Imatges de pàgina
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[1813.]

in act relative to the different Tribes and Nations of Indians within this State.

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 extend to any action or suit on any contract made before the first day of July, in the year one thousand seven hundred and ninety.

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, Stonington, 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 Appointment, 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 may 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 pardoning 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 deriv

ing jurisdiction under the constitution and laws of the United States: AND WHEREAS it has become necessary, as well to protect the said Indian tribes, as 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 county 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 enacted, 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.

NEW JERSEY.
[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

ease, of any land, contrary to this present act, he or they so offending shall forfeit forty shillings, money of this Province, for each acre of land so obtained, to be recovered by any person or persons who shall prosecute the same to effect, by action of debt, in any court of Record within this province, one half to the use of Her Majesty, her heirs and successors, towards the support of the Government, and the other to the prosecutor: Provided always, That such purchasers, their heirs and assigns, shall for ever hereafter be incapable to hold plea for the said land in any court of common law or equity. SEC. 3. And be it further enacted by the authority aforesaid, That all and every person and persons whatsoever, that have bought, taken gift of, or have purchased land in fee, or taken mortgages, or leases for life, or number of years, of the Indians or natives, who is and are not entitled to such tract or tracts of land by virtue of a right or title to the same derived from the Crown of England, or from any person or persons claiming by, from, or under the same, such gifts, purchases, mortgages, lease or leases, is and are hereby declared, and for ever hereafter shall be taken, deemed, and esteemed, illegal, null, and void; and such person or persons, their heirs and assigns, shall not be capable to hold plea for the same in any court of common law or equity, at any time hereafter, unless such person or persons claiming under such Indian gift, purchase, mortgage or lease, shall, within the space of six months after the publication of this act, take out a grant or grants from the present proprietors, for the several tracts of lands so claimed by them respectively, on such conditions as shall be agreed upon with the proprietors.

Revised Laws of New Jersey-published in 1821, in one volume.

SEC. 69. And be it enacted by the authority aforesaid, That the court or justices, before whom any negro, Indian, or mulatto slave, shall be convicted of any offence not punishable with death, shall have authority to impose, instead of the punishment by this act prescribed, such corporal punishment, not extending to life or limb, as such court or justices, in their discretion, shall direct.

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An act respecting Slaves.

And be it enacted, That whenever any Habeas Corpus shall be brought to remove any negro, mulatto, Mestee, or Indian, before the Supreme Court out of the possession or custody of any person or persons claiming the services of such negro, mulatto, Mestee or Indian, for life, years, or other term, the person or persons to whom the said Habeas Corpus is directed, may, in the return to the same writ, aver and set forth, that he, she, or they, has or have lawful right to the personal services of said negro, mulatto, Mestee or Indian, for life, years, or other term, as the case may be: Whereupon, the prosecutor shall, instanter, join issue by denying the right of the defendant or defendants to the personal service of such negro, mulatto, Mestee, or Indian, either for life, years, or other term; and immediately upon the joinder of the said issue, the court shall award a venire facias to the Sheriff or Coroner, as the case may be, or require of the county in which such party defendant resides, commanding him or them to summon a jury, to appear at the next Circuit Court to be held in such county, for the tryal of the issue so joined as aforesaid.

PENNSYLVANIA.

[1700.]

An Act against buying land of the Indians.

Be it enacted by the Proprietary and Governor, by and with the advice and consent of the Freemen of the Province and Territories, in General Assembly met, and by the authority of the same, That, if any person presume to buy any land of the natives, within the limits of this Province and Territories, without leave from the Proprietary thereof, every such bargain of purchase shall be void, and of no effect.

[1721.]

An act to prohibit the selling of rum, and other strong liquors, to the Indians, and to prevent the abuses that may happen thereby.

WHEREAS the peaceable, wise, and prudent measures which the late Honorable William Penn, Esq. our most worthy Proprietor, took with the native Indians, at his first coming into and settling of this Province, has been, under God, the happy foundation and groundwork of the tranquillity and perfect good understanding hitherto preserved between the English inhabitants of this colony and their native Indians: AND WHEREAS the misunderstandings and fatal breaches which have lately happened in some of the neighboring colonies, between the English and the adjacent Indian nations, are well known to have proceeded from the irregularities and abuses committed by those who travel into the woods, in order to trade promiscuously with the Indians as they return from hunting, whereby they have opportunity, first, to debauch the natives with great quantities of rum and strong spirits, and then cheat them of their peltry: For the prevention of which evil and wicked practices for the future

Be it enacted by Sir William Keith, Bart. Governor of the Province of Pennsylvania, &c. by and with the advice and consent of the Freemen of the said Province, in General Assembly met, and by the authority of the same, That no person whatsoever, otherwise than is hereinafter declared, shall sell, barter, or give, to any Indian or Indians, or to any other person for their use, nor by any means, directly or indirectly, furnish, or cause to be furnished, any Indian or Indians, with any rum, wine, or other strong liquors, mixed or unmixed, under the penalty of twenty pounds for each offence; one half to the Governor, for support of government, and the other half to the informer, or such person or persons as will sue for the same; to be recovered in any court of record within this Province, by action of debt, bill, plaint, or information, wherein no assoin, protection, or wager of law, shall be allowed to the defendant.

And be it further enacted by the authority aforesaid, That, in case any rum, or other spirits, above the quantity of one gallon, be carried amongst the Indians, at their towns, or beyond the Christian inhabitants, the person carrying the same, or he in whose possession the same shall be found, shall forfeit and pay the sum of twenty pounds, to the uses aforesaid, to be recovered in manner aforesaid: Provided always, That the Governor and Council, or persons by them authorized and appointed to hold treaties

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