_ 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
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