Before the discovery, by Columbus, the Tuscaroras consisted of six towns, and they were a powerful nation, numbering over twelve hundred warriors, which, at a ratio according to the rule of estimating, would bring them at about five or six thousand souls.
The Tuscaroras had many years of enjoyment and peaceful possession of their domain, consisting of six towns on the Roanoke, Neuse, Taw and Pemlico rivers, in the State of North Carolina. And they were also confederated to six other nations, which were the Corees, Mattamuskeets, Notaways and the Bear River Indians; the names of the other two nations I have been unable to obtain. My readers will readily see why some writers have it that they consisted in twelve towns, and other writers would have it that they consisted in six towns. The real Tuscaroras consisted in six towns; but with the confederate nations, altogether, were known to be in twelve towns, and all these different nations which composed the confederacy went under the name of Tuscarora, the Tuscaroras being the most powerful of the several nations.
The tradition of the Tuscaroras admits of having captured Lawson and his party, and executed some of them to death on account of their encroachments upon their domain; but concerning the massacre of Oct. 2d, 1711, the Tuscaroras emphatically deny having taken any part in the affair whatever, officially. The project was presented to them and in the council of the sachems, chiefs and warriors, they emphatically declined taking any part in such a movement, but said if the colonists made encroachments and trespass on their domain, it is no more than right and just that we defend our rights, and even cautioned their young men that they should not take any part whatever in the action; but, nevertheless, there were a few of the rash and reckless warriors that took part in the disorder.
The Corees, Mattamuskeets, and Bear River Indians seemed to be the instigators of the project: but there were several other nations that took part in the massacre. These three nations being considered Tuscaroras, on account of the confederacy, and the capture of Lawson and his party a little previous to this time by the Tuscaroras, led the colonists to conclude that it was the Tuscaroras who caused the disaster, and to them was directed the feud of the colonists.
A little previous to these disorders, it seems that there were some white men, as our tradition states, with long coats and wide brimmed hats, visited several nations of the Indians in that neighborhood, and appeared to be very friendly toward them, wished them success in everything, and told them that those settlers who were on the borders of their lands and constantly encroaching and committing depredations upon the Indians, were not of the government, but were merely squatters, who settled there of their own accord, and if they were cut off, there would be none to avenge them, and were advised to do so.
It has always been a question in my mind who those white men were, to give such rash advice. Were they Quakers? But what motive had they in advising, from which so great a disaster was the result? Or, were they men in disguise, from the county of Bath, in which the massacre was committed, to make the Indians believe that they were Quakers, as the two counties were in arms against each other at that time.
To coroborate the tradition above, I would call your attention to part of a letter from President Pollock to Lord Craven, in the year 1712, who attributes the calamity thus:
"Our divisions," says he, "chiefly occasioned by the Quakers and some other ill-disposed persons, have been the cause of all the troubles, for the Indians were informed by some of the traders that the people who lived here are only a few vagabonds, who had run away from other governments and settled here of their own accord, without any authority, so that if they were cut off, there would be none to revenge them. This with their seeing our differences rise to such a heighth, that consisting of two counties only, were in arms one against the other, encouraged them to fall upon the county of Bath, expecting it would have no assistance from this nor any other of the English plantations. This is the chief cause that moved the Indians to rise against us, as far as I understand."
The Tuscaroras never had the inclination of cutting off the inhabitance of the pale faces. Nevertheless, they did not always remain idle or unconcerned spectators of the feuds and dissensions that so long prevailed among the white people, toward the red men. The successive and regular encroachments, on their hunting grounds and plantations, which the increase of the European population occasioned, had not always been submitted to without murmur.
Although they were pleased with the neighbors, from whom they had trade for their furs, and could procure spirituous liquors and other articles, which tended to the gratification of their real or imaginary wants. And they were required to surrender larger and larger portions of their domain, and at last, the removal of families from the neighborhood of their long cherished memories of the graves of their ancestors, to the more distant and less valuable tracts of land. Other causes of animosity and ill-will were not wanting. Their hunters were shot down like so many beasts, at the edge of the settlement, killed in their wigwams, their young females' chastity violated, and many other things might be related, which their tradition shows. But I have neither heart nor inclination to bring to a resurrection the long gone-by memories of our forefathers. I would that all were cast into oblivion, where might not be found neither trace nor track; but rather that the chain of friendship which has existed for more than a century between the Tuscaroras and the United States Government may be made brighter and brighter as time rolls on.
I have said that the Tuscaroras never had the inclination of cutting off the first colonies, and if that were their desire, how readily would they have excepted the advice of President Thomas Carey, through one of his counsel—Edward Porter—in the year 1710, of which you will find in Martin's History of North Carolina a difficulty between Gov. Hyde and the above, to-wit: "Before any relief could be sent he attempted the landing of some of his men under fire of his brig, but they were repulsed by the militia of the neighborhood, which Gov. Hyde had time to collect. They returned on board, and their Chief sought a safe retreat in the swamps of the Tar river, where he raised his standard and endeavored to bring the Tuscarora Indians into an alliance. For this purpose he dispatched to them Edward Porter, one of his counsel, who endeavored by promises of great rewards to induce them to cut off all the inhabitants of that part of the province who adhered to Gov. Hyde. This was acceded to by some of his young warriors, but when the matter was debated in council the old men dissuaded them from listening to Porter."
Now, did not some of Carey's men go afterwards to some of the neighboring Indian nations and induced them, in the year 1710, to commit the massacre?
I suppose to the critical reader, and to the people generally, my writing will appear to them fictitious, because of their first impression, which has been taught them by many historians. Historians generally have given only one side of the story, and have avoided, as much as possible, to give the history of the wrongs done to the Tuscaroras, but they are very scrupulous to preserve the history of the capture of Lawson, his execution and of the massacre, which they allege to have been committed by the Tuscaroras, and are styled by many as being inimical, haughty, jealous, warlike bloodhounds, bloodthirsty and scarcely to be human. These are the first impressions made by the historians upon the mind of the world. I suppose, for the purpose of getting a general verdict, that it was right; that they were crushed as a nation, their domain snatched from them, driven into the cold world, and not a word has been written by historians, or the Tuscaroras themselves, to vindicate their cause.
But with all the great tide of prejudiced feelings towards the Tuscaroras, I have ventured to write their history as I have received it, and think it to be true.
After the massacre, and the Tuscaroras heard it reported that they were charged with being the author of the disaster, they immediately sent messengers and denied the charge of having officially taken any part in the disorder, but acknowledged that a few of the reckless and lawless warriors did take part against their admonitions, but they were willing to make all the restoration that was in their power to do, and would fight for them if necessary. At different times they petitioned, remonstrated and supplicated for peace, which was slighted and disregarded, and only produced more violence and insult.
Notice what Governor Spotswood, of Virginia, said concerning the Tuscaroras, to wit:
"On the first of the disaster I sent a detachment of the militia to the tributary Indians of this province to prevent them from joining in the war, and understanding that the Indians in some of the Tuscarora towns had refused to march against the whites, sent a messenger to invite them, with the rest of the friendly tribes, to a conference at the Nottoway line, on the southern border of Virginia, where he met them on the 7th of November."
"The Governor, after entering into some conversation with the Chiefs, had the pleasure of finding the report which his messengers had made, from their observations while in the Tuscarora towns, that they were very desirous of continuing in peace, and were greatly concerned that any of their nation should have joined in the massacre."
The Chiefs, after accounting for the delay that occurred, expressed the desire of the Indians of their towns to continue in strict friendship with the whites, and assist them in chastising the authors of the late disorder.
"But now an unfortunate difference arose between the Governor and the burgesses, the latter insisting on the passage of a bill for raising an army in Virginia, without trusting to the sincerity of the profession of the Tuscarora Chiefs. The Governor refusing to accede to this proposition, and declining to co-operate in their plans, the dispute ended by a dissolution of the assembly."
There was at one time a treaty of peace concluded between the Sachems and Chiefs of the Tuscaroras and Governor Spotswood, of Virginia, and one of the conditions of the treaty was to help in chastising the authors of the late massacre. In conformity with this pledge the Tuscaroras made an attack on the Mattamuskeets, where they obtained thirty scalps and presented them to the authorities of the whites, of which they pretended to be pleased. I don't doubt but that they were really pleased, but not with any good feelings towards the Tuscaroras. I suppose the object was to get all the other Indian nations alienated from them, so that in due time they might be easily conquered, because they were the nation that the whites seemed bent on destroying. The Tuscaroras had faith in the treaty, but only to disappoint them in the thought of having the dark cloud which hung so glowingly over them taken away. It is said by historians that the Tuscaroras disregarded the treaty and began hostilities. But I will relate a tradition, handed down from generation to generation, which is as follows, to wit:
Some little time after the treaty concluded, several white men went into one of their towns and said that they were sent by the government to distribute among them an annuity of goods in token of friendship; and also said, "In token of your sincerity to the treaty of peace, you will all repair to a place where there is a cord stretched out in a straight line, you must all take hold of the line with your right hand, and all those that refuse to take hold will be considered as hostile and will be omitted in the distribution of the goods." They all went to the place designated and found the cord strung out for nearly a mile; at one end of it was a bundle covered with cloth, which, as they supposed, contained the goods; so the unsuspecting Indians, women and children, with eager hearts, laid hold on the rope. When it was thought that they were in a proper position, the white men all at once uncovered the supposed goods, which was a large cannon, and being prepared to shoot in a line with the cord it was at once fired and roared like thunder. In a moment the ground along the cord was strewn with the meats of the Tuscaroras. This is one of the effects of the treaty at that time.
I will copy a report of Governor Spotswood to the Lords Commissioners of Trade, in the year 1711, to-wit:
"Had they," said he, "really intended to carry on the war against the Indians, they could not have done it in a more frugal way than by the treaty I concluded with the Tuscarora chiefs.
"Indeed, some of that house, since the dissolution, own more freely than they would do while sitting, that most of the irregularities of their proceedings are owing to some rash votes, passed without foresight, which they could not afterwards get over without breaking the rules of their house; and so they chose, rather, to let the country suffer than to own themselves in an error.
"Some of the Tuscarora chiefs have lately been with Governor Spotswood, of Virginia, and pretend a great inclination to peace.
"They are again to be with him on the 26th of this month; we are to send two agents to meet them there—Mr. Tobias Knight and Mayor Christophe Gale—not with any expectation that the Governor will make any treaty for us, for that would be dishonorable to your lordship and make us appear contemptible in the eyes of the Indians, but with a view to hear what they have to propose."
I might quote many more passages similar to those above, but let these few suffice to show how the Tuscaroras were treated. Now, finally, with a combination of causes, they were in 1713, crushed and broken down as a nation, to satisfy the inclinations of the white people, persecutions being kept up by neighboring whites and southern Indians until June following. The Oneida Indians, having heard of the disaster to the Tuscarora Nation, invited them to come and make their dwelling among them: so, accordingly, they left Carolina and took their journey north to rejoin their sister nations.
Methink I can see them leaving their once cherished homes—the aged, the helpless, the women and children, and the warriors faint and few—the ashes are cold on their native hearth; the smoke no more curls round their lowly cabin: they move on with slow, unsteady steps; they turn to take a last look upon their doomed village and cast a last glance upon the long cherished memories of their fathers' graves. They shed no tears; they utter no cries: they heave no groans, they linger but a moment. They know and feel that there is for them still one more remove further, not distant nor unseen.
One bright, sunny June morning, in the year 1813, was one of the darkest days that the Tuscaroras ever witnessed, when most of the nation took their pace to the north until they came within the bounds of the Oneida domain, about two miles west of Tamaqua, in the state of Pennsylvania, where they located and set out apple trees which can be seen to this day: some of the trees, will measure about two feet in diameter. Here they dwelled for about two years.
In about the year 1815, the Iroquois, being the Mohawk, Onondaga, Seneca, Oneida and Cayuga nations, which were then called the five nations, had a general council where the Tuscarora made an application through their brothers the Oneida, to be admitted into the Iroquois and become the sixth nation, on the grounds of a common generic origin, which was granted them unanimously. Then the Seneca adopted the Tuscarora as their children. Ever since that time to the present, if a Seneca addresses the Tuscaroras, he will invariably salute them as "my sons," in social or in council; and also the Tuscaroras in return will say "my fathers." The relation has always been kept up to the present.
The Tuscaroras were then initiated without enlarging the frame-work of the confederacy and formation of the League, by allowing them their own Sachems and Chiefs, which they had as hereditary from their nation in the south, except on which they gave, as the Holder of the Tree, to sit and enjoy a nominal equality in the councils of the League, by the courtesy of the other five nations. They were not dependent, but were admitted to as full an equality as could be granted them without enlarging the frame- work of the confederacy. In the councils of the League they had no national designation. They were then assigned a portion of the Oneidas' territory, which is lying upon the Unadilla river on the east, the Chenango on the west, and the Susquehanna on the south, where they dwelled and enjoyed their peace again for about seventy years. In 1736 they numbered 200 warriors of fighting men.
We again hear of the Tuscarora by history, concerning a massacre of the German Flats, N. Y., in November, 1757.
A narrative communicated to the author of the Documentary History of New York, vol. 2, page 520, viz: A few days after this massacre and desolation had been perpetrated, Sir William Johnson dispatched Geo. Croghan, Esq., Deputy Agent, with Mr. Montour, the Indian interpreter, to the German Flats, where he understood several of the Oneida and Tuscarora Indians were assembled, in order to call upon them to explain why they had not given more timely notice to the Germans of the designs and approach of the enemy, it having been reported that no intelligence had been given by the Indians until the same morning the attack was made, and as these Indians might naturally be supposed, from their situation and other circumstances, to have had an earlier knowledge of the enemy's design and march.
Before Mr. Croghan could get up to the German Flats the aforesaid Indians were on their road homewards, but he was informed that the Chief Sachem of the Upper Oneida town, with a Tuscarora Sachem (which is supposed to be Solomon Longboard) and another Oneida Indian, were still about four miles from Fort Harkeman, upon which he sent a messenger to acquaint them that he was at the said fort.
The aforesaid Indians returned, and on the 3oth of November, at Fort Harkeman, Conaghquieson, the Oneida Sachem, made the following speech to Mr. Croghan, having first called in one Rudolph Shumaker, Hanjost Harkman and several other Germans who understood the Indian language, and desired them to sit down and hear what he had to say. Conaghquieson then proceeded and said:
"Brothers:—I can't help telling you that we were very much surprised to hear that our English brethren suspect and charge us with not giving them timely notice of the designs of the French, as it is well known we have not neglected to give them every piece of intelligence that came to our knowledge.
"Brothers, about fifteen days before the affair happened we sent the Germans word that some Swegatchi Indians told us that the French were determined to destroy the German Flats, and desired them to be on their guard. About six days after that we had a further account from the Swegatchi Indians that the French were preparing to march.
"I then came to the German Flats, and in a meeting with the Germans told them what we had heard, and desired to collect themselves together in a body at their fort, [Footnote: A stockaded work round the church, and a block-house, with a ditch, and a parapet thrown up by Sir William Johnson, a year ago, upon an alarm then given.] and secure their women, children and effects, and to make the best defence they could. At the same time I told them to write what I had said to our brother, Warraghryagey (meaning Sir William Johnson [Footnote: They never sent this intelligence to Sir William Johnson.]), but they paid not the least regard to what I told them, and laughed at me, slapping their hands on their buttocks, saying they did not value the enemy, upon which I returned home and sent one of our people to the lake (meaning Oneida Lake) to find out whether the enemy were coming or not. After he had staid there two days the enemy arrived at the carrying-place, and sent word to the castle at the lake that they were there, and told them what they were going to do, but charged them not to let us at the upper castle know anything of their design. As soon as the man I sent there heard this he came on to us with the account that night; and as soon as we received it we sent a belt of wampum, to confirm the truth thereof, to the Flats, which came here the day before the enemy made their attack: but the people would not give credit to the account even then, or they might have saved their lives. [Footnote: The Indians who brought the belt of wampum, finding the Germans still incredulous, the next morning, just before the attack began, laid hold on the German Minister, and in a manner forced him over to the other side of the river, by which means he and some who followed him escaped the fate of their brethren.] This is the truth, and those Germans here present know it to be so. The aforesaid Germans did acknowledge it to be so, and that they had such intelligence.
"GEORGE CROGHAN."
The Oneida being the original owner of the tract of land assigned to the Tuscarora as aforesaid, were made party with the Tuscarora to the treaty made at Fort Herkimer in the year 1785, by which it was ceded to the State, and the Oneida took all the avails of the treaty. The Tuscaroras were then again left without a home and were partially scattered among the other nations, although they continued to preserve their nationality. They had some settlements, at a later period, in Oneida Castle, called by them Gaunea-wahro-hare (signifying head on the pole), and one in the valley of the Genesee below Avon, called by them Ju-na-stre-yo (signifying the beautiful valley); another settlement at Con-na-so-ra-ga, on the line between Onondaga and Oneida; another in the fork of Chattenango Creek, which they called Ju-ta-nea-ga (signifying where the sun shines); and another on the Jordan Creek, which they called Kan-ha-to (signifying limb in water). These several places were settled at different periods, which I am not able to give.
In the revolutionary war between the United States and Great Britain, the Tuscaroras then had their settlement at the place alotted them by the league in 1715, between the Unadilla river and the Chenango. They took an active part with the United States. Many a soldier and scout of the United States, in their fatigue and hunger, found a rest and a morsel in the rude homes of the Tuscaroras, which were ever hospitably open to them.
When the other Indians which took part with the British knew that the Tuscaroras took part with the United States, they invaded their settlement, destroyed their property and burned down their houses to ashes, which scattered them for a while. There was a party that settled at Oyouwayea, or Johnson's landing place, on lake Ontario, about four miles east of the mouth of Niagara River, which is at the mouth of the four-mile creek, for the purpose of getting out of the centre of the other Indians which were for the British.
About the close of the war there were two families of the Tuscaroras hunting and fishing along the shores of lake Ontario, and then up the east shore of Niagara River as far as Lewiston, and there left their canoe; then traveled east and up the mountain as far as a place which they now call the Old Saw Mill (now on the Tuscarora Reservation), above the Ayers' farm, where they saw great quantities of butternuts and walnuts and and a nice stream of water flowing down the mountain; there they took their rest, and after remaining several days they concluded to make their winter quarters at that place, which they did. After they were missing for a time from the settlement at Johnson's landing, they were hunted by their people and finally found at this place. A few years after this the Oneidas and Tuscaroras ceded the tract of land that was apportioned to the Tuscaroras; then families after families came and located with those two families mentioned above. This is the beginning of the settlement of the present Tuscarora Reservation.
The Tuscaroras, ever since the revolutionary war, have had their residence within the territory of the Seneca nation, they being considered the father of the Tuscarora by being adopted as such, at the time of their initiation into the confederacy, in the year 1715.
I will here give the boundary of the Seneca Nation domain, according to the treaty entitled "A Treaty between the United States of America and the Tribes of Indians called the Six Nations":
"The President of the United States having determined to hold a conference with the Six Nations of Indians, for the purpose of removing from their minds all causes of complaint, and establishing a firm and permanent friendship with them, and Timothy Pickering being appointed sole agent for that purpose, and the agent having met and conferred with the sachems, chiefs and warriors of the Six Nations, in a general council, now, in order to accomplish the good design of the conference, the parties have agreed on the following articles, when ratified by the President, with the advice and consent of the Senate of the United States, shall be binding on them and the Six Nations.
"Article 1. Peace and friendship are hereby firmly established, and shall be perpetual between the United States and the Six Nations.
"Article 2. The United States acknowledge the lands reserved to the Oneida, Onondaga, and Cayuga Nations, in their respective treaties with the State of New York, and called their reservations, to be their property; and the United States will never claim the same, nor disturb them or either of the Six Nations, nor their Indian friends residing thereon and united with them, in the free use and enjoyment thereof; but the said reservations shall remain theirs until they choose to sell the same to the people of the United States, who have the right to purchase.
"Article 3. The land of the Seneca Nation is bounded as follows: Beginning on Lake Ontario at the northwest corner of the land they sold to Oliver Phelps, the line runs westerly along the lake as far as O-yong- wong-yeh creek, at Johnson's landing place, about four miles eastward from the fort of Niagara; then southerly up that creek to its main fork; then straight to the main fork of Stedman's creek, which empties into the Niagara river above fort Schlosser; and then onward from that fort, continuing the same straight course, to the river (this line from the mouth of O-yong-wong-yeh creek to the river Niagara above Fort Schlosser, being the eastern boundary of a strip of land extending from the same line to Niagara river, which the Seneca Nation ceded to the king of Great Britain at a treaty held about thirty years ago, with Sir William Johnson); then the line runs along the river Niagara to Lake Erie; then along Lake Erie to the eastern corner of a triangle piece of land which the United States ceded to the state of Pennsylvania, as by the President's patent, dated the third day of March 1792; then due south to the boundary of that state; then due east to the southwest corner of the land sold by the Seneca Nation to Oliver Phelps; and then northerly along Phelps' line to the place of beginning, on Lake Ontario. Now, the United States acknowledge all the land within the aforementioned boundary to be the property of the Seneca Nation; and the United States will never claim the same, nor disturb the Seneca Nation, nor their Indian friends residing thereon and united with them, in the free use and enjoyment thereof; but it shall remain theirs until they choose to sell the same to the people of the United States, who have the right to purchase.
"Article 4. The United States having thus described and acknowledged what lands belong to the Oneidas, Onondagas, Cayugas and Senecas, and engaged never to claim the same, nor disturb them or any of the Six Nations, nor their Indian friends residing thereon and united with them, in the free use and enjoyment thereof, etc. Proclaimed January 21, 1785."
You will observe in the treaty above that the name of the Tuscarora Nation is not mentioned at all, and yet speaks of the Six Nations, which includes the Tuscarora Nation. The reason is this: In Article 2 you will observe that all the nations that have their lands on the east side of what is known as the Phelps line were named, and west of that line was the land of the Seneca Nation on which the Tuscaroras resided, and were considered as being merged into the Seneca Nation, and have the benefit of the laws enacted for them.
There was also a contract entered into between the Seneca Nation of Indians of the first part, and Robert Morris. Esq., of the city of Philadelphia, of the second part. At a treaty held under the authority of the United States, at Genesee, in the county of Ontario, State of New York, on the fifteenth day of September, 1797, and on sundry days immediately prior thereto, by the Honorable Jeremiah Wadsworth. Esq., a commissioner appointed by the President of the United States to hold the same, when the Senecas ceded the country that included the now Tuscarora Reservation. The Tuscaroras then and there made their complaint by their chiefs, for the first since they were initiated into the confederacy of the Iroquois; in the presence of the commissioner and the others that are parties to the treaty; that the Iroquois had from time to time allotted them lands and had been ceded each time by the Iroquois, without giving them a farthing to remunerate them for their portion of the lands so ceded, or for the improvements that they had made, and asked if they were to be driven in this manner from place to place all the days of their existence, and if that is the way a father should use their children or brothers should use their brothers, and to keep them living in disappointment; they also alluded to a treaty concluded at Fort Stanwix three years before this, where the commissioners of the United States reserved to them land, which read as follows:
"Article 2. The Oneida and Tuscarora Nations shall be secured in the possession of the lands on which they are settled."
The commissioner then inquired into the merits of the complaint of the Tuscaroras, which the Iroquois affirmed; the commissioner then said to them, that it is not right to make a contract, or to grant anything without faith; it is only honorable when you adhere to your stipulation.
When Robert Morris knew that the Tuscaroras were destitute of land, he reserved and donated to them two square miles being 1280 acres; the Senecas also granted to them one square mile being 640 acres, which grant was made at the convention dated above. On the 13th day of March, 1808, the sachems, chiefs and head men of the Seneca Nation of Indians executed a written indenture of the grant or deed to the Tuscarora Nation, of the one square mile of land above mentioned, and was duly signed by the sachems, chiefs and head men of the aforesaid Indians. On the 22d day of September, 1810, it was entered and put on file in the Niagara County Clerk's office, on page 56; and was again put on file in the Niagara County Clerk's Office, Lockport, in book of deeds 151, page 168, March 13, 1879.
About the year 1800, Solomon Longbard and his brother held private council between themselves, consulting how they might obtain more land to make a permanent home for the Tuscaroras and their generation after them, they concluded to repair to North Carolina and see if they could procure any means from that source, whereby they might obtain more land. In pursuance, the Tuscarora Chiefs in council appointed as delegates Solomon Longboard and Sacarrissa, being sachems of the nation in the year 1801, and in 1802 they effected a lease by the aid of the Legislature of North Carolina, from which accrued $13,722; and in the year 1804, General Dearborn, then Secretary of War, was authorized by Congress to buy land for the Tuscaroras with the said money, by which he bought 4,329 acres of the Holland Land Company, which is now on the south and east side of the three square miles mentioned above, which now constitutes the Tuscarora Reservation.
The Tuscarora Nation was once more at peace and in possession of lands which they could call their own.
Tuscaroras at North Carolina.
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."
CHAPTER 43.
"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."
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 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.
LAWS OF NORTH CAROLINA, A. D. 1780, CHAPTER 167. PAGE 406, VOL. I, BY POTTER, TAYLOR & YANCEY.
"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.
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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.—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."
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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—
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.
