618 INDIAN LAND CESSIONS IN THE UNITED STATES [eth.ann.18 



of tliis settlement made a rule, about 1603, against private puicliases 

 of land from Indians — 



No purchase of lauds from the Iiuli;ins after the first day of March 1G64 sliall be 

 esteemed a good title without leave first had and oljtalned from the Goveruonr, and 

 after leave so obtained, the purchasers shall bring the Sachem and right owner of 

 such lands before the Goveruour to acknowledge satisfaction and payment for the 

 said lands, whereupon they shall have a {jrant 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 (Englisli) custom of requir- 

 ing tbe 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 

 l)erfect as the case would have admitted of at that time. 



In 1708 John Belden and others purchased a large tract between 

 Xorwalk and Danbury. 



These examples are snlHcient to show tlie ])olicy adopted by the 

 settlers of Connecticut in dealing with the Indians for their lands and 

 their practical methods in this respect. It is dear that they conceded 

 the right of possession to be in the natives, and that a just and humane 

 policy required them to purchase this i)ossession 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 i)urchases 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, pro- 

 hibiting 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 Lauds 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 lierchi/ Jtesulved. 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 

 Tresjiass on the Lauds 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 Indiana whatsoever, without the Leave of this Assembly hereafter 

 first had, and obtained, under colour, or pretence of such Indians being the Propri- 

 etors of said Lands by a Native Right; or shall having Purchased of any Indians 

 Lauds in such manner, without Leave of this Assembly afterwards first had, or the 



' statutes of Couuecticut (1760), p. 110. 



