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due them by virtue of any treaty or agreement now existing, or that may hereafier exist between them and this State.
Sec. 4. Be it further enacted, That the persons appointed agents for either of said tribes, as aforesaid, shall be sworn or affirmed to, and shall give bonds to the State, with sufficient surety or sureties, to the satisfaction of the Governor and Council, for the faithful discharge of the trust reposed in them by this act, and shall have the care and management of their property, for the use and benefit of said Indians. And all contracts and bargains of every kind, relative to the sale or disposal of trees, timber, or grass, growing or being on said Indians' land, and all lcases or other contraets relative to the improvement of lands which any person may obtain from said Indians, shall be void and of no effect, unless the same shall be examined and approved by the person or persons acting as agents, as afore. said. And no lease of land, or contract for trees; timber, or grass, shall have effect for a longer term than one year; nor shall the agents for either of said tribes, sell or dispose of the trees or timber of said Indians, to an amount exceeding five hundred dollars in any one year.
Sec. 5. Be it further enacted, That the agent or agents for either of said tribes, in his or their names, and in said capacity, may maintain any proper action or actions for any sum due any Indian or Indians of their respective tribes, or for any injury done to them or their property; and all property or money received or recovered by said agents, in their said capacity, shall be by them distributed among the Indians of the tribe for which they are agents, according to their usages, rights, and interest, or otherwise vested in such articles as shall be most useful to said Indians.
Sec. 6. Be it further enacted, That the person or persons appointed agents, as aforesaid, shall keep a true record of their proceedings relative to the trust reposed in them by this act, and correct accounts of all receipts and expenditures of ali moneys and other property that shall come to their hands as such agents, and shall lay the same before the Governor and Council, for inspection and settlement, at least once in every year, and oftener, if required, who are hereby authorized to adjust and settle the same.
[1826.] An additional act for the regulation of the Penobscot and Passama
quoddy tribes of Indians. Be it enacted by the Senate and House of Representatives in Legislature assembled, That the agent or agents of the Penobscot tribe of Indians be authorized, for the use of said tribe, to lease any of the islands belonging to the said tribe, for any term of years not exceeding twelve, and to sell and dispose of the burnt and decaying timber upon the two Indian townships, on the West branch of Penobscot river, for the benefit of such tribe, as said agent or agents may think for their interests: Provided, That such lcases and sales, together with the terms and conditions of the same, be assented to by the Governor, or Lieutenant Governor of the tribes, and approved by the Governor of the State, any thing in the act to which this is additional, to the contrary notwithstanding; the said agent or agents to be sworn, (or affirmed) and give bonds, with surety, for the faithful performance of the trust hereby reposed in them, as required by the act to which this is additional, and to keep a true record of their proceedings and accounts; to render and adjust the same, as required by said act.
Sec. 2. Be it further enacted, That it shall be the duty of the agent or agents of the Penobscot tribe of Indians, to place in the Treasury of the State, the avails of the leases and sales, as provided for in this act, subject to the order of the Governor and Council, whenever, in their opinion, the situation of said tribe require its appropriation, for their benefit; and all leases and sales on credit, shall be at the risk of said agents, and accounted for in money.
Constitution.-[1777.] And whereas it is of great importance to the safety of this State, that peace and amity with the Indians within the same be at all times supported and maintained: And whereas the frauds too often practised towards the said Indians, in contracts made for their lands, have in divers instances been productive of dangerous discontents and animosities: Be it ordained, That no purchases or contracts for the sale of lands made since the fourteenth day of October, in the year of our Lord one thousand seven hundred and seventy-five, or which may hereafter be made with any of the said Indians, within the limits of this state, shall be binding on the said Indians, or deemed valid, unless made under the authority, and with the consent, of the Legislature of this State.
An act for Indian Affairs. WHEREAS it is necessary that commissioners should be appointed to manage
Indian Affairs within this State: Be it therefore enacted by the people of the State of New York represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That it shall be lawful for the person administering the government of this State for the time being, by and with the advice and consent of the Council of Appointment, to appoint three commissioners for Indian Affairs within this State, with power and authority to superintend the conduct and affairs of the Indians, and to perform such acts and things respecting them, as from time to time shall be ordered and directed by the Legislature. AND WHEREAS the Oneida and Tuscarora tribes, inhabiting within this State,
have been distinguished for their attachment to the cause of America, and have thereby entitled themselves to protection; and the said tribes, by their humble petition, having prayed that their lands may be secured to them by the authority of the Legislature; and, it being just that such a settlement should be made of the territorial claims of the said tribes as will give them reasonable satisfaction and secure their future tranquillity: Sec. 2. Be it therefore further enacted by the authority aforesaid, That it shall and may be lawful to and for the said commissioners, and they are hereby authorized and required, to examine into and ascertain the claims of the said Oneida and Tuscarora tribes, and to devise such measures, and make and enter into such propositions and agreements, to secure their contentment and tranquillity, as to the said commissioners shall appear just and .proper: Provided always, that no proposition or agreement for the purposes aforesaid shall be deemed to be conclusive until the same shall be reported to, and ratified by, the Legislature.
[1813.) An act relative to the different Tribes and Nations of Indians within
LAWS REVISED AND RE-ENACTED.
Be it enacted by the People of the State of New York, represented in Senate and Assembly, That if any person, without the authority and consent of the Legislature of this State, shall, in any manner or form, or upon any terms whatsoever, purchase any lands within this State, of any Indian residing therein, or make any contract with any Indian for or concerning the sale of any lands within this State, or shall in any manner give, sell, demise, convey, or otherwise dispose of, any such lands, or any interest therein, or offer so to do, or shall enter on, or take possession of, or settle on, any such lands, by pretext or color of any right or interest in the same,
in consequence of any such purchase or contract, made or to be made, since the fourteenth day of October, one thousand seven hundred and seventy five, and not with the authority and consent of the Legislature of the State, every such person shall, in every such case, be deemed guilty of a public offence, and shall, on conviction thereof before any court having cognizance of the same, forfeit and pay to the people of this State, two hundred and fifty dollars, and be further punished by fine and imprisonment, at the discretion of the court
Section 2. And be it further enacted, That no person shall sue or maintain any action on any bond, bill, note, promise, or other contract, hereafter to be made against any of the Indians called the Stockbridge Indians, or of the Seneca tribe or nation, nor against any Indian residing in Brothertown, or on any lands reserved to the Oneida, Onondaga, or Cayuga Indians; and every person who shall sue or prosecute any such action against any of the said Indians, shall be liable to pay treble cost to the party grieved: Provided, That this section shall not exiend to any action or suit on any contract made before the first day of July, in the year one thousand seven hundred
Section 11. And be it further enacted, That it shall be unlawful for any person or persons, other than Indians, to settle or reside upon any lands belonging to any nation or tribe of Indians within this State; and if any person shall settle or reside on any such lands, contrary to this act, he or she shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished by fine, not less than twenty-five dollars nor more than five hundred dollars, or by imprisonment, not less than one month nor more than six months, in the discretion of the court having cognizance thereof; and it shall be the duty of the courts of oyer and terminer and general sessions of the peace, in the several counties of this State, in which any part of said lands are or may be situated, to charge the grand juries of their respective counties specially to indict all offenders against the provision of this section.
SECTION 19. And be it further enacted, That the tract of land heretofore set apart for the Indians called the New England Indians, consisting of the tribes called the Mohegan, Montock, Stoningion, and Narragansett Indians, and the Pequots of Groton, and Nehanticks of Farmington, shall be and remain to the said Indians, and their posterity, but without any power of alienation by the said Indians, or of leasing or disposing of the same, or any part thereof; and the said tract shall be called Brothertown, and shall
be deemed part of the town of Paris, in the county of Oneida, for all purposes in the general execution of the laws, and the administration of justice, in any of the courts of this state, and any proceeding incident thereto, except in cases provided for by this act.
Sec. 28. And be it further enacted, That it shall be lawful for the person administering the Government of this state, as often as may be necessary, by and with the advice and consent of the Council of Appointinent, to appoint and commission some proper person, learned in the law, to be the attorney of the Brothertown, Oneida, and Stockbridge tribes of Indians, during the pleasure of the said Council; but the person already appointed attorney to the Brothertown Indians, shall continue as the attorney of the said Indians during the pleasure of the said Council; and that the said attorney shall, from time to time, advise and direct the said Indians in the controversies among themselves, and with any other person, and defend all actions brought against any of them by any white person, and commence and prosecute all such actions for them, or any of them, as he may find necessary and proper; and, in the prosecution and defence of any such action, he shall observe and pursue such advice and directions as shall be given him, if any, by the said Superintendents, or person administering the Government of this State; and shall receive, as a compensation for his services and expenses in the premises, the yearly salary of one hundred and fifty dollars, to be paid out of the said interest money.
Sec. 44. And be it further enacted, That an agent for the Onondaga tribe of Indians shall, from time to time, be appointed by the Legislature, during their pleasure, whose duty it shall be to advise and direct the said tribe in controversies among themselves, or with other persons; to cause all actions, instituted against any of the said tribe by any white person, to be defended, and all actions he
think necessary to commence and prosecute on their behalf; and any. trespasses committed by any white person on the lands now possessed by the said Indians, and called the Onondaga Reservation, shall be sued for in the name of the people of this State, and the damages recovered shall be distributed among the said Indians, as he shall think just; and the present agent of the said Indians shall continue in such office till the further pleasure of the Legislature; and any vacancy in the said office during the recess of the Legislature shall be filled by the person administering the Government of this state, until the Legislature shall make a new appointment. And further, such agent shall receive fifty dollars for his services, payable annually, out of any moneys in the Treasury, not otherwise appropriated.
[Passed April 12, 1822.] An act declaring the jurisdiction of the Courts of this state, and par
doning Soo-non-gize, otherwise called Tommy Jemmy. WHEREAS the Seneca, and other tribes of Indians, residing within this State, have assumed the power and authority of trying and punishing, and in some cases capitally, members of their respective tribes, for supposed crimes by them done and committed in their respective reservations, and within this State: AND WHEREAS the sole and exclusive cognizance of all crimes and offences committed within this State, belongs of right to courts holden under the constitution and laws thereof, as a necessary attribute of sovereignty, except only crimes and offences cognizable in the courts deriring jurisdiction under the constitution and laws of the United States: And WEEREAS it has become necessary, as well to protect the said Indian tribes, a to assert and maintain the jurisdiction of the courts of this State, that provision should be made in the premises: Therefore,
Sec. 1. Be it enacted by the People of the State of New York, represented in Senate and Assembly, That the sole and exclusive jurisdiction of trying and punishing all and every person, of whatsoever nation or tribe, for crimes and offences committed within any part of this State, except only such crimes and offences as are, or may be, cognizable in courts deriving jurisdiction under the constitution and laws of the United States, of right belongs to, and is exclusively vested in, the courts of justice of this state, organized under the constitution and laws thereof.
AND WHEREAS it has been represented, that Soo-non-gize, otherwise called Tommy Jemmy, an Indian of the Seneca tribe, has been indicted for the murder of Caughquawtaugh, an Indian woman of the same tribe, which murder is alleged to have been committed within the Seneca reservation, in the couaty of Erie: AND WHEREAS it is further represented, that the said alleged murder was committed under the pretence of authority derived from the councils of the Chiefs, Sachems, and Warriors, of the said tribe; and, under the then existing circumstances, it is deemed by the Legislature expedient to pardon him: Therefore,
Sec. 2. Be it further enucted, That the said Soo-non-gize, otherwise called Tommy Jemmy, be, and he is hereby, fully and absolutely pardoned of and from the said felony.
[1703.] An act for regulating the purchasing of land from the Indians. (Passed
December 13th, 1703.] WHEREAS several ill disposed persons within this Province have formerly presumed to enter into treaties with the Indians, or natives thereof, and have purchased lands from them, such person or persons deriving no title to any part of the soil thereof under the Crown of England, or any person or persons claiming by, from, or under the same, endeavoring thereby to subvert Her Majesty's Dominions in this country:
Sec. 1. Be it therefore enacted by the Governor, Council, and General Assembly, now met and assembled, and by authority of the same, That no person or persons whatsoever, for ever hereafter, shall presume to buy, take a gift of, purchase in fee, take a mortgage, or lease for life or number of years, from any of the Indians, or natives, for any tract or tracts of lands within this Province, after the first day of December, 1703, without first obtaining a certificate under the hand of the Proprietor's Recorder for the time being, certifying such person 'hath a right, and stands entitled to a propriety, or share in a propriety, such person or persons shall produce such certificate to the Governor for the time being, in order to obtain a license to purchase such quantities of land or number of acres from the Indians or natives aforesaid, as such certificate mentions.
Sec. 2. Be it further enacted by the authority aforesaid, That if any person or persons shall presume to buy, purchase, take gift, or mortgage, or