Seneca-Iroquois, a portion of the lands are divided into separate farms, which are fenced and occupied in severalty, while the remainder are owned by the tribe in common. When a young man marries and has no land on which to subsist, the chiefs may allot him a portion of these reserved lands. The title to all these lands, occupied and unoccupied, remains in the tribe in common. Individuals may sell or rent their possessory rights to each other, or rent them to a white man. No white man can now acquire a title from an Indian to Indian lands in any part of the United States. A person could transfer his possessions to another, but apartments in a house must remain to his gentile kindred. In the time of James II the right to acquire lands was vested in the Crown exclusively as a royal prerogative, to which prerogative our State and National Governments succeeded.
The same usages prevail on the Tuscarora Reservation, near the Niagara River, where this Iroquois tribe owns in common about 8,000 acres of fine agricultural land in one body. A part of this reservation has long been parceled out to individuals in small farms, fenced, and cultivated by the possessors. The remainder is unparceled and under the control of the chiefs. The people are allowed to remove from the wood-land of the reserve the dead wood and litter, but are not permitted to touch the standing timber. When a young man marries, if lie has no land, the chiefs allot him forty acres to cultivate for his subsistence; but, before giving him possession, the lot is first open to all the tribe to cut off the timber for fire-wood. Thus, the double object is gained of supplying the people with fire-wood and of clearing the land for cultivation for the new family. These possessory rights pass by inheritance to the recognized heirs. A person may transfer or rent his possession to another person; he may rent to a white man, but in no case can he sell to a white man.
And here I may be allowed a brief digression, to notice a recent opinion of the late Secretary of the Interior, Hon. Carl Schurz, shared in to some extent by the National Government, in relation to the division of our Indian reservations into lots or tracts, and their conveyance in severalty to the Indians themselves, with power of alienation to white men after a short period, say twenty-five years. It is to be hoped that this policy will never be adopted by any National Administration, as it is fraught with nothing but
