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which they now have; and that no person or persons whatsoever, be suffered to intretch or plant upon such places as the said Indians claime or desire, untill full leave from the Governour and Councill, or Commissioners for the place; yet this act not to be extended to prejudice those English which are now kated with the Indians' former consent, unless, uppon further examination before the Grand Assemblie, cause shall be found for so doeing. And the said Commissioners shall be accomptable before the Governour and Councill, and the Grand Assembly, if any wrong or injurie be done to the Indians, contrary to the intent of this act.
And be it further enacted, That the Indians, as either now or hereafter, shall want seates to live on, or shall desire to remove to any places void or uptaken upp, they shall be assisted therein, and order granted them, for confirmation thereof; and no Indians to sell their lands but at Quarter Courtes: And that those English which are lately gone to seate neare the Pamunkies, and the Chichompinyes, on the North side of Pamunkie river, shall be recalled, and such English to choose their seates elsewhere; and that the Indians, as by a former act was granted them, shall have free liberty of hunting in the woods without the English fenced plantations; these 'places excepted, between Yorke river and James river, and between Black water and the Manakin towne, and James river; and no pattent shall be adjudged vahd, which hath lately passed, or shall pass, contrary to the sense of this act, nor none to be of force, which shall intrench uppon the Indians' lands, to their discontent, without express order for the same.
11660.] WHEREAS the Indians of Accomack have complained that they are very much straightened for want of land, and that the English seat so neare them, that they receive very much damage in theire corne. It is ordered that the Right Honourable the Governour give commission to two or three gen lemen, with a surveyor living on this side of the bay, (that have no re ation to Accomack) to go over thither, and lay out such a proportion of land for the said Indians, as shall be sufficient for their maintenance with hunting and fishing excluded; and that the land soe laid out, to be so secured to the Indians that they may have no power to alienate it, or any part of it, hereafter, to the English.
An act concerning Indians. WHEREAS, at a Grand Assembly, held at James City, September 10th, 1663, it was provided that where any murther was committed by the Indians upon the English, the nexte turne of the Indians was to use their utmost endeavours for discovering the actors and doers thereof, and in regard the said act was only lymited upon the northern Indians: This Grand Assembly have thought fit to enact, and it being enacted, That the said law be made a generall law against all Indians whatsoever, and where any murthers be committed upon the English, the nexte turne is to use all their care and diligence in finding the doers and actors of the said murthers.
And be it further enacted, That if any Englishman is murthered, the nexte turne shall be answerable for it with their lives or liberties to the use of the publique, and that the Right Honourable the Governour, be humbly requested forthwith to empower such persons as His Honour shall think
fitt, in each county on such occasions for putting the said law into immediate execution, and that it be made knowne to all Indians whatsoever by these persons soe commitimated within two months after the said law is in force.
And be it further enacted by this Grand Assembly, That the said Indians shall not have power within themselves to elect or constitute their owse werowance or Chiese Commander, but the pi esent Honourable Governour, and his successors from time to time shall constitute and authorize such persons in whose fidility they may finde the greatest cause to repose a confidence, to be the Commander of the respective townes; and in case the Indians shall refuse their obedience to, or murther such persons, then that nation of Indians soe refusing or offending to be accompted enemies and rebels and to be proceeded against accordingly.
And whereas the careless manner of the English, in going unarmed into churches, courts, and other publique meetings, may probably in time invite the Indians to make some desperate attempt upon them,
It is further enacted, That the Honourable the Governour, be requested to issue his commands to the officers of the malitieo to take care to prevent the same. . And it is further enacted, That any person or persons that shall harbour, entertaine, or employ any Indian, shall be fined five thousand pounds of tobacco, or suffer one year's imprisonment without bayle or maineprise, unles such as shall give sufficient security to the county courts, and upon such security, obteyne a certificate from the said court, and upon that certificate a lycence from the Governour.
And whereas by the former articles of agreement, it was provided. that no Indians which are seated on the South side of James river, should come over the Black water or the Southerne branches thereof.
It is hereby enacted, That the said bounds, from the head of Blackwaler to the Apamatack Indian towne, and thence cross the river to the Monikon towne, be the bounds of the Indians on the South side of James river.
[1705.] An act for prevention of misunderstandings between the tributary. In
dians and other her Majesty's subjects of this colony and dominion, and for a free and open trade with all Indians whatever.
1. For prevention of all manner of animosities, jealousies, fears, misunderstandings, and differences, whatsoever, between the tributary Indians and other her Majesty's subjects of this colony and dominion; as, also, the several revenges and mischiefs which may thereupon be sought after, and ensue,
2. Be it enacted by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That it shall not be lawful for an Indian king, or any other of the said tributary Indians whatsoever, to bargain and sell, or demise to any person or persons, other than to some of their own nation, or their posterity, in fee, for life, or for years, the lands laid out and appropriated for the use of the said Indians, or any part or parcel thereof; or to bargain and sell, as aforesaid, any other land whatsoever, now actually possessed, or justly claimed and pretended to by the said Indiaps, or any of them, by virtue of the articles of peace made and concluded with the said Indians the twentyninth day of May, one thousand six hundred and seventy seven, or by virtue of any other right or title whatsoever; and that every bargain, sale, or demise, hereafter made, contrary to this act, as aforesaid, shall be, and is hereby declared to be, null and void, to all intents, constructions, and purposes, whatsoever.
3. And be it further enacted by the authority aforesaid, That, if any person or persons (other than the Indians and their posterity) shall, from and after the publication of this act, presume to purchase or obtain any deed or conveyance in fee, or any lease for years, from any of the tributary Indians, of any lands, tenements, or hereditaments, laid out or appropriated, or now actually possessed, or justly claimed and pretended to, by, the said Indians; or shall occupy or tend any of the said lands, by permission of the said Indians, or otherwise, every person or persons so offending, and being thereof lawfully convicted in any court of record within this colony, shall forfeit and pay the sum of ten shillings current money for every acre of land so purchased, leased, or occupied: and for every year during the continuance of the possession or occupation of any lands, by virtue of such purchase or lease, the person or persons so offending shall forfeit and pay the sum of ten shillings current money for every acre of land so possessed or occupied, as aforesaid; one moiety of which said forfeitures shall be to our sovereign lady the queen, her heirs and successors, for and towards the better support of the government of this her majesty's colony and dominion, and the contingent charges thereof, and the other moiety to the informer; to be recovered by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law, shall be allowed.
[1776.] Bxtract from the Constitution or form of Government, agreed to, and
resolved upon, by the Delegates and Representatives of the several Counties and Corporations of Virginia.
ART. 21. The territories contained within the charters erecting the colonies Maryland, Pennsylvania, North and South Carolina, are hereby eeded, released, and forever confirmed to the people of those colonies respectively, with all the rights of property, jurisdiction, and government; and all other rights whatsoever, which might at any time heretofore been claimed by Virginia, except the free navigation and use of the rivers Potomac and Pohomoke, with the property of the Virginia shores or strands bordering on either of the said rivcrs, and all improvements which have been, or shall be, made thereon. The Western and Northern extent of Vir. ginia shall, in all other respects, stand as fixed by the charter of King James I. in the year one thousand six hundred and nine, and by the public treaty of peace between Great Britain and France, in the year one thousand seven hundred and sixty-three; unless, by act of Legislature, one or more territories shall hereafter be laid off, and governments established Westward of the Allegany mountains. And no purchase of lands shall be made of the Indian natives, but on behalf of the public, by authority of the General Assembly.
[1777.] An act for establishing a General Court. . Sec. 38. No person convicted of perjury shall be capable of being a witness in any case, nor shall any negro, mulatto, or Indian, be admitted to give evidence but against or between negroes, mulattoes, or Indiaas.
[1715.] An act for restraining the Indians from molesting or injuring the inha
bitants of this Government, and for securing to the Indians the right and property of their own lands.
1. WHEREAS, before the late war, daily and grievous complaints of the depredations and insults of the Indians were exhibited against them by divers persons bordering upon and residing near to the habitations of the said Indians: for the prevention of the like disorders for the time to come, and for cultivating a better understanding with the said Indians, the want of which has been so injurious to the Government:
Sec. 2. Be it enacted by his Excellency the Palatine, and the rest of the true and absolute Lords Proprietors of the Province of Carolina, by and with the advice and consent of the rest of the Members of the General Assembly, now met at Little river, for the northeast part of the said
Province, and it is hereby enacted by the authority of the same, That whoever shall discover or find any Indian or Indians, killing, hunting, or in pursuit of, any horses, cattle, or hogs, the right and property whereof is in any white man inhabiting within this Government, every such person or persons, on discovery or sight thereof, may, and he is hereby empowered, to apprehend and seize every such Indian or Indians, and him or them so apprehended and taken, to convey before some one of the commissioners to be appointed for Indian affairs, and for want of such, before the next magistrate, which said commission or magistrate, together with the ruler or head man of the town to which such Indian delinquent may belong, is and are hereby empowered to punish every such delinquent in such manner as the nature of the offence may require, and to award restitution to the party injured for all damages by him sustained; savirg always the right of appeal to the Governor and Council, if either party shall think themselves aggrieved or wronged therehy. . Sec. 3. And be it further enacted by the authority aforesaid, That if any difference shall for the future arise between any white man and Indian, concerning trade, or otherwise howsoever, every such difference shall be heard, tried, and determined, by such commissioners as the Governor or Commander-in-chief for the time being shall appoint, together with the ruler or head man of the town to which the Indian belongs; saving only the right of appeal, as hereinbefore saved and excepted.
SEC. 4. And whereas there is great reason to believe that disputes concerning land has already been of fatal consequence to the peace and welfare of this colony, Be it further enacted by the authority aforesaid, That no white man shall, for any consideration whatsoever, purchase or buy any tract or parcel of land, claimed, or actually in possession of any Indian, without special liberty for so doing from the Governor and Council first had and obtained, under the penalty of TWENTY POUNDS for every hundred acres of land so bargained for and purchased, one half to the informer and the other half to him or them that shall sue for the same: to be recovered by bill, plaint, or information, in any court of record within this Government; wherein no essoin, protection, injunction, or wager of law, shall be allowed or admitted of.
Sec. 5. And be it further enacted by the authority aforesaid, That Whatever white man shall defraud or take from any of the Indians his goods, or shall beat, abuse, or injure his person, each and every person so offending shall make full satisfaction to the party injured, and shall suffer such other punishment as he should or ought to have done, had the offence been committed to an Englishman.
[1748.) An act for ascertaining the bounds of a certain tract of land, formerly
laid out by treaty to the use of the Tuscarora Indians, so long as they, or any of them, shall occupy and live upon the same; and to prevent any person or persons taking up lands, or settling within the said bounds, by pretence of any purchase or purchases made, or shall be made, from the said Indians.
WHEREAS, complaints are made by the Tuskerora Indians, of divers encroachments made by the English on their lands, and it being but just that the ancient inhabitants of this Province shall have and enjoy a quiet and convenient dwelling place in this their native country: Wherefore,
Sec. 2. We pray it may be enacted, And be it enacted by his Excellency Gabriel Johnston, Esquire, Governor, by and with the advice and consent of his Majesty's Council and General Assembly of this Province, and it is hereby enacted by the authority of the same, That the lands formerly allotted the Tuskerora Indians, by solemn treaty, lying on Morottock river, in Bertie county, being the same whereon they now dwell; butted and bounded, as follows, viz: Beginning at the mouth of Quitsnoy swamp; running up the said swamp four hundred and thirty poles, to a scrubby oak, near the head of the said swamp, by a great spring; then north, ten degrees east, eight hundred and fifty poles, to a persimmon tree on Raquis' swamp; then along the swamp and Pocosin main course, north fifty-seven degrees west, two thousand six hundred and forty pole, to a hickory on the east side of Falling Run or Deep Creek, and down the various courses of the sand run to Marattock river; then down the river to the first station; shall be confirmed and assured, and, by virtue of this act, is confirmed and assured, unto James Blount, Chief of the Tuskerora Nation, and the people under his charge, their heirs and successors, forever; any law, usage, custom, or grant, to the contrary notwithstanding.
Sec. 3. Provided always, That it shall and may be lawful for any per-, son, or persons, that have formerly attained any grant or grants, under the late lords proprietors, for any tracts or parcels of land within the said aforcsaid boundaries, upon the said Indians deserting or leaving the said lands, to enter, occupy, and enjoy the same, according to the tenor of their several grants; any thing herein to the contrary notwithstanding. "
Sec. 4. And be it further enacted by the authority aforesaid, That it shall not, nor may be lawful, for the Lord Granvilles' receiver to ask, have, or demand, any quit rents for any of the said tracts or parcels of lands, taken up within the said Indian boundaries, as aforesaid, until such time the Indians have deserted the same, and the patentee be in possession thereof; and then only for such rents as shall from thence arise and become due; any law, usage, or custom, to the contrary notwithstanding.
Sec. 5. Be it further enacted by the authority aforesaid, That no person, for any consideration whatsoever, shall purchase or buy any tract dr parcel of land claimed, or in possession of any Indian or Indians, but all