Montauk Point land claim
Encyclopedia
Stephen Talkhouse
Stephen Talkhouse was a Montaukett Native American of the late 19th century who was famed for his 25-50 mile daily round trip walks from Montauk, New York to East Hampton and Sag Harbor...
who died in the same year (1879) that the tribe lost the last remaining vestige of their territory in the New York state courts, claiming Montauk Point
Montauk Point State Park
Montauk Point State Park is located in the hamlet of Montauk, at the eastern tip of Long Island in the Town of East Hampton, Suffolk County, New York. Montauk Point is the easternmost extremity of the South Fork of Long Island, and thus also of New York State...
on behalf of the Montaukett
Montaukett
The Montaukett is an Algonquian-speaking Native American group native to the eastern end of Long Island, New York and one of the thirteen historical indigenous centers...
Indians, against the Long Island Rail Road
Long Island Rail Road
The Long Island Rail Road or LIRR is a commuter rail system serving the length of Long Island, New York. It is the busiest commuter railroad in North America, serving about 81.5 million passengers each year. Established in 1834 and having operated continuously since then, it is the oldest US...
and its predecessors in title.
The first suit, Montauk Tribe of Indians v. Long Island R.R. Co., brought by Wyandank Pharaoh in the name of the tribe, was dismissed because the tribe had not been explicitly authorized by the state to sue in its own name.
As recommended by the Appellate Division's opinion, the second suit, Johnson v. Long Island R.R. Co., was brought in the name of Eugene M. Johnson, a citizen and tribal member. The New York Court of Appeals disavowed the previous dicta of the Appellate Division, and held that neither an individual Indian nor a tribe could sue in court without enabling legislation.
The tribe failed in its efforts to convince the federal government to pass legislation enabling the tribe to bring the claim in federal court. In 1906, the state passed a statute enabling the tribe to sue, and Wyandank Pharaoh brought a third suit, Pharaoh v. Benson, in the name of the tribe. Reaching the merits, the New York courts held that the tribe no longer existed and that the transactions were valid.
Background
Circa 1875, the Montauk tribe began renting out Montauk Point for pasturage through the Proprietors' Company; the company took possession of the grazing allotments, and paid the tribe an annuity. Circa, 1880, the shareholders of the company disagreed over whether the lands should continue to be leased, or whether they should be re-apportioned. In 1878, Robert M. Grinnell sued Edward M. Baker et al. for partition and division of the allotments. In Grinnell v. Baker (unreported), the court ordered the lands sold at public auction (subject to the Montauk claim), with the proceeds distributed equally among the non-Indian lessees, rather than the Montauk tribe.The auction took place at the home of Jehial Parsons. Arthur W. Benson
Arthur W. Benson
Arthur W. Benson was a president of Brooklyn Gas Light who developed the New York City suburbs of Bensonhurst and Montauk.Benson founded the Brooklyn Gas Light company in 1823, when Brooklyn had 9,000 people....
bought the 11000 acres (44.5 km²) at auction for $151,000 in 1879. In turn, Benson sold 5000 acres (20.2 km²) of the land to the Long Island Rail Road
Long Island Rail Road
The Long Island Rail Road or LIRR is a commuter rail system serving the length of Long Island, New York. It is the busiest commuter railroad in North America, serving about 81.5 million passengers each year. Established in 1834 and having operated continuously since then, it is the oldest US...
for $600,000.
Benson hired Nathaniel Dominey to negotiate the removal of the Montauks still living on the reservation. At a later, Senate Sub-Committee hearing, Dominey testified that eight Indians remained on the reservation at the time, including: future Chief Wyandank Pharaoh (10 years old at the time), his mother, and two of her brothers. Later, Dominey experienced a change of heart and cooperated with the Montauks in their claim, and turning over his letters from Benson. Dominey testfied that he compensated Wyandank Pharaoh's mother with a $100 semi-annual annuity and two houses, to be inherited by Pharaoh, $80 each to her two brothers, and $10 to Wyandank.
Arthur Benson had viewed Montauk as "his private playground"; after his death, his son approached Austin Corbin
Austin Corbin
Austin Corbin was a 19th-century American railroad executive and robber baron. He consolidated the rail lines on Long Island bringing them under the profitable umbrella of the Long Island Rail Road....
, President and controlling shareholder of the Long Island Rail Road
Long Island Rail Road
The Long Island Rail Road or LIRR is a commuter rail system serving the length of Long Island, New York. It is the busiest commuter railroad in North America, serving about 81.5 million passengers each year. Established in 1834 and having operated continuously since then, it is the oldest US...
, and Charles Pratt
Charles Pratt
Charles Pratt was a United States capitalist, businessman and philanthropist.Pratt was a pioneer of the U.S. petroleum industry, and established his kerosene refinery Astral Oil Works in Brooklyn, New York. An advertising slogan was "The holy lamps of Tibet are primed with Astral Oil." He...
, of Standard Oil
Standard Oil
Standard Oil was a predominant American integrated oil producing, transporting, refining, and marketing company. Established in 1870 as a corporation in Ohio, it was the largest oil refiner in the world and operated as a major company trust and was one of the world's first and largest multinational...
, about the possibility of voiding his fathers will and opening Montauk to development. Montauk Point was purchased by Corbin and Pratt in 1895.
On October 30, 1895, Chief Wyandank Pharaoh returned from a research trip to Brooklyn and Washington, D.C. to gather evidence to pursue a claim. Pharaoh declared his intentions to undertake a hunting trip on the disputed land and initiate a lawsuit if he was interfered with.
The New York Times blamed Chief Pharaoh for the dispute:
If King Wyandank Pharaoh of the Montauk Tribe of Indians had not given for $10 the living members of the Montauk tribe might now be wealthy, instead of being poor and fighting for their rights with a desperate hope of regaining at least part of what they claim to be their lawful heritage.
Montauk Tribe of Indians v. Long Island R.R. Co. (App. Div. 1898)
Supreme CourtChief Talkhouse, on behalf of the tribe, filed suit, stating a cause of action for ejectment
Ejectment
Ejectment is the common law term for civil action to recover the possession of and title to land. It replaced the old real actions as well as the various possessory assizes...
on February 5, 1897. For proof of tribal status, the tribe cited a partition action decided by Judge Dykman and the 1890 United States Census. The complaint valued the land at approximatley $300,000.
On June 5, 1897, Judge Wilmot Moses Smith
Wilmot Moses Smith
Wilmot Moses Smith was an American jurist and songwriter. He was on the New York Supreme Court, but is perhaps more famous for co-writing "Far Above Cayuga's Waters", Cornell University's alma mater....
of the New York Supreme Court
New York Supreme Court
The Supreme Court of the State of New York is the trial-level court of general jurisdiction in thestate court system of New York, United States. There is a supreme court in each of New York State's 62 counties, although some smaller counties share judges with neighboring counties...
set a hearing date for June 19 in Patchogue to hear the oral arguments for the defendants' demurrer
Demurrer
A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word demur means "to object"; a demurrer is the document that makes the objection...
. The matter was transferred to Judge Samuel T. Maddox in Brooklyn. Judge Maddox granted the demurrer, dismissing the action but allowing the tribe to re-plead if they paid costs.
Appellate Division
The Montauk's, represented by ex-judge George M. Curtis
George M. Curtis
George Martin Curtis was a two-term Republican U.S. Representative from Iowa's 2nd congressional district.Born near Oxford, New York, to John S. and Elizabeth Curtis, Curtis moved to Ogle County, Illinois, in 1856 with his parents, who settled on a farm near Rochelle, Illinois...
, filed a notice of appeal on December 22, 1897. Before the Appellate Division, the Montauk's case was argued by Leman B. Treadwell, with Francis M. Morrison (both Boston lawyers) also on the brief. Alfred A. Gardner argued on behalf of the LIRR, with William J. Kelly on the brief. The Appellate Division panel consisted of Judges Goodrich, Edgar M. Cullen
Edgar M. Cullen
Edgar Montgomery Cullen was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1904 to 1913.-Biography:...
, Willard Bartlett
Willard Bartlett
Willard Bartlett was an American jurist. He was Chief Judge of the New York Court of Appeals.-Biography:...
, Hatch, and Woodward.
The Appellate Division of the Second Department unanimously affirmed the judgment of the Suffolk Special Term on April 19, 1898. Citing Strong v. Waterman and Seneca Nation of Indians v. Christy
Seneca Nation of Indians v. Christy
Seneca Nation of Indians v. Christy, 162 U.S. 283 , was the first litigation of aboriginal title in the United States by a tribal plaintiff in the Supreme Court of the United States since Cherokee Nation v. Georgia , and the first such litigation by an indigenous plaintiff since Fellows v....
, Judge Cullen noted that "no provision had been made by law for bringing ejectment to recover possession of [Indians]" and "as a body or tribe, the Indians have no corporate name by which they can institute such a suit." Judge Cullen suggested that the tribe either petition the legislature for enabling legislation to allow them to sue as a tribe, or to have individual members bring the suit.
Johnson v. Long Island R.R. Co. (N.Y. 1900)
Supreme CourtEugene M. Johnson, a U.S. citizen of Montauk descent, and a member of the tribe since birth, brought a similar suit in his own name, on behalf of himself and other similarly interested. The Special Termsustained a demurrer.
Appellate Division
The divided panel of the Appellate Division of the Second Department reversed on July 1, 1899. In a per curiam opinion, joined by all but Judge Willard Bartlett
Willard Bartlett
Willard Bartlett was an American jurist. He was Chief Judge of the New York Court of Appeals.-Biography:...
, the Appellate Division held:
While the right to maintain this action in its present form is not free from doubt, still, as it is brought in accordance with the view expressed by us on the prior appeal, we think we should adhere to our former decision, and allow the question to be finally determined by the court of appeals.
Court of Appeals
The Appellate Division certified three questions to the Court of Appeals:
1. Has the plaintiff in this action legal capacity to sue?
2. Is there a defect of the parties plaintiff in this action, in that the members of the alleged Montauk Tribe of Indians are not made parties plaintiff?
3. Does the complaint herein state facts sufficient to constitute a cause of action?
Before the Court of Appeals, Treadwell and Morrison again argued for the Montauks, while Gardner and Kelly again argued for the LIRR.
The New York Court of Appeals
New York Court of Appeals
The New York Court of Appeals is the highest court in the U.S. state of New York. The Court of Appeals consists of seven judges: the Chief Judge and six associate judges who are appointed by the Governor to 14-year terms...
reversed the Appellate Division, and affirmed the Special Term, on April 17, 1900. The court answered all three certified questions in the negative, without costs to either party. Judge Edward T. Bartlett
Edward T. Bartlett
Edward Theodore Bartlett was an American lawyer and politician from New York.-Biography:He was born on June 14, 1841 in Skaneateles, New York to Levi Bartlett. His father moved in 1831 from Haverhill, New Hampshire, to Skaneateles, and practiced medicine there.Edward T...
, joined by Judges Denis O'Brien
Denis O'Brien (New York Politician)
Denis O'Brien was an American lawyer and politician.-Life:He was admitted to the bar in 1861, and commenced practice in Watertown...
, Albert Haight
Albert Haight
Albert Haight was an American lawyer and politician from New York.-Life:...
, and Celora E. Martin
Celora E. Martin
Celora Eaton Martin was an American lawyer and politician from New York.-Life:He was the son of Ellis Martin and Lucetta Martin....
, held that Johnson had no capacity to bring a suit on the tribe's behalf. The Court held that Indians, as wards of the state, had no right to sue unless conferred by statute:
A decision holding that this action could be maintained either by the tribe, or an individual member thereof on behalf of himself and all others who should come in and contribute, would be contrary to the policy and practice which have been long established in our treatment of the Indian tribes. They are regarded as the wards of the state, and, generally speaking, possessed of only such rights to appear and litigate in courts of justice as are conferred upon them by statute.
Chief Judge Alton B. Parker
Alton B. Parker
Alton Brooks Parker was an American lawyer, judge and the Democratic nominee for U.S. president in the 1904 elections.-Life:...
concurred in the result, without separate opinion; Judges Irving G. Vann
Irving G. Vann
Irving Goodwin Vann was an American lawyer and politician from New York.-Biography:...
and Landon dissented, without opinion.
Senate Indian Affairs Sub-Committee hearing (1900)
Chief Pharaoh, along with representatives of the Shinnecock Tribe, Narragansett Tribe, and Mohegan Tribe, testified before a Sub-Committee of the Senate Indian Affairs Committee on September 22, 1900 at the Fifth Avenue HotelFifth Avenue Hotel
The Fifth Avenue Hotel was a former luxury hotel located at 200 Fifth Avenue in New York City, New York from 1859 to 1908. It occupied the full Fifth Avenue frontage between 23rd Street and 24th Street, at the southwest corner of Madison Square in the borough of Manhattan.- Site and construction...
. The Sub-Committee consisted of Senators John M. Thurston (R-NE) and Orville H. Platt
Orville H. Platt
Orville Hitchcock Platt was a United States Senator from Connecticut. Born in Washington, Connecticut, he attended the common schools and graduated from The Gunnery in Washington. He studied law in Litchfield, and was admitted to the bar in 1850, commencing practice in Towanda, Pennsylvania...
(R-CT). In addition to Pharaoh, the testifying Indians were: Rev. Eugene A. Johnson, Nathan J. Cuffee, and James Cuffee (of the Montauk Council), John Noka, Joshua Noka, and Donald Seeter (of the Narragansett Council), David Kellis (of the Shinnecock Council). Maria Cropper and Dr. William H. Johnson
William H. Johnson
William H. Johnson, was a free African-American, and the personal valet of Abraham Lincoln. Having first met Lincoln in Springfield, Illinois, he accompanied the President-Elect to Washington, D.C.. Once there, he was employed in various jobs, part time as President's valet and barber, and as a...
of the Montauk tribe were among the spectators.
Rev. Johnson testified that there were 300 living members of the Montauk tribe. Johnson also testified that the New York state legislature had denied the Montauks a hearing because they were not "persons." Johnson argued that the Montauks could not alienate property without the consent of both New York and the federal government. He valued the disputed property at $3,000,000.
The tribes requested special legislation to allow them to bring their land claims, for fraud, in the United States circuit court
United States circuit court
The United States circuit courts were the original intermediate level courts of the United States federal court system. They were established by the Judiciary Act of 1789. They had trial court jurisdiction over civil suits of diversity jurisdiction and major federal crimes. They also had appellate...
. The Montauks and Shinnecocks claimed 11000 acres (44.5 km²) of Montauk Point; the Narragansetts a eight-square-mile tract near Narragansett Bay
Narragansett Bay
Narragansett Bay is a bay and estuary on the north side of Rhode Island Sound. Covering 147 mi2 , the Bay forms New England's largest estuary, which functions as an expansive natural harbor, and includes a small archipelago...
; the Mohegans a reservation in and near Norwich, Connecticut
Norwich, Connecticut
Regular steamship service between New York and Boston helped Norwich to prosper as a shipping center through the early part of the 20th century. During the Civil War, Norwich once again rallied and saw the growth of its textile, armaments, and specialty item manufacturing...
. Tredwell and Morrison continued to represent the tribes before the hearing.
State enabling legislation (1906)
A bill granting the Montauks permission to sue was introduced in February 1903. The Montauk's lawyer, Charles O. Maas, was the key lobbyist for the bill.On April 10, 1906, the New York legislature passed a statute enabling the Montauk tribe to bring suit, The act contained the following proviso: "the question as to the existence of the Montauk Tribe of Indians shall be a question of law and fact to be determined by the court." Judge Blackmar interpreted the act as "providing that the act should not be construed as conferring tribal rights on any individuals, but that the question of the existence of the Montauk Tribe should be determined by the court."
Pharaoh v. Benson (N.Y. 1918)
Pursuant to the enabling act, Chief Wyandank Pharaoh brought a third suit on behalf of the tribe in 1906. The named defendants were: Jane Ann Benson and Mary Benson, the executrices of Arthur Benson's will, John J. Pierrepoint and Henry R. Hoyt, the executors and trustees of Frank Sherman Benson's will, Mary Benson, the Montauk Company, the Montauk Dock and Improvement Company, Alfred W. Hoyt, the Montauk Extension Railroad Company, and the Long Island Rail Road
Long Island Rail Road
The Long Island Rail Road or LIRR is a commuter rail system serving the length of Long Island, New York. It is the busiest commuter railroad in North America, serving about 81.5 million passengers each year. Established in 1834 and having operated continuously since then, it is the oldest US...
. an area of 4200 acres (17 km²) was named in the third complaint (1200 acres (4.9 km²) of it adjacent to the LIRR).
Chief Pharaoh was represented by Maas and Lawrence W. Trowbridge (of counsel
Of counsel
Of counsel is often the title of an attorney who is employed by a law firm or an organization, but is not an associate or a partner. Some firms use titles like "counsel," "special counsel," and "senior counsel" for the same concept...
). The defendants were represented by Daly, Hoyt & Mason (for the Bensons), Austin & McLanahan (for the Dock and Improvement Co.), A. T. Mason (for Pierrepoint and Henry Hoyt), P. Tecumseh Sherman (for Alfred Hoyt), and Joseph Keany (for the LIRR). According to a 1910 Q&A in the New York Times, the lawyers fees were "long since supposed to have eclipsed the value of the land in litigation."
The trial took place, without a jury, before Judge Abel Blackmar of the Supreme Court of Suffolk County, Special Term. Fourteen of the sixteen living Montauk men appeared as witnesses at trial.
Judge Blackmar, ruled against the Montauks on October 11, 1910. According to Blackmar, the Montauks individually conveyed all their lands and claims to Arthur Benson between 1885 and 1894, in exchange for $100 to $250 each, except for Wyandank Pharaoh who received only $10, plus between 5 and 45 acre (20,234.3 and 182,108.7 m2) in Freetown
Freetown
Freetown is the capital and largest city of Sierra Leone, a country in West Africa. It is a major port city on the Atlantic Ocean located in the Western Area of the country, and had a city proper population of 772,873 at the 2004 census. The city is the economic, financial, and cultural center of...
and East Hampton
East Hampton (village), New York
The Village of East Hampton is a village in Town of East Hampton, New York. It is located in Suffolk County, on the South Fork of eastern Long Island...
, plus a $240 annuity to be divided per capita.
Judge Blackmar also relied upon a December 1686 patent granted by Governor Thomas Dongan to the freeholders of East Hampton, granting them the exclusive right to purchase Indian lands in the area. Benson had separately purchased the fee rights from the descendants of the patentees.
Judge Blackmar also held that the Montauks were not longer a tribe:
During this long period the number of the Indians was greatly reduced. Their blood became so mixed that in many of them Indian traits were obliterated. They had no internal government, and they lived a sort of shiftless life, hunting, fishing, cultivating the ground 'Indian fashion' as a witness called it, and often leaving for long periods and working in some menial capacity for the whites.
Appellate Division
On appeal, the Montauks found a new lawyer: Allen Caruthers.
The Appellate Division—composed of Judges Jenks, Burr, Rich, Stapleton, and Putnam—affirmed on October 16, 1914. On appeal, the Montauks were represented by Allen Caruthers, while the defendants were represented by Charles K. Carpenter
Charles K. Carpenter
Charles K. Carpenter , was a prominent minister in northern Illinois and a charter member of the Illinois State Academy of Science. During his years of service as a minister, his avocation was recording observations of nature and preparing study skins and life mounts of animals of the region...
, with Alexander T. Mason and George T. Austin on the brief. Judge Burr, for a unanimous court, wrote the opinion.
Court of Appeals
The Court of Appeals—composed of Chief Judge Frank Harris Hiscock and Judges Emory A. Chase
Emory A. Chase
Emory Albert Chase was an American lawyer and politician from New York.-Biography:He was born on August 31, 1854 to Albert Chase and Laura Chase in Hensonville, New York. He attended the public school at Hensonville, and continued his studies at the Fort Edward Collegiate Institute, but did not...
, Frederick Collin
Frederick Collin
Frederick Collin was an American lawyer and politician from New York.-Life:Frederick Collin born in Benton, New York, the third son of Henry Clark Collin and Maria Louise Collin. He graduated from Yale University in 1871, where he was a member of Skull and Bones, and subsequently started a legal...
, William Herman Cuddeback, John W. Hogan
John W. Hogan
John W. Hogan was an American lawyer and politician from New York.-Life:In early life he removed to Watertown, New York and began to practice of law there...
, McLaughlin, and Frederick E. Crane
Frederick E. Crane
Frederick Evan Crane was an American lawyer and politician from New York. He was Chief Judge of the New York Court of Appeals from 1935 to 1939.-Life:...
—affirmed (per curiam, without opinion) on January 29, 1918, without costs.
Aftermath
Federal lobbying
Maas departed for Washington, D.C. after the passage of the state enabling legislation. The Interior Department endorsed the idea on July 7, 1906.In January 1921, Senator James Wolcott Wadsworth, Jr. (R-NY) and Representative Homer P. Snyder
Homer P. Snyder
Homer Peter Snyder was a United States Representative from New York.Born in Amsterdam, Montgomery County, New York, he attended the common schools and was employed in various capacities in knitting mills until 1887...
(R-NY) introduced legislation and asked the Interior Secretary to report to Congress on the Montauk's tribal status and the merits of their land claim. The Secretary prepared a report agreeing with the conclusions of Judge Blackmar and the New York appellate courts in Pharaoh v. Benson. The Senate Committee on Indian Affairs received the report on April 22, 1922 and introduced the Wadsworth bill that June; the bill did not make it out of committee.
In 1996, represented by Bell, Boyd & Lloyd, the Montauks filed a letter of intent with the Branch of Acknowledgement and Research of the Bureau of Indian Affairs, the first step towards federal recognition. The petition for recognition was submitted on June 23, 1998. The tribe received a request for documents from the BIA in January 1999.
State lobbying
On February 14, 1922, New York state assemblyman John J. O'ConnorJohn J. O'Connor
John Joseph O'Connor was a Democratic member of the United States House of Representatives from New York....
introduced legislation to compensate the Montauks. The bill excluded James Waters
James Waters
James A. Waters is Chairman of the Toronto-based media group CHUM Limited. He replaced his father, co-founder Allan Waters in late 2005. He was named Director in 1994 and Executive Vice President in 2000. His brother Ron Waters is also a member of the CHUM board of directors.-External links:*...
and the other members of the Montauk diaspora. The bill would have created a three person committee—composed to two assembly members and one state senator—to determine whether the land claim had been meritorious. The bill never reached the floor.
Montaukett burial grounds
In 1983, Fort Hill Associates and Signal Hill Associates applied to the town of East Hampton for a permit to build homes on North Neck hill, above the Montauk's ancestral burial ground. As quoted in the New York Times, the East Hampton town supervisor said, "Who cares about a bunch of dead Indians?" The Montauketts won a temporary injunction in court that July. That November, the town board voted to purchase the 30 acres (121,405.8 m²) for $1.4 million and preserve the burial ground.In 1989, developers announced plans touching on a different Montaukett burial ground in North Neck. After protests, the town government agreed to preserve the site in 1991.
State parks
In 1984, the federal government announced plans to sell Montauk Air Force StationMontauk Air Force Station
Montauk Air Force Station was a military base at Montauk Point on the eastern tip of Long Island, New York. It was decommissioned in 1981 and is now owned by the New York State Office of Parks, Recreation and Historic Preservation as Camp Hero State Park....
, a 278 acres (1.1 km²) air force installation south of Montauk Point, to real estate developers. New York State and the Town of East Hampton sued to block the sale. The land was eventually turned over to the New York State Park Service, becoming Camp Hero State Park
Camp Hero State Park
Camp Hero State Park is a park located on Montauk Point, New York that offers a beach, fishing, hiking, a bridle path, biking, and cross-country skiing. It is the former site of Montauk Air Force Station.-Post-military use:...
. The state purchased 1000 acres (4 km²) of Hither Woods in 1986 and created Hither Hills State Park
Hither Hills State Park
Hither Hills State Park is a state park located on the southern shore near the eastern tip of Long Island in Suffolk County, New York in the USA.The park is located on the South Fork of Long Island at Napeague, New York...
. In 1988, the state purchased 777 acres (3.1 km²) more to augment the park.