recover the possession of the said land, or any part thereof to
which the state might be entitled.
In pursuance of this act a contract was effected with the
remnant of the Choptank indians, being only four
individuals, who had a claim to, and continued to inhabit, those
lands; of which contract, duly executed and acknowledged on
the 6th. day of April 1799, the following were the conditions.
For two of those indians, Mary Mulberry and her son
Henry Mulberry, the quantity of ten acres of cleared land was to
be laid off where their houses then stood, " so as to include
the same or any other house to them then belonging, and also
ten acres of wood-land for the use of the same:"¾for Henry
Sixpence ten acres of cleared land, including his tenement,
and ten acres of woodland;¾and for Thomas Joshua the
like quantity of cleared land was to be laid off so as to include
his tenement, and ten acres of woodland as before; which
lands, so laid off, were to be held, used, and occupied by the
said indians so long as they and their descendants should
continue to inhabit the same and to use it for their own
cultivation and improvement: and the following annuities were to
be paid, in quarterly payments, to the said indians
respectively, and their descendants, upon the precise terms
mentioned in the act, and to cease upon failure of such
immediate descendants as therein described, viz, to Mary
Mulberry and her son one hundred and sixty dollars, to Henry
Sixpence one hundred dollars, to Thomas Joshua one
hundred and sixty dollars, and to Esther Henry, a person not a
party to the contract, and, it is supposed, not upon a footing
with the others in point of title, thirty dollars: some of which
annuities are still received by those indians, or their
descendants. On these considerations the indians beforementioned
conveyed to the state of Maryland " all the lands, tenements,
and appurtenances" which they held and possessed " com-
monly known by the name of the Choptank indian lands" in
Dorchester county, " agreeable to the metes and bounds of
the said lands supposed to contain about four thousand acres
more or less: it only remains to be observed that these lands
were afterwards sold by the agent agreeably to the directions
of the act. As to the lands of the Nanticoke indians,
concerning which I have mentioned, upon mere casual
information, that disputes are now subsisting, sales were made of
those lands, prior to the act of 1785, by the intendant of the
revenue, I presume under his general powers, which imbraced
all the concerns of the state in money or property, but
possibly under some particular authority which has escaped my
research. These sales gave rise to sundry resolutions of the
general assembly, releasing purchasers from their contracts,
directing suit against the claimants under the proceeding of
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