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." 1

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 sagamores 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 Laws "2 that the people 1 Trumbull, History of Connecticut., vol. I, p. 236.

2 New York Historical Collections, vol. I.

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 requir ing 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 accrew 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.'

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 colour, 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

Statutes of Connecticut (1750), p. 110.

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.1

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 land 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 defence 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.2

RHODE ISLAND

When, in the spring of 1636, Roger Williams and his twelve companions, sad, weary, and hungry, succeeded in passing beyond the boundary of the Plymouth colony, they found themselves in the country of the Narragansett Indians. Here the simple story of their unhappy condition excited the pity of Canonicus, chief of the tribe, who granted them all that neck of land lying between the mouths of Pawtucket and Moshasuck rivers, that they might sit down in peace upon it and enjoy it forever." Here, as Williams observed to his companions, "The Providence of God had found out a place for them among savages, where they might peaceably worship God according to their consciences; a privilege which had been denied them in all the Christian countries they had ever been in.”

As Williams denied the right of the King to the lands, but believed it to be in the Indian occupants, and that the proper course to obtain it was by just and honorable purchase from them, the policy adopted was one of justice and equity.

It appears from certain statements in the "Confirmatory deed of

'Statutes of Connecticut (1750), p. 114.

2 Laws of Colonial and State Governments (1832), pp. 50-51.

Roger Williams and his wife" to his associates, December 20, 1638, that he had arranged for purchase of lands from the Indians one or two years in advance of his arrival in the territory. As an examina. tion of this deed is necessary to a clear understanding of Williams' first steps in this direction, it is given here:

Be it known unto all men by these presents, that I, Roger Williams, of the Towne of Providence, in the Narragansett Bay, in New England, having in the yeare one thousand six hundred and thirty-foure, and in the yeare one thousand six hundred and thirty-five, had severall treaties with Conanicusse and Miantonome, the chief sachems of the Narragansetts, and in the end purchased of them the lands and meadows upon the two ffresh rivers called Mooshassick and Wanasquatucket; the two said sachems having by a deed under their hands two yeares after the sale thereof established and conffirmed the boundes of these landes from the river and ffields of Pawtuckqut and the great hill of Neotaconconitt on the northwest, and the towne of Mashapauge on the west, notwithstanding I had the frequent promise of Miantenomy my kind friend, that it should not be land that I should want about these bounds mentioned, provided that I satisfied the Indians there inhabiting, I having made covenantes of peaceable neighborhood with all the sachems and natives round about us. And having in a sense of God's mercifull providence unto me in my distresse, called the place Providence, I desired it might be for a shelter for persons distressed of conscience; I then, considering the condition of divers of my distressed countrymen, I communicated my said purchase unto my loving ffriends John Throckmorton, William Arnold, William Harris, Stukely Westcott, John Greene, senior, Thomas Olney, senior, Richard Waterman and others who then desired to take shelter here with me, and in succession unto so many others as we should receive into the fellowship and societye enjoying and disposing of the said purchase; and besides the ffirst that were admitted, our towne records declare that afterwards wee received Chad Brown, William ffeild, Thomas Harris, sen'r, William Wickenden, Robert Williams, Gregory Dexter and others, as our towne booke declares. And whereas, by God's mercifull assistance, I was the procurer of the purchase, not by monies nor payment, the natives being so shy and jealous, that monies could not doe it; but by that language, acquaintance, and favour with the natives and other advantages which it pleased God to give me, and also bore the charges and venture of all the gratuetyes which I gave to the great sachems, and other sachems and natives round and about us, and lay ingaged for a loving and peaceable neighbourhood with them all to my great charge and travell. It was, therefore, thought by some loveing ffriends, that I should receive some loving consideration and gratuitye; and it was agreed between us, that every person that should be admitted into the ffellowship of injoying landes and disposing of the purchase, should pay thirtye shillinges into the public stock; and ffirst about thirtye poundes should be paid unto myselfe by thirty shillings a person, as they were admitted. This sum I received in love to my friends; and with respect to a towne and place of succor for the distressed as aforesaid, I doe acknowledge the said sum and payment as ffull satisffaction. And whereas in the year one thousand six hundred and thirtye seaven, so called, I delivered the deed subscribed by the two aforesaid chiefe sachems, so much thereof as concerneth the aforementioned landes ffrom myselfe and my heirs unto the whole number of the purchasers, with all my poweres right and title therein, reserving only unto myselfe one single share equall unto any of the rest of that number, I now againe in a more fformal way, under my hand and seal, conffirm my fformer resignation of that deed of the landes aforesaid, and bind myselfe, my heirs, my executors, my administrators and assignes never to molest any of the said persons already received or hereafter to be received into the societye of purchasers as aforesaid, but they, theire heires, executors, administrators and assignes, shall at all times quietly and peaceably injoy the premises and every part thereof.1

Rhode Island Colonial Records, vol. 1, pp. 22-24.

The confirmation by Canonicus and Miantonomi, March 24, 1637, is as follows:

At Nanhiggansick, the 24th of the first month, commonly called March, in ye second yeare of our plantation or planting at Mooshausick or Providence.

Memorandum, that we Cannaunicus and Miantunomi, the two chief sachems of Nanhiggansick, having two yeares since sold vnto Roger Williams, ye lands and meadowes vpon the two fresh rivers, called Mooshausick and Wanasqutucket, doe now by these presents, establish and confirme ye bounds of those lands, from ye river and fields at Pautuckqut, ye great hill of Notquonckanet, on ye northwest, and the town of Maushapogue on ye west.

As also, in consideration of the many kindnesses and services he hath continually done for us, both with our friends at Massachusetts, as also at Quinickicutt and Apaum or Plymouth, we doe freely give unto him all that land from those rivers reaching to Pawtuxet river; as also the grass and meadowes upon ye said Pawtuxet river. 1

It was a fortunate circumstance for this feeble colony that Canonicus was chief sachem of the district when the wanderers reached it, and that his life was spared to old age. Truly did he say, "I have never suffered any wrong to be offered to the English since they landed; nor never will." Winthrop and Williams recognized the fact that during the latter part of his life he kept the peace of New England. He alone of the several New England sachems seemed to comprehend the fact that a new age was coming in; that there was a power behind the few English settlers which would conquer in the end. Philip may have seen the danger which threatened his race, but had not the sagacity to adopt the course best for his people. His chief object was revenge, and all his energies were bent to this end, regardless of the result, which a shrewder chief would have foreseen. In some respects Canonicus showed greater foresight than Williams. But it is unnecessary to extend these remarks, which have been made simply to emphasize the fact that the policy and peace of the colony was due to these two perIt may be added here, however, that Williams' enthusiasm and confidence in his own integrity caused him to anticipate results that were not to be obtained, and made him, in his latter years, look upon the Indians with far less favor than when he first made his home among them.

sons.

Subsequently to the first deed above mentioned, Williams purchased the principal part of the county of Providence. Of the deeds of purchase of land from the Indians in the colony, the following may be cited as examples:

Deed from Ousamequin (Massasoit). 1646.

This testifyeth, that I Ousamequin chiefe Sachem of Paukanawket, for and in consideration of full satisfaction in wampum, cloth and other commodities received at present; doe give, grant, sell and make over unto Roger Williams and Gregory Dexter, inhabitants of Providence, together with all those inhabitants of Providence that hath or shall joyne in this purchase, with all my right and interest of all that parcell or tract of land which lies betweene Pawtuckqut and Loqusquscit, with all the meadowes, trees and appurtenances thereof, and after the ...

Rhode Island Colonial Records, vol. I, p. 18.