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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 CC 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
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
examination 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 year one thousand six hundred and
thirty-four, and in the year one thousand six hundred
and thirty-five, had several 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 fresh rivers called Mooshassick and
Wanasquatucket; the two said sachems having y a deed
under their hands two years after the sale thereof
established and confirmed the bounds of these lands from
the river and fields 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 covenants of peaceable
neighborhood with all the sachems and natives round
about us. And having in a sense of God's merciful
providence unto me in my distress, called the place
Providence, I desired it might he 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 friends
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
society enjoying and disposing of the said purchase; and
besides the first that were admitted, our towne records
declare that afterwards wee received Chad Brown, William
Feild, Thomas Harris, sen'r, William Wickenden, Robert
Williams, Gregory Dexter and others, as our towne book
declares. And whereas, by God's merciful 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 y that language,
acquaintance, and favor with the natives and other
advantages which it pleased God to give me, and also
bore the charges and venture of all the gratuities which
I gave to the great sachems, and other sachems and
natives round and about us, and lay engaged for a loving
and peaceable neighborhood with them all to my great
charge and travel. It was, therefore, thonght by some
loving friends, that I should receive some loving
consideration and gratuity; and it was agreed between
us, that every person that should be admitted into the
fellowship of enjoying lands and disposing of the
purchase, should pay thirty shillings into the public
stock; and first about thirty pounds should be paid unto
myself by thirty shillings a person, as they are
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 full satisfaction. And whereas in the
year one thousand six hundred and thirty seaven, so
called, I delivered the deed subscribed y the two
aforesaid chief sachems, so much thereof as concerned
the aforementioned lands from myself and my heirs unto
the whole number of the purchasers, with all my powers
right and title therein, reserving only unto myself one
single share equal unto any of the rest of that number,
I now again in a more formal way, under my hand and
seal, confirm my former resignation of that deed of the
lands aforesaid, and bind myself, my heirs, my
executors, my administrators and assigns never to molest
any of the said persons already received or hereafter to
be received into the society of purchasers as aforesaid,
but they, their heires, executors, administrators and
assigns, shall at all times quietly and peaceably enjoy
the premises and every part thereof.1 |
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 year of our plantation or planting at Mooshausick
or Providence.
Memorandum, that we Cannaunicus and Miantunomi, the two
chief sachems of Nanhiggansick, having two years since
sold unto Roger Williams, ye lands and meadows upon the
two fresh rivers, called Mooshausick and Wanasqutucket,
doe now by these presents, establish and confirm ye
bounds of those lands, from ye river and fields at
Pawtuckqut, 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 bath 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 meadows upon ye said Pawtuxet river.2 |
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 beret 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 persons. It 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.
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 chief 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 join in this purchase,
with all my right and interest of all that parcel or
tract of land which lies between Pawtuckqut and
Loqusquseit, with all the meadows, trees and
appurtenances thereof, and after the And I doe hereby
bind myself, my heires and successors, to maintain all
and every of their peaceable enjoyment of the aforesaid
lands from any other claime or bargain whatsoever. And I
do hereby authorize Saunkussecit alias Tom of
Wauchimoqut to mark trees and set the bounds of the land
aforesaid in case that great meadow at or about
Loqusqusitt fall not within the bounds aforesaid, yet it
shall be for them to enjoy the said meadow forever.3
Deed from the successors of Canonicus and Miantonomi,
1659.This he known
to all that it may concern, in all ages to come, that I
Caujaniquaunte, sachem of the Narragansetts, ratify and
confirm to the men of Providence, and to the men of
Pawtuxcette, their lands, and deed, that my brother
Meantonomeah made over and disposed to them, namely, all
the lands, between Pawtuckette. river and Pawtuxcette
river, up the streams without limit for their use of
cattle.4 |
This was acknowledged and confirmed by the other sachems
interested.
Deed to the Island of
Aquedneck (Rhode Island), March 14, 1637.
MEMORANDUM. That we Cannonnicus and Miantunnomu ye two
chief Sachems of the Nanhiggansitts, by virtue of our
general command of this Bay, as also the particular
subjecting of the dead Sachims of Acquednecke and
Kitackamuckqutt, themselves and land unto us, have sold
unto Mr. Coddington and his friends united unto him, the
great Island of Acquednecke lying from hence Eastward in
this Bay, as also the marsh or grass upon Quinunicutt
and the rest of the Islands in the Bay (excepting
Chibachuwesa formerly sold unto Mr. Winthrop, the now
Governour of the Massachusetts and Mr. Williams of
Providence).5 |
January 12, 1642, Miantonomi sold to the inhabitants of Shawomot
(Warwick): "Lands lying upon the west side of that part of the sea
called Sowhomes Bay, from Copassanatuxett, over against a little
island in the said bay, being the north bounds, and the utmost point
of that neck of land called Shawhomett; being the South bounds from
the sea shore of each boundary upon a straight line westward twenty
miles."
As the salve system of dealing with the Indians prevailed in the
Rhode Island as in the Providence settlement, and also in the colony
after the union of the two, the above examples will suffice to show
the practical methods adopted in carrying out their policy. This
method of obtaining the Indians' right was carried on until
practically all the lands included in the state as at present
bounded were obtained.
It would seem from some laws which were passed at a comparatively
early date, that the vicious practice of individual purchases began
to make its appearance in the otherwise prudent and commendable
policy. These orders or laws were passed for the purpose of putting
a stop to this practice.
The first of these found on the record was passed in 1651, and is as
follows:
Ordered; That no
purchase shall be made of any Land of ye natives for a
plantation without the consent of this State, except it
be for the clearing of the Indians from some particular
plantations already sett down upon; and if any shall so
purchase, they shall forfeit the Land so purchased to
the Collonie, as also the President is to grant forth
prohibition against any that shall purchase as
aforesayd.6 |
This proving insufficient to put an end to the practice, an
additional act (or "order,') was passed in 1658, as follows:
Whereas, there hath been
several purchases of land made from the Indians by men
within the precincts of this Collony, which, for want of
a law thereabout in the colony, cannot be now made void
or hindered, as namely, the purchase of Quononicutt
Island, and the island called Dutch Island, which hath
been made by William Coddington and Benedict Arnold, and
many others joined by covenants with them thereabouts
cannot now bee made void, but must be and are allowed
and confirmed as lawfull as purchased from the Indians
if it were not bought before; as also any other
purchases made by others as aforesayd formerly. Yet to
prevent the licke purchasing hereafter from the Indians;
it is ordered, by the authority of this present
Assembly, that no person, stranger or other, shall make
any further purchases of lands or Islands from the
Indians within the precincts of this Collony, butt such
only as are soe allowed to doe, and ordered therein by
an express order of a court of commissioners, upon
penalty of forfeiting all such purchased lands or
Islands to the Collony, and to pay besides, a fine of
twenty pound to the colony in case of transgressing this
order.7 |
As examples of the orders granting permission to purchase under
the aforesaid acts, the following are taken from the proceedings of
1657:
Whereas, we have a law
in our colony, dated November the 2d, 1658, that lice
person within the precincts of this colony shall bud or
purchases any land of the Indians without license of
this General Court; and whereas, there is a place for a
plantation in the bonds of this Collony, about a place
so called Nyantecutt: It is ordered, that the Court
appointed one man in each Towne of this Collony to
purchases the aforesayd land of Ninecraft, who are,
viz.: Mr. Ben: Arnold, Mr. Arthur Fenner, Mr. William
Baulston, and Capt. Randall Houlden, and that it be
disposed to such as have need of each towne of this
colony; they paying sufficiently for it to such as are
appointed to purchase it, or otherwise to be ordered, as
each town appoint.
It is ordered, that Providence shall have liberty to buy
out and clear off Indians within the bounds of
Providence, as expressed in their towne evidence, and to
purchases a little more in case they wish to add, seeing
they are straytened, not exceeding three thousand acres
joining to their township.8 |
Also June 17, 1662:
The Court doe grant free
liberty and leave to the petitioners and their said
associates to make purchase of the natives within this
jurisdiction, and to buy of them that are true owners, a
tract of land lying together, and not exceeding four
thousand ackers; always provided, it bee such land as is
not already granted, or annexed to any of the townships
of the Collony y purchase or other lawfull meanes, nor
that it be land already purchased and justly claimed y
any other perticular persons, freemen of the Collony or
there successors.9 |
In 1696 an act was passed to prevent intrusion upon the lands of
the Narragansetts. It provided "that all possessions of any lands in
the Narragansett country obtained by intrusion, without the consent
and approbation of the general assembly, be deemed and adjudged
illegal and void in law." The Indians were made wards of the
legislature, and their lauds wholly subject to its control. From
1709 onward the assembly was frequently called upon to exercise its
authority for their protection and relief. Commissioners were from
time to time appointed to oversee and lease their lands. As time
went on. there was some change in the mode of management; laws
prohibiting the purchase of lands were repeated, and the
guardianship of the legislature was kindly exercised for these
natives as their numbers continued to dwindle.
Evidences of the method followed by the people of this colony might
be multiplied, but what has been given is sufficient to show that
the policy was a just and humane one, that was seldom if ever marred
by official acts of injustice in this respect.
1 Rhode Island Colonial Records, vol. i, pp.
22-24.
2 Rhode Island Colonial Records, vol. i, p. 18.
3 Rhode Island Colonial Records, vol. I, pp. 31-32.
4 Ibid., p. 35. I
5 Ibid., p. 45.
6 Rhode Island Colonial Records, Vol. I, p. 236
7 Ibid., pp.403-404
8 Ibid., p. 418
9 Ibid., p. 484
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First annual Report of the Bureau of Ethnology,
1879-80
Indian
Land Cessions in the United States
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