Aboriginal title statutes in the Thirteen Colonies facts for kids
The laws about Native American land in the Thirteen Colonies were a very important topic for the colonial governments. Almost every colony, except for Delaware, made laws that said people could not buy land directly from Native Americans without the government's permission. When there were disagreements over land, they were usually solved by making new laws or sometimes by fighting. A very long court case called Mohegan Indians v. Connecticut (which lasted 70 years!) was the only time a court tried to decide who owned Native American land. However, the case was eventually dismissed without a final decision.
Native American land rights, also known as Aboriginal title, remained a big political and economic issue. It was even mentioned as one of the complaints in the Declaration of Independence. Despite this, the colonial land laws about Native Americans became the basis for how Native American land rights were handled in the United States after the American Revolutionary War and when the U.S. Constitution was written. The rule against private land purchases was later made into federal law by the Confederation Congress Proclamation of 1783 and a series of laws called the Nonintercourse Acts.
Land deals made before the American Revolutionary War continued to cause political and legal arguments long after the United States became independent. However, unlike land deals made after 1790, no Native American tribe has successfully won a lawsuit or received money for land deals made before 1790. Most people still believe that the colonial governments, and later the state governments, had the power to allow the sale of Native American lands within their borders.
British Law on Native American Land
The British King tried twice to control how Native American land was bought and sold in North America. These attempts were made through official announcements called Royal Proclamations: one in 1622 and another, more famous one, in the Royal Proclamation of 1763.
Colonial Land Laws
Connecticut
The Connecticut Colony (started in 1636) and the New Haven Colony (started in 1637) joined together in 1662.
Connecticut Colony Laws
In 1637, the Connecticut Colony sent soldiers to Pequot lands. They said they wanted to "maintain our right that God by Conquest hath given to us." Soon after, the colony decided that Native American leaders (called sachems) would be responsible if any Native American trespassed. The lands taken from the Pequot people were then given out "with lest prejudice to others."
At first, laws in Connecticut stopped people from renting land to or from Native Americans. A law against taking Native American property appeared in 1660. This rule was clearly extended to buying land in 1663. The rules became stricter in 1680 and again in 1687.
"Gold Hill" was the first Indian reservation in the colony. It was set up in 1659 and officially confirmed in 1678. Native Americans were also allowed to use public lands for hunting. In other cases, the colony helped solve land disagreements between different Native American groups. Other reservations were created for the Mohegans in New London in 1718 and others in 1726. These lands were protected from being taken by someone just using them for a long time. The Pequot lands also became a reservation before 1731.
The power to buy Native American lands was given to local towns in 1702. In 1706, the colony offered forgiveness to those who had bought land against the rules, as long as they told the truth about it. In 1717, the colony stated that "all lands in this government are holden of the King." This meant the King owned all the land. They also said that private land purchases could not be used as proof of ownership. A committee was set up to "settle this whole affair." The fine for breaking these rules was increased in 1722, and people had to pay three times the damages. If the government took land for public use (called eminent domain), no payment was given to the Native Americans.
New Haven Colony Laws
Before joining with Connecticut, the New Haven Colony also stopped people from buying Native American lands. They said it had to be done "in the name and for the use of the whole plantation." This meant for the whole colony's benefit.
Delaware
It seems that Delaware did not pass any specific laws about Native American lands.
Georgia
In 1758, Georgia passed a law that stopped private individuals from buying Native American lands. The law said that any attempt to buy land from Native Americans without permission from the King or the governor would be "null and void." This meant the deal would be completely invalid.
Maryland
In 1639, Maryland made laws against buying land from Native Americans and from non-English Europeans. The law said that no one could get land from any Native American for themselves or anyone else, except for the Lord Proprietor (the colony's owner). If someone broke this rule, they would lose the land to the Lord Proprietor.
This rule was renewed in 1649. Native American reservations were created in 1666. Their borders were changed in 1698 and made larger in 1711. The reservation borders were checked again in 1721. The Nanticoke reservation was ended in 1768.
Unlike many colonies, Maryland offered some legal help for Native Americans whose property rights were violated. In 1704, the colony said that non-Native Americans who took wood from Native American lands would be "liable to Action." This meant they could be sued for damages. Later, specific court processes were allowed for "Indian-English" disagreements. These included cases about trespassing on Native American lands, problems with renting Native American lands, and damage to Native American lands that had not been given to settlers.
Massachusetts
The Plymouth Colony (started in 1620) and the Massachusetts Bay Colony (started in 1628) joined together in 1691. After the two colonies combined, a new rule was made in 1701. It said that all land deals made with Native Americans since 1633 without permission from the government were "null, void and of none effect." This meant they were completely invalid.
The law did make some land titles valid, like those in Martha's Vineyard and Nantucket. It also validated titles that had been approved by the colony government. From then on, anyone who broke the law would be fined twice the value of the land and sent to prison for 6 months. In 1719, the Mashpee lands were made an exception, and their sale was allowed in 1777.
In 1723, the Hassanimscoe people were excused from paying property tax. In 1736, they were given a reservation that was 6 miles square. Its borders were changed several times in 1737 and 1739. Native American lands within the town of Edgartown on Chappaquiddick were protected for 3 years in 1774.
Plymouth Colony Laws
A Plymouth law from 1643 recognized the "constant custom" that no one had ever bought or rented land from Native Americans without the government's permission. The law stated that if anyone bought or rented land from Native Americans without the Court's approval, they would lose five times the value of the land plus five pounds for every acre.
In 1652, the colony made an exception to this rule for a short time. The colony later made some purchases valid even if they had broken this rule. In 1660, the rule was understood to also apply to gifts of land. In 1663, it was extended to just using the land. In 1668, the rule was applied to specific areas where groups of Native Americans lived. If a buyer could not pay the fine, the land would be taken by the colony.
In 1674, the colony set a one-year time limit for Native Americans to make claims to lands that were already owned by English settlers. They had to start and follow through with their claim within one year after they became adults. Native Americans were supposed to be told about this rule.
Massachusetts Bay Colony Laws
The Massachusetts Bay colony made its first rule against private purchases of Native American lands in 1634. It said, "No person whatsoever shall buy any land of any Indian without leave from the Court." The first law about recording land deals told Steven Winthrope to record, among other things, "all the purchases of the natives."
The Code of 1648 made the rule clearer: "No person whatsoever shall henceforth buy land of any Indian, without licence first had and obtained of the General Court." If someone broke this rule, the land they bought would be taken by the colony. In 1687, a fine of 10 pounds per acre was added.
In 1652, the colony recognized Native American land rights. A law stated that "what lande any of the Indians... have by possession or improvement... they have just right thereunto." It also said that if Native Americans adopted English ways, they would get land like the English. If Native Americans were forced off their "planting grounds or fishing places," they could get help in the English courts, just like the English.
In 1681, the Dedham Native Americans were limited to the towns of Nanticke, Punkapauge, and Wamesti. In 1685, the colony confirmed 5,800 acres of land to Native Americans in Marlborough and canceled any land deeds that went against this.
New Hampshire
New Hampshire made a less strict rule against private land purchases in 1641. It said that anyone who bought Native American land had to offer it to the town of Exeter first before using it for themselves. In 1677, the colony ordered the Piscataqua Native Americans to move. The colony's instructions to Edmund Andros in 1686 included directions to buy Native American lands.
New Hampshire made a more serious rule in 1687. It said that no one should try to buy, sell, or confirm any land with any Native American without getting permission from the governor first. If they did, they would be fined 20 pounds per acre, and the land deal would be completely invalid.
In 1719, more punishments were added, even for violations from 1700. These included losing the land, a fine equal to the value of the land, and 6 months in prison.
New Jersey
In May 1683, the colony allowed a Commissioner to buy lands from Native Americans and then sell them in smaller plots. In September 1683, the colony made a rule against private purchases. It said that no one should try to buy any land from Native Americans without special permission from the Governor and Commissioners.
Any purchase made against this rule would be "null and void" and would result in a fine of 5 shillings per acre. This rule was also included in the colony's instructions to Lord Cornbury. In 1703, the rule became more specific, including gifts, mortgages, or leases. The way to get permission changed, and the fine was raised to 40 shillings per acre. Also, buyers who broke the rule would never be able to claim ownership of the land in court.
In 1758, the colony set aside money for Commissioners to buy the land rights of Native Americans in the colony for the use of the landowners. The maximum amount was 1600 pounds, with no more than half going to the Delawares near Cranbury. Later, a court explained that in 1758, New Jersey bought Native American land rights. As part of the deal, they bought a piece of land for the Native Americans to live on. The state also passed a law saying this land would not be taxed. The Native Americans lived on this land until 1801, when the government allowed them to sell it.
New York
The leaders of New Netherland (which later became New York) passed a law in 1640 saying that citizens were responsible for damage to Native American crops. In 1652, the colony made a law to "dissolve, annul and make void all claimed or occupied purchases, sales, patents and deeds signed." This meant they canceled many previous land claims. However, earlier purchases were confirmed in 1670.
The General Assembly of New York made a rule against private purchases of Native American lands in 1684. It said that no land purchase from Native Americans would be considered valid without permission from the Governor. This permission had to be written down and recorded. The Native Americans also had to confirm they received payment, and this also had to be recorded. If all these steps were followed, the purchase would be valid.
North Carolina
North Carolina set its borders with the Meherrin Native Americans in 1729. In 1748, the colony passed a rule against private purchases that only applied to Tuscarora lands. It set a fine of 10 pounds for every 100 acres. The law stated that no one should buy any land claimed or owned by any Native American. All such deals were declared "null and void."
The colony allowed leases of Tuscarora lands in 1766.
Pennsylvania
The colony passed its first rule against private purchases of Native American lands in 1683. It said that if anyone tried to buy land from Native Americans without permission from the Governor, they would lose the land and pay a fine of 10 shillings per 100 acres.
The King's government canceled this law in 1683, but it was put back into effect the same year. A similar law was passed in 1700 and added to in 1730 with more specific rules.
In 1712, the colony passed laws to make land grants from the colony clear. These acts said that such grants were "free and clear" from all Native American claims and other claims.
In 1768, the colony made it illegal to break the Royal Proclamation of 1763. The punishment was very severe. In 1769, the punishment was changed to a 500-pound fine, 1 year in prison without bail, plus a payment to the poor.
Rhode Island
Early Rhode Island laws restricted Native Americans from certain areas. Later laws also continued this trend.
In 1651, the colony passed its rule against private purchases of Native American lands. It said that no land should be bought from Native Americans for a new settlement without the colony's permission. If anyone did, they would lose the land to the colony.
A 20-pound fine was added in 1658. The wording of the rule was made broader, and a 100-pound fine was added in 1727. The colony ended its rule against private purchases of Native American lands in 1759. Certain Native American leaders were stopped from selling land in 1763.
A 1663 law aimed to remember the "surrender of [the Narragansetts], their subjects and their lands" to the King's protection. The colony allowed the purchase of certain Narragansett lands in 1672. In 1696 and 1713, laws were passed to cancel the purchases of various Narragansett lands. Leases were allowed in 1718 and extended in 1738.
South Carolina
The colony created Palawanee Island as a reservation for the "Cusaboe" Native Americans in 1712. However, the colony took over Yamasee lands in 1716.
In 1739, the colony passed its rule against private purchases of Native American lands. It said that no one should buy, bargain for, or get any lands from any Native American in any way.
Virginia
Early colonial laws either removed Native Americans from lands or allowed settlers on Native American lands as needed. The first Native American reservations were created in 1649. A Totopotomoi reservation was confirmed in 1653. A "Wiccomocco" reservation was created in 1659. An "Accomack" reservation was created in 1660. A "Chickaominy" reservation was created in 1661 and 1662.
Rules against private purchases of Native American lands were passed in 1649, 1652, and 1656. A new rule was passed in 1752. The right to buy land first (called pre-emption) was given to Northampton County in 1654.
Laws to make land titles clear were passed in 1660 and 1676. Reservation borders were made stricter in 1705. Various sales and leases were allowed or confirmed later in the 1720s through the 1770s.
See Also
- Aboriginal title in the United States
- Aboriginal title in New York
|
