Era 3: The Establishment of Ownership (1632-1783)

Several European nations claimed land in North American by "right of discovery." During this era Europeans initially traded with local Indigenous peoples (trade for furs contributed to many conflicts).  Eventually, as large populations of European settlers arrived, they sought to acquire land, and eventually fought with Indigenous peoples (and each other) for control of new territories.

Although attempts were made to deal fairly with Indigenous People when acquiring land rights (such as exchanging goods for land), several other approaches amounted to outright thievery. As the process of land acquisition continued, the Indigenous People lost their lands in seven different ways:

• By decree. (Also known as "colonial precedence" or "eminent domain"). Once taken, the land would be surveyed and granted to settlers. This taking by decree of Indigenous land is best described by Pilgrim lawyer/governor John Winthrop, who wrote in his papers that: "As for the Natives in New England, they enclose no Land, neither have any settled habitation, nor any tame Cattle to improve the Land, and so have no other but a Natural Right to those countries, so as if we leave them sufficient for their use, we may lawfully take the rest."

NOTE: Using this policy, a state could seize land so that it could be "better used." These decrees did not take into account the land usage patterns of Indigenous People. (For instance, Passamaquoddy sustenance migration patterns created "vacant" land that was, in the colonist's minds, "free" to be claimed). Europeans did not "migrate"; they "settled." The Europeans wanted to "own" land; the Indigenous People simply wanted to use it seasonally for sustenance -- as they always had. 

• By squatting. Settlers from England, who had already paid hefty fees for travel to the colonies, found Indigenous arable land and squatted on it after arrival. (Roger William, who had been banned from the Massachusetts Bay Colony [and had founded Rhode Island], had openly disputed the right of Puritans in the Massachusetts Bay Colony to occupy Indigenous land without first purchasing it.
• By right of conquest. For instance: the Passamaquoddy had backed the French in the intercontinental wars, including the French & Indian War (in which France lost claim to all its Canadian and Acadian provinces). According to the British victors, the Passamaquoddy, by extension, due to their alliance with France, forfeited their land as conquered people.
• Through treaties. (Treaties could enable Indigenous Peoples to cede land in exchange for promised actions and protected sovereign boundaries within a state).
• Through abandonment/surrender/displacement. For instance, on Cape Cod, the Nauset tribe had been reduced from about 8,000 people to only 1,250 by 1700. These people were converted to Christianity and moved to the Mashpee reservation – thus surrendering a large portion of their native homeland to the Massachusetts Bay Colony.
• Through attempted assimilation/imprisonment. From 1646 to 1675, Puritans in New England (as well as settlers in Quebec, Ontario, and New York) moved Indigenous People into "praying towns" where they could be confined and contained. The ultimate goal of these 14 experimental towns was to assimilate Indigenous People as Christians. At the start of King Philip's War (1675), fear gripped settlers throughout New England. At first, Indigenous People in praying towns were restricted from visiting their farms (cutting off their food supply) – and ultimately disbanded. Some Indigenous Christians could flee to safety to other tribes, but others were taken to desolate locations where they were left with little food and shelter. 400 Nipmuc men were taken to Long Island, where many suffered and died from exposure. In Boston, 500–1000 Indigenous Christians were forced to live in internment camps on harbor islands (including Deer Island), where hundreds died of starvation and exposure.

Overlapping land claims, land disputes with and amongst Indigenous Peoples, European wars that extended to North America, and religious differences all contributed to an ongoing series of wars for a period of almost 150 years).  

Beginning in 1641, a series of trade and territorial battles/wars were fought between Indigenous tribes to establish/protect fur trade monopolies. These became known as the “Beaver Wars.”

The Beaver Wars were followed by seven major European vs. European wars (imperialistic wars to build empires) and European vs. Indigenous wars (wars to establish territorial borders). These were primarily fought between 1675 and 1759 and included:

1. King Philips War (1675-1678);

2. King Williams War (1688-1699);

3. Queen Anne's War (1703-1713);

4. Dummer's War (or “Father Rale’s War,” 1721-1726);

5. King George's War (1745-1749); 

6. Father Le Loutre’s War (1749-1755); and,

7. French and Indian War (a.k.a. The Seven Years War) (1755-1759).

In the Northeast the primary combatants were the English and their Indigenous allies versus the French and their Indigenous allies.  Further south, the Dutch and Swedish eventually surrendered their claims...  France surrendered its claim to North America (east of the Mississippi) in 1763 (with the loss of the French and Indian War). Ultimately, the British ceded their Eastern North America holdings (not including Canada) to the newly formed United States in1783 (the conclusion of the American Revolution).  With this American victory, the "ownership" issue was finally settled.

The battles and wars (known as the "Frontier Wars") fought in Maine between the English and the French (and their respective allies) are chronicled in “Indian Wars of New England" by Herbert Milton Sylvester. This three-volume set describes battle-by-battle, engagement-by-engagement conflicts between the English, French and Indigenous People over land and trade rights. These volumes describe the motivations behind the hostilities, the participants, the brutality – and the ultimate conquest by the English (British).  

Michael Dekker's book entitled “French and Indian Wars in Maine” also provides an excellent, in-depth description of these wars – with a strong Maine focus.