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1800
Glass Era
Book
5-24
PUBLICATIONS OF THE ESSEX BOOK AND PRINT CLUB
NO. III INDIAN LAND TITLES
ESSEX COUNTY, MASSACHUSETTS
FTPawwa
E
K-
Attitask
Pond
oR.
C
A MESB
Indian Swamp
MERRIMAOK
Indian Field
E -- N -- T
HAVERHILL
WEST
Kenoza Pond
NEWBURY
Pentucket
Monomu
ck
Mer
BRADFORD
GROVELAND
METHUEN
...
--
Y
LA
Cochicinwick
NORTH
1
ANDOVER
ANDOVER
Quechig
TOPSFIELD Shenewemedy
-
MIDDLETON
M
Pouomeneuhcant
R. Wahquainesehcok
E
Soewamapenessect
LYNNFIELD
PEABODY In(
Settle b
4
Na
SA.
LYNN
Saugus
SAUGUS
Abousett R.
Nahant NA
CE
GEORGETOWN
Augamtoocooke
BOXFORD
Shawshin
VERS
Wahgnack
Conamabsquenooncant
2.4
---
R.
N
River
P
rimack
U
9
SALISBURY
URYPORT
NEWBURY
Wessacucon
Massachusetts By Sidney Perley
vascacunquen R.
SCALE OF MILES
0 4
WLEY
A G A W A M
B
£ Y
Agawam
IPSWICH W
Riv
ROCKPORT
Wingaersheek
HAMILTON
Chebacco
GLOUCESTER
ESSEX
M
THAM
MANCHESTER
BEVERLY
ussabequash R
@ Indian Burial Place MARBLERZAD
MASSACHUSETTS Indian Fort.
imscott
BAY
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Map of Indian Lands and Localities in Essex County
Naugus Head
rag
THE INDIAN LAND TITLES
OF ESSEX COUNTY MASSACHUSETTS
BY SIDNEY PERLEY
AND
K
B
THE ESSEX
CLUB
1
8
O
SALEM, MASSACHUSETTS ESSEX BOOK AND PRINT CLUB 1912
1524Q 2 12
٢
I.S. P. 1 Feb.1
CONTENTS
INTRODUCTION
ix
TRIBAL TERRITORIES 3
Merrimack River 3
Pentucket
4
Agawam
6
Naumkeag
7
RIGHT TO THE SOIL 16
FORCE AND EFFECT OF INDIAN DEEDS 18
DEEDS
23
Ipswich Deeds 25
The Deed of Haverhill .
31
The Conveyance of Andover 35 .
Newbury Deeds . 41
The Conveyance of Nahant .
49
The Deed of Marblehead 51
Lynn Deeds 64
77
The Deed of Beverly
88
The Deed of Manchester 93
The Deed of Wenham 98
The Deed of Gloucester . IOI
The Deeds of Boxford .
106
The Deed of Rowley . . 118
Bradford Deeds 120
The Deed of Topsfield · 131
INDEX I35
Salem Deeds
ILLUSTRATIONS
INDIAN MAP OF ESSEX COUNTY Frontispiece V
DEED OF JOHN WINTHROP, JR.'S, FARM IN IPSWICH 25 €
DEED OF IPSWICH 27 /
PORTRAIT OF JOHN WINTHROP, JR.
29
DEED OF HAVERHILL 31 4
DEED OF INDIAN FIELD, IN NEWBURY
43 L
DEED OF MARBLEHEAD
51 %
SEALS ON DEED OF MARBLEHEAD
55 -
ATTESTATION OF THE WITNESSES TO DEED OF MAR-
BLEHEAD
57 -
RELEASE OF JOSEPH QUANOPHKOWNATT ON DEED OF MARBLEHEAD
59 ~
ACKNOWLEDGMENT OF DEED OF MARBLEHEAD
.
61 4
DEED OF SALEM
77 2.
SEALS ON DEED OF SALEM
83 ~
ATTESTATION OF THE WITNESSES TO, AND ACKNOW-
LEDGMENT OF, DEED OF SALEM
85
RESIDENCE OF THOMAS PERLEY, IN BOXFORD
107 L
INTRODUCTION
T HOUGH this volume bears a title which in- dicates a legal character, the treatment of the subject is mainly historical. There is not much that can be said upon its legal aspect that is new, but the moral right to take by force the lands of the aborigines is still an open question. Neither is it a book of the Indians except as it relates to land titles.
Most of the original Indian deeds are lost or de- stroyed, the records of the transactions are passing away, and the names of localities and waters are being forgotten.
Duty demands the preservation of these memorials in order that at some future time the history of our red men may be written as truly and fully as possible.
SIDNEY PERLEY.
SALEM, April 26, 1912.
INDIAN LAND TITLES
TRIBAL TERRITORIES
THE Algonquin race of the North American Indians were different from the other aborigines in that they were less warlike and less nomadic. Being to a con- siderable degree an agricultural people, they remained within certain localities to which the periodical cultiva- tion of the soil confined them. This is especially true of the Indians of Essex County. Here, there were sev- eral tribes, each possessing certain acknowledged ter- ritory. The region north of Merrimack River belonged to the Pentucket tribe of the Pennacook Indians. The remainder of the present county of Essex was divided by a line beginning at a point, on Merrimack River, which is the boundary between the present towns of North Andover and Bradford (now a part of the city of Haverhill), and thence running southerly by the eastern boundary line of North Andover to the Middle- ton town line, thence southerly to Danvers River, as marked on the map, and thence by the river to Salem Bay. The territory lying easterly of this line was oc- cupied by the Agawam tribe, which is said to have been subject to the Pennacooks or in alliance with them. Westerly of this line was the land of the Naumkeag Indians, who constituted a part of the great Massa- chusetts tribe.
MERRIMACK RIVER
This river, which constituted a dividing line between tribes in this region, was called, by the Indians of the North, Merrimack, probably from merruh, "strong,"
[ 3]
[ 4 ]
and auke, "a place," meaning a strong place, or a place of strong currents, which exist at its mouth.1 The Massachusetts Indians called it Monomack, from mona, "an island," and auke, "a place," meaning the island place, or a place of islands.1 In a deed of Man- ancuset alias Annamutaage and others to Captain John Evered alias Webb, of Dracut, August 19, 1665, it is called " Mynomack River." 2
The earliest mention of this river in records or books is the statement of the Sieur De Monts, who wrote from the St. Lawrence River, in 1604, as follows : "The Indians tell us of a beautiful river, far to the south, which they call the Merrimack." The next year Sam- uel de Champlain learned of it, by its location being mapped out for him by some Indians whom he met upon the beach near a point of land.3 He named this attractive stream " Riviere du Gas."
PENTUCKET
Pentucket was generally so spelled, though in a let- ter to Governor John Winthrop, in 1640, Nathaniel Ward wrote it " Penticutt." + The name means "at the crooked river." 5 The northern limit of this tribe is unknown.
Its chief was Passaconaway, and he had been its leader for many years before the English occupied the
I History of Haverhill, by George Wingate Chase, page 20.
2 Old Norfolk Registry of Deeds, book 2, leaf 74.
3 Voyages of Samuel de Champlain, Boston, 1880, volume 1, page 51.
4 History of Andover, by Sarah Loring Bailey, page 4.
5 Dr. R. A. Douglas-Lithgow, in his Dictionary of American Indian Place and Proper Names in New England.
[ 5 ]
land of Pentucket. According to Rev. William Hub- bard of Ipswich, author of a history of New England, this sagamore was " the most noted powwow and sor- cerer of all the country."
The name of Augamtoocooke was applied to the region now occupied by Dracut," which is without Essex County, but probably included within the jurisdiction of Passaconaway.
John G. Whittier stated that the ancient name of Great Pond, in what is now Haverhill, was Kenoza, evidently an Indian appellation, and that he wrote his poem bearing that title that the old name might be resumed. Dr. Douglas-Lithgow states that the name is Indian and means " pickerel."2
The large pond in Amesbury, known early as Great Pond, and for a long time subsequently as Kimball's Pond, is now called Lake Attitash, which is said to have been its ancient Indian name. Dr. Douglas- Lithgow says that the word means "huckleberry."
Easterly of Lake Attitash is a great swamp known, as early as 1662, as Indian Swamp.3 Between this swamp and Merrimack River is an extensive tract of upland called in the early settlement Indian field or ground.4 Why the name of Indian became associated with this swamp and upland is unknown.
I Deed of Manancuset alias Annamutaage and others to Captain John Evered alias Webb, August 19, 1665. - Old Norfolk Reg- istry of Deeds, book 2, leaf 74.
2 Dictionary of American Indian Place and Proper Names in New England.
3 Deed'of William Huntington to William Osgood, 24 : 1 : 1662. - Old Norfolk Registry of Deeds, book 1, leaf 146.
4 Deed of William Sargent, Sr., to William Sargent, Jr., March 4, 1670-71. - Old Norfolk Registry of Deeds, book 2, leaf 201.
[ 6 ]
Powwow River was almost universally called Paw- waus River in the early decades of the English set- tlement. If Passaconaway was indeed the greatest powwow of his time, probably many of the ancient meetings were held upon its banks, and from that fact the stream derived its name.
AGAWAM
The name of Agawam was spelled in several ways in early times. Captain John Smith, in 1631, called it " Augoan," " and William Wood, in 1634, spelled it " Igowam."2 The difference arose from the sound given it by the aborigines. " Agawam " was the gen- eral form, however, and this spelling was probably adopted after the settlers had become accustomed to the pronunciation given it by the natives. Various meanings are given to the word, as " A fishing sta- tion," " Fish-curing place," and " Ground overflowed by water." 3
The northern boundary of Agawam was undoubt- edly Merrimack River. Naumkeag bounded it on the west, and on the other sides it was limited by the ocean.
The first and only chief of Agawam known to the English settlers was Masconomet. He died before June 18, 1658, and was buried on Sagamore Hill, which is now within the bounds of Hamilton. He was always well disposed toward the white men.
I Advertisements for the Unexperienced Planters of New England, etc., by Captain John Smith, 1631.
2 New England's Prospect, by William Wood, 1634.
3 Dictionary of American Indian Place and Proper Names in New England, by Dr. R. A. Douglas-Lithgow.
[ 7]
The Indians had given names to the coast in many places in Agawam. Wessacucon was practically the territory of old Newbury. To the Parker River they gave the name of Quascacunquen. William Wood, on his map of New England, made in 1634, called it Quascunquen. The section of Agawam which was more particularly so called was the present town of Ipswich. Chebacco' was the name given to the locality which is now the town of Essex; and Cape Ann gen- erally was known as Wingaersheek.2 Annisquam was earliest called Wonasquam, and later by the root word, Squam. It was called Wonasquam on the map of New England, made by William Wood, in 1634, and that was the name given to it on several occasions dur- ing the next century. The meaning of the name is the same, however, being " At the top or point of the rock."3 The name of Annisquam is applied to the river or inlet of the sea at that place as well as the locality on shore.
NAUMKEAG
Naumkeag was a part of the extensive region more generally known as Massachusetts, which means " At or about the great hill," says J. H. Trumbull. Roger Williams said that it " was so called from the Blue hills." That part of Massachusetts of the Indians lying within what are now the limits of Essex County was
I Chebacco is spelled " Jebacho" in deed of John Burnum, Sr., of Ipswich, to Jonathan Cogswell, of Ipswich, June 28, 1703, show- ing that the first syllable had the sound of je. - Essex Registry of Deeds, book 15, leaf 192.
2 History of Gloucester, by John J. Babson, page 45.
3 Dr. R. A. Douglas-Lithgow, in his Dictionary of American Indian Place and Proper Names in New England.
[ 8]
called Naumkeag, which means "Fishing place," from namaas, fish, ki, place, and age, at.'
The territory of Naumkeag is defined by several depositions relating thereto, recorded in the Registry of Deeds at Salem, June 19, 1696.2 The following is an exact copy of this record : -
EUIDENCES RELATING TO NAUMKEEGE
James Rumney Marsh aged about fifty yeares ye Son of Jnº Indian Testifieth that on his Certaine knowledge that ye riuer that runns vp between ye Townes of Salem & Beuerly Called Bafs riuer hath allwaies within his remembrance for about forty five yeares past been knowne & Caled by ye name of Naomkeage riuer & that ye riuer which lyeth be- tween ye Towns of Salem & Marblehead now Caled fforrest Riuer : was formerly Caled by ye name of Mafhabequa James Rumnymash perfonaly appeared tendring his Oath to ye Truth of ye aboue written whom upon Examination I found well to understand ye Nature of an Oath & accord- ingly I admitted him : who made Oath to ye Truth of ye aboue written this 7. 7 br 1686. before me Bartho Gedney one of his Majties Councill for his Territory & dominion of New England.
Sufannah Potoghoontaquah daughter of Sagamore George afirmed ye truth of ye aboue written Euidence of James Rumney Marsh this 7th September. 86.
The 17th of September 1686.
Thomas Queakufsen alias Capt Tom Indian now liuing at wamefit neare Patucket Falls aged about Seuenty fiue yeares Testifieth & Saith that many yeares Since when he was a youth he liued with his father Deceafed named Po-
1 Handbook of American Indians, Washington, 1907, volume II, page 40.
2 Essex Registry of Deeds, book 11, leaves 131 and 132.
[ 9]
quanum who Sometime liued at Sawgust now Called Linn he married a Second wife & liued at Nahant and himfelfe in after times liued about Miftick & that he well knew all thofe parts about Salem Marblehead & Linn & that Salem & ye riuer running vp between that Neck of land & Bafs Riuer was Caled Naamkeke & ye Riuer between Salem & Marblehead was Caled Mafhabequash alfo he Sais he well knew Sagamore George wth no Nofe who married ye De- ponents Owne Sister Named Joane who died about a yeare Since & Sagamore George No Nofe left Two daughters Named Sicilye & Sarah & Two grand Children by his Son Nonnumpanumhow ye one Caled David & ye other wut- tannoh & I My Selfe am One of thier kindred as before & James Rumnimafhs mother is one of Sagamore George his kindred & I know Two squawes more liuing now about pen- nekooke one Named Pahpochkfitt & ye others name I know not & I know ye Grandmother of Thefe 2 Squawes Named Wenuhuf She was a principle proprietor of thofe lands about Naamkege & Salem all thefe perfons aboue named are Con- cerned in ye Antient propriety to ye lands aboue mentioned the marke of
THOMAS U QUEAKUSSEN alias CAPt TOM :
Thomas Queakufsen alias Capt Tom : psonaly appeared before me at Cambridge The Day & yeare aboue written & being an Indian of good repute & profefsing ye Christian Religion & being Examined Knew ye nature of an Oath did depofe vnto ye Truth of what is aboue written ye 17th of 7 ber 1686. before me Daniel Gookin Sent appointed & author- ifed by ye prefident & deputy prefident of his Majties Territory in New England to be ye Ruler among ye Christian Indians
Thomas Queakvfsen alias Capt Tom affirmed ye Truth of his aboue written Euidence on ye former Oath before me BARTHO. GEDNEY one of ye Councill
[10]
The Testimony of old Mahanton aged about ninety yeares Saith that ye Land that is Testified about by Seuerall ancient Indians that are Deceafed which did belong to Sagamore George as is Exprefsed in ye Euidence is ye Truth & pro- perly doth now belong to Dauid that is old Sagamore George his Grandchild & Scicily & Sarah ye daughters of Sagamore George & ye wife of John Owufsumug now a widow Peter Ephraims wife & ye wife of Appooquahamock thier daughter & old Mahanton & James Rumney Marsh by right of his mother a neer kinsman of Sagamore George in his life- time & This he ye Said Nahanton doth offer to Testify vpon Oath
Taken vpon Oath the Seauenth Day of October by old Mahanton before me at Cambridge as attest : Daniel Gookin Senr J : of peace & Ruler of ye Indians
Dated ye Seuenth Day of October 1686.
The Testimony of Daniel Tookuwompbait & Thomas Wauban Saith that Sagamore George when he came from Bar- bados he liued Sometime and dyed at ye houfe of James Rum- ley Marsh ye Said Daniel heard ye Said Sagamore George Speake it & ye Said Thomas Saith he heard his father Old Wa- bun Speak it that all that land that belonged to him that is from ye Riuer of Salem alias Nahumkeke riuer: vp to Malden mill brooke running from a pond Called Spott pond that before his death he left all this land belonging to him vnto his kinsman James Rumley Marsh vpon ye Condition that he would looke after it to procure it This they offer to Testify vpon Oath ye 2ª day of October 1686. as Witnis thier hands
DANIEL TOOKUWOMPBAIT THOMAS WAUBAN
The Two persons aboue named viz Daniel Tookuwompbait pastor of ye Church at Natick aged about 36 yeares & Thomas Waban a member of ye Church aged 25 yeares being Examined touching ye Nature of an Oath they both made Oath before me this Second of October 1686 vnto ye Truth of the
[ II ]
abouesd Testimony as is Attested p me Daniel Gookin Juf- tice of peace & Ruler of ye Christian Indians
John Waabaquin alias John Magus of Natick aged about fiuety fiue yeares doe Testifie that I haue not only heard my aged father lately Deceafed yt almost a hundred yeares of Age when he dyed Say But I know my Selfe that thofe lands where Salem Stands & parts adjacent was ye rightfull pofsefsion & Inheritance of Sagamore George no nofe Called winnepur- kin & his father & ancestors: & doth now belong to his Children & grand Children viz Sicily & Sarah his Two daugh- ters & Dauid his Grandson by his father Deced Ma-na-tach- que and Dauid had another Brother but I haue not Seen him lately And thier other kindred are Thomas Quehufson & James Rumny marsh alias Munminquash and alfoe I haue under- stood that Naamkeke Riuer is ye riuer that runns vp on ye North East of Salem Towne wch is now as I understood named Bafs riuer
Taken upon Oath before me by John Magus who is a Christian Indian & a Ruler of them at Natick & well un- derstand the Nature of An Oath : Taken ye Seuenth Day of October 1686. before me Daniel Gookin J: of peace & Ruler of ye Indians p order
The Testimony of John Devoreux of Marblehead aged about Eighty years Testifieth & Saith yt about ye yeare of Our Lord One thoufand Six hundred & Thirty I came ouer from old England to New England & ye place of my abode and refidence has been at Salem & Marblehead Euer Since & when I came hither here was an old Sqwah Called old Sqwaw Sachem ye Sqwaw of ye Deced Sachem which had three reputed Sons viz John James & George whoe were ye Reputed Sachems & Owners of all ye Lands in thefe parts as Salem Marblehead Linn & as farr as Miftick & in thofe dayes ye Land where Salem Towne now Stands & ye Lands adja- cent was Called Nahumkege by ye Indians & English Then
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Inhabiting in thefe parts : Sworne marblehead December ye 24. 1694. before vs.
JOHN HATHORNE Just. Pe &' Coram BENJAMIN BROWNE JOHN HIGGINSON Juste peace
To ye best of my Remembrance when I came Ouer with my father to this place in ye yeare 1629 being then about 13 yeares old there was in these parts a widow woman Called Sqwaw Sachem who had 3 Sons Sagamore John kept at Mif- tick Sagomore James at Saugust & Sagamore George here at Naumkeke Whether he was Actual Sachem here I Cannot Say for he was young then about my Age & I thinke there was An Elder man yt was at least his Guardian but ye Indian Towne of Wigwams was on ye North Side of ye North riuer not farre from Simondes's & yn both ye north & South Side of that Riuer was together Called Naumkeke So that I remem- ber Seuerall that wrote ouer Then to Their friends in England sd yt ye Indian name of ye place where they were building a Towne Called Salem was Naumkeke :
JOHN HIGGINSON
Att A Generall Sesfions of ye peace holden at Salem De- cember ye 25th 1694 : mr John Higginson Pastor of ye Church at Salem made Oath to ye Truth of ye aboue written Euidence to which [h]is name is Subfcribed
Jurat in Court
attest STEPH. SEWALL Clere
Nanepashemet, the chief of the great Massachu- setts tribe, was killed in 1619, and therefore was un- known personally to the English settlers. He lived at what is now Medford. His widow married Web- cowit, assumed the command of the tribe, and was known as Squaw Sachem. He left five children, one of whom, Sagamore James, became a sachem at Sau-
[ 13 ]
gus, and another at Winnesimet,' now the city of Chelsea.
The principal settlement of the Naumkeag Indians was apparently within the limits of the city of Salem. The bay and streams offered special inducements for the home of such a race. The grant made to Gov- ernor John Endecott was called by the Indians Wah- quainesehcok,2 and the point of land granted to Rev. Samuel Skelton, Wahquack.3 The river on the north- eastern side of Wahquack was called Pouomeneuh- cant and is now known as Porter's River. The river between the grants was called Conamabsquenooncant ; and that to the south of the Endecott grant was called Soewamapenessett. The river now known as Danvers River, leading from Danversport to North River and Beverly Harbor, was called Orkhussunt.4 Forest River was called Massabequash.5 Naugus Head, in Marble- head, is undoubtedly the ancient Indian name for that headland, as it is called very early "Nogg's head," which is a phonetic form of writing " Naugus Head." Suntaug Lake, in Peabody and Lynn, is supposed to have been so called by the aborigines. Squamscott, now the town of Swampscott, is a name signifying " broken
I Handbook of American Indians, Washington, 1907, volume 11, page 207.
2 Records of the Massachusetts Bay Colony, Boston, 1853, volume I, page 97. This grant was made July 3, 1632.
3 Records of the Massachusetts Bay Colony, Boston, 1853, volume I, page 97. This grant was made the same day as the Endecott grant.
4 Records of the Massachusetts Bay Colony, Boston, 1853, volume I, page 97.
5 Deposition of James Rumney Marsh, aged about fifty, son of John, an Indian, September 7, 1686. - Essex Registry of Deeds, book II, leaf 131.
[ 14 ]
waters." I Nahant is a short form of the word Nahan- teau, signifying twins,2 or two united.3 Dr. R. A. Douglas-Lithgow says the word means " At the point," or twin islands.4 In a deed of John Gorges to Sir William Brereton, of Handforth, Chester County, England, baronet, January 20, 1628-29, preserved in the Massachusetts archives, it is called Cape Nahannte.5 Lynn and Saugus constituted the ancient Saugus, a word which means the outlet or wet or over- flowed grass land.' Hewitt says it means a small out- let. Alonzo Lewis stated that it signified " great," or " extended."6 The English settlers first called it by its Indian name; and the words of the incorporation of the town, in 1637, are "Saugust is called Lin." 7 Saugus River was called Abousett River.6 The terri- tory of Topsfield, on Ipswich River, was known as Shenewemedy.8 The original town of Andover was called Cochickawick, a word which means " the place of the great cascade." 9 This locality was probably so called because of the falls at Lawrence. This is the usual way of spelling the name. Rev. Nathaniel Ward
1 Dr. R. A. Douglas-Lithgow, in his Dictionary of American Indian Place and Proper Names in New England.
2 Gazetteer of Massachusetts, by Rev. Elias Nason, page 352.
3 History of Lynn, by Alonzo Lewis, page 58.
4 Dictionary of American Indian Place and Proper Names in New England.
5 History of Lynn, by Alonzo Lewis, page 31.
6 History of Lynn, by Alonzo Lewis, page 57.
7 Records of the Massachusetts Bay Colony, Boston, 1853, volume I, page 211.
8 Gazetteer of Massachusetts, by Rev. Elias Nason, page 504.
9 New Hampshire Historical Society's Collections, volume 8, page 451.
[ 15 ]
wrote it Quichechacke and Quichichwich.' Rev. John Woodbridge spelled it Quichichwich in a letter to Governor John Winthrop in 1640-41.2 The name was also called Queacheck and Quyacheck. The stream running through Cochickawick was called Shawshin River, which is said to mean smooth, or glossy.3 The name is also spelled Shashene, Shashin, Shashine, Shawsheen and Shawshene; but Shawshin appears to be the early and most general of the various spellings. It is so called by Captain Edward Johnson, in his Wonder Working Providence of Zion's Saviour in New England, about 1648, and in deed of Job Clements, of Dover, and wife Lydia to Joseph Jewett, of Row- ley, May 19, 1657-58.4 In the deed of Samuel Blanch- ard, of Charlestown, to John Asslebee, of Andover, April 7, 1662, this river is called Quechig.5
The designations given by the Indians to the vari- ous localities and streams and ponds were descriptive of the places or waters to which they were applied.
I History of Andover, by Miss Sarah Loring Bailey, page 2.
2 History of Andover, by Miss Sarah Loring Bailey, page 5.
3 Dictionary of American Indian Place and Proper Names in New England, by Dr. R. A. Douglas-Lithgow.
4 Old Norfolk Registry of Deeds, book 1, leaf 72.
5 Essex Registry of Deeds, book 15, leaf 129.
RIGHT TO THE SOIL
THE title which the Indians had to the soil has been much debated. Though the courts decided many years ago that the Indians had no title, it is doubtful if the justices understood the substantive facts. The Algonquin race were not like most others. They were not nomadic, and held possession of the territory generation after generation, replanting their fields as regularly as spring returned. They cultivated and possessed the soil in a manner similar to the English settlers of Salem and Beverly, who years later claimed that they themselves had title to the land through its possession and cultivation. The various tribes had boundaries to their tribal territory as definite as their occasions demanded, and fully as certain and exact as those of the earlier of the English settlers.
The argument may have been that, as adverse pos- session for a long time gives rise to the presumption that there was originally a grant, such a presumption would not apply to the case of the Indians, as there was no person or authority who could have made such a grant. This argument proceeds still further, upon the idea that all titles to be effective must be transferred according to English rules or custom.
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