820 THIRTY-SEVENTH CONGRESS. SESS. III. CH. 119, 120. 1863.

Discrimination of the United States, and efficient in maintaining its authority and the
infaor of oyal peace of the Indians. Said Indians shall be subject to the laws of the
Indians to be United States, and to the criminal laws of the state or territory in which
subject to laws, they may happen to reside. They shall also be subject to such rules and
and to rules regulations for their government as the Secretary of the Interior may
and regulations. prescribe; but they shall be incapable of making any valid
They cannot civil contract
make a valid with any person other than a native member of their tribe, without the
civil contract, &c.consent of the President. The Secretary of the Interior shall also make
Education. reasonable provision for the education of said Indians, according to their
capacity and the means at his command.
APPROVED, March 3, 1863.

March 3,1863. CHAP. CXX. - An Act to provide for the Collection of abandoned Property and for the
Prevention of Fraudsin insurrectionaryDistricts within the United States.
Be it enacted by the Senate and House of Representatives of the United
Special agents States of America in Congress assembled, That it shall be lawful for the
to receive anl, Secretary of the Treasury, from and after the passage of this act, as he
donedorcaptured shall from time to time see fit, to appoint a special agent or agents to re-
property in cer- ceive and collect all abandoned or captured property in any state or ter-
tain states. ritory, or any portion of any state or territory, of the United States,
des-
ignated as in insurrection against the lawful Government of the United
States by the proclamation of the President of July first, eighteen hundred
Proviso. and sixty-two: Provided, That such property shall not include any kind or
description which has been used, or which was intended to be used, for
waging or carrying on war against the United States, such as arms, ord-
nance, ships, steamboats, or other water craft, and the furniture, forage,
military supplies, or munitions of war.
Such property SEC. 2. And be it further enacted, That any part of the goods or prop-
may be appro erty received or collected by such agent or agents may be appropriated to
use, or sold at public use on due appraisement and certificate thereof, or forwarded to any
public auction in place of sale within the loyal states, as the public interests may require;
oyal States. and all sales of such property shall be at auction to the highest bidder,
and the proceeds thereof shall be paid into the treasury of' the United
States.
Bond of special SEC. 3. And be it further enacted, That the Secretary of the Treasury
agents. may require the special agents appointed under this act to give a bond,
with such securities and in such amount as he shall deem necessary, and
to require the increase of said amounts, and the strengthening of said
security, as circumstances may demand; and he shall also cause a book
Books to be or books of account to be kept, showing from whom such property was
kept. received, the cost of transportation, and proceeds of the sale thereof. And
Owners of such any person claiming to have been the owner of any such abandoned or
property mayin suecaptured
or proceeds s property
p may, at any time within two years after the suppres-
court of claims. sion of the rebellion, prefer his claim to the proceeds thereof in the court
Upon what of claims; and on proof to the satisfaction of said court of his owner-
proof may re- ship of said property, of his right to the proceeds thereof, and that he has
never given any aid or comfort to the present rebellion, to receive the res-
idue of such proceeds, after the deduction of any purchase-money which
may have been paid, together with the expense of transportation and sale
of said property, and any other lawful expenses attending the disposition
thereof.
Property com- SEC. 4. And be it further enacted, That all property coming into
stats fostates any of the United States not declared in insurrection as aforesaid, from
in insurrection, within any of the states declared in insurrection, through or by any other
except through person than any agent duly appointed under the provisions of this act, or
be confiscated. under a lawful clearance by the proper officer of the Treasury Depart-
Proceedings for ment, shall be confiscated to the use of the Government of the United
condemnation States. And the proceedings for the condemnation and sale of any such
and sale. o
THIRTY-SEVENTH CONGRESS. SESS. III. CHi. 120. 1863. 821

property shall be instituted and conducted under the direction of the §§ 1799. ch. 22,
Secretary of the Treasury, in the mode prescribed by the eighty-ninth 89, 90'
and ninetieth sections of the act of March second, seventeen hundred and Vol. i. p. 695.
ninety-nine, entitled " An act to regulate the collection of duties on im-
ports and tonnage." And any agent or agents, person or persons, by or Persons through
through whom such property shall come within the lines of the United whom property
States unlawfully, as aforesaid, shall be judged guilty of a misdemeanor, tobe punishefdll
and on conviction thereof shall be fined in any sum not exceeding one
thousand dollars, or imprisoned for any time not exceeding one year, or
both, at the discretion of the court. And the fines, penalties, and for-
feitures accruing under this act may be mitigated or remitted in the mode Remission of
prescribed by the act of March three, seventeen hundred and ninety- penalte. 3
1797, ch. 13.
seven, or in such manner, in special cases, as the Secretary of the Vol.'i. p. 506.
Treasury may prescribe.
SEC. 5. And be it further enacted, That the fifth section of the "Act Pay of special
to further provide for the collection of the revenue upon the northern, agen't at ports
northeastern, and northwestern frontier, and for other purposes," ap- in insurrection.
proved July fourteen, eighteen hundred and sixty-two, shall be so con- 1862, ch. 169, § 5.
strued as to allow the temporary officers which have been or may be ap- Ante, p.572.
pointed at ports which have been or may be opened or established in states
declared to be in insurrection by the proclamation of the President on
the first of July, eighteen hundred and sixty-two, the same compensation
which by law is allowed to permanent officers of the same position, or the
ordinary compensation of special agents, as the Secretary of the Treasury
may determine.
SEC. 6. And be it further enacted, That it shall be the duty of every Officers and
officer or private of the regular or volunteer forces of the United States, soldiers receiving
or any officer, sailor, or marine in the naval service of the United States aly such proper-
upon the inland waters of the United States, who may take or receive any to turn the same
such abandoned property, or cotton, sugar, rice, or tobacco, from persons over to special
in such insurrectionary districts, or have it under his control, to turn the agents.
same over to an agent appointed as aforesaid, who shall give a receipt
therefor; and in case he shall refuse or neglect so to do, he shall be tried Penalty for not
by a court-martial, and shall be dismissed from the service, or, if an officer, so doing.
reduced to the ranks, or suffer such other punishment as said court shall
order, with the approval of the President of the United States.
SEC. 7. And be it further enacted, That none of the provisions of this This not to ap.
act shall apply to any lawful maritime prize by the naval forces of the ply to lawful
Uni,,ed States.
Uni:ed maritime prizes.
APPROVED. March 12, 1863.