Indian Nullification of the Unconstitutional Laws of Massachusetts Relative to the Marshpee Tribe: Or, the Pretended Riot ExplainedApess, William
History
Indian Nullification of the Unconstitutional Laws of Massachusetts Relative to the Marshpee Tribe: Or, the Pretended Riot Explained
Apess, William
Indians of North America -- Legal status, laws, etc.; Mashpee Indians -- Land tenure; Mashpee Indians -- Legal status, laws, etc.
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.
COMMONWEALTH OF MASSACHUSETTS,
_House of Representatives, June_ 15, 1809.
On the representation of the Overseers of the Indian
Plantation of Marshpee, in the County of Barnstable, stating
in behalf of said Indians, that it would be conducive to their
interests, that a certain grant and allotment of lands therein
described, _formerly owned by said Indians_, for the support
of the gospel ministry among them, should be confirmed and
rendered valid.
_Resolved_, That a certain grant or allotment of land made by
Lot Nye, Matthias Amos, Moses Pognet, Isaac Halfday, Joseph
Amos, and Eben Dives, of the District of Marshpee, in the
County of Barnstable, as appears by their deed by them, and
by them signed, sealed and executed, on the seventh day of
January, one thousand seven hundred and eighty-three, and
recorded in the Registry of Deeds, in and for said County of
Barnstable, in the fifty-fifth book thereof, and 139th
folio of said book, said land being 400 acres more or less,
according to said deed, be and the same hereby is confirmed
and rendered valid to all intents and purposes by them in
their said deed expressed, and the said tract of land shall be
and remain forever as a parsonage, for the use and benefit of
a Congregational gospel minister, as expressed and declared in
their said deed. Sent up for concurrence.
TIMOTHY BIGELOW, _Speaker_.
_In Senate, June_ 19, 1809,
Read and concurred.
H.G. OTIS, _President_. Approved, C. GORE.
June 19, 1809,
[True Copy.]
Public-domain text, read in full here on John Shaqi.
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