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Show 36 IHOMAS] VIRGINIA'S POLICY TOWARD THE INDIANS 565 ticulars are given nor does he say anything more in regard to it. In 1G39-40 the Indians became restless and dissatisfied because of tho encroachments made upon their lands by the vast and indiscriminate grants made by Hervey. These encroachments were on the lands secured to the Indians by the treaty of 1G3G, and led to a war with Opechancanough.1 However, it seems that at some time between 1G40 and 1G42 peace was concluded through the general assembly. In this case, according to Burk, it was made separately with the heads of tho tribes and in a spirit of humanity. It was attained "by mutual capitulations and articles agreed and concluded on in writing." But these do not appear in auyof the published records, therefore it is impossible to state what reference was made to lands or boundaries. By an act of the " Grand Assembly," October 10,1649, it was ordered as follows:2 Act. 1. Art. 2. Thatit shall be free for the saidNecotowanco [ " K i n g " of tho Indians] and his people, to inhabit and hunt on the north side of Yorko River, without any interruption from the English. Provided that if hereafter, It shall be thought litt by the Governor and Council to permitt any English to inhabitt from Poropotanke downewards. that first Nocotowance be acquainted therewith. Art. 3. That Necotowance and his people leave free that tract of laud between Yorke river aud James river, from the falls of both the rivers to Kequotan, to tho English to inhabitt on, and that neither he the said Necotowance nor any Indians do repairo to or make any abode vpou tho said tract of land, vpou pain of death. An act was passed July 5, 1653, securing such lauds on York river as he should make choice of to Totopotomoy, the successor of Opechancanough, as follows: The order of tho last Assembly in tho biismes relatoiug to land in York River desired by Tott.iipottoinoy, as information by some particular members of this Assembly is now represented, is ordered to be aud remaine in force as formerly, Provided he lives on tho same; but if he leaves it then todovolvo to Coll. William Clay-borne, according to former orders which gave him libertie to make his choice, whether he would have Ramomak, or tho land where now he is seated, and that ho appear iu person before the Governor aud Council to make his ehoico the next quarter courte which of the two seates he will hold, and Capt. John West, and Mr. William Hocka-day aro enabled to give a safe conduct to the said Tottopnttomoy and his Indians for their coining to towne, a i d his returno home. And the commissioners of York are required that such persons as aro seated vpou tho land of Pamunkey or Chicka-hominy Indians bo removed according to a lato act of Assembly made to that purpose, And Coll. John Eludd to go to Tottopottomoy to examine the proceedings of business and to deliver it vpnn his oath.:l At the same time the commissioners of Gloster (the statute says Gloster but Burk says York) and Lancaster counties were directed "to proportion tho Indians inhabiting the said counties their several tracts of land . . . aud to set aud assign them such places and bounds to hunt in as may be convenient both for the inhabitants and Indians." By act 4 of the same assembly tho commissioners of Northampton county were empowered "to take acknowledgment of the Indians in 1 liurk, niatory of Virginia, vol. m, p. 53. • llenlng'H StBtiitCM nt Large, vol. l (18'.M) m, 313 y>A 'Ibid., p. 380. " |