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Show 59 610 INDIAN LAND CESSIONS IN THE UNITED STATES [ETII.AKN.18 that the people of this district recognized the Indian title of occupancy and respected it. I t seems that after the close of Puritan control and tho grant of the new charter, the authorities gradually drifted into the theory and policy held by most of the other colonies and adopted subsequently by the United States. Brief reference to some items indicating this fact is all that is necessary here. In the plan of a proposed union of the several colonies, drawn up in 1754, in which Massachusetts took part, is the following section: That tho Presideut-General, with the Grand Council, summoned and assembled for that purpose, or a quorum of them as aforesaid, shall hold and direct all Indian treaties, in which the general interest or welfare of those colonies may be concerned; and make peace or declare war with Indian nations; that they make such rules and orders, with pains and punishments annexed thereto, as they judge necessary, for regulating all Indian trade; that they direct aud order the ways and means, necessary and beneficial to support aud maintain the safety and interests of these colonies, against all their common enemies; that they make all purchases from Indians, for the Crown, of lands not now within the bounds of particular colonies, or that shall not be within their bounds, when the extension of some of them are rendered more certain.1 Here is a clear recognition of the Indian title and the necessity for extinguishing it by purchase. In 1758 the following act was passed by the governor, council, and house of representatives: That there be three uroper persons appointed for the future by this Court, near to every Indian plantation in this province, guardians to the said Indians in their respective plantations, who are hereby empowered from and after the twenty-third day of June, A. D. 1758, to take into their hands the said Indians' lauds, and allot to the several Indians of the several plantations, such parts of the said lands and meadows as shall be sufficient for their particular improvement from time to time, during the continuance of this act; and the remainder, if any there be, shall bo let out by the guardians of the said respective plantations, to suitable persons, for a term not exceeding the coutinuauce of this act; and such part of the income thereof as is necessary, shall bo applied for the support of such of the proprietors in their respective plantations as may be sick or unable to support themselves; aud the surplusage thereof, if any there be, distributed amougst them according to their respective rights or interest, for providing necessaries for themselves and families, and for the payment of their just debts, at the descretion of their said guardians; and that the respective guardians aforesaid be hereby empowered aud enabled, in their own names, and in their capacities as guardians, to bring forward aud maintain any action or actions for any trespass or trespasses that may be committed on the said Indian land; and that any liberty or pretended liberty obtained from any Indian or Indians for cutting off any timber wood, or hay, milking pine trees, carrying off any ore or grain,°or planting or improving said lands, shall not be any bar to said guardians in their said action or actions: Provided, That nothing in this act shall be understood to bar any person or persons from letting creatures run upon the said Indians' unimproved lands that lie common aud contiguous to other towns or proprietors. And be it further enacted, That from and after the twenty-third day of June aforesaid, no Indian or Indians shall sell or lease out to any other Indian or Indians any of his or her lands without the consent of the guardiaDS, or a major part of the guardians i Massachusetts Historical Society Collections, vol. VII (1801), p. 205. |