The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-04-23
NILLIONSATS7AKE
\ Ownership Of Heart
of City Of Norwich
in Dispute.
i. GREAT LEGAL FIGHT
0Mohegan Indians Claim
Priceless Real Estate
Ps0perty.

" Tile Mohegan Indians will appeal to
u the sdprerne court of the United States
ITO Secure their rights. Lawyer Francis
9 M Morrison, general counsel for the
Mohegan Indians of Connecticut, in
~ Their petition to the legislature of that
astatea for authority to bring suit
against the state in the state courts,
has returned from conference in re-
gard to the measure, and will go to the
federal courts if his bill does not meet
"a With favorable consideration The IN
sdians claim that the heart of the pres
asent city of Norwich is over their royal
Hsburyihg ground, granted to them by
the United States government and
from which they have been unlawfully
disseized. The land in question is in
ftEIe Nery centre of the city, and its value
is. up in, the millions, so that tremend-
Gus Interests Will be affected by the re-
suit 7ue ses.s
4 L9a Thespetition itself which was argued
by Lawyer Morrison before the stae
Legislature, asks for authority to bring
g suit an 1.-THE corps against the state,
:, that bhe statue,of limitation should not
y be allowed to be pleaded by defendants
in any suit the Indians may bring, and
tIatothey have the right to maintain
their present suit in the superior court
sof New 1London county against one Sa-
Eah Hubbard and the city and town OF
Norwich1o1 3la4
G The Indians lay claim to 16 acres "
iFggsouth of Saehem street, and right
s aI 1f1 HfaNr. + ha IA allegation
aofngs that the land was decided to them
for burial purposes and that IT was
known in the earlier history OF the
country as the Royal burying ground
Of Encas.i AT the hearing six of the
Mohegan Indians who are prosecuting
the suit, were present with their coun-
-fYsei, Mi Morrison
a1 In opening Lawyer Morrison argued
THAI the Indians have been unfairly
setreated from almost time immemorlal.
ssfIe said they should be allowed to sue
=. in the state courts, and should be ex-
Tempt e defences allowed IN SUITS py
szgwhite people. ~
.stnThe strong point of Lawyer Morri-
pn'searsument was on the ground OF
e. evuneonstitutionality of the law ana
this point made a deep impression he
eolai3ned-to. the effect that the Indians
l44 Of Connecticut are not subject to the
statutes of Connecticut, and that the
81 se-caneds act of 1872, by which an IN
of sthe Indians was appointed is UNI
constitutional on the ground that II
proyfdes for limit of the time of tenure
of Office no accountability to any one
and that the act gave the commlssloli
movers of both judge and jury per
hitting them to confiscate property
and give it from one to another re-
CARELESS of the law and facts IN the
ease. bt-r ~ 49,
4 -, fav.iae on nlapPg
burial of the dead would apply. Inc
dedication of the monument to Uncas
was held through specific act. 1t was
constituted the royal burylng grouhu
by President Jackson in 1855 at Whlch
time a large portion OF ground now
covered tby. residences and streets was
granted as burying ground, and hlleu
with graves, yneadstones and markers
subsequently it is claimed that some
aof the grayestones have been useu III
s -#heaoelIars Of the houses, in the drains
--rof the eityssseWerage system, ana IN
the sidewalks and streets of the city
81 Streets houses and sidewalks. are all
gvon., ianCls decided the Indians IN lS55 as
an Indian cemetery, and when mas
9tbeens used as such ever since.
FL Further it is claimed that the Unit
b. ed states supreme court in the case OF
the New York Indians, recently decided,
ssheltii that those people were lndlails'
and the people in Connecticut are the
sladireCt descendants Oh OllSsl 1 ny O.
) also kim to Samson Orcum, the great
gIndian Fopreaeher, who graduated az
Dartmouth and aroused the nobility by
his eloquenee in his foreign tour for tne
enlightenment of the world upon lne
sllffeFingss of his race. Being OF KIN
-to, Qrcufn they are related to A. john
son, David Fowler and others, who mi
=. grated to New York in the last cen
: stlIry and formed anucleus of the broth-
erheed, tribe4of the Oneida Indians. ana
Tod rtf
yafurned east. and their children and
ehildren,s children are in Norwich, |
Montville and other portions OF New
England aag. v5 80.
.zens or subjects, are not to be de-
nri5led Of their lands and property, and |
that they have been dissefZed of this 81
!, ground in "a summary and unconsutu-
4ionsa manner, This quasi-judiciall
nom issien. of. 1872 made no return of
fAeir Guardianship, and neither were
othey aSes required to do They were
deprived by this commission of theirt
.riehtsya and. holdings without an oppor- |
fuhfty to be heard Again, in the
sauest Cns of property in claims where
she, amount exceeded $20,s they were al
sIeWed a. igry trial, but this, too, was
denied them. They were permitted no
trial of any kind or nature or man
The. petition of Mr. Morrison prays
K for liberty, that the Indians as subjects, |
denizens or whatsoever name they may
be entitled to. may go into court forl
Its construction of the law. The In
dams are allowed all the rights and
duties of other citizens. according to
the state laws, and subject to their
liabilities as we'll. If the law is what
thelcitsFTof Norwich and other defend
ants claim it to be in the suits entered,
the Indians. merely ask redress for
grievances and a trial in the courts.
In closing, Lawyer Morrison told the
Legislature that if the court did not
grant the petition. he would appeal to