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likewise the contract or treaty made with the Seneca nation of Indians, relative to lands at the east end of lake Erie, including Black Rock, are hereby declared to be ratified and confirmed.

ly paid to cer

$8. And be it further enacted, That the treasurer of this state certain sums shall annually, on the warrant of the comptroller, pay to the order of to be annualthe person administering the government of this state, out of any mo- tain Indians. nies in the treasury, the following sums, to wit: the sum of four thousand eight hundred and sixty-nine dollars and twenty-eight cents,

rier.

When to be

How to be

for the use of the Oneida tribe of Indians; the further sum of two Oneida tribe. thousand dollars, for the use of the Onondaga tribe of Indians; the Onondaga. further sum of two thousand three hundred dollars, for the use of the Cayuga tribe of Indians; and the further sum of fifty dollars, for the Cayuga. use of the posterity of the Cayuga chief, Fish Carrier, being the an- Posterity of nuities to be paid to the said tribes and the posterity of the Fish Car- the Fish Car rier respectively, and in lieu of all former annuities, in conformity to the said articles and the said treaty with the Oneida Indians, which said annuities shall be paid on the first day of June in every year, at the several places specified in the said articles and treaty for that pur- paid. pose, at the expense of this state; and the person administering the government of this state, is hereby authorised to cause the said an- paid. nuities to be paid in such manner, and by such persons as he shall think proper, and as may be most agreeable to the said Indians and the least expensive to this state, and for that purpose he may direct the surveyor-general to perform the service, or make such arrangements or contracts with any other persons relative thereto, as he may judge proper: Provided however, That such part of each of Proviso. the said annuities as the person administering the government of this state shall in his discretion direct for that purpose, shall be first appropriated to the support of the public school, if any, instituted within the limits assigned to the said tribes respectively, in which Indian children shall be taught, and that the monies so appropriated for the support of public schools within the said Oneida tribe, shall be distributed in such manner as that the several villages of the said Oneida tribe may, as near as may be, equally enjoy the benefit thereof: And further, The treasurer of this state shall, annually, on the warrant of the comptroller, pay to the order of the person adminis- paid the tering the government of this state, such annuity as shall become due christin parto the said christian party of Indians, by the stipulations contained in Indians. the treaty or purchases referred to in the preceding section; and also, And to the the sum of three hundred dollars annually, for the Oneida nation of Oncida naIndians, to be paid to the said Indians pursuant to the treaty referred in. to in the said preceding section; and also, such annuity as shall become due to the Cayuga nation by the stipulations contained in the ga nation. treaty or contract with the said Indians, also specified in the said preceding section; and all such other annuities as shall have arisen or become due by virtue of any contract, treaty, or purchase, with any nuities. of the tribes or nations of Indians in this state, made under the sanction of the legislature thereof, or subsquently ratified by law. $9. And be it further enacted, That the tract of land of six miles Certain limits square, confirmed by the Oneida Indians to the Stockbridge Indians, the by the treaty held at Fort-Stanwix in the year one thousand seven hundred and eighty-eight, shall be called New-Stockbridge, and be

VOL. III.

45

Annuity to be

To the Cayu.

All other an

confirmed to

Stock

bridge In dians.

Without power of

alenation.

Recital.

and remain to the said Stockbridge Indians and their posterity for ever, but without any power of alienation, or right of leasing or disposing of the same, or any part thereof.

And whereas a claim is set up by the Oneida nation of Indians to the lands occupied by the Brothertown and Stockbridge Indians: And whereas several tracts of the land occupied by the Brothertown and Stockbridge Indians, have been sold in fee simple under the authority Further reci- of the state: And whereas the said claim is likely to create controversies and disputes between the said Indians, and will materially affect the interest of the state: Therefore,

tal.

A certain claim of the

S 10. Be it further enacted, That the person administering the Oneida In government of this state be, and he is hereby authorised to cause the dians to be said claim of the Oneida Indians to be investigated; and in case the investigated. said Oncida nation of Indians shall appear to have any just, legal or equitable claim to the lands occupied by the said Brothertown and Stockbridge Indians, to cause the said claim to be purchased, or otherwise extinguished; and that the treasurer, on the warrant of the comptroller, pay to the order of the person administering the government of this state, the expenses and consideration money of such investigation and purchase.

None but the
Indians to

lands.

$11. And be it further enacted, That it shall be unlawful for any person or persons, other than Indians, to settle or reside upon any side on their lands belonging to any nation or tribe of Indians within this state: and if any person shall settle or reside on any such lands contrary to this act, he or she shall be deemed guilty of a misdemeanor, and shall, Punishraent. on conviction, be punished by fine, not less than twenty-five dollars nor

more than five hundred dollars, or by imprisonment, not less than one month nor more than six months, in the discretion of the court having Duty of cer- cognizance thereof; and it shall be the duty of the courts of oyer and terminer and general sessions of the peace, in the several counties of this state in which any part of said lands are or may be situated, to charge the grand juries of their respective counties specially to indict all offenders against the provision of this section.

tain courts in certain counties.

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to lense the St. Regis

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$ 12. And be it further enacted, That William Gray, Lewis Cook and Lorin Turbell, belonging to the tribe of the St. Regis Indians, be and they are hereby appointed trustees for the said tribe, for the purpose of leasing the ferry over St. Regis river, with one hundred acres of land adjoining, and also one mile square of land on Grass Duration of river, within their reservation in this state, for such term of time as they shall judge proper, not exceeding ten years; and it shall and Application may be lawful for the said trustees to apply the rents and profits of the said ferry and lands, for the support of a school for the instruction of the children of the said tribe, (of which the said trustees shall have the superintendence,) and for such other purposes as the said trustees shall judge most conducive to the interest of the said tribe; and the Any two of powers hereby vested in the said trustees may be exercised by them or any two of them; and it shall and may be lawful for the said trustees to procure a bell for the church belonging to the said tribe, to be paid for out of their annuity.

Cats and profits.

the trustees

may act.

St. Regis In

As may

hold nunual

$13. And be it further enacted, That it shall and may be lawful for the said St. Regis Indians, on the first Tuesday of May next, and

on the first Tuesday of May in every year thereafter, to hold a town town meet meeting on their said reservation within this state, and by a majority ings of male Indians, above twenty-one years of age, to choose a clerk, And elect a who shall keep order in such meeting, and enter in a book, to be clerk and his provided by him for that purpose, the proceedings of the said meet-ed. ing.

duties declar

rules us to the

of their lands

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$14. And be it further enacted, That it shall and may be law- May make ful for the said tribe, at any such meeting as aforesaid, to make such improvement rules, orders and regulations, respecting the improvement of any other of their lands in the said reservation, as they shall judge necessary, trustees to and to choose trustees for carrying the same into execution, if they execute the shall judge such trustees to be necessary.

same.

missionary

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late

reservation.

S15. And be it further enacted, That it shall and may be law- Northern ful for the northern missionary society of this state, to lease a lot of society may land containing three hundred and twenty acres, in the late Oneida lands in the reservation, now in the town of Westmoreland, in the county of Oneida Oneida, and which, by an act for the speedy sale of the unappropriated lands within this state, and for other purposes therein mentioned, passed the fifth of May, one thousand seven hundred and eighty-six, was appropriated to the use of Samuel Kirkland, missionary to the Oneida tribe of Indians, during his natural life, to the several possessors there- Upon what of, according to the extent of their several possessions, on such rent, how. not exceeding twenty-five dollars for each hundred acres, not exceeding ten years, as they in their discretion shall think proper, and to apply such rents to the promotion of morality and religion amongst the said Oneida Indians.

torms and

the St. Regis

S16. And be it further enacted, That it shall be the duty of the Suits among district attorney residing in the district including the county of Wash- Indians. ington, to advise and direct the St. Regis Indians residing at St. Regis, in the controversies among themselves, and with any other person, and defend all actions brought against any of them by any white person, and commence and prosecute all such actions for them, or any of them, as he may find proper and necessary; and in all prosecutions in their behalf, it shall not be necessary to name any individual of the said tribe, but it shall be sufficient to bring the same in the name of the St. Regis Indians, any law to the contrary notwithstanding.

clected in

bridge.

$ 17. And be it further enacted, That it shall be lawful for the Officers to be male Indians, above the age of twenty-one years, residing in New-New-StockStockbridge, to meet together on the first Tuesday of May annually, in said New-Stockbridge, and there by a plurality of votes elect the following officers: One clerk, one marshal, and three peace-makers; and the clerk shall preside at such meetings, who shall enter the proceedings thereat in a book to be kept by him for that purpose, and the proceedings of the peace-makers shall be entered by him in the same book; and the marshal shall execute all orders of the peacemakers, made in pursuance of this act: And further, It shall be law- Powers and ful for the peace-makers to call special meetings of the said Indians, duties of at such times and places and on such occasions as they shall deem makers. necessary; and the said Indians, at their said annual or special meetings, may, by a like plurality of votes, determine on the laying out of their lands for separate improvements, and to make such by-laws for

Appropriation for a mi

the improvement of their common lands, for laying out and working on the highways, for regulating fences and the trespassing of cattle, and under such penalties, not exceeding three dollars for any one offence, to be sued for and recovered by any one of the said Indians in the manner herein after mentioned, as they shall deem necessary; to admit any Indian of any other tribe or nation to become an inhabitant of New-Stockbridge, and to enjoy the same privileges with them; and the said peace-makers shall lay out such parcel for the separate improvement of any person or family as shall have been directed at any such meeting, which parcel shall be marked out and described by them, and the description thereof in writing delivered to the said clerk, to be entered in the said book, and such parcel so allotted shall remain to such person and his legal representatives, but without the power of alienation, except that he or they may sell the improvements thereof to any other Indian residing in New-Stockbridge, his or their assigns, but such sales shall be entered by the said clerk in the said book; and every person entitled to and possessed of such parcel, may sue any white person, Indian or other person, for any trespass committed thereon; and the said peace-makers shall likewise bring actions in their own names for the trespasses committed on any of the said undivided lands, in any court having cognizance thereof; and if such trespass shall be committed by a white person or on lands allotted as aforesaid, by cutting down timber, or improving or occupying the said lands without the consent of such peace-makers, such white person shall forfeit twenty-five dollars, recoverable with costs, by and in the names of the said peace-makers, in any court having cognizance thereof, and to be paid by them as they shall deem most beneficial to the said Indians; and all contracts relative to any undivided land to be made by any one of the said Indians with another, are hereby declared void; and the said peace-makers shall lay out such roads and highways, and from time to time order the inhabitants to work the same, and for so many days as shall have been directed at any annual or special meeting of the said Indians: And also shall hear and determine all matters between any of the said Indians, relative to any trespass, debt, demand or penalty, under any by-law made pursuant to this section, and to direct the said marshal to cause the parties and witnesses to be brought before them, and to hear their allegations and proofs; and in case the parties shall not comply with the determination of the said peace-makers, then such peace-makers shall commit their determination to writing, and the same being entered in the said book by the said clerk, shall entitle the party in whose favor such determination shall have been made: Provided, The same do not exceed twelve dollars and fifty cents, to recover the sum awarded as upon a judgment of record in any court having cognizance thereof; and it shall be competent for any two peace-makers to execute all the duties by this act delegated to all; and the missionary to the said Indians shall be entitled to the like remedy for any debt or demand against any of the said Indians, as the said Indians have against each other.

$ 18. And be it further enacted, That one hundred acres of the nister of the common land of the said Indians, at the northeast corner of the said gospel. town heretofore designated by the said peace-makers, and entered in

the said book, for the support of a minister of the gospel, shall be and remain for the use of the present minister and his successors, with power to use, improve or lease the said land; but whenever there shall be no missionary or settled minister, the said peace-makers may improve or lease the said land, until such vacancy shall be filled, and the monies arising therefrom shall be disposed of as shall be directed by an annual or special meeting of the said town.

apart for New

$ 19. And be it further enacted, That the tract of land heretofore Lands set set apart for the Indians called the New-England Indians, consisting England Inof the tribes called the Mohegan, Montock, Stonington and Narra- dians. gansett Indians, and the Pequots of Groton, and Nehanticks of Farmington, shall be and remain to the said Indians and their posterity, but without any power of alienation by the said Indians, or of leasing or disposing of the same or any part thereof; and the said tract shall be called Brothertown, and shall be deemed part of the town of Paris, in the county of Oneida, for all purposes in the general execution of the laws and the administration of justice, in any of the courts of this state, and any proceeding incident thereto, except in cases provided for by this act.

devise of

Brothertown.

, and duties of

ents.

$20. And be it further enacted, That the lots or parcels of land Partition and heretofore set apart in Brothertown, in pursuance of any former law lands in of this state, for the separate use of any of the said Indians residing therein, shall continue to be separately held and enjoyed by such Indians respectively; and it shall and may be lawful for any Indian residing in Brothertown to whom any lands have been assigned, to give and bequeath by will in writing, his personal estate, also to give and devise any right, title or interest which he may acquire to any lands, except the lands set apart for the Brothertown Indians; and every such will and devise shall be executed and proved as is directed by the act, entitled "An act concerning wills," passed the fifth day of March, 1813, and be of the same validity and effect as if made by any white person; and it shall be lawful for the person administering Appointment the government of this state, by and with the advice and consent of superintend the council of appointment, as often as may be necessary, to appoint and commission five or more superintendents of the affairs of the Brothertown Indians, who shall hold their office for the term of three years, unless sooner removed by the said council: Provided, That the superintendents already appointed shall continue to hold their respective offices during the pleasure of the said council; and the said superintendents, or a major part of them, on application to them made by or on behalf of any particular Indian, shall have power to determine whether such Indian be entitled to settle on the said lands, and if so, to assign to such Indian, at their discretion, a particular lot or parcel of land for that purpose; and it shall not be lawful for any Indian or Indian family, or other person, to take possession of any part of the said lands, unless the same be assigned as aforesaid; and if any Indian to whom any part of the said lands hath been or shall be assigned as aforesaid, hath neglected or shall neglect to take possession of the same within one year after becoming entitled thereto, or hath left or shall leave Brothertown for the space of one year, such Indian shall be deemed to have forfeited all right to the said land, and the said superintendents shall thereupon, at their discretion, as

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