|
Tuscarora In North Carolina
In tracing the history of the
Tuscarora 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 Tuscarora 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 Tuscarora 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 Tuscarora
Samuel Smith expired in the year 1802, at which time Sacarrissa
and Solomon Longboard, both being Sachems of the northern
Tuscarora, migrated the residue of the Tuscarora 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 Tuscarora 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 Tuscarora 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.
Article I. 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 .
Article II. 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 .
Article III. 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 .
Article IV. 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 .
Article V. 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 .
Article VI. 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.
Article VII. 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 .
Article VIII. 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."
Tuscarora |
An Act | North Carolina Law,
1780 | North Carolina Law
1827 | Treaty Acts |
Tuscarora Treaties
This site
includes some historical materials that may imply negative stereotypes
reflecting the culture or language of a particular period or place. These
items are presented as part of the historical record and should not be
interpreted to mean that the WebMasters in any way endorse the stereotypes
implied . Legends, Traditions, and Laws of the Iroquois, or Six Nations and History of the Tuscarora Indians
Legends, Traditions, and Laws of the
IroquoisFree
Genealogy |
Indian
Genealogy
|
Legends,
Traditions, and Laws of the Iroquois
|
|
Order Family Tree Maker 2012