Editing Nonintercourse Act (section)

==State nonintercourse acts==
{{further|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.<ref>''[[New York ex rel. Cutler v. Dibble]]'', 62 U.S. (21 How.) 366, 370 (1858) ("Nor is this statute in conflict with any act of Congress, as no law of Congress can be found which authorizes white men to intrude on the possessions of Indians.").</ref> Many states, including nearly all of the original Thirteen, enacted similar statutes for at least some lands during at least some time periods.<ref>Rosen, 2004, at 28 ("[S]tates&nbsp;... regulated Indians' right to sell land to whites and whites' right to purchase land from Indians. Some states enacted laws echoing the federal restraints on alienation. Others, however, enacted a contradictory rule authorizing all private Indian land sales, or allowing land sales by certain Indians, or validating land sales that had been approved by a state commissioner. More often, although individual whites were not allowed to buy land from Indians, commissioners or governors were authorized or directed to purchase Indian lands").</ref>

Other state statutes, or constitutional provisions, incorporated the English common law as it had evolved up to that point.<ref>1 Pa. Cons. Stat. § 1503; Va. Code Ann. § 1-11.</ref>

===New York===
A New York State enacted March 31, 1821, provided:

{{quote|[I]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.<ref>16 N.Y. 203 (citing Laws of 1821, 183, §§ 1, 5 (current version at McKinney's Indian Law § 8 (2000))); see also Rosen, 2004, at 28 ("The New York legislature was particularly active in this regard, passing a number of statutes authorizing the governor to appoint commissioners to negotiate or 'treat' with Indian tribes to extinguish their rights to their lands in exchange for annuities, or allowing the governor himself to conduct such negotiations or make such treaties").</ref>}}

===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.<ref>An Act to restrain and prevent the purchasing Lands from Indians, 1 The First Laws of the State of South Carolina 160–161 (J. Cushing ed. 1981).</ref>