4. I regret the
necessity of presenting arguments to dispossess Mr. Fish of what he
doubtless supposes be lawfully holds; but I am looking for the rights
and the property of the Indians, and am not at liberty to consult
personal feelings, that would certainly induce me to favor the Rev.
Mr. Fish, as soon as any man in his situation. I think it as important
to him as to the Indians, that the title to the parsonage should be
settled, for there will be feuds, and divisions, and strifes, as long
as that property remains as it now is, wrongfully taken and withheld
from the Indians, to support an "ESTABLISHED CHURCH," in Marshpee.
With this view I have proposed to Mr. Fish, in behalf of the Indians,
to make up an amicable suit, before the Supreme Court, and obtain
their opinion, and the parties be governed by it. The Indians are
ready to submit it to such an arbitration. Mr. Fish declines. The
only other remedy is an injunction in chancery, to stop the cutting of
wood. The Indians are not well able to bear the expense, at present,
or this course would be taken to recover their property. Until some
legal decision is had, Mr. Fish cannot but see, from an examination of
the legal grounds set forth herein, that there are strong reasons
for regarding him as holding in his possession that which rightfully
belongs to another. The public will not be satisfied, until the rights
of the Indians are fully secured. I have always been desirous that Mr.
Fish should not be disturbed in his house lot, and for my own part,
it would give me pleasure, should the Indians, immediately, on getting
legal possession of their own parsonage, unanimously invite him
to settle over them. But so long as he withholds from them their
property, it cannot be expected that they should receive him as their
spiritual teacher. It is in direct violation of the Constitution and
of religious freedom.

BENJAMIN F. HALLETT,
_Counsel for the Marshpee Indians.
Boston, May, 20, 1835_.

The Selectmen of Marshpee District, are at liberty to make such use of
the foregoing, as they think proper.

[Footnote 1: He is not an Indian, nor an original proprietor.]

[Footnote 2: This was Mr. Alvin Crocker, who had formerly enjoyed more
benefits from the Plantation, than he does under the new law.]

[Footnote 3: In June, 1763, the Governor and Council appointed
Thomas Smith, Isaac Hinckley and Gideon Hawley, "pursuant to an act
empowering them to appoint cert