11. Previously to the payments, the agent or sub-agent, and the military officer or officers, will convene the Indians, and ascertain from them in what manner they desire the annuity to be paid: whether to the chiefs of the tribe, to heads of families, or in any other manner. They will take care that the Indians fully comprehend the subject, and act upon their own suggestions; and, after getting their views, the payment will be made in conformity thereto. The decision of the Indians will be certified upon the receipt rolls by the above officers.
12. Payment will, in all cases, be made to the Indians, and to no other person; nor will any debt or claim of any kind be allowed or paid, excepting claims provided for in the 17th section of the act passed the 30th ultimo, and entitled "An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontier."
13. Where property is taken or destroyed, in the manner described in the said section, the person interested therein will procure the necessary documents and proofs substantiating his claim. These documents and proofs will be submitted to the proper superintendent, agent, or sub-agent, and at the next period of paying annuities the same will be laid before the persons superintending such payment. They will inquire into the circumstances, and interrogate the Indians; and if they are satisfied the claim is just, they will then make a formal demand upon the tribe for satisfaction. If, thereupon, such tribe agree to make satisfaction, the amount shall be taken from the annuity due to such tribe, and paid to the person entitled thereto. Triplicate receipts will be taken from the person receiving such payment, expressing the nature and circumstances thereof; one of which shall be kept by the agent or sub-agent; one shall be delivered to a chief of the tribe; and the third shall be transmitted, with the annuity receipts, to the office of Indian Affairs. The annuity receipt will also express the payment so made: that is, it will acknowledge, on the part of the Indians, the receipt of the whole annuity due to them; specifying that such part was due to them, and such part to the person named, on account of the injury before mentioned.
14. If the Indians refuse to allow such claim, the agent, sub-agent, and military officers attending the payment, will, after making the inquiries aforesaid, state all the circumstances which may become known to them, and certify the same, together with their opinion, with the documents and proofs, to the Commissioner of Indian Affairs for ultimate decision. And when it shall be decided that the claimant is entitled to redress, special instructions will be issued to the proper agent or sub-agent; and, at the next period of paying the annuity, the amount will be deducted therefrom and paid to the proper person. And the Indians will be informed that such is the decision of the President upon the case.
15. Payments of all annuities will be made in public, and in the presence of whatever persons may choose to attend; and triplicate receipt rolls will be prepared, and will be signed by the proper chiefs of the tribe. These receipt rolls will be witnessed by two or more respectable persons who may attend the payment, and will be duly certified by the persons making and superintending the same; two of these rolls will be forwarded for settlement.
16. The agent or sub-agent will reduce to writing the substance of all the speeches made by the Indians who may be present, and transmit fair copies of the same to the Commissioner of Indian Affairs. These speeches will be certified by the military officers.
17. The abovementioned law provides that no allowance will be made to any military officer for his services, except for his actual travelling expenses. The expenses of transporting the annuity, including a reasonable compensation to a confidential person to aid in the transportation where the amount is large, will be paid upon the production of proper vouchers, and the certificate of the officer making the expenditure. Where, from exposed situations, or from the magnitude of the sum, it may become necessary to provide for the greater security of the funds, instructions will be issued from the Adjutant-general's Office to the respective commanding officers to furnish such a guard as may be required.
It is intended to designate the officers at each station, doing the duty of quartermaster or commissary, to disburse the funds herein referred to: and, as a general rule, the commanding officer of the post will be appointed to aid in superintending the payment. Necessary exceptions from these rules, when they occur, will be provided for.
18. It will be the duty of the agent or sub-agent, and military officers attending these payments, to explain fully to the Indians the provisions of the 16th and 17th sections of the abovementioned act, which prescribe the mode of redress, as well for white persons as Indians, when injuries are committed by one upon the other. And the Indians will, at such times, be enjoined to restrain their own people from committing injuries, not only as the offender is liable to punishment, but because the amount will be deducted from the annuity due to the tribe; and they will also be informed that the law makes adequate provision for their compensation when they are injured by citizens of the United States; but if they endeavour to procure redress by violent means, they become not only liable to punishment, but forfeit all their claims to compensation.
19. The twelfth section of the above-named act having provided that, when any Indian tribe requests it, the annuity due to such tribe may be paid in goods, it will be the duty of the agent or sub-agent, while attending any annuity payment, to communicate this information to the Indians, and to inquire of them whether they desire their next annuity to be paid in money or in goods. Their answer will be signed by the chiefs, certified by the agent or sub-agent, and transmitted to the Commissioner of Indian Affairs; and the Indians will be informed that the next annuity will be paid in the mode pointed out by them, and arrangements will accordingly be made therefor.