y treaty made with a foreign nation, or by a
cession of any State to the United States, which lands shall not
have been previously sold, ceded, or leased by the United States, or the
claim to which lands, by such person or persons, shall not have been
previously recognized and confirmed by the United States; or if any
person or persons shall cause such lands to be thus occupied, taken
possession of, or settled; or shall survey, or attempt to survey, or
cause to be surveyed, any such lands; or designate any boundaries
thereon, by marking trees, or otherwise, until thereto duly authorized
by law; such offender or offenders shall forfeit all his or their right,
title, and claim, if any he hath, or they have, of whatsoever nature or
kind the same shall or may be to the lands aforesaid, which he or they
shall have taken possession of, or settled, or caused to be occupied,
taken possession of, or settled, or which he or they shall have
surveyed, or attempt to survey, or the boundaries thereof he or they
shall have designated, or cause to be designated, by marking trees or
otherwise. And it shall moreover be lawful for the President of the
United States to direct the marshal, or the officer acting as marshal,
in the manner hereinafter directed, and also to take such other
measures, and to employ such military force as he may judge necessary
and proper, to remove from land ceded, or secured to the United States,
by treaty, or cession, as aforesaid, any person or persons who shall
hereafter take possession of the same, or make, or attempt to make a
settlement thereon, until thereunto authorized by law. And every right,
title, or claim forfeited under this act shall be taken and deemed
to be vested in the United States, without any other or further
proceedings."
In March, 1833, the act of 1807 was revived with special reference to
the Iowa country to which the Indian title was, in accordance with the
Black-Hawk treaty of 1832, to be extinguished in June. It was made
"lawful for the President of the United States to direct the Indian
agents at Prairie du Chien and Rock Island, or either of them, when
offenses against the said act shall be committed on lands recently
acquired by treaty from the Sac and Fox Indians, to execute and perform
all the duties required by the said act to be performed by the marshals
in such mode as to give full effect to the said act, in and over the
lands acquired as aforesaid." Thus it is plain that the
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