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Appendix
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219 Appendix The bracketed info that follows each quotation refers to the state’s session laws. Publishing info for the session laws is provided in the bibliography. examples of laws prohibiting indians from selling land Connecticut, 1855:“All conveyances of any land, by any Indian or Indians, belonging to or which have belonged to the estate of such tribe, whether by deed or otherwise , shall be void.” [12 June 1855, ch. 65, p. 79] Maine, 1839: “it shall not be in the power of any Indian to sell or convey his lot or improvements on the same to any person other than some member of [the Penobscot] tribe.” [16 February 1839, ch. 396, p. 567] Maryland, 1790: “it shall not be lawful for the [Choptank] Indians to sell, grant, lease, or otherwise dispose of, the lands to be reserved to them by virtue of this act.” [22 December 1790, ch. 43, no page number] examples of laws permitting indians to sell land under certain conditions Indiana, 1861: “all bona fide sales, conveyances, purchases and devises heretofore made by any Indian . . . are hereby legalized.” [11 March 1861, ch. 79, p. 153] Massachusetts, 1819: “all real estate acquired by the industry of the proprietors [of Mashpee] and members [of the Herring Pond tribe], and purchased by them, shall be the sole and separate property and estate of such proprietor or member , so acquiring and purchasing the same, and may be by him or her enjoyed, sold, alienated and disposed of, by deed, will or otherwise.” [18 February 1819, ch. 105, p. 161] North Carolina, 1802: “no lease, grant, demise, covenant or agreement made by [the Tuscarora] Indian Chiefs . . . respecting [their] lands, or the rents thereof , shall be good or valid in law, unless the same shall be approved by [the] Commissioners . . . in writing.” [1802, ch. 4, p. 6] Rhode Island, 1843: “Moses Stanton, Nancy Stanton, Daniel Moody and Eunice Appendix 220 Rogers, are hereby authorised to sell all their right, title and interest in and to any lands which they may hold individually, as members of the Narragansett tribe of Indians . . . Provided, the sale be made under the direction of the Commissioner of the Indian tribe and that said Commissioner be first satisfied of the intention of such persons to emigrate.” [October 1843, p. 75] Virginia, 1792: Whereas the Nottoway tribe of Indians have petitioned the assembly for permission to sell a tract of land, “It shall be lawful for the said tribe of Indians, under the direction and with the approbation of [their] trustees . . . to proceed to sell the said tract of land.” [12 November 1792, ch. 41, p. 91] Virginia, 1824: “all laws now in force forbidding contracts for the sale of real property between [Nottoway] Indians . . . and white persons citizens of this Commonwealth, shall cease in their operation and effect so far only as they concern . . . William G. Bozeman; and . . . after the allotment to him of his interest in the lands belonging to the said tribe, shall have been made as aforesaid, he, the said Bozeman, shall have the same power to sell, convey, or exchange the same, as free white persons of this Commonwealth possess and enjoy. And . . . whenever any descendant of a female of the Nottoway tribe of Indians, entitled to a share of property in common, in the county of Southampton, shall apply to the county court of the said county for privileges similar to those granted to William G. Bozeman, the said court . . . may, at their discretion [allow such applicant to] enjoy all the rights and privileges which, by the foregoing sections, are granted to the aforesaid William G. Bozeman: Provided, that it shall be the duty of the said court to grant such privileges only to such applicants, as in their opinion are of good moral character, and not likely to become chargeable to any part of the Commonwealth.” [23 February 1824, ch. 99, p. 101] examples of laws allowing states to purchase and sell indian lands Connecticut, 1873: “the overseer of said Pequot tribe of indians, and his successors in said office . . . are hereby authorized and empowered, to sell by public auction , all of the lands reserved by the state for said indians (except one hundred acres of the same).” [17 June 1873, p. 58] Maryland, 1790: “the said commissioners . . . are authorized and empowered, with all convenient speed after the passage of this act, to repair to the Indian settlement , near Secretary’s Creek, in Dorchester county, and to contract, covenant...