OCR Text |
Show 37 5G6 INDIAN LAND CESSIONS IN THE UNITED STATE8 [ETH.AXK. 18 their county for sale of their lauds." But this was to be done only ou condition that a majority of the Indians desired it, and that the terms were just. This policy of granting to county commissioners the right to purchase Indian lands was soon found to lead to fraud and injustice, hence the passage of the following laws relating to the sales by Indians.1 The first declaration of general policy in respect to Indian lands is found in the act of March 10, 1G55, which is as follows: Act. 1. What lands tho Indians shall be possessed of by order of this or other euBiieing Assemblyes, such laud shall not be alienable by them the Indians to any man de'futnro, for this will putt vs to a continuall necessity of allotting them new lauds and possessions aud they will be allwaics in feare of what they hold not being ablo to distinquish between our desires to buy or inforceuient to have, in case their grants and sales be desired; Therefore be it enacted, that for the future no such alienations or bargaines and sales be valid without the assent of Assembly. This act not to prejudice any Christian who hath land allready granted by pattent.2 The following acts of the same general tenor are extracted from Hening's Statutes, and need no comment: [March 13th, 1657-8. Act. 51. Enacted:'] That there be no grants of land to any Englishman whatsoever (de futuro) vntil the Indians be first sorved with the proportion of ffiftie acres of laud for each bowman; and the proportion for each per-ticular to wno to lie together, and to be surveyed as well woodland as cleered ground, and to bo layd out before pattented, with libertie of all waste and vnfenced land for hunting for the Indians. Further enacted, that where the land of any Indian or Indians beo found to bo included iu aDy pattent allreadic granted for land at Rappahannock or the parts adjacent, such pattentee shall either purchase the said land of tho Indians or relinquish the same, and be therefore allowed satisfaction by the English inhabitants of the said places.^ [Act 72. same assembly :] All the Indians of this collonie shall and may hold and keep those eeates of land which they now have, aud that no person or persons whatsoever be suffered to entrench or plant vpon such places as the said Indians claime or desiro vntil full leave from the Governour and Councill or com'rs. for the place; Yet this act not to be extended to prejudice those English which are now seated with the Indians' former consent vnles vpon further examination before the Grand Asseinblie cause shall be fonnd for so doeing . . . Further enacted. That the Indians as cither now or hereafter shall want seates to live ou, or shall desire to remove to any places void or vntaken vp, they shall be assisted therein, and order granted them, for confirmation thereof, And no Indians to sell their lands but at quarter courtes, Aud that those English which are lately gone to seate neare the Pamunkies and the Chichominyes on the north side of Pamunkie river shall be recalled and such English to choose other seates else whore, and that the Indians as by a former act was granted them, shall have free liberty of hunting in the woods without the English fenced plantations, these places excepted between Yorke river and James river aud between the Black water and the Manakin towne and James river, and noe pattent shall be adjudged valid which hath lately passed or shall pass contrary to the seuse of this act, Nor none to be of forco which shall intrench vppon the Indians' lands to their discontent without expresse order for the same.' The act of March 13, 1658, same assembly, ratifies the grant of the "Wiccacomoco Indians" of certain lands belonging to them in Northumberland comity to the "honourable Samuel Mathewes," governor. . Hurl;, History of Virginia, vol. II, p. 10=. " ™d- P- «6-457. t Hcning'e Statutes at Large, vol. I, p. 396. «Ibid., p. 467. |