CLARK V. CROSLAND. VoL. 17 any Indian, for the payment of money or goods, shall be deemed and held to be null and void, and of *no bind- [*44 ing effect whatever : And the said defendant further avers that he, the said defendant, is a Cherokee Indian, and a native-born subject of the Chero-kee Nation, west of the State of Ar-kansas: and that the said writing obligatory, in the said plaintiff's declaration mentioned, was executed in said 43 $] *CLARK Cherokee Nation ; whereof, he, the V. aid defendant, was a citizen and sub-CROSLAND. ject at the time of its execution : and this the said defendant is ready to The latter clause of the 3d section of the act of Congress, approved 3d of March, 1847, amendatory verify "—wherefore, &c. of acts in relation to the Department of Indian To this plea, the plaintiff interposed Affairs, and to trade and intercourse with the In-a general demurrer, which the court dians, is too broad and comprehensive, in its terms, overruled ; and he declining to re-to be restricted to contracts for spirituous liquors. spond further to the plea, final judg-Appeal from Crawford Circuit Court. ment was rendered for the defendant : and the plaintiff appealed to this ON. FELIX J. BATSON, Circuit H court. Judge. The sufficiency of the plea is the Fowler & Stillwell, for the appellant. only question in the case. Walker & Green, for the appellees. The last clause of the 3d section of ENGLISH, C. J. Solomon F. Clark the act referred to in the plea, de-brought an action of debt, by attach-clares : " All executory contracts, ment, against Richard Crosland, in the made and entered into by any Indian, Crawford county circuit court, upon a for the payment of money or goods, writing obligatory, for $325, exe-shall be deemed and held to be null cuted by Crosland to Clark, on the 6th and void, and of no binding effect of November, 1848, due one day after whatsoever :" 9 vol. United States Stat-date. utes at Large, p. 203. The defendant filed a special plea as It is insisted, by the counsel for the follows: " Actio. non, because, he says appellant, that this clause of the act, that by the third section of the act of when construed in connection with its the Congress of the United States, ap-other provisions, must be held to approved the 3d of March, 1847, entitled ply only to contracts made by Indians An act to amend an act entitled, an to pay for spirituous liquors, &c., in-act to provide for the better organiza-troduced into their country, and sold tion of the Department of Indian to them, contrary to the prohibitions Affairs, and an act entitled an act to of the act—this being the subject mat-regulate trade and intercourse with the ter of the enactment. Indians tribes, and to preserve peace We think the clause of the act in on the f:ontier, approved the 30th of question, is too broad and comprehen-June, A. D. 1834, and for other pur-sive, in its terms, to admit of this reposes ;' it is among other things en-striction. acted, and declared, that all executory The first section of the act relates to contracts, made and entered into by the limits of the Indian Superinten-
JAN. TERM, 1856. dencies, Agencies, &c. The second prescribes the penalty for introducing into the Indian country, and selling spirituous liquors, &c. The third section provides for the payment of annuities, &c., due from the United States to the Indians, to the heads of &c.; but forbids the distribution of moneys, goods, &c., to them while intoxicated ; and then follows the clause above copied. Had it been the design of Con-, gress to restrict the application 451 *of this clause of the act to con-. tracts made upon the sale of spirituous liquors, &c., the presumption is, that this design would have been manifested in the language employed. The Indians upon our western frontier, since their removal from their former homes, east of the Mississippi, have been, to some extent, under the parelital guardianship and protection of the government of the United States: have been receiving annuities under treaty stipulations, &c.: and being of an inferior race, many of them ignorant, and easily imposed upon, Congress deemed it expedient, no doubt, to pass the clause of the act in question to guard them against imposition, &c. The plea appearing to be good in substance, and no other objection being taken to it here, than the one above stated, the judgment of the court below' must be affirmed. Cited:-21-109-487; 23-79.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.