“Simon Willard was the leader of the small Concord Massachusetts Bay Company, made up of Peter Bulkeley, the minister, John Jones, the teaching elder, *George Wheeler Sr. and family and 11 other Colonists and families, sturdy Englishmen from Kent, Surrey, Yorkshire and *Bedfordshire, who had come to New England during in the “great emigration from England”.
The Company had secured from the Massachusetts Bay General Court acts of colonization, purchase and incorporation granting them “six-square-miles and the name Concord dated September 2, 1635.” [^History of Concord, John Keyes, Originally Published in D. Hamilton Hurd's History of Middlesex County, MA with Biographical Sketches of Pioneers and Prominent Men, Philadelphia, J. W. Lewis & Co, 1890]
George Wheeler Sr. came to Concord about the. year 1635 with his wife Katherine Penn and several children. Walcott in his History of Concord asserts that he was one of the few men who " were foremost in the town's business, by virtue of their large estates as well as their integrity and good judgment."
George Wheeler Sr. was a man of education, and the owner of a large amount of property. His house lot alone consisting of 11 acres, while he possessed lands in every part of the town, at Brook Meadows, Fairhaven Meadow, the Cranefield, by Walden Pond, Goose Pond, Flint's Pond, on the White Pond Plain, on the Sudbury line, etc.
He held as many positions of trust and was as active in the direction of the town's affairs as any individual in Concord, serving at various times on substantially every committee of consequence, and leading in all matters of moment, as is evidenced by the fact that nearly every town deed and petition of any importance from either the Church or the civic community of that time bears his signature.
George Wheeler Sr.’s many Concord, MA properties, including his present ‘Whole Communal' heirs’ 1635 Indian Treaty North Walden Pond 44 acres with shoreline Sacred Baptismal 1st Title Deed Land Patent and 6-square-mile Concord, MA colleague Colonists’ properties’ Rights were intentionally Sovereignly Purchased and Incorporated under their own names I.e. experienced George Wheeler Sr. and colleague Colonists.
George Wheeler Sr’s 1635 Indian Treaty 44 acres North Walden Pond is a 'Native Indian Land Patent' and known in law as the '1st Title Deed' and a 'Letters Patent' and is issued to the original grantee and to their rightful-descendant-heirs and assigns forever.
Rights were Sovereignly cessioned (ceded) by the Native American Indians eliminating King Charles I’s corporation intervention and partnership and eliminating Sovereign Purchase under the English Crown in accordance with International Law.
Legislated ‘Constitutional Supreme Law of the Land’ Indian Treaties are to protect both contract parties, Indian Tribes’ and Colonists’ properties from state ‘Seizure’, adverse possession, purchase, alteration, evocation and disestablishments and have not statute of limitations, like the U.S. Constitution and the Bill of Rights.
Based on the “grounds of property fraud, the question,” Q: did Ralph Waldo Emerson own the NorthWalden Pond 44 acres property? The answer A: “is null and void.” ‘has no effect’. [Black’s Law dictionary]; ‘has no force, binding power, or validity”. [Merriam-Webster]; NWP44A are not to be confused with Emerson’s legitimate ownership of the SouthWalden Pond 41 acres. The 2 different properties apparently were easily confused and then bundled together; when the 2 North and South properties were bundled together as if belonging in the one South deed was the inadvertent or advertent fraud. [precedent example SCOTUS United States v. Throckmorton. 98 U.S. 61, 25 L.Ed. 93, October 1878 Term, APPEAL from the Circuit Court United States District of California. The facts are stated in the opinion of the court. Mr. Walter Van Dyke for the appellant. Mr. Delos Lake, contra. MR. Justice Miller delivered the opinion of the court.]
The Massachusetts Department of Conservation and Recreation’s (DCR) have no valid documents on which to support their claims that Ralph Waldo Emerson actually purchased, recorded and owned the 13 acres and 80 rods, the Thoreau Cabin Site, within George Wheeler Sr’s 1635 Indian Treaty North Walden Pond 44 acres 1st title Deed purchased Land Patent, that George Wheeler Sr. bequeathed to son John Wheeler (born 1643) that John Wheeler and deceased 1725 widow Sarah Larkin Wheeler’s 8 children’s ‘Whole Communal descendant heirs’’ ownership.
The records disprove the DCR’s claim. Detailed records follow in this workbook https://georgejohnwheelerindiantreatywaldenpond.com/ that substantiate the Wheeler ‘Whole Communal’ heirs’ ownership.
‘Whole Communal descendant-heirs’ ownership continue now to own 1635 Indian Treaty North Walden Pond 44 acres 1st title Deed purchased Land Patent in perpetuity. [SCOTUS United States v. Throckmorton 98 U.S. 61 25 L.Ed. 93 October Term, 1878 Appeal from the Circuit Court of the United States for the District of California]
Similarly DCR claims and signage throughout the 'Walden Pond Reservation State Park' that Emerson owned 13 acres and 80 rods within George Wheeler Sr’s 1635 Indian Treaty North Walden Pond 44 acres 1st title Deed purchased Land Patent are ownership History Negationism and History Falsifications and must be corrected immediately.
9th Great Grandfather, 1635 Concord MA Bay Colonist, George Wheeler Sr., bequeathed one of his many Sovereign properties, the 1635 Indian Treaty North Walden Pond 44 acres 1st Title Deed Land Patent (NWP44A) with shoreline Baptismal, to his son and sole surviving will and probate executor John Wheeler (born 1643) that passed to his widow, Sarah Larkin Wheeler death 1725 and then by Intestate Succession to their 8 surviving children's ‘Whole Communal descendant-heirs’ generation after generation. George Wheeler Sr. intended the shoreline to be a permanent Puritan community Baptismal. [Please see Chapter 2. 'The Puritan Mind and Walden Pond Baptismal'] [*like a Tribe, SCOTUS McGirt]
George Wheeler Sr. owned all the 1635 Indian Treaty land he purchased from the Indians, described and bequeathed in his will and probate. 8th GGF John Wheeler was George Wheeler's surviving Probate Executor, 8 June 1687. Son Captain Thomas Wheeler was named co-executor with John initially but died [see ^History] the same year 1687 King Phillips’ War (1675–1678) wounds before George Wheeler Sr.'s probate. John Wheeler transferred to deceased brother Thomas Wheeler's family the more useful at the time Flint's Pond and exchanged to himself the less desirous, infertile, nonproductive, except for woodland timber NWP44A. 'Thoreau's Beanfield' was a testament about the NWP44A desirelessness reported in chapters that follow. https://georgejohnwheelerindiantreatywaldenpond.com/
[See detailed court testimony reviewing Native Indian-Concord, MA 1635 Indian Treaty agreements and promises, Special Collections, Concord Free Public Library, Anke Voss, Curator] [See George Wheeler Sr.'s Will: https://www.werelate.org/wiki/Person:George_Wheeler_(2)
The only North Walden Pond 44 acres (NWP44A) ownership instruments are:
- George Wheeler Sr.’s handwritten, validated and approved will January 28, 1684 and validated, approved probate June 2, 1687 (Suffolk Prob. Reg. Vol. X fol. 1) and
- John Wheeler 1643-1713, NWP44A bequeathed owner died at Concord on Sept 27, 1713. [4] [2] Probate record in Middlesex County Probate Records, Packet #24,290 was an agreement for settlement of the John Wheeler estate dated October 21, 1713. That document reads [transcribed from FHL Microfilm 0,432,078]: details in reference. An agreement for the settlement of John Wheeler's estate in October, 1719 was made by: his widow Sarah Larkin Wheeler, sons Samuel, Edward, and Ebenezer, sons-in-law William Woodbury, John Meriam, Timothy Wheeler, Samuel Prescott, and Jonas Prescott on behalf of their wives. [2]. widow, Sara Larkin Wheeler ruled and preferred and the family agreed for 7th GGF Ebenezer Wheeler named executor and to make the division and distribution of the ‘considerable moveable estate’ when Sara Larkin Wheeler died. Widow Sarah died August 12, 1725 at Concord. [4] [2].
- But 7th GGF Ebenezer Wheeler never consummated the division and distribution of the ‘considerable moveable estate’; the ‘considerable moveable estate’ remained intact and John Wheeler b. 1643 and widow d. 1725 Sarah Larkin Wheeler’s 8 children’s were the ‘Whole Communal’ descendant heirs, generation after generation until now and perpetually forever, accidentally or on purpose. George Wheeler Sr. Intended the NWP44A remain a sacred Cathedral of Nature and shoreline remain a Baptismal are the only ownership instruments for NWP44A on record.
- NWP44A Deed and Title Search doesn't lead from George Wheeler Sr's 1684 Will, 1684 Probate and Concord Free Public Library Special Collections to Emerson's NWP44A ownership as depicted on Walden Pond Park history and signage.
- 'Walden Pond Reservation State Park' has no clear ownership, deed and title, as no other persons or entities, for George Wheeler Sr.'s 1635 Indian Treaty North Walden Pond 44 acres 1st Title Deed Land Patent (NWP44A) following the state of Massachusetts' Unconstitutional 1955 Eminent Domain Condemnation and Seizure by the Department of Natural Resources’ (DNR) for the 'Park'.
‘The Society for Walden Pond and George Wheeler Sr.’s History Restoration, Education and Preservation including Henry David Thoreau and Native Indian’s ‘Cathedral of Nature’’ voted and November 26, 2021 ‘The Society’ requested The Attorney General bring a Civil Property Rights Violation Resolution by Proclamation Action.
The 1635 Indian Treaty is a contract between 2 parties, Concord, Massachusetts Bay Colony Sovereign colonists, purchasers and Incorporators and the Native American Indian Tribe, Squaw Sachem and her Pennacook Indian Tribe, a sub-Tribe of the Nipmuc 1st Nation. During the 1635 Concord Indian Treaty agreements and promises, Native American Indian Tribe ceded all their Indian Tribes’ and Nations’ Sovereign ‘Rights’ to the Puritans and their families who named the settlement, Concord.
1968 Indian Civil Rights Act (ICRA) is a Federal Law that proclaims Indian Tribal Governments cannot pass laws that violate Indians Individual Rights. And also impliedly created a federal civil remedy for violation of the rights guaranteed by the ICRA. 5. Civil Indian Treaty and Sovereign Property Rights Violations.
“1968 Indian Civil Rights Act (ICRA) provides for a trial in federal court for the deprivation of civil rights 139 and a provision to allow the Attorney General to bring civil or criminal actions to prove Contract Rights of Indian Treaty Contractual Parties’. 14”(Michigan Law Review, Implication of Civil Remedies Under the Indian Civil Rights Act, 75 MICH. L. REV. 210 (1976).
https://repository.law.umich.edu/mlr/vol75/iss1/10 and
https://repository.law.umich.edu/cgi/viewcontent.cgi?article=4010&context=mlr )
Concisely as possible, this is a Civil Rights Indian Treaty reparation actions request to the Attorney General and Justice Department for Civil Property Ownership Rights and Civil Property History Rights Violations of Concord, Massachusetts Bay Colonist George Wheeler Sr.’s 1635 Indian Treaty North Walden Pond 44 acres Ist Title Deed Sovereign Land Patent with shoreline Sacred Baptismal (NWP44A) that George Wheeler Sr.'s 1684 Will and 1687 Probate had bequeathed to son John Wheeler born 1643, and subsequently, John Wheeler's widow, died August 12, 1725 Sarah Larkin Wheeler passed to their 8 children's ‘Whole Communal descendant heirs’ families perpetuitously.
- As a one of the 14 members of the Concord, Massachusetts Bay Colony, George Wheeler Sr. purchased for himself the cessioned (ceded) 1635 Indian Treaty NWP44A 1st Title Deed Sovereign Land Patent with sacred shoreline Baptismal.
- In 2021 ‘The Society for Walden Pond and George Wheeler Sr.’s History Restoration, Education and Preservation including Henry David Thoreau and Native Indian’s ‘Cathedral of Nature’’ requested the Attorney General and Justice Department to Enforce George Wheeler Sr.’s 1684 Will and 1687 Probate ‘Whole Communal descendant heirs’ families’ NWP44A Civil Property Ownership Rights and Civil Property Ownership History Rights Violations.
- 'The Society" requests the Attorney General and Justice Department require correction actions for Walden Pond Reservation State Park false NWP44A ownership, history and information claims and incorrect NWP44A ownership, history and information advertising, publications and Walden Pond Reservation State Park signage and resolve the Historical ownership Negationism and Ownership falsifications proclamations.
- ‘The Society’ agrees that the Massachusetts Department of Conservation and Recreation (DCR) will continue to carefully and securely manage and maintain environmental protection for the 1635 Indian Treaty NWP44A section of the Walden Pond State Reservation Park.
- ‘The Society’ agrees George Wheeler Sr’s 1635 Indian Treaty NWP44A 1st Title Deed Sovereign Land Patent and sacred shoreline Baptismal belong for the peoples’ spiritual enjoyment and initiate scheduled Baptisms just as current swimming policies in the Walden Pond State Reservation Park, but with the correct published histories addressed by the ‘Society’s title.. [Title Search and Reference https://georgejohnwheelerindiantreatywaldenpond.com/
- George Wheeler Sr.'s NorthWP44A 1st Title Deed Sovereign Land Patent that enclosed Thoreau's Cabin site on Emerson's 13 acres and 80 rods deedless 'Squat' that Emerson purchased from administrator Cyrus Stow for John and Thomas Wyman's deedless 'Squatted' estate, is not to be confused with Emerson’s legitimate ownership of the SouthWP41A. The 2 different properties apparently were easily confused when the 2 North and South properties were bundled together into an inadvertent mistaken or advertent fraudulent instrument when the Emerson family donated deedless Quitclaim properties to Massachusetts as if belonging together within the one South deed which was the inadvertent or advertent past source of all the current NWP44A fraudulent instrument claiming ownership and history falsification confusion.
- [Proof of QUITCLAIM deedless North WP44A bundled with South WP41A and donated to state of MA were found in 'Folder 1: Photocopied 1922 deed of gift for Walden Pond in Jacqueline Davison - Malcolm Ferguson Papers, Special Section, Concord Free Public,Library, Curator Ms. Anke Voss]
- [precedent example SCOTUS United States v. Throckmorton. 98 U.S. 61, 25 L.Ed. 93, October 1878 Term, APPEAL from the Circuit Court United States District of California. The facts are stated in the opinion of the court. Mr. Walter Van Dyke for the appellant. Mr. Delos Lake, contra. MR. Justice Miller delivered the opinion of the court.]
George Wheeler Sr’s 1635 Indian Treaty North Walden Pond 44 acres 1st Title Deed Sovereign Land Patent (NWP44A) should be upheld, just as Cherokee and Creek Indian Tribes’ Oklahoma Reservation with all Sovereign Rights as agreed and promised in their 1832 and 1833 Native American Indian Treaties as decided by SCOTUS McGirt v. Oklahoma 2020.
NWP44A, that George Wheeler Sr. intended the sacred shoreline be a Baptismal forever, that George Wheeler Sr.
bequeathed to son John Wheeler b. 1643, whose widow Sarah Larkin Wheeler d. 1725 and John and Sarah Larkin Wheelers’ 8 Children’s ‘Whole Communal’ Wheeler families’ descendant heirs’ never offered the NWP44A for sale. Therefore, George Wheeler Sr’s 1635 Indian Treaty NWP44A should be upheld just as SCOTUS upheld McGirt v. Oklahoma 2020.
Altering, revoking and/or disestablishing George Wheeler Sr’s 1635 Concord Massachusetts Bay Colony-Indian Treaty NWP44A contract, ‘the Supreme Law of the Land’, ‘the Supremacy Clause’, would be complicated, tragic and Unconstitutional and require an Act of U.S. Congress as only “U.S. Congress must say so”.
George Wheeler Sr’s 1635 Concord Massachusetts Bay Colony-Indian Treaty contract must be Upheld just as ”The United States Supreme Court Upheld the American Indian Treaty promises and ordered the state of Oklahoma to follow Federal Law.”[Kirsten Matoy Carlson, July 10, 2020, The Conversation] [*SCOTUS McGirt v. Ok 2020] [The Indian Law Bombshell: McGirt V. OK, Robert J. Miller & Torey Dolan, Boston Univ Law Review, Vol. 101:2049, https://www.bu.edu/bulawreview/files/2022/01/MILLER-DOLAN.pdf]
An across the board trifecta ‘failed Eminent Domaine ‘Takings Clause’ with a rewarded ‘war chest’ to the Wheeler family in escrow from the state of Massachusetts is unnecessary and irresponsible, when ownership and history reparations are all that are requested and required.
The ‘Workbook’ reference has all the necessary information https://georgejohnwheelerindiantreatywaldenpond.com.
“Broken Indian Treaty Restorative Justice” is deserved for both 1635 Indian Treaty contracting parties i.e. NWP44A Wheeler Families' 'Whole Communal' Descendant-Heirs and Indian Tribes; Broken Indian Treaty injustices the Wheeler Families' Descendant-Heirs have suffered and the Indian Tribes will potentially suffer are not deserved.
The following Chapters document the histories and banter the arguments back and forth deriving the above Conclusion.
States can only do what the U.S. Constitution allows them to do. [Pete Williams] Only the original owner George Wheeler Sr.’s bequeathed son John Wheeler (born 1643) and widow (died 1725) Sarah Larkin Wheeler’s ‘Whole Communal descendant-heirs’ perpetually, generation after generation, were Constitutionally allowed to sale, trade and/or transfer the 1635 Indian Treaty NWP44A, but never transacted and never recorded a NWP44A property transaction.
George Wheeler Sr.'s 1684 Will and 1687 Probate bequeathed the NWP44a to sole executor son John Wheeler born 1643, who died intestate September 27, 1713. Subsequently, John Wheeler's widow, Sara Larkin Wheeler died Intestate Succession August 12, 1725. John and Sarah Larkin Wheeler's son Ebenezer Wheeler was appointed Personal Representative (PR) by the family to administer both parents' intestate estates.
Son Ebenezer Wheeler had legal priority to collect, manage and transfer both parents' estate properties. Intentionally or accidentally, Ebenezer Wheeler did not divide and transfer the estate properties. Providentially, the NWP44A with its shoreline Baptismal remained undamaged and unaffected. Therefore, John and Sarah Larkin Wheelers' 8 living children's generations after generations en bloc together continue to own the 1635 Indian Treaty NWP44A ‘Whole Communal descendant-heirs’ Land Patent. [Middlesex County Probate Records, Packet #24,290 was an agreement for settlement of the John Wheeler estate dated October 21, 1713. That document reads, transcribed from FHL Microfilm 0,432,078]
Sara Larkin Wheeler's Intestate Succession then appropriately and automatically passed and conveyed the NWP44A ownership held by the deceased widow to the rightful descendant-heirs, John (b. 1643) and Sara Larkin (d.1725) Wheelers' 8 living children and then automatically passed and conveyed the ‘Whole Communal descendant-heirs’ Land Patent" en bloc together to their generations after generations, contractually similar to Communal Indian Tribe's Reservation [SCOTUS McGirt v. OK 2020][E.g. Creeks Treaty [Arts. III and IV, Feb. 14, 1833, 7 Stat. 419; see Marlin, 276 U. S., at 60]
[Intestate Succession, General Court of Massachusetts https://malegislature.gov/]
No NWP44A deed title ‘Whole Communal descendant-heirs’ appropriately signed by Wheeler heirs is recorded in South Middlesex County Deeds; that explains the 1922 non-Wheeler families’ Quitclaim donation deeds to state of Massachusetts described herein.
United States Democracy grew rapidly in our early history. There were education, communication and publication problems that evolved to procedural failures and mistaken legal interpretations.
The cavalcade of 1635 Indian Treaty North Walden Pond 44 acres ownership mistakes began with squatting', followed by deedless property purchases, families' Quitclaim property donations to MA state and Unconstitutional Eminent Domain ‘Seizure' of John and Sarah Larkin Wheeler’s ‘Communal’ family heirs’ Indian Treaty North Walden Pond 44 acres.
‘Takings Clause’ costly failed notifications, compensations and property better-use ED 'Seizure mistakes'.
DCR inherited the cavalcade of previous NWP44A mistakes and have been adequately notified about continued Historical Negationism [1][2] and History falsifications.[3][4] [Wikipedia].
DCR has failed to protect their public history policy to "promote and enhance our common wealth of natural, cultural and recreational resources for the well-being of all.” [Overview Department of Conservation and Recreation https://www.mass.gov/info-details/overview-of-the-department-of-conservation-and-recreation]
No legal titles and deeds are recorded to other parties including 'The Walden Pond Reservation State Park', because the U.S. Congress, as only they can do, has not altered, revoked or disestablished the 1635 Concord Massachusetts Bay-Indian Treaty that includes George Wheeler Sr's NWP44a because "States can only do what the Constitution allows them to do."[Pete Williams]
Titles and Deeds for other than Sara Larkin Wheeler's rightful descendant-heirs, her 8 children en bloc together with 1725 'Whole Communal Land Patent” for 1635 Indian Treaty NWP44a 1st Title Deed Land Patent are Unconstitutional.
Unconstitutional Eminent Domain Seizure of Indian Treaty Land, like the 1635 Indian Treaty North Walden Pond 44 acres 1st Title and Deed Land Patent was seized, is not allowed by States. [SCOTUS McGirt v. Oklahoma 20]
Only U.S. Congress legislation could have altered, revoked or disestablished and changed the ownership from Sara Larkin Wheeler's rightful descendant-heirs, her 8 children en bloc together ‘Whole Communal descendant-heirs’ Land Title” for 1635 Indian Treaty NWP44a 1st Title Deed Land Patent living in 1725 to another entity. That did not happen and has never happened.
The U.S. Congress has NOT legislated the alteration, revocation or disestablishment of the 1635 Concord Massachusetts Bay-'Musketaquid' Native Indian Treaty, ‘Supreme Constitutional Law of the Land’ and has NOT validated the Unconstitutional Eminent Domain ‘Seizure’ of George Wheeler Sr.’s NWP44A ‘1st Title Deed' Land Patent, by the State of Massachusetts, executed without proper Wheeler's rightful descendant-heirs proper notification, just compensation, that has NOT been ‘put to better use’ by the Park System; all "Seizure' requirements, but not and never were Constitutional.
George Wheeler Sr.'s 1635 Indian Treaty NWP44a '1st Title Deed' Land Patent is currently owned in 2022 as ‘Whole Communal descendant-heirs’ Land Patent” by the living rightful descendant-heirs of his son John Wheeler born 1643 and John's widow Sara Larkin Wheeler who died 1725. However, the 2nd most significant property right violations were rightful descendant-heirs and George Wheeler family histories and the legitimate Constitutional Indian Treaty NWP44a Wheeler family ownership expended and omitted by the Walden Pond State Reservation Park and others.
Laws concerning Property Rights of George Wheeler Sr.’s 1635 Indian Treaty North Walden Pond 44 acres (NWP44a) Ist Title Deed Land Patent from the Native Indians are protected by the courts as described in [“The Relationship between Property Rights and Civil Rights by Richard R. B. Powell, volume 15, Issue 2, Article 3, The Hastings Law Journal].
Primarily, the United States Constitution allows that Indian Treaty Sovereign land cessions like the NWP44a are “The Supreme Law of the Land’. NWP44a is one example of supreme U.S. Constitution protection from subordinate state and other powers.
Subordinately, the power of States governs Human health, safety, morals and general welfare of their states governed population and the properties’ natural resources.
The Tenth Amendment reserves powers to the states, as long as those powers are not delegated to the federal government. Among other powers, this includes creating school systems, overseeing state courts, creating public safety systems, managing business and trade within the state, and managing local government.
- NWP44a is one example of property that offers "WALDEN: A SACRED GEOGRAPHY", by Joy Whiteley Ackerman see in this report [ in the U.S. and Canada, Passenger and Immigration Lists Index, 1500s-1900s Detail ]
- Historically George Wheelar and family offered NWP44a sacred shoreline for baptisms that were terminated after the 1955 Eminent Domain Condemnation and Seizure by the Department of Natural Resources’ (DNR) for the 'Park'.
- Pilgrimages by thousands of visitors each year lived experiences and interpretations of Walden Pond’s Sacred Geographical landscape, Sacred Pilgrimage moments and connections, Sacred Mysticism and the innate Power of Walden Pond that physically, psychologically and spiritually moved Humans' bodies, minds and hearts.
- [Spark Notes, Walden, Henry David Thoreau 2022] “Thoreau’s description of Walden Pond in the beautiful “Ponds” chapter hints at a symbolic significance to this mysterious, deep, and pure body of water. Blue or green when seen from different angles, yet “as colorless as an equal quantity of air” when a glass of it is held up to the light, Walden Pond is profoundly indefinable. Thoreau mentions that some people “think it is bottomless,” or infinitely deep.
“Other waters make the human bather appear yellowish, but Walden gives the human body an alabaster whiteness, like a figure by Michelangelo. Since Michelangelo was a religious artist, and white a Christian symbol of purity, Walden’s infinity and mystery makes it seem divine. Indeed, water, in Christianity, through the sacrament of baptism, is a powerful symbol of a higher life in Christ.
Thoreau is never an explicitly Christian writer, but subtly Walden Pond seems to perform some of the functions traditionally performed by the church.
“Its fascinating “glassy surface” reflects heaven, “a perfect forest mirror” of the sky above. It seems a little bit of heaven on earth, and the chapter’s last line suggests that it is better than heaven, because it can be found on earth: “Talk of heaven! ye disgrace earth.”
“The living human has access to and may choose to live near the earthly pond, as Thoreau does. In a sense the pond may represent the natural soul of humankind, a bit of heaven we can discover within us, “walled-in” within our external social selves, just as Walden is walled in by its stones. [Spark Notes, Walden, Henry David Thoreau 2022]
5. *Our Wheeler families, and ‘Society for Walden Pond and George Wheeler Sr.’s History Restoration, Education and Preservation’ including Henry David Thoreau and Native Indian’s ‘Cathedral of Nature’*, anticipate family pilgrimages to our NWP44a and baptismal site that includes the authentic Thoreau Cabin site after a pathway has been cleared, that is presently overgrown.
6. *We will cordially invite all visitors to share the authentic inspirations, now by-passed, after the Wheeler families' NWP44a reclaimation and reparations.
7. Our Wheeler families' and ‘Society's "claim and exercise of property rights are consistent with the maintenance of morality and other conditions and are consistent with the maintenance of public welfare; thus the claim of property rights are operative.
8. But the state of Massachusetts Eminent Domain "claim (Seizure) and exercise of property rights are not consistent stipulations aforementioned for their claim" and must be held "not to be rightful at all.”
9. Additionally, the claim and 'Seizure' of NWP44a and shoreline baptismal by the State of Massachusetts Eminent Domain "is not right at all" because
a. legitimate pilgrimages to the actual Thoreau Cabin Site and shoreline baptismal have been bypassed b. and the NWP44a have not been put to better use as required for Eminent Domain c. and the 1635 Mustketaquid (Concord) to Puritan Massachusetts Bay Colony Indian Treaty “words” have in essence inadvertently attempted the disestablishment of the 1635 Indian Treaty; unsuccessfully of course, as only the U. S. Congress can legislate that disestablishment, but d. the maintenance of the shoreline baptismal and "moral welfare" have been eliminated.
*Associate Professor, [Pace University School of Law. B.A., J.D., Fordham University. I thank Professors Enc E. Bergsten, Donald L. Doernberg, John E. Noyes, Nicholas Triffin, and Gay1 S. Westerman for their comments upon an earlier draft of this Article]: 1. Article VI states: This Constitution, and the laws of the United States which shall be made m Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, anything in the Constitution or Laws of any State to the Contrary notwithstanding.
U.S. CONST. art. VI, cl. 2 (commonly referred to as the "Supremacy Clausen). Article III of the Constitution provides that the judicial power ''extend[s] to all Cases, in Law and Equity, arising under the Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority." U.S. CONST. art. 111, 5 2, cl. 1. The Judiciary Act of 1789, the first legislation the Senate considered, gave federal courts jurisdiction over disputes involving treaties. 1 Stat. 73 (1789) [Thomas Michael McDonnell, Defensively Invoking Treaties in American Courts-Jurisdictional Challenges Under the U.N. Drug Trafficking Convention by Foreign Dependents Kidnapped Abroad by U.S. Agents, 37 Wm. & Mary L. Rev. 1401 (1996), http://digitalcommons.pace.edu/lawfaculty/280/.]
An example: [SCOTUS p. 4 McGirt v. Oklahoma 2020] "Congress twice assured the Creeks that “[the] Treaty shall be obligatory on the contracting parties, as soon as the same shall be ratified by the United States.” 1832 Treaty, Art. XV, id., at 368; see 1833 Treaty, Art. IX, 7 Stat. 420 (“agreement shall be binding and obligatory” upon ratification). Both treaties were duly ratified and enacted as law."
The 1635 Sovereign Native Indian Treaty Land Patent Contract between the Concord Massachusetts Bay Colony, including all the Colonists, and Squaw Sachem and her Pennacook Indian sub-Tribe of the Nipmuc 1st Nation authorized cession [see photo below] of all North Walden Pond 44 acres property rights to George Wheeler Sr.
The 1635 Native Indian Treaty Land Patent, also known in law as the '1st Title Deed' and a 'Letters Patent', ceded all rights of the North Walden Pond 44 acres and his other purchased properties to George Wheeler Sr., the original grantee, and entitled his rightful descendant-heirs inheritance of the estate forever, that meant only George Wheeler Sr's heirs were legally authorized to sale his Native Indian Land Patent, as defined by law.
Indian Treaty Contracts are 'the Supreme Law of the Land'. Indian Treaty Contracts are United States Constitution and United States Congress's business and not state business. [SCOTUS McGirt v. OK]
"States can only do what The United States Constitution allows them to do."[Pete Williams 10-12-2021]
The United States Constitution does not allow a State to disestablish an Indian Treaty and 'Seize' an Indian Treaty Land Patent i.e. does not allow a State to 'Seize' a '1st Title Deed' from a Sovereign Native Indian Tribe. [SCOTUS McGirt v. Oklahoma 2020]
“This research publication is a workbook in progress and has to do with the state of Massachusetts taking the 1635 Indian Treaty North Walden Pond 44 acres from their rightful heirs.” [T. H. Minix, RN, HEDIS Project Manager at MedAssurant, retired]
Misunderstandingly occasional courts have held Indian Treaty mistakes and the mistakes have expeditiously been corrected with modernized Legal information dissemination.
"Properly functioning legal systems require people to know the law. Our knowledge of the law, however, depends on how legal information are communicated. Currently, however legal information are communicated rather poorly. We are still missing opportunities that Big Data and algorithms offer in relation to how the law is published, disseminated, and accessed."[Personalized Dissemination of Legal Information, July 2019 DOI:10.3233/FAIA190011, BooK: Knowledge of the Law in the Big Data Age (pp. 91-100), Publisher: IOS Press, Václav Janeček, University of Oxford, ResearchGate]
9th Great-Grandfather George Wheeler Sr's son and sole executor 8th Great-Grandfather John Wheeler born in Concord, MA March 19, 1643. [1] [2] [3] was bequeathed the North Walden Pond 44 acres and many other properties, purchased by his father from the Indians.
John Wheeler's rightful-descendant-heirs were instructed and complied and preserved the NWP44a that was a Puritan sacred place and not for sale. "God comes to all who are baptized with a general command to believe and repent and they receive a conditional promise of salvation. Puritan Baptism is primarily a seal of the promise of those of age to the Divine."
George Wheeler Sr. was born 1606 in Cranfield, Bedford, England. His father was Thomas Wheeler. George Wheeler Sr. was an early settler of Concord, MA: His first record in Concord was his arrival 1635. [Ancestry.com]
All England, Select Births and Christenings, 1538-1975 results for George Wheeler [Ancestry.com]
Name Baptism Date Baptism Place Relatives
George Wheler 23 Mar 1606 Cranfield, Bedford, England father -Thomas [Ancestry.com]
U.S. and International Marriage Records, 1560-1900 results for George Wheeler [ Ancestry.com]
Name Gender Birth Year Birth Place Marriage
George Wheeler Male 1605 England 1630 Katherine Pin
9th Great-Grandfather GEORGE WHEELER SR.
- married Katherine Pyn (Pin) 1630 Children in Roman Numeral order. Lineage in Counting Whole Numbers:
- I Thomas m. Hannah Harwood
- II William m. Hannah Buss
- III Ruth m. Samuel Hartwell
- IV Elizabeth m. Francis 2 Fletcher
- V Hannah m. [Samuel] Fletcher
- VI Sarah m. Francis Dudley
- * VII 8th GGF John* m. Sarah Larkin
- VIII Mary m. Eliphalet Fox
- From 8. *VII 8th GGF John* b. 19 March 1643 m. Sarah Larkin
- were 28. *7th GGF Ebenezer* b. 3 June 1682 m. Mary Minot
- and 80. *6th GGF James* b. 7 April 1722 m. Abigail Ball
Massachusetts, U.S., Town Birth Records, 1620-1850 [Ancestry.com]
6th GGF James* Wheeler Father: Ebenezer* Wheeler Mother: Mary Minott Birth: 7 Apr 1722
Ancestry.com legal records are accurate.
George Wheler Baptism Date 23 Mar 1606, Cranfield, Bedford, England and his father was Thomas Wheler [Ancestry.com FHL Film Number: 845460]
ANCESTRY.COM. Ancestry® | Genealogy, Family Trees & Family History Records
George Wheeler was son of Sir Thomas 'The Elder' Wheeler, of Odell Cranfield: Born 11 Feb 1563 Cranfield, Central Bedfordshire Unitary Authority, Bedfordshire, England. His death was 9 Feb 1634 (aged 70) Cranfield, Central Bedfordshire Unitary Authority, Bedfordshire, England and Buried St Peter and St Paul Churchyard Cranfield, Central Bedfordshire Unitary Authority, Bedfordshire, England [MEMORIAL ID99951433 · Source: Find a Grave, database and images (https://www.findagrave.com : accessed 06 March 2021), memorial page for Sir Thomas 'The Elder' Wheeler, of Odell Cranfield (11 Feb 1563–9 Feb 1634), Find a Grave Memorial no. 99951433, citing St Peter and St Paul Churchyard, Cranfield, Central Bedfordshire Unitary Authority, Bedfordshire, England ; Maintained by Anonymous (contributor 47882760)]
Thomas Wheeler family: Thomas WHEELER BIRTH: 1561, Odell, Cranfield, Bedfordshire, England CHRISTENING: 2 Mar 1565, Maulden, Bedfordshire, England DEATH: 11 Feb 1635, Cranfield, Bedfordshire, England BURIAL: 11 Feb 1635, Cranfield, Bedfordshire, England AFN: 8TX4-1L
- Father: John WHEELER Mother: Alice SAYRE Wife #1: Rebecca SAYRE 1572 - 3 May 1653 MARRIAGE: Abt 1588, of Cranfield, England + Elizabeth WHEELER 18 Jul 1602 - 17 Mar 1690
- Thomas WHEELER 20 Nov 1603 - Death,
- Timothy WHEELER 28 Dec 1604 - 30 Jul 1687,
- George WHEELER 23 Mar 1606 - 2 Jun 1687,
- Susanna WHEELER 16 Feb 1607 - 24 Mar 1649
- John WHEELER 23 Oct 1608 - Aft 1627,
- Joseph WHEELER 18 Feb 1610 - 22 Aug 1675-1676
- Elizabeth WHEELER 27 Feb 1611 - ____,
- Abiah WHEELER 17 Jan 1613 - 18 Apr 1637
- Richard WHEELER 13 Jun 1614 - 10 Feb 1676,
- Mary WHEELER 20 Oct 1615 - ____
- Ephraim WHEELER 16 Mar 1619 - 1 Nov 1670,
- Thomas WHEELER 8 Apr 1620 - 10 Dec 1676 [ancestry.com ]
"George Wheeler Sr. came to Concord, MA in 1635 with his wife Katherine Penn and several children. Walcott in his 'History of Concord' asserts that "George Wheeler was obviously an important man in town affairs. His name appears on the Concord town records the first year they were kept and every year thereafter until he died and was one of the few men who were foremost in the town's business, by virtue of their large estates, as well as their integrity and good judgment." George Wheeler Sr's affluence enabled his North Walden Pond 44 acres Land Patent righteous civic contribution, a 'sacred baptismal place' for use by the Puritan community.
The NWP44A and Baptismal, the 'historic sacred place' concept, was postulated by Thoreau's idle and Harvard colleague, Charles Stearns Wheeler and his Flint Pond Wheeler Cabin Site. Charles Stearns Wheeler heir of Flints Pond, during his lifetime was inspired by the Pond's spiritual vibrations. Henry David Thoreau's "hero", "Charles Stearns Wheeler was the Transcendentalist Pioneer Who Inspired Thoreau's Walden." [New England Historical Society].
"Thoreau's undertaking of Charles Stearns Wheeler’s friendship, whom Thoreau regarded his hero and a man he worshiped," reference heard Thoreau say…… and reference continued "Charles Stearns Wheeler suggested Thoreau’s own experiment and carry-out some special study on Walden Pond.” Another Thoreau friend, Ellery Channing claimed “Thoreau was not too humble, original and inventive and beyond following the examples of others."
Thoreau’s tax protesting inspired others to do the same. “Thoreau arrest for nonpayment of his local poll tax, which was a rather modest annual levy of $1.50 on every adult male citizen of Massachusetts. Thoreau was no neophyte when it came to tax protesting. He had stopped paying taxes several years earlier, moved to action by the anti-slavery tax protest of his friend and neighbor Amos Bronson Alcott (father of author Louisa May Alcott). Alcott had been arrested in 1843 for his own failure to pay poll taxes.”
“His tax protest and subsequent jailing became the basis for his famous essay ‘Civil Disobedience’ published in 1849. “I say, break the law,” Thoreau wrote in one of his more quotable passages from the essay. “Let your life be a counter-friction to stop the machine.” [Thoreau’s Arrest For Tax Protesting Was Illegal And It Changed The World, Jul 29, 2021, Forbes]
George Wheeler Sr's righteous civic contribution was only to be "thwarted by the 'religious agrarian myth' and overwhelmed by corruption, alienation, and immorality." An early proponent of this 'religious agrarian myth was Thomas Jefferson, a Virginian slaveholder and a French immigrant. In 'Notes on the State of Virginia (1785)', Jefferson envisioned the United States as a republic of self-determined, autonomous and virtuous farmer-citizens as “the chosen people of God” [135, 316, THE MYTHS THAT MADE AMERICA].
Jefferson juxtaposed the idealist "chosen people of God" with the corrupt tradesmen and merchants of mercantilist, from predominantly urban Europe, which for Jefferson signified corruption, alienation, and immorality" but was to be the way the world, United States and the Indian Treaty North Walden Pond 44 acres Land Patent actually turned, churned and continues.
"Chief Justice John Marshall served as the 4th Chief Justice of the United States from 1801 until his death in 1835. ["Justices 1789 to Present". Washington, D.C.: United States Supreme Court. June 5, 2018.]
"While the writings of theorists and the practices of colonizing nations lend support for Chief Justice Marshall’s conclusions, the Chief Justice’s claim of “universal recognition” of the principles underlying Johnson v. McIntosh is belied by the historical record.4 The Illinois and Wabash purchases at issue in Johnson v. McIntosh, whereby native lands were sold in 1773 and 1775 to private individuals, were by no means unprecedented.5
"An article presented the historical response to John Marshall’s claim of universal acceptance of the doctrine o' of land discovery and the diminished nature of Indian land rights. Part II of this Article sets the stage with a brief description of Johnson v. McIntosh. Part III demonstrates that Indians were viewed as early as the 1630s as the absolute and “true owners”6 of America, and as such were empowered to retain or transfer title to their lands as they saw fit.
Simply put, if the rights to land in the New World had not yet been voluntarily transferred, complete ownership remained with the Indians, “from whom alone a valid title could be derived,” and therefore colonists should “repent of receiving title by patent from a king who had no right to grant it.” [88 Washburn, supra note 87, at 25. See also BARBARA ARNEIL, JOHN LOCKE AND AMERICA: THE DEFENCE OF ENGLISH COLONIALISM 82–84 (1996); Eisinger, supra note 65, at 131–43.] [John Marshall and Indian Land Rights: A Historical Rejoinder to the Claim of “Universal Recognition” of the Doctrine of Discovery by Blake A. Watson∗. SETON HALL LAW REVIEW [Vol. 36:481, 2006) https://core.ac.uk/download/pdf/151523356.pdf]
“Neither possession of “waste” lands (vacuum domicilium) nor patent sufficed; purchase alone justified occupation. 89 Williams laid down the gauntlet: if Europeans wished to own America, they must buy America from the Indians. In the words of his biographer Edwin Gaustad, Williams questioned the very right of the English to occupy land that properly belonged to the Indians.
What was it about Christendom, Roger Williams wondered, that empowered Christian kings to give away land that wasn’t even theirs?
English colonization was nothing more than “a sin of unjust usurpation upon others’ possessions.” Indians owned the land before Europeans arrived; they would continue to own the land until appropriate purchases or agreements had been made. [9090 GAUSTAD, supra note 7, at 32. See also 1 THE CORRESPONDENCE OF ROGER WILLIAMS, 1629–1653, at 15 (Glenn W. LaFantasie ed., 1988) (setting forth Williams’ argument that the English kings had unjustly used Christianity as a rationale for depriving Indians of their rights to lands).
"A land patent assigns official ownership of a particular tract of land which has gone through various legally proscribed processes, such as surveying and documentation, followed by the letters signing, sealing, and publishing in public records, made by a sovereign entity.
"A land patent is the highest evidence of right, title and interest to a defined area. It is usually granted by a central, federal or state government to an individual, partnership, trust or private company.
"The land patent is not to be confused with a land grant. Patented lands may be lands previously granted by a sovereign authority in return for services rendered or accompanying a title or otherwise bestowed gratis, or they may be lands privately purchased by a government, individual, or legal entity from their prior owners.
"Patent" is both a process and a term. As a patent process it is somewhat parallel to gaining a patent for intellectual property including the steps of uniquely defining the property at issue, filing, processing, and granting. "Unlike intellectual property patents, which have time limits, a land patent is permanent.
"In the United States all claims of land ownership can be traced back to a land patent, a first-title deed or similar document regarding land originally owned by countries or Native American Indians. Other terms for the certificate that grants such rights include first-title deed and final certificate.
George Wheeler Sr’s 1635 Indian Treaty 44 acres North Walden Pond is a 'Native Indian Land Patent' and known in law as the '1st Title Deed' and a 'Letters Patent' and issues to the original grantee and to their heirs and assigns forever.
"The patent stands as 'Supreme Law of the Land' title to the land because it attests that all evidence of title existent before its issue date was reviewed by the sovereign authority under which it was sealed and was so sealed as irrefutable; thus, at law the land patent itself so becomes the title to the land defined within its four corners. [U.S. Department of the Interior, Bureau of Land Management, General Land Office Records, see 1. http://www.glorecords.blm.gov/details/patent/default.aspx?accession=0001-001&docClass=CV&sid=xrhhmext.4e4#patentDetailsTabIndex=1U.S. 2. https://glorecords.blm.gov/default.aspx]
