The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1849-12-05

into the condition of the Indians, and report To-
him" In conforming to the spirit of tho res-
olution, I nominated five Commissioners from,
( the Districts of York and Lancaster; to meet
me, with as many of the CataWbas as could
be assembled. in tho vicinity OF Nation Ford
on tie twenty third day of July. at that.
meeting full and satisfactory answers were
obtained on many material points. Suisse
quently, proposed a series of questions TO
the Commissioners to; elicit written reply.
AT the same time, B. 8. Massey, of Lancas--
ter, was dispatched to Haywood CO., North
Carolina. for purpose connected with The,
main object to be accomplished. Copies of
the papers. disclosing the result of my inves-
legations, now forward.
The two important questions involved in,
the general inquiry, have reference, the one
the proprletors Of the Indian boundary; the
other, to the Catabaw tribe.
Ihlrty-seven years ago, the Caiawba coun-
ty, embracing an area Of fifteen miles square,
was nnreprcsented in the Legislature. The
member elected in 1903, being only. a lease
holder, was declared ineligible 70 scat. The
law OF 1872, constituting lease for three
lives, or ninety nine Years, qualifications;
equivalent to freehold, placed the people OF
that region, in relation 10 Representations, on
a footing with the rest of their fclow-citizens.
by an Act passed in December. 1898, the re-
versIonary right TO the lands, which thereafter
we're 10 "be considered and adjudged real es-
tate" was transferred from the State to those
who owned them Gas lcsscs from the Catawba
Indians" In 1910, an agreement was con-
cludcd with the Indians by which they con-
.racted to cedc their interest in their lands
for twenty-one thousand dollars. To be re-
funded for this expenditure, the Legislature
imposed tax Of one and half cents ON every
acre within the Catawba limits. The present
assessed rates is nne-half cent on an acre.
BY the Act Of that year, ''to carry into effect
the late agreement between the Catawba In
dians and the Commissioners on the part Of
this State" South Carolina succeeded 'to the
right, title, and interest, heretofore vested in
The Catawba lncians, for the purpose of taxa
ton and OF issuiiig grants TO the respective les
ses thereof" The 7th section declares, that
the lesses who had executed bonds, as enon-
ed by previous Act, were required to pay
into the Treasury the annual sums stipulated.
until they should accede to the terms .sof this
Act, or until the expiration OF the term of their
leases; at either of which periods, they shall
be entitled TO grants for their respective
household possessions BY tho 9Th section,
il appears that the sum Of $1,000 was set
apart to purchase land. and for "the establish.
ment and outfit of the Indians Under this
provision no action was taken, as neither the
money nor the object were named in the Ap
preparation Act of that year. In 1S4l, S250O
was appropriated for that purpose. At that
time the Agent had condtionalIy bargained
fora tract Of larI in York District, containing
5o5 acres, at Sd per acre. As it was subse--'
Guently asccrtained tha, no better arrange
ment could be made, the contract was conclu--
dcd. EF7}
This brici history shows, that the inhabi
| tants OF the Indian territory occupy an ailom-,
aions position, in which the government:
should no longer. compel them 10 acquiesce.
south Carolina did not, BY the treaty OF 1910,
buy the Catawba lands. The fee simple from,
he first settlement Of the country had been
vested in her, according to the legal doctrine
as 10 Indian lands within the boundary Of the
original thirteen States; nor did she purchase
the usutruct OF the Indians; for the State had,
two years previously, conveyed it 10 the les
scss, who then held right to their posses
slons for nnety-ni years, with the pritil
ego Of renewing their leases. II is true that
by the interpositon of the supreme au,hori.
tics, an uncertain tenure has been converted
into sure and permanent one. For this
just exercise of power, the propretors have
returned an adequate equivalent. in conf
dent anticipation of speedy relief from their
they settled and reduced wilderness I'd the
dominion OF the plough. Where beasts of
prey undisturbedly roamcd, hardy highly
intelligent, and dense population are now TO
be found. With an accurate pcrception of
their rights and obligations, they feel that
they do no not stand on the same firm and
elevated ground with the other members of
their political family. The high prerogative
OF equality, by persistence in an nvidious dis
crlmlnnIion, is practically denied them.-
They do not complain of the pecuniary bur-
den " hich they are made to bear, but that
its imposition substantially proclams them as
IN the enjoyment OF benefit, obtained ecner-
ally without full costs, and, in many cases,
unworthiiy, il not fraudulently. II may safe.
y be affirmed that four-fiths Of The farmers
are in possession Of their estates by purchase
for an ample consideration For large pro-
portion of their possessions, the real worth
was paid before the existence of the treaty.
The number who hold by inheritance, and
who, morally, if not legally, should be con-
sidcrcd as purchasers, is comparatively very
limited. In despite, then, of this decided ey
idcncc of right ownership, the Legislature
has subjected all the proprietois to an annu
al charge upon their lnnds, which hold to
be unequal and unjust, and probably nncon-
stitut'onai unequal, III reference to rent and
taxes: unjust, because the poor land paws
more than The rich; unconstitutional, for The
reason that it annuis written contracts.
If the public spirited and Industrious citi-
zen who now hnls from that interesting ti-
vision Of South Carolina chad been prevented
by considerations of insecurity OF title from
constituting it his home, tho result would
have been loss TO the State of over three
thousand farmers, all the advantages flowing
from their agricultural, enterprise, the labor
of largo black population, aud q very con-
siderable revenue derived from the tax on
slaves To constrain him, therefore, 10 re-
main in his present unsatisfactory situation,
would be manifestly incxpedeni and impoli-
tic. Barriers which create avoidahlo iisiinc-
tions, especially in relation to pecuniary bur-
dens, ought not TO be allowed in republic:
bit il, from any cause, perrntted, they should
exist, only so long as the public interest i'm.