1st Session. INDIANS. LAWS OF THE COLONIAL AND STATE GOVERNMENTS, RELATING THE INDIAN INHABITANTS. MARCH 19, 1830. Printed by order of the House of Representatives, and under the direction of the Committee on Indian Affairs. [Note by the Committee.-The dates prefixed to the several laws have, many instances, been adopted upon no better authority than the date of the edition or revisal of the laws of the respective colonies or States in which they were formed; accuracy, therefore, cannot be expected.] MASSACHUSETTS. For settling the Indians' title to lands in this jurisdiction. It is declared and ordered by this Court, and authority thereof, That what lands any of the Indians in this jurisdiction have possessed and improved, by subduing the same, they have just right unto, according to that in Gen. 1. 28, and Chap. 9. 1, and Psal. 115, 16. And for the further encouragement of the hopeful work amongst them, for the civilizing and helping them forward to Christianity, if any of the Indians shall be brought to civility, and shall come among the English to inhabit, in any of their plantations, and shall there live civilly and orderly, that such Indians shall have allotments amongst the English, according to the custome of the English in like case. Further it is ordered, That if, upon good experience, there shall be a competent number of the Indians brought on to civility, so as to be capable of a township upon their request to the General Court, they shall have grant of lands undisposed of, for a plantation, as the English have. And further it is ordered by this Court, That if any plantation or person of the English, shall offer injuriously to put any of the Indians from their planting grounds, or fishing places, upon their complaint, and proof thereof, they shall have relief in any of the Courts of Justice amongst the English, as the English have. And further it is ordered by this Court and the authority thereof, and be it hereby enacted, That all the tract of land within this jurisdiction, whether already granted to any English plantations or persons, or to be granted by this Court, (not being under the qualification of right to the Indians) is, and shall be accounted the just right of such English as already have, or hereafter shall have grånt of lands from this Court, and the authority thereof, from that of Gen. 1. 28, and the invitation of the Indians. SEC. 2. And it is ordered, That no person whatsoever shall henceforth buy land of any Indian without license first had and obtained of the General Court; and if any offend herein, such land so bought shall be forfeited to the country. Nor shall any person sell, give, or barter, directly or indirectly, any gun or guns, powder, bullets, shot, lead, to any Indian whatsoever, or to any person inhabiting out of this jurisdiction: Nor shall any amend or repair any gun belonging to any Indian, nor shall sell any armour or weapons, upon penalty of ten pounds for every gun, armour, or weapons, so sold, given, or bartered, five pounds for every pound of powder, forty shillings for every pound of shot or lead, and proportionably for any greater or lesser quantity. [1633–37.] For explaining the law. tit. "INDIANS.” This Court doth declare the prohibition there exprest, referring to the purchase of Indian land without licence from this Court, is to be understood, as well grants for term of years, as for ever, and that under the same penalty as in the said law is exprest. [1665.] 3. Whereas the French and Dutch, and other foreign nations, do ordinarily trade guns, powder, and shot, with Indians, to our great prejudice, and strenghening and animating the Indians against us: and the aforesaid French, Dutch, &c. do prohibit all trade with the Indians within their respective jurisdictions, under penalty of confiscation, &c. It is therefore ordered, That it shall not be lawful for any Frenchman, Dutchman, or any person of any other foreign nation whatsoever, or any English dwelling amongst them, or under them, or any of them, to trade with any Indian or Indians within the limits of our jurisdiction, directly or indirectly, by themselves or others, under penalty of confiscation of all such goods and vessels as shall be found so trading, or the due value thereof, upon just proof of any goods or vessels so trading or traded. And it shall be lawful for any person or persons, inhabiting within this jurisdiction, to make seizure of any such goods or vessels trading with the Indians; one half whereof shall be for the proper use and benefit of the party seizing, and the other half to the country. [1650.] 4. And because the trade of furss with the Indians in this jurisdiction, doth properly belong to this Commonwealth, and not unto particular persons: It is therefore ordered, That henceforth no person or persons, directly or indirectly, shall trade with the Indians for any sort of peltry, excepting only such as are authorized by this Court, or by such committee as this Court shall appoint from time to time, under the penalty of one hundred pounds fine for every offence; ten pounds whereof shall be to the informer, the rest to the country. Whereas several orders for preventing drunkenness amongst the Indians have been made, yet, notwithstanding, there is little or no reforma tian: for the prevention thereof, and the frequent effects thereof, murder and other outrages amongst them. This Court doth order, That no person of what quality or condition soever, shall henceforth sell, truck, barter, or give, any strong liquors to any Indian, directly or indirectly, whether known by the name of rum, strong waters, wines, strong beer, brandy, cyder, perry, or any other strong liquors, going under any other name whatsoever, under the penalty of forty shillings for one pint; and so proportionably for greater or lesser quantities, so sold, bartered, or given, directly or indirectly, as aforesaid. And for the better execution of this order, all trucking houses erected (not allowed by this Court) shall be forthwith demolished. And for the better effecting of this order, it is declared that one-third part of the penalty shall be granted to the informer. It is also ordered, That special care shall be had by the Grand Jury of every shire court, to inquire and present to the court what they finde to discover matter tending to such practice, against the true intent of this law. And all other orders giving liberty to sell strong liquors to the Indians, are hereby repealed; and all licences formerly granted, are hereby disabled and called in: Provided always, That it is not intended that this law extend to restrain any person from any charitable act, in relieving any Indian (bona fide) in case of suddain extremity, by sickness or fainting, which calls for such help, nor exceeding one dram, nor when any physitian shall prescribe in way of physic, any of the particulars before mentioned; so as, upon sight of his direction in writing, there be allowance had, under the hand of one magistrate; or where no magistrates in the town residing, being under the hands of the Town Commissioners, or two of them.[May, 1657.] 6. This Court, considering the necessity of restraining the Indians from whatsoever may be a means to disturb our peace and quiet, Doth order, That henceforth no person or persons inhabiting within this jurisdiction, shall, directly or indirectly, any wayes give, sell, barter, or otherwise dispose of any boat, skiffe, or any greater vessel, unto any Indian or Indians whatsoever, under the penalty of fifty pounds, to be paid to the country treasurer, for every such vessel so sold, or disposed, as aforesaid.-[1656.] 7. It is ordered by this Court, That, in all places within this jurisdiction, the English shall keep their cattle from destroying the Indians' corn, in any ground where they have right to plant; and, if any of the corn be destroyed, for want of fencing or herding, the town shall make satisfaction, and shall have power among themselves to lay the charge where the occasion of the damage did arise: Provided, That the Indians shall make proof that the cattle of such a town, farm, or person, did the damage. An act of the Province of Massachusetts Bay, passed 1693-4, for the better rule and government of the Indians in their several plantations. To the intent that the Indians may be forwarded in civility and Christianity, and that drunkenness and other vices be the more effectually suppressed amongst them: Sec. 1. Be it enacted and ordained by the Governor Council and Representatives in General Court assembled, and it is enacted by the authority of the same, That his Excellency the Governor, by and with the advice and consent of the Council, may, and is hereby, empowered to appoint and commissionate one or more discreet persons within several parts of this Province, to have the inspection and more particular care and government of the Indians in their respective plantations; and to have, use, and exercise, the power of a justice of the peace over them in all matters, civil and criminal, as well for the hearing and determining of pleas betwixt party and party, and to award execution thereon, as for the examining, hearing, and punishing, of criminal offences, according to the acts and laws of the Province, so far as the power of a justice of the peace does extend: as, also, to nominate and appoint constables and other proper and necessary officers amongst them. Sec. 2. And be it further enacted by the authority aforesaid, That no person or persons whosoever, shall directly or indirectly sell, truck, barter, or give to any Indian, any strong beer, ale, cider, perry, wine, rum, brandy, or other strong liquors, by what name or names soever called or known, on pain of forfeiting the sum of forty shillings for every pint, and proportionably for any greater or lesser quantity so sold, trucked, bartered, given, or delivered, to any Indian, directly or indirectly, as aforesaid, upon conviction thereof before a justice of the peace, where the penalty does not exceed forty shillings; and, if it exceed that sum, at the sessions of the peace to be holden for the same county where the offence is committed: one moiety of all such forfeitures to be unto their majesties, for and towards the support of the Government; and, the other moiety, to him or them that shall inform and prosecute the same, by bill, plaint, or information; and, if the offender be unable, or shall not forthwith pay and satisfy the said penalty or forfeiture, then to be committed to the goal of the county, there to remain until he pay and satisfy the same, or suffer two months imprisonment: Provided, this act shall not be intended, or extend to restrain any act of charity for relieving any Indian, (bona fide) in any sudden exigent, or faintness, or sickness, not to exceed one or two drams; or, by prescription of some physician in writing, or by the allowance of a justice of the peace. And for the better discovery of such ill-disposed persons, who, through greediness of filthy lucre, shall privately sell or deliver strong liquors, or strong drink to any Indian or Indians: (of which it is difficult to obtain positive evidence, other than the accusation of such Indian or Indians,) and, to the intent, that murders and other outrages frequently occasioned thereby, may be prevented, It is ordained and enacted, That the accusation and affirmation of any Indian, with other concurring circumstances, amounting to an high presumption, in the discretion of the court, or justices who have cognizance of the case, (the accuser and accused being brought face to face at the time of trial) shall be accounted and held to be a legal conviction of the person so accused, of giving, selling, or delivering wine, rum, or any other strong drink |