Memorial of the Niantic Indians

We, the subscribers, being mutually chosen by the tribe of Indians at Niantic in Lyme on the one part and Edward ChamplinJoseph Smith, etc., of said Lyme on the other part, to settle and determine a controversy subsisting between said parties respecting a piece of land lying in said Niantic, commonly known by the name of the Upper Hundred Acres, and is part of a large tract of land formerly granted to Joseph1 and Jonathan Bull of Hartford and by them conveyed to Nehemiah Smith, Esq., of Groton wherein said parties agree to be concluded as to the ancient bounds of said tract by our judgment on the bounds mentioned in said deed from said Joseph2 and Jonathan Bull to said Nehemiah Smith, and that the said land be then equally divided by us for quantity and quality, which settlement, when so made by us, the parties agree to stand by and acquiesce in, and shall put a final end to any further controversy respecting said lands and, having met at said Niantic on the 8th day of April 1762, the parties, being all present, we viewed said lands and heard all their talks and debates respecting said lands and agreed to bound and divide the said land as follows, viz., beginning on the west side at the head of the creek at a spring about one rod northwestward of Indian Jo’s house, from thence east 31o south one hundred and twenty rods a straight line across the neck to a point of rocks on Niantic Bay, said hundred acres lying on the north side of said line and bounded east on said Niantic Bay, north on said Champlin’s land and west on the brook which runs into the creek.

Which piece of land we divide between the parties by a straight line beginning at a cherry tree with stones about it, standing under the hill about thirty rods west from said Champlin’s dwelling house and about one rod east of a gate and bars going into Black Point, thence running south 3o west one hundred forty-eight rods to a heap of stones in the line above described, which divides the upper from the middle hundred acres and is about eleven rods westward from the point of rocks abovementioned,  The said Indians to have all the lands on the west side this line and the said Champlin, etc., to have all the land on the east side of said line, excepting and reserving to the Indians the perpetual use of their burying place, which is on that part of said tract to bury their dead.  And whereas the highway down to Black Point is on the Indians’ part of land in this division, we would signify that a proper allowance hath been made to them in this division therefor.  All which we have done according to our best judgment and skill, the rules of equity and justice, and to the general satisfaction of the parties,

Referees

Stephen Hempstead
Richard Wait         
Dated in Lyme, April 15, 1762 

Notation:

To the Honorable General Assembly of the Colony of Connecticut to be held at New Haven3 in and for said colony on the second Thursday of October4 instant, the memorial of us, the subscribers, being the major part of the Tribe of the Niantic Indians on the one part and the English proprietors in the Upper Hundred Acres of the Indian lands at Black Point in Lyme on the other part, humbly showeth that your memorialists mutually agreed upon a division of said lands and appointed the within named gentlemen to state the bounds according to the respective right of every party concerned, who accordingly proceeded heard the parties, viewed the land, etc., and delivered to us the within return of their doings thereon, which we acquiesce in and, therefore, pray Your Honors would confirm and establish in such manner as Your Honors shall judge proper, etc., and your memorialists shall, as in duty bound, ever pray, etc.

English proprietors:
 
Edward Champlin
 
Joseph Smith
Niantic Indians:
John Moheage, his mark
 
 
George Waukeet, his mark
 
Philip Occuish, his mark
 
Jacob Occuish [and/or Jacob Occuish], his mark
 
[ illegible ]
 
 
 
 
 
Dated in Lyme, October6 10, 1762

Notation:

A division of the Indian land at Niantic

Legislative Action:

In the Lower House, the prayer of this memorial is granted, etc. Test, Abraham Davenport, Clerk.  In the Upper House, the foregoing return of the gentlemen, subscribing thereto, mutually chosen by the parties therein mentioned, to determine the controversy between them referred to in the same, is approved of, established, and confirmed and ordered to be recorded.  Test, George Wyllys, Secretary. Concurred in the Lower House.  Test, Abraham Davenport, Clerk.  General Assembly, New Haven, October 2, 1762 /Thursday

 

No. 16 / Memorial of Niantic Indians / October7 1762 / Passed Lower House / No. 83  / Passed Upper House / October 31 a.m. / Report to be recorded / Entered

 Cataloguing:

124 a, 124 b

  • 1. Deleted Text: David
  • 2. Deleted Text: David
  • 3. Deleted Text: Hartford
  • 4. Deleted Text: May
  • 5. Deleted Text: Leathercoat
  • 6. Deleted Text: May
  • 7. Deleted Text: May