LAWS OF THE COLONIAL AND STATE GOVERNMENTS, RELATING TO INDIANS AND INDIAN AFFAIRS, FROM 1633 TO 1831, INCLUSIVE: WITH AN APPENDIX CONTAINING THE PROCEEDINGS OF THE CONGRESS AND THE LAWS OF CONGRESS, FROM 1800 TO 1830, ON THE SAME SUBJECT. WASHINGTON CITY: 1832. LIBRARY OF THE LELAND STAN RITY. Entered according to act of Congress, in the year 1832, by THOMPSON AND HOMANS, in the Clerk's office of the District Court, of the District of Columbia. A40397 MAR 29 1900 WAY AND GIDEON, PRINTERS. The work now presented to the public will, it is believed, supply an important desideratum in our history. The relations in which the several aboriginal nations, whose remnants are now within the limits of the United States, stood to the European discoverers of this continent; to the governments founded by the powers of which those discoveries were subjects; and to the government resulting from the war of Independence; are obvious and primary objects of attention in all investigations on the extensive subject of Indian affairs. Without constant reference to these topics, neither the legislator who desires that the policy of the federal government towards the Indians should be wise and equitable, nor the historical inquirer whose object is the ascertainment of truth, can reasonably expect success. The first point in the Indian relations to which we have adverted, is, perhaps, sufficiently illustrated by the discussions, legislative and judicial, to which recent events in our country have given rise. To the proper understanding of the two other points, the present publication will be found to contribute in no small degree. No pains have been spared to collect the several laws of the colonial legislatures, the states and the federal government, in relation to the Indians; but, of course, from the nature of the undertaking, the result has not been in every instance satisfactory. The acts of Massachusetts given in this volume, embrace a period of one hundred and ninety-six years, from 1633 to 1829; those of Connecticut, one hundred and forty-nine years, from 1672 to 1821; those of Rhode Island, one hundred and fifty-nine years, from 1663 to 1822; those of Maine, five years, from 1821 to 1826; those of New York, fifty-four years, from 1777 to 1831; those of New Jersey, one hundred and eighteen years, from 1703, to 1821; those of Pennsylvania, seventy-four years, from 1700 to 1774; those of Maryland, ninetyfour years, from 1704 to 1798; those of Virginia, one hundred and seventy years, from 1658 to 1828; those of North Carolina, one hundred and fourteen years, from 1715 to 1829; those of South Carolina, seventy-seven years, from 1739 to 1816; those of Georgia, fifty-seven years, from 1774 to 1831; those of Tennessee, thirteen years, from 1794 to 1807; those of Ohio, about one year, from 1809 to 1810; those of Indiana, twenty-four years, from 1807 to 1831; those of Illinois, one year, from 1813 to 1814; those of Alabama, nine years, from 1820 to 1829; and those of Florida territory, four years, from 1827 to 1831. Of New Hampshire, we are able to give but one law, that passed in 1715; only one of Kentucky, the act of 1810; only one of Mississippi, the act of 1830; and only one of Missouri, the act of 1824. We have placed in an Appendix, the proceedings of Congress under the old Confederation, on the Indian subject. The period thus occupied, is thirteen years, from 1775 to 1788. The remaining and easiest part of our enterprise, has been the compilation of the Laws of the United States, relating to Indians and Indian affairs. The controversy during the last few years between the state of Georgia and a portion of the Indians, has rendered the question of their rights and relations, one of the first magnitude in the policy of the United States. It will probably retain this distinction, until all the Indian tribes shall have perished, or have become merged in communities of civilized man; and even after such events, it will continue a permanent topic of historical interest. The notice already taken of the contents of the present volume, supersedes the necessity of enlarging on its capacity to assist researches on that subject, whether undertaken with a view to legislative action or speculative inquiry. In the execution of a task, exacting the use of materials widely diffused and not always readily accessible, some errors and omissions may probably be discovered. Trusting that any such will be ascribed to their true causes, the novelty and the nature of the work, we have only now to add an assurance, that the utmost diligence has been exerted to render it accurate and complete. CONTENTS. MASSACHUSETTS, FROM 1633 TO 1829. Page. 9 An act for settling the Indians' title to lands in this jurisdiction, An act of the Province of Massachusetts Bay, passed 1693-4, for the better rule and government of the Indians in their several plantations, 12 An act for the allowing necessary supplies to the Eastern Indians, and for regulating trade with them, and for the repealing an act, entitled "An act to prohibit trade and commerce with the Eastern Indians," made and passed in the eighth year of his present Majesty's reign, An act for explaining an act, entitled "An act to prevent and make void clandestine and illegal purchases of lands from the Indians, so far as relates to the devise or bequest of any real estate by the last will and testament of any Indians, 14 15 An act in addition to the several acts for the better regulating the Indians, 15 An act for the better regulating of the Indian, Mulatto, and Negro proprietors and inhabitants of the plantation called Marshpee, in the county of Barnstable, 17 An act in addition to an act, entitled "An act for the better regulating of the Indian, Mulatto, and Negro proprietors and inhabitants of the plantation called Marshpee, in the county of Barnstable," An act for the protection of the Indians and their property, in that An act for the better regulation of the Indians, and other people of colour, inhabitants of the island of Chappequidick, in the county of Duke's county, An act for the better regulation of the Indian, Mulatto, and Negro proprietors of Gay Head, in the county of Duke's county, An act in addition to an act for the better regulation of the Indian, Mulatto, and Negro proprietors of Gay Head, in the county of Duke's county, An act in addition to an act, entitled "An act for the protection of the Indians and their property, in that part of Duke's county, known by the name of Christiantown," An act in addition to the several acts respecting the Indians and other persons proprietors and residents on the plantations of Marshpee and Herring Pond, so called, An act regulating the duties of trustees and guardians of Indians or tribes of Indians within this commonwealth, An act for the better regulation, instruction and government of the Indians and people of col ur in the county of Duke's county, An act in addition to the act, entitled "An act to set off to the patentees and other purchasers, certain lands on the island of Chappaquiddic, in the county of Duke's county, and finally to adjust and determine all disputes between the said patentees and other purchasers and the Indians on said island, and to prevent cattle, horses, sheep, goats and swine from going at large on the said island at certain seasons of the year. |