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Show REPORT OF 'THE COMMISSIONER OF INDIAN AFFAIRS. LXVII some plan be adopted by which they may secure, by purchase from the Indians a sufficient quantity of land to meet the absolute requirements of the town. The Indians have already signijied their entire ~illing-ness to dispose of so much of their reservation as is required to meet the demand, at a price to be fixed upon by the gopernment, and it is suggested t.hat Congress be asked at the next session to grant authority for a proper adjustment of the whole mat,ter. LEGISLATION NEEDED. Upon reference to previous aui~uarle ports from this office, I observe that repeated recommendations haye been made for additional legisla-tion in behalf of the Indians, andupon examination I find that Congress has hitherto failed to afford the desired relief. Foremost among the subjects which call for attention by Congress is that of the lan- relating to- Intruders upon Indicin reserurctions. Existing lams (interconrse act., Jnue 30,1834; act of August 18,1856 ; sections 2147,2148, R. 8.) are, in the changed order of things, entirely insufficient for the purpose. Under tbese laws an intruder must first be removed from the reserve, and then if he returns he is liable to a pena1t.y of $1,000. As a g e~~e rranle , intruders are of a class having no property subject to exec~~tioann, d as the penalty can o111y be wl-lected by an action of debt, the result is invariably a barren jridgment, and the delinquent goes scot-free, only to renew his attempts at settle-ment at a later date, and perhaps in some other direction. A notable illustration of the inadequacy of the law is found in the case of the notorious Captain Payne, of Okla,homa fame, who, after re-peated attempts at settlement in the Indian Territory, and removal therefrom by the military, was finally arrested July iij,lS80, and taken to Fort Smith, Ark., where he was released on bail to appear at the ensuing November tern1 of court. At the subsequent May term of said court a civil snit in t,he nature of an action of debt, brought against Payne, in the name of the United State#, to recover 6he statutory pen-alty of $1,000, n-as tried, and judgment rendered against him. It is altogether improbable that the judgment can ever b: collected from Payne, and the result is that he is at large, organizing another scheme for inrasiou of the Territory. I suggest an amendment of the law so that an intruder on Indian lands shall be liable to prosecution for the first and every subsequent offense, and, upon conviction, be punishable, not simply by fine, bnt by fine and imprisonment ; and provision should also be made in the act for confiscation and sale by the government of the entire outfit of im intruder or party of intnlders. |