The original sequestration in 1783,
was to promote the gospel in Marshpee. The General Court profess to
confirm and render valid the deed of Lot Nye and others, but they say
that this four hundred acres "shall remain forever as a parsonage for
the use and benefit of a Congregational gospel minister, _as expressed
in their said deed_."
Now no such thing is expressed in their deed. There is not a word
about a Congregational _minister_; only "for the support of the
gospel, according to the discipline and worship of the church in this
place, which is Congregational."
The General Court, therefore, gave a construction to the deed, which
the deed never warranted. The whole proceeding must be illegal and
void. The fee still remains in the Indians, and no power existed to
take it from them without their whole consent as tenants in common,
which they have never given, and could not give, because they were in
law minors. Mr. Fish was sent to Marshpee as a minister, and ordained
in 1811. The Indians, as a society, never invited him to come,
or settled him. They never gave him possession of the land or
Meeting-house. They were then minors in law, and could give no
consent. The white Overseers and Harvard College, were the only powers
that undertook to give Mr. Fish possession of the property of the
Indians. It is true, he has held it twenty years, but the statute
of quiet possession does not run against minors. The Indians were
declared minors, and could bring no action in court.
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