Laws of North Carolina, A.D. 1780
"An Act to amend an act, entitled an act for quieting
and securing the Tuscarora Indians, and
others claiming under the Tuscarora, in the
possession of their lands.
Article I. Whereas, By the said act there is no penalty
imposed on the jurors or witnesses duly summoned, and failing to
" Attendance of Jurors.
Article II. 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 Tuscarora 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
Tuscarora, 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 .
Article I. 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 .
Article II. Be it further enacted, That the said chiefs, or
a majority of them, be, and they arc hereby authorized 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
Article III. 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
" Possessions of the tenants to be deemed the possessions of the
Tuscarora Indians .
Article IV. 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.
Article V. 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 allotted 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 .
Article VI. 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
Acts of assembly from 1821 to 1825, page 13, chapter 13, state
"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
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,
pursuance of certain acts of the General Assembly of this State,
shall be hereafter considered real estate; shall descend to, and
be divided among the heirs of any intestate, subject to dower
and tenancy by courtesy, and other incidents to real estate, and
its liability 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 pursuance 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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Legends, Traditions, and Laws of the Iroquois, or Six Nations and History of the Tuscarora Indians
Legends, Traditions, and Laws of the
Traditions, and Laws of the Iroquois