25. Exclusion of British Traders, April 29, 1816
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28 regulation. The result would be continual warfare, attended by the extermination or expulsion of the aboriginal inhabitants of the country to more distant and less hospitable regions. The correctness of this policy cannot for a moment be admitted. The utter extinction of the Indian race must be abhorrent to the feelings of an enlightened and benevolent nation. The idea is directly opposed to every act of the Government, from the declaration of independence to the present day. If the system already devised has not produced all the effects which were expected from it, new experiments ought to be made. When every effort to introduce among them ideas of separate property, as well in things real as personal, shall fail, let intermarriages between them and the whites be encouraged by the Government. This cannot fail to preserve the race, with the modifications necessary to the enjoyment of civil liberty and social happiness. It is believed that the principles of humanity in this instance are in harmonious concert with the true interest of the nation. It will redound more to the national honor to incorporate, by a humane and benevolent policy, the natives of our forests in the great American family of freemen, than to receive with open arms the fugitives of the old world, whether their flight has been the effect of their crimes or their virtues. . . . [American State Papers: Indian Affairs, 2:26–28.] 25. Exclusion of British Traders April 29, 1816 Fear of the influence of British traders on Indians in the United States and desire to keep the profits of the Indian trade in American hands led to exclusion of noncitizens from the trade. An act supplementary to the act passed the thirtieth of March, one thousand eight hundred and two, to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers. Be it enacted . . . , That licenses to trade with the Indians within the territorial limits of the United States shall not be granted to any but citizens of the United States, unless by the express direction of the President of the United States, and upon such terms and conditions as the public interest may, in his opinion, require. Sec. 2. And be it further enacted, That all goods, wares and merchandise, carried by a foreigner into the lands to which the Indian title has not been extinguished, for the purpose of being used in the Indian trade; and all articlesofpeltry,ofprovisions,orofanyother kind purchased by foreigners from Indians or tribes of Indians, contrary to the provisions of this act, shall be and the same are hereby forfeited, one half thereof to the use of the informer, and the remainder to the United States: Provided, That the goods, wares and merchandise are seized prior to their sale to an Indian, or Indian tribe, and the articles purchased are seized before they are removed beyond the limits of the United States. Sec. 3. And be it further enacted, That if a foreigner go into any country which is allotted or secured by treaty to either of the Indian tribes within the territorial limits of the United States, or to which the Indian title has not been extinguished, without a passport first had and obtained from the governor of one of the states or territories of the United States, adjoining the country into which he may go, or the officer of the troops of the United States, commanding at the nearest post on the frontiers, or such other person as the President of the United States may from time to time authorize to grant the same, he shall, on conviction thereof, pay a fine of not less than fifty or more than one thousand dollars; or be imprisoned not less than one month, or more than twelve months, at the discretion of the court. Sec. 4. And be it further enacted, That trials for offences against this act shall be had in the courts of the United States of the territory in which the person accused may be arrested, or in the circuit court of the United States, of the district into which he may be first carried, after his arrest. 29 Sec. 5. And be it further enacted, That each and every person charged with a violation of the second section of this act shall, if arrested, be indicted and tried in one of the courts aforesaid, and that the conviction of the accused shall authorize the court to...