"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
pretense of any purchase or purchases made, or that shall be made, from
the said Indians.
"1. Whereas, complaints are made by the Tuscarora 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,
"_Bounds of the Indians' lands confirmed_.--2. We pray that it may
be enacted, and be it enacted by His Excellency Gabriel Johnson, 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 Tuscarora
Indians by solemn treaty, lying on Morattock river, in Birtie 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-five poles, to a scrubby oak, near the head of
the swamp, by a great spring; thence north ten degrees east, eight
hundred and fifty poles, to a persimmon tree, on Raquis swamp; thence
along the swamp, and Pacosin main course, north fifty-seven degrees west,
two thousand six hundred and forty poles to a hickory on the east side of
the falling run or deep creek, and down the various courses of the said
run to Morattock river, then down the river to the first station; shall
be confirmed and assured; and by virtue of this act, is confirmed and
assured, to James Blunt, chief of the Tuscarora Nation, and the people
under his charge, their heirs and successors, forever, any law, usage,
custom, or grant, to the contrary, notwithstanding.
"_Persons having grants to enter on desertion of the Indians_.--3.
Provided, always, That it shall and may be lawful for any person or
persons that have formerly obtained any grant or grants, under the Lord's
proprietors, for any tract or parcels of lands within the aforesaid
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.
"_Indians not to pay quitrents_.--4. And be it further enacted by
the authority aforesaid, That it shall not nor may be lawful for the Lord
Granville's receiver to ask, have or demand any quitrents for any of the
said tracts or parcels of land taken up within the said Indian
boundaries, as aforesaid, until such time when the Indians have deserted
the same and the patentee be in possession thereof, and only for such
rents as shall from thence arise and become due, any law, usage or custom
to the contrary notwithstanding.
"_Penalty on persons purchasing lands of the Indians_.--5. And be it
further enacted by the authority aforesaid, That no person, for any
consideration whatsoever, shall purchase or buy any tract or parcel of
land claimed or in possession of any Indian or Indians, but all such
bargains and sales shall be, and are hereby declared to be null and void,
and of no 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
possession, protection, injunction or wager of law shall be allowed or
admitted of.
"_Persons settled on the Indian lands to remove, and no others to
settle there under a penalty_.--6. And be it further enacted by the
authority aforesaid, That all and every person and persons, other than
the said Indians who are now dwelling on any of the lands within the
bounds above mentioned to have been allotted, laid out and prescribed to
the said Tuscarora Indians, shall, on or before the twenty-fifth day of
March next ensuing the ratification of this act, remove him or herself
and family off the said lands, under the penalty of twenty pounds,
proclamation money; and if any shall neglect or refuse to move him or
herself and family off the said lands, on or before the said twenty-fifth
day of March next, and if any person or persons, other than the said
Indians, shall hereafter presume to settle, inhabit or occupy any of the
said lands hereby allotted and assigned for the said Tuscarora Indians,
such person or persons shall forfeit the further penalty of twenty
shillings, proclamation money, for each and every day he, she or they
shall inhabit or occupy any lands within the said Indian bounds after the
said twenty-fifth day of March next, the said penalties to be recovered
and applied in the same manner as the penalty in this act above
mentioned.
"_Surveyor's fee for laying out the Indians' lands_.--7. And
whereas, The said lands belonging to the said Tuscarora Indians have been
lately laid out and newly marked by George Goulde, Esq., Surveyor
General, at the request of the said Indians; therefore, be it enacted,
that the said George Goulde, Esq., have and receive for the trouble and
expense he hath been at in laying out and marking the Indians' lands
aforesaid, the sum of twenty-five pounds, proclamation money, to be paid
by the public, out of moneys in the public treasury.
"_Penalty of persons ranging stock on the Indians' lands_.--8. And
whereas, the Indians complain of injuries received from people driving
stock, horses, cattle and hogs, to range on their lands, for remedy
thereof, Be it enacted, That persons driving stock to range, or stock
actually ranging on the Indians' lands, shall, and are hereby declared,
to be liable and subject to the like penalties and forfeitures, and may
be proceeded against in the same manner, and subject to the same
recoveries, as by the law of this province stock driven or ranging upon
any white people's land are liable and subject to; and the said Indians
shall and may enjoy the benefit of the laws in that case made and
provided, in the same manner as the white people do or can, any law,
usage, or custom, to the contrary notwithstanding."
LAWS OF NORTH CAROLINA. A. D. 1878, CHAPTER 136, PAGE 359, VOL. I. BY
POTTER, TAYLOR & YANCEY.
"An Act for quieting and securing the Tuscarora Indians, and others
claiming under the Tuscaroras, in the possession of their lands.
"_Indian lands secured to the Indians_.--1. Be it enacted, &c., That
Whitmell Tuffdeck, Chief or head man of the Tuscarora nation, and the
Tuscarora Indians now living in the county of Birtie, shall have, hold,
occupy, possess and enjoy, all the lands lying in the county of Birtie
aforesaid, whereof they are now seized and possessed, being part of the
lands heretofore alotted 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-eight, without let, molestation or
hindrance, clear of all quit-rents, or any public demands 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.
"_No purchases to be made of the Indians, nor their lands
cultivated_.--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 theirs; 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, buy or lease 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 or
agreements shall be and they are hereby declared null and void; and the
person so purchasing buying or leasing, settling on or cultivating such
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 Tuscarora Indians, the other to the use of him or her who
shall sue for the 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 the consent of the general assembly first had and obtained.
"_Former purchases from the Indians under the sanction of the Assembly,
secured_.--3. And whereas, the chieftains and head men of the
Tuscarora Indians 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 eight 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 by the said line south seventeen degrees east,
twelve hundred and eighty poles: thence on a course parallel with the
general current of the said creek to the Roanoke 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
serveralty for and during the term of one hundred and fifty years as may
more fully appear by the said indenture, registered in the count of
Birtie 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 persons entitled to claims 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
Granville or by this State.
"_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."
* * * * *