The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-12-04

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lpntes and to quiet totle accoding to
various compromises upon the estab-
lishment of state forms Of govern
lment..
Long before the American Reyolu-
tion, the crown of England had given
up hope OF being able to establish
feudal restraints on the land in
Massachusetts. The futilitJ of the
attempt was shown by the exper-
fence OF aJmes II. On coming to the.
throne. he sent Governor Andres to-
Massachusetts to attempt to put into.
practice the principles of law which,
had been established in the New
York colony under the proprietor
ship of James as the Duke of York.
Andres was given orders to set up al
personal government and was author
lied to grant land to such persons
as he might choose. His authority
was short-lived and he VS. sent back
to England by the people of Massa-
chusetts chrged with high misde-
Imeanors.
BY the+eharter of 1892, granted by
William and Mary, the successors of
James, all owners Of real estates in
Massachusetts were confirmed in
their holdings. The grant Of title
was in Its highest form, that Of free
and common soccage by fealty only,
the only reservation beyond allegi-
ance to the sovereign being that Of all
pine trees of diameter Of "a inches
or more were reserved for the use of
the royal navy. Il
The territory included in two New
England states, New Hampshire and
Rhode Island, present somewhat. DIFF
ferent incidents of title to those APP
plicable to Massachusetts,. Rhode
Island was settled by a revolutionary
association and the inception of its
land titles was a deed taken by Roger
Williams. the founder of the colony,
! from two Indian sachems
Williams conveyed his purchase by
a formal deed to his associates and
additional deeds were taken from the
Indians, original and confirmatory.
While Indian deeds were taken in
other colonies, they were either COLI
lateral and supplemental to grants
from the crown or were used as
instruments of opposition to crown
grants. The Rhode Island instance
seems to be the only one In which a
basis of title was solely derived from
transfers from the native Inhabitants.
The state of New Hampshire de-
rives its peculiar situation on the At
lantic seaboard of few miles be-
tween Massachusetts and Maine at
the mouth of the Piscataqua river
from the fact that its original settle
ment was wholly commercial in char
acter. John Mason, who was also as
ISOLATED with Gorges in the Maine
grant, obtained grant of CONNER
cial privileges at the mouth of the
river, and formed the Laconia Com
pany intended to carry on a trade
with Lac Chkamplain and ultimately
with the western lakes by way of the
Plscataqua and the waterways at its
source. The idea of a proprietorshfp
in the land was a secondary one and
was first attempted to be enforced by
asonM's heirs. Indian deeds and the
claims of Massachusetts were set up
against the Mason pretensions which
were, in effect directed toward such
a palatinate as had been created in
the southern colonies.
Massachusetts as contemplated by
! its original charter included not only
the states which have been named.
but extended west OF New York. The
western territory was coded, to the
Federal government with the other
grants of Northwest territory and in
the final settlement of boundary with
New York, the state of Vermont was
established to include the townships
and allodial holdings which had been
reduced to possession by settlers
within the limits of conflicting grants
of the colonial governments of the
two states.
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