By the Act of March 30, 1802, consolidating, revising, and re-enacting various prior laws, and entitled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers," a system of regulation was established which remained largely in force for many years. By Section 1, the boundary lines between the United States and the various Indian tribes according to treaties entered into with them are laid down. By following sections it is provided that no citizen of or other person resident in the United States shall, under penalty of one hundred dollars, or imprisonment for six months, enter the Indian territory without a passport; that robbery, larceny, trespass, or other crime, against the person or property of any friendly Indian, "which would be punishable, if committed within the jurisdiction of any State against a citizen of the United States," is to subject the offender to fine and imprisonment; that when Indian property is taken or destroyed, the offender shall be liable in a sum double its value; that no settlements by citizens or other persons shall be made on any lands belonging to the Indians; that no traders shall reside in Indian settlements without a license; that "no purchase, grant, lease, or other conveyance ofi lands, or of any title of claim thereto, from any Indian, or nation, or tribe of Indians, within the bounds of the United States, shall be of any validity, in law or equity, unless the same be made by treaty or convention entered into pursuant to the Constitution."
"In order to promote civilization among the friendly Indian tribes, and to secure the continuance of their friendship," Section 13 declares it lawful for the President of the United States" to cause them to be furnished with useful domestic animals, and implements of husbandry, and with goods or money, as he may judge proper, and to appoint such persons, from time to time, as temporary agents, to reside among the Indians, as he shall think fit: provided, that the whole amount of such presents and allowance to such agents shall nor exceed $15,000 per annum."
In the event of Indians crossing the boundaries of their lands into the States and Territories of the United States and their committing crimes of violence or stealing or destroying property, report is to be made to the tribes to which the offenders belong, and, in case the tribes refuse to make satisfaction, the President of the United States is to be notified and he is to take such steps to compel satisfaction as may be necessary. In no case are the individuals who are injured to attempt redress by private warfare. The superior courts in each territorial district and other federal courts are given full jurisdiction to hear and determine all offenses against the act. Offenders found within any State or territorial district may be apprehended. The vending or distributing spirituous liquors among the Indians is forbidden. And, finally, as quoted above, it is declared that "nothing in this act shall be construed to prevent any trade or intercourse with Indians living on lands surrounded by settlements of the citizens of the United Stares, and being within the ordinary jurisdiction of any of the individual States."
From this act it will be seen that the tribal Indians are treated as peoples not within the citizen bodies of the States and Territories, and that no attempt is made to regulate anything but the relations between them and outsiders. The relations of individual Indians to one another and to their respective tribal authorities are left untouched.
14 2 Stat, at L. 139.
In 1817 an act was passed by Congress declaring criminal the committing of any act within Indian territories under the exclusive jurisdiction of the United States. But offenses of Indians upon Indians were expressly excluded.
From time to time additional acts of Congress were passed for the regulation of the Indians, all of them predicated upon the idea that the Indians living upon Indian lands15 constitute a class apart with a peculiar status, jurisdiction over whom is exclusively in the General Government.