Petition of Benjamin Brushell and Others for Right to Sell Land

To the Honorable General Assembly of the State of Connecticut to be Holden at New Haven on the First Wednesday of May A.D. 18501

The petition of Benjamin Brushel, Pually Mossock, Elizabeth Fowler, Mary Fowler, and Solomon Paul of the State of Wisconsin respectfully represent that they are members of the Mohegan Tribe of Indians, a tribe of Indians located in the Town of Montville, County of New London and State of Connecticut having removed or being descendants of those who removed long since to the State of New York2 and from thence to said State of Wisconsin, that they still retain their connection with said tribe and are so recognized by the tribe and the overseer of said tribe, that they are interested as equal members with those residing at said Montville in the funds and real estate of the tribe located in Montville and that they are also in certain real estate formerly the property of the whole tribe but which has been set off to them and their ancestors as their separate and individual estate. 

That by reason of their residence, at so great a distance from the vicinity of said tribe, and the expense attending a journey to said Montville to receive their share in the regular proceeds of the property of the Tribe, the delay, trouble, and the uncertainty attending the transmission of their several dues to them, their interest in the fund, and the tribe lands and their individual property as above set forth is of little value and nearly worthless to them.  They, therefore, ask Your Honorable Body to grant to them the right to sell and convey to the tribe or individuals of the tribe or other persons their interest as aforesaid, and that the overseer of said tribe be authorized to purchase in the name of the tribe said interest in said tribe lands and that some person may be authorized to execute a deed in the name of the petitioners of all their said  interest in said tribe lands and lands held as their individual property, or in some other way to grant relief.

And your petitioner as in duty bound will ever pray, 

Benjamin Brushel
Pually Mossuck
Elisabeth Fowler
Mary Fowler
Solomon Paul
Avery L. Samson, Attorney

Dated at Montville, April 16, 1850

By authority of the State of Connecticut you are hereby commanded to summon the Mohegan Tribe of Indians located and being situated in the Town of Montville or to appear before the General Assembly of the State of Connecticut to be holden at New Haven on the first Wednesday of May A.D. 1850 on Tuesday of the second week of the session3 thereof to shew cause why the prayer of the foregoing petition shall not be granted and you are to leave a true and attested copy of the foregoing petition and of this citation with John G. Fitch, the overseer of said Tribe Indians, at least twelve days before the day mentioned for the appearance before said legislature to the end that the same may be fully known to said tribe.

Fail not but lawful service and return make,

Robert Comstock, Justice of the Peace
Dated at Montville, April 16, 1850

State of Connecticut, County of New London

I then left a true and attested Copy of the within petition with citation and summons at the usual place of abode of John G. Fitch, the within named overseer.  

Attest, Joseph Pierce, an indifferent person to serve and return
Montville, April 17, 1850

Legislative Action:

Petition of Benjamin Brushel and others for right to sell lands / Number 159 / Entered, May Session, 1850, Hiram Weed, Secretary of State / Senate, May 9, 1850, Referred to Joint Standing Committee on Sale of Lands, Henry. I. Fuller, Clerk / House of Representatives, May 14, 1850, House Concurs with Senate, Edward S. Cleveland, Assistant Clerk / Senate, May 28, 1850, Leave to withdraw, Henry I. Fuller, Clerk / House of Representatives, June 3, 1850, Leave to withdraw, Edward S. Cleveland, Assistant Clerk



  • 1. The first Wednesday of May 1850 was May 1st.
  • 2. That is, to the Brothertown community in Oneida Country
  • 3. The Tuesday of the second week of the May 1850 session of the General Assembly is May 7th.