FREE BOOKS

Author's List




PREV.   NEXT  
|<   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130  
131   132   133   134   >>  
_ be maintained during the time of the Camp-meeting. It is also distinctly understood, that this license is of _special favor_, and _not conceded as your right_, and no way to be taken as a ground for similar requests in future, or for encouraging any future acts of annoyance, vexation, or infringement of the quiet possession of the privileges, secured to me by the _Laws_. And that should any damage be done in any way as aforesaid, you will consider yourselves responsible to the proper authorities. With my best wishes for your welfare, your friend, PHINEAS FISH. _Marshpee, July 30, 1834_. The reader may now ask, how came Mr. Fish in possession of this property, which he claims to hold by the Laws? I am at liberty to publish here, the following views of the law and the facts in the case, drawn up by legal counsel whom the Selectmen have consulted. And here I take my leave. OPINION AS TO THE TITLE REV. PHINEAS FISH HAS TO THE PARSONAGE, SO CALLED, IN MARSHPEE. The first act of the General Court which interfered with the right of the Indians to sell their own lands, all of which they owned in common in Marshpee Plantation, (including what is now called the parsonage,) was in 1650, which provides that no person shall _buy_ land of any Indian without license of the General Court. In 1665, this was extended to grants for term of years. In 1693, the Indians were put under guardianship. In 1701, an Act was passed specially to protect the Indians in the enjoyment of their lands. [Col. Laws, page 150,] It also shows why the restriction in the sale of their lands was adopted. "Whereas, the government of the late Colonies of the Massachusetts Bay and New Plymouth, to the intent the native Indians might not be injured or defeated of their just rights and possessions, or be imposed on and abused in selling and disposing of their lands, and thereby deprive themselves of such places as were suitable for their settlement", did inhibit the purchase of land without consent of the General Court, notwithstanding which, sundry persons have made purchases, &c.; therefore, all such purchases of lands were vacated, with the exception of towns, or persons who had obtained lands from the Indians, and also by virtue of a grant or title made or derived by or from the General Court. All leases of land from Indians for a
PREV.   NEXT  
|<   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130  
131   132   133   134   >>  



Top keywords:

Indians

 

General

 

license

 

possession

 
persons
 
Marshpee
 

PHINEAS

 

purchases

 

future

 

passed


restriction

 

protect

 

enjoyment

 

specially

 

person

 

Indian

 

called

 
parsonage
 

extended

 

guardianship


grants
 
notwithstanding
 

consent

 

sundry

 

purchase

 

inhibit

 

places

 
suitable
 

settlement

 

vacated


exception

 
derived
 

leases

 
virtue
 

obtained

 

deprive

 
Plymouth
 
intent
 

native

 

Massachusetts


Whereas

 

government

 

Colonies

 

injured

 

abused

 

selling

 
disposing
 

imposed

 
defeated
 

including