USA > Connecticut > Connecticut as a colony and as a state; or, One of the original thirteen, Volume I > Part 17
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Among the early laws of the colony was one prohibiting the purchase of lands from the Indians without the sanction of the General Court. This law, which was often violated, was not promulgated for the purpose of protecting the In- dians, but to establish the claim of the colony to all unbought and unoccupied lands. Private sales and gifts were not un- known at this period, but they were not as numerous as at a later date.
In 1647 the Indians were forbidden to hire lands of the
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English; and in 1663 it was enacted that private individuals were to be indicted if they purchased lands of the Red Men. These laws were necessary to protect the Indians from dis- honest and rapacious whites ; and indeed it was from unscru- pulous private transactions that the complaint arises that the Indians have been unfairly deprived of their lands.
In the year 1639 several land purchases were made by the colonists. A company from Massachusetts, with a few set- tlers from Wethersfield, secured in various transactions the land now comprising the towns of Stratford, Bridgeport, Trumbull, Huntington, and Monroe. Roger Ludlow, who had become acquainted with the southern part of Connecticut while officiating as one of the magistrates accompanying Mason's troops during the Pequot War, interested others in the territory, and bought of the Norwalk Indians a large tract of land now forming the towns of Fairfield, Weston, Easton, the greater part of Redding, and Westport.
In the following year Captain David Patrick, a veteran of the Pequot War, purchased two islands at the mouth of the Norwalk River, and a tract of land to the west of that stream, which now comprises the towns of Norwalk, New Canaan, Wilton, and a part of Westport.
Planters from New Haven had purchased lands in Mil- ford, and what are now Stamford and Darien, while the Dutch were in possession of Greenwich. The territory be- tween the Hammonassett and East Rivers was bought of Uncas, being the marriage portion of one of his wives. Thus within a decade of their coming to Connecticut, the white set- tlers had secured the control of its entire sea-coast, either by purchase, conquest, or treaty.
In 1640, eighty-four enterprising planters of Hartford bought of the Tunxis Indians a large tract of land to the west
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of that settlement. A final agreement was made some ten years later, in which mention is made of the purchase in 1640, and also a former one in 1636. In the last article, the Indians acknowledged that on account of the protection and trade of the English, they were better off than when the whole country was at their disposal; that they could hire land of the white man, and obtain better results than when they formerly occupied it free. This tract included the southwestern part of the present county of Hartford.
From 1656 to 1701, various purchases were made in the Housatonic and Naugatuck valleys; the latter purchases from the natives were in the western part of the Common- wealth, a tract being bought in what is now Danbury in 1684, and another in Ridgefield in 1708.
Along the Connecticut River, numerous purchases were made. A committee appointed by the General Court re- ported in 1650, that the lands in the present northern part of Middlesex County were capable of supporting fifteen fam- ilies; but though a settlement was effected, there is no rec- ord of any purchase, save that a portion of the territory had been deeded as a gift to Governor Haynes from Sowheag. A Poquonnoc Sachem in 1666 sold to the town of Windsor about 28,000 acres; a few years later, this same chief in connection with others disposed of a tract six miles east of the river, and as far west as the General Assembly had estab- lished the boundaries of the town of Middletown. This formed the remainder of the lands owned by the natives in the present towns of Chatham, Middletown, Cromwell, and Portland. In 1662, titles were obtained from the Indians for land forming the site of Chester, Haddam, and East Had- dam; and in 1673 the Wethersfield settlers obtained a deed of about thirty square miles on the opposite bank of the river.
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After the overthrow of the Pequots, Uncas claimed what is now the northern part of New London and southern part of Tolland and Windham Counties. In 1659 he deeded to a company of thirty-five proprietors the famous Norwich tract, to obtain the necessary funds to equip his followers with the sinews of war against his enemy the Narragansetts. This deed covered nine square miles, and Governor Winthrop in the same year, with the permission of the General Court, pur- chased of the native proprietors lands at Quinebaug.
In October 1640, an agreement was drawn up and signed between Uncas and the colony of Connecticut. While it was ambiguous, it stated that Uncas parted with his whole coun- try, excepting the planting grounds of the Mohegans, for a consideration of five yards of cloth and a few pair of stock- ings. The sale of the Norwich tract was made with the con- sent of Major John Mason, who was the Mohegans' chief adviser. The same year Uncas and his brother Wawequa, in the presence of witnesses, deeded the rest of the lands to Mason, his heirs and assigns forever. Mason was at this time a Magistrate; the following year he became Deputy Governor, and surrendered all jurisdiction over the lands to the colony, reserving for himself the right to sufficient land for a farm, and to lay out the settlements to be made on the tract. Uncas during this time was selling and granting lands with a prodigal hand. The New London and Norwich rec- ords abound with deeds conveying large tracts to various individuals, many of them without monetary consideration, but naming as acknowledgments love and affection; the same property was deeded over and over again to different parties. That Mason was considered the guardian of the Indians, by themselves and by the colonial authorities, is amply illus- trated.
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In 1661, and also in 1665, Uncas and his sons Oweneco and Attawanhood confirmed the grant originally made by Uncas and his brother in 1659. The death of Attawanhood occurred in 1676; his bequest to white settlers included whole townships in Windham County, and he directed his followers to leave the territory. The death of Uncas occurred in either 1682 or 1683, and during his life the English never urged their claim.
The colonial authorities affirmed that Uncas's agreement of 1640 was a true deed of purchase and sale; while the Indians and their supporters declared that it was a mere right of pre-emption, by which Uncas agreed to part with no land other than to the colony or its settlers. In the disputes that arose, Mason's transfer was claimed to be only a trustee- ship to protect the Indians from the unscrupulous extortion of their property for an insignificant compensation. This was the opinion sustained by Mason's descendants; Connecticut on the other hand maintained that Mason was a commis- sioned agent of the colony, and that the object of obtaining the deed was to eliminate whatever remaining titles to the lands might be possessed by the Mohegans.
A year prior to Mason's death, he executed a deed making over to the Mohegans a large tract of land, to be inalienably entailed from grant or sale. If Mason held the property by a trusteeship, by what right could he deed back only a part of the trust? while if he was an agent for the colony, he had no power to execute such a transfer. These lands became known as the "Sequestered Lands," and after Mason's death became subject to encroachment by the whites; until Uncas became alarmed and applied to the General Assembly to es- tablish the boundaries between the Mohegans' possessions and the town of Norwich, that they might be recorded.
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This the General Assembly directed the people of New London County to do, after exacting an agreement from Uncas. By this compact he promised to make amends for any injuries done by his people, and to dispose of no lands without the consent of the colonial authorities; confirmed all previous grants; and gave the General Assembly the right to redivide and regrant all lands, and to take such com- pensation therefore as they deemed adequate. He promised to do no evil against the colonies, and to be advised by the General Assembly in making peace or war, and in contract- ing alliances and leagues ; he bound himself to be a faithful ally of the colony, and furnish warriors to fight its battles. On their part, the Assembly promised to protect his people then and forever, and if they faithfully kept their agreement, satisfaction was to be granted for any wrong done by the English; the Mohegans were to have a just price for all lands taken, and were allowed sufficient on which to obtain a livelihood; in case of war they were to receive advice and ammunition from the colonists. In this agreement there was no mention of Mason's entailment by either party. The land claimed by the Mohegans was a tract of thirty-two square miles on which they resided, between New London and Nor- wich; another district of about eighteen square miles stretched along the northern boundary of Lyme to the Con- necticut River ; the third was known as the Mohegan Hunt- ing Grounds, lying to the west of Norwich and Lebanon ; besides these were other small tracts of considerable extent, chiefly in Windham County.
Uncas was succeeded by his eldest son Oweneco, who trusteed the lands to several parties, but in 1689 made a con- firmation of the trust to Daniel Mason, son of Major John. Oweneco at various times disposed of land by grants and
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sales; and while in a state of intoxication, sold nearly all of the Mohegan Hunting Grounds, now Colchester, for the paltry sum of five or six shillings. For redress against these land transactions, the Mohegans petitioned the General As- sembly without success, and a memorial citing their wrongs was presented to Queen Anne. For the trial of the case a royal commission composed of twelve members was appoint- ed by her Majesty, at the head of which was Joseph Dudley, Governor of Massachusetts. The Commissioners were em- powered to restore the lands to the Mohegans if they had been unjustly taken by the colony, but from their decision an appeal could be taken to the Crown. The court was held at Stonington; and the authorities of Connecticut, being sum- moned, refused to appear if the court's decision was to be final, as it was contrary to their charter. The subjects of the colony were forbidden to appear before the court or to ac- knowledge its authority; thus, no defendants appearing, the plaintiffs had the pleading all to themselves.
A survey had been taken which showed that the northern two-thirds of New London County, and the southern two- thirds of Windham and Tolland Counties, aggregating about eight hundred square miles, was the extent of the original Mohegan country. A comparison was made with the small allowance now remaining in possession of the tribe. There was no claim that the original tract should be restored, but only that portion which remained when the last treaty was made in 1680, between Uncas and the colony. In a little over a score of years the Mohegans had been deprived of about forty square miles of country, without receiving a dol- lar of compensation. Grants to their territory had been made by Oweneco and by the colony, but none had received the concurrence of Daniel Mason, the Mohegan's legal trus-
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tee. The decision of the royal commission was that the col- · ony of Connecticut should replace the Mohegans in posses- sion of all the lands they had at the time of Uncas' death : this embraced three tracts, one lying between New London and Norwich, one in the northern bounds of Lyme, and one comprising the entire town of Colchester. In reference to other claims, including territory in Windham County, the commissioners prohibited English subjects from entering on or improving it until a further hearing and decision should be made. At the request of Oweneco, John Mason, a grand- son of Major John Mason, was appointed guardian of the Mohegans to manage all their affairs. The costs of the com- mission, amounting to £573 12s. 8d. were filed against the Colony of Connecticut; from this decision Connecticut took an appeal, and on Feb. 15, 1706, the Queen granted a com- mission of review.
The guardian of the Mohegans, owing to several years' illness, was unable to attend to business; and the government of Connecticut having little interest in prosecuting the affair, the commission never sat. The Assembly appointed a com- mittee to treat with Oweneco, but his demands were so un- reasonable that they were rejected by the governor. Mason became involved in difficulties-partly by Oweneco deeding lands without compensation or authority, and by his own carelessness in selling the same tract to different parties-and resigned his guardianship in 1711 to William Pitkin and five others. The colony granted lands valued at £1,000 to these new trustees to settle with the different claimants.
The liberal distribution of land by Oweneco raised oppo- sition amongst his own people; in May 1714 Ben Uncas, an illegitimate son of Uncas, and fifty-four Mohegans, conveyed
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the remaining lands to Gurdon Saltonstall, John Mason, Joseph Stanton, William Whiting, and John Elliott.
Oweneco's death occurred in 1715, and he was succeeded by his son Cæsar; and as the land disputes still continued, the General Assembly appointed a committee, consisting - of James Wadsworth and John Hall, to settle the complaints of the Indians and to remove all persons from lands held by no legal title. This committee met at Mohegan in the same year, and nearly all of the English claims were allowed; Col- chester was assigned the Hunting Grounds, and the Indian deeds for the tract in Lyme and three-quarters of the "Se- questered Lands" were declared legal. The remainder, con- sisting of four or five thousand acres, was entailed to the Mo- hegans as long as one existed. This action of the commit- tee was ratified by the authorities of Connecticut.
The death of Cæsar occurred in 1723; and instead of be- ing succeeded by Mahomet, the rightful heir, according to English notions, the grand council of the nation selected Ma- jor Ben Uncas as Sachem, which choice was confirmed by an act of the Assembly. The old controversy regarding the Mohegan lands, which was supposed to have been settled in 1721, was revived; Mason became responsible for a large portion of the cost of the royal commission in the belief that their decision was final, and that the Mohegans would be restored to their lands. The colony refused to reimburse him, but consented to his residing with the Indians, as they had already chosen him and his heirs their perpetual guar- dians. Mason petitioned the General Assembly in 1725 for a settlement, and a committee was appointed; they objected to the bill of costs, and claimed the colony had made ample restitution in the past.
The old Sachem died in 1726, and his son, also named Ben
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Uncas, was selected to succeed him. His election was sanc- tioned by the Assembly, who appointed John Hall and James Wadsworth guardians of the Mohegans.
It was on the 4th of June, 1738, that another royal com- mission of review convened at Norwich by the authority of George II. There had been factions generated amongst the Mohegans; the minority of the tribe were in favor of Ben Uncas as Sachem, who was steadfast in his loyalty to Con- necticut ; while the majority favored a cousin of Ben, named John Uncas, and wished to continue under the guardianship of John and Samuel Mason, sons of Captain John Mason who had died in England, basing their claims on the deed making the office perpetual to their father and his descendants. The commissioners were Gov. John Wanton, John Chipman, Peter Bours, William Anthony, James Arnold, Philip Ar- nold, and Rowso Helme of Rhode Island, and Philip Cort- landt and Daniel Horsmanden of New York. On the or- ganization of the commission, Philip Cortlandt was elected president. The first important question that came before the board was to decide who was the legal Sachem of the Mo- hegans. The Mason party had retained able counsel, but the governor and counsel of Connecticut was determined to up- hold the claim of Ben Uncas; the Rhode Island Commis- sioners were inclined to favor their sister colony, and when the attorneys representing Mason's interests proposed that all the Mohegans should testify as to their legal chief, a ma- jority of the commissioners decided against it. From this decision Horsmanden openly dissented. The following day Mason's attorneys moved that the Mohegan testimony be taken first for Ben Uncas, and afterwards for John Uncas; this the Rhode Island commissioners refused, and Hors- manden again dissented. The commissioners decided Ben
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Uncas to be the rightful Sachem of the Mohegans; and Horsmanden, still dissenting, was joined by his colleague from New York. The case now developed into a singular position : Ben Uncas, the legal acknowledged Sachem, had no cause of action against the colony, and therefore as plain- tiff dismissed Mason's attorneys, and chose three Connecticut lawyers as his advocates. The motion was made that Sam- uel Mason be recognized as guardian of the tribe; this was met with refusal on the part of the commissioners, and again Horsmanden registered his dissent. As a last attempt for recognition, Mason's attorneys suggested that the Mohegans be allowed to choose their own advocates; the commissioners overruled this motion, and the attorneys retired from the case. The New York Commissioners recorded their disap- proval of this act and withdrew from the commission, claim- ing the defense of Connecticut to be unfair and collusive.
The commission reorganized with Governor John Wanton as president, and after hearing the testimony of the defen- dants, repealed the decisions of the royal commission of 1705 ; they based their decree on the Uncas deed of 1640, the terms of the Royal Charter, the quitclaims and conveyance obtained from the Mohegan Sachems by individual proprie- tors, the fact that the Mohegans were still in possession of a fertile tract of four or five thousand acres, and the general releases to the colony freeing it from all charges, signed in 1737-38 by Ben Uncas and a number of the Mohegans. A majority of the Mohegans, being dissatisfied with the de- cision of the commissioners, petitioned John and Samuel Ma- son to present an appeal to the Crown. A memorial was drawn up stating their grievances; and, accompanied by a report from Cortlandt and Horsmanden of the irregular pro- ceedings of the commission, was forwarded to England. The
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Lord Justice set aside the verdict and granted a new com- mission, from which there could be an appeal to the King's Privy Council, which was to be final.
On July 1743, commissioners from New York and New Jersey held their first meeting at Norwich. The New York members were Philip Cortlandt, Daniel Horsmanden, and Cadwallader Colden; and those from New Jersey were Lewis Morris and John Rodman. There were four parties interested in the case: the Mohegans who recognized John Uncas as Sachem, those that favored Ben Uncas, the colony of Connecticut, and the holders of the disputed territory. The sheriff was authorized to poll the Mohegans individu- ally, and ascertain whom they considered their rightful Sachem; he questioned ninety-nine of the tribe, and seventy- seven declared for John Uncas. The counsel for the colony, in presenting the case, stated that the Mohegans were not an independent people, as the English had rescued them from the domination of the Pequots; that they had no territory, as all claim to such was abolished by the Uncas deed of 1640; that this grant was strengthened by the conveyance in 1659 to Mason, who was an official of, and acted as agent for, the colony; that the lands had been twice bought by the colony, and that the Indians had been satisfied until they were incited to enforce claims by selfish and designing men; that the disputed territory had been held by its present possessors many years, and ejecting them would cause suffering to over five hundred persons. The colony protested against John and Samuel Mason as guardians of the Mohegans, and de- nied the authority of the commissioners to extend any further the lands reserved by the Sachems.
The counsel for the plaintiffs denied that the Mohegans had ever sold the lands, claiming they had only executed a
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deed of trust to Major John Mason to protect themselves from the colony; that Mason had reconveyed the greater part to the tribe, and transferred his guardianship to his descendants. The commission was in session seventeen days, and Colden, Rodman, and Cortlandt delivered a decision in favor of the colony, on the belief that if the colonial gov- ernment had not interfered, the Indians would have had no territory left, while they now had about five thousand acres, with which they should be content. Morris differed in his opinion, as he considered Uncas' deed merely a pre- emption right to the lands, to exclude other English and the Dutch, and that the surrender of the territory by Mason to the colony was to enable it to exercise its powers of juris- diction. The implacable foe of Connecticut, Horsmanden, pronounced the deed of Uncas to be a forgery; and that even if if genuine, subsequent transactions rendered it null and void. The commission adjourned to meet again Nov. 5, 1743; on the appointed day the three commissioners, con- stituting a majority, confirmed their original decision and re- voked the decree of the Commission of 1705, except that the "Sequestered Lands" were reserved for the Mohegans.
An appeal was taken to the King's Privy Council by the attorney on behalf of the Mohegans, and the cause was tried and settled in England by the Lords Commissioners, who decided in favor of the colony.
The litigation over the Mohegan lands, a scource of con- tention for almost a century, was thus finally settled; and Connecticut was sustained in possession of the territory, of which enemies within and without her borders had attempted to despoil her, to their own enrichment. Other reservations were allotted to the Indians at different times by the State; but the Red Men gradually became extinct, save for some
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offspring of white intermixture, until there is not at the present time a pure-blooded Indian within its boundaries, al- though the United States census of Connecticut for 1900 gives one hundred and forty-three Indians.
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CHAPTER XVII THE ORGANIZATION OF TOWNS AND COUNTIES
I N Connecticut the town was the unit of civil organiza- tions, legally speaking; this was a quasi-corporation, and since the primitive English "tuns" there had been no such examples of self-government. The au- tocratic constable was the preserver of public peace, the collector of taxes, and, as notifier of the meetings of the General Court, was the connecting link between the Common- wealth and the towns. Religion was the vital part of exis- tence to the Connecticut settlers, and it permeated their daily life. This is evidenced by the fact that every division or dispute on religion gave rise to the settlement of a new town.
The migrations of the planters to the river settlements were a continuance of three fully organized Massachusetts towns, thus differing from New Haven, which was estab- lished on an original basis. The Commonwealth became the product of its town system ; but by the obtainment of the Royal Charter, Connecticut acquired an independent and legal status superior to the towns. This is noticed in her acts addressed to the towns previous to obtaining the Royal Charter; these were formally put in the nature of recom- mendations, but afterwards there was an evident assumption of power, and an assertion of the interests of the Common- wealth.
During the decade between 1629 and 1639, about 20,000 Puritans had left the old country for New England; but the tide of emigration to Connecticut after the formation of the parent settlements almost ceased. The reason for this was that reports, emanating from Massachusetts, were scattered broadcast, to the effect that the settlers' cattle were dying from starvation because the uplands would produce no corn ; and that Mr. Thomas Hooker was dubious over the perma-
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nency of the settlements. Despite the jealousy of her sister colony, Connecticut, owing to the fertility of her meadows and the democracy of her government, maintained a sub- stantial growth, and in 1637 she numbered from six to eight hundred souls.
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