ABSTRACT
Concord Was a Sovereign Theocratic City-State veiled a Massachusetts Bay Colony and Walden Pond was once its Sacred Baptismal Place. [https://myscientistgod.us/walden-pond-is-sacred]
Now for the rest of the first of the story: Concord's 15 Colonists and their families departed England necessarily with a Royal Crown Grant and King Charles I's good riddance. The Puritans aimed at Reformation of the Church of England. The Puritans believed King Charles I had desecrated the Church with new intolerable rituals and ordinances, especially his new French wife.
" Henrietta Maria (French Henriette-Marie, born Nov. 25, 1609, Paris, died Sept. 10, 1669, Château de Colombes, near Paris], became the new French wife of King Charles I of England and mother of Kings Charles II and James II. By openly practicing Roman Catholicism at court, she alienated many of King Charles I’s subjects. During the first part of the English Civil Wars she displayed courage and determination in mustering support for King Charles I’s cause." But Queen Henrietta Maria soon learned the Religious Wars' seriousness in 1649 when King Charles I was dethroned and beheaded and she retreated to France. [Queen Henrietta Maria, Consort of England's King Charles I, by John S. Morrill, 2021 Encyclopedia Britannica, Inc.]
King Charles I preferred that the Puritan Reformation happen abroad in New England.
The Concord Massachusetts Bay Colonists purchased the 6-square- mile ‘Musketaquid’ (Concord) with their own money and merchandise (see the Concord Free Public Library Special collections for the details) and the 15 Colonist shareholders incorporated Concord in 1635.
King Charles I had no Concord property ownership, and was not a Concord Corporation stockholder, as described in the rules and regulations of ancient Incorporations. ["The king cannot by his charter alter the law." Anthony Lowe's Case (16io, K. B.) 9 Co. Rep. 122b, 123a. ' In the Middle Ages this principle had been applied to a charter which, it was alleged, had infringed a statute. Select Cases before the Council (s. s.) 6I, 62, 66, 68, 69. "3See Warren's Case (1620, K. B.) Cro. Jac. 540; Grant, Corporations (ed.,850) 22. "Piper v. Dennis (1692, K. B.) Holt, 17o; Grant, op. Ct. 21-2. 1 City of London's Case (I6io, K. B.) 8 Co. Rep. 121b, 126b, citing a record of 32 Edw. III. "Hayward v. Fulcher (1624, K. B.) Palmar, 491, 501, per Whitlock, J. 1T3 Holdsworth, History of English Law, 369-71. YALE LAW JOURNAL] [ENGLISH CORPORATION LAW IN THE 16TH AND 17TH CENTURIES., W. S. HOLDSWORTH St. John's College, Oxford]
In 1635 George Wheeler Sr. was one of the15 Concord Colonists, Purchasers and Stockholders. "George Wheeler Sr. 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.
'Walcott in his History of Concord asserts that George Wheeler Sr. 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 judgement.
"He was a man of education and the owner of a large amount of property, his house-lot alone consisting of eleven acres. He possessed lands in every part of the town, at Brook Meadows, Fairhaven Meadow, the Cranfield, North of Walden Pond , Goose Pond, Flint's Pond, on the White Pond Plain, on the Sudbury line, etc.
George Wheeler Sr. 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 manners 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. [The Ancestry of Edward Wales Blake, Edith Bartlett Sumner, 1948, pp. 261-262] [History of the Wheeler Family in America, Albert Gallatin Wheeler, Jr. 1914 pp. 17-20]
King Charles I was engaged in England's Civil War. In 1649 He was dethroned and beheaded. Therefore, when Kingless, Concord functioned as independent Sovereign Theocratic Self-Governed City-State. Concord wrestled with the New Thrones as they ascended and vacillated from self-government to a New England priority until the Revolutionary War 1776, when the United States became the governing authority.
In an Native Indian Treaty, George Wheeler Sr. can be on the 1st or 2nd contractual side with the Native Indians on the opposite side. There is nothing magic about the words Reservation, Plantation, Tribe, Indian, Colonist, Purchaser, Shareholder, 'City on a Hill' and so on. The magic words in an Native Indian Treaty are 'contract', 'agreements' and 'promises'.
[Opinion of the SCIOTUS, 591 U. S. ____ (2020) No. 18–9526 JIMCY MCGIRT, PETITIONER v. OKLAHOMA ON WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF OKLAHOMA July 9, 2020] : II, 4 MCGIRT v. OKLAHOMA Opinion of the Court
"Start with what should be obvious: Congress established a reservation for the Native Creek Indians from the state of Georgia. In a series of treaties, Congress not only “solemnly guarantied” the land but also “establish[ed] boundary lines which will secure a country and permanent home to the whole Creek Nation of Indians.” 1832 Treaty, Art. XIV, 7 Stat. 368; 1833 Treaty, preamble, 7 Stat. 418.
"The government’s promises weren’t made gratuitously. Rather, the 1832 Treaty acknowledged that “[t]he United States are desirous that the Creeks should remove to the country west of the Mississippi” and, in service of that goal, required the Creeks to cede all lands in the East. Arts. I, XII, 7 Stat. 366, 367.
"Nor were the government’s promises meant to be delusory. 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 Creek Native Indian Treaties were duly ratified and enacted as law. Because the Tribe’s move west was ostensibly voluntary, Congress held out another assurance as well. In the statute that precipitated these negotiations, Congress authorized the President “to assure the tribe . . . that the United States will forever secure and guaranty to them . . . the country so exchanged with them.” Indian Removal Act of 1830, §3, 4 Stat. 412.
“[A]nd if they prefer it,” the bill continued, “the United States will cause a patent or grant to be made and executed to them for the same; Provided always, that such lands shall revert to the United States, if the Indians become extinct, or abandon the same.” Ibid. If agreeable to all sides, a tribe would not only enjoy the government’s solemn treaty promises; Tribe would hold legal title to its lands. It was an offer the Creek accepted. The 1833 Treaty fixed borders for what was to be a “permanent home to the whole Creek nation of Indians.” 1833 Treaty, preamble, 7 Stat. 418.
"The Treaty also established that the “United States will grant a patent, in fee simple, to the Creek nation of Indians for the land assigned said nation by this treaty.” Art. III, id., Cite as: 591 U. S. ____ (2020) 5 Opinion of the Court at 419.
"That grant came with the caveat that “the right thus guaranteed by the United States shall be continued to said tribe of Indians, so long as they shall exist as a nation, and continue to occupy the country hereby assigned to them.” Ibid. The promised patent formally issued in 1852. See Woodward v. De Graffenried, 238 U. S. 284, 293–294 (1915).
"These early treaties did not refer to the Creek lands as a “reservation”—perhaps because that word had not yet acquired such distinctive significance in federal Indian law. But we have found similar language in treaties from the same era sufficient to create a reservation. See Menominee Tribe v. United States, 391 U. S. 404, 405 (1968) (grant of land “‘for a home, to be held as Indian lands are held,’” established a reservation). And later Acts of Congress left no room for doubt.
"In 1866, the United States entered yet another treaty with the Creek Nation. This agreement reduced the size of the land set aside for the Creek, compensating the Tribe at a price of 30 cents an acre. Treaty Between the United States and the Creek Nation of Indians, Art. III, June 14, 1866, 14 Stat. 786. But Congress explicitly restated its commitment that the remaining land would “be forever set apart as a home for said Creek Nation,” which it now referred to as “the reduced Creek reservation.” Arts. III, IX, id., at 786, 788.1"
" “[O]nly Congress can divest a reservation of its land and 8 MCGIRT v. OKLAHOMA Opinion of the Court diminish its boundaries.” Solem, 465 U. S., at 470. So it’s no matter how many other promises to a tribe the federal government has already broken. If Congress wishes to break the promise of a reservation, it must say so. History shows that Congress knows how to withdraw a reservation when it can muster the will. Sometimes, legislation has provided an “[e]xplicit reference to cession” or an “unconditional commitment . . . to compensate the Indian tribe for its opened land.” Ibid.
Other times, Congress has directed that tribal lands shall be “‘restored to the public domain.’” Hagen v. Utah, 510 U. S. 399, 412 (1994) (emphasis deleted). Likewise, Congress might speak of a reservation as being “‘discontinued,’” “‘abolished,’” or “‘vacated.’” Mattz v. Arnett, 412 U. S. 481, 504, n. 22 (1973). Disestablishment has “never required any particular form of words,” Hagen, 510 U. S., at 411. But it does require that Congress clearly express its intent to do so, “[c]ommon[ly with an] ‘[e]xplicit reference to cession or other language evidencing the present and total surrender of all tribal interests.’ ” Nebraska v. Parker, 577 U. S. 481, __–__(2016) (slip op., at 6). "
"State courts generally have no jurisdiction to try Indians for conduct committed in “Indian country.” Negonsott v. Samuels, 507 U. S. 99, 102–103 (1993).
"All land within the limits of any Indian reservation are under the jurisdiction of the United States Government,
" To determine whether a tribe continues to hold a reservation, there is only one place we may look: the Acts of Congress. This Court long ago held that the Legislature wields significant constitutional authority when it comes to tribal relations, possessing even the authority to breach its own promises and treaties. Lone Wolf v. Hitchcock, 187 U. S. 553, 566–568 (1903).
"But that power, the SCOTUS has cautioned, belongs to U.S. Congress alone. Nor will the SCOTUS lightly infer such a breach once U.S. Congress has established a reservation. Solem v. Bartlett, 465 U. S. 463, 470 (1984).
Under our Constitution, States have no authority to reduce federal reservations lying within their borders. Just imagine if they did. A State could encroach on the tribal boundaries or legal rights Congress provided, and, with enough time and patience, nullify the promises made in the name of the United States. That would be at odds with the Constitution, which entrusts U.S. Congress with the authority to regulate commerce with Native Americans, and directs that federal treaties and statutes are the “supreme Law of the Land.” Art. I, §8; Art. VI, cl. 2.
"It would also leave tribal rights in the hands of the very neighbors in the state who might be least inclined to respect them. Likewise, state courts have no proper role in the adjustment of reservation borders. On the other hand, mustering the broad social consensus required to pass new U.S. Congressional legislation is a deliberately hard business under our U.S. Constitution.
"Faced with this daunting task, U.S. Congress sometimes might have wished in the past that an inconvenient troublesome, possibly illegitimate, reservation would simply have disappeared. Short of that, U.S. legislators might seek to pass laws that tiptoe to the edge of disestablishment and hope that SCOTUS judges—facing no possibility of electoral consequences themselves—will deliver the final push. Not all attempted treaties and reservations have been legitimately ratified.
"But wishes don’t make for laws, and saving the political branches the embarrassment of disestablishing a reservation is not one of our Constitutionally assigned prerogatives. “[O]nly U.S. Congress can divest a reservation of its land and 8 MCGIRT v. OKLAHOMA Opinion of the Court diminish its boundaries.” Solem, 465 U. S., at 470. So it’s no matter how many other promises to a tribe the federal government has already broken. If U.S. Congress wishes to break the promise of a illegitimate, non-ratified reservation, it must say so. [Opinion of the SCIOTUS, 591 U. S. ____ (2020) No. 18–9526 JIMCY MCGIRT, PETITIONER v. OKLAHOMA ON WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF OKLAHOMA July 9, 2020]
George Wheeler Sr., a Sovereign Concord Massachusetts Bay Colonist, Purchaser and Stockholder could have been on the -sic- Concord tribal side of the Native Indian Treaty, for example. A tribe is aka family, after all. [JSTOR] The explanatory point is a Native Indian Treaty contract is similar to any other contract. In a Native Indian Treaty contract 'what is good for the goose is good for the gander'.
Words describing the agreements and promises of a Native Indian Treaty contract matter; not the names or definitions of party 1 and party 2. 'What words in the contract, agreements and promises are good for party 1, (who might be the goose or gander or Indian Tribe or Colonists), is good for party 2 , (who might be the goose or gander or Indian Tribe or Colonists).
The U.S. Constitution, the U.S. Congress and the Supreme Court of the United States (SCOTUS) now, after SCOTUS McGirt v. Oklahoma 2020 decision, should be alerted, informed and not allow one party and side of an Indian Treaty Contract to be treated according to the agreements and promises words and the other party and side not be treated according to the agreements and promises words. An Indian Treaty contract is similar to a divorce contract. Both the husband and wife should be treated according to the agreements and promises of the contracts words. The wife can't get divorced while the husband remains married.
As decided by SCOTUS McGirt v. Oklahoma 2020, the Georgia Creek Indian Tribe was provided an Oklahoma Reservation with all Sovereign Rights as agreed and promised in their 1832 and 1833 Native Indian Treaties, that had not been provided prior to McGirt 2020 and the state of Georgia continued to keep the Creek Indian Tribes’ Georgia land that had been exchanged in the 1832 and 1833 Native Georgia Creek Indian Treaties.
The U.S. Federal Government should not allow the state of Massachusetts to continue their Eminent Domain ‘took’ of George Wheeler Sr.'s Walden Pond 44 acers from the George Wheeler Sr. family and allow the state to continue to dishonor the words of the 1635 Native Indian Treaty contract agreements and promises', that were initiated before the 'took' by the state’s North Walden Pond 44 acres ‘Squatting’ and state’s property sales, while the state continues to honor the 1635 Indian Treaty contract side and the Massachusetts Praying Town Reservations and all the Native Indian's other Treaty agreements and promises. 'What's not good for the goose is not good for the gander.'
Walden Pond Park is frequented by 500,00 national and international visitors. Worldwide communities' recognition of George Wheeler Sr. heirs' and descendant families' 1635 Native Indian Treaty North Walden Pond 44 acers ownership is essential. The George Wheeler Sr. families' and Massachusetts Bay Colonists' and Native Indians' concordance and Christianizations History Restoration, Education and Preservation’ including Henry David Thoreau and Native Indian’s ‘Cathedral of Nature’ are the owners' endeavors.
Not only was the state not authorized the Eminent Domain of federally authorized and Native Indian Treaty North Walden 44 acre properties ratified 'Supreme Law of the Land' but, in doing so, the state’s actions were doubly egregious, because the state had no legal authority to to alter, revoke, change and/or disestablish an entire Native Indian Treaty, if discovered, and triply egregious when the state failed to notify the Wheeler families about their 'take' and failed to compensate the Wheeler families for their Eminent Domain 'take'. This is U.S. Constitution, U.S. Congress and SCOTUS business, not state business.
The wrong Sovereign the State of Oklahoma convicted Enrolled Seminole Indian Jimmy McGirt that finally SCOTUS 2020 ruled overturned and everyone acknowledged and corrected the mistakes because 'what was good for the goose was not equally as good for the gander'. Only the Native Creek Indian side of the Indian Contract Treaty with the state of Georgia had been disestablished.. [SCOTUS McGIRT v. Oklahoma 2020].
The wrong Sovereign the state of Massachusetts allowed our Wheeler families’ original Indian Treaty North Walden Pond 44 acres, that in 1664 this reporter’s 9th GGFather George Wheeler Sr. bequeathed to 8th GGFather John Wheeler, that contains The Thoreau Cabin, in succession to be ‘squatted’, sold, transferred without deed and ‘Took’ in 1955 by Eminent Domain without the Wheeler families’ notification and compensation by ‘State of Massachusetts' Department of Natural Resources (DNR), and/or recorded by the state of Massachusetts and no authority ruled overturned, acknowledged and corrected the mistakes because 'what was good for the goose was not equally as good for the gander' Only the Puritan and George Wheeler Sr. side of the Pennecook Indian Treaty Contract had been altered, revoked and disestablished.
George Wheeler Sr. individually purchased and privately owned the North Walden Pond 44 acres within the Sovereign Indian Treaty 6-square-mile 'Musketaquid' (Concord).
George Wheeler Sr.’s Indian Treaty North Walden Pond 44 acres ownership began in 1635
after Squaw Sachem and the Pennacook Indians, a sub-Tribe of the Nipmuc 1st Nation signed the 1635 'Musketaquid' (Concord) Native Indian Treaties.
Squaw Sachem and the Pennacook Indians ceded, (an act of cession), their claims and surrendered all their rights of Sovereignty, (see the second photo above) over their 6-square-mile 'Musketaquid' (Concord), Indian Nation’s Country,
to the Concord Massachusetts Bay Colony and their individual Colonist, Purchaser and Stockholders (-sic- Concord tribal member for example) 1. who settled Concord, (-sic their Sovereign Tribal 'City- on a Hill', symbolically 2.)
The North Walden Pond 44 acres were a significant Concord property acreage privately owned by George Wheeler Sr. 1. [3 E. Washburn, American Law of Real Property *521–*524., SCOTUS McGIRT v. Oklahoma 2020] 2. [Governor Winthrop]
George Wheeler Sr.'s [will was dated January 28, 1684 and presented for probate June 2, 1687. Suffolk Prob. Reg. Vol. X fol. 1]
“George Wheeler Sr.’s sons Thomas and this reporter’s 8th Great-Grandfather John Wheeler were named executors, but Thomas died in 1687 and John was named sole executor. The George Wheeler Sr. will names “the children of his deceased son William, sons Thomas and John, daughters Elizabeth Fletcher, Sarah Dudley, Ruth Hartwell and Hannah Fletcher, and the children of my daughter ‘Fox' (surname)“. [George Wheeler Sr. line, The Wheeler Families of Old Concord, Massachusetts Concord Public Library https://concordlibrary.org/special-collections/wheeler-genealogy#George ]
For example, “Different kinds of individual Indian land ownership are explained in this fact sheet. [Planning for the Passing of Reservation Lands to Future Generations, March 2009 FACT SHEET #3 How reservation land is owned by individuals https://www.montana.edu/indianland/documents/factsheets/factsheet3.pdf]
“The Indian land deed will indicate whether ownership of reservation land is 1. Individually Owned Trust or Restricted Land and/or, 2. Fee Land (also known as Fee Simple Land or Fee Patent Land).”
George Wheeler Sr.’s Indian Treaty North Walden Pond 44 acres ownership began in 1635 and just as his other Indian Treaty purchased properties, North Walden Pond 44 acres are his individually owned Fee Land aka Fee Simple Land or Fee Patent Land.”
George Wheeler Sr. account is exactly like the following Example: fee land (fee simple or fee patent) means that an individual owns the property outright and that the land is not held in trust for a tribal member by the United States government. If there are no restrictions on Fee land (fee simple or fee patent), landowners can gift, bequeath or sell their fee land without Bureau of Indian Affairs or any others’ approval.
George Wheeler Sr.’s son and sole executor John Wheeler born in Concord, MA on March 19, 1643/4. [1] [2] [3] was bequeathed the North Walden Pond 44 acres and many other properties.
The only John Wheeler Middlesex County Probate Records were an agreement for settlement of 8th GGF Constable John Wheeler’s estate [Middlesex County Probate Records, Packet #24,290, a settlement of my 8t John Wheeler’s estate while, it appears, strictly guided by widow Sara Larkin Wheeler.
History indicates that Ebenezer Wheeler was busy managing John Wheeler’s ‘considerable moveable estate’ that remained the property of John Wheeler’s widow Sara Larkin Wheeler and at the same time busy managing Native Indian Praying Town Reservations progression, until Ebenezer died prematurely 1748. Grafton MA Minister John Eliot was busy Christianizing the Native Indians as planned and had written the 1st Bible ever published in the United States, the Indian Bible in Algonquin Indian language; truly remarkable historical feats that deserve recognition.
Sole executor Ebenezer Wheeler never executed the division and distribution of John Wheeler’s ‘considerable moveable estate’ as believed was to transpire assisted by widow Sara Wheeler. But, fortunately as time marched-on, John Wheeler’s ‘considerable moveable estate’ in its entirety including the North Walden Pond 44 acres remained in John Wheeler widow’s and the children’s mother’s name, Sara Larkin Wheeler who died in 1725.
There are 156,012 surnamed Wheeler persons in the United States.
As fate or planned, Intestate Succession under the Massachusetts Uniform Probate code (UPC) laws of intestacy, the system, called “per capita at each generation” is said to grant the estate in equal shares to those equally related in the nearest-successive-generation.
Two rules govern this system:
- Each surviving share in the nearest-successive-generation is allocated one equal share. If all 9 children survive the deceased single parent each will receive 1/9 of the properties.
- If 1 of 9 children does not survive the deceased single parent at the time of Intestate-Succession and that deceased nearest-successive-generation child has 4 children, each of the 4 children in that deceased next-successive-generation will receive 1/4 of the properties of that deceased nearest-successive-generation remaining share
If any in the nextest-successive-generations are deceased the remaining shares will divided in the same manner among the surviving members of the nextest-successive-generations.
This reporter is 8 successive-generations from John Wheeler’s widow or 8th Great-Grandmother Sara Larkin Wheeler's estate.
Resolution of the financial balance sheet between each heir owner and the masqueraded impersonator owners of the Wheeler Family's North Walden Pond 44 acres considering Wheeler Family's loss of income since approximately 1841 Preemption 'Squatter Law' vs taxes and other financial encumbrances remitted timely by the masqueraded impersonator owners is complicated but resolvable.
"Generally speaking state parks are losing propositions. It has become clear in recent years that state park systems, by and large, are struggling. Public funding is not meeting the needs of most systems. A fresh approach to financing parks and open space and new management approaches is needed." [ Paying for State Parks: Evaluating Alternative Approaches for the 21st Century. by Margaret Walls, 2013]
The Puritans were extremely religious. Sara Larkin Wheeler died in 1725 a widow with no spouse and mother of 9 Children and her 9 children inherited every property and everything else she owned. John Wheeler preceded Sara Larkin Wheeler in death thus her entire estate passed without probate to her 9 descendant children.
Think about widow Sara Larkin Wheeler Puritan Scenario from the following perspective:
On the 1st contractual side of the Indian Treaty Contract was the sale of the 1635 Musketaquid (Concord) signed by Squaw Sachem and her Pennacook Native Indians a sub-Tribe of the Nipmuc 1st Nation Tribe with agreements and promises relinquishing all their rights within ‘Musketaquid’ (6-mile-square Concord) to the Concord Massachusetts Bay Colony and the 2nd contractual side the 1635 Indian Treaty the Purchase of ‘Musketaquid’ (6-mile-square Concord) to the 15 shareholders and families of Concord Massachusetts Bay Colony in exchange for the provision to Pennacook Native Indians of Sovereign Massachusetts Praying Town Reservations and all other numerous associated benefits, including the subject matter of this History, Sovereign Puritan Theocratic North Walden Pond 44 acres, that was forested with Thoreau’s Natural Resources and Transcendentalism and in some minor ways like the Sioux’s Black Hills both spiritually and monetarily.
A Tribe is a family. (https://www.jstor.org/stable/23255961, JSTOR). Imagine a tribe (family) sales the North Walden Pond 44 acres to another tribe (family). Then metaphorically John Wheeler’s ‘Tribe’ owns Walden Pond 44 acres.
The 2 tribes had a binding 'Supreme Law of the Land' Indian Treaty contract. Like a marriage contract, employment contract and a land contract.
Traditionally, the Native Indians were called Tribes and had Reservations and the English settlers were called families and had Plantations. Both tribes and families theoretically equally negotiated the sale, or at least the original contracts' words will be lawfully enforced if required.
The 2 contract parties position becomes more understandable when the reader considers both of the Indian Treaty contract 2 parties as 'Tribes' and land as Reservations.
Both the Indian Tribes' and the Settler Tribes' Reservations, agreements and promises original contract words will be lawfully enforced if required. [SCOTUS McGirt v. Oklahoma 2020]
The distinction is that the authority for all Indian Treaties', with customarily 2 parties, for example Indian Tribes (families) and the Settler Tribes (families), and both their Reservations (Plantations) or Tribal (family) Lands or Tribal (family) Countries and their other agreements and promises are Federal Government and U.S. Congress business, not state business, unlike other routine contracts.
In light of SCOTUS McGirt v. Oklahoma 2020,when the Purchase of North Walden Pond 44 acres is understood were part of the agreements of the 1635 Concord MA-Indian Treaty Contract
and when understood the 1635 Concord Indian Treaty Contract has not been disestablished, revoked or altered by the U.S. Congress.
George Wheeler Sr.'s Families' North Walden Pond 44 acres ownership in 1635 continues to be George Wheeler Sr.'s Families' North Walden Pond 44 acres ownership in 2021.
An Indian Treaty Contract is in The U.S. Congress and Federal Government league of its own and out-of-bounds for States and off-limits For States governmental interference, medaling and trespassing. States are comparatively Little League volunteer umpires compared to the authority of U.S. Congress and Federal Government.
If a state Eminent Domains and 'tooks' or snatches a property from a ‘Law of the Land’ Indian Treaty contract, the Eminent Domaining state can be severely punished for failure to notify the family of its 'took' and failure to compensate the family for the 'took' and unlawful 'took' where states have no authority to 'took' and potentially other irreparable damages.
8th GGF John Wheeler’s ‘considerable moveable estate’ bequeathed form 9th GGF George Wheeler Sr. one of the 15 Concord Colonists, Purchasers and Stockholders 1635 passed directly from his widow Sara Larkin Wheeler to her 9 children, John Wheeler family.
No further probate or deeds transferred any of George Wheeler Sr. and John Wheeler’s considerable moveable Indian Treaty estate. Constable John Wheeler’s ‘considerable moveable estate’ passed directly from his widow Sara Larkin Wheeler to her 9 children, so named in the probate records:
- sons Samuel Wheeler, Edward Wheeler, and Ebenezer Wheeler
- Wives of sons-in-law William Woodbury, John Meriam, Timothy Wheeler, Samuel Prescott, and Jonas Prescott. [2]
- and subsequently the children’s heirs
- these family descendant members are easily located
No further probate or deeds transferred any of George Wheeler Sr. and John Wheeler’s considerable moveable Indian Treaty estate. [GGF John Wheeler estate dated October 21, 1713. transcribed from FHL Microfilm 0,432,078]
John Wheeler married Sarah Larkin Wheeler. John Wheeler’s son, 7th Great-Grandfather Ebenezer Wheeler born in Concord, Massachusetts, June 3, 1682 and died there February 36, 1748, was named the sole executor of John Wheeler's estate.
Following the misunderstood and misapplication of 1841 Preemption ('Squatting') Law, which was for Western migration and settlement of unowned and unoccupied Western states' land i.e. Western-Ho land rush stampedes seen in modern Western movies, but not Massachusetts and Colonial land, trespassers began 'squatting Walden Pond 44 acres as detailed in Henry David Thoreau's book 'Walden'.
The following happened: George Wheeler Sr. and his bequeathed and descendant family owned and naturally preserved the Indian Treaty North Walden Pond 44 acres from 1635 – 1845.
During the 1841 Preemption ('Squatting') Law misconception: (designed for 'Westward Ho', unowned, unoccupied Western State Territories in which Massachusetts was not included as we have seen in the stampedes in Western movies) unbeknown to the Wheeler family, in 1844 the historic Emerson-Thoreau Cabin (Shanty) 14 acres located in George Wheeler Sr.'s North Walden Pond 44 acres, were dissected from the North Walden Pond 44 acres, like removing a heart form the remainder of the Human torso, and sold by "Squatter" Thomas Wyman or his estate to the good-intentioned Ralph Waldo Emerson, apparently from the confusion. Possibly the 2 other North Walden Pond 44 acres adjacent sections that were later donated to the Massachusetts State Park System were likewise sold.
The 1845 deed, pictured below in 3 parts in a post in this report, was recorded in Middlesex County, Massachusetts and was for The South Walden Pond 41 acres that were sold by James Heywood to Abel Moore and John Hosmer who sold the South Walden Pond 41 acres to Ralph Waldo Emerson 1845 deed Book 473, pp. 351-353, Middlesex County, Massachusetts 1845.
That deed was recorded for the legitimate purchase of the South Walden Pond 41 acres.
Emerson-Thoreau Cabin (Shanty) unauthorized and deed-inaccessible Wheeler 14 acres located in George Wheeler Sr.'s North Walden Pond 44 acres and 2 other family sections without deeds pictured were donated to the Massachusetts State Park system in 1922 by the Emerson family’s grandson and others.
This reporter's 9th Great Grandfather George Wheeler Sr.'s son, 8thGreat Grandfather John Wheeler, was bequeathed George Wheeler Sr.'s 1635 Indian Treaty North Walden Pond 44 acres Land Patent, 1st Title Deed, (NWP44a) published in both George Wheeler Sr.'s 1684 will and 1687 probate. The Walden Pond 44 acres Land Patent was one of George Wheeler Sr. properties that he purchased with “cessions of all rights” directly during the 1635 Native Indian Treaty and that George Wheeler and John Wheeler’s rightful descendant-heirs peacefully and ‘concordantly’ maintained for ~200 years from 1635 to 1845 without interference. This is a courteous notice. John Wheeler’s rightful descendant-heirs currently own today in 2021. Henry David Thoreau’s authentic Cabin within Ralph Waldo Emerson's NWP44a deedless 13 acres and 80 rods that he purchased from deedless unqualified ‘Adverse Possession’ 'Squatter' Thomas Wyman's estate are different form Emerson's South Walden Pond 41 acres, that he purchased and recorded with deed in 1845 South Middlesex County records. Termination of George Wheeler Sr.'s legacy, the 1635 Indian Treaty NWP44A 1st title Deed Land Patent with sacred shoreline Puritan Baptismal, began with 'Squatter' John Wyman and then son Thomas Wyman's unqualified ‘Adverse Possession’ that was based 1st on an Unconstitutional Civil Property Rights Violation followed by a cavalcade of 3 costly, catastrophic Violations: Squatting on Colonists George Wheeler Sr.'s bequeathed son John Wheeler 's Communal descendant-heirs' 1635 Indian Treaty 1st Title Deed Land Patent was and remains a timeless federal Unconstitutional Civil Property Right Violation. Misinterpretation of 1841 Preemption ('Squatter') Law specifically designed for Western land rush of unowned, unoccupied, unsurveyed, specific dedicated land, not New England Colonies. State of Massachusetts 'Squatter” requirements violations. Executor Cyrus Stow's deedless sale to Ralph Waldo Emerson of Wyman's Squat on George Wheeler's NWP44A later that was inhabited by Thoreau and his Cabin Site. “Evidently, John Wyman having deceased in 1800 his son Thomas Wyman was not continuing in the trade and pottery was no longer made in Walden Wood where the earth was rich in clay. Farther in the woods than others, where the road approaches nearest to the pond, Wyman the potter 'squatted' and furnished townsmen with earthen ware. He left descendants to succeed him. Neither were they rich in worldly goods, holding the land by 'sufferance' while they lived; and there often the sheriff came in vain to collect the taxes, and “attached a chip,” for form’s sake, read in his accounts, there being nothing else he could lay his hands on and read potter’s clay and wheel in Scripture, but never occurred to me that the pots we use were not such as had come down unbroken from those days, or grown on trees like gourds somewhere, and I was pleased so fictile an art was ever practiced in my neighborhood.” [INDEX OF PEOPLE MENTIONED IN WALDEN - Kouroo (PDF) by Grant Volkmann 1991, 46 Pages , Posted April 14, 2020]
North Walden Pond 44 acres and surrounding pond land with adjacent shoreline, the setting of Henry David Thoreau’s ‘Walden’ was donated to the Commonwealth of Massachusetts in 1922 (in 3 'Squatter' sections, possibly al purchased from 'Squatter' Thomas Wyman) by the Emerson family 13.50 acres, Forbes family 16.38 acres, and the Hoar family 13.6 acre North of the Pond water. These (43.48 acres) are shareholder George Wheeler Sr.’s Walden Pond 44 acres stockholds, North of the shoreline and Pond water.
Other1922 donations were by the Heywood family were 7.59 acres East and by the Emerson family 41 acres South of the Walden Pond shoreline and pond water.
The Emerson family 13.50 acres (sometimes labeled14 acres) North of the Pond water and Emerson family 41 acres South of the pond water were not adjacent but separated by location North and South of Pond water. The total North and South Emerson 54.50 acres (55 acres) are often confused with George Wheeler Sr.’s North Walden Pond 44 acres. The diagram above clearly identifies the Middlesex County Emerson family 13.50 acres, Forbes family 16.38 acres, and the Hoar family 13.6 acre North of the Pond water and the South Walden Pond 41 acres with correct acreage, owner and location differences.
John Wheeler's widow Sara Larkin Wheeler’s and deceased husband John Wheeler’s ‘considerable moveable estate’ by law automatically transferred from the Widow Sara Larkin Wheeler to her collective 9 children’s names as detailed in John Wheeler’s probate and listed above without passing through probate court again.
In the final analysis, George Wheeler families' perpetual factual and truthful ownership of the ‘considerable moveable estate’ including Walden Pond 44 acres, Indian Treaty Country, is meant to be a persistent reminder of what happened in 1635.
A Puritan Theocratic Concordant Government made an indelible mark in Massachusetts as a Sovereign ‘City on the Hill’, a peaceful, concordant model for living with Native Indians as preached by Governor Winthrop.
Matthew 5:14 You are the light of the world. A city located on a hill can't be hidden.
See more details below and the following links:
https://myscientistgod.us/mbmsrmd-wheeler-ancestry
https://myscientistgod.us/walden-pond-is-sacred
https://myscientistgod.us/wheelers-walden-pond
When all is said and done, the best we 9th Great-Grandfather George Wheeler Sr. (born 1606 England) and 7th Great-Grandfather John Wheeler (born March 19, 1643 Concord, MA) heirs and descendant families and North Walden Pond 44 acres owners can expect is to
reclaim accurate George Wheeler Sr. and Concord Massachusetts Bay Colony and 1635 Indian Treaty History and reclaim recognition of George Wheeler Sr. Families’ North Walden Pond 44 acres ownership.
The Concord Free Public Library Special Collections have many special collections documenting:
- that George Wheeler Sr. was the original owner of the North Walden Pond 44 acres
- that was purchased from the Pennacook Indians, a sub-Tribe of the Nipmuc 1st Nation
- and documents maps and diagrams of North Walden Pond 44 acres ‘squatters’
- and documents Henry David Thoreau’s publication, ‘Walden’ describes himself and other squatters
- Special Collections maps, diagrams document 3 parcels of North Walden Pond 44 acres owners
- who donated their 3 parcels of North Walden Pond 44 acres to the state Massachusetts
- Special Collections and Middlesex County records reveal no deed transfers to purchasers from the bequeathed and sole executor of George Wheeler Sr.’s Will, John Wheeler and his descendant families
How can anyone justify the squatting, sale and donations of the federally protected Indian Treaty land, ‘The Constitutional Supreme Law of The Land’, the North Walden Pond 44 acres, to state of Massachusetts?
How can anyone justify the ‘took’ by Eminent Domain of the federally protected Indian Treaty land, ‘The Constitutional Supreme Law of The Land’, the North Walden Pond 44 acres, without notice or compensation to John Wheeler descendant families, to whom George Wheeler Sr. bequeathed his North Walden Pond 44 acres, who was sole George Wheeler Sr. will executor?
Eminent Domain is serious, devastating business and should not be executed thoughtlessly without thorough ownership, deed, title and permissible investigations.[SCOTUS McGIRT v. Oklahoma 2020].
Members of ‘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’ endeavor to reclaim accurate George Wheeler Sr. and Concord Massachusetts Bay Colony and 1635 Indian Treaty History and reclaim recognition of George Wheeler Sr. Families’ North Walden Pond 44 acres ownership.
‘The Society endeavors to Restore, Educate and Continue the Histories and Preservation. Thus far the Walden Pond Reservation State Park has neglected the entire North Walden Pond 44 acres history.
‘The Society for Walden Pond and George Wheeler Sr.’s History including Henry David Thoreau and Native Indian’s ‘Cathedral of Nature’ Restoration, Education and Preservation’ endeavor:
- the factual and truthful reclamation of the recognition of our (2) John Wheeler family (1 George Wheeler Sr.) family’s North Walden Pond 44 acres, that were acquired in the Native Pennacook Indian Treaty, and bequeathed from his father, George Wheeler Sr. that John Wheeler executed
- and institution of educational resources regarding the remarkable Native Pennecook Indian, Wheeler and Colonists families’ concordant history at Walden Pond Reservation State Park
- the Walden Pond historical significances and George Wheeler Sr.’s History Preservation.
- and The history of this descendant’s 9th Great-Grandfather George Wheeler Sr. and other Concord Puritan’s ‘New World Pioneering Model’, characterized by remarkable Native Indian concordance, peace and Christianization
- George Wheeler Sr. grandson, Ebenezer Wheeler, this descendant’s 7th Great- Grandfather, remarkable establishment with 39 other pioneers of Pennacook Indian ‘Praying Town’ Reservations, who also contributed to the history of the Algonquin Indian Bible, first Bible printed in the U.S. in 1661 in the Algonquin Indian language, have thus far not been recognized in the Walden Pond State Park educational systems.
- These are some of the most amazing Spiritual Colonial Pioneering and Spiritual Native Indian histories that need to be taught to all age groups.
- All need to be taught to the general public and students.
- Most importantly the facilitation of visitors quiet, solitary, meditative walks through Walden Pond Woodlands and Nature. The Practice of Nature’s Mindfulness.
- ‘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’ support these endeavors.
- Students and readers might consider the lengthy duration of this important and misfortunate history and the importance of our state and federal court systems.
Unconstitutional unauthorized personnel numerical actions and Unconstitutional MA state hostile ‘Seizure’ bulleted actions of George Wheeler Sr.’s 1635 Indian Treaty ‘Sovereign’ North Walden Pond 44 acres (NWP44A) 1st Title Deed Land Patent, specifically:
- 1. Wyman’s unauthorized personnel ‘Squatting’ adverse possession
- 2. followed by 1844 sale of Wyman’s ‘Squat’ to Emerson by estate broker Cyrus Stow
- 3. then family deedless Quitclaim donations of NWP44A ‘Squat’ to Massachusetts
- * and subsequent ‘State of Massachusetts' Department of Natural Resources (DNR) Eminent Domaine NWP44A ‘Seizure’ for 'The Walden Pond Reservation State Park'.
“’Sovereign’ legal title patents over any land requires an act of Cession (Ceded rights), the transfer of Sovereign claim one nation to another. [3 E. Washburn American Law of Real Property*521–*524.]
Therefore, George Wheeler Sr.’s 1635 Indian Treaty ‘Sovereign’ NWP44A 1st Title Deed Land Patent, purchased and ceded (cessioned) by the Indians, with Henry David Thoreau’s Cabin Site within Ralph Waldo Emerson’s 13 acre 80 rods purchased ‘Squat’, must be Upheld and Enforced as SCOTUS Upheld and Enforced “Oklahoma land reserved for the Creek Nation since the 19th century that remains ‘Indian Treaty Country’ today”. [SCOTUS McGirt v. Oklahoma 2020]