Nonintercourse Act - State Nonintercourse Acts

State Nonintercourse Acts

Further information: Aboriginal title statutes in the Thirteen Colonies

The Nonintercourse Act did not pre-empt the states from legislating additional restraints on alienation of Native American lands. Many states, including nearly all of the original Thirteen, enacted similar statutes for at least some lands during at least some time periods.

Other state statutes, or constitutional provisions, incorporated the English common law as it had evolved up to that point.

New York

A New York State enacted March 31, 1821 provided:

t shall be unlawful for any person or persons, other than Indians, to settle or reside upon any lands belonging to or occupied by any nation or tribe of Indians within this state; and that all leases, contracts and agreements made by any Indians, whereby any person or persons, other than Indians, shall be permitted to reside upon such lands, shall be absolutely void; and if any person or persons shall settle or reside on any such lands, contrary to this act, it shall be the duty of any judge of any court of Common Pleas of the county within which such lands shall be situated, on complaint made to him, and on due proof of the fact of such settlement or residence, to issue his warrant, under his hand and seal, directed to the sheriff of such county, commanding him, within ten days after the receipt thereof, to remove such person or persons so settling or residing, with his, her or their families, from such lands.

South Carolina

A 1739 South Carolina Provincial Council statute required a license from the Crown or Governor for a private party to purchase lands from Indians.