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The policy of the settlers of Connecticut in their dealings with
the natives regarding their lands forms one of the brightest
chapters, in this respect, of the early history of our country. It
is perhaps not without justification that the author of one of the
histories of the state1 makes the
following statement:
| The planters of
Connecticut proved by their conduct that they did not
seek to obtain undue advantage over the Indians. Even
the Pequod war was not undertaken for the purpose of
increasing their territory, but only in self-defense;
for they did not need their lands, nor did they use them
for a considerable time. If they had wished for them,
they would have preferred to pay several times their
value. They allowed the other tribes all the land thy
claimed after the destruction of the Pequods, and took
none without paying a satisfactory price. Indeed, in
most cases they bought the land in large tracts, and
afterward paid for it again in smaller ones, when they
wished to occupy it. In some instances, they thus
purchased land thrice, and, with the repeated presents
made to the sachems, the sums they spent were very
large. It was admitted by good judges at the time, that
they paid more than the land was worth, even after the
improvements were made; and large estates were expended
y some of the settlers in buying land at such prices as
should prevent any dissatisfaction among the natives. At
the same time, they allowed them the right of hunting
and fishing on the ground they had sold, as freely as
the English, and to dwell and cut wood on it for more
than a century; and required the towns, by law, to
reserve proper tracts for the Indians to cultivate. Laws
were made to protect them from injury and insult. |
As it is apparent from this statement, which is in accord with
the earlier histories and original documents so far as preserved,
that the attempt to unravel the various purchases would be an almost
hopeless undertaking, no effort to do this will be made here. All
that is necessary to the object of this article is that sufficient
data be presented to show clearly the policy adopted and the
practical treatment of the Indians by the colonists in regard to
their lands.
The first attempt on the part of the people of Plymouth colony to
settle Connecticut was made in 1633 by William Holmes, who fixed
upon the site of the present city of Windsor, but no buildings were
erected or permanent settlement made until the ground had been
purchased from the Indians. The extent of this purchase is not
given. The title, however, was not obtained from the Pequods, who
had driven the original owners from the territory and claimed it by
conquest. Holmes; probably aware of this fact, brought back the
original owners, and, having placed them again in possession,
purchased of them the lands be wished to obtain. This proceeding on
his part greatly incensed the Pequods and was one of the complaints
on which they based their subsequent war against the colonists.
About the same time, or perhaps a little prior to the date that
Holmes fixed his trading post at Windsor, the Dutch of New York made
a purchase from Nepuquash, a Pequod sachem, of 20 acres at Hartford.
Macauley2 says that, according to the
author of "The New Netherlands," printed in Amsterdam in 1651, the
Dutch, in 1632, purchased from the natives the lands on both sides
of Connecticut river. However, as they failed to establish their
claim to this region as against the English, their purchases were
disregarded by the latter.
In order that a somewhat clearer idea maybe given of the subsequent
purchases mentioned, Trumbull's statement3
in regard to the location of the different tribes of Connecticut at
this early day is quoted:
From the accounts given
of the Connecticut Indians, they cannot be estimated at
less than twelve or sixteen, thousand. They might
possibly amount to twenty. They could muster, at least,
three or four thousand warriors. It was supposed, in
1633, that the river Indians only could bring this
number into the field. These were principally included
within the ancient limits of Windsor, Hartford,
Weathersfield, and Middletown. Within the town of
Windsor only, there were ten distinct tribes, or
sovereignties. About the year 1670, their bowmen were
reckoned at two thousand. At that time, it was the
general opinion, that there were nineteen Indians, in
that town, to one Englishman. There was a great body of
them in the center of the town. They had a large fort a
little north of the plat on which the first meeting
house was erected. On the east side of the river, on the
upper branches of the Podunk, they were very numerous.
There were also a great number in Hartford. Besides
those on the west side of the river, there was a
distinct tribe in East Hartford. These were principally
situated upon the Podunk, from the northern boundary of
Hartford to its mouth, where it empties into Connecticut
river. Totanimo, their first sachem with whom the
English had any acquaintance, commanded two hundred
bowmen. These were called the Podunk Indians.
At Mattabesick, now Middletown, was the great sachem
Sowheag. His fort, or castle, was on the high ground,
facing the river, and the adjacent country, on both
sides of the river, was his sachemdom. This was
extensive, comprehending the ancient boundaries of
Weathersfield, then called Pyquaug, as well as
Middletown. Sequin was Sagamore at Pyquaug, under
Sowheag, when the English began their settlements. On
the east side of the river, in the tract since called
Chatham, was a considerable clan, called the Wongung
Indians. At Machemoodus, now called East Haddam, was a
numerous tribe, famous for their pawaws, and worshipping
of evil spirits. South of these, in the easternmost part
of Lyme, were the western Nehanticks. These were
confederate with the Pequots. South and east of them,
from Connecticut river to the eastern boundary line of
the colony, and northeast or north, to its northern
boundary line, lay the Pequot and Moheagan country. This
tract was nearly thirty miles square, including the
counties of New London, Windham, and the principal part
of the county of Tolland.
Historians have treated of the Pequots and Moheagans, as
two distinct tribes, and have described the Pequot
country as lying principally within the three towns of
New London, Groton, and Stonington. All the tract above
this, as far north and east as has been described, they
have represented as the Moheagan country. Most of the
towns in this tract, if not all of them, hold their
lands by virtue of deeds from Uncas, or his successors,
the Moheagan sachems. It is, however, much to be
doubted, whether the Moheagans were a distinct nation
from the Pequots. They appear to have been a part of the
same nation, named from the place of their situation.
The Pequots were, by far, the most warlike nation in
Connecticut, or even in New England. The tradition is,
that they were, originally, an inland tribe, but, by
their prowess, came down and settled themselves, in that
fine country along the seacoast, from Nehautick to
Narraganset bay. The chief seat of these Indians, was at
New London and Groton. New London was their principal
harbor, and called Pequot harbor. They had another small
harbor at the mouth of Mystic river. Their principal
fort was on a commanding and most beautiful eminence, in
the town of Groton, a few miles south-easterly from fort
Griswold. It commanded one of the finest prospects of
the sound and the adjacent country, which is to be found
upon the coast. This was the royal fortress, where the
chief sachem had his residence. He had another fort near
Mystic river, a few miles to the eastward of this,
called Mystic fort. This was also erected upon a
beautiful hill, or eminence, gradually descending
towards the south and south-east.
West of Connecticut river and the towns upon it, there
were not only scattering families in almost every part,
but, in several places, great bodies of Indians. At
Simsbury and New Hartford they were numerous; and upon
those fine meadows, formed by the meanders of the little
river, at Tunxis, now Farmington, and the lands
adjacent, was another very large clan. There was a small
tribe at Guilford, under the sachem squaw, or queen, of
Menunkatuck. At Branford and East Haven there was
another. They had a famous burying ground at East Haven,
which they visited and kept up, with much ceremony, for
many years after the settlement of New Haven.
At Milford, Derby, Stratford, Norwalk, Stamford, and
Greenwich, their numbers were formidable.
At Milford, the Indian name
of which was Wopowage, there were great numbers; . not
only in the center of the town, but south of it, at
Milford point. . . . They had a strong fortress, with
flankers at the four corners, about half a mile north of
Stratford ferry. This was built as a defense against the
Mohawks. At Turkey hill, in the northwest part of
Milford, there was another large settlement.
In Derby, there were two large clans. There was one at
Paugusset. This clan erected a strong fort against the
Mohawks, situated on the bank of the river, nearly a
mile above Derby ferry. At the falls of Naugatuck river,
four or five miles above, was another tribe.
At Stratford, the Indians
were equally, if not more numerous. In that part of the
town only, which is comprised within the limits of
Huntington, their warriors, after the English had
knowledge of them, were estimated at three hundred; and,
before this time, they had been much wasted by the
Mohawks.
The Indians at Stamford and Greenwich, and in that
vicinity, probably, were not inferior in numbers to
those at Stratford. There were two or three tribes of
Indians in Stamford, when the English began the
settlement of the town. In Norwalk were two petty
sachemdoms; so that within these towns, there was a
large and dangerous body of savages. These, with the
natives between them and Hudson's river, gave extreme
trouble to the Dutch. The Norwalk and Stamford Indians
gave great alarm, and occasioned much expense to the
English, after they made settlements in that part of the
colony.
In the town of Woodbury there were also great numbers of
Indians. The most numerous body of them was in that part
of the town since named South Britain.
On the northeasterly and northern part of the colony
were the Nipmuck Indians. Their principal seat was about
the great ponds in Oxford, in Massachusetts, but their
territory extended southward into Connecticut, more than
twenty miles. This was called the Wahbequasset and
Whetstone country; and sometimes, the Moheagan conqnered
country, as Uncas had conqnered and added it to his
sachemdom. |
On the 24th of November, 1638, Theophilus Eaton, Mr Davenport,
and other English planters entered into the following agreement with
Momauguin, sachem of Quinnipiack:4
That Momauguin is the
sole sachem of Quinnipiack, and had an absolute power to
aliene and dispose of the same: That, in consequence of
the protection which he had tasted, by the English, from
the Pequots and Mohawks, he yielded up all his right,
title, and interest to all the land, rivers, ponds, and
trees, with all the liberties and appurtenances
belonging to the same, unto Theophilus Eaton, John
Davenport, and others, their heirs and assigns, forever.
He covenanted, that neither he, nor. his Indians, would
terrify, nor disturb the English, nor injure them in any
of their interests; but that, in every respect, they
would keep true faith with them.
The English covenanted to protect Momauguin and his
Indians, when unreasonably assaulted and terrified y
other Indians; and that they should always have a
sufficient quantity of land to plant on, upon the east
side of the harbor, between that and Saybrook fort. They
also covenanted, that by way of free and thankful
retribution, they gave unto the said sachem, and his
council and company, twelve coats of English cloth,
twelve alchemy spoons, twelve hatchets, twelve hoes, two
dozen of knives, twelve porringers, and four cases of
French knives and scissors. |
In December following they purchased of Montowese another large
tract which lay principally north of the former. This tract was 10
miles in length north and south, and 13 in breadth. It extended 8
miles east of Quinnipiak river and 5 miles west of it, and included
all the lands in the ancient limits of the old towns of New Haven,
Branford, and Wallingford, " and almost the whole contained in the
present [1818] limits of those towns and of the towns of East Haven,
Woodbridge, Cheshire, Hamden, and North Haven."5
Wopowage and Menunkatuck (Milford and Guilford) were purchased in
1639. These lands, as also those in New Haven, were purchased by the
principal men, in trust, for all the inhabitants of the respective
towns. Every planter, after paying his proportionate part of the
expenses, drew a lot, or lots of land in proportion to the amount he
had expended in the general purchase. Most of the principal settlers
were from Weathersfield. "They first purchased of the Indians all
that tract which lies between New Haven and Stratford river, and
between the sound oil the south and a stream line between Milford
and ]derby. This tract comprised all the lands within the old town
of Milford and a small part of the town of Woodbridge. The planters
made other purchases which included a large tract on the west side
of Stratford river, principally in the town of Huntington."
The purchasers of Guilford required the Indians to move off the
lands they had obtained from them; which agreement they carried out
in good faith.
Mr Ludlow and others who settled Fairfield purchased a large tract
of the natives.
"Settlements," says Trumbull, "commenced the same year at Cupheag
and Pughquonnuck, since named Stratford. That part which contains
the town plat, and lies upon the river, was called Cupheag, and the
western part bordering upon Fairfield Pughquonnuck." He says the
whole township was purchased of the natives, but at first Cupheag
and Pughquonnuck only, the purchase of the township not being
completed until 1672.
The following general statement by the same authority6
indicates very clearly the just and humane policy of the settlers of
this colony:
| After the conquest of
the Pequots, in consequence of the covenant made with
Uncas, in 1638, and the gift of a hundred Pequots to
him, he became important. A considerable number of
Indians collected to him, so that he became one of the
principal sachems in Connecticut, and even in New
England. At some times lie was able to raise four or
five hundred warriors. As the Pequots were now
conquered, and as he assisted in the conquest, and was a
Pequot himself, he laid claim to all that extensive
tract called the Moheagan or Pequot country. Indeed, it
seems he claimed, and was allowed to sell some part of
that tract which was the principal seat of the Pequots.
The sachems in other parts of Connecticut, who had been
conquered by the Pequots, and made their allies, or
tributaries, considered themselves, by the conquest of
this haughty nation, as restored to their former rights.
Thy claimed to be independent sovereigns, and to have a
title to all the lands which they had at any time before
possessed. The planters therefore, to show their justice
to the heathen, and to maintain the peace of the
country, from time to time, purchased of the respective
sachems and their Indians, all the lands which they
settled, excepting the towns of New London, Groton, and
Stonington, which were considered as the peculiar seat
of the Pequot nation. The inhabitants of Windsor,
Hartford, and Weathersfield, either at the time of their
settlement or soon after, bought all those extensive
tracts, which they settled, of the native, original
proprietors of the country. Indeed, Connecticut planters
generally made repeated purchases of their lands. The
colony not only bought the Moheagan country of Uncas,
but afterwards all the particular towns were purchased
again, either of him or his successors, when the
settlements in them commenced. Besides, the colony was
often obliged to renew its leagues with Uncas and his
successors, the Moheagan sachems; and to make new
presents and take new deeds, to keep friendship with the
Indians and preserve the peace of the country. The
colony was obliged to defend Uncas from his enemies,
which was an occasion of no small trouble and expense.
The laws obliged the inhabitants of the several towns to
reserve unto the natives a sufficient quantity of
planting ground. They were allowed to hunt and fish upon
all the lands no less than the English. |
He also mentions in the same connection the following purchases:
| Connecticut made
presents to Uncas, the Moheagan sachem, to his
satisfaction, and on the 1st of September, 1640,
obtained of him a clear and ample deed of all his lands
in Connecticut, except the lands which were then
planted. These he reserved for himself and the
Moheagans. The same
year, Governor Haynes, in behalf of Hartford, made a
purchase of Tunxis, including the towns of Farmington
and Southington, and extending westward as far as the
Mohawk country.
The people of
Connecticut, about the same time, purchased Waranoke and
soon began a plantation there, since called Westfield.
Governor Hopkins erected a trading house and had a
considerable interest in the plantation.
Mr. Ludlow made a purchase of the eastern part of
Norwalk, between Saugatuck and Norwalk rivers. Captain
Patrick bought the middle part of the town. A few
families seemed to have planted themselves in the town
about the time of these purchases, but it was not
properly settled until about the year 1651. The planters
then made a purchase of the western part of the town.
About the same time Robert Feaks and Daniel Patrick
bought Greenwich. The purchase was made in behalf of New
Haven, but through the intrigue of the Dutch governor,
and the treachery of the purchasers, the first
inhabitants revolted to the Dutch. They were
incorporated and vested with town privileges y Peter
Stuyvesant, governor of New Netherlands. The inhabitants
were driven off by the Indians, in their war with the
Dutch; and made no great progress in the settlement
until after Connecticut obtained the charter, and they
were taken under the jurisdiction of this colony.
Captain Howe and other Englishmen, in behalf of
Connecticut, purchased a large tract of the Indians, the
original proprietors, on Long Island. This tract
extended from the eastern part of Oyster bay to the
western part of Howe's or Holmes's bay to the middle of
the great plain. It lay on the northern part of the
island and extended southward about half its breadth.
Settlements were immediately begun upon the lands, and
by the year 1642, had made considerable advancement.
New Haven made a purchase of all the lands at Rippowams.
This purchase was made of Ponus and Toquamske, the two
sachems of that tract, which contained the whole town of
Stamford. A reservation of planting ground was made for
the Indians. (The purchase was made by Captain Nathaniel
Turner, agent for New Haven. It cost about thirty pounds
sterling.) |
In 1640 laws were enacted by both Connecticut and New Haven
prohibiting all purchases from the Indians by private persons or
companies without the consent of their respective general courts.
These were to authorize and direct the manner of every purchase.
The Pequots having petitioned the English to take them under their
protection, this request was granted in 1655. Places of residence
were appointed for them by the general court of Connecticut "about
Pawcatuck and Mystic rivers," and they were allowed to hunt on the
lands west of the latter. They were collected in these two places
and an "Indian governor" appointed over them in each place. General
laws were also made for their government.
In June, 1659, Uncas, with his two sons, Owaneco and Attawanhood, by
a formal and authentic deed, made over to Leffingwell, Mason, and
others (35 in all) "the whole township of Norwich, which is about 9
miles square."7
Other purchases were made, of which the following may be mentioned :
A township of land called "Thirty miles island," at or near East
Haddam.
Massacoe or Symsbury.
Lands adjoining or near Milford were purchased of the sagalnores
Wetanamow, Raskenute, and Okenuck, between 1657 and 1671.
The purchase from the Mohegans of a large tract, including most of
the Pequod country. This tract, however, was claimed by Mason and
his associates. A long and expensive controversy ensued, but after
several years had passed in contesting the adverse claims, judgment
was finally rendered in favor of the colony.. The bounds of this
tract are given as follows: "Commencing on the south at a large rock
in Connecticut river, near Eight mile island, in the bounds of Lyme,
eastward through Lyme, New London, and Groton to Ah-yo-sup-suck, a
pond in the northeast part of Stonington; on the east, from this
pond northward to Mah-man-suck, another pond; thence to
Egunk-sank-apong, Whetstone hills; from thence to Man-hum-squeeg,
the Whetstone country. From this boundary the line ran a few miles
to Acquiunk, the upper falls in Quinnibaug river. Thence the line
ran a little north of west, through Pomfert, Ashford, Willington,
and Tolland to Moshenupsuck, the notch of the mountain, now known to
be the notch in Bolton mountain. From thence the line ran southerly
through Bolton, Hebron, and East Haddam" to the place of beginning.
It appears that the colonists, by repeated purchases and "ample
deeds," had already obtained title to most of this land, but to
prevent trouble and to satisfy the Mohegans, they offered the latter
a further sum of money, which was accepted as a full, complete, and
satisfactory payment. In addition to this the colonists reserved for
the Indians between 4,000 and 5,000 acres of land between New London
and Norwich, and granted them the privilege of hunting and fishing
everywhere, and of building wigwams and cutting wood in all
uninclosed lands.
It appears from the "East Hampton Book of Laws8
a that the people of this settlement made a rule, about 1663,
against private purchases of land from Indians:
| No purchase of lands
from the Indians after the first day of March 1664 shall
be esteemed a good title without leave first had and
obtained from the Governour, and after leave so
obtained, the purchasers shall bring the Sachem and
right owner of such lands before the Governour to
acknowledge satisfaction and payment for the said lands,
whereupon they shall have a grant from the Governour and
the purchase so made and prosecuted is to be entered
upon record in the office and from that time to be valid
to all intents and purposes. |
Had the colonists but added the Canadian (English) custom of
requiring the members of the tribe or tribes to name the sachems or
men authorized to make the sale, the plan would have been about as
nearly perfect as the case would have admitted of at that time.
In 1708 John Belden and others purchased a large tract between
Norwalk and Danbury.
These examples are sufficient to show the policy adopted by the
settlers of Connecticut in dealing with the Indians for their lands
and their practical methods in this respect. It is clear that they
conceded the right of possession to be in the natives, and that a
just and humane policy required them to purchase this possession
before they converted the lands to their own use. Although purchases
were made at first by individuals or companies, these were in most
cases for or on behalf of settlements and not for the sole benefit
and advantage of the person making the purchase. To what extent and
in what manner these early purchases were confirmed by competent
authority is not entirely clear. It is presumed, however, from the
fact that laws were passed by both Connecticut and New Haven (1640),
before their union, prohibiting purchases without the consent of
their general courts, that abuses had occurred from this loose
method.
The following act "concerning purchases of native rights to land"
was passed in May, 1717:
That all Lands in this
Government are Holden of the King of Great Britain, as
Lord of the Fee: And that no Title to any Lands in this
Colony can accrue by any purchase made of Indians, on
Pretence of their being Native Proprietors thereof
without the Allowance, or Approbation of this Assembly.
And it is hereby Resolved. That no Conveyance of
Native Right, or Indian Title without the Allowance, or
approbation of this Assembly aforesaid, shall be given
in Evidence of any Man's Title, or Pleadable in any
Court.9 |
Another act of the same tenor, entitled "An Act for preventing
Trespass on the Lands of this Colony, by Illegal Purchase thereof
from the Indians," was passed October 11, 1722, as follows:
That whosoever shall
presume to purchase any Lands within the Bounds of this
Colony, of any Indians whatsoever, without the Leave of
this Assembly hereafter first had, and obtained, under
color, or pretence of such Indians being the Proprietors
of said Lands by a Native Right; or shall having
Purchased of any Indians Lands in such manner, without
Leave of this Assembly afterwards first had, or the
Confirmation of this Assembly afterwards obtained,
presume to make any Sale of, or any Settlements upon any
Lands so Purchased, every Person who shall in any such
Manner Transgress, and be thereof Convicted in the
County Court, or in the Superior Court of that County
where such Lands shall lye, shall incur the Penalty of
Fifty Pounds to the Treasury of this Colony.
And whatsoever Person, or Persons shall suffer any Wrong
by means of such Sale or Settlement, as aforesaid, shall
Recover in either of the said Courts, upon Proof of such
Wrong, by him suffered, Treble Damages against the
Person, or Persons so Wronging of him.10 |
A few years later (1750) even more stringent provisions were
enacted against unauthorized purchases from Indians, namely:
SEC. 10. And be it
further, enacted, That no person or persons in this
State, whether inhabitants or other, shall buy, hire or
receive a gift or mortgage of any parcel of laud or
lands of any Indian, for the future, except he or they
do buy or receive the same for the use of the State, or
for some plantation or village, and with the allowance
of the General Assembly of this State.
SEC. 11. And if any person or persons shall purchase or
receive any lands of any Indian or Indians, contrary to
the intent of this act, the person or persons so
offending, shall forfeit to the public treasury of this
State the treble value of the lands so purchased or
received; and no interest or estate in any lands in this
State shall accrue to any such person or persons, by
force or virtue of such illegal bargain, purchase, or
receipt.
SEC.12. it is further enacted. That when, and so
often as any suit shall be brought by any Indian or
Indians, for the recovery of lands reserved by the
Indians for themselves, or sequestered for the use and
benefit of the Indians, by order of this Assembly, or by
any town, agreeable to the laws of this State, that the
defendent or tenant shall not be admitted to plead in
his defense his possession, or any way take benefit of
the law; entitled "An Act for the quieting men's
estates, and avoiding of suits," made. May the
eighteenth, one thousand six hundred and eighty-four.11 |
1 Theodore Dwight, jr., The History of
Connecticut from the First settlement to the Present Time (1841), p.
89.
2 History of New York (1829), vol, u, p. 304.
3 History of Connecticut (1818), vol. i, pp. 40-43.
4 Trumbull, History of Connecticut, vol. i, pp. 98,
99.
5 Trumbull, History of Connecticut, vol. I, , p. 99,
z
6 Vol, I, pp. 116,117.
7 Trumbull, History of Connecticut., vol. i, p. 336.
8 New York Historical Collections, vol. i.
9 Statutes of Connecticut (1750), p. 110.
10 Statutes of Connecticut (1750), p. 114
11 Laws of Colonial and State Governments (1832),
pp. 50-51
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First annual Report of the Bureau of Ethnology,
1879-80
Indian
Land Cessions in the United States
 |
