On the representation of the Overseers of the Indian Plantation of Marshpee, in the County of Barnstable, stating in behalf of said Indians, that it would be conducive to their interests, that a certain grant and allotment of lands therein described, formerly owned by said Indians, for the support of the gospel ministry among them, should be confirmed and rendered valid.

Resolved, That a certain grant or allotment of land made by Lot Nye, Matthias Amos, Moses Pognet, Isaac Halfday, Joseph Amos, and Eben Dives, of the District of Marshpee, in the County of Barnstable, as appears by their deed by them, and by them signed, sealed and executed, on the seventh day of January, one thousand seven hundred and eighty-three, and recorded in the Registry of Deeds, in and for said County of Barnstable, in the fifty-fifth book thereof, and 139th folio of said book, said land being 400 acres more or less, according to said deed, be and the same hereby is confirmed and rendered valid to all intents and purposes by them in their said deed expressed, and the said tract of land shall be and remain forever as a parsonage, for the use and benefit of a Congregational gospel minister, as expressed and declared in their said deed.  Sent up for concurrence.

        TIMOTHY BIGELOW, Speaker.

        In Senate, June 19, 1809,

    Read and concurred.

        H.G.  OTIS, President.  Approved, C. GORE.

        June 19, 1809,
        [True Copy.]

Now, if the deed was not valid in 1783, without the concurrent action of the General Court, it could not be made valid by an act of the General Court 26 years afterwards.  Besides, the land had been in possession of the Indians, by virtue of their title, more than twenty years, after the making of the pretended deed.  The power of the grantors, if they ever had any power, had long expired, and Marshpee was governed by new laws.  We might as well hold that an act passed by the House of Representatives in 1783, could be made valid by a concurrence of the Senate, in 1809.

It is plain, therefore, that unless the General Court had power without the consent of the Indians, to sequester this land in 1809, the setting of it apart from the common land, is wholly void, and an act of mere arbitrary power.  But the general Court never assumed the power to convey any land for any purpose, belonging to the Indians without their consent.  Where and how was their consent given to this act of 1809?  They were minors in law, and could give no such consent.  Their Overseers could give none for them, for their power only extended to alloting laws to the Indians, and leasing them.  The pretence, therefore, that this was done at the request of the Overseers, gives no strength to the act.

Let another fact be remarked.  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.”