At a Council held at the Council Chamber in Edenton the 27th. day of October Ani Dm 1726

Present

The Honoble Sir Richard Everard Bart. Govr. &c

Esqrs: Members of the Council—

[...]

This day Read at the Board the Petition of the Maherrin Indians Shewing that they have lived and Peaceably Enjoyed the sd Towne where they now live for such a Space of Time as they humbly conceive Entitles them to an Equitable Right in the same That they have not only lived there for many years but long before there were any English Settlements near that place or any notion of Disputes known to them concerning the dividing bounds between this Countrey & Virginia, and have there made large Improvements after their ^manner^ for the better Support & maintenance of themselves and Families by their Lawfull and Peaceable Industry Notwithstanding which Coll William Maule and Mr. William Gray have lately intruded upon them & have Surveyed their sd. Towne and cleared Gounds on pretence that it lys in their Government and that the sd. Indians have allways held it as Tributaries to Virga. which is not so Praying That this Board will to take them into their Protection as their faithfull and Loyall Tributaries and to Secure ^to^ them a Right & Property in the said Towne with such a convenient Quantity of Land adjoyning to it to be laid off, by meets and Bounds as to them shall seem meet

Then allso was Read the Petition of sundry Inhabitants Living near the sd. Indians Shewing That Sundry Familys of the Indians called the Maherrin Indians have lately Encroacht and Settled on their Land which they beg Leave to Represent with the true accot. of those Indians also are not original Inhabitants of any Lands within this Governmt. but were formerly called the Susquahannahs and Lived between Mary Land and Pensilvania and comitting several Barbarous Massacrees and Outrages there Killing as 'tis Reported all the English there Settled excepting Two Families they then drew off and fled up to the head of Potomack and there built them a fort being pursued by the Mary Land and Virginia Forces under the Comand of One Major Trueman who beseiged the fort Eight months but at last in the night broke out thro the main Guard & drew off round the heads of several Rivers and passing them high up came ^in^ to this Country and Settled at old Sapponie Towne upon Maherrin River near where Arthur Cavenah now lives but being disturbed by the Sapponie Indians they drew downe to Tarraro Creek on the same River where Mr. Arthur Allens Quarters is, afterwards they were drove thence by the Jenneto Indians down to Bennets Creek and Settled on a Neck of Land afterwards called Maherrin Neck because these Indyans came downe Maherron River and after that they began to take the name of Maherrin Indians, but being known the English on that side would not Suffer them to live there, then they removed over Chowan River and Settled at Mount Pleasant where Capt. Downing now lives but being very Troublesome there one Lewis Williams drove them higher up and got an order from the Governmt. that they should never come on the So. side of Wickkacones Creek and they Settled at Catherines Creek a place since called Little Towne but they being still Mischievous by order of the Governmt. Coll: Pollock brought in the Chief of them before the Govr. & Council And they were then Ordered by the Governmt. never to appear on the South side of Maherrin, They Then pitcht at the mouth of Maherrin River on the North side since called old Maherrin Towne where they afterwards Remained tho they were never Recieved or became Tributaries to this Governmt. nor ever assisted the English in their Warrs against the Indians but were on the contrary very much Suspected to have assisted the Tuskaroores at the Massacree. The Baron De Graffen Reed offering his Oath that one Nick Major in Particular being one of the present Maherrin Indians Satt with the Tuscarooroes at his Tryall and was among them which ^when^ Mr. Lawson the Surveyr. Genl. was killed by them—

So that these Maherrins were not originally of this Country but Enemies to the English every where behaving themselves Turbulently and never lookt on as true men or Friends to the English nor ever paid due acknowledgement to this Government. Some years agoe Col: Maule the then Surveyr: Genl: obtained an Order to Survey the Lands at old Maherrin Towne which was accordingly done and Pattented afterwards since that they have paid Tribute to this Governmt. and have been allowed by the Governmt. to remain on those Lands, but since that a great Sickness coming among them Swept off the most of them, and those that remained moved off those Lands at Maherrin Towne and sundry of them have lately Seated and Encroached on your Petitioners Lands, some Miles higher up the River destroyer their Timber & Stocks and hindring them from Improving their Lands they being unwilling themselves forcibly to Remove the sd. Indians least some disorders might arise thereon praying an order to the Provost Marshall That if the sd. Indians do not Remove off in some convenient time they may be Compelled thereto &ca—

Whereupon by the consent of both Parties It is ordered in Council That the Surveyr: Genl: or his Deputy do lay out unto the sd. Indians a certain parcell of Land lying between Maherrin River and Black Water River Runing three Miles up Blackwater River and then a Straight Line to such a part of Maherrin River as shall be Two miles from the mouth thereof and if the same M Line shall leave out the Settlement of Capt. Roger a Maherrin Indian that then the Surveyr: do lay out a Tract of 150 acres the most Convenient to his Dwelling. Which Lands when Surveyed, the Surveyr. is to make return thereof into the Sectys Office that Grants may pass for the same to the said Indians. It is further Ordered by this Board that the said Indians shall Quietly hold the sd. Lands without any molestation or disturbance of any Persons claiming the same, so as the same Persons Right or pretentions to the said Lands be Reserved unto them Whereby they or those claiming under them shall have the preferrence of taking up the same when the sd. Indians shall depart or remove therefrom—