with any nation of Indians, may, at such treaties, give any reasonable quantity of rum, as by them shall be thought necessary, any thing herein contained to the contrary notwithstanding. [1744.] An Act for the speedy trial of capital offences, committed by any Indian t or Indians, in the remote parts of the Province. To the end that all capital offences, which have been, or hereafter shall be, committed by any Indian or Indians, within the bounds of this Province, in places remote from inhabitants, may receive the most speedy and impartial trials: Be it enacted by the honorable George Thomas, Esq. with the King's royal approbation Lieutenant Governor, under the Honorable John Penn, Thomas Penn, and Richard Penn, Esquires, true and absolute Proprietaries of the Province of Pennsylvania, and of the counties of New Castle, Kent, and Sussex, on Delaware, by and with the advice and consent of the Representatives of the Freemen of the said Province, in General Assembly met, and by the authority of the same, That all murders, manslaughters, homicides, felonies, and offences, whatsoever, and accessaries of the same, which, by the laws or acts of Assembly of this province, are declared capital, or felonies punishable by death, which already have been committed, perpetrated, or done, or shall hereafter be committed, perpetrated, or done, by any Indian or Indians, within this province, in places remote from inhabitants, as aforesaid, all and every such offence and offences, in whatsoever place and county the same hath happened, or shall happen, shall henceforth be inquired of, heard, adjudged, and determined, before the Justices of the Supreme Court, or the Justices of the Courts of Oyer and Terminer and General Gaol Delivery to be held in the county of Philadelphia, by indictments, inquests, and verdicts, to be taken of good and lawful men, inhabitants of the same county, in like manner and form as if such capital offence or offences had been committed, perpetrated, or done, within the said county, any law or usage to the contrary thereof in any wise notwithstanding. MARYLAND. An act for ascertaining the bounds of a certain tract of land to the use of the Nanticoke Indians, so long as they shall occupy and live upon the same. It being most just that the Indians, the ancient inhabitants of this Province, should have a convenient dwelling place in this their native country, free from the encroachments and oppressions of the English, more especially the Nanticoke Indians, in Dorchester county, who, for these many years, have lived in peace and concord with the English, and, in all matters, in obedience to the government of this Province; we, the burgesses and delegates of this present General Assembly, therefore, do pray that it may be enacted, SEC. 2. And be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of Her Majesty's Governor, Coun cil, and Assembly, of this Province, and the authority of the same, That all the land, lying and being in Dorchester county, and on the North side of Nanticoke river, butted and bounded as followeth: Beginning at the mouth of Chickawan creek, and running up the said creek; bounded, therewith, to the head of the main branch of the same; and from the head of the said main branch, with a line drawn to the head of a branch issuing out of the Northwest fork of Nanticoke, known by the name of Francis Anderson's branch; and from the head of said branch, down the said Anderson's branch; bounded, therewith, to the mouth of the same, where it falls into the said Northwest fork; and from thence, down the aforesaid Northwest fork; bounded, therewith, to the main river; and so down the main river, to the mouth of the aforesaid Chickawan creek; shall be confirmed and assured, and, by virtue of this act, is confirmed and assured unto Panquash and Annotoughquan, and the people under their government or charge, and their heirs and successors forever, any law, usage, custom, or grant, to the contrary, in anywise, notwithstanding, to be held of the lord proprietary, and his heirs, lord proprietary, or lords proprietaries, of this province, under the yearly rent of one beaver skin, to be paid to his said lordship, and his heirs, as other rents in this province by the English used to be paid. SEC. 3. Provided always, That it shall or may be lawful for any person or persons, that hath formerly taken up and obtained any grants from the Lord Baltimore, for any tracts or parcels of land within the aforesaid boundaries, upon the Indians deserting or leaving the said land, to enter, occupy, and enjoy the same; any thing in this law to the contrary notwithstanding. SEC. 4. And be it further enacted by the authority aforesaid, That it may not, nor shall be lawful for the Lord Baltimore to ask, have, or demand, any rent or service for any of the, said tracts or dividends as may or have been taken up as aforesaid, within the said Indian boundaries, until such time that the takers up, or owners aforesaid, do enjoy or possess the same, any law, usage, or custom, to the contrary notwithstanding. [1711.] An act to empower Commissioners to appoint, and cause to be laid out, three thousand acres of land on Broad Creek, in Somerset county, for the use of the Nanticoke Indians, so long as they shall occupy the same. Whereas it is represented to this present General Assembly, that the land formerly laid out for the use of the Nanticoke Indians is now much worn out, and not sufficient for them, and that it is thought advisable that some further provision be made for them: SEC. 2. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of her Majesty's President, Council, and Assembly of this Province, and the authority of the same, That Lieutenant Colonel George Gale, Mr. Samuel Worthington, Captain Charles Ballard, and Mr. Benjamin Wales, be, and are hereby, appointed Commissioners to cause three thousand acres of land to be laid out where the said Indians are now settled, in Somerset county, on Broad creek, in Nanticoke river, and the same to appoint to the use of the said Indians, for so long as they shall occupy the same; and further, to cause such land to be valued in such manner as is hereinafter expressed, that is to say: the said Commissioners, or any three of them, shall, some time before the twenty-fifth day of March next, meet together, and make out their warrant to the sheriff of Somerset county, which said sheriff is hereby required, upon receipt of such warrant, to impannel and return a jury of the most substantial freeholders of the said county, to be and appear before the said Commissioners, upon the said land, at the time in such warrant appointed; which jury, upon their oaths, to be to them administered by the Commissioners, or any three of them, shall inquire, assess, and return, what damages and recompense they shall think fit to be awarded to the owners of such land, and all persons interested therein, according to their several and respective interests; and what sum of tobacco the said jury shall adjudge the said land to be worth, shall be paid to the owners, and all persons interested therein, by the public of this province. SEC. 3. And, to the end that the bounds of the said land may be ascertained, and the Commissioners aforesaid and jury the better enabled to judge of the true value thereof, the said Commissioners are hereby empowered to employ the surveyor of the county aforesaid, or some other skilful person, in their presence to survey, lay out, and bound the same, which said lines, so as aforesaid laid out, shall be marked on trees, or other land marks, to perpetuate the bounds thereof; the said Commissioners to return fair certificates of their proceedings to the clerks of the provincial court, and Somerset county court, for the time being, to be by them recorded in the said respective courts. SEC. 4. And be it enacted by the authority aforesaid, That, when such land is laid out and paid for by the public as aforesaid, the property thereof shall, by virtue of this act, be vested in the Honorable Colonel Thomas Ennalls, and Lieutenant Colonel George Gale, and their heirs, to and for the use of the said Indians, so long as they shall occupy the same, and afterwards shall be disposed of as the General Assembly of this province shall direct. SEC. 5. And, that such laying out and payment as aforesaid, and this act, shall forever bar the heir or heirs at law, or his or their assigns, or any other persons whatsoever, of the reversion or remainder, right, claim, or demand, whatsoever, of, in, or to, the said land, or any part or parcel thereof, any law, usage, or custom, to the contrary notwithstanding. [1723.] An act for quieting the possessions of the Indians inhabiting on Nanticoke and Choptank rivers. Whereas the Indians inhabiting on Nanticoke and Choptank rivers, have complained to this General Assembly of several encroachments made into the ancient bounds and limits of their lands heretofore granted them by the lord proprietors, and confined by several acts of Assembly of this province: for remedy whereof, and to prevent complaints of like nature for the future, SEC. 2. Be it enacted by the right honorable the lord proprietor, by and with the advice and consent of his lordship's Governor, and the Upper and Lower Houses of Assembly, and the authority of the same, That the Nanticoke Indians, and their descendants, shall have, hold, occupy, possess, and enjoy, a full, peaceable, and uninterrupted possession of all that tract of land lying between the Northwest fork of Nanticoke river and Chicucone creek, for and during such space of time as they or any of them shall think fit to use, and shall not wholly and totally desert and quit claim to the same, according as the same is butted and bounded by an act of Assembly of this pro vince, made in the year of our Lord sixteen hundred and ninety-eight, entitled "An act for ascertaining the bounds of a certain tract of land, to the use of the Nanticoke Indians, so long as they shall occupy and live upon the sane;" and that the said Indians shall not, at any time hereafter, sell, dispose of, or lease for term of years, any part or parcel of the aforesaid lands, to any person or persons whatsoever; and that the Choptank Indians and their descendants, so long as they shall occupy or claim, and shall not totally desert the same, shall hold and possess, quietly and peaceably, all that tract of land lying in Dorchester county, on Choptank river, according to the metes and bounds thereof, surveyed and returned by the Honorable Philemon Lloyd, Esquire, Colonel Richard Tilghman, and Colonel Matthew Tilghman, ward commissioners, appointed by his honor the Governor to ascertain and lay out the same, pursuant to an act of Assembly of this province, made in the year of our Lord seventeen hundred and twenty-one, that survey being found pursuant and agreeable to the intent and design of one act of Assembly, made at the city of St. Mary's, in the year of our Lord sixteen hundred and sixty-nine, by which that land was granted to the said Indians. SEC. 3. And be it further enacted, That the Choptank Indians aforesaid at any time hereafter, shall not, on any pretence whatsoever, alienate, dispose, sell, or let to farm, any part or parcel of the lands before mentioned, except that part thereof which lies to the Eastward, Southward, and Westward of those lines, formerly run from the head of Secretary Sewall's creck, to the bounded tree of William Dorrington, by Colonel Thomas Smithson and Lieutenant Colonel Thomas Ennalls, as the exterior bounds of the aforesaid land, pursuant to an ordinance of Assembly then made; and that, if any person shall presume to purchase or lease any part thereof, (except as before excepted) such purchase or lease shall be utterly void, and of none effect. SEC. 4. And it is hereby further enacted, That no lease for term of years, or for life, already made, shall be of any force or effect, longer than seven years after the end of this session of Assembly; and that those persons who hold, by virtue of any such lease, from the said Indians, be, and are hereby, obliged punctually and faithfully to pay and satisfy to such Indian or Indians, under whom they hold, the several and respective rents contracted for; and, if any person shall refuse or delay to pay such rent yearly, as it becomes due, such lease shall become void, and it shall and may be lawful for any justice of the peace, within the county where such rent shall arise and become due, and remaining unpaid, upon complaint to him made by such Indians, to issue warrant, give jndgment, and award execution for the same, in the same manner as in the act for recovery of small debts is provided. SEC. 5. And be it further enacted, That all sales, gifts, grants, or leases, made by any of the Indians aforesaid, since November, seventeen hundred and twenty-one, of any of the lands lying on the South side of Secretary Sewall's creek aforesaid, and the Southern branch thereof, and within the lines run by Colonel Thomas Smithson and Lieutenant Colonel Thomas Ennalls, as aforesaid, being contrary to an ordinance of Assembly then made, be, and are hereby, declared to be null, void, and of no effect. Sec. 5. Provided nevertheless, That such surveys and purchases which have already bona fide been made since November, seventeen hundred and twenty-one, or which hereafter shall be bona fide made of any of the Choptank Indian lands, comprehended within the metes and bounds surveyed and ascertained by the Ilonorable Philemon Lloyd, Esquire, Colonel Rich ard Tilghman, and Colonel Matthew Tilghman, ward commissioners as aforesaid, and lying to the Eastward, Southward, or Westward of the lines run by Colonel Thomas Smithson and Lieutenant Colonel Thomas Ennalls, aforesaid, be, and are hereby, confirmed and made valid unto the purchasers or takers up of the same, and their heirs and assigns, forever, any thing in this act to the contrary notwithstanding. SEC. 7. Provided likewise, That such purchases by any person or persons, of any lands belonging to the Choptank Indians aforesaid, be made when the Indians are sober, and of sound and perfect memory, and the consideration agreed for, paid, or secured to be paid to them, by such purchasers, before the executing of the deeds of sale; and that all deeds of sale hereafter made by the Indians aforesaid, shall be acknowledged by them before the justices of the county, in court sitting, or before one or more of his lordship's Council, who are hereby empowered to take the same, otherwise to be void, and of no effect. VIRGINIA. Indians to be first served with lands. Be it enacted by this present Grand Assembly, That there be no grants of land to any Englishman whatsoever, (de futuro) until the Indians bet first served with the proportion of fiftie acres of land for each bowman; and the proportion of each particular towne to lie together, and to be surveyed, as well woodland as cleered ground; and to be layd out before pattented, with libertie of all waste and unfenced land, for hunting for the Indians. And be it further enacted, That, where the land of any Indian or Indians be found to be included in any pattent allreadie granted for land at Rappahannock, or the parts adjacent, such pattentee shall either purchase the said land of the Indians, or relinquish the same, and be therefore allowed satisfaction by the English inhabitants of the said places, the said satisfaction to be proportioned equally between them. [1658.] Confirmation of Indians' land. WHEREAS many complaints have bin brought to this Assemblie, touchinge wrong done to the Indians, in takeing away their land, and forceing them into such narrow streights and places, that they cannot subsist, either by planting or hunting; and for that it may be feared, they may be justly driven to despaire, and to attempt some desperate course for themselves; which inconveniences, though they have bin endeavored to be remedied by former acts of Assemblie made to the same purpose, yet, notwithstanding, manie English doe still intrench upon the said Indians' land; which this Assembly conceiveing to be contrary to justice, and the true intent of the English plantation in this country, whereby the Indians might, by all just and faire waies, be reduced to civillity, and the true worship of God, have therefore thought filt to ordeine and enact, and bee it hereby ordained and enacted, That all the Indians of this collonie shall and may hold and keep those seates of land. |