Cp970.O3 H87s Letter Concerning Tuscarora Lsnde in Bertie County, N.C Orimes Ct)e iLibtatp of t^e Onit)et0ltp o( jeotti) Carolina Collection ot Mott^ Catolmiana '^1^10 book tt)a0 pte^enUd G) 970.03 "^'VV^ \ A LETTER CONCERNING THE LANDS FORMERLY HELD BY THE TUSCARORA INDIANS IN BERTIE COUNTY, NORTH CAROLINA. 6)'^ 1 ^ NOTE, This letter lias been published to satisfy inquiries of nu- merous corresiiontlents for iuforuiation coucerning the claim of the Tuscarora Indians to a reversionary interest in cer- tain lands in Bertie County, North Carolina. State of North Carolina. Department of State, Mr. Luther W. Jack. Raleigh, April 5, 1911. Sccrctanj People's Riglits Society, Lciciston, \. Y.. R. F. D. IS. I»EAK Sir: — Your coiniiiunication to the Governor has been referred to me. with the request that I give you information concerning the claim of the Tus- carora Indians to a reversionary interest in certain lands in P.ertie County. After the Tuscarora Indian War. about 1712-1715, most of tliat Xntidii moved to join the Iroquois in New York. A part of the Tuscaroras in this State were friendly to the whites and aided them in the war. The chief of this branch of the tribe wjjs known as "King" Tom Blount, and in recognition of his services to the whites he was on the .5th day of .June, 1717 (see Colonial Kecords of N. ('.. vol. 2, page 283). granted by the province of North Carolina certain lands on Murratock (later Roanoke) River in North Carolina. In 1748 the General Assembly passed an act. chapter 3 (see State Records of N. C. vol. 23, page 209). entitled "An act for ascertaining the hounds 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 live upon the same : and to pre- vent any person or persons taking up lands or settling within said bounds l)y pretense of any iiurchase or purchases made, or that shall be made from the said Indians." These lauds were described as follows : "Beginning at the Mouth of Quitsnoy Swamp, running up the said Swanq> Four Hundred and Thirty Poles to a Scrubby Oak. near the Head of the said Swamp, by a ("ireat Spring: then North Ten Degrees East. Eight Hundred and Fifty Poles to a Persinnnon Tree on the Raquis Swamp ; then along the Swamp .and Pocoson 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 Morratock River: then down the River to the first Station." This was "confirmed and assured" unto .James Blount. "Chief of the Tus- carora Nation and the jteople under his charge, etc." Section three of this act provided that jiarties who had taken up grants in that area could enter and occupy and enjoy the same uiion the said Indians deserting or leaving the said lands. In IJCiCi. cliai)ter 2;t (see State Records of N. C. vol. 25. page .507). the (Jen- eral Asseml)ly passed "An act contirming a lease made by the Tuscarora In- dians to Roliert .Jones. .Tr., William Williams, and Thomas Pugh. E.s(iuires." The lease to Jones. Williams, .-ind I'ngli was for a large ]iart of tlie Indian lands on Deep Crock, the consideration lieing tifteen hundred jiounds proclamation money. It was signed Ity aliont forty of the chieftains .and lie.-id men of th(^ X.-ition on l>ebair of tlieiiisel\'es and the rest of the Tuscai'ora Indians. The term of tiie lease was for one liundred and fifty years, and w;is to setau'c money "in order to defray the exjiense of removing themselves and their effects fioui this province to tlie settlements on the River SuS(juehainia." This act was also for tlie jirotetion of the Indians in the enjoyment of the use and rights to their lands. Section six of this act provide). II. Dearborn. Secretary of War. in a letter to Governor Benjamin Williams. inf(n'ms him that a deputa- tion from the Tuscarora ludians. accompanied by an interpreter, was on the way to Raleigh, to wait on him with the object "to jirocure from the State of North Carolina for the sale and cession of the right whifh they stippose still to possess, a sum of money with which to purchase the lands in the vicinity of those in which they now reside." He further notified Governor Williams that the President of the fnited States had appointed Hon. William It. Davie cavie "is commissioned witli full powers to attend the ne.irotiation and .^ive the necessar.v sanction and consent of the T'nited States to snch terms as the Legislature of the State or tlii'ir aji'ents and the c'liief ma.v atrree on." The General Assembl.v of ISdii (Martin's Laws. cha])ter 4. paLce r.)4) passed "An act for the relief of tlu' Tnscarora Nation of Lidians." This act author- ized the chiefs to lease the lands and extend leases alread.v made, which leases were to he contirmed h.v an act of the (Jeneral Assemhl.v in snch manner that, the whole of the leases on said land should terminate at the same i)eriod. (After the Jones-Williams-Push lease t'nv l.lo years, snliseiinent leases had been made for 9!) years.) The act authorized the (iovernor to appoint commis- sioners for carryinir the act into effect. The ait fiuther recites that "Whereas the Chiefs. Sacarusa and Lon^lioard, and Sanniel Smith, bein;: duly and sev- erall.v authorized and empowered li.A' said Tnscaroj'a Nation, have consented that the Indian claim to the use. possession, and occU]iancy of said lands shall cease and be extintcuished when the said lease made in the year 17GG to Itobert Jones and others shall expire: Be it further enacted. That from and after the "12th day of Jul.v which shall fall in the .vear 1916 the whole of the lands allotted to the said Tnscarora Indians liy an act of the General Assembly passed at New Bern on the loth day of October in the year of r. thence down the Ki\'er to the first station, containing I'orty-one thousand one Innnli'ed .-md thirteen acres." The rei)ort. map. and papei's accomiian.ving them are miiiiue and inicresting docinnents. All the acts in I'eference to the 4'uscarora Indian lands proxided ili.at the re\-ersions after the exjiiration of tin' leases in IttlCi should lie \-ested in the State. 6 111 1816 the Supreme Court of North Carolina held, in the ease of Sacarusa and Longboard against William King's heirs, that the grant made by Governor Eden in 1717 to the Tuscarora Tribe of Indians was absolute and uncondi- tional, and that the Indians had a fee-simple right to the lands, and not an "Indian title." ( See Supreme Court Reports of North Carolina, vol. 4. p. 31(i. ) In 182.") the General Assembl.v passed an act. chapter 18, page 13, entitled "An act concerning the lands held in leases from the Tuscarora Tribe of In- dians." The preamble of the act stated that persons holding these leases were subject to great inconvenience from their estates "lieing mere chattel interest," and for the remedy thereof the General Assembly enacted a law declaring that the land should be considered as real estate in fee simple for the term of their leases, but ''Provided, that nothing in this act shall be so construed as to give to the individuals holding the said terms of years a right to enjoy the same for a longer period than is designated in the leases executed liy the Tuscarora Indians." On November 12. 1828, P. B. Porter. Secretary of War. notified Governor James Iredell that Sacarusa and Longboard. two principal Tuscarora Chiefs, with the grandson of the former, were on their way to North Carolina "for the purpose of adjusting some claim which that Nation supposes itself to have on lands within your State, from which they formerly emigi-ated." He further says: "I feel confident they will receive from your Excellency and the other constituted authorities of North Carolina that consideration which is due to a people who have no other means of enforcing their rights than the moral obligations which such rights when established impose." (See Governor's Letter Book, 1828. iiage 160.) On November 2(). 1828, Governor Iredell transmitted to the General Assem- ])ly a iiicinorial fi'dui the Chiefs of the Tuscarora Nation. This memorial was referred to a special committee of the House and Senate, and the report of that committee, signed by George E. Sprnill, chairman, is to be found in the Journal of the General Assembly of North Carolina, beginning at page 27-j. Acting upon that memorial and report the General Assembly (see Laws of N. C.. session 1828-'29. chapter 19. page 11) passed "An act concerning the lauds for- merly occupied by the Tuscarora Tribe of Indians lying in Bertie on the south side of Roanoke River."' This act recited that "Whereas the Tuskarora Indians have for more than a century been the firm and undeviating friends of the white people of this comitry. insomuch that tlie State of North Carolina is disposed not only to render to them full and complete justice, but also to exer- cise towards them that spirit of generosity which tlieir conduct has merited, therefore, etc." In this act William R. Smith of Halifax. Simmons J. Balcer of Martin, and William Brittain of Bertie were appointed commissioners for the purpose of advertising and selling these lands. "The title so sold by the said commissioners shall be understood to extend only to the reversion of the State in said lands after the expiration of the leases of the Indians from which they are now held." The Public Treasurer was to collect the money due on the lands and to pay the money over to the tribe or nation of Indians, or other projierly authorized agent or agents: u]ton wlilcli the Indians sur- rendered and made "a full and complete release of all such claim (n- pretense of title as they now make or ever may have to aforesaid tract of land." T'nder this act these lands were sold, and the Treasurer in 1832 paid to Bates Cook, lie beiii.i,^ a]>]»oiute(l a.i^oiit of the Tuscavora Indians, the sum (»f v.".,i:"_'ii.71. The reeoi-d of this voueher. No. 2.18, is to he seen in the Treasurer's ultiie. book of 1832, i>aj;:e .'ilT. The Treasurer's reports sliow two otlier small items paid to the Tuscarura Indians about thi.s time, the rea.son for which payments I have not l(Joked into. On the 19th day of November. 1831, William Chew. Nicholas ("asie, George Warchief, Jonathan Printup. Matliew Jack. William Johnson, and Isaac .Miller. Chiefs of the Tuscarora Nation of Indians, of the first part, in consideration of $3,250 lawful mone.v nf the United States in tliem in hand paid, executed to the State of North Carolina a deed by wliidi they ij;ranted. Itarsained. sold, remised, released, alienetl, and contirmed unto the jieople of the State of North Carolina, "in their actual jiossession now lieiuLC and to their as~-i;,'ns forever, all their lands, tenements, and liereditameiits situate, lyin.LC. and being in the County of P.ertie in the said State of North Carolina, together with all and singular the api)urtenances thereunto belonging or in an,v wise apiiertaining, and the reversion and reversions, remainder and remainders thereof, and the estate, right, title, interest, claim and demand whatsoever of the said parties of tlie first part, either in law or eijuity, of. in. and to the above bargained prennst's. with the hereditaments and appurteuam es." Tliis deed was properl.v witnessed li.v the Indians in person coming before Kobert Fleming, First Judge of the Niagara Count.v Court of Connnon I'leas of New York. The signature of Judge Fleming was authenticated liy Enos. T. Throo]i. Governor of the State of New York. .These are all the leases and papers that I tind tliat 1 think will be of use to you in determining the status of your claim for the reversionary interest in tlie Tuscarora lands in Bertie Count.v. If you desire an investigation of this matter liy an attorney reiiresenting the Indians, it seems to me th.at it would be wise for you to select some man of standing in this State wlio can go into the details of tlie matter very care- fully for you. I sliall l)e glad to assist him in finding all records connected witli this transaction. 1 imderstand from Chief Mount Pleasant that an attorney at Washington City has Iteeu employed, wliich probalily means use- less expense to you all in tlu' prosecution of an untenable claim. Uespectfully. ^ P.KYAN (JKIMES. Sccrctdi!/ i)f Sfdfi . Digitized by the Internet Archive in 2011 with funding from University of North Carolina at Chapel Hill http://www.archive.org/details/letterconcerningOOnort UNIVERSITY OF N.C. AT CHAPEL HILL 00032203730 This book may be kept out one month unless a recall notice is sent to you. It must be brought to the North Carolina Collection (in Wilson Library) for renewal. « Form No. A-369