GIO INDIAN LAND CESSIONS IN THE UNITED STATES Ietii. 



that tlie people of this district recofjiiiztHl the Indian title of occupancy 

 and respected it. 



It seems that after the close of Puritan control and the grant of the 

 new charter, the authorities gi-adually drifted into the theory and policy 

 held by most of the other colonies and adopted subseciuently by the 

 United States. Brief reference to some items indicating this fact is all 

 that is necessary liere. 



In the jdan of a proposed union of the several colonies, drawn up in 

 1754, in which Massachusetts took part, is the following section: 



That tile Presii'.eut-Geneial, with the Grauil Council, sumimmeil aud assembled for 

 that purpose, or a nuorum of tbeiu as aforesaid, shall hold and direct all Indian 

 treaties, in wliioli the general interest or welfare of these colonies may lie concerned; 

 and make peace or dechirc war with Indian nations; that they make such rules aud 

 orders, with paius aud ]>unishments annexed thereto, as they judge necessary, for reg- 

 ulating all Indian trade; that they direct aud order the ways and means, necessary 

 and beneficial to support aud maintain the safety and interests of tliese colcmies, 

 against all their common enemies; that they make all purchases from Indians, for 

 the Crown, of lands not now within the bounds of parti<ular colonies, or that shall 

 not be within their bounds, when the extension of some of them are rendered more 

 certain.' 



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 tiroper persons appointed for the future by this Court, near to 

 every Indian plant.atiou in this province, guardians to the said Indians iu 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' lands, and allot to the 

 several Indians of the several plantations, such parts of the said lauds and meadows 

 as shall be suBioieut for their particular imjirovement from time to time, during the 

 continuance of this act; aud the remainder, if any there be, shall be let out by the 

 guardians of the said respective plantations, to suitable persons, for a term not 

 exceeding the continuauce of this act; and suclv part of the income thereof .as is 

 necessary, shall be applied for the support of such of the proprietors in their respec- 

 tive plantations as may be sick or unable to support themselves; aud the surplusage 

 thereof, if any there be, distributed amongst tliem 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; aud that the 

 respective guardians aforesaid be hereby empowered .and enabled, in their own names, 

 and iu their capacities as gu.ardians, to bring forward and maintain any action or 

 actions for any trespass or trespasses that may be committed on the saiil Indian laud; 

 and t4iat any liberty or pretended liberty obtained from any Indian or ludians for 

 cutting oil' any timber wood, or hay, milking pine trees, carrying otf any ore or 

 grain, or planting or improving said lands, shall not be any bar to sai<l guardians in 

 their said action or actions: I'lorUhd, Th;it nothing in this act shall be understood 

 to bar any person or persons from letting creatures run upon the said Indians' unim- 

 proved lands that lie common and contiguous to otlier towns or proprietors. 



And he it ftnlhtr enacted. That from and after tlie twenty-third day of June afore- 

 said, no Indiau or ludiaus shall sell or lease out to any other Indian or ludians any of 

 his or her lauds without the consent of the guardians, or a major part of the guardians 



iMnssiichusclts Historical Society Collections, vol. vii (1801), p. 205. 



