The more you read, and the better you understand Indian history, the more you will be impressed with the injustice which has been done the Iroquois, not only in dispossessing them of their inheritance, but in the estimation which has been made of their character. They have been represented, as seen in the transition state, the most unfavorable possible for judging correctly. In the chapter of National Traits of Character, I have in two or three instances quoted Washington Irving and might again allow his opinions to relieve my own from the charge of partiality. He says, in speaking of this same subject, that "the current opinion of Indian character is too apt to be formed from the miserable hordes which infest the frontiers, and hang on the shirts of settlements. These are too commonly composed of degenerate beings, corrupted and enfeebled by the voice of society, without being benefited by its civilization."
"The proud independence which formed the main pillar of motive virtue has been spoken down, and the whole moral fabric lies in ruins. The spirits are humiliated and debased by a sense of inferiority, and their native courage cowed and daunted by the superior knowledge and power of their enlightened neighbors. Society has advanced upon them like one of a those withering airs that will sometimes breed desolation over a whole region of fertility. It has enervated their strength, multiplied their diseases, and superinduced upon their original barbarity the law-vices of artificial life. It has given them a thousand superfluous wants, while it has diminished their means of mere existence. It has driven before it the animals of the chase, who fly from the sound of the axe and the smoke of the settlement and seek refuge in the depths of remote forests, and yet untrodden wilds. Thus do we often find the Indians in the frontiers to be mere wrecks and remnants of once powerful tribes, who have lingered in the vicinity of settlements, and sunk into precarious and vagabond existence. Poverty, repining and hopeless poverty—a canker on the mind before unknown to them—corrodes their spirits and blights every free and noble qualities of their nature. They loiter like vagrants about the settlements among spacious dwellings, replete with elaborate comforts, which only renders them more sensible of the comparative wretchedness of their own condition. Luxury spreads its ample board before their eyes, but they are excluded from the banquet; plenty revels over the fields, but they are starving in the midst of abundance. The whole wilderness blossomed into a garden, but they feel as reptiles that infest them. How different was their state while undisputed lords of the soil? Their wants were few, and the means of gratification within their reach, they saw every one among them sharing the same lot, enduring the same hardships, feeding on the same aliments, arrayed in the same rude garment. No roof then rose under whose sheltering wings, that was not ever open to the homeless stranger, no smoke curled among the trees, but he was welcome to sit down by its fire and join the hunter in his repast."
In discussing Indian character, writers have been too prone to indulge in vulgar prejudice and passionate exaggeration, instead of the candid temper of the true philosopher. They have not sufficiently considered the peculiar circumstance in which the Indians have been placed, and the peculiar principles under which they having been educated. No being acts more rigidly from rule than the Indians, his whole conduct is regulated according to some general maxims early implanted in his mind. The moral laws which govern him are few, but he conforms to them all. The white man abounds in laws and religion, morals, and manners, but how many of them does he violate. In their intercourse with the Indians the white people were continually trampling upon their religion and their sacred rights. They were expected to look merely on while the graves of their fathers were robbed of their treasures, and the bones of their fathers were left to bleach upon the fields. And when exasperated by the brutality of their conquerors, and driven to deeds of vengence, there was very little appreciation of the motives which influenced them, and no attempt was made to palliate their cruelties.
It was their custom to bury the dead with their best clothing, and the various implements they had been in the habit of using whilst living. If it was a warrior that they were preparing for burial, they placed his tomahawk by his side and his knife in his shield; with the hunter, his bow and arrows and implements for cooking his food; with the woman, their kettles and cooking apparatus and also food for all. Tobacco was deposited in every grave; for to smoke was an Indian's idea of felicity in the body and out of it, and in this there was not so much difference as one might wish, between them and gentlemen of a paler hue.
Among the Iroquois, and many other Indian nations, it was the custom to place the dead upon scaffolds, built for the purpose, from tree to tree, or within a temporary inclosure, and underneath a fire was kept burning for several days.
They had known instances of persons reviving after they were supposed to be dead, and this led to the conclusion that the spirit sometimes returned to animate the body after it had once fled. If there was no signs of life for ten days, the fire was extinguished and the body left unmolested until decomposition had begun to take place, when the remains were buried, or, as was often the case, kept in the lodge for many years. If they were obliged to desert the settlement where they had long resided, these skeletons were collected from all the families and buried in one common grave, with the same ceremonies as when a single individual was interred.
They did not suppose the spirit was instantaneously transferred from earth to Heaven, but that it wandered in aerial region for many moons. In later days they only allowed ten days for its flight. Their period for mourning continued only whilst the spirit is wandering, as soon as they believe it has entered Heaven they commenced rejoicing, saying, there is no longer cause for sorrow, because it is now where happiness dwells forever. Sometimes a piteous wailing was kept up every night for a long time, but it was only their bereavement that they bewailed, as they did not fear about the fate of those who died. Not until they had heard of Purgatory from the Jesuits, or endless woe from Protestants, did they look upon death with terror, or life as anything but a blessing.
They were sometimes in the habit of addressing the dead, as if they could hear. The following are the words of a mother as she bends over her only son to look for the last time upon his beloved face: "My son, listen once more to the words of thy mother. Thou wast brought into life with her pains, thou wast nourished with her life. She has attempted to be faithful in raising you up. When you were young she loved you as her life. Thy presence has been a source of great joy to her. Upon thee she depended for support and comfort in her declining days. But thou hast outstripped her and gone before. Our wise and great Creator has ordered it thus. By his will, I am left yet, to taste more of the miseries of this world. Thy relations and friends have gathered about thy body to look upon thee for the last time. They mourn, as with one mind, thy departure from among us. We, too, have but a few days more and our journey will be ended. We part now, and you are conveyed out of our sight. But we shall soon meet again, and shall look upon each other, then we shall part no more. Our Maker has called thee home, and thither will we follow."
After the adoption of the league of the Iroquois, and they dwelled in villages, this was one of the duties enjoined by their religious teacher at their festivals: "It is the will of the Great Spirit that you reverence the aged, even though they be helpless as infants." And also, "Kindness to the orphan, and hospitality to all." "If you tie up the clothes of an orphan child, the Great Spirit will notice it, and reward you for it." "To adopt an orphan, and bring them up in virtuous ways, is pleasing to the Great Spirit." "If strangers wander about your abode, welcome him to your home, be hospitable towards him, speak to him with kind words, and forget not, always to make mention of the Great Spirit."
The Indians lamentations, on being driven far away from the graves of their fathers, have been the theme of all historians and travelers. It can be easily imagined how those who so loved their homes and revered their fathers' graves, would become fierce with indignation and rage, on seeing themselves treated as without human feeling, and the sacred relics of the dead ploughed up and scattered as indifferently as the stones, or the bones of the moose and the deer of the forest. It was this feeling that often prompted them to acts of hostility, which those who experienced them, ascribed to wanton cruelty and barbarity.
In many of the villages there was a strangers home, a house, for strangers where they were placed, while the old men went about collecting skins for them to sleep upon, and food for them to eat, expecting no reward.
They called it very rude for them to stare at them as they passed in the streets, and said that they had as much curiosity as the white people, but they did not gratify it by intruding upon them, by examining them. They would sometimes hide behind trees in order to look at strangers, but never stood openly and gaze at them.
Their respective attention to missionaries was often the result of their rules of politeness, as it is a part of the Indian's code. Their councils are eminent for decorum, and no person is interrupted during a speech. Some Indians, after respectfully listening to a missionary, thought they would relate to him some of their legends, but the good man could not restrain his indignation, but pronounced them foolish fables, while what he told them was sacred truth. The Indian was, in his turn, offended, and said, we listened to your stories, why do you not listen to ours? you are not instructed in the common rules of civility.
A hunter, in his wandering for game, fell among the back settlements of Virginia, and on account of the inclemency of the weather, sought refuge at the house of a planter, whom he met at the door. He was refused admission. Being both hungry and thirsty, he asked for a bit of bread and a cup of cold water. But the answer to every appeal was, "You, shall have nothing here, get you gone you Indian dog!"
Some months afterwards this same planter lost himself in the woods, and after a weary day of wandering, came to an Indian cabin, into which he was welcomed. On inquiring the way and distance to the settlement, and finding it was too far to think of going that night, he asked if he could remain. Very cordially the inmates replied, that he was at liberty to stay, and all they had was at his service. They gave him food, they made a bright fire to cheer and warm him, and supplied him with clean deer- skin for his couch, and promised to conduct him the next day on his journey. In the morning the Indian hunter and the planter set out together through the forest, when they came in sight of the white man's dwelling, the hunter, about to leave, turned to his companion, and said, "Do you not know me?" The white man was struck with horror, that he had been so long in the power of one whom he had so inhumanly treated, and expected now to experience his revenge. But on beginning to make excuses, the Indian interrupted him saying, "when you see a poor Indian fainting for a cup of cold water, don't say again, 'get you gone, you Indian dog.'" and turned back to his hunting grounds. Which best deserved the appellation of a christian, and to which will it most likely be said, "Inasmuch as ye have done it unto the least of these, ye have done it unto me."
In tracing the history of the Tuscaroras that migrated to the north and joined themselves with the Iroquois, we would not forget those few who remained with King James Blunt, a Tuscarora Chief, in North Carolina, who had a tract of land allotted to them on Pamplico river. The smallness of their number disabling them from resisting the attacks of the southern Indians, Governor Charles Eden, of North Carolina, and the council, on the 5th day of June, 1718, entered into a treaty, by which the land on Pamplico river was abandoned by the Tuscaroras and another tract granted to them, on Roanoke river, in the present county of Birtie, in consideration of which they relinquished all claims of any other land in the province, butted and bounded as follows, viz.: Beginning at the mouth of Quitsnoy swamp, running up the said swamp four hundred and 35 poles, to a scrubby oak near the head of the swamp, by a great spring; then north ten degrees east, eight hundred and fifty poles, to a persimmon tree on Raquis swamp; then along the swamp and Pacosin main course north fifty-seven degrees west, two thousand six hundred and forty poles, to a hickory tree on the east side of the Falling Run, or Deep creek, and down the various courses of the said run to Morattock; then down the river to the first station.
In the administration of the Governor, Gabriel Johnson, Esq., at a General Assembly held at New Bern on the 15th day of October, 1748, by virtue of an act, this same limit of land above was 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.
At the time the Tuscaroras migrated to the north, King James Blunt was the Sachem of those that remained, and his successor in office, as we see in an act of the General Assembly of North Carolina, in the year 1778, was Whitmell Tuffdick. The last Sachem, or Chief, of that part of the Tuscaroras—Samuel Smith—expired in the year 1802, at which time Sacarrissa and Solomon Longboard, both being Sachems of the northern Tuscaroras, migrated the residue of the Tuscaroras from North Carolina to their Reservation in Niagara county, State of New York, where they were again blended together in one nation.
Concerning the land allotted to the Tuscaroras in Birtie—they have leased it several times; and I have selected a few of the laws of North Carolina that are now in force, concerning the Tuscaroras in that state, namely:
"A. D. 1748. Vol. I. Chapter 43, page 174; by Potter, Taylor and Yancy, Esqs. Anno Regni Georgii II, Vicessinio second.
"Gabriel Johnson, Esq., Governor.
"At a general assembly held at New Bern, the fifteenth day of October, in the year of our Lord one thousand seven hundred and forty-eight."
"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."
"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.
"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.
"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."
"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."
"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.