DEED OF MARSHPEE PARSONAGE.

_Know all Men by these Presents_, That we, Lot Nye, Matthias

Amos, Moses Pognet, Selectmen, and Israel Halfday, Joseph Amos

and Eben Dives, of the district of Marshpee, _for the support

of the Gospel in said Marshpee in all future generations,

according to the discipline and worship of the Church in

this place, which is Congregational_, do allot, lay out,

and _sequester_ forever, a certain tract of land, being four

hundred acres more or less, lying within the Plantation of

Marshpee, and _being Indian property_, which is to lay as a

parsonage forever and to be _improved and used for the sole

purpose aforesaid_; and the said tract or parcel of land for

the said Parsonage, is situated on the East side of Marshpee

river, and bounded as follows, viz: Beginning at a certain

spring of fresh water which issues from the head a small

lagoon on the East side of Marshpee river aforesaid, and runs

into said river a small distance below, and South of the spot

where negro Scipio and his wife Jemimai had their house, which

is now removed, and from thence running due East into the land

until it comes to the great road which leads into Marshpee

Neck, so called, and from thence Northwardly bearing Eastward

as the said road runs, until it comes to the great road,

which is the common road from Barnstable to Falmouth, and then

bounded by the last mentioned road Northwardly, and running

Westwardly until it comes to Ashir's road, then crossing

Falmouth road and running in Ashir's path till it comes

to Marshpee river aforesaid, and then upon the said river

Southwardly, and on the East side, until it comes to the first

station, leaving Quokin, and Phillis his wife, quiet in their

possessions; which tract of land, (except Mary Richards'

fields and plantation,) which is within the said boundaries,

and wood for Mary's own use, and fencing stuff for her fences

as they now stand, with all the appurtinances and privileges

thereunto belonging, shall be forever for the important

purpose of propagating the Gospel in Marshpee, without any

let, hindrance or molestation. In confirmation whereof, we

have hereunto set our hands and seals, this seventh day of

January, one thousand seven hundred and eighty-three. 1783.

LOT NYE,

MATTHIAS X[Note: sideways X] AMOS, his mark.

MOSES X[Note: sideways X] POGNET, "

N.B. Before the insealing the premises, reserve was made

by the signers of this instrument, for the heirs of Mary

Richards, that they forever be allowed her in her life time,

and Abraham Natumpum and his heirs, be allowed severally to

enjoy and possess Scipio's cleared spot of land, and fencing

stuff for the same.

ISRAEL X[Note: sideways X] HALFDAY, his mark.

JOSEPH X[Note: sideways X] AMOS, "

EBEN X[Note: sideways X] DIVES, "

In possession of: Gideon Hawley

: Simon Fish.

Received November 10, 1800, and is recorded in the 25th Book

of Records, for the County of Barnstable, folio 139, and

compared.

Attest, EBENEZER BACON, _Register_.

Lot Nye was a white man, a great Indian speculator. The other five

were Indians, two calling themselves Selectmen. Now what power had

these men in 1783, to sequester four hundred acres of the common land

of the Indians, for any purpose? If they were Selectmen, and had any

power, that power was expressly limited by the act of 1763, to leasing

lands for a term not exceeding two years. Here they undertook to make

a perpetual grant, a sort of dedication of the property to a certain

purpose. If they could dispose of one acre so, they might with equal

propriety, have disposed of the whole Plantation. The Indians were all

tenants in common, and no dedication or transfer of the common land

could be made, without a legal partition, or the consent of every

individual tenant. If the pretended Selectmen acted for the Indians,

they could only do so by power of attorney to act for all the tenants

in common. There is no other possible legal way, by which land, the

fee of which is owned by tenants in common, can be transferred, either

in fee or in occupancy out of their possession forever. But besides,

no act of the Indians was then valid unless confirmed by the General

Court. This deed, therefore, of 1783, was void at the time. It seems

nothing was done with it, until 1800, _seventeen years_ after, when

it was recorded in the Barnstable County Registry of Deeds, at whose

instigation does not appear. Now in 1800, when this deed was recorded,

the Indians were legally minors, and could do no act, and make no

contract. All the power their Selectmen had in 1783, was taken away.

They were under five Overseers, who had power to improve and _lease_

the lands of the Indians and their tenements, but no power to sell,

sequester or dedicate any part of them. The Overseers had no power to

take a dollar from the Indians, for religious worship. While this was

the condition of the Indians under the law of 1789, (which continued

in full force, with an additional act in 1819, till the new law of

1834,) the deed was recorded, in 1800, _seventeen years_ after it

was made by persons who had no power at all to make such a deed. The

professed object was to set apart 400 acres, of the common land,

lying in Marshpee, "_and being Indian_ _property_," for a parsonage,

forever. The clear title then was in the Indians as tenants in common,

for the deed so declares it, in 1783. The parsonage was their property

then. How has it ever been conveyed out of their hands? The purpose

for which this land was to be used, as sequestered by Lot Nye, &c. was

for the sole purpose aforesaid, viz. "For the support of the Gospel

in Marshpee in all future generations, according to the discipline

and worship of the Church in this place, which is Congregational."

And this property, says the deed, "shall be forever for the important

purpose of propagating the gospel in Marshpee, without any let,

hindrance or molestation."

This, then was the design of the original signers of this deed, who

had no right to sign such a deed at all. Their object was to promote

the gospel in Marshpee, but how has it turned out? The property has

been used for twenty-four years, to pay a minister who preaches to the

whites, and whom the Indians with very few exceptions, will not hear.

Is not this a gross perversion of the design of the donors, even if

they had any power to have made this grant? No lawyer will pretend

that the grant was not void, under this deed alone. There was no

grantee, no legal consideration, and no power to convey. The deed

remained on record, until 1809, when the following act was passed by

the Legislature, attempting to confirm a deed made 26 years before, by

men who had no power to make such deed.

Indian Nullification of the Unconstitutional Laws of Massachusetts Relative to the Marshpee Tribe Or, the Pretended Riot Explained · 第 43 / 48 题