Imatges de pÓgina
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NORTH CAROLINA.

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(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 enucted 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 aforesard, 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; und 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,

Szc. 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 person, 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 ar parsel of land claimed, or in possession of any Indian or Indians, bat all

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such bargains and sale shall be, and are hereby declared to be, null and void, and of none effect; and the person so purchasing or buying any land of any Indian or Indians, shall further forfeit the sum of ten pounds, proclamation money, for every hundred acres by him purchased and bought, one half to the use of the public, the other half to him or them that shall sue for the same; to be recovered, by action of debt, 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.

(1778.] An uct for quieling and securing the Tuscarora Indians, and others

claiming under the Tuscaroras, in the possession of their lands.

1. Be it enacted, &c. That Whittnell Tuffdick, chief or !eadman of the Tuscarora nation, and the Tuscarora Indians, now living in the county of Bertie, shall have, hold, occupy, possess, and enjoy, all the lands lying in the county of Bertie aforesaid; whereof they are now seized and possessed, (being part of the lands heretofore allotted to the Indians aforesaid, by solemn treaty, and confirmed to them and their successors, by act of Assembly, in the year one thousand seven hundred and forty-cight.) without let, molestation, or hindrance, clear of all quit-rents, or any public demand, by way of tax whatever to them, the said Tuscarora Indians, and their heirs and successors; and that they the said Tuscaroras, and their heirs and successors, shall forever be clear and exempt from every kind of poll-tax.

2. And whereas the said Tuscarora Indians, by nature ignorant, and strongly addicted to drinking, may be easily imposed on by designing persons, and unwarily deprived of their said lands:

Be it enacted, That no person, for any consideration whatever, shall hereafter purchase, buy, or lease, any tract or parcel of land, now claimed by, or in possession of the said Tuscarora Indians, or any of them; nor shall any person settle on or cultivate the said lands, or any part thereof, in his own right, or under pretence as acting as overseer for the Indians; and if any person shall, hereafter, purchase, bay, or lease, any lands of the said Indians, or settle on or cultivate any part thereof, in his own right or as overseer for the Indians, all such purchases, sales, leases, and agreements, shall be, and they are hereby, declared null and void; and the person so purchasing, buying, or leasing, settling on, or cultivating, the said lands, or any part thereof, shall forfeit and pay the sum of three hundred pounds, current money, for every hundred acres by him so purchased, bought, or leased, settled on, or cultivated, as aforesaid; one half to the use of the said Tuscarora Indians, the other to the use of him or her who shall sue for same; to be recovered by action of debt, bill, plaint, or information, in any court having cognizance thereof; Provided, That the said Tuscarora Indians may sell or dispose of their lands, or any part thereof, with consent of the General Assembly first had and obtained.

3. And whereas the chieftains and head men of the Tuscarora nation, living in the county, did, on the twelfth day of July, in the year one thousand seven hundred and sixty-six, for the consideration of fifteen hundred pounds, to them paid, by Robert Jones, Jun. William Williams, and Thomas Pugh, by indenture, under their hands and seals, demise, grant, and to farm let. unto the said Robert Jones, William Williams, and Thomas Pugh, a certain tract of land, lying in the county aforesaid, containing about eigh

thousand acres, more or less, bounded as follows, to wit: Beginning at the mouth of Deep Creek, otherwise called Falling Run; thence running up the said creek to the Indian head line; thence byt he said line, South seventeen degrees East, twelve hundred and eighty poles; thence a course parallel with the general current of the said creek to Roanokc river, and then up the river to the beginning; together with the appurtenances thereto belonging, to be held and enjoyed by the said Robert Jones, William Williams, and Thomas Pugh, their executors, administrators, and assigns, in severalty, for and during the term of one hundred and fifty years, as may more fully appear by the said indenture, registered in the county court of Bertie aforesaid, and ratified by act of Assembly, passed at Newbern, in the year one thousand seven hundred and sixty-six:

Be it enacted, That each and every of the persous entitled to claim under the demise aforementioned, or by grants from the persons claiming under the same, or either of them, and their heirs and assigns, shall and may have, hold, occupy, possess, and enjoy, the several shares, dividends, or parcels of the said land to them belonging, in as full, free, and absolute manner, and with the same legal privileges and advantages, in every respect, and subject to the same taxes, as if the said land had been originally granted to the said Robert Jones, William Williams, and Thomas Pugh, by Lord Grenville or by this State.

4. And whereas the said Tuscarora Indians, for good and sufficient reasons, and for valuable considerations, have, since the twelfth day of July, one thousand seven hundred and sixty-six, and previous to the first day of December last, demised, granted, and to farm lct, sundry tracts; or parts of land, lying in said county of Bertie, to sundry persons, as by indentures duly executed may more fully appear:

Be it enacied, That all the lands contained in the last mentioned demises, if the said demises were fairly, bona fide, and without fraud, made by, and obtained from, the said Tuscarora Indians, since the year one thousand seven hundred and sixty-six, and previous to the first day of December last past, shall not be decreed vacant lands, or be liable to be entered as such in the land office, unless the General Assembly shall hereafter so direct; but, Levertheless, shall be subject to the same taxes as other lands in this State are liable to.

5. And whereas, it is suggested by the said Tuscarora Indians, that unfair dealing has been used in obtaining one or more of the demises aforementioned; and they, the said Indians, have, at present, no mode for obtaining redress in such cases:

Be it therefore enacted, That the commissioners hereinafter mentioned, or a majority of them, shall and may, upon complaint of the said Tuscarora Indians, in court or meeting assembled, that any person or persons has or have unfavorably or fraudulently obtained any grant or demise for lands to them belonging, since the year one thousand seven, hundred and sixty-six, and previous to the first day of December last, summon the person or persons so complained against, or cause him or them to be, summoned, to appear before them on a certain day, on the land in dispute, (giving at least ten days notice previous to the day in such summons appointed) then and there to answer the complaints of the Indians, for having fraudulently or unfairly obtained a grant or demise of the land in question; and shall also summon, or cause to be summoned, a jury of twelve men, being freeholders in the said eounty of Bertie, and not resident on, or owners of, any lands purchased of the said Tuscarora Indians; and the said commissioners, or a majority of them, shall attend at the time and place appointed, with the jury aforesaid, and having first sworn the jury to try and determine fairly between the said Indians, and the person or persons complained against, shall and may cause witnesses to be examined on both sides, and receive the verdict of the jury, and return the same, with the pannel, to the next county court of the said county of Bertie, to be entered upon record; and such verdict shall be as good and effectual as if obtained in any court of record; and if the same be general, the said commissioners, or a majority of them, shall and may appoint one or more person or persons to carry the same into execution; but if special, then the court shall decide thereon, and cause the sheriff of the county to carry such decision into execution.

6. And whereas the said Indians are often injured by horses, cattle, and hogs, driven on their lands by the white people, the said horses, cattle, and hogs, breaking into their inclosures, and destroying their corn and other effects; and are also frequently deprived of their property, and abused by ill disposed persons: for remedy whereof, and also for recovery of rents and demands now due, or which may hereafter become due and owing to the said Tuscarora Indians:

Be it enacted, That William Williams, Thomas Pugh, Willie Jones, Simon Turner, and Zedekiah Stone, be, and they are hereby, appointed commissioners for the said Indians; and they, or any three of them, shall and may inquire into the complaint made by the said Indians, summon the persons complained against before them, and award such restitution and redress as to them shall seem just and necessary; and may appoint an officer or officers to serve subpænas, and execute such awards and determinations as they shall or may make in regard of the premises; and the court of the said county of Bertie is hereby authorized and required to fill up, from time to time, by new appointments and vacancies which may happen among the commissioners, by death or resignation; and upon complaint of the chief or headman of the nation, and the rest of the Indians, in court or meeting properly assembled, against any one of the commissioners for misbehavior, may inquire into the conduct of the person or persons complained against, remove him or them if necessary, and appoint another or others in his or their stead.

Sec. 7. And be it further enacted, That the lands leased by the said Tuscarora Indians to Robert Jones, jr. Wm. Williams, and Thomas Pugh, and to other persons, shall revert to, and become the property of the State, at the expiration of the terms in the several leases mentioned, if the said nation be then extinct: and the lands now belonging to, and possessed by, the said Tuscaroras, shall revert to, and become the property of the State, whenever the said nation shall become extinct, or shall entirely abandon or remove themselves off the said lands, and every part thereof: Provided, That no person shall have any preference of entry to any of the said lands by virtue of

any lease or occupancy whatsoever since December, one thousand seven hundred and seventy-six, whenever the General Assembly shall declare the said lands to be vacant.

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