all the tenants in common.  There is no other possible legal way, by which land, the fee of which is owned by tenants in common, can be transferred, either in fee or in occupancy out of their possession forever.  But besides, no act of the Indians was then valid unless confirmed by the General Court.  This deed, therefore, of 1783, was void at the time.  It seems nothing was done with it, until 1800, seventeen years after, when it was recorded in the Barnstable County Registry of Deeds, at whose instigation does not appear.  Now in 1800, when this deed was recorded, the Indians were legally minors, and could do no act, and make no contract.  All the power their Selectmen had in 1783, was taken away.  They were under five Overseers, who had power to improve and lease the lands of the Indians and their tenements, but no power to sell, sequester or dedicate any part of them.  The Overseers had no power to take a dollar from the Indians, for religious worship.  While this was the condition of the Indians under the law of 1789, (which continued in full force, with an additional act in 1819, till the new law of 1834,) the deed was recorded, in 1800, seventeen years after it was made by persons who had no power at all to make such a deed.  The professed object was to set apart 400 acres, of the common land, lying in Marshpee, “and being Indian property,” for a parsonage, forever.  The clear title then was in the Indians as tenants in common, for the deed so declares it, in 1783.  The parsonage was their property then.  How has it ever been conveyed out of their hands?  The purpose for which this land was to be used, as sequestered by Lot Nye, &c. was for the sole purpose aforesaid, viz.  “For the support of the Gospel in Marshpee in all future generations, according to the discipline and worship of the Church in this place, which is Congregational.”  And this property, says the deed, “shall be forever for the important purpose of propagating the gospel in Marshpee, without any let, hindrance or molestation.”

This, then was the design of the original signers of this deed, who had no right to sign such a deed at all.  Their object was to promote the gospel in Marshpee, but how has it turned out?  The property has been used for twenty-four years, to pay a minister who preaches to the whites, and whom the Indians with very few exceptions, will not hear.  Is not this a gross perversion of the design of the donors, even if they had any power to have made this grant?  No lawyer will pretend that the grant was not void, under this deed alone.  There was no grantee, no legal consideration, and no power to convey.  The deed remained on record, until 1809, when the following act was passed by the Legislature, attempting to confirm a deed made 26 years before, by men who had no power to make such deed.

    COMMONWEALTH OF MASSACHUSETTS,

    House of Representatives, June 15, 1809.