NEW York's policy toward the Indians 585 



It will be observed that tbe state ackuowledged, in the most solemn 

 manner possible, the frauds practiced on the Indians in regard to their 

 lauds. 



Numerous acts were subsequently passed by the legislature in regard 

 to Indian lauds, but one only of these, which is general in its scope, is 

 here noticed. This act, which was passed in 1788, is as follows : 



AN ACT to punish infractions of tliat article of tlio Constitution of tbis State, prohibiting pur- 

 chases of lands from the Indians, without tbe autliority and consent of the Legislature, and more 

 eft'ectually to provide against intrusions on the unappropriated lands of tbis State. 



Whereas, by the thirty-seventh section of the Constitution of this State, reciting 

 that it is of great importance to the safety of this State, that peace and amity with 

 the Indians within the same be at all times supported and maintained ; and that the 

 frauds too often practiced towards the said Indians, in contracts made for their lands, 

 have, in divers instances, been productive of dangerous discontents and animosities; 

 it is ordained, that no purchases or contracts for the sale of lands, made since the 

 fourteenth day of October, one thousand seven hundred and seventy -five, or which 

 might thereafter be made with, or of the said Indians within the limits of this State, 

 shall be binding on the said Indians, or deemed valid, unless madeunderthe author- 

 ity, and NviHi the consent of the Legislature of this State. In order, therefore, more 

 eft'ectually to provide against infractions of the Constitution in this respect, 



1. Be it enacted by the people of the State of New York, represented hi Senate and 

 Assembly, and it is herebii enacted h'j the authority of the same, That if any person shall 

 hereafter, unless under the authority, and with the consent of the Legislature of 

 this State, in any manner or form, or any terms whatsoever, purchase any lands 

 within the limits of this State, or make contracts for the sale of lands within the 

 limits of this State, with any Indian or Indians residing within the limits of this 

 State, every person so i)urchasiug, or so making a contract, shall be deemed to have 

 oft'ended against the people of this State, and shall, on conviction, forfeit one hun- 

 dred pounds to tbe people of this State, and shall be further punished by fine and 

 imprisonment, in the discretion of the court. 



2. And he it further enacted hij the (intliority aforesaid. That every person who shall 

 hereafter give, convey, sell, demise, or otherwise disjiose of or oft'er to give, convey, 

 sell, demise, or otherwise dispose of any lands within the limits of this State, or any 

 right, interest, part or share, of or in any lauds within the limits of this State, to 

 intrude, or enter on, or take possession of, or settle on any lauds within tbe limits of 

 this State, pretending or claiming any right, title, or interest in such lauds by virtue, 

 under colour, or in consequence of any purchase from, or contract for the sale of 

 lands made with any such Indian or Indians as aforesaid, at any time since the four- 

 teenth day of October, one thousand seven hundred and seventy-five, and not under 

 the authority, and with the consent of the Legislature of this State, every such per- 

 son shall be deemed to have oft'ended against the people of this State, and shall on 

 conviction, forfeit the sum of one hundred pounds to the people of this State, and 

 be further punished by fine and imprisonment, in the discretion of the court. 



And he it further enacted by the aiilkorily aforesaid, That if any persons other than 

 Indians, shall, after the passing of this act, take possession of, or intrude or settle 

 on any of the waste or ungranted lands of this State, lying eastward of the lands 

 ceded by this !^taU- to the Commonwealth of Massachusetts, and westward of the 

 line or lines commonly called the Line of Property, agreed on between the Indians 

 and the Superintendent of Indian affairs, in the year one thousand seven hundred 

 and sixty-eight, every person so taking possession of, or intruding or settling on any 

 such waste or ungranted lauds,within the limits aforesaid, shall be deemed as holding 

 such lands by a foreign title, against the right and sovereignty of the people of this 

 State; and it shall and luay be lawful for the person administering the government 

 of this State for the time being, and it is hereby declared to be his duty to retuove, 



