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Claiming the New World: Empire, Law, and Indigenous Rights in the Mohegan Case, 1704–1743

Abstract

In 1773, with the empire on the brink of revolt, the Privy Council gave the final ruling in the case of the Mohegan Indians versus the colony of Connecticut. Thus ended what one eighteenth-century lawyer called “the greatest cause that ever was heard at the Council Board.” After a decades-long battle for their rights, involving several appeals to the Crown, three royal commissions, and the highest court in the empire, the Mohegans' case against Connecticut was dismissed. The dispute centered on a large tract of land (~20,000 acres) in southeastern Connecticut, which, the Mohegans claimed, the colony had reserved for them in the late seventeenth century. Concerned that the colony had violated its agreements, the Mohegans, aided by powerful colonists with a pecuniary interest in this tract of land, appealed to the Crown for redress. As a result of this appeal, what had been a narrow dispute over land became part of a larger conflict between the Crown, the colony, and the tribe over property and autonomy in the empire.

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yirush@history.ucla.edu
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Jenny Pulsipher , Subjects unto the Same King: Indians, English, and the Contest for Authority in Colonial New England (Philadelphia: The University of Pennsylvania Press, 2005), 269

Anthony Pagden , “Dispossessing the Barbarian: The Language of Spanish Thomism and the Debate over the Property Rights of the American Indians,” in The Languages of Political Theory in Early Modern Europe, ed. Anthony Pagden (Cambridge: Cambridge University Press, 1987), 99119

Armitage , The Ideological Origins of the British Empire (Cambridge: Cambridge University Press, 2000), 97

James Tully's seminal articles: “Rediscovering America: The Two Treatises and Aboriginal Rights,” in Tully, An Approach to Political Philosophy: Locke in Contexts (Cambridge: Cambridge University Press, 1993), 137–76

“Placing the ‘Two Treatises’,” in Political Discourse in Early Modern Britain, eds. Nicholas Phillipson and Quentin Skinner , (Cambridge: Cambridge University Press, 1993), 253–80

Barbara Arneil , John Locke and America: The Defence of English Colonialism (Oxford: The Clarendon Press, 1996)

Stuart Banner , How the Indians Lost Their Land: Law and Power on the Frontier (Cambridge: Harvard University Press, 2005)

Martine van Ittersum , Profit and Principle: Hugo Grotius, Natural Rights Theories and the Rise of Dutch Power in the East Indies, 1595–1615 (Leiden: Brill Academic Publishers, 2006)

Lauren Benton , A Search for Sovereignty: Law and Geography in European Empires, 1400–1900 (New York: Cambridge University Press, 2009)

McHugh , Aboriginal Societies and the Common Law: A History of Sovereignty, Status, and Self-Determination (Oxford: Oxford University Press, 2004), 102

Richard S. Dunn , Puritans and Yankees: The Winthrop Dynasty of New England, 1630–1717 (Princeton: Princeton University Press, 1962), 340

Stanley Katz , Newcastle's New York: Anglo-American Politics, 1732–1753 (Cambridge: The Belknap Press of Harvard University Press, 1968), 8081

Shoemaker , A Strange Likeness: Becoming Red and White in Eighteenth-Century North America (New York: Oxford University Press, 2004), 17

“Wag the Imperial Dog: Indians and Overseas Empires in North America, 1650–1776,” in A Companion to American Indian History, eds. Philip J. Deloria and Neal Salisbury (Oxford: Blackwell Publishing, 2004), 4667

Countryman , “Indians, the Colonial Order, and the Social Significance of the American Revolution,” The William and Mary Quarterly 53 (1996): 342–62

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Law and History Review
  • ISSN: 0738-2480
  • EISSN: 1939-9022
  • URL: /core/journals/law-and-history-review
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