that this office be authorized to takeaction l o ~ k i t~o~ g the removal of all persous who are it1 the Indian Territory in riolntiou of or witltout authority of Ian7, aud that the Secretary of \Tar be re-qnested to cause a sofficient force of troops to be detailed for the as-sistance of the agent of this office iu the exectltion of that authority. CONTRACTS WITH INDIANS. Section 2103 of the Revised Statntes provides that no contract nor agreement shall be made by any persou nith iudividual In<liaus, not citizens of the Uuited States, or with any tribe ofIndians for the- Payment or deliwry of any mouey or other thing of value, in preaent or in pros-pective, or for tlregrautiugal.proeuring any privihge to him, or to my other persona, in consideration of services fur said Indians relative to their lands, or to any claims growing out of, or in reference to, annnity, instnlia~euts, or other moneys, claims, denmnds, or thiug, under laws or treaties with the United States, or official acts of any officer8 thereof, or in any way connected with or due from the United States, u~llesa auch eoutraet or agreement be executed aud approved sa follows: Firat. Such agreement shsll be in writing, and a doplieate of it delivered to each party. Seeold. It shnll be executed before a jodge of s. oourt of record, and bear the ap. proval of the Secretary of the interior and the Commissioner of Indian &irs in-dorsed upon it. Third. It sholl contain the names of all parties in interest, their residence and oo-oupation; and if made with a. tribe, by their tribal authorities, tho scope of nuthor-ity, and the reason for exercising that authority shnll br. given speoifioally. Fourth..It shall state the time when and place where made, the pnrticular pnr-pose for which made, the speoinl thing or things to be done under it, sud if for the collection of moo-y, the basis of the claim, thesonrce from which it is to be oolleote3, the disposition to he made of it wheu collected, the amount or rate par eeutum of the fee in all eases; and if any contingent matter or condition coostitutes is part of the contract or agreement, it s>all be speaifically set forlh. Fifth. I t ahnll have s. fixed limited time to run, which shzll be distinctly stded. Sixth. The judge before whom suoh contract or agreement is eseouteh shsll oer-t i f ~of fioislly the time when a i d place where such oontrnot or agreement wns exroutad, and that it was in his presence, and who are the interested parties thereto as stated td himat the time, the partiesprevent making thesame, thesonroe andextent of authority claimed at the time by the contrnctiog perties to make the uoutmet or agreement, aud whether made iu petsou or by agent or itttorney of eithw pwtg or parties. The object of this statnte seems to be to enable the India11 tribes to make binding contracts for legill services in the prosecution of claims against the Government where sncb services may be necessary, and to place aronnd these contracts such safegoards as will secure those who are ignorant aud iuexperieucecl agaiuvt unreasonable and exoessi~e charges. |
