USA > Massachusetts > Berkshire County > Great Barrington > History of Great Barrington, (Berkshire County,) Massachusetts > Part 7
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At the time of the beginning of settlements here, . the Green River emptied into the Housatonic about one-fourth of a mile further south than it now does, and near where the divisional line between Sheffield and Great Barrington intersects the Housatonic. The relative locations of these streams have since very ma- terially changed. By the constant wearing and wash- ing away of its banks, the Housatonic has infringed upon and absorbed the Green River, and now occupies the original bed of the latter for some distance east and south of the bridge, on the meadow road ; whilst a little further south, the cove called "Warner's Cove," running southerly to the town line, apparently marks the former course of the Green River. A brook, called by the Indians Mau-nau-pen-fe-con,-the same sluggish stream which crosses the road south of the old Wil- liam W. Warner place-then discharged its waters into the Housatonic near the north line of George Kellogg's land, where there is now a small cluster of maples on
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HISTORY OF GREAT BARRINGTON.
the bank of the river, about one hundred rods south of the Warner house. The course of this brook,-east of the highway,-has been artificially changed, so that it now reaches the river some distance to the north- ward of its former place of juncture ; but the original bed of this stream is still distinctly traceable from the river many rods westward. The mouth of this brook formed the south-easterly boundary of the Indian Re- servation. To the north of the Warner house, at the foot of the bluff, where is now a marsh and small run of water, another and smaller brook, coming from the westward, united with either the Green River or the Housatonic near their then point of confluence. The mouth of this brook was the north-easterly boundary of the reserved land, whilst between this brook and the Green River was a small piece of clear meadow also included in the reservation. This meadow lies imme- diately to the north of the town line, and between it and the bridge.
The tract reserved-(aside from the clear meadow) -extended due west from the mouths of the brooks we have described, across Sheffield and Egremont, to the New York line. On this tract, and probably a short distance north of the Warner house, was the In- dian settlement-Skatekook-where Umpachene and a few others had their wigwams. This spot, which long bore the name of "Umpachene's Point," is a fine, dry location, -- a gravelly bluff rising abruptly from the river meadows, and well adapted for the site of an In- dian village. Evidences of its occupancy, such as In- dian implements, burned stones and charred wood were formerly abundant in the soil, whilst Indian graves are said to have been found there, and a more extensive place of interment is known to have existed half a mile to the westward.
At the conference of the Legislative committee with the Indians in February, 1736, (which has been mentioned) it was expressly stipulated, and became part of the contract, that if the General Court should grant to the Indians the township of Stockbridge, as proposed, the Indians would relinquish to the commit- tee or to the General Court the whole of this reserved
.
71
DISPOSAL OF RESERVED LAND.
tract, in order that the land might be used in making equivalents to the proprietors of the Upper Township for the lands taken from them. The Legislature per- formed its part of the contract by granting a township to the Indians, and authorized the committee to dis- pose of this reserved land in making equivalents to the Housatonic proprietors. The committee did dispose of that part of the reserved land which lies in the town of Sheffield, by granting to Isaac Forsberry [Vosburgh] about three-fourths of it-the eastern end-in exchange for three rights, and the remainder-the south-western part-to Arent Gardiner in exchange for one right ; but they do not appear to have disposed of that part of the tract which lies in Egremont. Why the com- mittee did not distribute the remainder of the re- served land, does not appear; but it may be surmised that they had regard for the request of Konkapot, that the three Dutchmen, who lived upon a part of it, might not be disturbed. However this may be, notwithstand- ing the stipulations made with the committee, the In- dians, in 1740, executed a lease for ninety-nine years, to one Andrew Karner, of a considerable portion of the tract lying in Egremont. Mr. Karner had, then, a dwelling house upon the land thus leased, near Guilder Hollow, and resided there. (1)
No satisfactory reason appears for this apparent violation of the contract, on the part of the Indians, but it is to be presumed that Karner was one of the three Dutchmen who, as Konkapot told the commit- tee, were permitted to live upon the land to the east- ward of Taconic Mountain, and in whose behalf he re- quested that the government would not take from them the land which they actually improved. Years afterwards, the General Court was making arrange- ments to lay out, and make sale of large tracts of lands
(1) "Anderes Carner," in a petition to the General Court, Oct. 26, 1772, states that the Indians gave one half of the re- served land (in Egremont) to him, and the remainder to John Vanguilder ; and that the land extended west to the mountain, 860 rods from the west line of Sheffield. (Mass. Archives, Vol. 118, page 567.) Carner was the ancestor of the Karner fami- lies of Egremont, and Vanguilder was one of the parties to the deed given by the Indians to the committee in 1724.
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HISTORY OF GREAT BARRINGTON.
in the western part of the province, and had appointed a committee for that purpose, when Konkapot and other Indians of Stockbridge, in May, 1762, preferred a petition to the Legislature, stating that by inherit- ance from their ancestors, they were the owners of the lands in question, that "they nor their ancestors had ever been at war with the English or dispossessed of said lands,"-"that they had been always faithful to the English, and had lost many brave men in their wars," that the government had granted away several large tracts of their lands, against which they had re- monstrated, but had never obtained redress, though they had received assurances that they should be paid therefor ; that they were now informed that all their lands in the western parts of the province were ordered by the government to be sold, and asking that proceed- ings as to the sale of the lands might be stayed, that their rights should not be forced from them, and that they might be heard, by some of themselves, on the subject. With this petition they sent Capt. Jacob Cheeksaunkun and Johannes Mtoksin to present their case. (1) They were granted a hearing, by counsel, "by the two houses," and a committee was appointed "to inquire further into the Indians' title to the lands mentioned and report." The committee reported the next day, June 1st, 1762, that the Indians had not of- fered sufficient evidence to support their title to the lands mentioned in their petition; "that the Indians have for many years past, laid claims to lands in the western parts of the Province, and when grants have been made of townships in that part of the Province, gratuities have been frequently made to the Indians to prevent discontent and keep them quiet;" "that indi- viduals had in an irregular manner made purchases of the Indians and paid them large sums of money," " which purchases ought not to be countenanced by the government." The committee recommended that, although in strict justice nothing was due from the government to the Indians, they not having shown any title to the lands, as gratuities had formerly in like
(1) General Court Records, vol. xxIV, page 387.
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COMPENSATION TO INDIANS.
·cases been made to them, and it might be of import- ance to the public to keep them "quiet and in good temper," a sum, not exceeding one thousand pounds, should be deposited in the hands of a committee for the use of the Indians, to be applied in such manner as to the committee should appear equitable; "the said Indians, before such application be made, relin- quishing all claims to any of the lands of the Province to which they pretend a title." The committee further recommended that the committee "appointed to make sale of the lands in the western part of the Province should proceed as ordered." This report was accept- ed; and on the following day, June 2d, the General Court ordered that the sum of £1,000 be paid into the hands of a committee, to be chosen, for the use of the Indians, "to be applied as shall appear to such com- mittee to be equitable," Provided " that before the pay- ment of said sum, the said Indians shall release all claim to any of the lands of the Province to which they pretend a title, as also to any lands which have been granted by the Province, grants to themselves except- ed, and that the committee of this court, appointed to make sale of the lands in the western part of this Province proceed as ordered." On the 10th of June, by a resolve of the General Court, the sum appropri- ated was increased to £1,500, and a committee was ap- pointed to receive the same and apply it to the use of the Indians ; but for some reason procedures were de- layed for a time.
But on the 17th of February, 1763, acting upon another memorial or petition of the Indians, the Gen- eral Court passed a resolve making an addition of £200 to the sum already appropriated,-or £1,700 in the whole,-which was to be placed in the hands of Timothy Woodbridge, Esq., to be applied by him to the use of the Indians as he should deem equitable, provided that "before the payment of the said sum to the said Indians, they shall release all claims to any of the lands of this Province to which they pretend title, as also to any lands heretofore granted by this Prov- ince, (grants to themselves excepted.")
In accordance with the provisions on which the
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HISTORY OF GREAT BARRINGTON.
.
money was granted, on the 12th of January, 1763,- prior to the last action of the General Court,-Benja- min Kauk-ew-ena-en-aut, John Poph-ne-hon-muk-wok, alias Konkapot, and eighteen others, "all of the said Muh-huk-kunnuck River Indians, or Housatonnock tribe, inhabitants and residents of Stockbridge, in the County of Berkshire and Province of Massachusetts Bay in New England, Indian Hunters and claimants of Land lying in the western part of said Province of the Massachusetts Bay from the Great River called Hud -- son's River on the west part, and a River called West- field River on the east part," in consideration of £1,800 "paid by the Great and General Court of said prov- ince of Massachusetts" did for themselves and their heirs "and in the name of and behalf of the said Muh- huk-kun-nuck River or Housatonnock Tribe of Indi- ans " "give, grant, release and convey unto the said Great and General Court of the Province of Massachu- setts Bay, to their Grantees or assigns (with the excep- tion and reservation hereafter made ") "all that tract. or parcel of land lying and being within the said Prov- ince of Massachusetts Bay bounding north on the Di- visional Line between the said Province of Massachu- setts Bay and the Province of New Hampshire, south on the Divisional Line between the said Province of Massachusetts Bay and the Colony of Connecticut, be- ing fifty miles more or less, to bound on the west Twelve miles east of said Hudson's River or otherways. where the Dividing Line shall or may be established or settled between the said province of Massts. Bay and the province of New York, or the utmost limits of the said Massts. province, and to bound east on the afore- said Westfield River, being thirty-six miles in Breadth more or less, with all Rights, claims, and Rights and claims of any of the said Moh-huk-kunnuck River or Housatonnock Tribe of Indians," "only excepting and reserving for ourselves and our Heirs the town of Stockbridge, as granted and planted by a former Great. and General Court, and also a tract of land adjoining to the north part of said Stockbridge, bounding east on said Housatonic River, south on the north line of said Stockbridge, north on the south line of Pittsfield,
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CLAIMS UNDER INDIAN TITLE.
to run west to the province of New York, saving to the said Great and General Court, such tracts of land as have been heretofore granted within the last described tract or parcel of reserved land." And the twenty signers of the deed did, for themselves and their heirs, release to the General Court all their rights to any lands in the province, excepting the above described reserved land. (1)
By this deed the Indians relinquished all their rights to the Reservation in Sheffield and Egremont, and also to all lands in the county excepting the towns of Stockbridge, West Stockbridge, Richmond and a part of Lenox. In the lapse of years the deed above quoted had been forgotten, and the agreement made with the Indians, relative to the Reservation, at the time of the grant to them of the town of Stockbridge, had passed into a vague tradition.
In 1811, certain of the Indians, then residing in Oneida county, New York, conveyed to one John Gragg therights of the tribe to all lands in Berkshire county which had been leased by them or their ancestors, together with their rights to any lands in Stockbridge or Egremont.
In 1826, a party holding under Gragg, laid claim to certain lands-part of the Reservation-in Egremont, and no less than ten inhabitants of that town were in- duced to pay the sum of forty dollars each to release their lands from this claim. In later years these claims have been renewed. In 1865, the Indians, through their agent, Dr. M. M. Davis, of the Green Bay, Wis- consin, agency, presented a claim to the Governor of Massachusetts for reimbursement for the lands re- served in 1724, and asked an official examination, which was granted. A committee of the Legislature was ap- pointed to make the examination, and after a laborious research reported unfavorably to the Indian claim. This committee was satisfied, from the Legislative records of 1762-3, that a deed had been given by the Indians in 1763, but were unable to find the deed or any record of it.
(1) This deed is recorded in the Registry at Pittsfield, Book 2, page 172. By a note appended to the deed the consideration is reduced to £1,700.
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HISTORY OF GREAT BARRINGTON.
Again, in 1868, a suit was commenced against Mr. Seth Newman of Egremont, by parties claiming under the Gragg Indian title, to recover possession of a tract of land in Egremont, but the timely discovery of the record of the long forgotten deed of 1763, discomfited the plaintiffs in this case and brought their suit to an abrupt termination. (1) The claimants then turned their attention to the town of Stockbridge, and endeavored to gain a foot-hold there,-and make a test case,- by obtaining possession of the Old Indian Burying Ground,-so long protected and guarded with jealous care by the inhabitants of that town; they proceeded so far as to convey lumber on to the premises, with the intention, apparent or expressed, of erecting a building over the ashes of the aboriginal occupants. But aside from the legal bearing of the transaction, by this act of desecration the inhabitants of the town were aroused, and the principal or agent in the business was waited upon by the town authorities, and, with his building material, was speedily ejected from the prem- ises. This was the last, and probably the final at- tempt, to establish claims to lands under Indian titles in the county.
(1) The record of this deed was accidently discovered by the writer in February, 1867.
CHAPTER IX. GREAT BARRINGTON AS THE NORTH PARISH OF SHEFFIELD.
1742-1761.
The preceding chapters have, for the most part, been devoted to matters preliminary to the history of the town. We come now to the consideration of sub- jects pertaining more closely to that history. For a pe- riod of ten years,-(from 1733-the time of the incor- poration of the town of Sheffield-to 1743-the year in which the North Parish of Sheffield was formed-) that part of Great Barrington lying south of the Great Bridge was included in Sheffield; and from 1743 to 1761-a fact not now generally known-Sheffield, by an extension of its boundary lines, embraced the whole of the town of Great Barrington. The transactions from which these territorial changes resulted, will be detailed at length in the following pages.
The history of Great Barrington properly dates: from the incorporation of the North Parish of Sheffield, which was the primary step in the proceedings, which, -eighteen years later-resulted in the erection of the- Parish into a town with the name of Great Barrington. The Lower Township, as we have before stated, was. incorporated as the town of Sheffield in 1733. The Upper Township, largely reduced in area by the grant made to the Indians, extended from the Great Bridge to the present south lines of Stockbridge and West Stockbridge. This tract remained unincorporated; its inhabitants were destitute of any municipal regulations, and of any legal authority under which to manage their affairs as a community. The work of the committee for laying out and settling the township had been sus- pended, the time allotted for the performance of their
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HISTORY OF GREAT BARRINGTON.
duties had expired, the records of their proceedings were incomplete, and the settlers had as yet no legal evidence of title to the lands which they occupied.
A church had been organized at Sheffield, October 22d, 1735, of which the Rev. Jonathan Hubbard was at the same time, ordained pastor. The Indian Mission, which had been established in the Upper Township in 1734, had been removed to Stockbridge in 1736, and Stockbridge had been incorporated as a town in 1739. The inhabitants of the territory lying between Stock- bridge and the present north line of Sheffield, number- ing about thirty families and representing a population of, perhaps, two hundred persons, were without a minister or the stated preaching of the gospel, and were destitute of any religious teachings, excepting such as chance threw in their way, or as were afforded by the distant churches of Sheffield and Stockbridge, at which a few attended worship. For schooling, the children of the Upper Township were dependent upon private enterprise, and their advantages in this respect were very limited, whilst those dwelling below the bridge enjoyed such scanty privileges as were accorded them by the town of Sheffield, to which they belonged.
This condition of affairs was detrimental to the morals and welfare of the people, and a serious hin- drance to the prosperity and progress of the settle- ment. The exigencies of the situation demanded legis- lative action for the relief of the settlers; that they should be vested with town or parish privileges, with authority for levying taxes for the support of preaching and of schools, and with power to control and keep in check the lawless and dissolute.
It is probable that the inhabitants, as early as 1735, had agitated the subject of obtaining for themselves a parish or town organization, and that they were op- posed by the town of Sheffield, as it appears, from the Sheffield records, that that town voted, in November of that year, "to send a man to the General Assembly at Boston to prevent this town from being parted," and made choice of William Pynchon of Springfield to represent their case in the Legislature. It is also prob- able that Sheffield, at a later date, exercised some juris-
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PARISH PRIVILEGES GRANTED.
diction over the inhabitants of the Upper Township, and, either with or without legal authority, imposed taxes upon them; this we infer from the fact that Sheffield, on the 1st of January, 1741, voted to send a letter to Thomas Ingersoll, Esq., in Boston, to prevent the proceedings of the Upper Housatonic against the town of Sheffield, and also to desist from gathering rates in the Upper Propriety. But, however more or less frequently the situation of the inhabitants of Upper Housatonic may have been pressed upon the attention .of the Legislature, no action for their relief was obtained until 1742.
In December, 1741, the petition of John Williams, Hezekiah Phelps and others, (alluded to in a former chapter) was presented to the General Court. Acting, probably, upon this and other petitions, the court re- ferred the subject matter of the "Housatunock affair" to a committee whose report, soon after made, formed the basis of an order for the relief of the inhabitants. A part of this order has been considered in a preced- ing chapter; that part of it which pertains to our present subject is as follows :
"In the House of Representatives, January 13th, 1742. Upon reading the Report of the Committee on the Housatunock affair, ordered that the Report be so far accepted as that until the furthur order of this Court, the Inhabitants of the Upper Town- ship together with those on the tract of land lying between the said Upper Housatunock and the Indian Land (1) which tract of land is bounded as followeth viz., Beginning at the most North- westerly corner of the Indian Land in the west line of the town of Sheffield, running easterly on said Indian Land till it comes to a beach tree marked, near the mouth of Green River, then turning something northerly, and leaving to Sheffield & .small piece of meadow or Intervale of s'd Indian Land, till it comes to range the line and beach tree on the easterly side of s'd meadow or Intervale, and then to continue s'd line till it inter- sects the east line of Sheffield Propriety, (2) be and hereby are im- powered, by a major vote at a meeting or meetings properly called for that purpose, to raise money for the building of a convenient Meeting House for the Publick Worship of God, in such place on said land as they shall agree upon, and also, from time to
(1) "Indian Land"-the Indian reservation in Sheffield.
(2) The line here described, became the south line of the parish and afterwards of Great Barrington. It has never been ·changed by Legislative enactment.
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HISTORY OF GREAT BARRINGTON.
time, to agree with and support an able, learned and Orthodox: Minister to preach the word among them : The money to be as- sessed on each Right of the before described lands and other grants to them annexed in equal proportions, sufficient for the purposes afores'd to be paid by the proprietors ; in apportioning: of which the land granted to Captain John Spur shall be ac- counted equal to two rights ; of Coonraet Burghart's two hundred acres, lying on Green River, to be accounted half a right. The money to be assessed by a com'tee chosen by the proprietors, and to be collected by such person or persons, on oath, as the said proprietors shall thereunto appoint, in the same manner as; parish rates are or may by law be collected within this Province,. takeing for his or their warrant therein the order of said pro- prietors com'tee : Provided that nothing herein contained shall be construed to alter the right or interest of any proprietor in any of said lands."
The provisions of this order extended over the- whole of the territory afterwards embraced in the town of Great Barrington, and also included six hundred acres-lying between Egremont Plain and North Eg- remont-belonging to Captain John Spoor, which (as appears from state papers) he had purchased of the Indians about 1731, for the consideration of £30, New York currency, and a suit of clothes, and of which the General Court had made him a grant. Coonrod Burg- hardt's two hundred acres, lying in the extreme west part of Great Barrington, adjoined the Spoor grant.
Under the authority conferred by this act, the pro- prietors held their first meeting on the 8th of March, 1742, at the house of Daniel Nash (1) in the Upper Town- ship. Ephraim Williams, Esq., (2) of Stockbridge, was chosen moderator, and David Ingersoll clerk. It was then voted "to build a meeting-house for the public- worship of God, and to erect said house on the east side of the river, about thirty rods north easterly from Mr. Ingersoll's saw-mill, on the spot where some of the timber now lies or within five or six rods of said spot, -where a committee hereafter to be chosen shall appoint."
Coonrod Burghardt, David Ingersoll, Joseph Pixley,
(1) The house of Daniel Nash stood near where Samuel L. Dearing now lives, a few rods south of Pixley Brook, on the east side of the river.
(2) Ephraim Williams, supposed to have been the magistrate- who issued the warrant for this meeting.
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VOTE TO BUILD MEETING-HOUSE.
Daniel Nash, and Joseph Noble were chosen a com- mittee to determine upon the site, to take charge of the building of the house, and "to agree with some proper person or persons that shall appear to under- take the building of said house and to find all mate- rials and finish said house within and without. It was further voted "to raise the sum of one hundred and sixty-two pounds ten shillings, Bills of the last emission, for and towards the building said Meeting- House." Daniel Nash, John Williams and David In- gersoll were chosen assessors, John Pixley and Joshua Root collectors, and Moses Ingersoll treasurer. Daniel Nash, Coonrod Burghardt and David Ingersoll were appointed a committee to take care of the Minister's Right or land, to lease the same for the present year, for the benefit of the proprietors, "and to agree with those persons that have the same in possession." Joseph Noble, John Pixley and David Ingersoll were chosen a committee "to provide some suitable person or persons to preach the Gospel Word amongst us in order for his settlement in the ministry," and Ten Pounds Law- ful money was appropriated for that purpose. Pro- visions were made for the calling of future meetings, the warrants to be posted up at the house of Moses King, (1) the meetings to be held at the house of Daniel Nash.
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