OCR Text |
Show 67 6 1 8 INDIAN LAND CESSIONS IN THE UNITED STATES [ET.I.ANN.18 of this settlement made a rule, about 1603, against private purchases of land from I n d i a n s - No purchase of lands from tho Indians after the first day of March 1604 shall be esteemed a good title without leave first had and obtained from the Governour and after leave so obtained, tho purchasers shall bring the Sachem and right owner of such lauds before the Governour to acknowledge satisfaction and payment for the said lands, whereupon they shall have a grant from the Governour and thepurchaso so made and prosecuted is to be entered upon record in the oflice aud from that time to bo 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 periecUis 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, aud 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 iu 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 (1040), 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: Aud 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 Iudiaii 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.1 Another act of the same tenor, entitled "An Act for preventing Trespass ou 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 tho Bouuds of this Colony, of any Indians whatsoever, without the Leave of this Assembly hereafter first had, and obtained, under colour, or pretence of such Iudians being the Proprietors of said Lands by a Native Right; or shall haviug Purchased of any Indians Lauds in such manner, without Leave of this Assembly afterwards first had, or the ' Statutes of Connecticut (1750), p. 110. |