7. Ordinance for the Regulation of Indian Affairs, August 7, 1786
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8 the said states on the one part, and all the Cherokees on the other, shall be universal; and the contracting parties shall use their utmost endeavors to maintain the peace given as aforesaid, and friendship re-established. In witness of all and every thing herein determined, between the United States of America and all the Cherokees, we, their underwritten Commissioners, by virtue of our full powers, have signed this definitive treaty, and have caused our seals to be hereunto affixed. . . . [Charles J. Kappler, ed., Indian Affairs: Laws and Treaties, 2:8–11.] 7. Ordinance for the Regulation of Indian Affairs August 7, 1786 An ordinance to govern the Indian trade was approved by the Continental Congress on August 7, 1786. The features it proposed—essentially a licensing system administered by superintendents and agents—were adapted from earlier British practice. This ordinance was never fully effective, but its provisions in modified form became the accepted elements of later laws passed by Congress to regulate trade with the Indian tribes. Whereas the safety and tranquillity of the frontiers of the United States, do in some measure, depend on the maintaining a good correspondence between their citizens and the several nations of Indians in Amity with them: And whereas the United States in Congress assembled, under the 9th of the Articles of Confederation and perpetual Union, have the sole and exclusive right and power of regulating the trade, and managing all affairs with the Indians not members of any of the states; provided that the legislative right of any state within its own limits be not infringed or violated. Be it ordained, by the United States Congress assembled, That from and after the passing of this Ordinance, the Indian department be divided into two districts, viz. The Southern, which shall comprehend within its limits, all the Nations in the territory of the United States, who reside southward of the river Ohio; and the Northern, which shall comprehend all the other Indian Nations within the said territory, and westward of Hudson river: Provided that all councils, treaties, communications and official transactions, between the Superintendant hereafter mentioned for the northern district, and the Indian Nations, be held, transacted and done, at the Outpost occupied by the troops of the United States, in the said district. That a Superintendant be appointed for each of the said districts, who shall continue in office for two Years, unless sooner removed by Congress, and shall reside within or as near the district for which he shall be so appointed, as may be convenient for the management of its concerns. The said superintendants shall attend to the execution of such regulations, as Congress shall, from time to time, establish respecting Indian Affairs . The superintendant for the northern district, shall have authority to appoint two deputies, to reside in such places as shall best facilitate the regulations of the Indian trade, and to remove them for misbehaviour. There shall be communications of all matters relative to the business of the Indian department, kept up between the said superintendants , who shall regularly correspond with the Secretary at War, through whom all communications respecting the Indian department , shall be made to Congress; and the superintendants are hereby directed to obey all instructions, which they shall, from time to time, receive from the said Secretary at War. And whenever they shall have reason to suspect any tribe or tribes of Indians, of hostile intentions, they shall communicate the same to the executive of the States or States, whose territories are subject to the effect of such hostilities. All stores, provisions or other property, which Congress may think necessary for presents to the Indians, shall be in the custody and under the care of the said superintendants, who shall render an annual account of the expenditures of the same, to the board of treasury. And be it further ordained, That none but citizens of the United States, shall be suffered to reside among the Indian nations, or be 9 allowed to trade with any nation of Indians , within the territory of the United States. That no person, citizen or other, under the penalty of five hundred dollars, shall reside among or trade with any Indian or Indian nation, within the territory of the United States, without a license for that purpose first obtained from the Superintendant of the district , or one of the deputies, who are hereby directed to give such license to every person , who shall produce from...