Books: Legends, Traditions, and Laws of the Iroquois, or Six Nations, and History of the Tuscarora Indians
E >>
Elias Johnson >> Legends, Traditions, and Laws of the Iroquois, or Six Nations, and History of the Tuscarora Indians
Pages:
1 |
2 |
3 |
4 |
5 |
6 | 7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18
"_Regulations in regard to former demises_.--4. And whereas, the
said Tuscarora Indians, for good and sufficient reasons, and for valuable
consideration, 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 let sundry tracts or parcels of land lying
in said county of Birtie to sundry persons, as by indentures duly
executed may more fully appear: Be it enacted. That all the land
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
deemed vacant lands, or be liable to be entered as such in the Land
Office, unless the General Assembly shall hereafter so direct, but
nevertheless shall be subject to the same taxes as other lands in this
State are liable to.
"_Method of trial for demises alleged to have been unfairly
obtained_.--5. And whereas, it is suggested by the Tuscarora Indians,
that unfair dealings have been used in obtaining one or more of the
demises aforementioned, and that they, the said Indians have at present
no mode of obtaining redress in such cases. Be it therefore enacted, that
the commissioners herein mentioned or a majority of them, shall and may,
upon complaint of the said Tuscarora Indians, in court or meeting
assembled, that a person or persons has or have unfairly 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 best ten days' notice previous to the
day in such summons appointed), then and there to answer the complaint 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 county of Birtie
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, receive the verdict of the
jury and return the same, with the panel, to the next County Court of the
said county of Birtie, to be entered upon the 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 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.
"_Commissioners for Indian affairs_.--6. And whereas the said
Indians are often injured by horses, cattle and hogs, driven on their
lands by white people, the said horses, cattle and hogs breaking into the
enclosure and distroying their corn and other effects, and are also
frequently deprived of their property, and abuses by ill disposed
persons; for remedy whereof, and also for recovery of suits or 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 complaints 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 subpoena as, and to execute such
awards and determinations as they shall or may make in regard of the
premises; and the court of said county of Birtie, is hereby authorized
and required to fill up, from time to time, by new appointments any
vacancies which may happen among the commissioners by death or
resignations; and upon complaint of the chiefs or head men of the nation,
and the rest of the Indians, in court or meeting properly assembled,
against any 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.
"_Reversion of Indian lands_.--7. And be it further enacted, that
the lands leased by the said Tuscarora Indians to Robert Jones, Jr.,
William Williams and Thomas Pugh, and to other persons, shall revert and
become the property of the State, at the expiration of the terms of the
several leases mentioned, if the said nation be 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 whatever, since December, one thousand seven hundred and
seventy-six, whenever the general assembly shall declare the said lands
to be vacant."
Read three times and ratified in general assembly, the 2d day of May, A.
D. 1778.
Signed by
WHITMILL HILL, S. S.
THOMAS BENBURY, S. C.
LAWS OF NORTH CAROLINA, A. D. 1780, CHAPTER 167. PAGE 406, VOL. I, BY
POTTER, TAYLOR & YANCEY.
"An Act to amend an act, entitled an act for quieting and securing the
Tuscarora Indians, and others claiming under the Tuscaroras, in the
possession of their lands.
"1. Whereas, By the said act there is no penalty imposed on the jurors or
witnesses duly summoned, and failing to attend.
"_Attendance of Jurors_.--2. Be it enacted, &c., That the
commissioners by the said act appointed, or any three of them, assembled
for the purpose of holding a court, shall, and may inflict fines on
jurors or witnesses so failing to attend, not exceeding one hundred
pounds, at their discretion; and unless sufficient excuse be to them
afterwards shown, cause the same to be levied and applied towards
defraying the county expenses of Birtie; and witnesses and jurors who
shall attend on the trial of any dispute between the said Tuscaroras and
others, shall have and receive ten dollars per day for their attendance,
to be paid by the party cost with all other cost: and such trials may
hereafter be had on the part of the lands belonging to said Tuscaroras,
Birtie County, which commissioners shall direct."
Read three times and ratified in general assembly, the 10th day of May,
A. D. 1780.
Signed by
ALEX. MARTIN, S. S.
THOMAS BENBURY. S. C.
* * * * *
LAWS OF NORTH CAROLINA, A. D. 1801, CHAPTER 608, PAGE 965, VOL. 2, BY
POTTER, TAYLOR & YANCEY.
"James Turner, Esq., Governor.
"At the general assembly begun and held at Raleigh, on the fifteenth day
of
November, in the year of our lord one thousand eight hundred and two, and
in the thirty-seventh year of the independence of said State.
"An Act for the relief of the Tuscarora Nation of Indians.
"Whereas, the Indians composing the Tuscarora nation, have, by their
chief Sacarrissa, and others, regularly deputed and authorized, requested
the concurrence of the general assembly of this State, to enable them to
lease or demise, for a number of years, the residue of their lands
situated in the county of Birtie, in such a manner that the whole of the
said leases shall terminate at the same period.
"_Chiefs authorized to lease their lands_.--1. Be it enacted, &c.,
That the said chiefs Sacarrissa, Longboard and Samuel Smith, or a
majority of them, be and they are hereby authorized to lease and to farm
let the undemised residue of the lands allotted to the Tuscarora Nation
in Birtie County, for a term of years that shall expire and end when the
lease made by the Tuscarora Nation to Robert Jones and others, in the
year of our Lord one thousand seven hundred and sixty-six, shall end and
expire; and also extend the term or terms of the leases already made or
granted for a shorter term, to a term or terms which shall expire at the
same time with the said lease made in the year one thousand seven hundred
and sixty-six, in such parcels and on such rents and conditions as may be
approved by the commissioners appointed in pursuance of this act and
which may best promote the interest and convenience of the said Indian
nation.
"And, whereas, some difficulties have arisen respecting the receipt and
payment on the rents of some of the present leases.
"_To make alterations with respect to rents_.--2. Be it further
enacted, That the said chiefs, or a majority of them, be, and they arc
hereby authorised to make such alterations, by covenant and agreement,
respecting the payment and receipt of any rents due, or that may become
due on any of the existing leases, as the commissioners appointed in
pursuance of this act, or a majority of them shall approve.
"Whereas, the said Indian chiefs are ignorant of the usual forms of
business, and may want advice and assistance in transacting the business
respecting their lands, for remedy whereof and to prevent their being
injured.
"_Governor to appoint three commissioners to carry this act into
effect_.--3. Be it further enacted, That the Governor shall appoint
three commissioners for the purpose of carrying the provisions of this
act into effect; and no lease, grant, demise, covenant or agreement made
by the said Indian chiefs as aforesaid, respecting said lands, or the
rents thereof, shall be good or valid in law, unless the same shall be
approved by the said commissioners, or a majority of them, and such
approbation shall be expressed in writing and annexed or endorsed on such
lease, covenant or agreement, and registered in the Register's Office in
the county of Birtie, together with said lease or agreement; and the said
commissioners shall receive the sum of twenty shillings per day for their
compensation and expenses, to be paid out of the monies received by the
said chiefs on leasing said lands.
"_Possessions of the tenants to be deemed the possessions of the
Tuscarora Indians_.--4. And be it further enacted. That the occupancy
and possession of the tenants under the said lease, heretofore confirmed
by act or acts of the general assembly, and such leases as may be made
under this act, shall be held and deemed in all cases whatsoever, the
occupancy and possession of the said Tuscarora Nation, to all intents and
purposes, as if said nation, or the Indians thereof, or any of them,
actually resided on said lands.
"Whereas, The said chiefs, Sacarrissa, Longboard, and Samuel Smith, being
duly and freely authorized and empowered by the said Tuscarora Nation,
have consented that the Indians' claim to the use, possession, and
occupancy of said lands shall cease and be extinguished, when the said
lease made in the year one thousand seven hundred seventy-six, to Robert
Jones and others, shall expire.
"_The land to revert to the state_.--5. Be it enacted, That from and
after the twelfth day of July, which shall be in the year One Thousand
nine and sixteen, the whole of the lands alloted to the said Tuscarora
Indians, by act of General Assembly passed at Newbern, on the fifteenth
day of October, in the year of our Lord One Thousand seven hundred and
forty eight, shall revert to, and become the property of the state, and
the claim thereto, from that time, be held, and deemed forever
extinguished.
"_If any of the lands be vacant it is not to be entered but by an
express act_.--6. And be further enacted, After the said lands shall
revert to the State, if the same or any part thereto, shall be vacant,
the same shall not be liable to the entry or entries of any person or
persons, without an express act of the legislation to that effect;
Provided always, That it shall not be lawful for any person or persons to
make any entry or entries on the said lands, after the passing of this
act. Provided always, That nothing in this act contained shall be
construed so as to effect the title of any individual; Provided
nevertheless, That no lot or parcel of lands laid off under the direction
of said commissioners, shall exceed two hundred acres; And Provided
further, That no lease shall be made but by public auction, of which due
notice shall be given in the Halifax and Edenton newspapers."
* * * * *
ACTS OF ASSEMBLY FROM 1821 TO 1825, PAGE 13, CHAPTER 13, STATE LIBRARY.
"An act concerning the lands held under leases from the Tuscarora tribe
of Indians.
"Whereas it is represented to this General Assembly, in behalf of persons
holding lands under leases, for a long term of years from the Tuscarora
tribe of Indians, that they are subject to great inconveniences from
their estates being mere cattle interest: For remedy whereof,
"Be it enacted by the General Assembly of the State of North Carolina,
and it is hereby enacted by the authority of the same.
"That the estates in lands now held by certain individuals, under leases
for a term of years from the Tuscarora tribe of Indians, made in
pursuance of certain acts of the General Assembly of this State, shall be
hereafter considered real estate; shall decend to, and be devided among
the heirs of any intestate, subject to dower and tenancy by courtesy, and
other incidents to real estate, and its liabilitiy to execution, and its
conveyance and devise, shall be governed by the same rules as are now
prescribed in the case of real estate held in fee simple; Provided that
nothing herein contained, shall be so construed as to give to the
individuals holding the said term of years, a right to enjoy the same for
a longer period than is designated in the leases executed by the
Tuscarora Indians, in pursurance of acts of the General Assembly of this
state, nor as to give to said individuals any right which by the
constitution of this state, is exclusively confirmed to the freeholders."
* * * * *
LAWS OF NORTH CAROLINA FROM 1827 TO 1831, PAGE II, VOL. I, CHAPTER XIX,
IN STATE LIBRARY. ACT OF NOV. 17TH, 1828.
"An act concerning the lands formerly occupied by the Tuscarora tribe of
Indians lying in Bertie County, on the north side of Roanoke river.
"Whereas the Tuscarora Indians have for more than a century been the firm
and undividing friends of the white people of this country, insomuch that
the people of North Carolina not only render to them full and complete
Justice, but also to exercise towards them that spirit of generosity
which their conduct has merrited: Therefore,
"I. Be it enacted by the General Assembly of the State of North Carolina,
and is hereby enacted by the authority of the same, that William R. Smith
of Halifax, Simon J. Barker, of Martin and William Brittin of Bertie, be,
and they are hereby appointed commissioners for the purpose of
advertising and selling in manner hereinafter directed, the above named
tract of land bounded as follows, to wit: beginning at the mouth of
Quitsnoy swamp; running up the swamp 430 poles to a scrubby oak, near the
head of said swamp by a great spring; thence north 10 degrees east 850
poles, to a persimmon tree, on Raquis Swamp; thence along the swamp and
Pocasin main course north 57 degrees west 2,640 poles, to a hickory on
the east side of Falling Run on Deep Creek, and down the various courses
of said Run to Roanoke River; then down the river to the first station.
"II. And be it further enacted, That the title so to be sold by said
commissioners shall be understood to extend only to the reversion of the
State in said lands after the expiration of the lease from the Indians,
under which they are now held, and after the ratification of this act,
and notice thereof to the commissioners, it shall be their duty to
proceed forthwith to advertise in the newspapers most convenient to the
premises, and also in five of the most public places in the counties of
Bertie, Halifax and Martin, including the court houses in said counties,
that a sale of said lands, according to the provisions of this act, will
take place on Tuesday of the ensuing March term of the Superior Court of
Birtie county, that is, on the 17th day of March next; and it shall be
the duty of the said commissioners to attend to the aforesaid time and
place, and offer in the court house yard, at public sale to the highest
bidder, the said lands, according to advertisement, subject however to
the lease aforesaid, and the commissioners shall have power to continue
or postpone the sale from day to day until the end of the week, and
should they, by unavoidable accident or otherwise be prevented from
selling all or any part of the lands during the same week, it shall be
their duty to advertise in like manner, for two months next preceding the
following September term of the Bertie court, and to sell at said term,
as is heretofore directed, at the March term, and said commissioners
shall be empowered to put up said lands in such parcels as they may deem
most advantageous for selling, and that they shall give the purchasers a
credit of twelve months on one-half the purchase money, and a credit of
twelve months on the other half; Provided always, that the purchaser
shall deliver to the commissioners bonds with good and sufficient
security for the same, payable to the Governor of the State.
"III. And be it further enacted, That should the commissioners upon
offering said lands as aforesaid perceive that they were likely to be
sacrificed, or to sell for an amount greatly below their value, it shall
be their duty forthwith to discontinue the sale, and it shall be the duty
of the commissioners after making sale, or if no sale be made,
immediately after September next to make report to the public Treasurer
of the State of all such proceedings that they may have had under this
act and also to hand over to him all such bonds as they may have taken
from purchasers; and it shall be the duty of the Secretary of State, upon
a certificate from the Treasurer of payment of the purchase money and a
certificate from the commissioners of the boundaries of the land so
purchased, to grant a title of release from the State of North Carolina
to such persons as may be reported purchasers by said commissioners under
the act of Assembly.
"IV. And be it further enacted, That it shall be the duty of the public
Treasurer to collect the money on said lands when they shall become due
and hold the same subject to the order of the Tuscarora tribe of Indians;
and whenever such order shall be presented, properly and duly
authenticated, by said tribe or nation of Indians, it shall be his duty
to pay the same over accordingly; Provided always that upon paying such
monies, the Public Treasurer shall take from said Indians or agents, a
full and complete release of all such claim, pretence of title, as they
now make or ever may have to the aforesaid tract of lands.
"V. And be it further enacted, That the commissioners shall be allowed
each the sum of three dollars for every day that they shall necessarily
be employed in examining said lands, or in attending the sale of same, to
be paid out of the funds arising from the sale.
"VI. Be it further enacted, That if it should appear at any time
thereafter that the said Indians have parted with their claims, or
contracted for the same, so that in fact the benefit of the sale shall,
agreeable to the provisions of this act, revert to the State."
Governor John Owen, Esq., appointed as commissioners, William R. Smith,
of Halifax; Simon J. Baker, of Martin; and William Brittain, of Birtie;
to sell the Tuscarora lands in pursuance to the lease effected by the
help of the General Assembly, Nov. 17, 1823, of which they reported to
William Roberts, Public Treasurer--in bonds the sum of $2977.87, payable
in installments of one and two years from the 17th day of March, 1829,
which are on file in the Public Treasurer's Office. And on Nov. 21, 1831,
William S. Mahon, the Public Treasarer, re-reported cash in bonds for
sale of Tuscarora lands--
Principle............................... $1400.27.
Interest................................ 30.74.
Total................................... $1431.01.
Another report of the same man January, 1832, that all has been
collected, and remains in the treasury, subject to the order of the
Indians. $3,220.71-1/4.
Paid on May 3ist, 1831, and found on file.
"For this amount paid Bates Cooke, being their agent to receive the same
under the Act of Assembly of 1828, $3,220.71-1/4."
In about the year 1818, the New York Indians, (which includes the
Tuscaroras), were engaged in a stipulation, to buy a tract of land from
the Menomonees and Winnebagoes, which was questioned in Congress about
the validity of a contract on purchases of lands between Indian nations.
But Congress did concur in the stipulation made between the New York
Indians of the first part, and the Menomonees and Winnebagoes of the
second part, for lands lying in Green Bay, Wisconsin, bought and paid for
by the former according to the stipulation concluded in the year 1822.
For the payment of the said land above, I can only speak for the
Tuscaroras. The precise amount paid I am unable to state. But a tax was
made on the nation; children paid twenty-five cents each, adults paid
more according to their ability; the amount obtained in this way I am
unable to state. They also gave their annuities of two years, which they
drew from the government, and also two hundred dollars in money which
they loaned from the Oneida Indians (which they afterwards refunded).
All those goods and moneys were paid to the Menomonees and Winnebagoes,
as their part of the Green Bay lands. These facts I obtained of the widow
of Jonathan Printup, an honorable chief of the Tuscarara nation, by whom
was entrusted with the goods and money for the payment of said lands,
which he faithfully performed, and was accompanied as delegates by Dr.
John Patterson and James Cusick, who were appointed to the honorable
office of purchasing a tract of land for a future home of their people. I
am indebted to the widow of Dr. John Patterson, and also his brother
Harry, for information which corroborates with that of the widow above
mentioned, and also of other old people.
In a short time afterwards, the Menomonees denied the contract in various
ways, they denied the efficiency of the Chiefs who signed the treaty, and
also denied of having received any payment, and also denied the boundary
of the land ceded. This naturally created difficulty and discord between
them, and kept growing worse from year to year. But the Winebagoes never
denied any of the denials of the Menomonees.
In a treaty of the United States and the Menomonees and Winebagoes, of
Feb. 6th, 1826, in Article 8th, it was acknowledged that there existed
some uncertainty in consequence of the cession made by the tribes upon
Fox River and Green Bay, to the New York Indians. Finally the Menomonees
made their complaint before the President, concerning the New York
Indians, which has reference to the case, in the treaty by the United
States, with the several tribes of Green Bay on Feb. 23rd, 1829, in
Article 2nd, which read as follows, viz:
"Much difficulty having arising from the negotiations between the
Menomonees and Winebago tribes and the various tribes and portions of
tribes of Indian of the State of New York, and the claims of the
respective parties being much contested, as well with relation to the
tenure and boundaries of the two tracts claimed by the New York Indians,
west of Lake Michigan, as to the authority of the persons who signed the
agreement on the part of the Monomonees, and the whole subject having
been fully examined at the council this day concluded, and the
allegations, proofs, and statements of the respective parties having been
entered upon the Journal of the commissioners, so that the same can be
decided by the President of the United States, it is agreed by the
Monomonees and Winebagoes, that so far as respects their interests in the
premises, the whole matter shall be referred to the President of the
United States, whose decision shall be final. And the President is
authorized, on the parts, to establish such boundaries between them and
the New York Indians as he may consider equitable and just."
And also in the treaty of Feb. 8th, 1838, we find, in enumerating the
several reasons for effecting a treaty at the above date, the following,
commencing at line 20,928, in the Revision of Indian Treaties, viz: "as
well as for the purpose of settling the long existing dispute between
themselves, and the several tribes of the New York Indians, who claim to
have purchased a portion of their lands, the undersigned, Chiefs and head
men of the Menomenees tribe, stipulate and agree with the United States
as follows:
Pages:
1 |
2 |
3 |
4 |
5 |
6 | 7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18