THOMAS] NORTH Carolina's policy toward the Indians (129 



~II. AVe pray that it may be enacted, auil )><• it enacted, by bis Excellency Gover- 

 nor Gabriel .lohuston. Esq ; Governor, by and -vvitli the advice and consent of his 

 Majesty's Council and General Assembly of this province, and it is hereby enacted 

 by the authority of the same. That the lauds formerly allotted the Tnskcrora Indi- 

 ans, by solemn treaty, lying on Morattock river, in Bertie county, being- the same 

 whereon they now dwell, butted and bounded as follows, viz. beginning at the 

 mouth of Quitsuoy swanii), running up the said swamii f""i' hundred and thirty 

 pole, to a scrubby-oak near the head of said swamp, by a great spring; then North 

 ten degrees east, eight hundred and fifty-pole to a persimon tree on Raquis swamp; 

 then along the swamp and Pocosion main course. North fifty-seven degrees West, 

 two thousand six hundred and forty pole, to a hickory on the east side of the falling 

 run or deep creek, and down the various courses of the said run to Morattock river, 

 then down the river to the first station; shall lie confirmed and assured, and bj- 

 virtue of this act is confirmed and assured, unto James lilount, chief of the Tus- 

 karora nation, and the jieople under his charge, their heirs and successors, for ever; 

 any law, usage, custom or grant to the contrary notwithstanding. 



Jiid he il further enacted by the authority aforesaid, That no person, for any con- 

 sideration whatsoever, shall purchase or buy any tract or parcel of land, claimed, or 

 in possession of any Indian or Indians, but all such bargains and sale shall be, and 

 hereby are declared to be null and void, and of none eft'ect ; and the person or i)crsou8 

 so purchasing or buying auy land of any Indian or Indians, shall further forfeit the 

 sum often pounds proclaimation money, for every hundred acres by him purchased and 

 bought; one half to the use of the public, the other half to him or them that shall 

 sue for the same; to be recovered by action of debt, bill plaint or information, in 

 any court of record within this government wherein no ession, protection, injunction 

 or wager of law, shall be allowed or admitted of.' 



In 1761 the British goverumeut is.sueil iustruction.s to the governors 

 of the several American colonies, including North Carolina, South 

 Carolina, and Georgia, and "the agent for Indian affairs in the southern 

 department" (given above under New York), forbidding purchases of 

 laud from the Indians without first having obtained license to this 

 efl'ect. 



As the only other dealings of importance by North Carolina with the 

 Indians were with the Cherokee, which have been set forth by Mr lioyce 

 in his paper in the Fifth Annual lieport of the Bureau of Ethnology, 

 it is only necessary to mention the more important and refer the reader 

 to the memoir cited. 



In 1730 Sir Alexander Cumming was commissioned by the authorities 

 of North Carolina to conclude a treaty with these Indians. Although 

 it included no cession of lauds, the tribe agreed to submit to the 

 sovereignty of the King and his successors, and to permit no whites 

 except the English to build forts or cabins or plant corn among them. 



In 1762 a grant to one Captain Patrick Jack was signed by (lovernor 

 Dobbs and Little Carpenter for certain lands in eastern Tennessee, 

 which it seems had been purchased by Jack of the Cherokee in 1757. 



Lauds on AVatauga and Nolachucky rivers (at that time, 1772-1775 

 in North Carolina, now in Tennessee) were purchased of the Indians 

 by the pioneers who had pushed their way over the mountains into the 

 valleys of these streams. 



' Public Acta. General Assembly N. C, by J.imes IrcUi-Il (1801). pp. 23-35. 



