NOTE: - The Tuscarora Nation still claims title to extensive tracts of land in North Carolina. In 1917, Mr. Glenn A. Stockwell, of Niagara Falls, under instructions of the Tuscarora Nation, prepared a petition and submitted it to the Attorney, General of the United States setting forth the claims of the Tuscarora against the State of North Carolina. It recites many historical incidents of interest, especially in relation to the leasing of Tuscarora lands.

Among other things, it set forth that the Tuscarora lands in Bettie County, North Carolina, were confirmed to them by Treaty in 1748. May 9, 1778, the rights conferred by Treaty were reaffirmed by Act of the North Carolina Legislature and the lands were exempted from taxes. It was at that time enacted by the Legislature that Tuscarora lands which had been leased to various settlers should revert and become the property of the State at the expiration of the leases if the Tuscarora Nation was extinct or if the Tuscaroras had entirely abandoned or removed themselves from the State lands.

In 1802 the North Carolina legislature passed an Act for relief of the Tuscarora. It stated that as their Indians had asked authorization to lease the residue of their lands they were so authorized in regard to the Bertie County lands for a term to expire when the leases which had been made in 1766 should end.. Commissioners were appointed to carry this Act into effect. Leases under this Act were to be "held and deemed the occupancy and possession of the Tuscaroras," as if the Indians actually resided on said lands.

The above acts were passed prior to the adoption of the Constitution of the United States by North Carolina.

Apparently, in 1801, the Tuscaroras named certain chiefs to confer with the State of North Carolina and the Federal Government in regard to further leases of their lands. William R. Davie was appointed United States commissioner to act for the Government in negotiations with the Indians. The next year, November 15, 1802, North Carolina passed an Act authorizing the chiefs to lease their lands and stipulating that the governor of the State should appoint three commissioners to carry out the Act. Commissioner Davie and the Indian delegates entered into an agreement which, had it been ratified by the United States would have become a Treaty. In 1803, Thomas Jefferson then president, submitted such a draft of a proposed Treaty to the Senate, which body consented to its ratification ; but it is asserted that the Treaty was never proclaimed or ratified by the president and is therefore, of no force.

In 1828, North Carolina again enacted legislation affecting the Tuscarora lands. Their sale was sanctioned and the Governor appointed a commissioner who said the equity of redemption of the State for $3,250, or at the average of eight cents per acre. Some of the deeds executed under this Act show that large tracts of the Indians' lands were sold at prices much below this average. In one case 900 acres were conveyed for $13.50; another tract was said for an average of 1 1/2 cents per acre. The commissioner in this negotiation, Bates Cook, appears to have received the funds paid in these transactions.

November 19, 1831, certain chiefs of the Tuscaroras executed a dead reciting the sale above mentioned and acknowledging the receipt of $3,250 for their lands. The Indian signatures to this deed are of interest, for some of the names have long continued to be well known on the Tuscarora Reservation. They are:: William Chew, Nicholas Casie, George Warchief, Jonathan Printup, Matthew Jack, William Johnson, Isaac Miller.

All of the leases above indicated appear to have expired July 12, 1916. Under Act of the State Legislature October 15, 1748, these lands on the expiration of the leases were to revert to the State. It is claimed, however, that done of the leases made under the sanction of the legislative acts were ever ratified by the United States Government. It is further claimed that the Federal Government had and has sole power and jurisdiction in the matter. In consequence of this interpretation it is understood that claims in behalf of the Tuscaroras are still being urged for suitable compensation for their North Carolina lands. It is alleged that they did not receive all of the lease money, even the small rates above stated. In some cases it is alleged that the rental was as low as 2 mills per year per acre and that a large part of what is due them was wrongfully withheld from the Indians.

In a word, it is claimed on behalf of the Tuscaroras that the title to the North Carolina lands which have here under lease for so many years, is still vested in the Tuscarora Nation. It is claimed that the various legislative acts of the State of North Carolina have been of no force or effect insofar as they attempt to alienate the title of the Tuscarora Nation in the lands in question. Finally, it is claimed that the only attempt at treaty between the Indians and the State of North Carolina sanctioned by the Federal Government is without force inasmuch as it was never ratified and proclaimed.

The Tuscaroras now residing in Niagara County have asked that Congress pass an enabling Act directing and permitting them to bring action against either the State of North Carolina or persons occupying and claiming title to the lands. In pursuance of this action the Messrs. Watts, Stockwell & Hunt, attorneys at Niagara Falls, in behalf of the Tuscaroras, prepared the petition as above stated, setting forth the foregoing and other pertinent facts; and this Petition, with a brief prepared by the attorney for the State of Noah Carolina, and a report by Indian Commissioner Cato Sells, was submitted to the Attorney General at Washington in 1917. It is understood that the Attorney General rated that the Indians should be permitted to bring said suit; but it is reported that the decision of the Attorney General's office has since been reversed; according to which the Government now takes the position that no proceedings should be instituted. Whether this is a final action in the long-contested case or not it is impossible at present to say.