Part 8

"_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."

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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."

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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."

SUPPLEMENTARY ARTICLES.

First. It is agreed between the undersigned, commissioners on behalf of the United States and the chiefs and warriors representing the Menomonee tribe of Indians, that for the reasons above expressed, such part of the first Article of the agreement entered into between the parties hereto, on the 8th instant, as limits the removal and settlement of the New York Indians upon the lands therein provided for their future homes, three years, shall be altered and amended so as to read as follows: That the President of the United States shall prescribe the time for the removal and settlement of the New York Indians upon the lands thus provided for them; and at the expiration of such reasonable time, he shall apportion the lands among the actual settlers in such manner as he shall deem equitable and just. And if, within such reasonable time as the President of the United States shall prescribe for that purpose, the New York Indians shall refuse to accept the provisions made for their benefit, or, having agreed, shall neglect or refuse to remove from New York, and settle on the said lands, within the time prescribed for that purpose, that then, and in either of these events, the lands aforesaid shall be and remain in the property of the United States, according to the said first article, excepting so much thereof as the President shall deem justly due to such of the New York Indians as shall actually have removed to and settled on the said lands.

"Second, It is further agreed that the part of the Sixth Article of the agreement aforesaid, which requires the removal of those of the New York Indians who may not be settled on the lands at the end of three years, shall be so amended as to leave such removal discretionary with the President of the United States; the Menomonee Indians having full confidence that in making his decision he will take into consideration the welfare and prosperity of their nation: Provided, That for the purpose of establishing the rights of the New York Indians upon a permanent and just footing, the said treaty shall be ratified with the express understanding that two townships of land," &c. which goes on and locates the different portion of lands to the several tribes or bands of the New York Indians which was proclaimed, July 9, 1832.

"Whereas articles of agreement between the United States of America, and the Menononee Indians, were made and concluded at the city of Washington, on the 8th day of February A. D. 1831, by John H. Eaton, and Samuel C. Stambaugh, commissioners on the part of the United States, and certain Chiefs and headmen of the Menomonee nation, on the part of the said nation; to which articles an addition or supplemental article was afterwards made, on the 17th day of February, in the same year, by which the said Menomonee nation agree to cede to the United States certain parts of their lands: and that a tract of country therein defined, shall be set apart for the New York Indians; all which, with the many other stipulations therein contained, will more fully appear by reference to the same. When said agreement thus forming a treaty, were laid before the Senate of the United States, during their then session, but were not at said session acted on by that body. Whereupon a further agreement was on the fifteenth day of March, in the same year, entered into for the purpose of preserving the provisions of the treaty made as aforesaid; by which it is stipulated that the said articles of agreement concluded as aforesaid, should be laid before the next Senate of the United States at their ensuing session, and if sanctioned and confirmed by them, that each and every article threof should be as binding and obligatory upon the parties respectively as if they had been sanctioned at the previous session; and whereas, The Senate of the United States, by their resolution of the twenty fifth day of June, 1832, did advise and consent to accept, ratify, and confirm the same, and every clause and article thereof, upon the conditions expressed in the proviso contained in their said resolution, which proviso is as follows: Provided, That for the purpose of establishing the right of the New York Indians on a permanent and just footing, the said treaty shall be ratified, with the express understanding that two townships of land, &c.," as in article second above.

"Whereas, Before the treaty aforesaid, conditionally ratified, according to the proviso to the said resolution of the Senate, above recited, could be obligatory upon the said Menomomee nation, their assent to the same must be had and obtained." Which was done after some modifications respecting the location of the portion of land for the New York Indians. And as the modifications so made and desired, was acceded to also by the New York Indians, which was as follows:

"To all to whom these presents shall come, the undersigned chiefs and head men of the sundry tribes of the New York Indians (as set forth in the specifications annexed to their signatures), send greeting:

"Whereas, a tedious, perplexing and harassing dispute and controversy have long existed between the Menomonee Nation of Indians and the New York Indians, more particularly those known as the Stockbridge, Munsee and Brothertown tribes, the Six Nations and the St. Regis tribe. The treaty made between the said Menomonee Nation and the United States, and the conditional ratification thereof by the Senate of the United States being stated and set forth in the within agreement, entered into between the chiefs and head men of the said Menomonee, and George B. Porter, Governor of Michigan, commissioners specially appointed, with instructions referred to in the said agreement.

"And whereas, the undersigned are satisfied and believe that the best efforts of the said commissioners were directed and used to procure, if practicable, the unconditional assent of the said Menomonees to the change proposed by the Senate of the United States in the ratification of the said treaty, but without success.

"And whereas, the undersigned, further believe that the terms stated in the within agreement are the best practicable terms short of those proposed by the Senate of the United States, which could be obtained from the said Menomonees; and being asked to signify our acceptance of the modifications proposed, as aforesaid, by the Menomonees, we are compelled by a sense of duty and propriety to say that we do hereby accept of the same. So far as the tribes to which we belong are concerned, we are perfectly satisfied that the treaty should be ratified on the terms proposed by the Menomonees. We further believe that the tract of land which the Menomonees in the within agreement are willing to cede, in exchange for an equal quantity on the northeast side of the tract of five hundred thousand acres, contains a sufficient quantity of good land, favorably and advantageously situated, to answer all the wants of the New York Indians and St. Regis tribe. For the purpose, then, of putting an end to strife, and that we may sit down in peace and harmony, we thus signify by our acceptance of the modifications proposed by the Menomonees; and we most respectfully request that the treaty as now modified by the agreement this day entered into with the Menomonees, may be ratified and approved by the President and Senate of the United States.

"Proclaimed March 13th, 1835."

TREATIES OF NEW YORK INDIANS.

Treaty with the New York Indians as amended by the Senate, and assented to by the several Tribes 1838.

Articles of a treaty made and concluded at Buffalo Creek, in the State of New York, the fifteenth day of January, in the year of our Lord one thousand eight hundred and thirty-eight, by Ransom H. Gillett, a commissioner on the part of the United States, and the chiefs, head men and warriors of the several tribes of the New York Indians, assembled in council; witnesseth;