Based on
a review of the Native American Deeds Collection
and other historical evidence, the gap is now closed
regarding the transition between the Native American
occupation and ownership of the land in Essex County
and English occupation and possession of it. The process
evolved in a struggle by one party to keep a “sustainable
“ land versus another party to create an “economic commodity”
called land.
The essential element of “permanent
settlement”
embedded in English land tenure sought and succeeded in
replacing the ancient “mobility/non-permanent
settlement” concept embedded in the Native American
concept of land tenure. This is a very clear and fundamental
difference between these two cultures regarding land
transfers between them. Other dynamic elements of these
transactions involve the circumstantial evidence associated
with each transaction. Were these negotiations consensual
or made under duress? Why does one deed (John, Indian
of Pennicook, Huntsman), spread on the public record
the words after John’s name “appearing
sober at the time and in his right mind?” To
some this may sound humorous. To others, many others,
they might interpret this as a clue to the fact that
some purchasers of Native American land did in fact
negotiate while the grantor was under the influence
of strong liquor. This researcher found no evidence
of illegality or trickery associated with the Native
American Deeds in the Essex County Collection.
This project has given a new or
at least a clearer understanding to the term “Indian
Giver”.
It is now known that it was not uncommon for an Indian
to give someone rights land not being used by the tribe
at the time. “Black Will”
of Nahant was regarded as a crafty old “shrewd dude”
for his “selling “ of Nahant three different
times. In fact he may have only given certain non-conflicting
rights in the different deals.
It is hopeful that this work will
stimulate additional interest in our Native American
heritage and the legacy of our native people’s
ecological lifestyle. Perhaps we all can be inspired
by their values as we take our turn in managing the environment
that is, harvest what is abundant in season, but only
take what you need.
Finally, a review of land transfer
in Essex County during the 17th Century will show that
the consideration or value per acre shows a great disparity.
The value per acre is markedly different depending on whether
the deal is between a Native and an Englishman, or between
two Englishmen. It is also ironic that the rules that
Governor Winthrop enacted in his pronouncement of “vaccuum
domicillium” which put in place, as a condition
of ownership, i.e. that the land must be improved (planted)
and fenced, did not apply to all. This is clear by grants
to individuals who received 500 or 1000 acres or more
of “wilderness” land. Even if the landed
gentry had the resources to improve and fence the land
they didn’t. It did not serve in anyway as an impediment
to resell the land for a profit.
This work
has brought new historical and cultural significance
to ancient records that have survived well over 300
years with little reference or notice. Yet, today there
is a link to the Native American past by the use of
their names; The North American Deeds Collection now
creates a crosswalk from the 21st Century to the 17th
Century landscape. We know who the last leaders were
of the Native American people at that point in history
and where they lived, traveling over the same land
we do today. Given that the primary Native American
bands were tributaries to the Pawtuckets of Lynn, this
story could be referred to as “The
Last of the Pawtuckets.”
A parallel can be drawn between
what happened to the Native Americans here in the 1600’s
and to their relatives in the West through the 1800’s.
The pattern and objective of possessing all of the land
is clear. First, the English wanted to control North
America but had to move the inhabitants out of the way
before they could engage their European competing nations.
Once Mass. Bay Colony became heavily populated and the
Native Americans dispossessed of their land (and later
removed to the Christian “Praying Towns”
1650-1700), focus could be centered on removing the Dutch
from New Amsterdam and later from the French Acadia. Second,
the new player in the game of removing Native Americans
from the land was the U.S Government. The “Manifest
Destiny “ of the West was no more than a new term
for “Vaccuum Domicillium” in the East. Different
place, different time, same story. The new term for “Praying
Town” became “Indian Reservation”
… same game .. the deculturization of the Native
American. It all began at the various points of entry to
this land by the Europeans.
The intent of presenting
the NA Deeds Collection is not to make a legal argument
of any kind. Rather, the intent is to offer to the public
the opportunity to learn (from original ancient records
using the Internet) more about the history of our Native
People.
Today, there are many claims
in Federal Courts by Native Americans “to correct
certain evils”. There are also many historical
accounts of terrible injustices committed against Native
Americans by the U.S. Govt. Some apologies have emerged
by government leaders. National Reparation Acts and initiatives
by state governments have generated new rights and recognition
to the Native American people. Maine has mandated teaching
Native history in all public schools. In December 2003,
the Canadian Governor General, on behalf of the Queen,
issued a royal proclamation acknowledged the “dark
chapter” of the Acadian expulsion of 1755, and
declared that henceforth, every year, July 28 would be
observed as “A Day of Commemoration of the Great
Upheaval”.
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