AN ACT for appointing commissioners, to hold treaties with the Indians, within this State.1 Passed the 1st of March, 1788. COMMIS- Be it enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That the person administering the government of this State for the time being, and William Floyd, Ezra L'Homedieu, John Laurence, Richard Varick, Samuel Jones Egbert Benson and Peter Gansvoort junior be, and are hereby appointed commissioners, with power either jointly with commissioners to be appointed by the Commonwealth of Massachusetts, for the purpose, or on the part of this State separately, to hold treaties and conferences, from time to time, as the person administring the government of this State for the time being, shall deem the occasion to require, with the Indians, residing within this State, and every or any tribe or nation of the said Indians, touching such matters, and to take such measures for preserving the friendship of the said Indians, and also to enter into such engagements and contracts with the said Indians, and to purchase or procure from them such lands and other hereditaments, on such terms, and in such form, as the said commissioners hereby appointed shall deem fit, for the welfare of this State; and with further power, to enquire touching all leases, or other purchases of, or contracts for the sale of lands, suggested to have been obtained or made, without the authority or consent of the legislature, from or with the said Indians, or any of them, by or to any person or persons; and to make report thereof, from time to time, to the legislature; and to that end to examine persons, on oath, touching the premises so to be enquired of, and by writing under their hands, to require persons to appear before them, at such time and place as shall be specified in such writing, and to give evidence touching the said premises, on pain of one hundred pounds. And every person being duly summoned, who shall refuse to appear, or appearing shall refuse to give evidence, shall forfeit the said sum of one hundred pounds, to the people of this State; and with further power, to make and enter into agreements and stipulations, with commissioners to be authorized by the 'Laws of New York, 1785-1788 incl., Vol. 2, Chap. 47, p. 705. commonwealth of Massachusetts for that purpose, touching the means to be used by the said commonwealth and this State jointly, for preventing intrusions on the lands reciprocally ceded by this State and the said commonwealth to each other, and for preserving to the said commonwealth and this State, their respective rights to the said lands MILITIA MAY BE CALLED OUT. PERSONS RE- And for the more orderly holding and conducting such treaties, be it further enacted by the authority aforesaid, That it shall be lawful for the person administering the government of this State for the time being, in his discretion, to order out any proportion of the militia from any part of this State, to march to the place or places where the said treaties and conferences may from time to time be held, and such occasion to be deemed an emergency intended in the second section of the act entitled "An act to regulate the militia," passed the 4th day of April one thousand seven hundred and eighty six; and the detachments so from time to time to be ordered out, to receive the same pay and rations, and to be subject to the same rules and regulations, as is provided in the said section of the said act. And Further, that it shall be lawful for the said commissioners, by writing under their hands, to require any and every person, not being an actual resident within one mile of the place where the said treaties may from time to time be held, to depart from such place, within such reasonable time, as in such writing shall be specified, and to retire to such convenient distance from the said place, as the said commissioners shall deem proper; and every person who being required to depart, shall not depart, or departing, shall during the holding such treaty return again to such place, without the licence of the commissioners, shall be deemed to have offended against the people of this State, and shall on conviction, be punished by fine or imprisonment, in the discretion of the court. And further, that it shall be lawful for the said commissioners, by warrant under their hands, to be directed to the sheriff of the county, or to such other person as they shall appoint to execute the same, to cause every person so refusing to depart, or who having departed, shall return again, without such licence as afore TREATY MAY said, to be apprehended, and to be conveyed to the goal of the city and county of Albany, and there to remain in close custody, without bail or mainprize, for such time as the said commissioners shall deem it probable the said treaty will be in holding, and to be specified in the said warrant, but not to exceed one month from the date of such warrant; and the keeper of the said goal is hereby required to receive every such person so committed, and safely keep him in close custody in his goal, accordingly. EXPENSES OF COMMIS SIONERS. And be it further enacted by the authority aforesaid, That it shall be lawful for the person administering the government of this State for the time being, from time to time, by warrant under his hand, to draw from the treasury of this State, such sum and sums of money, as the said commissioners shall deem necessary to be expended and applied, in the execution of the trust and powers hereby granted, in such manner as they shall deem proper, and beneficial for the State: And the treasurer of this State is hereby required, out of any monies he may have in the treasury, forthwith to answer such warrants, any other appropriations of the said monies, not being appropriations to private persons in discharge of contracts, notwithstanding. And every person to be appointed or intrusted by the said commissioners with the expenditure of any of the said monies, shall be responsible to the people of this State for the respective expenditures, and shall account with the auditor of this State accordingly. And be it further enacted by the authority aforesaid, That the commissioners hereby nominated and appointed, shall continue in DURATION OF OFFICE. office until thirty days after a quorum of both houses shall be assembled at the first meeting of the legislature, after the first Monday in July next, and no longer; and that any four of the said commissioners, of which the person administering the government for the time being, always to be one, shall be a quorum, from time to time to execute the trusts and powers hereby granted. An Act for Indian Affairs.1 (Passed the 25th of March, 1783.) Whereas it is necessary that commissioners should be appointed to manage Indian affairs within this State. Be it therefore enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same That it shall be lawful for the person administering the government of this State for the time being by and with the advice and consent of the council of appointment to appoint three commissioners for Indian affairs within this State with power and authority to superintend the conduct and affairs of the Indians and to perform such acts and things respecting them as from time to time shall be ordered and directed by the legislature. And whereas the Oneida and Tuscarora tribes inhabiting within this State have been distinguished for their attachment to the cause of America, and have thereby entitled themselves to protection and the said tribe, by their humble petition, having prayed that their lands may be secured to them by the authority of the legislature; and it being just that such a settlement should be made of the territorial claims of the said tribes as will give them reasonable satisfaction and secure their future tranquillity. Be it therefore further enacted by the authority aforesaid, That it shall and may be lawful to and for the said commissioners and they are hereby authorized and required to examine into and ascertain the claims of the said Oneida and Tuscarora tribes and to devise such measures and make and enter into such propositions and agreements to secure their contentment and tranquillity as to the said commissioners shall appear just and proper: Provided always that no proposition or agreement for the purposes aforesaid shall be Ideemed to be conclusive until the same shall be reported to and ratified by the legislature. 'Laws of New York, 1777-1784 incl., Vol. I, Chap. 48, p. 565. AN ACT to appoint his excellency the governor of this State or person administring the government for the time being, and the commissioners therein designated to superintend Indian affairs.1 Passed the 6th of April, 1784. or Be it therefore enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That his excellency the governor, person administring the government for the time being, together with the commissioners appointed or to be appointed, by virtue of the act entitled, An act for Indian affairs passed the twenty fifth day of March one thousand seven hundred and eighty three, together with such other persons as the governor and commissioners shall deem it expedient and necessary to associate with themselves, shall and may, and hereby are authorized and required, to enter into such compact or compacts, agreement or agreements, with any Indians, residing within this State, as he, such commissioners and such associates shall judge to be for the interest of the people of this State, and to stipulate the ratification of any such compact or compacts, agreement or agreements, by the people of this State, represented in Senate and Assembly. And be it further enacted by the authority aforesaid, That the governor, and any two of the said commissioners, shall and may execute any duties required of him or them by virtue of this act, or which may be required of him or them, in as full and ample a manner, as altho all the said commissioners were present. AN ACT to continue and amend an act entitled "An act for appointing commissioners to hold treaties with the Indians within this State."1 Passed the 12th of February, 1789. WHEREAS the time limited by the act entitled "An act for appointing commissioners to hold treaties with the Indians within this State" passed the 1st of March, 1788, for the continuance in office of the commissioners therein named, is expired, and it being necessary that commissioners should PREAMBLE. 'Laws of New York, 1777-1784 incl., Vol. I, Chap. 22, p. 623. |