By the fifth section of the act of Congress of the 30th of March, 1802,
to regulate trade and intercourse with the Indian tribes and to preserve
peace on the frontiers, it is provided that if any citizen of or other
person resident in the United States shall make a settlement on any
lands belonging or secured or granted by treaty with the United States
to any Indian tribe, or shall survey, or attempt to survey, such lands,
or designate any of the boundaries by marking trees or otherwise, such
offender shall forfeit a sum not exceeding $1,000 and suffer
imprisonment not exceeding twelve months.
By the sixteenth and seventeenth sections of the same statute two
distinct processes are prescribed, by either or both of which the above
enactment may be carried into execution. By the first it is declared to
be lawful for the military force of the United States to apprehend every
person found in the Indian country over and beyond the boundary line
between the United States and the Indian tribes in violation of any of
the provisions or regulations of the act, and immediately to convey
them, in the nearest convenient and safe route, to the civil authority
of the United States in some of the three next adjoining States or
districts, to be proceeded against in due course of law.
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