26. Secretary of War Calhoun on British Traders, March 25, 1818
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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 cause the goods intended to be sold to, and articles purchased from the Indians, belonging to him, or taken in his possession, to be sold, one half to the use of the informer, and the other to the use of the United States. But if goods intended to be sold or articles purchased from the Indians contrary to the provisions of this act, should be seized, and the owner or person in possession of them should make his escape, or from any other cause cannot be brought to trial, it shall and may be lawful for the United States’ attorney of the territory in which they may be seized, or the district attorney of the United States, of the district into which they may have been first carried after they are seized, to proceed against the said goods intended to be sold to, or articles purchased from the Indians, in the manner directed to be observed in the case of goods, wares or merchandise brought into the United States in violation of the revenue laws. Sec. 6. And be it further enacted, That the President of the United States be, and he hereby is authorized to use the military force of the United States whenever it may be necessary to carry into effect this act, as far as it relates to seizure of goods to be sold to, or articles already purchased from the Indians, or to the arrest of persons charged with violating its provisions. [U.S. Statutes at Large, 3:332–33.] 26. Secretary of War Calhoun on British Traders March 25, 1818 The 1816 prohibition against noncitizens participating in the Indian trade was relaxed by the president in 1818 to permit the use of foreign boatmen and interpreters. The new instructions were sent by the secretary of war, John C. Calhoun, to Lewis Cass, governor of Michigan Territory, on March 25, 1818. Sir, Your Excellency was instructed by the President thro’ a letter from this department of the 26th of Novemr 1817, to enforce the act of the 29th April, 1816, and not to grant licenses to trade with the Indians, to any except American Citizens. Farther information and reflection induce him to believe that much inconvenience will be experienced, unless permission be given to the American trader to employ in his trade with the Indians , foreign boatmen & interpreters; and he therefore directs your excellency to grant permits for them. But as great abuses may be experienced by entering as boatmen and interpreters, foreigners hostile to our country , who may be intended to have the principal control over the trading expedition; the President farther directs that, before granting permits, a descriptive list be furnished of all foreigners employed as boatmen and interpreters; and that a bond with security be taken, that the persons described in the list are in fact boatmen or interpreters, as the case may be, and are not intended to be employed in any other capacity. The list ought to be so minute as to identify the persons, and a duplicate ought to be furnished to the party concerned. The bond will be taken in the penal sum of $500, for each person on the descriptive list. For each foreign interpreter, an American citizen must be employed in order to be trained in the duties of an interpreter . You will also require bonds with security in half the amount of the value of the goods destined for the Indian trade, that they are the property of American Citizens. Your Excelly will give the necessary instructions to carry the above regulations into effect, to Major Puthuff and the other agents under your superintendance. Foreigners who are odious to our citizens, on account of their activity or cruelty in the late war, are not to be admitted in any capacity. [Clarence E. Carter, ed., Territorial Papers of the United States, 10:738–39.] ...