PART I.

Certain

sums to be annually paid to

dians.

Oneida tribe.

Posterity of Fish Carrier.

paid.

paid.

ness, and to order the comptroller to draw his warrant on the treasurer for such sum or sums of money, to defray the expense of entertaining such Indians, in favor of such persons as he shall direct, not exceeding in any one year the sum of one thousand dollars.

[Section 7 ratifies certain treaties with and grants by Indians to the state.] $ 8. And be it further enacted, That the treasurer of this state shall annually, on the warrant of the comptroller, pay to certain In the order of the person administering the government of this state, out of any monies in the treasury, the following sums, to wit: the sum of four thousand eight hundred and sixty-nine dollars and twenty-eight cents, for the use of the Oneida tribe Onondaga. of Indians; the further sum of two thousand dollars for the Cayuga. use of the Onondaga tribe of Indians; the further sum of two thousand three hundred dollars, for the use of the Cayuga tribe thesh of Indians; and the further sum of fifty dollars, for the use of the posterity of the Cayuga chief, Fish Carrier, being the annuities to be paid to the said tribes and the posterity of the Fish Carrier respectively, and in lieu of all former annuities, in conformity to the said articles and the said treaty with When to be 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 purpose, at the expense How to be of this state; and the person administering the government of this state, is hereby authorised to cause the said annuities 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 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 administering the government of this state, such annuity as shall become due to the said christian party of Indians, by the stipulations contained in the treaty or purchases referred to in the preAnd to the ceding section; and also, the sum of three hundred dollars annually, for the Oneida nation of Indians, to be paid to the said Indians pursuant to the treaty referred to in the said To the Cay preceding section; and also, such annuity as shall become due uga nation. to the Cayuga nation by the stipulations contained in the

Proviso.

Annuity to

be paid the christian party of

Oneida In

dians.

Oneida na

tion.

CL. XXVI.

annuities.

treaty or contract with the said Indians, also specified in the said preceding section; and all such other annuities as All other shall have arisen or become due by virtue of any contract, treaty, or purchase, with any of the tribes or nations of Indians in this state, made under the sanction of the legislature thereof, or subsequently ratified by law. [Section 9 confirms certain limits to the Stockbridge Indians.] Section 10 temporary.]

Section 11 repealed by Laws of 1821, chap. 204.]

Section 12 temporary.]

Indians

annual

clerk and

declared.

13. And be it further enacted, That it shall and may be St. Regis lawful for the said St. Regis Indians, on the first Tuesday of may hold May next, and on the first Tuesday of May in every year town thereafter, to hold a town meeting on their said reservation meetings. within this state, and by a majority of male Indians, above twenty-one years of age, to choose a clerk, who shall keep And elect a order in such meeting, and enter in a book to be provided by his duties him for that purpose, the proceedings of the said meeting. $14. And be it further enacted, That it shall and may be May make lawful for the said tribe, at any such meeting as aforesaid, to the im make such rules, orders and regulations, respecting the im- of their provement of any other of their lands in the said reservation, as they shall judge necessary, and to choose trustees for And elect carrying the same into execution, if they shall judge such execute the trustees to be necessary.

[Section 15 temporary.]

rules as to

provment

lands.

trustees to

same.

Suits among the Indians.

$ 16. And be it further enacted, That it shall be the duty of the district attorney residing in the district including the St. Regis county of Washington, 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 prosecntions 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.

See Laws of 1818, ch. 283.

be elected

Stock

$17. And be it further enacted, That it shall be lawful for omcers to the male Indians, above the age of twenty-one years, residing in Newin New Stockbridge, to meet together on the first Tuesday of bridge. 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 peace makers, made in pursuance of this act: And further, It shall Powers and be lawful for the peace makers to call special meetings of the peacesaid Indians, at such times and places and on such occasions

duties of

makers.

PART I.

as they shall deem 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 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 hereinafter 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 determina

tion 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 exécute 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.

CH. XXVI.

tion for a

$ 18. And be it further enacted, That one hundred acres of Appropria the common land of the said Indians, at the northeast corner minister of the gospel. of the said 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 moneys arising therefrom shall be disposed of as shall be directed by an annual or special meeting of the said town.

apart for

town Indi.

S 19. And be it further enacted, That the tract of land here- Lands set tofore set apart for the Indians called the New England BrotherIndians, consisting of the tribes called the Mohegan, Montock, ans. Stonington and Narragansett 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.

20 J. R., 693; 2 J. Ca., 344; 2 B., 639..

and devise

town.

$20. And be it further enacted, That the lots or parcels of Partition land heretofore set apart in Brothertown, in pursuance of any of lands in former law of this state, for the separate use of any of the said BrotherIndians 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 Appoint for the person administering the government of this state, by duties of and with the advice and consent of the council of appoint- dents. ment, as often as may be necessary, to appoint and commis

ment and

superinten

PART L

Rule of descents

Indians.

sion 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, assign the same to any other Indian then residing in and entitled to land in Brothertown; and that no accounts of any of the superintendents shall be allowed by the comptroller, unless the same shall be approved by a majority of the said superintendents, to be certified by them; and that the vouchers and receipts for such advances so made, shall accompany the same account, together with an oath or affirmation, that the articles furnished or services performed in such account, were furnished or performed by such superintendent or his order for the said Indians, and not for the benefit of any other person whomsoever.

S21. And be it further enacted, That upon the death of any among said Indian residing in Brothertown, to whom any land hath been or shall be assigned as aforesaid, or who shall be entitled thereto, if such Indian shall die possessed thereof, leaving issue, the same shall go to and be equally divided among such issue, if they are all in equal degree of kindred to the deceased; but if such Indian shall leave a child or children, and the issue of a deceased child or children, then such issue shall stand in the place of the parent, and take only such share as the parent would have taken, if living, and the like division, per stirpes, shall be made among the descendants of such deceased Indian in the remotest degree; and if such Indian leave no issue, then the said land shall revert to the Brothertown Indians, and the said superintendents shall thereupon assign the same to some other Indian or Indians entitled thereto as aforesaid: Provided however, That the widow of the deceased shall in all cases have a right to continue in the house her husband died possessed of, during her widowhood; and the superintendents shall also assign to her so much of the said land of her husband as they may think necessary.

Proviso.