Indigenous Jurisdiction: A Monacan Land Claim in Seventeenth Century Virginia

This study examines one of the earliest documented Indigenous land claims in response to European incursion, centered on the 1608 encounter between a Monacan man Amoroleck and Captain John Smith. Through a rereading of Smith’s account, this study argues that Amoroleck’s defense of Monacan territory represents not only a defense of land but also a legal claim to Indigenous sovereignty. By drawing upon contemporary legal frameworks such as Native or Aboriginal title, this thesis examines how Amoroleck’s testimony aligns with later legal principles concerning Indigenous land rights, including the centrality of land to Indigenous identity and traditional land-use practices. By situating the Monacan response to European expansion within the broader legal and territorial frameworks of the time, this work highlights the enduring significance of early Indigenous claims to territory. Through an interdisciplinary approach combining history, legal studies, and Indigenous methodologies, this thesis positions the Monacans as political and diplomatic actors, challenging European perceptions of their role in the early colonial period and asserting their ongoing presence in historical and legal narratives.