20. Where an annuity is payable in goods, either by law, by treaty, or at the request of the Indians, such goods will be purchased by contract, to be based upon proposals previously issued. Such proposals will be issued under the direction of the Secretary of War, and by a person to be designated by him, and will give at least thirty days' previous notice. Such notice will specify the amount required, the time and place of delivery, and will describe, as minutely as practicable, the kinds and quality of the various articles required. In determining the kind and quality of the articles, regard must be had to the habits and tastes of the tribe for whom such articles are designed. Of this, the proper superintendent, agent, or sub-agent, must judge, unless the Indians themselves shall decide the matter. With this view, the subject will be explained to them at every annuity payment, and, if they see fit, the various articles, in the proportions to be indicated by them, will be purchased accordingly for the next payment. The mode of determining the quantity will be as follows: if, for instance, the annuity due to the tribe be ten thousand dollars, the proposals will state that such a portion of that amount, say two thousand dollars, will be for blankets—such a portion, say two thousand dollars, for strouds—such a portion, say one thousand dollars, for calicoes—such a portion, say five hundred dollars, for powder—such a portion, say five hundred dollars, for tobacco—and so on; designating the proportional part which shall be assigned to each particular object. The goods will be transported to the place of delivery at the sole expense of the contractor, and kept there at his risk until delivered by the proper officers to the Indians. In all cases, patterns of blankets, strouds, and such other articles as cannot be described with sufficient precision, will be deposited at some convenient place for inspection, and the articles to be furnished will be in conformity therewith. If they are not in such conformity, they will be liable to the proceeding subsequently described herein.
21. The agent or sub-agent, and military officers attending the payment, will particularly examine all the articles, and will take care that they are of the proper quality, so that full justice shall be done to the Indians. In case the goods are not upon the spot, it shall be referred to them whether they will receive the money, or wait till the goods can be procured, either at that or the succeeding season. If they choose to receive the money, it shall be immediately procured, and paid to them on the principle before described. If they prefer the goods, such goods shall be procured by a new contract, the same season if practicable; but if there is not time then, it shall be done at the next season. But if the goods are ready for delivery, and are found defective in quality, then the Indians shall also be called upon to decide whether they will receive such articles as are found defective, or whether they wish the payment to be made as is provided in this article. If they prefer the latter, the proceedings above described will take place; but if they agree to accept the defective articles at such a price as the agent or sub-agent and military officer may fix, then such persons will ascertain the difference in value between the articles so delivered, and those required to be delivered, and shall deduct double the amount thereof from the sum to be paid to the contractor, and pay the same to the Indians. But if the agent or sub-agent and military officer are satisfied that the quality of the articles is such that it would not be proper for the Indians, under any circumstances, to receive them, then they will explain the matter without referring the question to the Indians, and will proceed in other respects as before described.
22. Forms of notices for proposals for goods, and for contracts for the same, will be prepared and transmitted by the Commissioner of Indian Affairs. Every contractor will be required to give bond in twice the amount to be furnished, with at least three sufficient securities, whose solvency and respectability shall be known to the officer making the contract, or to respectable persons known to him.
23. Goods for the Indians will be delivered in the same manner as is provided in the delivery of specie. They will be divided into separate shares, or be handed over in bulk, as the Indians may choose. The contracts will be transmitted to the Commissioner of Indian Affairs, with the receipt rolls of the Indians as vouchers for the settlement of the accounts. No portion of the money will be paid until after the goods are actually received by the Indians.
24. In order to preserve the proper authority of the agent or sub-agent with the Indians, the agent or sub-agent will be the organ of communication at all annuity payments.
Officers employed in the Indian Department, under the Act for the Organization of the Indian Department,—approved June 30th, 1834.
Superintendent.
William Clark, St. Louis, compensation 1500 dollars per annum.
J. J. Ruland, Clerk, St. Louis, 1000 dollars per ann.