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United States v. Perryman U.S. 235 (1880)

handle is hein.slavery/ussccases0433 and id is 1 raw text is: Oct. 1879.]   UNITED STATES  . PERRIAAN.

UNITED STATES V. PERRYMAN.
1. An Indian, whose property within the Indian country is stolen by a negro,
is not entitled to any payment therefor out of the treasury of the United
States.
2. The legislation touching the liability of the United States for the property of
friendly Indians which is taken, injured, or destroyed, examined.
APPEAL from the Court of Claims.
The facts are stated in the opinion of the court.
ir. Assistant Attorney- General Smith for the United States.
3ir. Robert S. -avis, contra.
MR. CHIEF JUSTICE WAITE delivered the opinion of the
court.
This suit was brought to enforce an alleged liability of the
United States, under sects. 2154 and 2155 of the Revised
Statutes, to pay the value of twenty-three head of beef cattle,
stolen from the claimant, a friendly Indian, within the Indian
country.
These sections are as follows :
SECT. 2154. Whenever, in the commission, by a white per-
son, of any crime, offence, or misdemeanor within the Indian coun-
try, the property of. any friendly Indian is taken, injured, or
destroyed, and a conviction is had for such crime, offence, or
misdemeanor, the person so convicted shall be sentenced to pay
to such friendly Indian to whom the property may belong, or
whose person may be injured, a sum equal to twice the just value
of the property so taken, injured, or destroyed.
SECT. 2155. If such offender shall be unable to pay a sum at
least equal to the just value or amount, whatever such payment shall
fall short of the same shall be paid out of the treasury of the United
States. If such offender cannot be apprehended and brought to
trial, the amount of such property shall be paid out of the treasury.
But no Indian shall be entitled to any payment out of the treasury
of the United States, for any such property, if he, or any of the
nation to which he belongs, have sought private revenge, or have
attempted to obtain satisfaction by any force or violence.
This is a substantial reproduction of sect. 16 of the act
entitled An Act to regulate trade and intercourse with the

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