Mysterious Tuscarora Land Treaty and duress defense laws

Was the mysterious Tuscarora Land Treaty, held at the Cupola House in Edenton, created during the 30-year peace period in the late 1600’s?

There is reasonable cause to consider that the undated document was because it was the nature of colonists to record their transactions and agreements and became the habit of Natives because they became increasingly wary of white invaders.

Thomas Parramore wrote in The Tuscarora Ascendancy, “Peaceful relations were formalized in 1672 when leaders of the Albemarle colony met with Tuscarora chiefs and apparently reached accord,” (p. 313). Note the word formalized. This indicates that there was a meeting and it was likely recorded and any agreement would have been written for prosperity. It is only logical.

Parramore shares, “Thereafter, it appears, the Albemarle colony was understood to be that region bordering Virginia, which “on ye southern part is separated by Albemarle Sound and Chowan River.” Strictly construed, these limits made of Albemarle a reservation for white people and such, in effect, it remained for the next thirty years. During this long period, the English would offer no further challenge to areas under Tuscarora domination,” (p. 313). The territorial references match other historical maps and references leading to another reasonable cause to consider that the treaty was created during this time period.

The treaty is challenging to decipher, but one of the terms, “so long as the sun and moon endure,” (Parramore, (1982), p. 314), is easily understood as forever. Was this term suggested by a Tuscarora? Was it written from original thought by a white? Does it matter?

It is universally understood that the treaty was written to be in effect forever.

On top of that, this mysterious "sun and moon treaty" is also known as the TUSCARORA TREATY OF 1714 - by the State of North Carolina.

Greed, war, broken treaties, and difficult survival choices changed the course of history and under unimaginable duress the Mighty Tuscarora fled with their lives into the swamps in the 1700’s. Their expulsion is recorded in the Colonial Records of North Carolina as a land transaction, with explanation that proves beyond a doubt the horrific circumstances these Natives fled in exile.

But wait! The law allows people to sue those who force them to do things they normally would not do under duress defense laws. Why haven’t North Carolina’s Tuscaroras sued England yet?

Because they need a law team as mighty as their ancestors.

If you feel the calling of the war drums, contact Tuscarora Nation of North Carolina to support their efforts in reclamation and recognition.

 

 Learn more Tuscarora history in The Exsanguination of the Second Society: Scholarly Historical Fiction Relating to Robeson County, North Carolina's Tuscaroras.

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1.   . Parramore, T. (1982). The Tuscarora Ascendancy. The North Carolina Historical Review, 59(4), 307-326. Retrieved August 26, 2020, from http://www.jstor.org/stable/23521798


JuJune 1717, Chowan County, Councilman Thomas Pollock,

 

Minutes of the North Carolina Governor's Council

North Carolina. Council

June 04, 1717 - June 05, 1717

Volume 02, Pages 282-283

 

 

“North Carolina ss

Whereas the Tuscarora Indians by their articles of peace with this Governmt were bounded and Limited for their future Settlement to a certain Tract of Land lying between Onion quits-tah Creek on Pamplico River and Nuse river to which settlement they were to repaire so soon as the Warr should be over But for as much as the Indyan Warr is since broken out in South Carolina the aforesaid Tuscarore Indyans have Signified to this Government that they are in Danger of being Attacked and destroyed by those Indyans and therefore has prayed to be allowed a Settlement on Morratock River for their further Security Now be it known that it is hereby mutually agreed on between the Honble Charles Eden Governor Capt Genll and Admll of this Province by and with the Advice and Consent of the Council for and on behalfe of himselfe and the Inhabitants of this Governmt and King Blount for and on behalfe of himselfe and ye rest of the Tuscarora Indyans that for as much as the said Blount and his Indyans have been very Servicable to this Government and still Continues so to be And as a particular mark of Favor from this Government They do hereby Give unto him the said Blount for his further and better support of himselfe and his Indyans all the Land lying between Mr Jones's Lower land on the northside of the Morratock river to Quitmak Swamp And the said King Blount doth hereby agree to remove all his Indyans from off the other Lands down to Roovosskee by Chrismas next And that they shall not molest nor disturb the Inhabitants nor their stocks in Hunting in any of the adjacent Grounds but that they shall take all the due Care therein they can and that they shall not nor will not Claim any Right or property to any Other Lands hereafter on Either side of Morratock River

In Witness whereof the said Parties have Interchanably Set their hands and Seals this fifth day of June 1717”

 

https://docsouth.unc.edu/csr/index.php/document/csr02-0145

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