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DEPARTMENT OF THE INTERIOR,

OFFICE OF INDIAN AFFAIRS.

RULES
GoVERNINO

THE COURT OF INDIAN OFFENSES.

11803
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 ILULE'S
OOVEnNING

THE COURT OF INDIAN OFFENSES

DEPARTMENT OF THE IN'TERlO R,

OFFICE OF INMIAN AFFAIMg,
MWbington, Mtare~h 30,133.
Sin : Your special attentiont is directed to the following copy of De-
pu~tment letter, viz:DPRMN l ra:ANkltR
Washington, Decemjber 2, 1W,2
the.
Sin; I desire to call your attention to what I regard as a great hindrance~to
dances, such As.
civilization of the Indians, viz, the continuance of then old heathenish
the sun-dance, scalp-dance, &oc. Thesae dances, or feast", as they are sometimes called,
by the
my and if the Indians now supported
ought, in judgment, to be discontinued,
be instructed to
tloveruxuent are not willing to discontinue them, the agents should
sach dis*.otinuance. Then feasts or dances are not social gtherings for the
ompel
mrutsemexit of thetne people, but, on the contrary, are intended
and calculated to stimu-
late the warlike passions of the young warriors of the tribe. At such feasts the war-
rior recounts him deeds of daring, boasts of his inhumanity in the destruction of his
enemies, axed him treatment of the female captive, in language
that ought to shock
approvingly to his boasts of falsehood,
even a m ange var. The audience assets
tl4't, ]murder, and rape, and the young listener i iniformecd that this and this
deceit, of the young,
only is th road to fame anud renown. The result is the dernoralizatiou without a thought
who are incited to einulate the wicked conduct of th' ir elders,
that in so doing they violateanxy law, but, on the contrary, with the conviction that
in so doing they are securing for themselves an endurinig and
deserved
fame among
their people, Active measures should be taken to discourage all feasts: and dances of
the tcharacter I have mentioned,
The marriage relation is also one requiring the immediate attention of not seem
the agents.
'While the Indiana re>nm~n in a state of at least semi-independence, there did
interference was practicable
to be any, great neessity for interference, eveila if suchchase the Iudian (il not take
(wbioh it doubtless was not). While dependent on the
great muass fouunt themselves too poor to support more than one;
s aany wives, and the, longer exists, and the
hut since the Uovernment supports then, this objection no
I would nt
maros numerous the family the greater the number of the rations
allowed.
by all pos.
wdiser any Interfereuce with plural marriages now existing; but I would relation,
future marriages of that character. The marriage
sible methods discourage
if itway he said to exist at all among the Indians, is exceedingly lax in its character,
and It will be found impossible, for some time yet, to impress them with our idea of
this imiportant relation.
by the consent of both parties, is easily and readily
The m rriage state, existing only any
dust lved, the xuan not reeogniving obligation on his part to care for his offspring.
As farr ar practicable, the Indian. having taken to himself a wife, should
be compelled
to continue that relation with her, iuless dissolved by eoine recognized tribunal on
the :enervation or by the courts. Some system oft marriage should be adopted,an
the Indian compelled to conform to it. The Indian should also be instructed that he
is under obligations to care for and support, not only his wife, but his children, and
caught
on his failure, without proper cause, to continue 115the headl of such family, thehie guard.
in some manner to 1)e punished, which should bee either by confineenlt in
houtie or agency prison, or by a reduction of his rations.
Another great hindrance to the civilization of the Indiana is the influence of the
medicine men, who nre always found with the anti-progressivea party. The medicine
men resort to various artifices and devices to keel) the people under their influence, and
snespecially
are active in preventing
hi ojrr'at the attendance ofrmaadnn
opeettepol the children at thehi
publiceten
sohoolsh,
rites and customs. While they profess to cure diseases by the Administering of a fewn
simple remedies, still they rely mainly on their art of conjuring. Their services are
not required even for the a lmhiniatration of the few simple remedies they are conmpe-
tent to recommend, for the Government supplies the several agencies with skillful
physicians, who practice among the Indians without charge to theta. Steps should be
taken to complel these imposters to Abandon this deception and drcontinuo their
practice, which are not only without benefit to the Indiatis but positively injurious
to them. p
Time vtiue of propertya raim .agoi of civilization ouglit jnot to bec overlooked, When
an Indian acquires property, with a disposition to retain the same, free from tribal or
individual interferoee, hie bus made a stop forward in the road to civilization. One
great obstacle to the acquiremn~t of property by the Indian is the vvr) general ou.
tout of destroying or distributing this property on the death of at member of his family.
Frequently on the denth of an important member of the family all the property aeoen. f
milste by its head is destroyed or carried off by the mournersrs" and life family left
in desolationm and want. While in their independent state but little inconvenience
was felt in snch as case, on account of the general community of interest and property,
in their present condition not only real convenience is felt, but disastrous onse-
quenoes follow. I anin informed by reliable authority that frequently the head of a j
family, finding himself thuis stripped of his property, becomes disceoursaged, and makes
no further attempt to become aoproperty owner. Fear of being considered mevan aud '
attachment to the dead frequently prevents the owner from Interfering to save This
property wiloa it is being destroyed in his presence and contrary to hie wishes.
It will be extremely difficult to accomplish much towards the civilization of the
Indians while these adverse influenes are allowed to exist.
Thce Government having attempted to support the Indians until such time as they
shall become self-supporting, the interest of the Government as well as that of the In-
dians demands that every possible effort should be made to induce them to beome
self-supporting at as early sa day as possible. I therefore suggest whether it is not
practicable to formutlate certain rules for the government of the Indians on the r"a-
ervations that shall restrict and iiltiniately abolish the practices I have mentioned.
I1am not Ignorant of the difficulties that will be encountered fn this effort; yet I bo-
lieve in all the tribes there will be found many Indians who will aid the Government

I
in its efforts to abolish rites and ciistomxs tio injurious to the Inrdiana )ad so contrary
to the civilization that they earnestly desire.
Very respectfully,H..TELR
lion. HIRAM PVla,
Swertary.
Gommieuloneter of 1ndian Affairsr.
sulggestions contained in the foregoing letter,
In comphlianfce with the
the following rules are promulgated for the guidance and direction of
 ' 9
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the several United States Indian agents, and each agent will see to it
that the requirements thereof are strictly enforced, with the view of
having the evil practices mentioned by the honorable Secretary ulti.
inlately abolished.
ITU'14 S.
ist. There shall bo established at each Indian agency, except the
agency for the five civilized tribes in the Indian Territory, a tribunal,
<-onsisting of three Indians, to be known as "1the Court of Indian
Offenses," and the three members of said court shall each lbe styled
"cJudge of the Court of Indian Offenses."
r1 he1 first tbree officers in rank of the police force at each
agency
shall serve as jud(ges of said court, wlhon practicable, and when inl the
*pillion of thle agent said police officers are fit and competent persons
to satisfactorily perform the(- duties thereof. The police officer highest
in rank shall be the "presiding judge, If, however, any of the said
police officers are considered by the agent to be improper persons to be
soappointed, or inl thoe ont~t of there being 110 police officers, then the
agent may select fromd among the members of the and tribeC persons of in.
reconimend tho
telligence and good moral character and integrity,
Ham eto this office for appointment as judgcts in lieu of the officers of the
police forge aforesaid.
Each judge shall be appointed by this office for at term of one year,
subject to removal ait any timne, at the discretion of the Commissioner
of Indian Affairs; provided, however, that no person haill be eligible
to app~ointmecnt as a member of saidl court who is a polygamist; and
provided further, that the juges herein p~rovidedl for shall receive no
;honey consideration onl account of their services inh connection with
said court.
2d. The Court of Indian Offenses shall hold ait least two regular sea
sions in each and every mfonith, the time, and place for holding said
asem~ions to be agreed upon by the judges, or a nua iority of them, and
approved by the agent; azid special tensions of the court mhay be held
when requested by three reputable members of the tribe, and approved
&y the went.
3d. The court as above organized shall shear and pass,judgment up)on
all such questions as may be presented to it for consideration by the
,agent, or by this approval, and shall have original jurisdiction over all
"4Indian offenses" designated as such in Rules 4,5 t,, 7, and 8 of these
rules. The judgment of the court may be by twojudges; and that the
several orders of the court may be carried into full effect, the United
*tatea Indiami agent is thereby authorized and empowered to compel the
attomce of witnesses at any -session of the court, and enforce, with
the aid of the police, if necessary, all orders that may be passed by the
4ourt or a majority thereof; but all orders, decrees, or judgments of the
d ourt shall be subject to approval or disapproval of the agent, and an
appeal to and final revision by thin orilce ; provided
that when an ap-
peal is taken to this office, the app~ellant shiall furni:4h security
satisfac-
and peaceful be-
tory to the court, and approved by the agent, for good
liavior pending the, flnal decision of this office.
4th. The "su dance," the &,galp~diincej,"shall the iswar-dance," and .all
other so-called feasts assimilating thereto, be considered "tIndian
of being a participant in anly one
offenses," and any Indian found guilty
a committede, be
or more of these 44often1Cs" shll, for the first ormhs so to)ut1 guilty by
punished by withholding from the peso or persons
ulethall e pund
ifefoud ghilt ofthi ationusfortapeiod nethi
thefourt hilt ofhi ai an o pnbqeiodns nterced thi not lessi than
uen dhalb tand
a

no
a;erid
fo
ish.A by withholding his or their rations fo~r a period in the agency
exee
)risn
fifteen days, nor more than thirty days, or by incarceration

5lth . fo
prison lI r no exceeding tiirit days.eri~cc
Any p~lural nharriage hereafter cotace or ener into States
by any
1
undler the, supervision of at ITnitoll
member of an Indian tribe e,"' cognizable by the
Indian agent shall be considered an "4Indiani offenscon vietioti the~reof by
Curt of Indian Offenses; and upon trialnotandless than twenty docllars,,s
sai court the offe'nder shall pay a fine of both, ait the dis-
or work at hard labor for a p~eriod of twenty dayss, or to the benefit
cetioni of the (court,the proceeds thereof to be deoe
of the trine to wicli the offender mray at the time belong;
and so long
shiall forfeit all
as the Indian shall Continue in this unlawful relations he
right to receive rations from the Govertinit. Andmetmber whenever it shall
be p~rov ten to the satisfaction of the 'ourt that ainy
fails, without proper cause, to support his wife aid ehilren,
Oi the tribe'
no rations
assuraiwe is given
shall be iM5Ued to him Until much time ams satis rectory will provide for
to the court, aipDroved by the agent, that the offender
his family to the best Of his ability. shall be consid-
oth. Trhe uisual practices of scalled 41itedicine men "
Of'fenses, and
dared "tIndian ofteiwiis" ognizable by the C'ourt
of In diau
the court that the
whenever it shall be proven to the satisfaction ofoperates as at hinder-
influence or practice of a so-called 44medlicine, mnan"
man"1 resorts~
axice to the civilization of a tribe, or that said 11medlin influenced, or shall
to any artifice or device to keel) the Indians tinder his
adopt any means to prevent the attendance
of children at the agency
the Indian&
schools, or shall use any of the arts of a conjurer to prevent lie shall be ad-
from abandoning their heathenish rites anid customs, one or
of any
judged guilty of an Indian offense, and upon conviction opinion of the
Wore of these specified practices, or any other,
in the
be confined in the
court, of an equally antiprogressive nature, shallor until sue b time as
agency prison for a term not less than tenm days,
and approved by
hie shall produce evidence satisfactory to the court, styled ludiau~
the agent, that he will forever abandon all practices
offenses under this rule.
Indian agent
7th. Anuy Indian nuder the charge of a United States

U-
 whio shall willfully destroy, or with intent to steal or destroy, shall take
being the
and carry away any property of any value or description,
property free from tribal interference, of any other Indian or Indians,
,shall, without reference to the value thereof, be deemed guilty of an
'"Indlian otffouse," and, upon trial, and conviction thereof by the Court
of Indian Oltrvnses, shall bte comnpelled to return the stolen property to
the proper owner, o)r, in case, the property shall have been lost or de-
stroyed, the estimated full value thereof, and in ainy event the party or
parties as found guilty shall be confinedl ini the agency prison for a term
not exceeding thirty (lays; and it shall not be considered this
a sufficient or
rule that the
,atifcoyase tany' of the offenses set forth in
party charged was at the time a "'mourner," and thereby justified in

A taking or olestrovileg the property in daccorolianee with the cu.4tomsa or

rites of the tribe.
8th. Any Indian or mixed-blood who
anoney or
shall pay or offer to pay any
other valuable consideration to the friends or relatives of any
Indian girl or woman, for the purpose of living or cohabiting with said
girl or woman, shall be deemed guilty of an Indian off0311&e, and upon
conviction thereof shall forfeit all right to Government rations for a
period at the discretion of the agent, or be imprisoned in, the agency
prison for a p~eri(A not exceeding sixty days; and any Indian or mixed.
blood who shall receive or offer to receive any considlerationi for the
purpose hereinbefore specified shall be lpunishied in a similar manner as
provided for the party paying or olthbring to paty the said consideration;
and if any white man shall be found guilty of any of the offenses herein
mentioned be shall be immediately remnovedl from the reserv ation and not
allowed to return thereto,
9lth In addition to the off'enses4 hereibefore enumeraated, the Court
of Indian Offenses shall also have Jurisdiction (subject to the provisions
of Rule 3) of misdemeanors committed by fndiaaim belonging to tihe res-
ervation, axmdt of civil suits where Indians are parties thereto; and any
Indian who shall be found intoxicated, or who shall sell, exchange, give,
barter, or dispose of any spirituous, vinous, or fermented liquors to any
other Indian, or who shall introduce or attempt to introduce, under any
pretense fliatover,' uy spirituous, vinous, or feoarmented liquors on the
reservation, shall bW punishaable by imprisonmnt for not less than thirty
days nor more than ninety days, or by the withholding of Government ra-
tions therefrom, at the discretion ofthe court and approval of the agent.
The civil jurisdiction of such court shall be the same as that of a
justice of the peace in the State or Territory where such court is located,
and the practice in such civil cases shall conform as nearly as practica-
ble to the rules governing the practice of justices of the peace in such
State or Territory; and it shall also be the duty of the court to instruct,
snd inforto either or bo0th parties to any cult in regard to the
inments of these rules,
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The foregoing rules must be read and explained to the Indiana at
each agency, and copies of the same posted in conspicuous none
planes.
for the
The agent should be especially careful that he nominate
position of judge under these rules except those whom he believes to
be intelligent, honest, and upright, and of undoubted integrity.
Very respectfully, H
commiesioner
Approved April 10, 1883.

1180-1000