Mother Earth: Land Grants in Virginia, 1607-1699Robinson, Walter Stitt
History
Mother Earth: Land Grants in Virginia, 1607-1699
Robinson, Walter Stitt
Land grants -- Virginia -- History; Virginia -- History -- Colonial period, ca. 1600-1775
At the time of the settlement of Jamestown in 1607 the area of
present-day Virginia was occupied by Indians of three linguistic stocks:
Algonquin, Siouan, and Iroquoian. Generally speaking, the Algonquins
which included the Powhatan Confederacy inhabited the Tidewater,
reaching from the Potomac to the James River and extending to the
Eastern Shore. The Siouan tribes, including the Monacans and the
Manahoacs, occupied the Piedmont; while the Iroquoian group, containing
the independent Nottoways and Meherrins, partially surrounded the others
in a rough semicircle reaching from the headwaters of the Chesapeake
through the western mountains and back to the coast in the region south
of the James River.
The presence of these tribes in the areas of proposed colonization
confronted the colonizers of the sixteenth and seventeenth centuries
with the same problem that has faced imperialists of a later date, the
question of "right and title" to land. The British, like other European
nations, did not recognize the sovereign right of the heathen natives
but claimed a general title to the area by the prevailing doctrine of
right by discovery and later by the generally accepted doctrine of
effective occupation. As stated in the charter to Sir Walter Raleigh in
1584 with essentially the same provision included in the first charter
of Virginia in 1606, the colonizers were authorized to occupy land "not
actually possessed of any Christian Prince, nor inhabited by Christian
People." Over the Indians the British maintained a "limited
sovereignty"; and when acknowledging any claim, they recognized only the
Indian's right of occupation and asserted the "exclusive right" to
extinguish this title which occupancy gave them.
In the first years of the colony not even these tenure rights were
recognized by the British. While a few gifts of land had been made by
the natives and one of these confirmed by the London Company, there was
no admission, either direct or by inference, that the Indians possessed
a superior claim to the land. When such an implication was made in a
land grant to Barkham in 1621, the company reacted with bitter
resentment. Governor Yeardley, striving to maintain peace with the
natives, made the grant conditional upon the consent of the Indian chief
Opechancanough. According to stated practice under the company, the
grant then had to be approved in England by a quarter court of the
company's stockholders. When Barkham's petition was presented for
ratification, the members of the court held the provision concerning the
Indian chief to be "verie dishonorable and prejudiciall" for it
infringed upon the company's title by acknowledging sovereignty in that
"heathen infidell."
Public-domain text, read in full here on John Shaqi.
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