"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:
"First. The Menomonee tribe of Indians declare themselves the friend and
allies of the United States, under whos parental care and protection they
desire to continue; and although always protesting that they are under no
obligation to recognize any claim of the New York Indians to any portions
of their country; that they neither sold nor received any value for the
land claimed by these tribes, yet at the solicitation of their Great
Father, the President of the United States, and as an evidence of their
great love and veneration for him, they agree that such a part of the
land described, being within the following boundaries, as he may direct,
may be set apart as homes for the several tribes of the New York Indians,
who may remove to and settle upon the same within three years from the
date of this agreement, &c." Commencing at line 20,970, the President of
the United States is hereby empowered to apportion the lands among the
actual occupants at that time, so as not to assign to any tribe a greater
number of acres than may be equal to one hundred for each soul actually
settled upon the lands, and if, at any time of such apportionment any
lands shall remain unoccupied by any tribes of the New York Indians, such
portion as would have belonged to said Indians, had it been occupied,
shall revert to the United States. That portion, if any, so reverting to
be laid off by the President of the United States. It is destinctly
understood that the lands hereby ceded to the United States for the New
York Indians are to be held by those tribes, under such tenure as the
Menomonee Indians now hold their lands, subject to such regulations and
alternation of tenure as Congress and the President of the United States
shall from time to time think proper to adopt.
"Second. For the above cession the United States for the benefit of the
New York Indians, the United States consent to pay the Menomonee Indians
twenty Thousand Dollars, &c.
"Also commencing at line 21,118, Article 6th, the Menomonee Chiefs request
that such part of it as relates to the New York Indians be immediately
submmitted to the representatives of their tribes, and if they refuse to
accept the provision made for their benefit and to remove upon the lands
set apart for them, on the west side of Fox River, that they will direct
their immediate removal from the Menomonee county, but if they agree to
accept the liberal offer made to them by parties of this compact, then
the Menomonee tribe, as dutiful children of the Great Father, the
President, will take them by the hand as brothers, and settle down with
them in peace and friendship."