566 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.axn. 18 



their county for sale of their lauds." But this was to be done only 

 ou cou€litiou 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 tlie following laws relating to the sales 

 by Indians.' 



The first declaration of general policy in respect to Indian lands is 

 found in tlie act of March 10, 1655, which is as follows: 



Act. 1. Wliat hinds the Indians shall be possessed of by order of this or other 

 ensueiug Assemblyes, such hand shall not be alienable by tbem the Indians to any 

 man de fiituro, for this will putt vs to a continnall necessity of allotting them new 

 lands and possessions and they will be all waies in feare of what they hold not being 

 able to distinquish between our desires to buy or inforcemeiit to have, in ease 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 laud allready granted by pattent."^ 



The following acts of the same general tenor are extracted from 

 Hening's Statutes, and need no comment: 



[March 13th, 1657-8. Act. 51. Exacted :2 That there be no grants of land to 

 any Englishman whatsoever (de futuro) vntil the Indians be first served with the 

 proportion of fflftie acres of land for each bowman; and the proportion for each per- 

 ticular towne to lie together, and to be surveyed as well woodland as cleered ground, 

 and to be layd out before pattented, with libertie of all waste and vnfenoed land for 

 hunting for tlie Indians. Farther enacted, that where the laud of any Indian or 

 Indians bee found to bo included in any pattent allreadie granted for land at Rappa- 

 hannock or the parts adjacent, such pattentee shall either purchase the said land of 

 the Indians or relinquish the same, and be therefore allowed satisfaction by the 

 English iuhabitauts of the said places.'' 



[Act 73, same assemblj' :] All the Indians of this collonie shall and may hold and 

 Iceep those seates of land which they now have, and that no person or persons what- 

 soever be suffered to entrench or iilant vpon such places as the said Indians claime or 

 desire vntil full leave from the Governour and Couucill or com'rs. for the place; Yet 

 this act not to be exteuded to prejudice those English which are now seated with 

 the Indians' former consent vnles vpon further examination before the Grand 

 Assemblie cause shall be found for so doeiug . . . Further enacted. That the 

 Indians as either now or hereafter shall want seates to live on, 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. And that those English which are lately gone to seate neare the 

 Pamunkies and the Chichominyes on the north side of Pamuukie river shall be 

 recalled and such English' to choose other seates else where, 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 and Ijetween 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 sense of this act. Nor none to be of force which shall intrench 

 vppou the Indians' lands to their discontent without expresse order for the same.^ 



The act of March 13, 165S, same assembly, ratifies the grant of the 

 "Wiccacomoco Indians" of certain lands belonging to them in North- 

 umberland county to the "honourable Samuel Mathewes," governor. 



'Burk, History of Virginia, vol, II, p. IOC. ' Ibid., p. 456-457. 



^Hening's Statutes at Large, vol.1, p. 39G. * Ibid., p. 467, 



