While we know our northern friends may not feel it, in the South, Spring is
here. So we thought we'd share a few of our gardening sites appropriate
for this time of the year. Along with gardening, there's grilling, and getting
ready to diet so that you can fit back into that bathing suit this summer!
An Act for Quieting and Securing the Tuscarora
Indians
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 Tuscarora, in the
possession of their lands.
" Indian lands secured to the Indians . Article I. 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 allotted 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 Tuscarora, 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 . Article II. 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 . Article III. 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
severalty 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 . Article IV. 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 . Article V. 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. Article VI. 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 destroying 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. Article VII. 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.
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includes some historical materials that may imply negative stereotypes
reflecting the culture or language of a particular period or place. These
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implied .
Legends, Traditions, and Laws of the Iroquois, or Six Nations and History of the Tuscarora Indians
