GO'2 INDIAN LAND CKSSIONS IN TIIK I'NITKD STATES [ktm.ann. 18 



a New I'^iijilaiiilcr, who writes as a strong (ii)|)iiiii'iiL ol' ruiitaiiisin, is 



as follows : ' 



"I'lu'V (lociiird tlitmiMolvoa coniinissioiKMl, likr .loNliiiii of old, to ii worlc of liloiid ; " 

 1111(1 lllc^,v soiif-lil nil o\ciiH(^ for tlii'ii- luiiforiii liiii'shmiss l.o thii Iiicliaiis in llic)si\ ili<>;iil- 

 fiil tni;i(MliiiH whii'li wiMo iiiuu'ti'd, fiu' li:ick in priimn-iil iiki^n, on tlio hIiotoh of tlio 

 Hull Son and tlio fertile ]diiins of I'iilostino, mid in which Almighty WiHiloni saw lit 

 to iiiako tlio doscoiidantN of Israel the iiiHtrmiieiit.s of Imh wnith. So early as I(hi2, 

 llic IiKliiiiiH "bofjan to i|nariel with the Kii^lish ahoiit the hounds of their land ;" 

 for the I'liiilaii ril;;riiiis, iiiaiiit!iiniii;i; that ''the whole earth is the Lord's H;arden," 

 and, thi'i'i'lbie, the jicenliar propi'rly of his saints, admitted the natural rifjiit of the 

 iilioriyines to so iiiiich soil only as they could ocenpy and improve. In 1G3;1, this 

 principle was made to assiiiiie th(> sliajio of law; and, " for settlin}; the Iiulians' title 

 to lands in the, jurisdiction," the ({oneral court ordered, that " what lands any of the 

 Indians liave imnnexxfil iiiiil hiipiorcd, hi/ Hiihdiiiiiii Ilia siimi-, they ha\n Just rifjlil- unto, 

 iiccordiii;; (o that in (ionesis, eh. i, 28, and <'h. ix, 1." 'I'hiis the arf^lllnent iiseil was 

 rdciiiim (liimiciliiiiii ocdil mTiipaiiti: and, by an applieation of the ciistoiiis of civili- 

 zation to tliu wilderness, it was held, that all land not occnpiod by the Indians as 

 aKricultnrists, "lay opoii to any that eonld or woiiWl improve it." 



It has been the fashion, of lute, to assert, Im- tin' I'lirilaiis tli.it they refjardcd 

 I'jiidiieMii risht, resting on discovery, to be a l'o])i8h doelrino, derived from Ale.\ander 

 y\.. and that they reoognized the jiistieoof tho Indian I'hiims. lint this position 

 cannot lie maintained. The rude jjanlcn, which snridniidod tliosava;;e wigwam, was 

 alone <'onsid(<red as savage property. The lioumllcss landsca]i(S with its forests, 

 fields, and waters, he was despoiled of, on tli<< harsh ]iIoa of (Jhrislian right. In 

 this way. t'harlcstown, lioston, Dorehostor, Salem, Ilinghani, and other places, wore 

 intruded into by the I'nritaii IMlgrims, without (^midescending to any in(|uiry con- 

 ei'rning the Indian title. They were seized and settled, because they were not wav- 

 ing with lields of yellow corn duly fenced in with siiuaro-cut hawthoriie. 



Altlii)ii;;ii this is liai'slily oxpiosst'd by one evidoiitly iu'ejudicod, and 

 is not I'lilly warranted, it sots I'ortli tllt^ I'liiitan tlieory of tlic Indian 

 titlt^ corrooMy. Tho iict of UVM, alhidod to as {;ivoii by Thomas and 

 lloinans,'-' is as follows: 



It h dvclnml iiud urdered hi/ thin Coiirl and inilhoritji tlicnvf, That what lands any 

 of the Indians in this jurisdiction have possessed anil iiii])rove(l, liy siibilning tho 

 same, they have Just right iiiito. according to tliat in <ieii. 1. u'8, and t'liaj). !l. 1, and 



I'siti. 115, k;. 



And for tlie fnilher encouragement of tlie hopi'liil work amongst them, fer the 

 civilizing and lielpiiig tluiii forward to I'hristiaiiily, if any of tho Indians shall ho 

 brought to civility, and shall eouie among tlnv ICnglish to inhabit, in any of their 

 plantations, and shall there live civily and orderly, that such In<tians shall have 

 allotments amongst the Knglish, according to tho ciistmn of the Lnglish in like ease. 



Fiirlhir it is ordrrnl, That if, upon good oxiierioiiee, there shall be a coinpotent 

 nuinlier of the Indians brought on to civility, so as to bo cajiableof a township ii]ion 

 their reipiest to the (iencral Court, they shall have grant of lands undisposed of, for 

 a |ilantatioii, as tlie ICnglisli have. 



And J'nrllier it in ordcrid hi/ thin Court and the aiithoiiti/ thertof, and he it herehtj 

 cnaeted. That all the tract of land within this jurisdiction, whether already granted 

 to any I'.iiL^lish pl.inliilions or piTsons, or to be granted by this Cnurt (not beiyg 



' I'.ii'i- Olivor, I'ln-iliiii Ciiinmoiiwwilth, iip. 101 Kill 



■ l.liw.s nl' Oiilnniill nml Slllll^ Clivi'llll I» (ISS), pp. II-IU. 



