A Bargain Struck, a Trust Broken: The Walking Purchase
The infamous transaction that resulted in the Pennsylvania gaining 1.2 million acres of land and displacing the Lenape Tribe.
Imagine you agree to sell your neighbor a length of rope. A price is set, but the length your neighbor will receive will be measured by how far your neighbor can walk in a day. Now imagine your neighbor hires an Olympic athlete to do the walking. That, in essence, was the Walking Purchase of 1737.
What started as a land deal between the Pennsylvania colony and the Lenape tribe became a point of resentment and a multi-century grudge. To the Lenape, the transaction was disingenuous. To colonists, it was a cunning deal-making strategy. For both, it sowed the seeds that would lead to a much larger conflict – the Seven Years' War.
The Trust Between Penn and the Lenape
The Pennsylvania colony was founded by William Penn in 1681. For decades the colony carried a reputation for the fairness in which they dealt with the local Lenape tribe. The respect and fairness shown by Penn gained the trust of Lenape leaders.
Yet, William Penn’s heirs, John and Thomas Penn, did not always follow in the same footsteps. In fact, they were known more for not following their father’s moderate practices. And they soon applied their own touch to Pennsylvania’s dealings with the Lenape.
Citing a deed from 1686, under which the Lenape agreed to sell land near the upper Delaware River and its tributary the Lehigh River (near modern-day Easton, Pennsylvania), the Penns’ pressed the Lenape.
The Walking Purchase
The original 17th century document referenced could have been a verbal agreement, an unsigned treaty, or outright forgery. Nevertheless it was referenced. As a part of the agreement, whatever form it was, the tract of land to be sold was to extend as far west as a man could walk in a day and a half.
Lenape leaders purportedly assumed that the longest distance that could be covered was around 40 miles. After reviewing a misrepresented map of the region, they prepared to cede around 40 miles of land. But, being less than scrupulous, the colony's provincial secretary hired three of the colony's fastest runners. Edward Marshall, Solomon Jennings, and James Yeates prepared for the ‘walk’ on September 19, 1737.
Though only Marshall would finish, he did so near present-day Jim Thorpe, Pennsylvania. It was some 30 miles beyond what the Lenape had expected. This resulted in a staggering 1.2 million acres acquired by the Pennsylvania colony. This is the near equivalent of the state of Rhode Island. It far exceeded what the Lenape could have imagined. It would become known as the Walking Purchase.
From Betrayal to Battlefields
The Delaware Tribe appealed for assistance to the Iroquois confederacy. The confederacy had claimed absolute hegemony over the Delaware River. However, the Iroquois leaders, having made a deal with the colonists, decided not to intervene. Despite vociferous protests by Lenape leaders, the Lenape vacated the lands.
This transaction shattered trust between the Lenape and colonists. Resentment festered, leading to raids and skirmishes. The local conflicts eventually merged into the Seven Years' War. A conflict of global struggle for colonial dominance between Britain and France. The Lenape, understandably siding with the French, became crucial allies in the North American theater.
Trying to Restore Tribal Land
In 2004, the Delaware Nation, representing the Lenape tribe, filed suite against the Commonwealth of Pennsylvania. They sought 314 acres of sacred land known as Tatamy’s Place, that were included in the Walking Purchase of 1737. Though the court acknowledged allegations of fraud were true, they deemed the case nonjusticiable. The case was dismissed.
In 2006, it was taken to federal court on appeal. The Delaware Nation argued that the King of England, not Thomas Penn, was the sovereign over the territory that included Tatamy’s Place. Thus, Penn could not extinguish aboriginal title. The Federal Appeals Court upheld the District Court’s ruling. The Delaware Nation filed for the case to be heard by The Supreme Court, however, it declined.
History for the Hurried:
July 13, 1787: Congress enacts the Northwest Ordinance establishing formal procedures for transforming territories into states. It provided for the eventual establishment of three to five states in the area north of the Ohio River.
July 14, 1789: The fall of the Bastille occurred at the beginning of the French Revolution. The Flour Wars played a role in the escalating tensions that resulted in the storming of the Bastille.