
GEORGE WHEELER SR's 1635 INDIAN TREATY NORTH WALDEN POND 44 ACRES
Wikigraphists, Leovilok, Thoreau Walden Pond map. Researchers may share, copy, distribute and transmit this picture.
Wikigraphists, Leovilok, Thoreau Walden Pond map. Researchers may share, copy, distribute and transmit this picture.
“To be ignorant of what occurred before you were born is to remain perpetually a child. For what is the worth of a human life unless it is woven into the life of our ancestors by records of history.” Marcus Tullius Cicero 106-43 BC.
This unfinished workbook in progress is about difficult to find Justice for 9th GGF George Wheeler Sr and his 1635 Indian Treaty purchased North Walden Pond 44 acres with sacred Baptismal Cove (NWP44A). George Wheeler Sr. intended the sacred shoreline Wheeler Cove to be a baptismal forever. Now tragically not to be; its not the question because Wheeler heirs' NWP44A ownership is the law.
Nov 26, 2021 our 'Society' requested U.S. Attorney General to dutifully uphold the 1635 Indian Treaty Constitutional 'Supreme Law of the Land' and enforce bequeathed son John and widow Sarah Larkin Wheeler’s families’ heirs' NWP44A ownership. See Dept Justice 59. GUIDANCE CONCERNING CONDUCT OF INDIAN LITIGATION. The AG hasn't duitfully complied.
Ralph Waldo Emerson and Henry David Thoreau popularized NWP44A but George Wheeler Sr purchased and originally owned the 1635 Indian Treaty NWP44A. George Wheeler Sr. bequeathed NWP44A to John Wheeler. John 1643-1713 and widow 1646-1725 Sarah Larkin Wheeler’s 8 children heirs generation-after-generation now own NWP44A in perpetuity.
9th GGfather George Wheeler Sr, wife Katherine Penn Wheeler, George's bequeathed son b.1643 John's son 7th GGF Ebenezer Wheeler, wife Mary Minott Wheeler + 31 Wheelers 'cousins' are buried in Old Hill Burying Ground, oldest Concord, MA cemetery. 97 Wheeler 'cousins' are buried in Sleepy Hollow Cemetery. 8th GGFather John Wheeler son of George Wheeler Sr, wife Sarah Larkin Wheeler and 19 other Wheelers are buried in next oldest Concord cemetery, South Burying Place.
6th GGF James Wheeler, son of Ebenezer Wheeler, was NOT buried in Concord's historic cemeteries because James Wheeler migrated to Southwest Virginia propagating the Gospels, before his descendants migrated to KY. [James Wheeler, Descendants of Concord, Myrtle Jayne Wheeler Minix, 1982 Chronicle 2,] [Annals Southwest VA 1769 - 1800, Part 1, Genealogical Publishing 1976]
Wheeler heirs never sold NWP44A. Obviously Quitclaim Theft never transferred ownership. Todays Heirs are concerned about NWP44A ficitious ownership history, baptism terminations and Walden Pond Park management; not owner monetary issues. Quitclaim criminal acts might be forgery, mortgage fraud, identity and property theft, tax, mail, wire fraud, elder abuse.
The 1635 Indian Treaty ceded all 6-square-mile Concord property rights, including Concord, MA Bay Puritan Colonist George Wheeler Sr's Sovereignly purchased NWP44A and other Colonists' Sovereignly purchased lands, in accordance with International Law. Indian Treaty agreements were the Gospel.
1667 Concord Probate Court appointed George Wheeler Sr sole surviving Will Executor, John Wheeler b. 1643, Probate Personal Representative (PR) overseeing Will and Probate administration. Wheeler heirs’ NWP44A ownership deeds and titles and all other properties were recorded in accordance with George Wheeler Sr’s 1664 Will.
“MA Bay Company Corporate Charter words and terms were also Sacred. Puritans' Faith, Belief and Obedience were so truthful and reliable that Puritan MA Bay Company Corporate Charter evolved into the "United States Constitution”.[‘Why the Constitution Was Written by Nikolas Bowie, Stanford Law Rev, Vol 71 June 2019. ]
“Reliability was unusual for 17th Century property corporations but MA Bay Company considered it their religious and political duty to use specific governing decision words in the charter. Words mattered. 19.
“Whereas officials of England-based corporations typically ignored rules in their charters that instructed them how to govern themselves, Massachusetts Bay Company officers and residents, under threat of litigation, maintained interpretations of their charter in domestic debates over immigration, voting rights, separation of powers and virtually all other controversial issues 20. Massachusetts Bay Company Corporate Charter evolved into the United States “Charter Constitution”. WOW.
George Wheeler Sr.'s. bequeathed son John Wheeler and John’s widow Sarah Larkin Wheeler's 8 children’s descendant-heirs' own the 1635 Indian Treaty North Walden Pond 44 acres perpetuitously, that contains the authentic Thoreau Cabin Site and Wheeler's Shoreline Cove. Walden Pond Park patrons visit the not authentic Thoreaus Cabin site replica.
State and state actors’ Unconstitutionaliy seized and theieved not purchased George Wheeler Sr’s 1635 Indian Treaty NWP44A ‘The Supreme Law of the Land’. Indians had ceded and given their NWP44A “sacred” title and “property ownership rights. After a cavalcade of unlawful aiding and abeting, NWP44A is unlawfully said owned by MA DCR. NWP44A signage now disgracefully says NWP44A was previously owned by Emerson.
Real estate state property can only be transferred by deed or will. Ralph Walso Emerson had neither for Wheeler's NWP44A.
Indian nations are sovereigns and cultures. Early Supreme Court cases held Indian nations owned the land they occupied before the Colonists arrived and continued to own their land after Colonists’ powers arrived. Conquest was inconsistent with Indian title legal protections. Indian land title and Treaty land are sacred property rights”.[UNRAVELING PROPERTY RIGHTS, HOW TO STOP CONQUEST by Joseph William Singer, ALBANY GOVERNMENT LAW REVIEW Vol. 10 2017]
"Europeans firmly believed ownership of private property led to material wealth, an essential Civilization component." [History of American Indians and U.S. Government Land Transfers. Clarke Historical Library, Central Michigan Univ.]
"States can only do what the U.S. Constitution allows them to do." [Pete Williams] Without our U.S Constitution protection of citizens' private conduct and rights would vanish. Wheeler Heirs' NWP44A should demonstrate constitution Supremacy Clause protection from subordinate lesser state powers. Bringing the case and upholding Constitution's Indian Treaty Supremacy Clause, Indian Treaty property rights and enforcing *John Wheeler descendant whole communal heirs’* property ownership of George Wheeler Sr’s 1635 Indian Treaty NWP44a are duties of the U.S. Attorney General. [Justice Manual > ENRD, Environment and Natural Resources Division Resource Manuel 59. GUIDANCE CONCERNING CONDUCT OF INDIAN LITIGATION] But the FBI might provide the more conventional resolution.
“Simon Willard led a small business clever Concord Massachusetts Bay Company with minister Peter Bulkeley, teaching elder John Jones, *9th GGF George Wheeler Sr family and 11 other Colonists and families. They were sturdy Englishmen from Kent, Surrey, Yorkshire and *Bedfordshire, who had come to New England allowed with their money and wealth during the “great emigration from England”. English genealogy was accurately documented and well delineated in New England unlike other European genealogies.
The Company secured from Massachusetts Bay General Court acts of apparent cooperative colonization with the King of England, granting them “six-square-miles and name Concord dated Sept 2, 1635” but the Puritans planned a Sovereign-independent purchase and incorporation. [^History of Concord, MA, with Biographical Sketches, John Keyes, Philadelphia, J. W. Lewis & Co, 1890]
"George Wheeler Sr came to Concord in 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 owner of a large amount of property. His house lot alone was 11 acres. He possessed lands in every part of Concord, at Brook Meadows, Fairhaven Meadow, the Cranefield, by Walden Pond, Goose Pond, Flint's Pond, White Pond Plain, on Sudbury line, etc. "He held as many positions of trust and was as active in Concord's affairs as any individual in town. He served at various times on every committee of consequence and led in all special matters, as evidenced by nearly every important town deed and petition from either the Church or civic community at that time bears his signature. [Wheeler Families of Old Concord, MA, George Wheeler Sr Line, Special Collections, Concord Free Public Library, Anke Voss, Curator]
George Wheeler Sr.'s faith and integrity were so trustworthy and reliable, from the previous “Charter Constitution” descriptions, his words, phrases and business terms likely evolved into the U.S. “Charter Constitution” format and were etched in stone. His many Concord, MA properties and heirs’ 1635 Indian Treaty NWP44A with shoreline Sacred Baptismal 1st Title Deed Sovereign Land Patent and colleague Colonists’ Properties’ Rights were intentionally Sovereignly Purchased and Incorporated in Colonists' names.
George Wheeler Sr’s 1635 Indian Treaty NWP44A is an Indian Sovereign Land Patent' known in law as '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.
U.S. Constitution Article VI holds Indian Treaties “are 'The Supreme Law Of The Land.” and have the same force now as on the day they were signed. Like the Constitution and Bill of Rights, Indian Treaties do not expire with time and are legally binding contracts between Sovereign nations.
A recorded Quitclaim Deed must describe the last recorded NWP44A deed which was to John and Sarah Larkin Wheelers’ 8 Children descendant heirs’ who never sold NWP44A.
No proof has been or is found by title search or deed reference for Ralph Waldo Emerson's 1844 Unconstitutional ownership of Thoreau's 13 acre and 80 rod Cabin Site that is located within George Wheeler Sr.’s heirs’ owned 1635 Indian Treaty North Walden Pond 44 acers and No proof has been or is found for Emerson's ownership of Wheeler heirs' entire NWP44A
Quitclaim Fraud of Wheelers’ NWP44A merged with Emerson's South WP 41 acres found: [QUITCLAIM deedless donations to MA, 'EDITH EMERSON FORBES ET AL TO MA' by Forbes, Heywood et al, June 29, 1922. 'Folder 1: Photocopied 1922 deed of gift for Walden Pond, Jacqueline Davison - Malcolm Ferguson Papers, Special Collection, Concord Free Public,Library] Authors deceased but a copyright is not violated when in this and all evidence preparations and court. [David Klutt Aug 25, 2014]
All 'Squats', adverse possessions and supposed purchases of either contractual parties' Indian Treaty properties are Unconstitutional: In 1844 Ralph Waldo Emerson paid Cyrus Stow, said executor of Squatter Thomas Wyman's estate, for the purchase of Squatted property with no Deed Title Ownership. Because the 'Squat' was within George Wheeler Sr Indian Treaty NWP44A Sovereign Land Patent with Baptismal Cove , of course, there were no records or deeds for purchases of the Squatted property for ownership verification. Hence no legal surveys were permitted. NWP44A were never for sale by John b. 1643 and wife Sarah Larkin Wheeler's rightful descendant-heirs. 4 years later Oct 4, 1844 Cyrus Hubbard surveyed Emerson's 13 acres + 80 rods 'Squat' for legitimacy sake but no deed; the property wasn't recorded, had no clear chain of title. Thoreau's 13 acre + 80 rod Cabin Site within George Wheeler Sr Indian Treaty NWP44A was entirely merged with Ralph Waldo Emerson’s legitimately purchased, surveyed and recorded South Walden Pond 41 acres.
Emerson changed his wife's name to Lidian and would call her Queenie and sometimes Asia and she called him Mr. Emerson. Their children were Waldo, Ellen, Edith, and Edward Waldo Emerson. Edward Waldo Emerson was the father of Raymond Emerson. Ellen was named for his first wife, at Lidian's suggestion. He hired Sophia Foord to educate his children. [Richardson, Robert D. Jr. (2015). Emerson: Mind on Fire. Univer California Press.p.52.]
EDITH EMERSON FORBES ET AL TO THE COMMONWEALTH OF MASSACHUSETTS: “Edith E. Forbes and Edward W. Emerson do hereby give, remise, release, and forever QUITCLAIM unto the Commonwealth of Massachusetts the following described parcels of land: the first parcel in Concord, MA contains 13 and 1/2 acres more or less (in Wheeler's NWP44A) being the (Unconstitutional) premises (said) conveyed by deed of Cyrus Stow (in reality deedless) to Ralph Waldo Emerson dated Sept 21, 1844 and recorded with Middlesex South District Deeds, book 449, page 515. The second parcel being part of the premises legally conveyed to Ralph Waldo Emerson by Abel Moore and John Hosmer deed, Nov 29, 1845, and recorded with Middlesex South District Deeds book 473 page 351, it being the sole and exclusive purpose of this conveyance to aid the Commonwealth preserving the Walden of Emerson and Thoreau" denying Wheeler families' truthful history.
‘Quitclaim Deedless Fraud’ affected 3 Indian Treaty contractual victims
3. Broken Indian Treaty with Pennacook Indians, sub-Tribe of Nipmuc 1st Natiosee 3 page Quitclaim Deedless Irregularities: Folder 1: Photocopied “1922 Deed of Gift for Walden Pond’' to state of MA in Special Collections, Concord Free Public Library,
114 years of George Tolman's published George Wheeler Sr and family genealogy, will, probate, and other plentiful available records, located in the 'Special Collections, Concord Free Public Library', Curator Anke Voss, are readily available for everyone to research,.. disprove Massachusetts' DCR’s absurd, disrespectful and unlawful action proclaiming Ralph Waldo Emerson owned George Wheeler Sr’s 1635 Indian Treaty NWP44A.
George Wheeler’s Sr’s 1635 Indian Treaty purchased NWP44A 1st Title Deed Land Patent property, described in his 1664 Will, 1667 probate and inheritance, recorded in The Special Collections, Concord Free Public Library, Anke Voss, Curator for all to read, is obviously not a section of Ralph Waldo Emerson’s 1845 SWP41A recorded in South Middlesex County 2 centuries after Wheeler’s NWP44A documents for all to read.
Faithful dedicated Puritan George Wheeler’s Sr, then heirs, owned NWP44A and its Wheeler Baptismal Cove; a peaceful woodland spiritual repose as he intended, where numerous baptisms happened, even from Boston and further which should have suggested Wheeler's ownership. Maybe the quietude gave the appearance of un-occupancy but NWP44A wasn’t open for free-for-all ‘Squatting’. NWP44A was seriously and spiritually owned.
Currently 2940 surnamed Wheeler and 51 George Wheeler live in MA. There are 156,012 surnamed Wheeler persons in the United States. How many are John wheeler and Sara Larkin Wheeler's heirs are unknown.
Walden Pond Reservation State Park, a National Historic Landmark, has the wrong ownership history, an oxymoron. DCR signage throughout 'Walden Pond Reservation State Park' claims Emerson owned George Wheeler Sr’s NWP44A. These claims are ownership History Negationism and History Falsifications and must be corrected. NWP44A has sovereign immunity to suits but no immunity to 'Quitclaim Deedlesss Irregularities' that follow.^
George Wheeler Sr owned all 1635 Indian Treaty land he purchased from the Indians, described and bequeathed in his will. 8th GGF John Wheeler was George Wheeler's surviving Probate Executor, 8 June 1687. Son Capt Thomas Wheeler was named co-executor with John initially but died [see ^History] same year 1687 from King Phillips’ War (1675–1678) wounds before George Wheeler Sr's probate. John Wheeler generously transferred deceased brother Thomas'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 testament to NWP44A desirelessness reported in following chapters.[Court Testimony re: 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)
Legal NWP44A ownership instruments:
^George Wheeler Sr's legitimately purchased Indian Treaty NWP44A were unlawfully ‘Squatted’ and "Squatters Emerson 13.50a, Forbes 16.38a, Hoar 13.6a families' acquired unowned deed-less 43.48 acres sections that were then unlawfully merged with Emerson's legitimately purchased SWP41A Deed that was was expeditiously followed by 'Deedless Quitclaim ' 1922 families' 44 acres donations to MA that now require reversal and the Attorney General' proclamation that John b. 1643 and d. 1725 Sarah Larkin Wheeler’s families' Whole-Communal descendant heirs Company own NWP44A, Constitutional Supreme Law of the Land'.
MA DCR should continue to manage NWP44A as before realizing Thoreau and Emerson popularized Walden Pond, as Wheeler heirs own NWP44A.
'The Society' of 1805 sister settlement Concord KY Wheeler heirs requested Attorney General and Justice Dept uphold 1635 Indian Treaty and enforce Wheeler heirs' NWP44A ownership; Justice Dept issued a Civil Property Rights case ID number. [Richard A Epstein, Property a Civil Right 29 California Western Law Review 187 (1992)]
George Wheeler Sr's 1635 Indian Treaty U.S. Constitutional 'Supreme Law of the Land' NWP44A + Baptismal Cove + Thoreau Cabin Site '13 acres/80 rods within, '1st Title Deed' 'Letters Land Patent' is wrong on Walden Pond State Park signage, listed Ralph Waldo Emerson owned. Indian Treaty regulations require United States is a partner plaintiff if a legal case for Wheeler heirs' NWP44A ownership eventuate. Thus legal fees are paid.
When influence, privilege, successfulness, money and/or authorities thumb the Scales of Justice, more drastic legality must be taken.
1635 Indian Treaty is a contract between 2 parties, Concord, MA 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) U.S. Federal Law proclaims Indian Tribal and U.S Governments cannot pass laws that violate Indians' Individual Rights and violate Indian Treaty Property Rights of either contractual party. 5. 1968
ICRA provides a federal court trial in for the deprivation of Civil Rights 139 and allows a provision for the Attorney General to bring civil or criminal action to prove Contract Rights of either Indian Treaty Contractual Party. 14 [Michigan Law Review, Implication of Civil Remedies Under 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]
'The Society' requested the Attorney General and Justice Department uphold the 1635 Indian Treaty and enforce Wheeler heirs' NWP44A ownership.
George Wheeler Sr’s 1635 Indian Treaty NWP44A 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 Native American Indian Treaties as penned in [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.
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
The state of Massachusetts accepted a worthless Ralph Waldo Emerson 1922 QUITCLAIM property Gift
“Broken Indian Treaty Restorative Justice” is deserved for both 1635 Indian Treaty contracting parties i.e. NWP44A Wheeler Families' 'Whole Communal' Descendant-Heirs and Indians.
George Wheeler Sr.'s 1684 Will and 1687 Probate bequeathed NWP44A to sole executor son John Wheeler born 1643, who died intestate Sept 27, 1713. Captain Thomas Wheeler's death remained son John Wheeler sole executor. See below. John Wheeler's widow, joint tenant Sarah Larkin Wheeler owned NWP44A. Widow, Sara Larkin Wheeler died Intestate Succession Aug 12, 1725 and their 8 living children equally inherited NWP44A. 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 by 'Deeds of Distribution'. Intentionally, according to George Wheeler Sr.'s wishes, Ebenezer did not divide or transfer NWP44A. Providentially, NWP44A with its shoreline Baptismal remained unaffected for Baptisms. John and Sarah Larkin Wheelers' 8 living children's children, generations-after-generations, ‘Whole Communal descendant-heirs’ en bloc together continue to own 1635 Indian Treaty NWP44A Sovereign 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]
John (b. 1643) and Sara Larkin (d.1725) Wheelers' 8 living children automatically passed and conveyed the ‘Whole Communal descendant-heirs’ Sovereign 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. Creek Indians 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/]
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-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 transfer.
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]
Anyone or group.... who “aids, abets, causes the continued commission by another party of property ownership theft of the Wheeler Heirs' Indian Treaty North Walden Pond 44 acres with sacred Wheeler Baptismal Cove.... is as punishable as the 1st another party instigator of the theft, that is, as though the anyone or group had committed the offense themselves. 119 [Federal Conspiracy Law: A Brief Overview, Updated April 3, 2020, Congressional Research Service https://crsreports.congress.gov R41223] [2483. Conspiracy To Aid And Abet, U.S. Dept of Justice]
No legal titles and deeds are recorded to other parties including 'The Walden Pond Reservation State Park', because 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. Our ‘Society’ does not acknowledge any North Walden Pond 44 acres property transfers. There were no North Walden Pond 44 acres lawful property transfers or transactions by the Wheeler families' descendant-heirs.
Eminent Domain Seizure of the 1635 Indian Treaty NWP44A 1st Title Deed Land Patent by the State of MA is Unconstitutional. [SCOTUS McGirt v. Oklahoma 20] Only U.S. Congressional legislation can alter, revoke, disestablish or change the ownership of the 1635 Indian Treaty NWP44a 1st Title Deed Land Patent to another person. That has never happened.
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 Wheeler's rightful descendant-heirs proper notification, just compensation, that the Park System has NOT ‘put to better use’ by ; all "Seizure' requirements, but yet with those requirements Unconstitutional.
George Wheeler Sr.'s 1635 Indian Treaty NWP44a '1st Title Deed' Land Patent is currently owned in 2022 by the ‘Whole Communal descendant-heirs’ of John Wheeler born 1643 and John's widow Sara Larkin Wheeler who died 1725. However, the 2nd most significant property right violations are the 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 NWP44A Ist Title Deed Land Patent from the Native Indians are protected by the courts as described in [“Relationship between Property Rights and Civil Rights by Richard R. B. Powell, vol 15, No. 2, Art 3, Hastings Law J.].
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.
1. Article VI states: This Constitution, and the laws of the United States which shall be made in Pursuance thereof; and all Treaties made (interpreted as in the past) , 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 Creek Indians 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 Indian Treaty Sovereign 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 NWP44A property rights to George Wheeler Sr.
Indian Treaty Contracts are 'the Supreme Law of the Land'. Indian Treaty Contracts are U.S. Constitution and 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] U.S. Constitution does not allow a State to disestablish an Indian Treaty and 'Seize' the 1635 Indian Treaty NWP44A Sovereign Land Patent; does not allow a State to 'Seize' a '1st Title Deed' from a Sovereign Indian Tribe. [SCOTUS McGirt v. OK 2020]
9th GGFather George Wheeler Sr's affluence enabled his righteous, civic contribution of NWP44A Land Patent, a 'sacred baptismal place', for use by the Puritan community.
George Wheeler Sr's son, sole executor 8th GGfather John Wheeler born in Concord, MA March 19, 1643. [1] [2] [3] was bequeathed the NWP44A and many other properties, purchased by his father from the Indians.
John Wheeler's rightful-descendant-heirs were instructed, preserved and complied that the NWP44A 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."
See George Wheelar Sr Genealogy and Ancestry.com Chapters 14., 15. and 16. that follow.
NWP44A and Baptismal, the 'Historic Sacred Place' and 'Cathedral of Nature' concept, was postulated by Charles Stearns Wheeler when at Wheeler famiiy's Flint Pond Cabin Site, Stearns constructed. Charles Stearns Wheeler was an heir of Flints Pond. During his lifetime Stearns was inspired by Walden Pond's spiritual vibrations. Charles Stearns Wheeler was the Transcendentalist Pioneer Who Inspired Thoreau's Walden." [New England Historical Society].
"Thoreau's worshiped hero, brilliant Harvard colleague Charles Stearns Wheeler's ancestor was Capt Thomas Wheeler, who was dividedly bequeathed the whole Flints Pond; rather than 1/2 of Walden Pond and 1/2 of Flints Pond. "Stearns suggested Thoreau conduct his own experiment at Walden Pond. Thoreau was not too humble to use the work of others," said Friend Ellery Channing.
Justice Gorsuch in McGirt v. Oklahoma 2020 revived the SCOTUS approach to 'Montana' court case to Federal Indian Treaty law and Justice Gorsuch tilted the Court toward a 'Promise Keeping Jurisprudence', legal system that overrule poorly reasoned past precedents in Federal Indian Treaty law. 106 Justice Gorsuch recognized “on the far end 107 of a nearly 1,000 mile 108 Trail of Tears was a Promise.” 109 [McGirt v. Oklahoma, Comment on: 140 S. Ct. 2452 (2020) 134 Harv. L. Rev. 600]
The 1635 Native Indian T
George Wheeler Sr’s Sovereignly purchased 1635 Indian Treaty with ceded property rights North Walden Pond 44 acres 1st Title Deed Land Patent with sacred Wheeler Baptismal Cove (NWP44A) continues to be owned in perpetuity by bequeathed executor son John Wheeler 1643-1713 and John Wheeler’s widow 1647-1725 Sarah Larkin Wheeler and their 8 children’s Whole-Communal descendant-heirs’ company together generation-after-generation until now and continues only to be negotiable by the entire Whole-Communal descendant-heirs’ company together.
George Wheeler Sr’s 1635 Indian Treaty NWP44A were popularized by Henry David Thoreau’s Cabin Site, Ralph Waldo Emerson’s deed-less 13 acres and 80 rod adverse possession or Squat, located within George Wheeler Sr’s 1635 Indian Treaty NWP44A.
George Wheeler Sr’s 1635 Indian Treaty NWP44A are located in the Walden Pond Reservation State Park and managed and maintained by the Massachusetts Department of Conservation and Recreation (DCR).
Ebenezer Wheeler's son 6th GGF James Wheeler migrated to Sinclair (St. Clair) Bottom and Primitive Baptist Church, Chilhowie, Smyth County Southwest VA established in ~1791. In 1805 his descendants migrated-to and settled ‘sister-township’ Concord, KY and Concord Church on the Big Sandy River across from Buffalo Shoal on outskirts of Paintsville, KY. Revolutionary War veteran 5th GGF Jesse Wheeler marked with a DAR marker and son 4th GGF Stephen are buried in Concord Cemetery.
"Charles Stearns Wheeler built a shanty in 1836 near Flint’s Pond in Lincoln, MA. The next summer Henry David Thoreau spent six weeks in the shanty with his "hero" Harvard classmate Charles. Thoreau got the idea to build his Walden Cabin on Emerson's 1844 purchased "Squat' from his experiences living at Flint' Pond bequeathed to ancestor Capt Thomas Wheeler from George Wheeler Sr.
"The recent discovery of the Wheeler-Thoreau Shanty Site by Jeff Craig has been welcomed for revealing important historical details about the shanty. It had become a complete mystery in modern times. Not only did Craig’s discovery reveal the shanty’s exact location, but it also provided critical information about the dimensions, construction and similarities that the shanty had with Thoreau’s cabin at Walden Pond.
"It has been well established the Wheeler shanty influenced Thoreau to build his Walden cabin. Charles Sterns Wheeler philosophically conceptualized and instructed Henry David Thoreau the principles of 'Transcendentalism' and the 'Cathedral of Nature' at Charles Sterns Wheeler’s Cabin Site on 1635 Indian Treaty Flints Pond 1st title deed, that George Wheeler Sr. 1684 will and 1687 probate also bequeathed to John Wheeler’s brother, Captain Thomas Wheeler; both 1635 Indian Treaty North Walden Pond 44 acres and Flints Pond were George Wheeler Sr.'s absolute legal 1st title deeds.
Henry David Thoreau has been correctly cited with promulgation of 'Transcendentalism' and 'The Cathedral of Nature' but Charles Sterns Wheeler philosophically conceptualized their principles. [Thoreau, 18545/1992:264] [New England Historical Society https://www.newenglandhistoricalsociety.com/the-wellfleet-oyster-a-brief-history-of-the-precious-mollusk/]
Nowadays, the Holy Spirit, our Universe, planets, Earth, nature and entirety, including the Human Brain Connectomes and Soul Interconnections have been thoroughly NeuroBioPhysicsologically scientificated. [Hameroff/Penrose follows]
Peering into Walden Pond elicits the Spring Water’s reflection of the Human Soul. Self-assessment is a Human Brain NeuroNetwork ‘yard-stick’ beginning in the Microtubules Memristors for right-wrong, good-bad, moral-immoral and all living-measurements. Walden Pond was very special and remained untamed when it was known owned and supervised by 1635 Concord, MA Colonist, Purchaser and Shareholder George Wheeler Sr. and his descendant-heirs' owners. Wheeler rightful descendant heirs of Flints Pond, received those good spiritual vibrations.
Walden Pond was formed with retraction of ice after the Ice Age, which was The Pleistocene Epoch defined as the time period that began about 2.6 million years ago and lasted until about 11,700 years ago. The most recent Ice Age occurred then, as glaciers covered huge parts of the planet Earth. [By Kim Ann Zimmermann - Live Science Contributor August 29, 2017, Live Science]
“Walden Pond is a kettle lake, formed at the end of the last Ice Age, some 10,000 to 12,000 years ago, when a huge block of glacial ice broke off and remained behind as the glacier retreated to the north. [USGS https://pubs.usgs.gov/fs/1998/fs064-98/pdf/fs06498.pdf]
Native Indians were spiritually ritualing and fell into the Walden Pond water when the Kettle formed after the land collapsed. Walden was once their natural, sacred place. Thousands of Artifacts have been found around Walden pond documenting the Pennacook-Nipmuc’s frequent presence.
"Archaeological evidence reveals indigenous people then Musketaquid, a sub-Tribe of Nipmuc 1st Nation, lived around Concord ~ 12,000 years ago, migrating into the region from the west after the last Ice Age. ~ 8,000 years ago, local activity expanded to Walden Pond. The Paleoindian Period was 12,000-9,000 BP. [THE PEOPLE OF MUSKETAQUID: Concord's First Residents, bY VICTOR CURRAN by Discover Concord Magazine Fall 2020
“Henry David Thoreau's theology of the wild was enabled through his engagement with Native Indians. (Primarily his engagement with Charles Stearns Wheeler). Thoreau believed that for peoples' Souls to survive being cut off physically from wilderness, they must cultivate this wilderness within–a feat they must learn–and appropriate–from indigenous peoples.” [Apostles of Wilderness: American Indians and Thoreau's Theology of the Wild (Lydia Willsky-Ciollo; Apostles of Wilderness: American Indians and Thoreau's Theology of the Wild. The New England Quarterly 2018; 91 (4): 551–591. doi: https://doi.org/10.1162/tneq_a_00704]
“Thoreau's actions while living at Walden illustrate his concern with purification and rebirth. He has already stated that he swam early every morning in the pond. These actions function as a sort of ritual baptism, representing a new beginning and connecting Thoreau physically with nature. [http://www.bradleypdean.com/research_writings/Bean_Field_Article.pdfRediscovery of Walden by Bradley P. Dean pp 90 -97.]
Many Colonial and subsequent hallowed baptisms were ritualed in Walden Pond. Before modernism many came from far away, even Boston, for the sacred Walden Pond ‘Spring water’.
Walden Pond had the deepest Massachusetts Lake formed from melted ice and formed from a ‘glacialkettle-hole’ with deep spring water arising from the ‘aquifers’ found during surveyor Thoreau’s depth measures.
Thoreau claimed “Walden Pond figuratively mingled with the Sacred Ganges water….All Nature and Humans are infused with Divine Spirituality and accessible Creation and Universe Energies…..Living close to Nature provides and essential Human being experience…..Walden Pond is the ‘Cathedral of Nature’.” [Thoreau, 18545/1992:264]
The North Walden Pond 44 acres are 1635 George Wheeler Sr.’s incorporated Sacred Indian Treaty ‘Supreme Law of the Land. “Squatters’ shanties were unauthorized and temporary.
The George Wheeler Sr.'s 1635 Indian Treaty North Walden Pond 44 acres' rightful descendant-heirs and ‘The Society For Walden Pond Preservation and George Wheeler Sr. History endeavor under certain conditions to reclaim the Wheeler families’ Indian Treaty North Walden Pond 44 acres pristine sacredness ‘en-block’ for visitors that was previously promoted by the Native Indian s for thousands of years, pristinely by the Wheeler family for hundreds of years and Henry David Thoreau for several years and then deteriorated by the state park system, violating Governor Winthrop, Puritan Reverend Peter Buckley and Massachusetts Superior Court Judge Rose.
The Incorporated Indian Treaty North Walden Pond 44 acres are a sacred place to worship the right to worship and meditate, “a City on a Hill” and the rightful descendant-heirs 'en-block' property.
‘The rightful descendant-heirs' and 'The Society For Walden Pond Preservation and George Wheeler Sr. History endeavor to maintain the Incorporated Indian Treaty North Walden Pond 44 acres in that pristine Sacred manner, and not abandon the sacredness for an inherently commercial property and not divide the 'Cathedral of Nature' into personnel properties.
The current endeavors are not about the Wheeler rightful descendant-heirs' profitmaking or equity recovery, but preservation of the Wheeler North Walden Pond sacred baptismal and accurate history. Ratification of pre-Constitutional Indian Treaties was accomplished by Colonists' and Native Indians' years of peaceful, concordant and successful adjacent living. Concord's 1635 Indian Treaty was exemplarily.
Native Indian Treaty contractual agreements and promises provided that the 1st party Indian Tribes were independent Sovereigns (Supreme Powers) controlling, ruling, and living on their own lands and, therefore understandably, the Native Indian Treaty contractual agreements and promises provided that the 2nd party Colonists were similarly independent Sovereigns (Supreme Power) controlling, ruling, and living on their own acquired Native Indian Treaty lands. Both Indian Treaty contractual parties' sides were equivalent.
For example, following ratification of George Wheeler Sr.’s Indian Treaty North Walden Pond 44 acres that contained the Thoreau Cabin Site, a portion of his 1635 Native Indian Treaty Concord property purchases, both Native Indian and Colonists contractual Sovereign parties are forever equitably bound and obligated to the Treaty contractual agreements and promises unless the Federal Government, the U.S. Congress, legislates an Act of Congress that would alter, revoke. seize with Eminent Domain or disestablish the Indian Treaty; Never done before in Native Indian Treaty history
To be perfectly clear, George Wheeler Sr.’s Indian Treaty North Walden Pond 44 acres and other Colonists' Indian Treaty Lands are off-limits to all State's Unconstitutional Eminent Domain Abuse land condemnation and 'seizure' as are all Native Indian Treaty 'Supreme Federal Law of the Land' properties.
The wrong Sovereign state of Massachusetts, years ago unlawfully thought they allowed our 9th Great-Grandfather George Wheelers Sr. descendant-heirs' Indian Treaty North Walden Pond 44 acers, that includes the original authentic 13 acres and 80 rods Thoreau Cabin Site, that in 1664 this reporter’s 9th Great-Great-Grandfather George Wheeler Sr. bequeathed to our 8th Great-Great-Grandfather John Wheeler, to be Unconstitutionally Seized with Civil Rights Property Abuse Violations.
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. Title legally says property is owned. Deed documents show property owned.
Before readers jump to 'Statute of Limitations' conclusions, read-on and find that reclaimations and reparations for Unconstitutional Contractual Indian Treaty land 'seizure' by Eminent Domain Abuse or any other Unconstitutional Civil Right Indian Treaty land 'seizure' violations, even aboriginal, are never too late. It's a new interesting day for righting the wrongs of Indian Treaty violations no matter their antiquity. [SCOTUS McGirt v. Oklahoma 2020]
But the descendant-heirs' Indian Treaty North Walden Pond 44 acers, that includes the original authentic 13 acres and 80 rods Thoreau Cabin Site,
“Many years U.S. President Thomas Jefferson’s contemplated relocation of Eastern Indian Tribes west of the Mississippi River that amounted to chaotic disruption-to and impetus-for attempted alterations, revocations and disestablishment of Indian Treaties. [Cherokee Removal Original entry by Tim Alan Garrison, Portland State Univ, 11/19/2004; last edited07/23/2018, New Georgia Encyclopedia ]
Jefferson gave states opportunities to implement new governing and U.S. Congress opportunities to not govern with the past ~155 years (1800-1955) mistakes that were consequences of Native Indians and Treaties multifactorial misunderstandings and misinterpretations, lack of Indian resources and states’ and federal government's laws, policies, procedures and unlawful acts, especially the misapplication of the 1841 Preemption Act that infected others with the ‘land grab mentality’ of other Native Indian Treaty contractual land that the recent Supreme Courts of the United States have clearly, judiciously and Aristotelianly explained.
Property ownership is key to Civilization, Freedom and a ‘natural right' of mankind. [Thomas Jefferson]. George Wheeler Sr was a Concord, Massachusetts Bay Colonist and his heirs continue to own North Walden Pond 44 acres.? So why is George Wheeler Sr’s history omitted throughout Walden Pond State Reservation Park? Why do authorities need convincing to uphold the 1635 Indian Treaty and enforce George Wheeler Sr’s heirs NWP44A ownership? 1841 Preemption Act infected the Squatters and began the NWP44A charade and deedless Quitclaim.
SCOTUS DECISION: "The U.S. federal government promised the Creek Indian Tribe a reservation in perpetuity. Over time, Congress has diminished that reservation. It has sometimes restricted and other times expanded the Tribe’s authority. But Congress has never withdrawn the promised reservation. As a result, many of the arguments before SCOTUS today follow a sadly familiar pattern. Yes, promises were made, but the price of keeping them has become too great, so now we should just cast a blind eye. We reject that thinking. If Congress wishes to withdraw its promises, it must say so. Unlawful acts, performed long enough and with sufficient vigor, are never enough to amend the law. To hold otherwise would be to elevate the most brazen and longstanding injustices over the law, both rewarding wrong and failing those in the right. The judgment of the Court of Criminal Appeals of Oklahoma is Reversed." [SCOTUS McGirt v. Oklahoma 2020]
Subsequently, with No Statute of Limitations and with 'Reversed Judgments' of the SCOTUS precedents, [SCOTUS McGirt v. Oklahoma 2020] John Wheeler's rightful descendant-heirs' are endeavoring the recovery of the 1635 Indian Treaty North Walden Pond 44 acres "in perpetuity" and the Restoration, Education and Preservation’ of the complete history and legacy of George Wheeler Sr.’s. 1635 Indian Treaty North Walden Pond 44 acres.
The authentic historic 1845 Thoreau Cabin Site was marked in 1945. Archaeologist Roland Robbins excavation discovered the foundation. A Memorial Cabin Replica Marker is near the entrance to Walden Pond Visitors Center and honors the cabin authentic site.” [Walden Pond State Reservation Park, https://www.walden.org/what-we-do/friends-of-walden-pond/our-park/]
"Even though U.S. Congress ended Native Indian Treaty-making with Tribes in 1871, the preexisting Colonial treaties, similar to the 1635 George Wheeler and Concord-Indian Treaty are still in effect and contain promises which bind the United States today. In fact, under our Constitution, treaties are “the supreme Law of the Land.”
"Native Indian Treaty-making Tribes arranged a trade of rights with the Colonists and United States. The United States Supreme Court has referred to all Indian treaties, aboriginal to modern, as contracts between Sovereign nations (supreme power), and in one case, the SCOTUS referred to “the contracting Indians.”
"Furthermore, in 1905 the Court stated that Native Indian Treaties were not a grant of rights to Indians but were instead a reservation by the Tribes of rights that they already owned.
"Therefore, Treaty-making Tribes gave up certain rights to land and assets in exchange for payments, promises, and protection from the United States and Colonists prior to the U.S. Treaties, then, are not gifts from the United States or earlier Colonists to Indians but are a trade of certain rights from Tribes to the United States and Colonists to preserve other rights the Tribes already possessed and wanted to retain. [INDIAN AFFAIRS: LAWS AND TREATIES Vol. IV, Laws (Compiled to March 4, 1927) Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929. from digital.library.okstate.edu Indian Treaties as Sovereign Contracts By ROBERT J. MILLER PROFESSOR]
At this time, the tentative objectives of this research publication, a workbook in progress:
1) Objective Background: Explicitly stated, “This research publication has to do with the state of Massachusetts taking the Indian Treaty North Walden Pond 44 acres from their rightful heirs.” [T. H. Minix, R.N., HEDIS Project Manager at MedAssurant, retired]
[Proof of QUITCLAIM deedless donations 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]
2) Objective: ‘The Society For Walden Pond Preservation and George Wheeler Sr. History' reports these Civil Rights Violations online herein this publication as described in https://civilrights.justice.gov/as (since the website does not work) to the Civil Rights Division of the U.S. Department of Justice 950 Pennsylvania Avenue, NW, Washington, D.C. 20530-0001, who may respond by email to mbmsr@twc.com
3) Objective: Justly compensate the rightful descendant-heirs’ families of 8th Great-Grandfather John Wheeler born March 19, 1643. [1] [2] [3] who were the Intestate Succession of 8th Great-Grandmother widow Sara Larkin Wheeler to her John Wheeler children’s families. Sara Larkin Wheeler was the daughter of Deacon Edward Larkin and Joanna Larkin was born March 12, 1647. [5].
4) Objective: The attorney fees are to be paid by the Massachusetts State Department of Natural Resources (DNR) Eminent Domain condemning authority [5th amendment clearly publishes and communicates those owners must be notified and ‘justly ‘ compensated beforehand.]
5) Objective: ‘The Society for Walden Pond and George Wheeler Sr.’s History Restoration, Education and Preservation’ including Henry David Thoreau and and Native Indigenous Peoples' ‘Cathedral of Nature’ endeavor to reclaim accurate George Wheeler Sr. and Concord Massachusetts Bay Colony and 1635 Indian Treaty History and reclaim the historical recognition of George Wheeler Sr. Families’ Indian Treaty North Walden Pond 44 acres ownership.
6) Objective: ‘The Society’ endeavors to Restore, Educate and Continue the Histories and Preservation. Thus far the Walden Pond Reservation State Park has neglected the entire Indian Treaty North Walden Pond 44 acres history. At Walden Pond Reservation State Park ‘The Society’ endeavors:
7) Objective: “Massachusetts Department of Conservation and Recreation (DCR) is the largest landowner in MA. DCR owns Walden Pond State Reservation and many other parks and beaches, 2,000 buildings, 4 working piers, 3 ski areas, 2 golf courses, 2 summer theaters, 6 bocce courts, and ice rinks and pools. DCR owns 450,000 acres of land, but not the Wheelers' NWP44A.
Children of 8th Great-Grandfather Concord Constable John Wheeler and 8th Great-Grandmother Sara Larkin Wheeler
Sources
The Walden Pond State Reservation Park is owned and managed by the Massachusetts Department of Conservation and Recreation. Previously it was managed by the Middlesex County Commissioners. In the 1970s Middlesex County gave management of the entire Walden Pond property to the State of Massachusetts and Walden Pond State Reservation was created.
“The Walden Pond State Reservation Park is a popular swimming spot throughout the summer and draws visitors from around the world that are interested in the legacy of Henry David Thoreau.” The legacy of Henry David Thoreau is extremely important, but the entire history of Walden Pond began long before the important 1844 Emerson and Thoreau adventures and deserve appropriate recognition. Indian Treaty North Walden Pond 44 acres were mistakenly owned by several private landowners from 1844 until 1922, when the Pond and surrounding acres were deeded to the Middlesex County Commissioners and then the state of Massachusetts that without authority mistakenly and unconstitutionally ‘seized’ "Indian Treaty Land Patent' North Walden Pond 44 acres by Eminent Domain.
The ‘Walden Woods Project’ is the official ‘Friends of Walden Pond group’. The Friends of Walden Pond partners with the Massachusetts Department of Conservation and Recreation to support the programs and facilities at Walden Pond State Reservation.
"Walden Pond State Reservation Park is managed by the Massachusetts Department of Conservation and Recreation and includes 462 acres of protected open space. Over 600,000 visitors per year come from near and all the world's continents to experience this beautiful and serene place that inspirational facility." [The Walden Woods Project]
“We are working to make Walden more accessible, to keep the pond healthy, and to serve the needs of the diverse people that visit this iconic part of the New England landscape. Walden Pond is visited by nearly 600,000 national and international people every year. They come to experience the pond that inspired Thoreau’s masterpiece, to learn about Thoreau in the very place he lived, to take a hike through the Walden Woods, or just escape the summer heat at a beautiful New England pond.
“A new, LEED-certified Gold Visitor Center opened to the public in September of 2017. The Visitor Center has a beautiful, open exhibit area for visitors to engage in the legacy of Henry David Thoreau, the natural history of Walden, and to think about and share their own special places through The Walden Woods Project’s ‘Where’s Your Walden?’ exhibit.
This reporter knows his Wheeler family-owners’ answers to this question that follow and this reporter’s expectations are that one day a more complete Walden Pond history will be readily available and understood.
The “Where’s Your Walden? SM“ feature is intended to allow people of all ages from around the world to share how places in nature have inspired them. We periodically feature stories and materials people share through on our website and/or social media pages in order to inspire others.
In this spirit, we ask you to abide by the following terms:
By sharing, you give The Walden Woods Project permission to share your story and materials on our website, social media pages, newsletter and other material as deemed appropriate by The Walden Woods Project. These sites and resources are available to the general public and do not all require login.
Walden Woods Project staff will review submissions and periodically select stories to feature. We hope to feature as many submissions as possible but may not be able to feature every story shared. https://www.walden.org/education/wheres-your-walden/
“People come from around the world to visit Walden Pond. In a study conducted over the course of 2016, we learned that nearly two-thirds, or 375,000 people, come to the Pond from outside of the Boston area.
“Remarkably, 160,000 visitors come from outside the United States annually.
This new visitor center represents a critical improvement in enhancing the experience of the 600,000 visitors who come to Walden each year. It helps Walden to stand alongside other symbols of the Commonwealth’s great history.[Walden Pond State Reservation Park, https://www.walden.org/what-we-do/friends-of-walden-pond/our-park/
This research publication and its author and ‘The Society for Walden Pond and George Wheeler Sr.’s History and Legacy Restoration, Education and Preservation including Henry David Thoreau and and Native Indigenous Peoples' ‘Cathedral of Nature’ intend to partner with the Massachusetts Department of Conservation and Recreation to support and improve the programs with additional omitted Walden Pond history at Walden Pond State Reservation, described that follows within ‘Thoreau Cabin Site 13 acres and 80 rods is located on 9th Great-Grandfather George Wheeler Sr.’s descendant family’s Indian Treaty North Walden Pond 44 acres’.
Walden Woods
Office of Walden Woods Project large Tudor-style house 44 Baker Farm. Walden Pond State Reservation, https://www.walden.org/what-we-do/friends-of-walden-pond/our-park/
Domination of the important history of Ralph Waldo Emerson and Henry David Thoreau at Walden Pond State Reservation Park explains in part the rarely explained and understood 200 years’ (1635 to 1845) equally important foundational history of George Wheeler Sr.’s Indian Treaty North Walden Pond 44 acres prior to Emerson and Thoreau.
Walden Pond State Reservation Park purpose has neglected and omitted 200 international government years (1635 to 1845) and thousands of prehistoric years of Walden Pond important history that need to be taught and preserved that created the opportunity for Henry David Thoreau and his Thoreau Cabin Site. Thoreau’s fame was legendarily justified.
“Land ownership in the United States has been the story of land moving from Indian to White control. This observation, however, conceals a complex web of assumptions, decisions, and unilateral actions that shaped how the story took place, and the implications of the past for the future. Understanding how the land changed hands is to learn much about questions of equality, morality, and legality.
“When Europeans first arrived on the shores of North America, they claimed the land they “discovered.” Besides the obvious problem of potentially overlapping claims by various European nations, Europeans quickly realized that in practice the land was already claimed, by the people living there. People already living in North America forced European settlers to think about and resolve moral, legal, and practical problems regarding land ownership. Native Indians, meeting Europeans who wanted land, had similar issues to resolve. At first, neither side truly understood the other. Eventually both sides had to decide what to do now that they had met.
“In 1763, at the successful conclusion of a long war, Britain came to own virtually all of France’s possessions in the New World. Britain’s Imperial government in London decided it was time to reorder the business of land acquisition in its North American colonies. British colonial land practices had, among many things, led Indians to ally themselves with the French against the British. In 1757, when asked why his tribe was inclined to ally themselves with the French, Seneca chief Silver Heels answered that the British, “intended to dispossess them of all their Lands.” The Creeks in Georgia expressed the situation in another way. They began calling the English “Ecunnaunuxulgee,” which translates as “People greedily grasping the land of the Red people.” London determined that in order to obtain peace on British America’s western frontier, Colonial settlement had to be brought under control. Expressed another way, Colonial settlement had to be bought under control.
“The ‘1763 Royal Government Proclamation Line’ put in place several reforms intended to solve the land problem. The proclamation resolved Native concerns about white land acquisition by simply banning white settlement west of a border drawn by the Royal Crown – essentially a north-south line that ran from New York to Georgia across the top of the Appalachian Mountains marked and publicized by Colonel Henry Louis Bouquet, generally known as Henry Bouquet (1719 – 1765), was a Swiss mercenary who rose to prominence in British service during the French and Indian War and Pontiac's War. [https://en.wikipedia.org/wiki/Henry_Bouquet]
East of this boundary, private sales of land between Indians and whites were banned. “Great Frauds and Abuses have been committed in the purchasing Lands of the Indians.” admitted the Proclamation.
Thus, all future purchases from Indians were to be made “only for Us, in our Name.” To try to avoid the problem of unauthorized or inappropriate individuals attempting to sell Indian land, all purchases by the government had to be made “at some public Meeting or Assembly.” The clear hope was that the sunlight of public transactions would reveal any irregularities in the proposed agreement or who was signing it.”
Indians were acknowledged as property owners, but the long-ignored legal principle that only the government could buy Indian land was not to be enforced. The idea that the Colonial government would regulate land sales between settlers in the same way, telling property owners that they could only sell their land to the state, which would in turn, offer it for sale, would have been met with incredulity and howls of protest.
“A peace treaty signed in Paris ended the American Revolution. Because England had given up the fight with her American colonies, British preferences and laws no longer had any bearing on what might, or might not, occur on the western frontier. Britain surrendered. The Indians, who largely supported Britain, did not.
“In 1783, General Philip Schuyler was sent to tell the Six Nations what the end of the Colonials war with Britain met for them. Schuyler did not mince words. “As we are conquerors, we claim the lands and property of all the white people as well as the Indians who have left and fought against us.”
In the immediate years after the War’s end, the Continental Congress stopped buying Indian land. Although Treaties were signed, those Treaties seized Indian land. “The American Revolutionaries who declared war on Britain continued the British legal tradition that the Indians owned the land. This came about not out of a moral concern toward Indians but because of the political rhetoric used to legitimize the Revolution itself. Loyalists claimed one reason the revolution was illegal, was that the colonists had been given land by royal charter issued by the Crown. The Revolutionaries were “stealing” land from the King.“ John Adams scoffed.
'QUITCLAIM MERGER THEFT OF GEORGE WHEELER'S 1635 INDIAN TREATY WALDEN POND AND THEFT OF GEORGE WHEELER SR'S INTENDED SACRED WHEELER BAPTISMAL COVE’
link: https://georgejohnwheelerindiantreatywaldenpond.com prohibits and abolished the Wheeler and other families’ exercise of Religious Freedom while furthering the interests of others.
“Sovereignty requires an act of Cession; the transfer of a Sovereign claim from one Sovereign nation to another Sovereign. [3 E. Washburn American Law of Real Property 521]
“The passengers of the Arbella who left England in 1630 with their new charter had a great vision. They were to be an example for the rest of the world in rightful living. Future Governor John Winthrop stated their purpose quite clearly: "We shall be as a ‘City Upon A Hill’, the eyes of all people are upon us. "Boston became a ‘City Upon A Hill’ and Walden Pond became a 'Cathedral of Nature' and a Puritan Baptismal.
“Jesus compared Christians to a City on a Hill that cannot be hidden because kingdom people are meant to be a beacon in the night, providing spiritual light to a lost and dying world. Jesus said in John 9:5, “While I am in the world, I am the light of the world.” To His disciples, He explained, “I am the light of the world. Whoever follows me will never walk in darkness, but will have the light of life” [John 8:12]. Jesus is the light that illuminates our lives. Everyone who puts their faith and trust in Him “will no longer remain in the dark” [John 12:46].
“Many of the most important decisions were made by the clergy. In 1636, HARVARD COLLEGE was instituted for the purpose of training Puritan ministers. [Massachusetts Bay — "The City Upon a Hill", ushistory.org, owned by the Independence Hall Association in Philadelphia]
“Puritans faithfully practiced 2 sacraments, Baptism and the Last Super. Seemingly just as important, property ownership became a 'passion' and soon developed as if inbred.” [A Puritan's Mind © 1996-2021 | Puritan Publications | Reformed Theology and Apologetics | Grace Chapel in Crossville, TN https://www.apuritansmind.com/puritan-favorites/william-ames/baptism/]
“Boston was founded by English Puritans in 1630, and known as the Cradle of Liberty for being the birthplace of the Revolutionary War. Boston is steeped in American history.
“Many of the early baptisms in the Boston, MA area were performed in Walden Pond (made famous by Henry David Thoreau who wrote the book Walden) on the outskirts of Boston and in the icy Atlantic Ocean.” [‘Boston: Gospel rolls forward in one of nation’s oldest cities’, Sheridan R. Sheffield. 28 SEP 1991, CHURCH NEWS, Deseret news]
The shoreline of Thoreau’s Cabin Site was the Wheeler’s North Walden Pond Baptismal, where Thoreau bathed and baptized nearly every morning, according to his book, ‘Walden’.
Baptism of Repentance for the Forgiveness of Sins. Sinners repent by praying and asking forgiveness of sins. Baptism is then symbolic and displays the sinner has received the gift of the Holy Spirit and been washed in the blood of Jesus and forgiven of sins.
All Biblical verses indicate “remission” and “forgiveness” are nearly synonymous, with two exceptions. They are the same Greek word, and both in general involve canceling the sin debt (being liberated or delivered from the debt incurred). If one insists on being technical, then “remission” is the more formal term. “Forgiveness” can, depending on the context, take on the meaning, “end of the resentment or anger the sin causes.” Other than those nuances, the idea is essentially the same. [“REMISSION” AND “FORGIVENESS”—SAME OR DIFFERENT? by Shawn Brasseaux 02/16/2019 For what Sayeth The scriptures]
Jesus says to his disciples, “Go, therefore, and make disciples of all nations, baptizing them in the name of the Father and of the Son and of the Holy Spirit.” [Matthew 28:19].
"Probate records are court records created after an individual's death that relate to a court's decisions regarding the distribution of the estate to the heirs or creditors and the care of dependents. This process took place whether there was a will (testate) or not (intestate). Various types of records may be found in probate files. These may include wills, bonds, petitions, accounts, inventories, administrations, orders, decrees, and distributions. These documents are extremely valuable to genealogists and should not be neglected. In many instances, they are the only known source of relevant information such as the decedent’s date of death, names of his or her spouse, children, parents, siblings, in-laws, neighbors, associates, relatives, and their places of residence. You may also learn about the adoption or guardianship of minor children and dependents. Additional clues often found in probate records are an ancestor's previous residence, occupation, land ownership, household items, former spouse(s), religion, and military service. Probate records are essential for research because they often pre-date the birth and death records kept by civil authorities." [FamilySearch Terms of Use (Updated 2021-09-27) | Privacy Notice (Updated 2021-04-06) 2022 by Intellectual Reserve, Inc. All rights reserved. A service provided by The Church of Jesus Christ of Latter-day Saints]
"Land Records Exist Solely To be Inspected and to Give Notice: Rights in real estate are created by written instruments: deeds, mortgages, easements and similar grants. The conveyance of such a right occurs when the instrument is delivered to the holder. Thus, for example, title to real estate passes from seller to buyer when the seller hands the deed to the buyer. The conveyance is complete on delivery; the buyer need do nothing more to perfect his title in the property. A mortgage may be foreclosed, as between lender and borrower, if it has been delivered, even if it has never been recorded with the Register of Deeds.
"Recording of real estate documents serves only one purpose: to give notice to the rest of the world of the rights granted in a conveyance. The sole purpose of the office of Register of Deeds (more properly termed a Recorder) is to “register” documents in one or more indices which can be examined by the public. Buyers and lenders are bound by the rights of others which are noted in the Recorder’s indices. A buyer or lender that chooses not to record a conveyance may lose its rights to a subsequent buyer or lender, who has no notice of those rights. This system for giving of notice fails if the indices are incomplete or not up to date. [ 10.28.2016 | J. Bushnell Nielsen , Reinhart Law]
Curator Anka Voss, Special Collections, Concord Free Public Library, provided many important documents for this report. This report is not for reproduction and not for sale.
Footnote: This reporter, Micheal B. Minix, Sr., M.D., F.I.C.S., (mbmsrmd) is one of the many descendants of John Wheeler (born 1643), who was the son of 9th Great Grandfather George Wheeler Sr. of Concord, and a Massachusetts Bay Colonist 1635. George Wheeler Sr. bequeathed the 1635 Indian Treaty North Walden Pond 44 acres 1st Title Deed Land Patent to John Wheeler (born 1643). George Wheeler Sr. intended the nearest Concord natural water, the North Walden Pond shoreline, a baptismal.
Every record, publication and reference in this report were lawfully necessary "to give notice to the rest of the world of the rights granted in conveyance" of the 1635 Indian Treaty North Walden Pond 44 acres 1st Title Deed Land Patent to John Wheeler (born 1643) following his bequeath by 9th Great Grandfather George Wheeler Sr. of Concord, a Massachusetts Bay Colonist 1635.
This workbook publication is dedicated to this reporter's mother, Myrtle Jayne Wheeler Minix, who was a member of the Paintsville United Baptist Church, 320 Church St, Paintsville, KY 41240. Many past and present members are Concord, MA George Wheeler Sr.'s descendants who in 1805 migrated-to and settled ‘sister-township’ Concord, KY and Concord Church on the Big Sandy River across from the Buffalo Shoal near PHS Superintendent Leon Burchett’s home presently on the outskirts of Paintsville, KY. Again the descendants' nearness to natural baptism water was a necessity.
Myrtle Jayne Wheeler Minix, was also a proud patriot and member of the The National Society of Colonial Dames of America, the Daughters of the American Revolution (DAR) and other genealogical organizations. She began the painstaking research about her 8th Great-Grandfather George Wheeler Sr. years ago before computers and the internet were available. Mrs. Minix was baptized traditionally in Paint Creek, near her church. Legend was that centuries before the Native Indians had painted indicative markers on the trees that lined the Paint Creek.
This reporter was 13 years old when mother, Myrtle Jayne Wheeler Minix,.... born February 1, 1919, surviving rightful descendant-heir of her 7th GGF John Wheeler born March 19, 1643/4. [1] [2] [3],.... wasn’t notified about Massachusetts State 1955 Eminent Domain; nor was any other known descendant-heir of her 4th GGF Jesse Wheeler who established the 1805 sister-settlement Concord, KY, Concord Church and Concord Cemetery, where Jesse Wheeler, Revolutionary War veteran with a DAR marker, and his son Stephen are buried.
She bequeathed this reporter her 62 boxes of genealogy research and marching orders for continuing the genealogy research to satisfactory completion and would expect nothing less than an extensive, detailed and complicated work. This publication is a workbook in progress and is a summary concerning the answer to those directives. There are errors that need corrections that will be addressed as discovered. Mrs. Minix was devout and adamant about baptisms' necessity. She attributed her religious philosophy to her Wheeler ancestors.
A Puritan Mind and Walden Pond Baptism
Some well intentioned, yet mistakes, misunderstandings and miscommunications were made along the 1635 Indian Treaty North Walden Pond 44 acres 1st Title Deed Land Patent way, but no intentional illegal conspiracies were evidenced. The advent of a new country was celestial after all.
A new Concord settlement without a baptism source of water would have been an unforgivable Puritan mistake. Hence the North Walden Pond 44 acres and pond water were included in the 1635 Indian Treaty 6-square-mile 'Musketaquid' (Concord) territory. "At this court there was granted to Minister Bulkly and [blank] merchant, and about 12 families, (George Wheeler Sr. and family) and 11 others, to begin a town at Musketaquid, for which they were allowed six miles upon the river,"
Mat 20:22 But Jesus answered and said, ye know not what ye ask. Are yea able to drink of the cup that I shall drink of, and to be baptized with the baptism that I am baptized with? They say unto him, We are able.
Mat 20: 23 and he saith unto them, Ye shall drink indeed of my cup, and be baptized with the baptism that I am baptized with; but to sit on my right hand and on my left is not mine to give, but it shall be given to them for whom it is prepared of my Father.
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:
“Evidently, when John Wyman died in 1800 his son Thomas Wyman decided not to continue the pottery trade. Pottery ceased around Walden Pond Woods 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 i.e. without permission. Often the sheriff came in vain to collect taxes. “He attached a chip,” for notice, 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 his pots we used had not come down unbroken from those days, or were grown on trees like gourds. I was pleased the 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
Supreme Court’s decision in [McGirt v. Oklahoma SCOTUS 2020] "is a new chapter" in the NWP44a chronicle and an opportunity to reclaim the Unconstitutional ‘Seizure’ of NWP44a "and again maintain" our Wheeler Family’s NWP44a and shoreline baptismal property rights; "rather than yet again perpetuating additional falsehoods" 1. and 'dare anyone suggest' that would also "require disestablishment of the (1635 Concord-) Indian Treaty." 2. [1. paraphrased, Reflection on McGirt v. Oklahoma by Jonodev Chaudhuri, Nov 20, 2020 , 134 Harvard. Law. Review. F. 82, Tags: Harvard Law Review Forum, Indian Law] [2. SCOTUS McGirt v. OK 2020]
Concord Puritans faithfully practiced 2 sacraments, Baptism and the Last Super. Just as important, property ownership became a 'passion' and soon developed as if inbred. “England’s 'open field system' suggested there were advantages in communal property, work, property and products shared by all.”
“Concord Massachusetts Bay Colony had a new appreciation of private ownership and private control of property, even among men who had grown up in old English communities that used the common ‘open field system of farming’. Land hunger of New England after 1650 created new incentives to gain and exercise personal sovereignty over the main economic resource, land.
MA Bay Colony's leading businessman, property records clerk, overseeing property transfers, George Wheeler Sr.'s words and religious and property creeds are most likely in the U.S. Constitution.[Stanford Law Journal, Introduction]]
"Later, independent yeoman farmer tradition so impressed Thomas Jefferson that he built an entire political philosophy around it. The idea that individual men are more responsible for the administration of property than boards of political appointees or even elected officials became a fundamental principle of 18tgh and 19th century American life. Concepts of personal responsibility and personal authority the family farm became great American symbol.
"The endless quest for land by American families is one of the most impressive tales in American history. It began as soon as the Pilgrims stepped off the Mayflower and their Puritan neighbors stepped off the Arabella a decade later. The experiment in common ownership in village after village over half a century convinced ministers, laymen, and political leaders that the private ownership of the means of production was not only the most efficient way to get Christian goals accomplished, but also that such a form of ownership was economically profitable as well.
"They saw, almost from the start, that social peace is best achieved by means of the private ownership of the tools of production, especially that most crucial of tools, land. The lessons of that first half-century of New England Puritan life is one of the most important heritages of American life. Without it, indeed, American life would be impossible to interpret correctly. [The Puritan Experiment in Common Ownership Monday, April 1, 1974, by Gary North, The Foundation for Economic Education]
George Wheeler Sr. is approximately the 9th Great-Grandfather of each of 'The Society' members. The 1955 Eminent Domain ‘Seizure’ of the 1635 Indian Treaty North Walden 44 acres (NWP44a), ‘The Federal Supreme Law of the Land’, was bequeathed to son John Wheeler, then the "Whole Communal Land Title” was and continues to be inherited by his descendant-heir families’.
For the determined 'Puritan Mind', the Unconstitutional Civil Rights Property Violations' were equivalent to disinheritance of the NWP44a 1st Title Deed Land Patent with shoreline baptismal and equivalent to Puritan defrockation and termination. Readers must picture this youthful reporter standing on the creek bank experiencing the spiritual uplifting while listening to the 'ole time' harmonic acapella gospel and watching the baptism of mother Minix in the shallow end of cool Paint Creek; worthwhile for others to witness. Reflecting, restitution for peace of the determined 'Puritan Mind' and 'ole time' religion are ingrained in this reporter.
The NWP44a Land Patent Unconstitutional Civil Rights Property and shoreline Baptismal 'Seizure' and Violation and other preceding unorganized, unrelated serial 'faux pas' and blunders, have not been previously reported-to authorities and not recognized-by authorities until now.
Since the NWP44a 1955 naïve state of Massachusetts Unconstitutional Eminent Domain, enlightenments, facilitated by computers, the internet and other progressive wonders, have revealed the Wheeler families' accurate histories, official records and correct NWP44a Land Patent ownerships, that are readily available and published in this report
Blatantly and innocently malinformed descendants of Ralph Waldo Emerson and other malinformed families ‘deeded’ the Unconstitutional Civil Rights Property Violations' land NWP44a to the Commonwealth of Massachusetts in 1922. ["Walden Pond State Reservation" Department of Conservation and Recreation. 2007]
Readers should be mindful that Emerson’s North Walden Pond 13 acres 80 rods
And be mindful, this ' Walden Pond historic sacred place' concept was originated by Thoreau's idle and Harvard colleague, Charles Stearns Wheeler and his Flint Pond Wheeler Cabin Site before Henry David Thoreau and his Cabin Site on North Walden Pond 44 acres Land Patent.
"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." Did Channing suggest he copied the ideas of others at Flint Pond and implemented them at Walden Pond ? [a Historical and Biographical Introduction to ‘the ‘Dial’ by George Willis Cooke, Cleveland: Rowfant Club, 1902, v, 2 pp. 161-165] [Myerson, Joel. “An Annotated List of Contributions to the Boston ‘Dial.’” Studies in Bibliography, vol. 26, Bibliographical Society of the University of Virginia, 1973, pp. 133–66, http://www.jstor.org/stable/40371573]
“In 1961, the Middlesex County Commissioners, then managing the 1922 donated land (that were actually QUITCLAIM deedless donations), proposed leveling a significant portion of the preserve for a parking lot and other ‘improvements’. An acre of woodland had been leveled for access to the public beach when the Commissioners were sued to stop the destruction of the existing environment.
“Judge David A Rose, sitting in the Massachusetts Superior Court, ruled that Walden Pond's Donors’ deeds (that were actually QUITCLAIM deedless donations) donating the property to the Commonwealth required preservation of the land and prohibited further destructive development.
Massachusetts Superior Court Judge David A. Rose ruled the Walden Pond deed donation (that were actually QUITCLAIM deedless donations) to the park system required Preservation of the Walden Pond Land and barred further destructive development. [Sullivan, Ronald (May 5, 1995). "David A. Rose, 89; Massachusetts Judge Headed Rights Panel". The New York Times. Retrieved 2008-10-28.]
Walden Pond became a Massachusetts State Park system in 1975 with Judge Rose’s Preservation stipulation before allowing Walden Pond family property donations (that were actually QUITCLAIM deedless donations) to state park system.
Unfortunately, from the numerous verified scientific studies and internet reports, Judge David A. Rose’s Preservation stipulation has long since been forgotten and violated. Judge David A. Rose’s Preservation stipulation has miserably failed. Consequently, Walden Pond's Quitclaim Title Theft. a terrible miscarriage of justice must be overturned.
However, 4 important facts were revealed in the case:
Today, many Christians are turning back to the Puritans to, “walk in the old paths,” of God’s word, and to continue to proclaim old truth that glorifies Jesus Christ. There is no new theology. In our electronic age, more and more people are looking to add electronic books (ePubs, mobi and PDF formats) to their library – books from the Reformers and Puritans – in order to become a “digital puritan” themselves. multiple electronic forms. There are new books published every month. All proceeds go to support A Puritan’s Mind.
“The first act of religion, therefore, concerns those things which are communicated to us from God. The other concerns those things which we yield to God.” What is this sacrament of the NT all about? And who is able to be baptized?
“In the America of Hawthorne's time such contemporaries as Emerson and Thoreau, transcendentalists both, would find in nature the possibility of communion with an Oversoul. They would also, like the Puritan tradition in which they moved in part, find nature constant symbol: objects embody spirit. They found in nature the possibility of communion with a spirit which had invested the world with meaning, which gave it life, and light, and joy." Give us Wheeler rightful descendant heirs those good vibrations.
This did not rule out admiring the birds, animals, and all aspects of nature for their own sake. And Thoreau, who is said to have had an "edible religion," is possibly the finest example through which to introduce our own students to close observation of nature; let us follow Thoreau to Walden Pond, if we want to watch, day by day, the small animals and birds, the changes of the seasons, the appearance of the pond, crops that grow and are harvested.
This is a world of close intimate communion between man and nature, through which man can see in the cyclic seasons the deep spiritual principle of rebirth as spring succeeds winter. This is the place where man can find himself. [Huseboe, Arthur P., Fd. Fohert Frost's Chicken Feathers and Other Lectures from the 1968 Auqustana College NPFA English Institute. Auaustana College Press Monograph Series mo. 1.Sioux Falls, S. Dakota]
Analysis: Thoreau's actions while living at Walden illustrate his concern with purification and rebirth. He has already stated that he swam early every morning in the pond. These actions function as a sort of ritual baptism, representing a new beginning and connecting Thoreau physically with nature. Here, he speaks about the swims he took after working or reading in the morning.
That refers to these swims as "bathing" illustrates that this action serves to symbolically clean and revive him. Thoreau himself seems to realize the symbolic nature of these baths, for he swims not only on days when he is covered in dust from his bean patch but also to "smooth out the last wrinkle which study had made." Thus, the afternoon is "absolutely free" not only from occupation but from worry or concern.
Once again, we see that Thoreau's cabin at Walden and the woods themselves function as a refuge, though an imperfect one. He is always happy to "return home" at night, whether from a friend's parlor, a lecture, or from jail.
It is clear that "home" to Thoreau is not just his cabin. It is the woods, too a place where Thoreau, unlike the villagers who will stay overnight in a friend's house in the center of town rather than venture to their own on the outskirts in the dark, is comfortable and able to function almost instinctually. Thoreau has symbolically become a part of the woods, knowing it so well that he need not think about it to find his way through the trees in the dark to his door.
Thoreau uses an extended metaphor of sailing to describe his progress through the woods and does so in a way that upsets expectations. For him, this sailing is not dangerous but "smooth sailing." Unlike Odysseus of his beloved Homer, Thoreau is never "cast away nor distressed in any weather." He finds Sirens to tempt him into danger not on these voyages through the woods but in the village. Like Odysseus, he is able to escape them and ultimately return home.
2.3.1 Walden Pond The meanings of Walden Pond are various, and by the end of the work this small body of water comes to symbolize almost everything Thoreau holds dear spiritually, philosophically, and personally. Certainly it symbolizes the alternative to, and withdrawal from, social conventions and obligations.
But it also symbolizes the vitality and tranquility of nature. A clue to the symbolic meaning of the pond lies in two of its aspects that fascinate Thoreau: its depth, rumored to be infinite, and its pure and reflective quality. Thoreau is so intrigued by the question of how deep Walden Pond is that he devises a new method of plumbing depths to measure it himself, finding it no more than a hundred feet deep. Wondering why people rumor that the pond is bottomless,
Thoreau offers a spiritual explanation: humans need to believe in infinity. He suggests that the pond is not just a natural phenomenon, but also a metaphor for spiritual belief. When he later describes the pond reflecting heaven and making the swimmer’s body pure white, we feel that Thoreau too is turning the water (as in the Christian sacrament of baptism by holy water) into a symbol of heavenly purity available to humankind on earth. When Thoreau concludes his chapter on “The Ponds” with the memorable line, “Talk of heaven! ye disgrace earth,” we see him unwilling to subordinate earth to heaven.
Thoreau finds heaven within himself, and it is symbolized by the pond, “looking into which the beholder measures the depth of his own nature.” By the end of the “Ponds” chapter, the water hardly seems like a physical part of the external landscape at all anymore; it has become one with the heavenly soul of humankind. [Paper XVII. Unit 1 Nathaniel Hawthorne’s The Scarlet Letter, Utkal University, Bhubaneswar, Khordha, Odisha. teaching-cum-affiliating university’, Wikipedia https://ddceutkal.ac.in/Syllabus/MA_English/Paper_17.pdf ]
Re-Settling Walden for Spiritual Ends: “This is the economics that Thoreau taught in the beginning of Walden, one that values the bread of life above all else.
Like the Israelites and like these Puritan settlers, Thoreau does not go to Waldenin search of a more luxurious life; rather, he 48 leaves the civilized life of the town in search of a pure and primitive source of spiritual food in the New England wilderness. Johnson’s description of the Concord settlers sets the structure for Thoreau’s economy, where he embraces the physical privations of wilderness living in order to whet his appetite for “spiritual bread”(WA 40)
This contrast between settlers who follow spiritual aims and those who are distracted by material ends runs through the Puritan histories that Thoreau read and cited in Walden, and it shapes his own narrative. 21
“As intellectual historians like Bercovitch and Miller have argued, the Puritan colonists and their religious historians saw the settlement of New England as part of God’s plan to bring about the restoration of his church. Thus, Puritan historians invested American geography with spiritual significance as an arena in which God was accomplishing his redemptive history and ushering in his millennial kingdom. In order to give God the glory he deserved, the Puritans emphasized the need to record and publish the history of God’s work in their community.
In Walden (1854) Thoreau positions his settlement on Walden’s shore as a reenactment of the original settlement of Concord, and like those settlers, his primary goal is not material wealth, but “spiritual bread” that will enable humans to find out for themselves how to “‘glorify God and enjoy him forever’” (WA 40, 91).
“Walden’s form as a Puritan history testifies to Thoreau’s developing interests in early American history and to his desire to regain his place in a divine covenant in order to participate in God’s coming millennial kingdom.
“This purpose—to find spiritual food in the natural world—drives Thoreau to seek a means of living that would not lead to social respectability or material gain but rather to a “poetic or divine life” that is man’s higher end (WA 9 “Thoreau clearly states that he went Walden Pond not merely to live simply, but to cultivate something that civilized comforts might inhibit, an appetite for “spiritual bread.” [God's Wildness: The Christian Roots of Ecological Ethics in American Literature by Jeffrey L. Bilbro, B.A. A Dissertation Baylor University]
Boston, Concord and other Massachusetts early Colonial cities and settlements were blessed with Native Indian Squaw Sachem and her Tribes, Treaties and land appropriations.
A call of warning sounded in 1775 on the eve of the Revolutionary War. Paul Revere – who became a famous American patriot – arranged for a signal to be flashed from the belfry of the Old North Church here. One lantern would mean the British were coming by land, and two would mean they were coming by sea in their march to Lexington. Just as Paul Revere sounded the call of warning 216 years ago, full-time missionaries serving in Boston today sound their own call of warning as they share the gospel message with those living in one of the nation's oldest and most historic cities.
Under the direction of David L. Gillette, president of the Massachusetts Boston Mission, 208 full-time missionaries serve throughout Massachusetts with about 80 serving in Boston, the state's capital. Founded by English Puritans in 1630, Boston – known as the Cradle of Liberty for being the birthplace of the Revolutionary War – is steeped in American history.
But there is a great deal of Church history here as well. The first two missionaries in Boston were Samuel Smith and Orson Hyde, who organized the first congregation in Boston in 1832, only two years after the Church was organized. many missionaries followed.
"Many of the early baptisms in the Massachusetts area were performed in Walden Pond", that was made famous by the Wheeler family and Henry David Thoreau, who wrote the book 'Walden'.
Boston Stake Pres. Gillette said, "Boston is one of the great cities of the world," he continued. "It's a great center of learning and a foundation of the republic, starting at Plymouth Rock and Concord and coming up through the Revolutionary War.
BROOKLINE, MA (December 2, 2008) – Joshua Throneburg, pastor of Highrock Covenant Church in Brookline, and five baptismal candidates wore wetsuits a week ago Sunday during a baptismal service at Walden Pond, made famous by (the omitted Wheeler Family) Henry David Thoreau.
The church chose to do the baptism in Walden Pond because of its accessibility and not because of its history, Throneburg says. Still, he adds, “It’s a great thing to be able to say you were baptized in Walden Pond.”
The church decided to conduct the service at this time because people attending the newly planted church increasingly were asking about baptism, Throneburg says. The congregation decided to not wait until warm weather because that would mean another six months.
Seventy-five people braved the weather to watch the baptismal service, Throneburg says. The temperature was around 30 degrees with a “stiff wind.” Throneburg had to convince the company that holds the church’s liability policy for any offsite activities that it would be safe to proceed with the service – some church members had expressed reservations.
Despite the frigid conditions, “The baptism candidates were all pretty excited about it,” Throneburg says. Howard Burgoyne, East Coast Conference superintendent, attended the event. He had preached earlier during the regular service about the role of baptism and new life in Christ. [Walden Pond Baptism – Chilly, But Meaningful, December 2nd, 2008, The Evangelical Covenant Church 2013, CovChurch.org]
When searching for Walden Pond Baptism documentation innumerable references were found; to cite just a few:
George Wheeler Sr’s 1635 Indian Treaty, ‘Constitutional Supreme Law of the Land’, North Walden Pond 44 acres 1st Title Deed Land Patent ownership title search and deed reference end with bequeathed descendant-heir son John Wheeler 1643-1713 and his widow 1646-1725 Sarah Larkin Wheeler’s 8 children’s Whole-Communal descendant-heirs’ families generation-after-generation until now. [Whole-Communal, SCOTUS McGirt v. Oklahoma 2020]
The 1635 ‘Musketaquid-(Concord)-Indian-Treaty, that included ceded rights, agreements and promises for George Wheeler Sr.’s North Walden Pond 44 acres, has never been altered, revoked or disestablished by the only legal authorities with the power for that purpose i.e. the Federal Attorney General and the United States Congress, but no state has that authority; “anything in the Constitution or Laws of any State Contrary to the United States Constitution have no standing.” [Constitution Annotated Art. I, §8; Art. VI, cl. 2.]
Supreme Court Of The United States McGirt v. Oklahoma 2020 is now a SCOTUS precedent for Eminent Domain Unconstitutional Civil Rights Property Abuse Violations, which has been a significant land ownership problem.
“Chief Justice John Marshall returned to the subject of Indian land ownership in 1823, writing the majority opinion in the case of Johnson v. M’Intosh. This time, Marshall devoted considerable space in his opinion to the question of Tribal government’s ownership of the land.
“He again ruled that American Indians had some right to the land, but this Indian right was something less than full legal ownership. Marshall wrote that the right of discovery gave European nations “ultimate dominion” over North America. Although Natives had a “legal as well as a just claim” to retain possession of the land, they did not own it. Rather, land grants from European governments {{{incorrectly]]] conveyed ownership. These grants, Marshall claimed, “have been understood by all, to convey a title to the grantees, subject only to the Indian right of occupancy.” Marshall’s assertion that, “These grants have been understood by all to convey a title to the grantees,” is wrong. But the statement remains at the foundation of U.S. legal understanding regarding Native possession of the land.
“Marshall understood and sought to deflect the moral issues his finding raised: “We will not enter into the controversy whether agriculturalists, merchants, and manufacturers, have a right, on abstract principles, to expel hunters from the territory they possess.” Rather, concluded Marshall, “Conquest gives a title which the Courts of the conqueror cannot deny, whatever the private and speculative opinions of individuals may be, respecting the original justice of the claim.”
“Since the 17th century, it had been conventional wisdom among settlers from Europe that when Indians owned and farmed property their life was improved. Europeans firmly believed that ownership of private property led to material wealth and such wealth was an essential component of what they believed to be civilization. This fundamental assertion remained unchanged in the 19th century. James Madison held that Indians must adopt to individual land ownership “for a transit from the habits of the savage to the arts and comforts of social life.”
The U.S. Commissioner of Indian Affairs was more direct in 1838: “Unless some system is marked out by which there shall be a separate allotment of land to each individual, you will look in vain for any general casting off of savagism. Common property and civilization cannot co-exist.” [A Brief History of Land Transfers Between American Indians and the United States Government. Clarke Historical Library, Central Michigan University]
Article VI Clause 2: "U.S. Constitution, and the Laws of the United States which shall be made in 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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." [Constitution Annotated https://constitution.congress.gov/browse/article-6/clause-2/]
“United States Constitutionally provides 3 main functions. First it creates a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches. Second, it divides power between the federal government and the states. And third, it protects various individual liberties of American citizens.”
“Another important function of the Constitution is to divide power between the national government and the state governments. The federal government is very strong, with much power over the states, but at the same time, it is limited to the powers enumerated in the Constitution. Powers not delegated to the federal government, nor prohibited to the states are reserved to the states or to the people. Although the powers of the federal government are limited to those enumerated in the Constitution, those enumerated powers have been interpreted very broadly. And under the supremacy clause of the Constitution, federal law is supreme over state law. State or local laws that conflict with the Constitution or federal statutory law are ignored and disregarded.
‘The Constitution also limits the powers of the states in relation to one another. Because the United States Congress has been given the power to regulate interstate commerce, the states are limited in their ability to regulate or tax such commerce between them. Under the Constitution’s privileges and immunities Clause, states are prohibited from discriminating in many ways against citizens of other states.
“The third main purpose of the Constitution is to protect the personal liberty of citizens from intrusions by the government. A few of these protections are found in the main body of the Constitution itself. For example, Article I, sections 9 and 10 prohibits both ex post facto laws, which punish conduct that was not illegal at the time it was performed, and bills of attainder which single out individuals or groups for punishment.
“Most Constitutional protections for individual rights are contained in the Bill of Rights, which constitute the first ten amendments to the Constitution. These amendments were adopted shortly after the adoption of the Constitution itself, in response to state concerns about the Constitution’s lack of protections for individual rights.
“The protections of these amendments were originally interpreted to apply only against the federal government, after the Civil War. The Fourteenth Amendment also contains the equal protection clause, which protects citizens from discrimination by the states on the basis of race, but the Supreme Court has since ruled that most of them were made applicable to the states by passage of the Fourteenth Amendment due process clause. The Fourteenth Amendment also contains the equal protection clause, which protects citizens from discrimination by the states on the basis of race, sex and other characteristics. [I. THE UNITED STATES CONSTITUTION, A. The Functions of the Constitution, Protecting Constitutional Rights of the United States, University of Baltimore School of Law, Shapiro Course, https://home.ubalt.edu/shapiro/rights_course/Chapter1text.htm]
U.S. Constitution provides that George Wheeler Sr.’s 1684 bequeathed son John Wheeler's descendant Communal heir families continue to own Indian Treaty Walden Pond 44 acres that George Wheeler Sr. purchased from Squaw Sachem and her Pennacook Indians, a sub-Tribe of the Nipmuc 1st Nation, during the 1635 Concord Massachusetts Bay Colony Indian Treaty agreements and promises..
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.
“The protections of these amendments were originally interpreted to apply only against the federal government, but the Supreme Court has since ruled that most of them were made applicable to the states by passage of the Fourteenth Amendment due process clause after the Civil War. The Fourteenth Amendment also contains the equal protection clause, which protects citizens from discrimination by the states on the basis of race, sex and other characteristics.[I. THE UNITED STATES CONSTITUTION, A. The Functions of the Constitution, Protecting Constitutional Rights of the United States, University of Baltimore School of Law, Shapiro Course https://home.ubalt.edu/shapiro/rights_course/Chapter1text.htm ]
Chapter II. Walden Pond water contaminants and pollutants have become serious problems. Contaminated Groundwater, Soil, and Sediments have been found at Nuclear Metals Site in Massachusetts. Groundwater feeds the 2 springs under Walden Pond. The Nuclear Metals site includes a 46-acre parcel located in Concord, MA, and surrounding areas where groundwater contamination has migrated. The site property is bordered by woods, homes, commercial and industrial properties, and to the north in part by the Assabet River. Analytical results indicate the groundwater beneath the property, which is not a source of public drinking water, is contaminated with radioactive material – depleted uranium – and to a lesser extent, volatile organic compounds (VOCs).
A December 6, 2019, court-approved consent decree between the U.S. Environmental Protection Agency (EPA), Textron, Inc., Whittaker Corporation, and the U.S. Army and the U.S. Department of Energy, valued at $125 million, provides for the final phase of a multi-phased cleanup at the Nuclear Metals, Inc. Superfund site in Concord, Massachusetts. Textron, Inc. and Whittaker Corporation will perform the cleanup work based on the Agency’s 2015 plan to address the contamination at the site. The federal agencies will provide funds for cleanup. Additionally, the parties will pay the EPA’s past costs of about $400,000, as well as the EPA’s future costs to oversee the cleanup. [$125 Million Settlement to Clean up Contaminated Groundwater, Soil, and Sediments at Nuclear Metals Site in Massachusetts, EPA https://www.epa.gov/enforcement/125-million-settlement-clean-contaminated-groundwater-soil-and-sediments-nuclear-metals]
The Nuclear Metals Site facility in Massachusetts was listed as a Superfund site in 2001, and EPA placed a temporary cover over the holding basin in 2002 to address one of the most immediate risks at the site. Approximately 185,000 square feet of building space was demolished between 2011 and 2017 at a cost of $54 million under a previous agreement with the EPA. [EPA Announces $125 million settlement for cleanup of the Nuclear Metals Superfund Site in Concord, Massachusetts, 10/10/2019 Contact Information: (press@epa.gov)]
"If the Walden Pond water over-whelming algae bloom becomes pathological, neurological morbidity and mortality and other contaminants and pollutants morbidity and mortality might consequent. Contamination Transparency appears to be lacking. Much work remains for alleviating the catastrophic Walden Pond water conditions.
“The pond is protected as part of Walden Pond State Reservation, a 335-acre State Park and Recreation site managed by the Massachusetts Department of Conservation and Recreation.[1]
Walden Pond State Reservation was designated a National Historic Landmark in 1962 for its association with the writer Henry David Thoreau (1817–1862), who lived 2 years in a cabin on its shore that provided the foundation for his famous 1854 work, Walden; or, Life in the Woods.
Thoreau's North Walden Pond Cabin Site was actually purchased, owned and began with George Wheeler's 1635 Indian treaty and popularized by Emerson and Thoreau. About half of the National Historic Landmarks are privately owned.[8][National Historic Landmarks Update, National Park Service, October 2004]
National Historic Landmark Criteria
NHLs are designated by the United States Secretary of the Interior because they are:
"The National Park Service oversees 2 federal designation programs: 1. National Register of Historic Places and 2. National Historic Landmarks Program. Properties designated as NHLs instruct and protect honest and truthful important stories related to the history of the nation overall and must also possess a high level of historic integrity; [ National Historic Landmark (NHL), Wikipedia https://en.wikipedia.org/wiki/National_Historic_Landmark#cite_note-8]
The National Historic Preservation Act of 1966 ensured federal support for the preservation of the Walden Pond fresh water lake supplied by 2 lake-bottom springs.[5] [Walden Pond State Reservation, https://www.walden.org/what-we-do/friends-of-walden-pond/our-park/]
Native Indians’ lives in the woods’ intriguing histories “extend back 12,000 years by all accounts” and the George Wheeler Sr. families’ lives in Concord, MA and Walden Pond Woods extend from 1635 until now, 2021, and are unaccounted historically.
The Walden Pond State Reservation “LEED-certified Gold Visitor Center exhibit area for visitors to engage-in the legacy of Henry David Thoreau and the natural history of Walden.”
The Concord, MA Walden Pond State Reservation LEED-certified Gold Visitor Center significant omissions are the sacred lands of the inspiringly historical Aboriginal Indian and Squaw Sachem and her Pennacook Indian sub-Tribe of the Nipmuc 1st Nation Walden Pond and inspiringly sacred baptismal waters for Colonial Puritans frequently from Boston and other Massachusetts Colonists and the George Wheeler Sr. families from Concord, MA hallowed places that were penned by Thoreau.
“Henry David Thoreau (1817-1862)—Transcendental author, lecturer, naturalist, student of Native American artifacts and life, land surveyor, pencil-maker, active opponent of slavery, social critic, and almost life-long resident of Concord, Massachusetts—was born in his grandmother’s house on Virginia Road in Concord. His father, John Thoreau, storekeeper and pencil-maker was French Protestant. Jean (John) Thoreau (1754-1801), Henry’s grandfather, born on the Isle of Jersey, came to America in 1773 and became a successful merchant in Boston. He married Jane Burns in 1781. A year after his first wife’s death, John Thoreau married Rebecca Kettell. In 1799, he bought part of what is now the Colonial Inn building in Concord and moved his large family there in 1800.
Henry Thoreau’s mother, Cynthia Dunbar Thoreau (1787-1872), was born in Keene, New Hampshire. Her mother, Mary Jones, married the Reverend Asa Dunbar in 1772, was widowed, and married Captain Jonas Minott—who owned the Concord farm where John Thoreau was later born in 1798.” [THOREAU FAMILY CORRESPONDENCE, 1836-1878, Concord Free Public Library, Vault A45, Thoreau, Unit 3]
The Henry David Thoreau family came to America in 1773; 138 years after the George wheeler Sr. family arrived. Henry David Thoreau evidently imbibed substantial Colonial New England information from the Wheeler family with whom he closely associated.
John b. 1643 Wheeler's brother and bequeathed owner of NWP44A, Capt Thomas Wheeler's descendant “Charles Stearns Wheeler (1816-1843) was born in Lincoln, MA. and entered Harvard in 1833. He was a very dedicated student, never idle and abided rules compliantly. He had fixed principles and pure character and graduated 2nd in his Harvard class. Charles Stearns Wheeler tutored Greek and a history instructor at Harvard. He assisted Emerson in proof reading and editing 4 volumes of Carlyle’s ‘Miscellanies’, edited Tennyson’s 2 poems’ volumes and volume 3 of Margaret Fuller’ ‘The Dial’. Ellery Channing provided Frank B. Sanborn with episodes of the history of Charles’ life.
Charles Stearns Wheeler was Thoreau's classmate at Harvard. As a guest, Thoreau often dined with the Charles Stearns Wheeler’s family, especially when he shared the Charles Stearns Wheeler cabin (shanty) at Flint’s Pond, that was bequeathed by George Wheeler Sr. to Captain Thomas Wheeler, Charles Stearns Wheeler’s ancestor. From appearances, Thoreau gleaned historical Walden Pond information from Charles Stearns Wheeler and family. “Thoreau was inspired for his Walden Pond life in the ‘wilderness’ at cabin (shanty) at Flint’s Pond….. “The suggestion of his own experiment on the shores of Walden Pond doubtless came to Thoreau from Wheeler.”
“Thoreau was not too original and inventive and beyond following the examples of others. His undertaking of Charles Stearns Wheeler’s friendship, whom Thoreau regarded his hero and a man he worshiped, reference heard Thoreau say……. Charles Stearns Wheeler suggested Thoreau’s own experiment and carry-out some special study on Walden Pond.”
During Charles Stearns Wheeler’s studies in Germany and other European destinations, he died a young prodigy, highly praised by Ralph Waldo Emerson and ‘a man of great promise’ from ‘gastric fever’ in Rome 1843. His legendary scholarship reputation lingered years after. “A gap in this community not easily filled, said Emerson.” Please read more of Charles Stearns Wheeler’s remarkable shortly lived history. [a Historical and Biographical Introduction to ‘the ‘Dial’ by George Willis Cooke, Cleveland: Rowfant Club, 1902, v, 2 pp. 161-165].
Tutored by Charles Stearns Wheeler and having visited it during his childhood, Thoreau was familiar with Walden Pond, and was enamored with the idea of living on the pond shores even as a child (Salt, 1993). The idea to temporarily separate himself from society may have been planted in Thoreau’s mind after an 1837 visit to a Harvard friend Charles Stearns Wheeler, who had built a shanty and resided near Flint’s Pond in Lincoln (Cain, 2000).
Thoreau wanted to build his cabin (Shanty) on Charles Stearns Wheeler family Flint’s Pond but the Wheeler family denied his request. This was substantiated confirmation for the Wheeler’s supervision of Flint’s and Walden Pond during the Thoreauvian Pontification Era. Flint and Walden Pond were owned by the Wheeler family i.e. Walden Pond by George Wheeler Sr.’s bequeathed son and sole executor John Wheeler and Flint Pond by George Wheeler Sr.’s bequeathed son Captain Thomas Wheeler. Walden and Flint’s Ponds were always owned and operated and had never been abandoned by the Wheeler family, as alleged by misbehaving ‘Squatters’.
Ralph Waldo Emerson mistakenly purchased a 'Squat', not ownership, of the 13 acres and 80 rods Thoreau Cabin Site located within the George Wheeler Sr. Indian Treaty North Walden Pond 44 acres. Thoreau accurately stated in 'Walden' that he “squatted” there in the Cabin.
Thoreau’s book ‘Walden’ August 9, 1854 was obviously greatly influenced by Charles Stearns Wheeler, who died in 1843, and the influential Wheeler families’ associations.
Oddly, “Emerson didn’t get much attention in Thoreau’s book ‘Walden’ and mysteriously, Thoreau never mentioned that Emerson owned 13 acres and 80 rods within the Walden Pond 44 acres in his book ‘Walden” because Thoreau knew Emerson didn’t legitimately own NWP44A because Thoreau knew Emerson purchased a "Squat' not ownership from ‘Squatter’ Thomas Wyman? [Sparknotes.com. https://www.sparknotes.com/lit/walden/characters/]
The following are reviews of Thoreau, Hubbard and others Concord, MA surveys.
“To be exact, one acre is 90.75% of a 100-yd-long by 53.33-yd-wide American football field (without the end zone). The full football field , including the end zones, covers about 1.32 acres (0.53 ha).”
[https://en.wikipedia.org/wiki/Acre] [s://www.propertycalcs.com] [https:www.propertycalcs.com]
Henry David Thoreau Survey Collection for his and other surveyors:
[HENRY DAVID THOREAU PAPERS, 1836-[1862], Vault A35, Thoreau, Unit 1 Concord Free Public Library] EXTENT: ca. 265 items + related photocopy, transcripts, and printed materials (one five- drawer flat storage unit for surveys, plus two containers)
The Emerson legitimate South Walden Pond Deed states the survey was done by Cyrus Hubbard the year of purchase, Nov 26, 1845, and recorded in Middlesex County Records for South Walden Pond 41 acres and 51 rods.
4. Henry David Thoreau. RWE (Ralph Waldo Emerson) 'Squat' in North Walden Pond (surveyed by Hubbard Dec ’1848, copied Dec ’1857), manuscript survey (pencil on paper). No. 31a in CFPL Thoreau survey collection.
- RWE (Ralph Waldo Emerson) 13 acres and 80 rods 'Squat' {in George Wheeler Sr.’s Indian Treaty North Walden Pond 44 acres mbmsrmd} (surveyed by Hubbard Dec ’1848, copied Dec ’1857), manuscript survey (pencil on paper). No. 31a in CFPL (Concord Free public Library) Thoreau survey collection.
In 1848 Cyrus Hubbard surveyed Emerson's 13 acres + 80 rods purchased Oct 4, 1844 without a deed. not recorded and no clear chain of title. This 'Squat' with Thoreau's Cabin Site was not to be confused with Emerson's legitimate South Waldon Pond 41 acres recorded in South Middlesex Co, MA on the other side of the Pond. However, In 1922, ~80 years later, when both properties were lumped together under the 1 recorded deed and donated (the North 1/2 was actually QUITCLAIM deedless donation), this is the reason all were and are now confused. Thus, the cavalcade of Civil Property Rights Violations continued as it began.
[Proof of QUITCLAIM deedless donations 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]
Ralph Waldo Emerson’s 13 acres + 80 rods, surveyed Dec 1848 and recorded 1857 was North of the Walden Pond water on John Wheeler families', son of George Wheeler Sr., 44 acres of Walden Pond property. The shoreline point of the land intersected the pond water-{mbmsrmd} [THOREAU PAPERS, 1836-[1862], Vault A35, Thoreau, Unit 1 Concord Free Public Library]
[HENRY DAVID THOREAU PAPERS, 1836-[1862], Vault A35, Thoreau, Unit 1 Concord Free Public Library]
ORGANIZATION AND ARRANGEMENT: Organized into four series: I. Surveys, 1846-1860; II. Survey-related notes, mss., etc., 1840-1861; III. Manuscripts, [1862], [n.d.]; IV. Correspondence, 1836, 1855, [n.d.]. Surveys and most survey-related materials arranged according to Library-devised numbering system (by and large alphabetical by name of property owner).
BIOGRAPHY: Henry David Thoreau was an American author, lecturer, naturalist, student of Native American artifacts and life, transcendentalist, land surveyor, and life-long resident of Concord, Mass. Active opponent of slavery and social critic.
Born July 12, 1817, son of Concord storekeeper and pencilmaker John Thoreau and Cynthia Dunbar Thoreau. Graduated from Harvard College and began keeping a journal--the source for much of his writing--in 1837.
Taught public school in Concord briefly in 1837. Lecturer for Concord Lyceum from 1838. Sought (largely unsuccessfully) to publish pieces in periodicals from late 1830s. Travelled down Concord and Merrimack Rivers with brother John in 1839. Ran private school with John 1839-1841, John’s illness and death putting an end to the enterprise. Lived in Emerson household 1841-1843. Tutored children of Emerson’s brother William on Staten Island 1843-1844. Returned to Concord and, in 1845, built house on Emerson’s land at Walden Pond, where he lived from summer of 1845 until Sept., 1847. In summer of 1846, jailed overnight for non-payment of poll tax in protest against slavery. His piece "Resistance to Civil Government," reflecting this experience, was published in E.P. Peabody’s Aesthetic Papers in 1849. While at Walden, wrote first draft of A Week on the Concord and Merrimack Rivers and kept journals which he later worked into Walden, or, Life in the Woods. A Week, published at author’s risk in 1849, did not sell and the remaining copies were returned to Thoreau (1853). Walden was published in 1854.
Actively took up land and property surveying in 1840’s, working both for Town of Concord and for private property owners. Thoreau’s friends included Ralph Waldo Emerson, Louisa May Alcott, Amos Bronson Alcott and Ellery Channing in Concord, H.G.O. Blake of Worcester, and Daniel Ricketson of New Bedford. Journeyed to Cape Cod in 1849 and 1853, to Canada in 1850, to Maine in 1853 and 1857, and to Minnesota (with Horace Mann, Jr.) in 1861.
Thoreau’s essay "Walking," published posthumously in the Atlantic Monthly for June, 1862, was based largely on journal entries for 1850-1852. Thoreau had delivered lectures entitled "Walking" in 1851/1852 and 1856/1857. Close to his death, he revised his material in preparing the manuscript submitted for publication in the Atlantic Monthly.
Henry David Thoreau died of tuberculosis on May 6, 1862. Sister Sophia edited unpublished manuscripts, resulting in publication of several posthumous books--Excursions (1863), The Maine Woods (1864), Cape Cod (1865), A Yankee in Canada (1866). Emerson edited letters (Letters to Various Persons, 1865). H.G.O. Blake published four volumes based on selected journal entries (Early Spring in Massachusetts, 1881, Summer, 1884, Winter, 1888, Autumn, 1892). Thoreau biographer H.S. Salt and F.B. Sanborn edited poems (Poems of Nature, 1895). Complete works: Riverside Edition (1894); Walden Edition (1906); Princeton Edition (ongoing to date).
SCOPE AND CONTENT: Papers 1836-[1862], including 195 land and property surveys and maps (1846-1860), survey-related notes, manuscripts, etc. (1840-1861), other manuscript material ([1862] and [n.d.]), and correspondence (1836, 1855, and [n.d.]).
Surveys are primarily of land and property in Concord, Mass. (including three of Walden Pond).
Surveys processed and cataloged through a grant from the National Historical Publications and Records Commission. Images scanned from original surveys through a grant from AT&T
Note regarding transcription: The captions for the Thoreau surveys in the following list and on the thumbnail image pages were normalized in the process of transcription. They may vary somewhat from Thoreau's own manuscript captions in capitalization, punctuation, and abbreviation. If in citation the viewer finds it desirable to present Thoreau's caption exactly as it appears on the survey, retranscription from the survey image itself is recommended.
31a RWE [Ralph Waldo Emerson] Lot by Walden ... Dec. 185731b RWE's Woodlot by Walden ... [n.d.]
On October 4, 1844, Ralph Waldo Emerson wrote his brother William about his recent purchase of land at Walden Pond: “I have lately added an absurdity or two to my usual ones, which I am impatient to tell you of. In one of my solitary wood-walks by Walden Pond, I met two or three men who told me they had come thither to sell & to buy a field, on which they wished me to bid as a purchaser. As it was on the shore of the pond, & now for years I had a sort of daily occupancy in it, I bid on it, & bought it, eleven acres for $8.10 per acre. The next day I carried some of my well-beloved gossips to the same place & they deciding that the field was not good for anything, if Heartwell Bigelow should cut down his pine-grove, I bought, for 125 dollars more, his pretty wood lot of 3 or 4 acres, and so am landlord & waterlord of 14 acres, more or less, on the shore of Walden … ”
“Emerson’s purchase of land at Walden provided Henry Thoreau with the opportunity he had been looking for to live simply and self-sufficiently in nature and to devote himself to writing. Thoreau built a cabin on and moved to Emerson’s Walden property in 1845” which was 14 acres Pond 13 acres and 80 rods Thoreau Cabin Site of Walden Pond property North of the pond.” {actually continued to be owned by bequeathed heir John Wheeler family, son of George Wheeler Sr. – mbmsrmd]
“Ralph Waldo Emerson himself, besides Thoreau, took great pleasure in the peace and beauty of Walden Pond and the Walden Woods. Edward Emerson wrote of his father’s enjoyment of the place: “The garden at home was often a hindrance and care, but he soon bought an estate which brought him unmingled pleasure, first the grove of white pines on the shore of North Walden, and later the South Walden large tract on the farther shore running up to a rocky pinnacle from which he could look down on the Pond itself, and on the other side to the Lincoln woods and farms, Nobscot blue in the South away beyond Fairhaven and the river gleaming in the afternoon sun.” Emerson often walked to Walden with his children on Sunday afternoons. [49. Herbert Wendell Gleason.Walden from Emerson’s Cliff. From hand-colored glass lantern slide, from the slide lecture “Thoreau’s Country,” purchased from H. W. Gleason, 1936.]
E Journal reference: 1859 July 21.
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.
Other manuscript material ([1862] and [n.d.]), and correspondence (1836, 1855, and [n.d.]) Library numbering. Survey Printing and Viewing Tips. To the Thoreau Survey Index. To the Henry David Thoreau Papers Finding Aid. Special Collections Homepage.
In 1844 Ralph Waldo Emerson and 2 other families paid Cyrus Stow, executor of Thomas Wyman's estate, for the purchase of 3 sections of the 1635 Indian Treaty North Walden Pond 44 acres (NWP44A). NWP44A were never for sale by John (b. 1643) Wheeler's rightful descendant-heirs and after the 1787 Constitution Art. VI, cl. 2. NWP44A a became Constitutionally prohibited purchase, 'Supreme Law of the Land', out-of-bounds that only the John Wheeler rightful descendant-heirs perpetuitously could sale, trade or transact.
Consequently, Emerson in essence resumed Wyman’s Preemption Squat because logistically know or unknown, the NWP44A were owned by Wheeler family heirs' and not for sale but Thoreau lived on NWP44A 2 years and enjoyed it 18 years until his death in 1862 and Emerson enjoyed the NWP44A 38 years untill his death in 1882. But surveyor Henry David Thoreau, wise enough, claimed he himself was ‘Squatting’ on Emerson’s assumed Squat in his book ‘Walden’ and in 1844 did not survey the unrecordable NWP44A.
Cyrus Hubbard surveyed the 13 acres and 80 rods Dec 1848 4 years after the transaction and Hubbard’s survey was unofficially listed by Henry David Thoreau in the 1857 manuscript of surveys (pencil on paper). No. 31a in CFPL (Concord Free public Library) Thoreau survey collection, that was located within the heart of the George Wheeler Sr. descendant-heir family’s Indian Treaty North Walden Pond 44 acres. In 1922 the Heywood, Emerson, Hoar and Forbes families donated deed-less Quitclaim, with no Chain of Title, to the state of MA, and then the NWP44A underwent an Unconstitutional Eminent Domain ‘Seizure’ violation by the state of MA.
The prospect of the lands surrounding Walden Pond being privately {and some questionably owned} but all donated and developed, {including the George wheeler Indian Treaty property, where The Thoreau Cabin Site was built on 13 acres and 80 rods within Walden Pond 44 acres that had a flawed chain of title -mbmsrmd} inspired the families to donate the property to public ownership (Maynard, 2004).
With the sole and express purpose of “preserving the Walden Pond of Emerson and Thoreau,” the families donated the land to the Commonwealth of Massachusetts (see Appendix E for a summary of Walden-related Acts and Resolves). [See Malcolm Ferguson Papers reference above for purposes and QUITCLAIM deedless donations]
Middlesex County was designated as trustee of the reservation. Because a state park system devoted to recreation did not yet exist and the donation deed specifically forbade transfer of the reservation to the Metropolitan District Commission.
“Bathing, boating, fishing, and picnicking recreational activities
”were specifically reserved in the deed. Prior to 1922, the lands on the east part of the pond were used by the public, evidenced by a plan showing land included in the transfer with two bathhouses, two restrooms, and a boat house in the vicinity of the Main Beach.
In 1924, Arthur A. Shurcliff, a prominent Boston based landscape architect, prepared a plan to facilitate access to the Main Beach. Although not all elements of the plan were integrated, the overall site plan for the Main Beach appears to have been heavily influenced by Shurcliff’s vision. Some components of the plan remain today, including two stairways that connect Route 126 to the Main Beach.
Accommodations for the public swimming beach were made throughout the 1940’s, including the construction of a two-story public convenience station that provided men’s and women’s bathrooms on the top floor and a first aid station and staff office space on the bottom floor.
“The 1940s also saw the excavation of Thoreau’s foundation by amateur archaeologist Roland Robbins, and the placement of a memorial to honor the cabin site.”
“Limited visitation estimates during this general time period indicate heavy recreational demand for the park, including a record of 25,000 people in a single day in the 1930s (Gardiner and Associates, 1974).
The county’s management of the reservation was indifferent to preserving and promoting the site’s enormous historic significance (Maynard, 2004); evident in 1957, when the county planned to make “improvements” to the Red Cross Beach. Under the plan, the county removed approximately 100 trees, and constructed a roadbed that was to provide emergency access to Red Cross Beach (Maynard, 2004). The plan called for widening the width of beachfront, measured from bank to shoreline, from 10 to 50 feet; and construction of a 100-foot long concrete bathhouse (Nickols & others v. Commissioners of Middlesex County, 1960).
**MA Supreme Court Suit found tree cutting and road construction too extensive violating the donation agreements and halted the 'improvements'. Judge Rose was praised.
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 associate Colonists’ properties’ Rights were intentionally Sovereignly Purchased and Incorporated under their own names. George Wheeler Sr. and his associate Colonists were experienced business people.
Rights were Sovereignly cessioned (ceded) by the Native American Indians eliminating King Charles I’s corporation intervention and partnership and eliminating English Crown Sovereign Purchase in accordance with International Law.
”Sovereignty is nation to nation or between nations.” A Sovereign country or state is independent, has a permanent population, defined territory, one self-government and the capacity to enter into relations with other sovereign states. [‘If you don’t know treaties and sovereignty, you don’t know history’, by Suzan Shown Harjo, Jul 1, 2021, ICT] [Philpott, Daniel (1995). "Sovereignty: An Introduction and Brief History". Journal of International Affairs. 48 (2): 353–368.]
The 1776 Revolutionary War, conquest and conquer waged against the King an England was not war, conquest and conquer waged against the 6-square-mile Concord, MA Colonists but essentially on their behalf, whose properties’ Sovereign ownership remained unchanged, Sovereign 1635 Indian Treaty properties, protected by the U.S. Constitution and not within MA state jurisdictions, unless the U.S. Congress legislates otherwise and never have.
“[Indian] Treaty shall be obligatory on 2 contracting parties.” 1832 Treaty, Art. XV, id., at 368; see 1833 Treaty, Art. IX, 7 Stat. 420 (“agreement shall be binding and obligatory” upon ratification). 6-square-mile Concord, MA 1635 Indian Treaty was “duly ratified”. [SCOTUS McGrit v. Oklahoma 2020]
“State and federal governments continue to recognize Sovereign Status established by Indian treaties. In an emphatic majority opinion, Justice Neil Gorsuch, with Ginsburg endorsing, declared: “Today SCOTUS is asked whether the land Indian Treaties promised remains an Indian Reservation for purposes of federal criminal law (and Sovereign status). Because U.S. Congress has not said otherwise, we hold the government to its word.” and recognize Sovereign status of the land Indian Treaties promised. [63. McGirt v. Oklahoma, 591 U.S. (2020)]
“Because U.S. Congress has not legislated otherwise, as only U.S. Congress can do,”^ “not simply Justices disagreed with it,* SCOTUS holds the government to its word.” The SCOTUS precedent recognizes the Sovereign status of Indian Treaties and therefore the Sovereign status of George Wheeler Sr.’s ‘Whole Communal heirs’ 1635 Indian Treaty North Walden Pond 44 acres 1st Title Deed Land Patent with shoreline Sacred Baptismal. [^McGirt v. Oklahoma, 591 U.S. (2020)] [ *Stephen Wermiel, SCOTUS for law students: Supreme Court precedent, SCOTUS blog (Oct. 2, 2019, 9:54 AM), https://www.scotusblog.com/2019/10/scotus-for-law-students-supreme-court-precedent/]
Furthermore, a NWP44A Eminent Domain ‘Seizure’ was an Unconstitutional group of Civil Property Rights Violations because the Wheeler family 1. was not notified about NWP44A 'Seizure', 2. was not compensated for the 'Seizure' and 3. then, while required to place George Wheeler Sr.’s 1635 Indian Treaty NWP44A property with shoreline Sacred Baptismal to a ‘better public purpose’ standard, instead obscured the actual NWP44A Thoreau Cabin Site in the ‘Walden Pond Reservation State Park’ by ushering visitors to a replica cabin near the Park entrance and 4. while not required, sacrilegiously desecrated the rite of shoreline Sacred Christian Baptism intended by Colonist George Wheeler Sr.
George Wheeler Sr.'s bequeathed son John Wheeler born 1643 and John's widow who died 1725 Sarah Larkin Wheeler's 8 children's 'Whole Communal' descendant heirs generation-after-generation have been knowingly or accidentally defrauded their Wheeler's 1635 Indian Treaty NWP44A.
Most importantly theft of Wheeler's NWP44A Baptismal Cove abolished Wheeler families' and other families' pilgrimages to NWP44A for Religious and Spiritual enlightenment and practices and exercise of Religious Freedom and abolished NWP44A "Cathedral of Nature" powerful connections with the human Brain 'Connectome' structure for thinking.
Our Creator is both a Scientist and Spiritual God. He Created 2 disciplines, Nature and Human Science and Spirituality, that underpin the development of the Human Soul, the meaning and purpose of Human Life. The Human Soul require the interactions of both. Walden Pond, the ‘Cathedral of Nature, epitomizes the indelible innate philosophy and power of Nature, the guiding light off Humans.
Joy Whiteley Ackerman's extremely interesting dissertation described 'WALDEN: A SACRED GEOGRAPHY'. "They lived experiences and interpretations of Walden Pond’s Sacred Geographical landscape, Sacred Pilgrimage movements and connections, Sacred Mysticism and the innate Power of Walden Pond that to move Human physically, psychologically and spiritually. bodies, as well as our hearts and minds.
"Pilgrim stories affirm the gathering power of place as well as the drawing power of place, through pilgrim experiences of finding and making connections among person, place and text at Walden; especially, but not the person of Thoreau and the Walden text. This gathering power is evident in the diverse ways that pilgrims seek and find Walden.
"Pilgrims may experience Walden as part of a historical landscape, a moral landscape, a symbolic landscape, or a place of personal transformation. What they find depends in part on what they seek: through congruence of place experience and formation of a personal 273 philosophy; manifestation of spiritual principles through the correspondence of landscape and ideology; or physical refreshment and spiritual solace in the face of death.
"The pilgrim experience also highlights the personal value with which Walden has been and continues to be held by many individuals over the decades and through all its changes, a valuation that may be created or sustained through pilgrimage.
“Walden Pond pilgrims reveal anew how deeply special places can be a source of light and life, of inspiration and of renewal. The power of place and pilgrimage is also bound up with revelatory experience.
“In place and through action and subsequent reflection pilgrims come to understand themselves and the world around them in ways not previously considered or experienced. In contrast to abstract thought or patent instruction, pilgrimage is a way to knowing that relies on embodied movement and therefore on the places we “inhabit and traverse.” Pilgrimage is also a form of ritual empowerment." And the Wheeler descendant heirs, during their lifetime and opportunity received those good vibrations.
“Walden Pond Sacred Geography has a peculiarly ill-defined spiritual fullness.
“To consider Walden as Sacred space casts in a very different light the willingness of people to work for it, fight for it, and pay for it, and prepares us to expect that consensus and constancy in regard to its interpretation will always be relative.
“Insight that comes from seeing Walden Pond as Sacred Space also helps those who are most active in and most affected by its use and management to focus on the underlying questions and issues of meaning and interpretation, rather than treating conflict and negotiation merely as a matter of personality.
“Property Rights and ownership Sacred Spaces is a Sacredness for human action, conquest, conquer and negotiation. The fabled sword in the stone claimed by young Arthur comes to mind as a history in which the appropriation of the sacred object reveals and affirms the birthright of the holder.”
“Claims on property are not only a matter of title and deed, but may be effected by planting flags, redrawing maps, changing place names, and controlling use and access. The possession of symbolic objects is another way that claims to sacred space can be asserted and contested: “religious symbols, myths, or rituals can be shown to operate in economic contexts and to serve specific social or political interests.”
“The misuse of Native American and other myths or rituals might be a bid for legitimacy, an attempt to transfer an ethos of ecological nobility on the particular organization, venture, or discourse of those appropriating the tradition. With respect to Walden, we will wonder not only who claims the land, but how the symbolic property has been appropriated and disseminated.”
“Roland Robbins 'Thoreau Cabin Site' Excavation Research began by reconsidering the possibilities for the 'Thoreau Cabin Site'. A place is made sacred not only by its history, but through the work of appropriation, possession, and ownership. 157 When Robbins began his excavation, the 'Thoreau Cabin Site' was located on property owned by the 174 Commonwealth of Massachusetts and managed by the Middlesex County Commission as a public recreation area. In reading Robbins’ journals, I was struck by his presumptive possession of the site. He was generous in giving away Thoreau’s bricks to his supporters, while shielding his work from those he mistrusted. Robbins’ activity on this public land staked a claim for Thoreau and his pilgrims. But Robbins was also staking his own claim to the discovery and the contents of the excavation, efforts which supported his claim to a place among the scholars of Concord and the academics of the Thoreau Society.
“As Robbins began, literally, to poke around the 'Thoreau Cabin Site' and then to excavate trenches in search of the foundation, he began to recover material artifacts relevant to the find. In his daily journals he recorded unearthing nails and plaster, bricks and mortar. Most of these materials were boxed, labeled and stored after removal. But Robbins also rewarded some of his companions at the dig site. His daily log, compiled later into a list, showed what artifacts ended up where. Robbins disseminated bricks from Thoreau’s stockpile at the 'Thoreau Cabin Site' to various people during the period of excavation. And when he became president of the Thoreau Society some years later, those subscribing to lifetime memberships received a small plaque to which were affixed small bits of brick and mortar from his collection. 158
“But Robbins was also careful to guard his work, and concerned to prevent vandalism and looting of the site. After his first discovery of the chimney foundation stones, he carefully reburied the evidence and attempted to disguise where he had been working. A few local friends were invited to witness his work, and to document through 175 photographs Robbins’ methods and the evidence that he was uncovering. Robbins’ caution extended beyond casual passers-by, and when the secretary of the Thoreau Society, Walter Harding, visited Walden to see the work in progress, Robbins denied him access. 159 Yet when a young stranger appeared at the site claiming to be Henry Thoreau, he was not only show the excavation, but given a token brick to take away.160
“The memorial at the 'Thoreau Cabin Site' not only bears testimony to the true location of the Walden house, but also to Robbins’ status as discoverer of the site. Robbins had no academic credentials as an historian and no experience in archaeology. Building from his limited education and working class background, and energized by his curiosity and zeal for accomplishment, he sought to establish himself in a new career. He went on from Walden to excavate other historical sites in New England. Robbins’ rise and reputation in the field of historical archaeology are chronicled in a recent biography.161
“Sacred sites are places of power. From a traditional view, the sacred site has been considered a place of divine power and mystical connection. But from a cultural perspective, the sacred center is a place through which human power relations are asserted, negotiated, and contested. The excavation of the 'Thoreau Cabin Site' and the sacred property associated with it, empowered Robbins in his rise from amateur historian to historical archaeologist, and from an outsider to the president of the Thoreau Society.
“The rocks now buried for safekeeping below the memorial stone are not only the foundation of Thoreau’s chimney, but of Robbins’ subsequent career. “Possession of sacred property can empower the owner. But the value or sacrality of place can be asserted and maintained through claims and counter-claims on its
ownership. 162 176
“Roland Robbins may once have asserted a personal claim on the House Site, but no, at the park gates, there’s little question about who believes they own Walden i.e. state flag flies, DEM logos everywhere, ubiquitous brown paint yell MA claim. But the Wheeler Communal heirs own 1635 Indian Treaty NWP44A.
“When Thoreau was resident at Walden Pond, he was merely a squatter on land owned by the Concord philosopher, Ralph Walden Emerson, who had given his young friend both permission and encouragement to try this experiment in living. In 1922, four families owning land around Walden Pond deeded it to the Commonwealth of Massachusetts. 163 Walden was designated as a national historic landmark in 1965, and by 1975 the control of the property was transferred from the County Commission to the State Department of Natural Resources.164
“These changes in interest and ownership mark a succession in the hierarchy of power and interest in Walden Pond from the individual citizen to the Commonwealth.
“A reading of the politics of property at Walden Pond ‘suggests’ that the place has become too meaningful, or too powerful, for private ownership or local management.”
References: file:///C:/Users/Mike/Downloads/antioch1268155007%20(1).pdf [WALDEN: A SACRED GEOGRAPHY By Joy Whiteley Ackerman A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy Environmental Studies at Antioch New England Graduate School (2005)]
“The Thoreau Cabin site is owned and managed by the Massachusetts Department of Conservation and Recreation and includes 462 acres of protected open space. ~600,000 visitors per year come from near and far to experience this beautiful and serene place that inspired Thoreau so long ago.”
Walden Pond State Reservation has 600,000 visitors per year. Parking passes are $8 for Massachusetts residents and $30 for out-of-state visitors. Parking alone translates to a significant gross income. [The Walden Woods Project https://www.walden.org/property/walden-pond/]
This publication is a workbook in progress and differs with Ackerman's current walden Pond ownership conclusions derived without cued and acquainted Wheeler genealogy and other Wheeler connected and remarkable history access. George Wheeler Sr.'s Indian Treaty Land Patent North Walden Pond 44 acres is currently owned by his NWP 44 acres' bequeathed son John Wheeler's living rightful descendant-heirs today in 2021. Computer and internet enlightenment since the NWP 44 acres 1955 Eminent Domain have revealed the Wheeler families' correct ownerships.
Eminent Domain Unconstitutional Civil Rights Property Abuse Violations
“California Governor Gavin Newsom New Reparations Bill returned beachfront land seized by Eminent Domain to the rightful owners' descendants."
The wrong Sovereign the State of Oklahoma convicted Enrolled Seminole Indian Jimmy McGirt that was overturned in SCOTUS McGirt v. Oklahoma 2020. "The judgment of the Court of Criminal Appeals of Oklahoma was Reversed."
Both court cases and others have dramatically affected Eminent Domain Unconstitutional Civil Rights Property Abuse Violations..
“California Gov. Gavin Newsom signed a landmark California State New Reparations bill September 30, 2021 that will allow Los Angeles County to return beachfront land seized by Eminent Domain from two former Black owners in the 1920s to their descendants."
"There are other families waiting for this very day, to have their land returned to them," cousin Patricia Bruce told the AP." [Gavin Newsom signs bill to return seized beachfront land to Black couple's descendants, By Brie Stimson Oct. 1, 2021. Fox News]
There are State Eminent Domain land condemnations and seizures similar to California and many others in waiting and Federal U.S. Department of Justice, U.S. Attorney General and U.S. Congressional Eminent Domain land condemnations and seizures.
There are State Eminent Domain land compensations, reparations, reclaimations and land returns similar to California and many others in waiting and Federal Eminent Domain Unconstitutional Civil Rights Property Abuse Violations investigated and rectified with compensations, reparations, reclaimations, land returns and
re-entitlements by the U.S. Department of Justice, U.S. Attorney General and U.S. Congress.
The Sovereign Puritan Theocratic Concord Massachusetts Bay 15 Colonists including George Wheeler Sr. performed all of the steps for land conquests and conquering or, alternatively as with Concord, civil trade and sale for land and town ownership. The Colonists in short order, as planned before they sailed for New England, 1st Colonized, 2nd Purchased and 3rd Incorporated the Native Indian cessions of the Sovereign 6-square-mile 'Mustketaquid' (Concord, Massachusetts) during the 1635 Native Indian Treaty Contract. The Concord Puritans, unlike other New England Colonies, ingeniously and expertly 'signed, sealed and delivered' their Sovereignty, disallowing the King of England's corporation participation in accordance with International Law. The Puritan Theocratic Concord Government sought independence and religions purification.
Squaw Sachem and her Pennecook-Nipmuc 1st Nation Indian Tribe sold and ceded all land and Rights of their Sovereign 6-square-mile Concord, Massachusetts territory, that they originally owned for hundreds to thousands of years, to the Colonists, who purchased the territory with their own money, supplies, health and spiritual care and other agreements and promises (records and court testimonies filed in Special Collections, Concord Free Public Library, Curator Anke Voss).
After the Revolutionary War 1776-1781, the Native Indians' cession of Rights became Massachusetts Bay Colonists' descendant heirs' legitimate Indian Treaty “U.S Government Federal Matters," that were further defined as the “United States Constitutional Supreme Law of the Land." Both 1.) Federal U.S. Constitution 5th and 14th Amendments protect Civil Property Rights and 2.) U.S. Constitution Annotations Indian Treaty contracts protect Property Rights. George Wheeler Sr. and the other 14 Colonists' descendant heirs' are entitled to Federal 5th and 14th Amendments Constitutional and Indian Treaty Civil Property Rights.
In 1844 Ralph Waldo Emerson and 2 other families paid Cyrus Stow, executor of Thomas Wyman's estate, for the purchase of 3 sections of the 1635 Indian Treaty North Walden Pond 44 acres (NWP44A). NWP44A were never for sale by John (b. 1643) Wheeler's rightful descendant-heirs and after the 1787 Constitution Art. VI, cl. 2. NWP44A a became Constitutionally prohibited purchase, 'Supreme Law of the Land', out-of-bounds that only the John Wheeler rightful descendant-heirs perpetuitously could sale, trade or transact.
Consequently, Emerson in essence resumed Wyman’s Preemption Squat because logistically know or unknown the NWP44A were owned by Wheeler family heirs' and not for sale but Thoreau lived on NWP44A 2 years and enjoyed it 18 years until his death in 1862 and Emerson enjoyed the NWP44A 38 years untill his death in 1882. But surveyor Henry David Thoreau, wise enough, claimed he himself was ‘Squatting’ on Emerson’s assumed Squat in his book ‘Walden’ and in 1844 did not survey the unrecordable NWP44A.
Cyrus Hubbard surveyed the 13 acres and 80 rods Dec 1848 4 years after the transaction and Hubbard’s survey was unofficially listed by Henry David Thoreau in the 1857 manuscript of surveys (pencil on paper). No. 31a in CFPL (Concord Free public Library) Thoreau survey collection, that was located within the heart of the George Wheeler Sr. descendant-heir family’s Indian Treaty North Walden Pond 44 acres. In 1922 the Heywood, Emerson, Hoar and Forbes families donated deed-less Quitclaim, with no Chain of Title, to the state of MA, and then the NWP44A underwent an Unconstitutional Eminent Domain ‘Seizure’ violation by the state of MA.
The Wheeler Family rightful descendant-heir owners' of George Wheeler Sr.'s North Walden Pond 44 acres, that includes the authentic Thoreau Cabin Site within Emerson's 13 acres and 80 rods, are entitled to reparations for Constitutional Federal Civil Property Rights Violations; similar to “California Governor Gavin Newsom's California New State Reparations bill Set 30, 2021."
Professor James W. Ely, Jr., 1998: "Despite their differences over particular economic issues, the right to acquire and own property was undoubtedly a paramount value for the framers of the Constitution. Following the Lockean philosophy, John Rutledge of South Carolina advised the Philadelphia convention that 'Property was certainly the principal object of Society.' Similarly, Alexander Hamilton declared: 'One great objective of Govt. is personal protection and the security of Property.' These sentiments were widely shared by other delegates. Consistent with the Whig tradition, the framers did not distinguish between personal and property rights. One the contrary, in their minds, property rights were indispensable because property ownership was closely associated with liberty. 'Property must be secured,' John Adams proclaimed in 1790, 'or liberty cannot exist.' Indeed, the framers saw property ownership as a buffer protecting individuals from government coercion. Arbitrary redistributions of property destroyed liberty, and thus the framers hoped to restrain attacks on property rights."
Under our U.S. Constitution, States have no authority to alter, revoke or disestablish a Native Indian Treaty Contract nor Treaty Contract's Property Rights of either Native Indian 1st or Colonial or other Sovereign 2nd contractual party.
The U.S. Constitution entrusts U.S. Congress with the authority to regulate commerce with Native Indians and proclaims that Federal Native Indian Treaties and Statutes are the Federal “Supreme Law of the Land; and the Judges in every State shall be bound thereby; any Thing in the Constitution or Laws of any State to the Contrary have no standing. Article VI Clause 2 declares that "all Treaties made, or which shall be made, under the authority of the United States, shall be the Supreme Law of the Land." These documents, therefore, are legally binding words (texts, dialogues, textualism) between these Sovereigns. ” [Constitution Annotated Art. I, §8; Art. VI, cl. 2.]
The U.S. Constitution also protects Property Rights through the 14th Amendments’ Due Process Clauses and through the 5th Amendment’s 'Takings' Clause. The U.S. Constitution Supremacy Clause Art. VI, cl. 2. invalidates, voids and cancels contrary and disagreeable state actions.
“When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. The 5th and 14th Amendments to the United States Constitution each contain a Due Process Clause.
“Due process deals with the administration of justice and thus the Due Process Clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law.
The Supreme Court of the United States interprets the Clauses as providing four protections: procedural due process (in civil and criminal 61 proceedings), substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights. 65. [Madison, P. A. (2 August 2010). "Historical Analysis of the Meaning of the 14th Amendment's First Section". The Federalist Blog. Retrieved 19 January 2013.]
Alleged harms by possibly multiple persons upon the Human Civil Rights, perhaps “sets forth the appearance of a conspiracy within the domain of the 14th Amendment, when an appeal alleges that multiple persons acted "under color of law" and “that the actions by the State through its judicial system and punished the alleged victim(s) without due process of law in violation of the 14th Amendment's direct admonition (warning) to States.” 66. [383 U.S. 787 United Stated v. Price et al. Supreme Court of the United States, 383 U.S. 787; 86 S. Ct. 1152; 1966 U.S. LEXIS 1963, November 9, 1965, Argued, March 28, 1966, Decided]
Please see the photo below with ceded Rights S16. CXVI. explanation during the 1635 Native Indian-Concord Treaty.
The Sovereign Puritan Theocratic Concord Massachusetts Bay Colony Purchased, then Incorporated Native Indian cessions of Sovereign land during the 1635 Native Indian Treaty Contract, the ‘Supreme Law of the Land’. a United States “Federal Matter”, is a hard nut to crack.
The wrong Sovereign the state of Massachusetts, years ago in 1955 mistakenly with less understanding, allowed our 9th Great-Grandfather George Wheelers Sr. descendant-heirs' Indian Treaty North Walden Pond 44 acers, that includes the original authentic 13 acres and 80 rods Thoreau Cabin Site, that in 1664 this reporter’s 9th Great-Great-Grandfather George Wheeler Sr. bequeathed to our 8th Great-Great-Grandfather John Wheeler, to be unconstitutionally 'seized', a Civil Rights Violation, by Department of Natural Resources’ (DNR) Eminent Domain Abuse.
“[O]ur Constitution places the ownership of private property at the very heart of our system of liberty.”1 The protection of property rights was one of the main purposes for which the Constitution was originally adopted.2 Unfortunately, the Supreme Court has often relegated property rights to second class status, giving them far less protection than that accorded to other constitutional rights.3 And state and local governments have often violated those rights when it seemed politically advantageous to do so.
Americans of all racial and ethnic backgrounds have suffered from government violations of constitutional property rights. But minority groups have often been disproportionately victimized, sometimes out of racial prejudice and at other times because of their relative political weakness. Minorities are especially likely to be victimized by private to private condemnations that test the limits of the Public Use Clause of the Fifth Amendment, which requires that property can only be condemned for a “public use.”
“For decades, eminent domain has been used and abused in ways that victimize minority groups, especially the minority poor. In recent years, state court decisions and eminent domain reform laws have partially addressed this longstanding problem. Nonetheless, much remains to be done before the property rights of minorities – and all Americans – are fully secure. Stronger eminent domain reform laws are needed at both the state and federal levels. For their part, the courts must give property rights protection equal to that afforded other constitutional rights.”
Supreme Court Of The United States McGirt v. Oklahoma 2020 is now a precedent for Eminent Domain Abuse.
CIVIL RIGHTS IMPLICATIONS OF EMINENT DOMAIN ABUSE have been a significant problem. There are many references. Some are listed below:
[http://digital.library.okstate.edu/kappler/Vol4/HTML_files/images/v4p1148.jpg INDIAN AFFAIRS: LAWS AND TREATIES Vol. IV, Laws (Compiled to March 4, 1927) Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929. from digital.library.okstate.edu Indian Treaties as Sovereign Contracts
By ROBERT J. MILLER PROFESSOR]
For completeness the Eminent Domain Seizure circumstances were entirely known: Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States. For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim. The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.
Justia: Due Process of Law SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The United States government, from its very inception, continued the English and colonial strategy of dealing with the Indian tribal nations on a government-to-government basis through treaty-making. The federal government entered more than 400 treaties with various Indian tribes from 1778 to 1871. In these treaties, the United States negotiated cessions of land and recognized other areas of land called “reservations” which the tribes reserved for themselves and respected the self- governing powers of tribes.
Even though Congress ended treaty-making with tribes in 1871, the preexisting treaties and aboriginal treaties are still in effect and contain promises which bind the United States and others today. In fact, under our Constitution, all Indian treaties are “the supreme Law of the Land.” In addition, the United States continues to deal with the tribal nations on a political basis up to the modern day.
The Indian nations negotiated treaties from a position of strength until the early 1800s. The newly formed United States faced internal problems and external conflicts with European countries and could not afford internal war with Indian tribes. Hence, early treaty-making between the United States and tribes was often favorable to the tribes. After the War of 1812, though, and the relaxing of the European threat against the United States, the weakening position of tribes led to more one-sided treaty negotiations in favor of the United States. [INDIAN AFFAIRS: LAWS AND TREATIES Vol. IV, Laws (Compiled to March 4, 1927) Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929. from digital.library.okstate.edu ]
[Indian Treaties are Sovereign Contracts By ROBERT J. MILLER PROFESSOR]
Since ‘The Society’ requested an Investigation for Several 'Indian Treaty' North Walden Pond 44 acres 1st Title Deed Land Patent Civil Property Rights Violations, Enough Time Has Lapsed and Enough, Nearly Most of the Information Has Been Available for Nearly 4 Centuries to Render A Lawful Judgement
Indian Treaty regulations require that the United States is a partner plaintiff should a legal case for Wheeler heirs' NWP44A ownership eventuate and therefore the legal fees for recovery are paid.
From this reporter’s research experience that includes, among others,:
Since Nov 26, 2021 until now, well over a month, since the request was submitted by ‘The Society For Walden Pond Preservation and George Wheeler Sr. History’ (that includes many John Wheeler’s (born 1643) rightful descendant-heirs), to the Civil Rights Division, U.S. Department of Justice for Investigation of George Wheeler Sr.’s 1635 Indian Treaty North Walden Pond 44 acres 1st Title Deed Land Patent Civil Property Rights Violations.
Massachusetts Intestate Succession allows “when a parent with no spouse dies with live children, the parent’s properties pass directly to the children without probate court.”
Therefore, John Wheeler’s ‘considerable moveable estate’ (Concord, MA) passed directly from his widow Sara Larkin Wheeler to their 8 living children. Since Indian Treaty property 1st title Land Patents can only be sold or transferred by rightful descendant-heirs, and the heirs did not sale or transfer the 1635 Indian Treaty North Walden Pond 44 acres 1st Title Deed Land Patent, the property remains owned by their John (born 1643 and Sara Larkin Wheeler’s 8 living children ‘en bloc’, equally together.
Sarah Larkin was born at Charlestown, Massachusetts on March 12, 1647, daughter of Deacon Edward Larkin and his wife Joanna Hale. [1] [2] [3]
She married John Wheeler at Concord on March 25, 1663, who was born March 19, 1643 at Concord, Massachusetts, son of George and Katherine (Pyn) Wheeler. [4] [2] [3] [5] [6]
The only 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.
Children of 8th Great-Grandfather Concord Constable John Wheeler and 8th Great-Grandmother Sara Larkin Wheeler
THOREAU CABIN SITE, 13 ACRES AND 80 RODS, IS LOCATED WITHIN 9th GREAT-GRANDFATHER GEORGE WHEELER SR.’s DESCENDANT FAMILY’S INDIAN TREATY NORTH WALDEN POND 44 ACERS
Probably of all of the Wheelers who came to America before the year 1640 none was of greater distinction or of more importance to the town in which he lived than George Wheeler of Concord.
His name appears on the Concord records the 1st year they were kept and every year thereafter till he died. Thomas Wheeler was George Wheeler Sr.'s father. He bought most of the real estate left by the Rev. Peter Bulkeley.
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 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.
His will, which is given here, is dated January 28, 1684 and was admitted to probate June 2, 1687', thus establishing the approximate time of his death. [DESCENDANTS OF GEORGE WHEELER OF CONCORD, MASS. 100. GEORGE WHEELER. , THE GENEALOGICAL AND ENCYCLOPEDIC HISTORY OF THE WHEELER FAMILY IN AMERICA COMPILED BY THE AMERICAN COLLEGE OF GENEALOGY OP ALBERT GALLATIN WHEELER, JR. BOSTON, MASS. AMERICAN COLLEGE OF GENEALOGY 1914 COPYRIGHT, 1914 BY ALBERT G. WHEELER, JR]
Probate and administration was granted to 8th Great-Grandfather John Wheeler, son and surviving Executor, 8 June 1687. Son Captain Thomas Wheeler was named co-executor with John initially but died in 1687 the same year but before as George Wheeler Sr.’s probate from war wounds in 1675–1678 King Phillips’. 8th Great-Grandfather John Wheeler became sole executor of 9th Great-Grandfater George Wheeler Sr.
8th Great-Grandfather John Wheeler of Concord died intestate, and the only probate record in Middlesex County Probate Records, Packet #24,290 was an agreement for settlement of the estate dated October 21, 1719. That document reads [transcribed from FHL Microfilm 0,432,078]
The Will of 9thGreat-Grandfater George Wheeler Sr. of Concord, Massachusetts8th Great-Grandfather John Wheeler was significantly bequeathed:
“Being of computant [sic] measure of memory [etc.]
First I will that my whole estate shall stand engaged and be responsible for my cumfortable maintenance in all respects Dureing the Terme of my Life...
I Will to my two sons Thomas Wheeler and John Wheeler my Mansion Dwelling house Barnes Cowhouses and Orchards... down to John Scotchfords house I give to my son Thomas And that part of my Lott Lyeing betweene Joshuah Wheeler and John Scotchford I give to my son John. I give to my two sons Thomas and John my six acres bought of Gershom Bulkeley Lyeing over the hills... Alsoe I give to my Sons Thomas and John my Twenty Eight Acres of Woodland lying in the North Quarter over the River...
I give to the Children of my son William Deceased as a legacy out of my Estate the sum of Sixty pounds seaven shillings to be paid to them By the Executors of this my Will in equall right of Propriety Onely my Will is that my Meadow att Brooke Meadow on both sides of the brooke excepting that part I give to my son Thomas as above... My one acre in Ash Swamp at ffaire haven... to be disposed of to my son Williams children.... Alsoe the two acres and an halfe Meadow joyning to my son Williams pasture, Itt is not my said son Williams But I will it to my Executors to administer upon it as my Estate...
To my won Thomas my piece of Meadow at Brooke Meadow joyning to John Wheelers meadow lyeing on the Northwest side of the Brooke... To my son John land... To Thomas & John... my part of the Holt in equall right.... To son John land att the south feild att the East side of the country way agt comyes house... To Thomas and John ffourty four acres Lyeing North of Walden pond.... To son Thomas my fourteen acres Lyeing on the South east of the South River joyning Nathaniell & John Billings...
to my son John my six acres joyning to Daniel Dane southeast from Mountaber... to sons Thomas & John eight acres joyning to Mr. Fflints pond... to son John my foure acres in John Milles Pasture joying the south River... to sons Thomas & Johnout of my moveable estate ffive pounds a piece... to son Thomas Tenn pounds... in consideration that he is short of Brothers in receipt of portion I give to my Daughter foxes Children six pounds...
To my ffoure Daughters Eliza Ffletcher, Sarah Dudley, Ruth Hartwill and Hannah Ffletcher... fifteene pounds apeece.... to be paid to them in Concord Current peice Alsoe I will my reserve to my self during my Life... did beginn in year 1682 soe on the day of my death.... To sons Thomas & John land lying in the corner neere Water Towne Lyne... My will is noe Legacy shall be required untill two years after my death.... Two sons Thomas and John executors.
Dated 28 January 1684. Signed by mark. Witnesses: Samuel Merriam, Jonathan Hubard, and John Scotchford.
Probate and administration was granted to 8th Great-Grandfather John Wheeler, son and surviving Executor, 8 June 1687. Son Captain Thomas Wheeler, named co-executor with John initially, died in 1687 the same year but before as George Wheeler Sr.’s probate from 1675–1678 King Phillips’ war wounds. 8th Great-Grandfather John Wheeler became sole executor of 9thGreat-Grandfater George Wheeler Sr.
References as listed, Will of 9thGreat-Grandfater George Wheeler Sr.
References as listed Will of 9thGreat-Grandfater George Wheeler Sr.
Concord Was a Sovereign Theocratic City-State veiled a Massachusetts Bay Colony. 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 the 15 Concord Colonists, Purchasers and Stockholders. The lands purchased from the Native Pennecook/Nipmuc Indians by the 15 Incorporators of the town of Concord, MA were “granted in 1635 and held in the common stock for each colonist shareholder and made up only a small portion of the whole land grant and the remainder of the land was held in the common stock until the second land division in 1653.’ [History of Concord, Massachusetts by Rebecca Beatrice Brooks, May 2, 2017, History of Concord, Massachusetts]
“Start-up companies often hope to attract employees and investors by offering them shares of stock in the company. Founders and employees typically receive common stock. Investors usually receive preferred stock.
“Common stock is the most common type of stock. May be paid dividends, but that is not guaranteed. The company has no obligation to pay common shareholders dividends. Once it does, it can lower or discontinue payments at any time Usually have the right to influence the direction of the company by voting for members of the company's Board of Directors and on some company policies.
“Common shareholders have preemptive rights to buy new shares to maintain the same proportion of ownership if a company issues new shares Are paid whatever is left, if anything, after creditors, bondholders, and preferred stockholders are paid if the company goes bankrupt. [UpCounsel is a legal platform for fast-growing companies to build their own custom legal teams and largest network of independent lawyers in the world.]
“Corporations and corporate governance began in about 1620 dating back to the Dutch East India Company, the Hudson’s Bay Company, the Levant Company and other major chartered companies. Currently, The New York Stock Exchange, along with Federal and state laws, is a significant strict regulator of corporate governance for listed corporations, particularly on shareholder voting rights and board structures. [What Is the History of Corporate Governance and How Has It Changed? Nicholas J. Price, October 3rd, 2018, Diligent Insights]
"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 SCOTUS]
"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 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 those 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 SCOTUS, 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 theoretically 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. A Native Indian Treaty is binding on both contracting parties, Indian Tribe and 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 contract’s words.
Temporarily disestablished and separated in McGirt v. Oklahoma, SCOTUS reaffirmed the 1832 Indian Treaty contract 'relationship'. In exchange for the Muscogee (Creek) Nation ceding all their ancestral land East of the Mississippi River (in Georgia and Alabama) and the Muscogee (Creek) Nation moving West of the Mississippi River, that the U. S. Government agreed and promised the Reservation boundaries (approximately the Eastern 1/3 section of Oklahoma) shall be solemnly guaranteed to the Muscogee (Creek) Indian Nation and would be secure forever. [Treaty With the Creeks, Arts. I, XIV, Mar. 24, 1832, 7 Stat. 366, 368 (1832 Treaty)] [SCOTUS McGirt v. Oklahoma 2020] [Supreme Court Decision in McGirt v. Oklahoma Affirms Tribal Sovereignty, Upholds Treaty Rights, by Lawrence Roberts July, 2020 American Indian Policy Institute, Arizona State University https://aipi.asu.edu/blog/2020/07/supreme-court-decision-mcgirt-v-oklahoma-affirms-tribal-sovereignty-upholds-treaty]
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 Indian Treaty contract lke a marriage contract was reaffirmed.
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 'seizure' by the state’s Indian Treaty 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.
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 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. Only the Native Creek Indian side of the Indian Contract Treaty with the state of Georgia had been disestablished. [SCOTUS McGirt v. Oklahoma 2020)]
“This research publication has to do with the state of Massachusetts taking the Indian Treaty North Walden Pond 44 acres from their rightful heirs.” [T. H. Minix, RN, HEDIS Project Manager at MedAssurant, retired]
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 9thGGFather George Wheeler Sr. bequeathed to 8th GGFather John Wheeler, that contains The Thoreau Cabin, in succession to be ‘squatted’, sold, transferred without deed and The "took" in 1955 by Eminent Domain without notification of the Wheeler family 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.
Only the George Wheeler Sr.'s Walden Pond 44 acres and Concord Township Incorporation side of 1635 Indian Treaty Contract with Squaw Sachem and the Pennecook Indian Tribe had been altered, revoked and disestablished when the state of Massachusetts unlawfully 'seizure' the Wheeler's Walden Pond 44 acres by Eminent Domain.
George Wheeler Sr. individually purchased and privately owned the Indian Treaty 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 Indian Treaty 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 1635 Indian Treaty North Walden Pond 44 acres were just as his other Indian Treaty purchased properties. The Indian Treaty North Walden Pond 44 acres are his individually owned 'Native Indian Treaty Land Patent' from one Sovereign to another Sovereign and not (fee simple or fee patent) from and intermediate source like the United States.
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. [1] [2] [3] was bequeathed the Indian Treaty 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 8th 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.
"By the late 1640s John Eliot, a clergyman from Roxbury and one of the few Englishmen who became proficient in the Algonquian language, had established a series of “praying villages” to teach Native Americans the Christian faith. One of these villages was located at Wamesit, an area extending on both sides of the Concord River, west and north toward Chelmsford neck.
"On a hill south of the Merrimack and west of the Concord, Eliot had a log building constructed to serve as a meeting house and dwelling during his visits to the Wamesit grant. Eliot’s ministerial labors among the Indians helped bring about a longer-term native settlement at Wamesit. In 1652 about 20 of these settlers petitioned the General Court to establish Chelmsford, which was granted the following year.
"Relations between colonists and Native Americans, remained peaceful until King Philip's War 1675–1678 between Native Indian of New England and New England Colonists, when even Eliot and English settlers sympathetic to the Christianized Indians were unable to alleviate a growing hostility that sparked the War, that also wounded Capt Thomas Wheeler who died 1687. [Native Americans, Colonial Settlement, and the Concord River, Professor Chad Montrie highlight the major Native American tribes and settlements along the Concord and Merrimack river, Concord River Greenway]
Grafton MA Minister John Eliot was busy Christianizing the Native Indians as planned and had written the 1st Bible ever published 1663 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 passed, John Wheeler’s ‘considerable moveable estate’ in its entirety including the Indian Treaty 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.
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 8 children survive the deceased single parent each will receive 1/8 of the properties.
If 1 of 8 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 Indian Treaty 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 under pressure. 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 8 living Children and her 8 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 8 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 Indian Treaty 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 Indian Treaty 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 Indian Treaty 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' Indian Treaty North Walden Pond 44 acres ownership in 1635 continues to be George Wheeler Sr.'s Families' Indian Treaty 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 'seizes' 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 'seizure' where states have no authority to 'seize’ 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 8 children, John Wheeler family. Deceased Thankful was born on June 3, 1682 [1]; died November 1, 1716.
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 8 children, so named in the probate records:
Children of 8th Great-Grandfather Concord Constable John Wheeler and 8th Great-Grandmother Sara Larkin Wheeler
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, 1719. 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 Thoreau Cabin (Shanty) 13 acres and 80 rods located in George Wheeler Sr.'s Indian Treaty North Walden Pond 44 acres, were dissected from the Indian Treaty 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.
All 1635 Indian Treaty North Walden Pond 44 acres, 3 adjacent sections were donated to the Massachusetts had been likewise sold and pesumed purchased.
1845 legitimate deed, photo below, in 3 parts, 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 and recorded in 1845 deed Book 473, pp. 351-353, Middlesex County, Massachusetts 1845.
Conversely, Emerson-Thoreau Cabin Site 13 acres + 80 rods was located within George Wheeler Sr.'s Indian Treaty North Walden Pond 44 acres that was divide with 2 other family sections without deeds pictured below
[Proof of QUITCLAIM deedless donations 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]
1635 Indian Treaty NWP44A surrounding Pond land with adjacent shoreline, was the setting of Henry David Thoreau’s ‘Walden’ and was donated to the Commonwealth of Massachusetts in 1922 (in 3 'Squatter' sections, possibly al purchased from 'Squatter' Thomas Wyman via Cyrus Stow (executor of Thomas Wyman's estate) 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 George Wheeler Sr.’s
For in-depth information and records please review the detailed workbook 'GEORGE WHEELER SR'S 1635 INDIAN TREATY NORTH WALDEN POND 44 ACRES' https://georgejohnwheelerindiantreatywaldenpond.com/
This entire workbook is a work in progress, but the workbook's core has delineated the following 'Society's request for history reparations.
Overview: The Massachusetts Department of Conservation and Recreation (DCR) is authorized by Section 1 of Chapter 41 of the Acts of 2003. It operates under the direction of the Executive Office of Energy and Environmental Affairs and is responsible for the administration and oversight of state parks, forests, reservations, and recreational facilities (e.g., campgrounds, swimming pools, and bike trails). According to its website, DCR’s mission is “to protect, promote and enhance our common wealth of natural, cultural and recreational resources for the well-being of all.” [Overview of the Department of Conservation and Recreation https://www.mass.gov/info-details/overview-of-the-department-of-conservation-and-recreation]
- After the 1787 Constitution Art. VI, cl. 2. the NWP44A became a Constitutionally prohibited purchase, 'The Supreme Constitutional Law of the Land', out-of-bounds that only the John Wheeler rightful descendant-heirs perpetuitously could sale, trade or transact, bit never did transfer.
1844- Ralph Waldo Emerson and 2 other families paid Cyrus Stow, executor of Thomas Wyman's estate, for the purchase of 3 “Squat’ sections, not Deed Title Ownership as Emerson had understood, that were in actuality owned by John Wheeler's Communal descendant-heirs’ of George Wheeler Sr.’s 1635 Indian Treaty North Walden Pond 44 acres (NWP44A) that were never for sale by John (b. 1643) Wheeler's Communal descendant-heirs.
1922- non-Wheeler families Quitclaim Squat Donations, presumed Deed Donations, to state of Massachusetts were believed purchased by Ralph Waldo Emerson and others families, but they were actually deedless trespassing 'Squats'; thus not considered a 1635 Indian Treaty Violation.
1955- 1635 Concord MA Bay Indian Treaty "was broken", if not reversed by The Justice Dept or Federal Courts, when MA Department of Natural Resources’ (DNR) Unconstitutionally Condemned and ‘Seized’ by Eminent Domaine the NWP44A.
1961- Middlesex County, MA Commissioners were sued to stop the leveling, timber cutting and destruction of the existing Walden Pond environment.
1961- Judge David A. Rose, Massachusetts Superior Court, ruled that Walden’s deed donating the property (actually QUITCLAIM deedless "Squat' donations) to the Commonwealth required preservation of the land and barred further development. School children across the country thanked Judge Rose for saving the land. [2] [9]
But Judge David A. Rose failed to investigate the complete absence of a legitimate Deed Title search and history. Apparently the attorneys had verified the properties' Deed Title search.
2003- Authorized the mission of Massachusetts Department of Conservation and Recreation (DCR) “to manages state parks, including NWP44A, and oversee more than 450000 acres throughout Massachusetts and protect, promote and enhance our commonwealth of natural, cultural and recreational resources for the well-being of all.”
Everyone’s and entities’ mistakes failed to fulfil the natural, cultural and historical resources of George Wheeler Sr.’s 1635 Indian Treaty North Walden Pond 44 acres 1st Title Deed 'Sovereign' Land Patent with shoreline Baptismal first with NWP44A unlawful 'Seizure' and secondly omission and neglect of the most remarkable Colonial history of concordant, spiritual living-with and conversion and ministerization of Native Indians and the history of the Algonquin Indian Bible, first Bible printed in the U.S. in 1663 by Wheeler family's colleague, Minister John Eliot in the Algonquin Indian language.
*”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]
There are 500,000-600,000 visitors to Walden Pond State Reservation Park. Astonishingly and unacceptably, the unique, momentous, important truth about Wheeler heirs NWP44A has not been acknowledged, published and distributed to visitors in Park information brochures and signages.
Just as a 1635 Native Indian Treaty Indian 1st contractual communal parties' agreements, promises and Reservations
1844 Ralph Waldo Emerson and 2 other families paid Cyrus Stow, executor of Thomas Wyman's estate, for the purchase of 3 sections of 1635 Indian Treaty North Walden Pond 44 acres NWP44A that were never for sale by John (b. 1643) Wheeler's rightful descendant-heirs and after the 1787 Constitution Art. VI, cl. 2. NWP44A became Constitutionally prohibited purchases, 'Supreme Law of the Land', out-of-bounds that only the John Wheeler rightful descendant-heirs perpetuitously could sale, trade or transact.
Consequently, Emerson in essence resumed Wyman’s Preemption Squat because logistically know or unknown, the NWP44A were owned by Wheeler family heirs' and not for sale but Thoreau lived on NWP44A 2 years and enjoyed it 18 years until his death in 1862 and Emerson enjoyed the NWP44A 38 years untill his death in 1882. But surveyor Henry David Thoreau, wise enough, claimed he himself was ‘Squatting’ on Emerson’s assumed Squat in his book ‘Walden’ and in 1844 did not survey the unrecordable NWP44A.
Cyrus Hubbard surveyed the 13 acres and 80 rods Dec 1848 4 years after the transaction and Hubbard’s survey was unofficially listed by Henry David Thoreau in the 1857 manuscript of surveys (pencil on paper). No. 31a in CFPL (Concord Free public Library) Thoreau survey collection, that was located within the heart of the George Wheeler Sr. descendant-heir family’s Indian Treaty North Walden Pond 44 acres. In 1922 the Heywood, Emerson, Hoar and Forbes families donated deed-less Quitclaim Deeds, with no Chain of Title, to the state of MA, and then the NWP44A underwent an Unconstitutional Eminent Domain ‘Seizure’ violation by the state of MA.
‘The Society for History Restoration, Education and Preservation of George Wheeler Sr. and his 1635 Indian Treaty North Walden Pond 44 (NWP44A) acres 1st Title Deed Land Patent, and history for Ralph Waldo Emerson, Henry David Thoreau, ‘Mustketaquid’ Native Indians and Walden Pond’s ‘Cathedral of Nature’ requests the following reasonable, workable, primarily history reparations that should not interfere with the Parks usual operations:
Concord was planned a Puritan Government near fresh water and baptismal water. Concord was the ‘tour de force’ with fish-filled rivers, woods teeming with beaver and game, fertile soil, and natural meadow lands.[ History of Concord, Concord Museum]
Reverend Peter Bulkeley left England and sailed to the New World aboard the ship the Susan & Ellen on May 9, 1635 and arrived in the colony in July or August of 1635. Bulkeley and Spencer decided on the area that is now Concord as the location for their new settlement. The colonists petitioned the Massachusetts General Court for permission to settle there, according John Winthrop’s journal, History of New England:
“At this court there was granted to Mr. Bulkley and [blank] merchant, and about twelve families, to begin a town at Musketaquid, for which they were allowed six miles upon the river, and to be free from public charges three years; and it was named Concord. A town was also begun above the falls of Charles River. ”On September 12, 1635, the general court granted them permission to build a settlement there, stating: “It is ordered that there shall be a plantation at Musketaquid, and that there shall be six miles square to belong to it, and that the inhabitants thereof shall have three years immunities from all public charges except trainings. Further, that when any that shall plant there shall have occasion of carrying of goods thither, they shall repair to two of the next magistrates where the teams are, who shall have power for a year to press draughts at reasonable rates to be paid by the owners of the goods to transport their goods thither at seasonable times. And the name of the place is changed, and henceforth to be called Concord. [History of Concord, Massachusetts Rebecca Beatrice Brooks, May 2, 2017]
DCR Presentation Abstract: From 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’ this is a courteous notice, not a legal notice, that seeks a courteous response and endeavors imperative, cooperative, reasonable history reparations that are differentiated from an otherwise extremely complicated lengthy, total reparations endeavor.
This publication and this Chapter 6. provide more concise explanations for the Massachusetts Department of Conservation and Recreation (DCR).
The United States Constitution does not allow a state the Eminent Domain Seizure of a Colonists’ Indian Treaty purchased and ceded property and does not allow a state the Eminent Domain Seizure of the Indian Tribe’s Reservation property, [U.S. Constitution Supremacy Clause, Art. VI, cl. 2] [SCOTUS McGirt v. Oklahoma 2020], that was not abided during the state of Massachusetts 'mistaken', 'unknowing' Unconstitutional Eminent Domain Seizure of Concord Massachusetts Bay Colonist 9th Great-Grandfather George Wheeler Sr.'s 1635 Indian Treaty North Walden Pond 44 acres 1st Title Deed Land Patent . [Land Patent, U.S. Department of the Interior (DOI). https://glorecords.blm.gov/default.aspx#patentDetailsTabIndex=1]
Further, United States Constitution Fifth and Fourteenth Amendments ‘takings clause’ requires 1. owner family notification, 2. just compensation and 3. properties’ better public use, that were not fulfilled during, what appears, the state of Massachusetts 'mistaken', 'unknowing' Unconstitutional Eminent Domain Seizure of 1635 Indian Treaty North Walden Pond 44 acres that were purchased-by and ceded-to Concord Massachusetts Bay Colonist George Wheeler Sr.
"To be fair, many states have overstepped their authority regarding Indian Treaties. Perhaps often in good faith, perhaps sometimes not, others made similar mistakes in the past. But all that only underscores further the danger of relying on state practices to determine the meaning of the federal MCA. See, e.g., Negonsett, 507 U. S., at 106–107 (“[I]n practice, Kansas had exercised jurisdiction over all offenses committed on Indian reservations involving Indians” (quoting memorandum from Secretary of the Interior, H. R. Rep. No. 1999, 76th Cong., 3d Sess., 4 (1940)); Scherer, Imperfect Victories, at 18 (describing “nationwide jurisdictional confusion” as a result of the The Major Crimes Act (MCA)." [please read the SCOTUS precedent for this cases' unconstitutionalities: Opinion of the Court p. 23 SCOTUS McGirt v. Oklahoma 2020]
Eminent Domain Seizure of Concord Massachusetts Bay Colonist George Wheeler Sr.'s 1635 Indian Treaty North Walden Pond 44 acres 1st Title Deed Land Patent was wrong on the above transactions; the proceedings were made in error. Moreover, the history, spiritual, baptismal, environmental, potential revenue and other unnecessary, preventable loses were monumental.
Even the ‘Special Collections of the Concord Free Public Library’ histories proclaim and publicize that George Wheeler Sr. acquired North Walden Pond 44 acres during the Concord Massachusetts Bay Colony 1635 Indian Treaty and George Wheeler Sr.’ Will that bequeaths his North Walden Pond 44 acres to his 2 executor sons; then to his surviving executor son, John Wheeler born at Concord, Massachusetts on March 19, 1643 [1] [2] [3] [4] who married Sarah Larkin on March 25, 1663 at Concord, Massachusetts[1] [2] [3] [ 4] , [Will dated January 28, 1684; presented for probate June 2, 1687. Suffolk Prob. Reg. Vol. X fol. 1]
‘Unlawful acts, performed long enough and with sufficient vigor, are never enough to amend the law. To hold otherwise would be to elevate the most brazen and longstanding injustices over the law, both rewarding wrong and failing those in the right. [awkward SCOTUS McGirt v. Oklahoma 2020]
There are no Eminent Domain 'Seizure' 'Statutes of Limitations', i.e. no maximum time period limit within which the Wheeler family rightful descendant-heirs or The Massachusetts Department of Conservation and Recreation (DCR) have to submit their claim and proof for NWP44A ownership. [Statutes of Limitations SCOTUS McGrit v. Oklahoma 2020].
For an example of most contracts, an Indian Treaty contract is like a marriage contract. The Husband cannot be divorced while the wife remains married. The Wheeler family can claim their ancestors John and Sarah Larkin Wheeler marriage until the end of time, unless there has been a legal divorce; and there hasn't been.
Only the U.S. Congress can legally alter, revoke and/or disestablish the Wheeler family rightful descendant-heirs’ 1635 Indian Treaty NWP44A ownership. Even the powerful state of Massachusetts cannot intercede. Indian Treaties are 'The Supreme Law of the land'. [U.S. Constitution Supremacy Clause].
The state of Massachusetts should have lawfully applied their requirements as specified by the Eminent Domain ‘Takings Clause’. "The Fifth Amendment of the United States Constitution includes a provision known as the 'Takings Clause', which states that "private property [shall not] be taken for public use, without just compensation." While the Fifth Amendment by itself only applies to actions by the federal government, the Fourteenth Amendment extends the 'Takings Clause' to actions by state and local government as well. [The Center for Progressive Reform http://www.progressivereform.org/our-work/energy-environment/persptakings/#:~:text=The%20Fifth%20Amendment%20of%20the,federal%20government%2C%20the%20Fourteenth%20Amendment]
Until the end of time, John and Sarah Larkin Wheeler’s 8 living children’s rightful descendant-heirs, en bloc together have a "Whole Communal NWP44A 1st Title Deed Land Patent” like the Communal Indian Tribe's Reservation contract-side; unless the U.S. Congress totally disestablishes, revokes and/or alters the 1635 Indian Treaty and both contractual parties' agreements, promises and their ownerships. Native Indian Treaty disestablishments, revocations and/or alterations are 'the U.S. Constitutional Supreme Law of the Land'. U.S. Constitution NEVER allows states' intrusions and meddling. [SCOTUS McGrit v. Oklahoma]
The Massachusetts Department of Conservation and Recreation (DCR) 'Welcome to Walden Pond State Reservation Massachusetts State Government', https://www.mass.gov/doc/walden-pond-park/download, Massachusetts DCR History Pamphlet states and illustrates the predicaments our John Wheeler and Sara Larkin Wheeler 's 8 children's' rightful descendant heirs of George Wheeler Sr.'s 1635 Indian Treaty North Walden Pond 44 acres 1st title Deed Land Patent experience today.
The DCR History Pamphlet omitted and/or neglected the critical first 200 years of the 6-square-mile Concord, Massachusetts Bay Colony that included George Wheeler Sr.'s 1635 Indian Treaty North Walden Pond 44 acres 1st title Deed Land Patent and other remarkable histories.
Furthermore, the pamphlet omitted and/or neglected the rightful descendant heirs' current ownership of the 1635 Indian Treaty North Walden Pond 1st Title Deed Land Patent. The omissions and negligences are offensive and disgraceful, but reparational.
The deficient Massachusetts DCR history Pamphlet history begins inaccurately with the cropped-out Wheeler families' Walden Pond and other 200 year histories. Thereafter, the distinguished history commences, that our 'Society' wants accurately continued. “Walden Pond was once home to the renowned author, Henry David Thoreau. Now part of the Massachusetts Forests and Parks system, Walden Pond State Reservation includes 462 acres of protected open space so that visitors from near and far may come to experience the pond that inspired Thoreau, as well as to hike, swim, fish, canoe and cross country ski."
"A replica of Thoreau’s house and the location of his modest home (should be said -in a different location) are available for viewing by the public. Year round interpretive programs and guided walks are offered as well as a gift shop, bookstore and the Tsongas gallery.
John Wheeler, son of George and Catherine (Pinn/Penn) Wheeler, was born at Concord, Massachusetts on March 19, 1643 [1] [2] [3] [ 4] and married Sarah Larkin on March 25, 1663 at Concord, Massachusetts [1] [2] [3] [4]. John Wheeler was sole will and probate administrator, [ Will dated January 28, 1684; presented for probate June 2, 1687, [Suffolk Prob. Reg. Vol. X fol. 1], after death of his brother Captain Thomas Wheeler (see details elsewhere), and was bequeathed George Wheeler Sr.’s 1635 Indian Treaty, U.S. Constitutional Supreme Law of the Land’ [Art. VI, cl 2,] North Walden Pond 44 acres 1st Title Deed Land Patent that only John Wheeler's 8 children's rightful descendant heirs in *perpetuity can sale or transact and only the U.S. Congress can alter, revoke and/or disestablish and states have no Indian Treaty authority and must abide. [* and other facts, SCOTUS McGirt v Oklahoma 2020]
Following the death of Sarah Larkin Wheeler, widow of 8th Great Grandfather John Wheeler, we rightful descendant heirs’ of their 8 children continue our Wheeler Family Communal Ownership of George Wheeler Sr.’s 1635 Indian Treaty, U.S. Constitutional Supreme Law of the Land’, North Walden Pond 44 acres 1st Title Deed Land Patent.
Not directly examples of the term 'Communal Land Title' in back and forth arguments were clarified in [SCOTUS McGirt v. Oklahoma 2020]:
Even if this was not a United States of America Constitutional Supreme Law of the Land’ entitlement, to add insults to injury, none of the Department of Natural Resources (DNR) Eminent Domain requirements by the state of Massachusetts in 1955 have been implemented I.e. family notification, just compensation and properties’ better use."
This reporter was 13 years old when mother, Myrtle Jayne Wheeler Minix,.... born February 1, 1919, surviving rightful descendant-heir of her 8th GGF John Wheeler born March 19, 1643/4. [1] [2] [3],.... wasn’t notified about the 1955 Eminent Domain; nor was any other known descendant-heir of her 4th GGF Jesse Wheeler who established the 1805 sister-settlement Concord, KY, Concord Church and Concord Cemetery, where Jesse, Revolutionary War veteran with a DAR marker, and his son Stephen are buried. (note mother's 8th Great Grandfather William Jayne I, oldest gravesite Presbyterian Cemetery Setauket Brookhaven, L.I., NY and 8th Great Grandfather George Wheeler Sr. Concord, MA)
But “states can only. do what the Constitution allows them to do” [Pete Williams] and the Constitution does not allow the state of Massachusetts to 'Seize' by Eminent Domain Indian Treaty contractual property from either contractual party without U.S. Congress legislation. [SCOTUS McGirt 2020].
This workbook is a courteous notice, not a legal notice, seeking simple, courteous reparations as requested and is cooperatively and supportinglly intended for accurate and complete Walden Pond State Park historical preservation and promotion by Micheal B. Minix, Sr., M.D., F.I.C.S. representing 1805 sister settlement Concord, KY, Concord Church and Cemetery and 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.
For in-depth information and records please review the detailed publication 'GEORGE WHEELER SR'S 1635 INDIAN TREATY NORTH WALDEN POND 44 ACRES' https://georgejohnwheelerindiantreatywaldenpond.com/ This, the aforementioned publication is a workbook in progress and is a 'living document' and undergoes continuous editing, additions and subtractions as necessary.
The 'faux pas' and blunders beginning with squatting, then sale, donations (that were actually QUITCLAIM deedless donations) and finally Eminent Domain 'seizure' of the federally protected North Walden Pond 44 acres Indian Treaty land, ‘without family notice and just compensation to John Wheeler descendant families and failed better use of the property, cannot be justified. The forerunners, the 'Untechnical Era' and unknowing courts partially explain the 'faux pas' and blunders. 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].
‘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’s main objectives are to reclaim accurate George Wheeler Sr. and Concord Massachusetts Bay Colony and 1635 Indian Treaty Histories and reclaim historical recognition of George Wheeler Sr. Families’ North Walden Pond 44 acres ownership within the publication prepared by this reporter to be distributed in the new Visitor Center that opened to the public in September of 2017.
‘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. At Walden Pond Reservation State Park ‘The Society’ endeavors:
Sovereigns enjoy all the Rights and appurtenances of a countries’ ownership, like the United States, England, Germany and others. Native Indian Treaty contractual agreements and promises provided that the Indian Tribes were independent Sovereigns (Supreme Powers) controlling, governing, ruling, and living on their own lands. Therefore understandably, the Native Indian Treaty contractual agreements and promises provided the same opportunities and prosperities for the 2nd party. The 2nd party Colonists similarly prospered as an independent Sovereign (Supreme Power) controlling, ruling, and living on their own lands as the 1st contractual party, Native Indians had lived.
For example, following ratification of George Wheeler Sr. and the Concord Colonist's Indian Treaty, North Walden Pond 44 acres that contained the Thoreau Cabin Site, a portion of his 1635 Native Indian Treaty Concord property purchases, both Native Indian and Colonists contractual Sovereign parties are forever equitably bound and obligated to the Treaty contractual agreements and promises unless the Federal Government, the U.S. Congress, legislates an Act of Congress that would alter, revoke. Eminent Domain or disestablish the Indian Treaty; Never done before in Native Indian Treaty history.
To be perfectly clear, George Wheeler Sr.’s Indian Treaty North Walden Pond 44 acres are off-limits to all State's Unconstitutional Eminent Domain land condemnations and 'seizures' as are all Native Indian Treaty 'Supreme Federal Law of the Land' properties.
The authentic historic 1845 Thoreau Cabin Site was located in 1945. Archaeologist Roland Robbins excavation discovered the foundation. For convivence, a Memorial Cabin Replica is located near the entrance to Walden Pond Visitors Center and honors the cabin authentic site” in distant woodlands North of the Pond. [Walden Pond State Reservation Park, https://www.walden.org/what-we-do/friends-of-walden-pond/our-park/]
Indian Treaties are between 2 Sovereigns. Squaw Sachem and her Pennacook Indians, a subtribe of the Nipmuc 1st Nation ceded all their ‘Musketaquid’ (6-square-mile Concord MA) Sovereign rights to George Wheeler Sr., Including his purchased WP44Acres, and the other 13 Colonists of the Concord Massachusetts Bay Colony, an Act of Cession.
The Unconstitutional Civil Rights Violations to George Wheeler Sr. Descendant Rightful Heirs of WP44Acres were egregious. The Indian Treaty WP44Acres that were ceded by the Native Indians were seized without meeting the U.S. Constitutional protection requirements of the Native Indian Treaty, 'The State of Massachusetts Eminent Domain proceeded Unconstitutionally violating Federal Civil Rights, i.e. not enforcing the supreme law of the land', not enforcing the Eminent Domain purpose the lands' ‘better public service’ family notification about the 'seizure' and ‘just compensation’ for the 'seizure'.
‘The Society for the Restoration, Education and Preservation’ of The History of George Wheeler Sr. and his 1635 Concord-Indian Treaty North Walden Pond 44 acres and The History of Henry David Thoreau and his Walden Pond ‘Cathedral of Nature’, comprised mainly of Wheeler rightful descendant-heirs, support the reparations:
The current Massachusetts Department of Natural Resources (DNR) adverse possession and impersonated ownership of the North Walden Pond 44 acres included in George Wheeler Sr.’s Native Indian Treaty purchases during the 1635 Concord Massachusetts Bay-Indian Treaty are without the United States Government and United States Congress’ authority.
The Department of Natural Resources acted with only the state of Massachusetts Eminent Domain assumed authority and without the United States Government and United States Congress’ Eminent Domain notification and compensation of the family heirs of John Wheeler (born in Concord, MA on March 19, 1643. [1] [2] [3]) who was George Wheeler Sr.’s son and will and probate sole executor.
George Wheeler Sr. was the 1635 Concord Massachusetts Bay Colonist and Indian Treaty land Purchaser with cession of all the Native Indian properties’ rights including North Walden Pond 44 acres and was an incorporated Concord, MA shareholder.
George Wheeler Sr. is the 9th Great-Grandfather of most of ‘The Society’ members. George Wheeler Sr. bequeathed 8th Great-Grandfather John Wheeler born March 19, 1643 the 1635 Indian Treaty North Walden Pond 44 acres.
John Wheeler’s widow, Sarah Larkin Wheeler's Intestate Succession, inadvertently or advertently precluded further probate, passed the 1635 Indian Treaty North Walden Pond 44 acres ‘en-block’ Communal Land Patent Title to her surviving 8 children where it remained for family recreation, baptismals and spiritual retreat until 1844.
In 1844 Ralph Waldo Emerson and 2 other families paid Cyrus Stow, executor of Thomas Wyman's estate, for the purchase of 3 sections of the 1635 Indian Treaty North Walden Pond 44 acres (NWP44A). NWP44A were never for sale by John (b. 1643) Wheeler's rightful descendant-heirs and after the 1787 Constitution Art. VI, cl. 2. NWP44A a became Constitutionally prohibited purchase, 'Supreme Law of the Land', out-of-bounds that only the John Wheeler rightful descendant-heirs perpetuitously could sale, trade or transact.
Consequently, Emerson in essence resumed Wyman’s Preemption Squat because logistically know or unknown, the NWP44A were owned by Wheeler family heirs' and not for sale but Thoreau lived on NWP44A 2 years and enjoyed it 18 years until his death in 1862 and Emerson enjoyed the NWP44A 38 years untill his death in 1882. But surveyor Henry David Thoreau, wise enough, claimed he himself was ‘Squatting’ on Emerson’s assumed Squat in his book ‘Walden’ and in 1844 did not survey the unrecordable NWP44A.
Cyrus Hubbard surveyed the 13 acres and 80 rods Dec 1848 4 years after the transaction and Hubbard’s survey was unofficially listed by Henry David Thoreau in the 1857 manuscript of surveys (pencil on paper). No. 31a in CFPL (Concord Free public Library) Thoreau survey collection, that was located within the heart of the George Wheeler Sr. descendant-heir family’s Indian Treaty North Walden Pond 44 acres. In 1922 the Heywood, Emerson, Hoar and Forbes families donated deed-less Quitclaim, with no Chain of Title, to the state of MA, and then the NWP44A underwent an Unconstitutional Eminent Domain ‘Seizure’ violation by the state of MA.
"There is a wealth of Native American, Mashpee Wampanoag, Aquinnah Wampanoag, and Nipmuc Nation history to be found in Massachusetts."
For example, "the Quincy Chickatawbut Observation Tower and Moswetuset Hummock are named for Chickatawbut, sachem of the 17th century Wampanoags. A short drive from Neponset Bridge is Squantum Point Park. Also in Quincy is Moswetuset Hummock, with historic marker reading: “Moswetuset Hummock was the seat of Chickatawbut, Sagamore of the MA Indians. Adjoining were their planting grounds. ‘Massachusetts’ means ‘at the great (blue) hills.’ With Chickatawbut Gov Winthrop made a treaty which was never broken.” [Native American Indian History, 2023 Massachusetts Office of Travel and Tourism]
As the new exploreres traveled the rivers they saw Native Indian cottages surrounded by sophisticated gardens containing Brazilian beans, squashes, tobacco, roots, herbs, strawberries, raspberries, nuts, alexander, tans, mystery plants and unusual trees and much more remarkable horticulture. [“Some Useful Plants of Early New England.” Jane Strickland Hussey., Economic Botany, vol. 28, no. 3, 1974, pp. 311–37. JSTOR, http://www.jstor.org/stable/4253521. Accessed 24 Aug. 2023.]
When Humans investigate and then support the growth of beautiful flowers and polantss, all Human sensations, appreciations, securities, reassurances, awarenesses and Godliness pleasures are aroused. The entire Human symphonic rhapsody is played and Universally connected. Human minds and physiques become collaboratively and quantum coherently elated, love and smile.
Truthful Human, Family and Real Properties Histories are similar to the appreciation of the dynamics of flowers. Truthful Human, Family and Real Properties Histories substantiate Human skills and transform Humans improved citizenship, studiousness, self-respect and respect for others.
The United States Constitution, Constitutional Laws and all Treaties are ‘The Constitutional “Supreme Law of the Land’ and when state constitutions or laws passed by state legislatures conflict with the U.S. Constitution, order they have no force. [The Constitution as Supreme Law, http://www.let.rug.nl/usa/]
"Federal law is enforced through a combination of public and private efforts. Virtually all federal civil statutes vest enforcement authority in a federal agency; some also create private rights of action that permit private parties to sue to enforce federal law.
"There are two distinct types of public law enforcement. Many federal statutes authorize civil enforcement by both a federal agency and the states, typically through their attorneys general. The result is a brand of public enforcement that differs markedly from the more familiar federal model. But state enforcement of federal law breaks that link by authorizing state actors to enforce the laws of a different sovereign.
"Thus, state enforcement authority can thrive even in areas where state law is preempted or state regulators have chosen not to act. Enforcement authority therefore opens up new outlets for state-centered policy, empowering actors whose interests and incentives distinguish them from the state institutions that dominate other channels of federal-state dialogue. [Margaret H. Lemos, State Enforcement of Federal Law, 86 New York University Law Review 698-765 (2011) https://scholarship.law.duke.edu/faculty_scholarship/2516 ]
Some victims are unfamiliar with the operation of the federal criminal justice system. Federal law enforcement agencies will investigate a crime only if there is reason to believe that the crime violated federal law. George Wheeler Sr.’s 1635 Indian Treaty Sovereignly purchased North Walden Pond 44 acres with Wheeler Baptismal Cove (NWP44A) ‘The Constitution Supreme Law of the Land’ is 100% Federal Crime [Brief Description of the Federal Criminal Justice Process]
An Indian Treaty affects both contractual parties like any other contract. A property contract affects both the seller and the buyer. In a divorce contract the husband cannot become single and the wife remain married. If governmental officials allow theft of George Wheeler Sr's North Walden Pond 44 acres and Wheeler heirs’ disownership to stand, the 1635 Indian Treaty is broken, revoked and disestablished and Concord Massachusetts and all the promised 6-square-mile-Concord- properties revert and belong again to the Pennacook Indians, a sub-Tribe of Nipmuc 1st Nation. That entire scenario is so absurd and disquieting and for that and many other reasons, only the United Sates Congress can disestablish an Indian Treaty contract. So where are the law-aiding adult authorities in the room. Indian Treaty malfeasance is rampant.
It is long settled that “the provisions of an act of U.S. Congress, passed in the exercise of it Constitutional authority, … if clear and explicit, must be upheld by the Courts, even in contravention that violates the Indian Treaty of express stipulations in an earlier Indian Treaty”….This Supreme Court [has] applied that rule to U.S. Congressional abrogation or repeal of Indian treaties…. [United States v. Dion², 476 U.S. 734 (1986), JUSTIA]
9th Great-Grandfather George Wheeler Sr.’s 1635 Indian Treaty Sovereignly purchased North Walden Pond 44 acres with Wheeler Baptismal Cove (NWP44A) ‘The Constitution Supreme Law of the Land’, are off-limits to states, state actors, state squatting, eminent domain and all state violations and most recently confirmed in (SCOTUS McGirt v, Oklahoma 2020).
The Supremacy Clause explicitly specifies that the Constitution binds the judges in every state notwithstanding any state laws to the contrary.
The Supremacy Clause also establishes a noteworthy principle about treaties. Under the traditional British rule, treaties made by the Crown committed Great Britain on the international stage, but they did not have domestic legal effect; if Parliament wanted British courts to apply rules of decision drawn from a treaty,
Sometimes State Courts and State Lawmakers disregard ‘The Constitutional “Supreme Law of the Land’ and apply their state laws and require enforcement and ignorance so egregious enormous money penalties. Children disregard their mothers rules so seriously that they are given a spanking.
Most importantly than isolated lonely grains of sand on the beach, mindful Human, family and family properties’ truthful Histories accentuate the understanding of our Humans' real, truthful God. Truthful Human, Family and Real Properties Histories establish Human character, stability, faith, hope and love and are Human foundational.
(Native Americans and the Federal Government by Andrew Boxer, History Review, Issue 64 September 2009)
Dishonesty and theft often begin in childhood. Worse than illegal, Human, Family and Family Real Properties ownership theft, History Negationism and Falsifications are evil and unGodly. Unwinding Humans' Consciousness Soul NeuroNetworks for belief, obedience and religious, spiritual and meditation practices are evil and unGodly.
This conspiracy is remarkably unfortunate and its pathology has a prolonged moral lesson. Authorities and citizens have protected, aided and abated the Emerson NWP44A ownership conspiracy into a melded legacy. However, this conspiracy’s curable pathology vanquishes the unlawful melded ownership and reveals that Ralph Waldo Emerson and Henry David Thoreau inspirationally popularized NWP44A, but George Wheeler Sr’s rightful descendant heirs of son executor John b.1643 and widow d. 1725Sarah Larkin Wheeler's 8 children's 'Whole Communal' heirs, generation-after-generation own 1635 Indian Treaty NWP44A.
Theft is wrong. Theft of the Wheelers' NWP44A with Baptismal Cove and suppression of Baptisms are powerful burdens. John 10:10 -“The thief comes only to steal and kill and destroy.” Satan Comes To Steal and annihilate Sacred Baptisms. "Jesus came that they may have life and have it abundantly."
Annihilating God's Holy Temple, Human Brain Consciousness Soul NeuroNetworks remembrances anatomy and/or histories, are unforgivable (sins). Corinthians 3:14 If any man's work abide which he hath built thereupon, he shall receive a reward. 3:15 If any man's work shall be burned, he shall suffer loss: but he himself shall be (willfully) saved; yet so as by fire. 3:16 Know ye not that ye are the temple of God, and that the Spirit of God dwelleth in you? 3:17 If any man defile the temple of God, him shall God destroy; for the temple of God is Holy, which temple ye are. (The Human Soul is the meaning and purpose of life). 3:18 Let no man deceive himself.
Obliterating God's meaning and purposes for Human Life, the anatomy, memories and histories of the Human Soul NeuroNetworks
Civil and Criminal Quitclaim Deed theft of George Wheeler Sr 1635 Indian Treaty NWP44A with Wheeler Baptismal Cove .... *‘The Constitutional Supreme Law of the Land’, *Sovereignly purchased and all *Native American Indian rights ceded, 1st Title Deed *Land Patent real property, that are *off-limits to states, state actors and Squatters .... are illegal and Wheeler 'communal descendant heirs’ NWP44A unshakable ownership remains the same today as the 1st day NWP44A was purchased by George Wheeler Sr. *"If U.S. Congress wishes to withdraw Indian Treaties promises, U.S. Congress must say so. Unlawful acts, performed long enough and with sufficient vigor, are never enough to amend the law." [*SCOTUS McGirt v. Oklahoma 2020] [QUITCLAIM MERGER FRAUD OF GEORGE WHEELER'S 1635 INDIAN TREATY WALDEN POND https://georgejohnwheelerindiantreatywaldenpond.com/
The Precedent case decision, [SCOTUS McGirt v. Oklahoma 2020], means 9th Great Grandfather George Wheeler’s Sr 1635 Indian Treaty ‘Supreme Law of the Land’, Sovereignly purchased in accordance with International Law that eliminated King Charles I corporation partnership, North Walden Pond 44 acres with Wheeler Baptismal Cove (NWP44A) property ownership legally remains correct and as purchased
The many generations and branches of the Wheeler family can all place the origins of their surname with the ancient Anglo-Saxon culture. In 1650 Wheeler was the most popular surname in what became the United States. [https://smith-cernik-genealogy.online/home/wheeler-family-history/] In the United States, the name Wheeler is the 208th most popular surname with an estimated 126,837 people with that surname. [6. https://www.houseofnames.com/wheeler-family-crest#cite_note-]
Puritan 9th Great-Grandfather George Wheeler Sr’s 1635 Indian Treaty NWP44A 1684 willed and 1687 probated ownership confirmed his heirs’ ownership and his written words, contracts, will and probate and 1635 Indian Treaty agreements and promises were the Gospel.
Amidst the 17th Century New England property ownership controversies, “Massachusetts Bay Company treated the terms of its Corporate Charter as the Gospel. Their Faith, Belief and Obedience were so truthful and reliable that Massachusetts Bay Company Corporate Charter evolved into the (United States) “Charter Constitution” in America and [‘Why the Constitution Was Written Down by Nikolas Bowie’, Stanford Law Review, Volume 71 June 2019, https://review.law.stanford.edu/wp-content/uploads/sites/3/2019/06/Bowie-71-Stan.-L.-Rev.-1397.pdf]”
“Reliability was unusual for property corporations in 17th Century but directors of the Massachusetts Bay Company considered it their religious and political imperative to tie each of their governing decisions to specific text (words) in the charter. Words mattered. 19
“Whereas officials of England-based corporations typically ignored rules in their charters that instructed them how to govern themselves, Massachusetts Bay Company officers and residents, under threat of litigation, maintained interpretations of their charter in domestic debates over immigration, voting rights, separation of powers and virtually all other controversial issues 20 and the Massachusetts Bay Company Corporate Charter evolved into the (United States) “Charter Constitution” in America.
Naysayers can nay say but ‘write it down’ after the naysayers’ exercise in futility, at the end of the day and their exhaustion, George Wheeler Sr.'s. bequeathed son John Wheeler and John’s widow death their 8 children’s descendant-heirs' own of the 1635 Indian Treaty North Walden Pond 44 acres, that contains the authentic Thoreau Cabin Site.
State and state actors’ Unconstitutional conquest (figuratively), not purchase, of George Wheeler Sr’s 1635 Indian Treaty ‘The supreme Law of the Land’ NWP44A, that Indians had ceded “sacred” title and “property rights” ownership is now unlawfully said owned by DCR and signage now located in ‘Walden Pond State Park’ says NWP44A was previously owned by Emerson.
Seemingly there was too much property intention for ordinary men and accidents during the early Concord Massachusetts Bay Colonial Period. Property ownership was uncontrollably crucial and continued much later as Thomas Jefferson explained.
For those sure to ask. What are George Wheeler Sr’s descendant heirs’ Damages-Lost for the Broken 1635 Indian Treaty, the ‘Constitutional Supreme Law of the land’, that specifically disestablished the George Wheeler Sr descendant heirs’ North Walden Pond 44 acres 1st title deed agreements and promises ?
Beginning in 1844 when first discovered, the state had allowed the adverse possession, Squat, of the Wheeler heirs’ NWP44A property that proceeded to an unlawful cavalcade of seizure and fraudulent family Deedless Quitclaim donation of Emerson's 1844 North Walden Pond 44 acre purchased deedless Squat merged with his legitimate 1845 purchased and recorded South Walden Pond 41 acre deed as if a 1 deed property that has charaded for nearly 200 years.
Like the Broken 1868 Sioux Indian Treaty and Black Hills crime cavalcade, Wheeler Sr’s descendant heirs’ Damages-Lost for the Broken 1635 Indian Treaty are extremely important and costly, all the more if allowed to continue.
Henry David Thoreau described himself a ‘Squatter’ in his book ‘Walden’. Although a respected surveyor, Thoreau did not survey his friend Ralph Waldo Emerson’s supposed 13 acres 80 rods purchase in 1844, which was in reality a ‘Squat’, which contained Thoreau’s Cabin Site’ within George Wheeler Sr.’s North Walden Pond 44 acres.
However, Cyrus Hubbard surveyed Emerson’s plot 4 years later in 1848, because Thoreau knew the Wheeler family owned the (NWP44A) and Emerson would not be able to record the ‘Squat’ and Emerson never recorded his otherwise engaged ‘Squat’.
Emerson did record his legitimately purchased 1845 South Walden Pond 41 acres which was later bundled-with and camouflaged his 13 acres 80 rods ‘Squat’ with the South purchased deed and title, that ultimately was the damage-lost mistake.
After all Thoreau’s ”hero” Charles Stearns Wheeler suggested Thoreau’s experiment. But Charles’ family declined Thoreau’s request to conduct his experiment on Charles Stearns Wheeler’s families’ Flints Pond. The “worthless, infertile, clay-laden Walden Pond 44 acres land’ which would only grow beans and was composed mostly of clay for Wyman’s pots was suggested for Thoreau’s experiment,
“Walden Pond was formed after the Ice Age retraction of is ice, which was The Pleistocene Epoch defined as the time period that began about 2.6 million years ago and lasted until about 11,700 years ago.
“The most recent Ice Age occurred then, as glaciers covered huge parts of the planet Earth. [By Kim Ann Zimmermann - Live Science Contributor August 29, 2017, Live Science]
“Walden Pond is a kettle lake, formed at the end of the last Ice Age, some 10,000 to 12,000 years ago, when a huge block of glacial ice broke off and remained behind as the glacier retreated to the north. [USGS https://pubs.usgs.gov/fs/1998/fs064-98/pdf/fs06498.pdf]
“Native Indians were said to be spiritually ritualing and fell into the Walden Pond water when the Kettle formed after the land collapsed. The Pennacook-Nipmuc-1st-Nation-sub-Tribe were spiritual people and Walden was once their natural, sacred place. Thousands of Artifacts have been found around Walden pond documenting the Pennacook-Nipmuc’s frequent presence.
The North Walden Pond 44 acres shoreline Baptismal with Spring water fed from 2 extremely deep Springs has a magical reputation confirmed by hose who are spontaneously spiritually uplifted in the Baptismals presence.
Broken Indian Treaty Restorative Justice is defended by the “United States Constitution Supremacy Clause, Art. VI, cl. 2 which invalidates, voids and cancels contrary, disabling and costly state actions”.
“The core message of the Supremacy Clause is simple: the Constitution and federal laws (of the types listed in the first part of the Clause) take priority over any conflicting rules of state law. The Supremacy Clause also establishes a noteworthy principle about treaties. Treaties are capable of directly establishing rules of decision for American courts. Supremacy Clause establishes authority to put certain topics wholly off limits to state law and takes priority over both the ordinary laws and the constitution of each individual state. [The Supremacy Clause by Caleb Nelson and Kermit Roosevelt, National Constitutional Center]
“Constitution entrusts U.S. Congress with the authority to regulate Native Americans commerce and directs those federal treaties and statutes are the “supreme Law of the Land.” Art. I, §8; Art. VI, cl. 2. “
”States have no Indian Treaty authority. U.S. Legislature wields significant constitutional authority when it comes to tribal relations, Lone Wolf v. Hitchcock, 187 U. S. 553, 566–568 (1903). SCOTUS has cautioned the power to alter, revoke and/or disestablish an Indian Treaty and both contractual parties’ agreements and promises belongs to U.S. Congress alone and will not allow a breach of an Indian Treaty once established. Solem v. Bartlett, 465 U. S. 463, 470 (1984). Under our Constitution, States have no authority to alter, revoke and/or disestablish Indian Treaties and other Treaties. [SCOTUS McGirt v. Oklahoma 2020].
"A land patent assigns official ownership of a land tract processed by survey, documentation, letters signed, sealed and published in public records by a sovereign entity and is the highest evidence of right, title and interest to a defined area and granted by a central, federal or state government to an individual, partnership, trust or company. [Wikipedia]
The property crime violations against George Wheeler Sr and his heirs’ and the 1635 Indian Treaty North Walden Pond 44 acres involved
Our U.S. Constitution Supremacy Clause
‘The Society for (a) George Wheeler Sr. and his 1635 Indian Treaty North Walden Pond 44 acres (NWP44A) 1st Title Deed Land Patent (b) and Ralph Waldo Emerson and Henry David Thoreau's philosophies and publications (c) and ‘Mustketaquid’ Native Indians (d) and Walden Pond’s ‘Cathedral of Nature’ History Restoration, Education and Preservation
The U.S. Constitution does not address federally recognized or any other Indian tribe type specifically, but weighs-in-heavily on Native Indian Treaties including Colonial, before and Native Indian Indian Treaties after the U.S. Government was formed.
Massachusetts Laws Concerning Eminent Domain https://www.mass.gov/info-details/massachusetts-law-about-eminent-domain#massachusetts-laws-
“[SCOTUS McGirt v. Oklahoma 2020] does not point to any ambiguous language in any of the relevant statutes that could plausibly be read as an ‘Act of Disestablishment’.
Nor may a court favor contemporaneous or later practices instead of the laws Congress passed. As Solem explained, “[o]nce a block of land is set aside for an Indian Reservation (in an Indian Treaty) and no matter what happens to the title of individual plots within the area, the entire block retains its Reservation status until Congress explicitly indicates otherwise.” [465 U. S., at 470 (citing United States v. Celestine, 215 U. S. 278, 285 (1909)].
“[O]nce a block of land is set aside for an Indian Reservation (in an Indian Treaty) and no matter what happens to the title of individual plots within the area, and not as an alternative means of proving Act of (Reservation or Indian Treaty) Disestablishment or Diminishment, the entire block retains its Reservation status until Congress explicitly indicates otherwise.”
“To avoid further confusion, we restate the point. There is no need to consult extratextual sources when the meaning of a statute’s terms is clear. Nor may extratextual sources overcome those terms. The only role such materials can properly play is to help “clear up . . . not create” ambiguity about a statute’s original meaning. Milner v. Department of Navy, 562 U. S. 562, 574 (2011).
And, as we have said time and again, once a reservation (Act of Reservation or Indian Treaty) is established, it retains that status “until Congress explicitly indicates otherwise.” Solem, 465 U. S., at 470 (citing Celestine, 215 U. S., at 285); see also Yankton Sioux, 522 U. S., at 343 )
“[O]nly Congress can alter the terms of an Indian treaty by Disestablishing or Diminishing a Reservation or Indian Treaty, and its intent to do so must be clear and plain”. Words matter.
“Our rule that Disestablishment and Diminishment of a Reservation or Indian Treaty may not be lightly inferred and both contractual parties Treaty Rights are to be construed in their favor, not against. [Solem, 465 U. S., at 472.9]
“As we have seen, the extratextual sources in Solem only confirmed what the relevant statute already suggested—that the Reservation in question was Not Diminished or Disestablished. [465 U. S., at 475–476.]
“Solem’s rule is that only U.S. Congress may Disestablish a Reservation and Indian Treaty
“Congress has never disestablished a reservation. 1635 indian Treaty agreements and promises were made and greediness has become too great to keep them and many have cast an abed and abetting blind eye.
If U.S. Congress wishes to withdraw its promises, Congress must say so. Unlawful acts, performed long enough and with sufficient vigor, are never enough to amend the law. To hold otherwise would be to elevate the most brazen and longstanding injustices over the law, both rewarding wrong and failing those in the right.” [SCOTUS McGirt v. Oklahoma 2020]
Authorities have aided and abetted valuable, historic, religious, income NWP44A property Fraud. That would be the rule of the strong, not the rule of law. Jurisdictional gaps are hardly foreign to this Indian Treaty area of the law. [See, e.g., Duro v. Reina, 495 U. S. 676, 36 MCGIRT v. OKLAHOMA Opinion of the Court 704–706 (1990) (Brennan, J., dissenting).
“Just as we have never insisted on any particular form of words when it comes to Disestablishing a Reservation and Indian Treaty, U.S. Congress has never Disestablished a Reservation and Indian Treaty. [See Minnesota v. Hitchcock, 185 U. S. 373, 390 (1902)]
(“[I]n order to create a Reservation it is not necessary that there should be a formal cession or a formal act setting apart a particular tract.
“On the far end of the Trail of Tears was a promise. Forced to leave their ancestral lands in Georgia and Alabama, the Creek Nation received assurances that their new lands in the West would be secure forever. In exchange for ceding “all their land, East of the Mississippi river,” the U. S. government agreed by Indian Treaty that “[t]he Creek country west of the Mississippi shall be solemnly guarantied to the Creek Indians.” [Treaty With the Creeks, Arts. I, XIV, Mar. 24, 1832, 7 Stat. 366, 368 (1832 Treaty).]
"Both parties settled on boundary lines for a new and “permanent home to the whole Creek nation,” located in what is now Oklahoma. [Treaty With the Creeks, preamble, Feb. 14, 1833, 7 Stat. 418 (1833 Treaty)]. The U.S. government further promised that “[no] State or Territory [shall] ever have a right to pass laws for the government of such Indians, but they shall be allowed to govern themselves.” [1832 Treaty, Art. XIV, 7 Stat. 368.] Today we are asked whether the land these treaties promised remains an Indian Reservation for purposes of federal criminal law. Because Congress has not said otherwise, we hold the United States Government to its word.
American Indians and The Constitution
Indians are mentioned only three times in the Constitution. Yet the Supreme Court has developed a vast body of law defining the status of Indians and tribes in our federal system. This law makes use of constitutional sources but also draws heavily on the history between Indians and the federal government, including wars, conquest, treaties, and the assumption by the government of a protectorate relationship toward the tribes.
It reveals that our government is as is popularly believed, one of dual Sovereigns, federal and state. There is also a third Sovereign, the Indian tribes, operating within a limited but distinct sphere.
The three references to Indians in the Constitution presage this body of law. Two of the three are found in Article I and the fourteenth amendment, which exclude "Indians not taxed" from the counts for apportioning direct taxes and representatives to Congress among the states.
The third reference is a grant of power to Congress in the commerce clause of Article I to "regulate Commerce with … the Indian Tribes." [Carole E. Goldbergambrose (1986)]. Bibliography:
Native Indian Treaties
"An Indian Treaty is a binding and legal contract agreement between 2 or more Sovereign Nations.
Since the United States signs Treaties with Indian Tribes, the United States acknowledges that Indian Tribes have Sovereign status.
George Wheeler Sr’s 1635 Indian Treaty North Walden Pond 44 acres are a 'Native Indian Land Patent' and also known in law as the '1st Title Deed', the 1st deed for 44 acres North Walden Pond to Colonist George Wheeler Sr. and known as a 'Letters Patent'.
6-square-mile Concord, MA, including George Wheeler Sr’s 1635 Indian Treaty North Walden Pond 44 acres, were ceded (an act of cession) from the Native Indians to the Massachusetts Bay Colonists. "To accomplish an act of sovereignty would require an act of cession, the transfer of a sovereign claim from one nation to another. [3 E. Washburn, American Law of Real Property *521–*524.] [SCOTUS McGirt v. Oklahoma 2020]
'Native Indian Land Patents' are issued to the original grantee, i.e. 9th Great-Grandfather George Wheeler Sr. in this case and to their rightful-descendant-heirs and assigns forever, i.e. in this case bequeathed son and sole executor, after Captain Thomas Wheeler died from war wounds in 1684 before George Wheeler Sr's probate, 8th Great-Grandfather John Wheeler born March 19, 1643 [1] [2] [3]
When the architects of the American Government created the U.S. Constitution, they explicitly recognized that Indian Treaties are the 'Supreme Law of the Land' in addition to the U.S. Constitution itself. [SCOTUS McGIRT v. Oklahoma 2020]
Constitution Article VI Clause 2 declares that "all Indian Treaties made, or which shall be made, under the authority of the United States, shall be the Supreme Law of the Land." These documents, therefore, are legally binding words (texts, dialogues, textualism) between these 2 Sovereigns.
Native Indian Treaties enacted before formation of the U.S. Government was formed in 1776, for example the 1635 Concord Massachusetts Bay Colony signed an Indian Treaty, are included and shall be the 'Supreme Law of the Land'.
When the 1635 Concord Massachusetts Bay Colony signed an Indian Treaty with Squaw Sachem and the Pennacook Indians, a sub-Tribe of the Nipmuc 1st Nation, and that 1635 Indian Treaty was included by subsequent United States Government as the 'Supreme Law of the Land', the United States acknowledged the Sovereign status of the 2 Sovereign Nations and their legally binding Indian Treaty contracts.
Repeating, "Indian Treaties are legally binding contracts between 2 (usually) Sovereign Nations." [Treaty: Promises between governments, CRITFC, Columbia River Inter-Tribal Fish Commission https://www.critfc.org/member_tribes_overview/treaty-q-a/]]
Clearly, in 1635 Squaw Sachem and the Pennacook Indians, a sub-Tribe of the Nipmuc 1st Nation, ceded their claims and surrendered all their rights of Sovereignty, an act of cession, (see the second photo above) over their 6-square-mile 'Musketaquid' (Concord) and transferred their Sovereign claim from their Indian Nation to Concord Massachusetts Bay Colony, 1. [a Sovereign 'City-Nation on a Hill']. 2. [3 E. Washburn, American Law of Real Property *521–*524., SCOTUS McGIRT v. Oklahoma 2020] 2. [Governor Winthrop]
In most Indian Treaties, including the 1635 Concord Massachusetts Bay treaty, Indian tribes have ceded title to vast amounts of land to Concord Massachusetts Bay Colonists, the United States and others in exchange for protection, services, and in some cases cash payments, but reserved certain lands (reservations) and rights for themselves and their future generations.
Perpetually, Native Indian Treaties, including 1635 Concord Massachusetts Bay Colonists-Native Indian Treaty and George Wheeler Sr's properties, including his North Walden Pond 44 acres, have the same force, effectiveness and authority now as on the day they were signed.
Like the United States Constitution and Bill of Rights, Native Indian Treaties do not expire with time.
The trust relationship between Indian Tribes and the United States government is well established in law.
The reserved rights of Indian Tribes have been litigated many times, even going before the Supreme Court on several occasions beginning in 1905 in [Columbia River Inter-Tribal Fish Commission, https://www.critfc.org/member_tribes_overview/treaty-q-a/].
But Native Indian Treaty disestablishment, revocation, modification and/or any other alteration to the Native Indian Treaty Contract requires and Act of Congress, literally, to-the-letter, indisputably.
“The U.S. Federal Government did not formally sign Treaties with Native American Indian Tribes prior to 1775, but it is the U.S Federal Government's duty to ensure that Colonial and Pre-Revolutionary War treaties and agreements are absorbed by laws that were executed after the Revolutionary War and laws sustained for the sake of the Native American people today and the other Sovereign contractual parties involved moving forward.”
"Prior to 1775, the nonexistent U.S. Government did not formally sign Treaties with Native Indians, but Articles of Confederation predecessor of the U.S. Constitution gave U.S. Congress the authority over federal Native Indian Treaties and statutes and stipulates that they are the “supreme Law of the Land.” Art. I, §8; Art. VI, cl. 2. It. JI
"The U.S. Federal Government has the authority to regulate, sustain and protect pre-Revolutionary War Treaties and agreements for the sake of the pre-Revolutionary War Native Indian descendants and the pre-Revolutionary War Colonist descendants, who today are moving forward.
"The U.S. Federal Government has the authority to restrict unlawful land transactions and occupations, regulate commerce and adjudicate crimes, enact land reclaimations and other reparations and notify and compensate rightful descendant-heirs for all Civil Rights violations.
"The signatories of the Treaty of Middle Plantation, including the Mattaponi, did not have a choice in deciding the laws that went on to rule their lives in 1677 for better or worse. Today, the Mattaponi are optimistic that these centuries old dictates will resolve injustices through the Supreme Court and Constitutional Law.
"The signatories of the Treaty of Middle Plantation, including the Mattaponi, are dependent on articles that severely constricted their rights at inception to be their saving grace at present. It is important to remember that these promises were made in honor. Also, they were, and still are, legally binding upon the U.S. by the 6th Article of the U.S. Constitution.
"Tribes have a unique status in the American system of government. They are neither foreign nations, nor exactly like states. Tribes are distinct political communities, defined in law as “domestic, dependent nations.” In its 1831 Cherokee Nation v. Georgia decision, the Supreme Court described the obligation of the United States to tribes as that of a guardian to his wards. Subsequent court decisions have made it clear that the agencies of the federal government are to be held to the most stringent “fiduciary” (trust) standards. With respect to salmon, it cannot be said that federal agencies have always met their trust responsibilities. [Wilkinson, Katie. "Parchment As Power: The Effects of Pre-Revolutionary Treaties on Native Americans from the Colonial Period to Present." The Purdue Historian 8, 1 (2017). http://docs.lib.purdue.edu/puhistorian/vol8/iss1/3]
American Indians and Alaska Natives – Treaties Facts Sheet
INDIAN TREATY THEN, IS AN INDIAN TREATY NOW.
GEORGE WHEELER SR.’s 1635 INDIAN TREATY FEDERAL CONSTITUTIONAL ‘SUPREME LAW OF THE LAND’ NORTH WALDEN POND 44 ACRES THEN, IS GEORGE WHEELER SR.’s HEIRS’ 1635 INDIAN TREATY FEDERAL CONSTITUTIONAL ‘SUPREME LAW OF THE LAND NORTH WALDEN POND 44 ACRES NOW, REGARDLESS OF STATE LAWS AND STATE CONSTITUTION REGULATIONS.
U.S. CONGRESS HAS NEVER DISESTABLISHED AN INDIAN TREATY. ONLY U.S. CONGRESS CAN DISESTABLISH AN INDIAN TREATY.
Many scholars agreed that the Puritans wielded enormous scholarly powers and were leaders in Colonial New England. The Puritans contributed to the ascendency of bourgeoisle, parliamentary democracy, modern science and the 'American Self'.
When not a Puritan, Robert Sanderson at Boston's John Cotton Church in 1619 termed the derelects 'rascal people'; anyone who pacticed or advocated nonconformatity to the ceremonies of the Church of England. [Winship, Michael P. “Were There Any Puritans in New England?” The New England Quarterly, vol. 74, no. 1, 2001, pp. 118–38. JSTOR, Accessed 21 Mar. 2023 https://doi.org/10.2307/3185462. .
‘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 and Department of Justice to resolve George Wheeler Sr.’s 1635 Indian Treaty North Walden Pond 44 acres Ist Title Deed Sovereign Land Patent ownership history dispute.
The Attorney General and Department of Justice are expected to communicate and pass along an inquiry and/or case until it lands in the correct investigation agency. Apparently, the Quitclaim Fraud of George Wheeler Sr’s purchased and bequeathed son John Wheeler’s heirs’ 1635 Indian Treaty, ‘Constitutional Supreme Law of the Land’ North Walden Pond 44 acres 1st tile deed land pantent ownership has not accordingly been accommodated.
The United States Attorney Genetal and the Department of Justice have not upheld the Massachusetts Bay Colony 1635 Indian Treaty after the 1922 Quitclaim Fraud of North Walden Pond 44 acres and not enforced George Wheeler Sr to bequeathed son John Wheeler and widow Sarah Larkin Wheelers's 8 childrfen's heirs' generation-after-generatio ownership in perpetuity. The disgraceful disrespect and dereliction of duty by the United States Attorney General and the Department of Justice are confounding.
Relying on a textualist methodology (what the contract agreements’ and promises’ words say) was the method during [SCOTUS McGirt v. Oklahoma 2020]. The SCOTUS rejected extratextual (outside reputable text, uncountable, unreliable text) sources in aid of interpreting statutes and reaffirmed that U.S. Congress is the only entity that can break the promises of a Native Indian Treaty and Reservation.”
Massachusetts Bay Colony and Colonist 9thGreat Grandfather George Wheeler Sr.’s histories are well documented and recorded. Vast information including George Wheeler Sr. Family Genealogy including the Native American Indians’ Court Testimony about Indian Treaty purchases are readily available in Special Collections, Concord Free Public Library, assisted by extremely helpful Curator Anke Voss.
George Wheeler Sr. bequeathed his 1635 Indian Treaty, (‘Supremacy Clause, ‘Supreme Law of the Land’), North Walden Pond 44 acres Ist Title Deed Sovereign Land Patent with shoreline Sacred Baptismal (NWP44A) to 8th GGF John Wheeler, who was George Wheeler's surviving Probate Executor, 8 June 1687.
Son Captain Thomas Wheeler was initially named co-executor with John Wheeler initially in 1684 Will, pictured in photos, but died [see ^History] the same year 1687 following King Phillips’ War (1675–1678) wounds before George Wheeler Sr.'s probate. NWP44A requires Indian Treaty ‘(‘Supremacy Clause, ‘Supreme Law of the Land’) authority; 1635 Indian Treaty NWP44A is forbidden to states’ authority and there is no statute of limitations. [SCOTUS McGirt v. Oklahoma 2020]
Son Executor John Wheeler transferred to deceased brother Thomas Wheeler's family the more useful at the time Flint's Pond as substantiated by years Thomas Wheeler's families ~ 300 years well documented, concordant living [New England Historical Society. https://www.newenglandhistoricalsociety.com/discovery-wheeler-thoreau-shanty-site-flints-pond31539-2/]
John Wheeler exchanged to himself the less desirous, infertile, nonproductive, except for woodland timber at the time NWP44A. 'Thoreau's Beanfield' was a testament about the NWP44A desirelessness reported in published ‘workbook ’chapters, that link follows, and the recorded Baptisms which Puritan George Wheeler Sr. prominently intended for his NWP44A sacred shoreline Baptismal, were testaments.
Captain Thomas Wheeler’s descendant heirs’ families lived hundreds of years at Flints Pond.
Subsequently, John Wheeler's widow, who died August 12, 1725, Sarah Larkin Wheeler, by Intestate Succession passed to their 8 surviving children's ‘Whole Communal’ descendant-heirs’ generation after generation, for sacred shoreline Baptismal preservation, perpetuitously. Imagine, the Indian Treaty 2nd contractual party Wheelers’ ‘Whole Communal’ descendant heirs and the Indian Treaty 1st contractual party Native American Indians’ ‘Whole Communal’ descendant heirs [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 ‘Supremacy Clause and ‘Supreme Law of the Land’ concern ‘Native American Indians’ Treaties’ not recognized ‘Indian Tribes’.
In 1844 Ralph Waldo Emerson and 2 other families paid Cyrus Stow, executor of Thomas Wyman's deedless ‘Squat’ estate, for the purchase of 3 sections of Wyman's deedless ‘Squat’ on George Wheeler’s descendant-heirs’ 1635 Indian Treaty North Walden Pond 44 acres (NWP44A).
NWP44A with sacred shoreline Baptismal preservation were never for sale by John (b. 1643) Wheeler's rightful descendant-heirs and after the 1787 Constitution Art. VI, cl. 2. NWP44A a became Constitutionally prohibited purchase, 'Supreme Law of the Land', out-of-bounds that only the John Wheeler rightful descendant-heirs perpetuitously could sale, trade or transact.
Consequently, Emerson in essence purchased and resumed Wyman’s deedless Squat, not ownership of 13 acres and 80 rods within Wheelers’ NWP44A. The 1841 Preemption ‘Squat’ Law for ‘Westward Expansion’, not New England property, was apparently misunderstood. Known or unknown, the NWP44A were owned by Wheeler family heirs' and not for sale.
However, Thoreau lived in his Cabin site on NWP44A for 2 years and enjoyed it 18 years until his death in 1862. Thoreau circulated throughout Concord and Harvard and kept his ear to the ground, observing and paying attention to his surroundings, rumors and other collegial discussions so as to be aware and well-informed.
Emerson enjoyed the NWP44A 38 years untill his death in 1882.
But surveyor Henry David Thoreau, wise enough, claimed he himself was ‘Squatting’ on Emerson’s assumed Squat in his book ‘Walden’ and in 1844 did not survey his friend Emerson’s deedless unrecordable 13 acres and 80 rods within NWP44A.
4 years after the Emerson 1844 transaction Cyrus Hubbard surveyed the 13 acres and 80 rods in Dec 1848. Hubbard’s survey was unofficially listed by Henry David Thoreau in the 1857 manuscript of surveys (pencil on paper). No. 31a in CFPL (Concord Free public Library) Thoreau survey collection. That Emerson plot was located within the heart of the George Wheeler Sr. descendant-heir family’s Indian Treaty North Walden Pond 44 acres.
In 1922 the Heywood, Emerson, Hoar and Forbes families donated deedless Quitclaim, with no Chain of Title, to the state of MA. Then the NWP44A underwent an Unconstitutional Eminent Domain ‘Seizure’ violation by the state of MA.
The prospect of the 44 acres surrounding North Walden Pond being privately (and some questionably owned) but all donated and developed, including the George Wheeler Indian Treaty property, where The Thoreau Cabin Site was built on 13 acres and 80 rods within Walden Pond 44 acres that had a flawed chain of title -and inspired the families to donate the property to public ownership (Maynard, 2004).
“Emerson's daughter Edith Forbes and other landowners donated property to the Commonwealth of Massachusetts. Its exact location is known to few, however.” See the full description: [‘The Concord Saunterer’ https://archive.org/stream/concordsa200420051213unse/concordsa200420051213unse_djvu.txt]
‘The Society’ objects to “the sole and express purpose of “preserving the Walden Pond of Emerson and Thoreau, the families donated QUITCLAIM deedless Wyman ‘Squat’ property to the Commonwealth of Massachusetts.” Rather should be “preserving the Wheeler Walden Pond popularized by Emerson and Thoreau,”
‘The Society’ endeavors to primarily to resolve George Wheeler Sr.’s 1635 Indian Treaty North Walden Pond 44 acres Ist Title Deed Sovereign Land Patent ownership history dispute. (see Appendix E for a summary of Walden-related Acts and Resolves). [See Malcolm Ferguson Papers reference above for purposes and QUITCLAIM deedless donations, ‘William Munroe Special Collections, Concord Free Public Library’, experienced Curator Anke Voss]
"In addition to forgery, mortgage fraud might include other criminal acts, such as identity theft, property theft, tax fraud, mail fraud, wire fraud, and elder abuse. In addition to the crimes perpetrated against the primary homeowners, others suffer losses from deed fraud, too. [ https://www.deeds.com › deed-fraudReal Estate Deed Fraud - Deeds.com ]. Aiding and abetting are included.
Middlesex South County MA Registry of Deeds generally instructs that all victims of fraud should contact local law enforcement authorities. However, the exact criminal has not been identified, but the 1920 Emerson and families' Quitclaimm document has been identified in the Special Collections, Concord Free Public Library and the crime is ancient; over 100 years. The Middlesex South assistant instrtucted this workbook reporter to retain an attorney to remove the Quitclaim theft/fraud from the records and restore the correct Wheeler heirs' North Walden Pond 44 acres ownership.
Unconstitutional broken Indian treaty crimes include statutory fines, penalties and land forfeitures.
In 1955 this reporter was 13 years old when mother’s 8th Great Grandfather and our Wheeler families’ other ‘Whole Communal descendant heirs’ to George Wheeler Sr’s 1635 Indian Treaty North Walden Pond 44 acres 1st Title Deed Sovereign Land Patent (NWP44A)
Indian Treaties before and after United States Constitution had been endorsed by our Forefathers and were then included in the Constitution as ‘The Supreme Law of the Land’, ‘the Supremacy Clause’ and was a permanent alliance measure to prevent the Native American Indian Nation from joining British forces in the 1776 Revolutionary War against our U.S.
1635 Indian Treaty NWP44a is on the Sovereign level of the Constitution and U.S. Congress and an example of U.S. Constitution Supreme protection from laws and declarations from subordinate states and other subordinate powers’.
NWP44A was not “put to better use” as required by state of Massachusetts Eminent Domain that is verified when visitors to ‘Walden Pond Reservation State Park’ are ushered to the replica Park’s entrance ‘Thoreau Cabin Site’. The Authentic Thoreau Cabin Site is further away and deemphasized.
Furthermore, Wheeler families’ ‘Whole Communal’ descendant heirs’ 1635 Indian Treaty NWP44A ownership is continuously misrepresented at ‘The Walden Pond Reservation State Park’ and elsewhere by unconscionable, disgraceful false histories. ‘Historical Ownership Negationism’ and ‘Historical Ownership Falsifications’ are sometimes illegal. Emerson does not own 1635 Indian Treaty NWP44A.
Deceased Mother’s and Wheeler families’ ‘Whole Communal’ descendant heirs’ 1635 Indian Treaty NWP44A were 1st Unconstitutionally ‘Squatted’ by the clay-potter John and Thomas Wyman whose ‘Squat’ Cyrus Stow deedlessly sold in 1844 to apparently unknowing Ralph Waldo Emerson, who did not survey or record NWP44A in South Middlesex County, MA, because NWP44A wasn’t purchased like his 1845 SWP41A was purchased, surveyed and recorded.
The 1841 new ‘Preemption ‘Squatter’ Law’ confused Massachusetts inhabitants, who were supposed to ‘Squat’ out West, not in New England.
Then the Emerson Family in 1922 donated deedless NWP44A Quitclaims to Massachusetts after the NWP44A had been ‘bundled’ with Emerson’s legitimate 1845 purchased, surveyed and recorded SWP41A deed on the opposite, South side of Walden Pond.
In 1955 the unauthorized state of Massachusetts' Department of Natural Resources’ (DNR) Unconstitutionally Eminent Domained, Condemned and Seized the 1635 Indian Treaty NWP44A and Emerson’s NWP44A ownership advertised by ‘The Walden Pond Reservation State Park' is false.
When we Wheeler families’ ‘Whole Communal’ descendant heirs’ retake our NWP44A accurate history (our main purpose, not money reparations) we will appropriately and accurately include Emerson and Thoreau’s NWP44A contributions.
Why Emerson’s NWP44A ownership advertised by ‘The Walden Pond Reservation State Park' is false.
November 26, 2021 ‘The Society’ requested the Attorney General and Department of Justice to primarily resolve George Wheeler Sr.’s 1635 Indian Treaty North Walden Pond 44 acres Ist Title Deed Sovereign Land Patent ownership history dispute. ‘The Society’ received an identification number, and submitted an email address for the Department of Justice updates. ‘The Society’ awaits updates.
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. [SCOTUS McGIRT v. Oklahoma 2020].
“This research publication has to do with the state of Massachusetts taking the North Walden Pond 44 acres from their rightful heirs.” [T. H. Minix, RN, HEDIS Project Manager at MedAssurant, retired]
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.’s will 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.
Additionally, not only 17th Century Colonists and Indian Treaty wrongfulness but “Massachusetts Law and Policy also facilitated the Loss of Tribal Indian Lands.”
Many unsuspecting landowners in New England that could be deceived of owned, but unoccupied lands were swindled and defrauded, including European Colonists’, Native Indians’ and Tribes’ lands and Indian Treaty Reservations.
“Native Indian land loss, the policies that enabled it, and the subsequent consequences on Native American tribes in Massachusetts were the subjects of a panel discussion at Suffolk University April, 2014.
“A Hidden History: How Massachusetts Law and Policy Facilitated the Loss of Tribal Lands” convened with a discussion, explaining “how a land-holding Native Indian majority population became a landless minority over the span of just a few centuries [and] was virtually erased from the awareness of local society.”
Since Native people had different concepts of governance and land use, their migration patterns created vacant territories. Cheryl Toney Holley, chief of the Nipmuc Nation and Hassanamisco Band of Nipmuc Indians explained: “We weren’t wanderers and vagrants; it’s just how our traditional way of life was. We knew where to go and at what time to go there. . . . We never had that concept of ownership before.” Even after losing official title to their lands, however, Native people often retained customary rights of access to the areas and returned to places that were culturally significant.
“Despite the fact that they felt completely entitled, legally and religiously, to these lands, 1635 Concord Puritan Colonists and George wheeler Sr. purchased land from Native landholders and sachems.” Ann Marie Plane, an associate professor of history at the University of California-Santa Barbara said, noting how multiple lines of descent and competition for resources complicated the deals.
In contrast, the King of England’s land doctrine and ownership asserted that unoccupied New England lands could be legally claimed, which contributed to Native land loss. [Sanctioned Theft: Tribal Land Loss in Massachusetts, CSQ staff, June 2014, Cultural Survival Quarterly Magazine, CSQ Issue: 38-2]
Later and now, England’s discovery of North America allowed English Crown Grants and English settlers the first right to purchase the land from the original land occupiers and owners, the Native Indians.
“When one European power succeeded a previous Sovereign Power, as when the United States succeeded England after the American Revolution, title or ownership to all lands within the boundaries claimed did not automatically pass to the new Sovereign United States. 72
To the contrary, a successor-in-interest the Sovereign United States merely obtained the right, to the exclusion of other European powers, to purchase or otherwise acquire lands from the Indians. 73 Yet, the doctrine of discovery merely governed the relationships between competing European sovereigns.” 74 68. Id. at 14.
Victorian Principles continued to dominate discourse, id: (1) that Indian peoples had both property rights and Sovereign power of their land; (2) that Indian lands could only be acquired with tribal consent or after a just war against them; and (3) that acquisition of Indian lands was solely a governmental matter, not to be left to individual colonists.
“The Sovereign power is not applied to extinguished titles or other interests against the will of tribal occupants by force of eminent domain." [81. Id. at 562-63 E.g. Treaty with the Creeks (Aug. 7, 1790), 7 Stat. 35]
“All property within the Territory, by whomever held, shall be deemed to have originated in a patent issue pursuant to the Sovereign Authority of the Band and such interests shall be recorded in the Land Office. [Richard Monette, Conference Presentation, Preserving Our Sovereignty (Miami, Fla., Feb. 10-12, 2005) (copy on file with author)].
“The range of tribal individual property rights in contrast to Sovereign eminent domain powers is consistent with the range of divergent laws in a current survey of international law. There are countries in which the government is the sole property owner with no need to exercise eminent domain, 165 and those countries where the power, if exercised, is more constrained than the current United States system. 166 The same diversity of viewpoints would have existed at traditional tribal law.
“Eminent Domain is the power of any Sovereign to take or to authorize the taking of any property within its jurisdiction for public use without the consent of the owner. It is an inherent power and authority which is essential to the existence of all governments. Therefore, the Sovereign Navajo Indian Nation Government has the power and the authority to take by Eminent Domain specific Northeastern Arizona property within the Navajo Nation without the property owner’s consent. Plaintiffs' consent to the granting of a right-of-way is totally 171 unnecessary.
“Eminent domain is usually considered an inherent power of all Sovereigns. If the tribal power is ultimately challenged in federal court, the courts will likely look to various textual sources to determine whether the tribal power has somehow been divested.
“182. Felix S. Cohen noted in the most recent edition of the leading treatise in the field that [p]erhaps the most basic principle of all Indian law, supported by a host of decisions, is that those powers lawfully vested in an Indian nation are not, in general, delegated powers granted by express acts of Congress, but rather "inherent powers of a limited Sovereign Indian Nation which has never been extinguished." [Cohen 's Handbook of Federal Indian Law, supra n. 65, at 206 (footnote omitted). See also Robert N. Clinton, Nell Jessup Newton & Monroe E. Price, American Indian Law: Cases and Materials 317-18 (3d ed., Michie 1991) (discussing Cohen's synthesis of the doctrine of inherent sovereignty).]
“There is no indication that tribes have voluntarily relinquished their power of eminent domain. Of course, the question turns on a case-by-case evaluation of a particular tribe's history, but few tribes would have voluntarily relinquished their Sovereign rights to regulate land use within tribe's own territory…. (Sovereignty which has never been extinguished.[^Cohen])
“Tribal eminent domain powers will most likely be treated by the federal court like other inherent tribal powers such as Sovereign immunity and taxation that are retained, but limited by federal law. 189 Tribes continue to enjoy Sovereign Immunity, but it is recognized that tribal Sovereign Immunity can be waived by Congress. 19 But Congress has to do it. And Congress never has. ! [SCOTUS McGirt v. OK] Tribes also enjoy taxation powers, but those powers are limited to tribal lands or consensual relationships. 191
“Some state officials have agreed that eminent domain is a sovereign power of modern tribal governments, even in states where tribal powers have otherwise been diminished. For example, a 1985 Attorney General's Opinion for the state of Nebraska places eminent domain in the same category with tribal tax powers: 200
“Tribal governments should evaluate whether the exercise of eminent domain powers would be useful, particularly in combating fractionated ownership and land tenure problems that were created without tribal consent. As a retained element of inherent Sovereignty, tribes have the same authority to avail themselves of the power as do federal and state governments. But tribes should move forward in policy determinations with the unique insight gained from having similar powers exercised against them. Perhaps tribal governments have the perspective to show the other two Sovereigns how to exercise the power in a way that is more respectful of individual rights.
196. Mark J. Cowan, Leaving Money on the Table(s): An Examination of Federal Income Tax Policy Towards Indian Tribes, 6 Fla. Tax Rev. 345, 363 n. 78 (2004) (noting that the 3 major sovereign powers of tribes, as mentioned in title 26, section 7871 of the U.S. Code, include taxation, eminent domain, and police powers).
This is not the time for bashfulness. A Rose by any other name is still a Rose. A Sovereign Native Indian Tribe and a Sovereign Concord Corporation by any other name is still a Sovereign Native Indian Tribe and a Sovereign Concord Corporation.
The Puritan Theocratic Concord Corporation Governments heirs and descendants must have the [SCOTUS McGirt v. Oklahoma] perspective to show the other two Sovereigns how to exercise the power in a way that is more respectful of individual rights. [Stacy L. Leeds, By Eminent Domain or Some Other Name: A Tribal Perspective on Taking Land, 41 Tulsa L. Rev. 51 (2013). Available at: https://digitalcommons.law.utulsa.edu/tlr/vol41/iss1/4]
There have been no panel discussions concerning Concord Massachusetts Bay Colonists’ land loss.
However, it’s a new day. The highest court authority in the United States, the Supreme Court, has spoken: SCOTUS McGirt v. Oklahoma 2020, Leading Case: 140 S. Ct. 2452 (2020). Only the Supreme Court of the Almighty God is greater.
“On the far end of the Trail of Tears [were] promise[s]. Much of federal Indian law jurisprudence is about whether promises to Indian tribes have been broken or kept. In the past, those promises were often unequally broken piecemeal by Congress or sometimes by judges on federal common law grounds.”
Relying on a textualist methodology (what the contract agreements’ and promises’ words say), the Court rejected extratextual (outside reputable text, uncountable, unreliable text) sources in aid of interpreting statutes and reaffirmed that U.S. Congress is the only entity that can break the promise of a Native Indian Reservation.”
“But last Term, in SCOTUS McGirt v. Oklahoma 2020, Leading Case: 140 S. Ct. 2452 (2020), the Supreme Court held that one such promise had been kept. “McGirt’s sole reliance on the text of Statutes and Natïve Indian Treaties is part of a recent trend in the Court’s federal Indian law cases.
This trend might call into question judge-made limitations on tribal authority developed in cases such as Montana v. United States, 7. 450 U.S. 544 (1981). which governs tribal authority to regulate nonmembers on reservations,” [McGirt v. Oklahoma, Nov 10, 2020, 134 Harvard Law Review 600]
And might call into question unconcern, disregard and nonfeasance of the U.S. Government, Department of the Interior, Bureau of Indian affairs and others this reporter has contacted in preparation of this important research concerning George Wheeler Sr.'s North Walden Pond 44 acres.
For example, the Eastern Regional Director Bureau of Indian Affairs, (545 Marriott Drive Suite 700, Nashville, TN 37214 Telephone: (615) 564-6500 Telefax: (615) 564-6701 eastern.inquiries@bia.gov) replied with "no interest in Walden Pond" a 1635 Concord, MA Indian Treaty property.
Furthermore, the Director did not sign the reply with personnel identification and added the Tribe (Squaw Sachem and the Pennecook Native Indians, a sub-Tribe {sub-family} of the Nipmuc 1st Nation) was not a 1635 legal Tribe.
This reporter adds, Squaw Sachem was such an import Chieftain after her husband the Chief died, that her history is written in Wikipedia and numerous other references. Words describing the 1635 Native Indian Treaty contract agreements and promises of the Pennecook Native Indians, a sub-Tribe (sub-family) of the Nipmuc 1st Nation mattered to Squaw Sachem. Without knowing modern day SCOTUS decisions, Squaw Sachem was a strict Indian Treaty Textualist. She and others signed below the words of the Native Indian Treaty. Squaw Sachem kept her Native Indian Treaty words. Her Indian Tribe members actually honestly testified in a Court case about the agreements and promises words of the 1635 Native Indian Treaty with the Concord Massachusetts Bay Colonists, Purchasers and Shareholders. Squaw Sachem became a powerful Native Indian textualist leader in Massachusetts history. Squaw Sachem did what her words said and taught her underlings likewise.
Squaw Sachem (b.c. 1590- died c.1650 -1667 [1] was more than a prominent female Chieftain and leader of a ‘Nipmuc’ Tribe who deeded large tracts of land in eastern Massachusetts to early colonial settlers, including Boston and other cities. Squaw Sachem was a remarkable heroine who set an important example for Native Indians. Squaw Sachem was the widow of Nanepashemet, the Sachem (chief) of the Pawtucket Confederation of Indian tribes, who died in 1619.[2] Her given name is unknown and she was known in official deeds as the "Squaw Sachem."[3] Squaw Sachem ruled the Indian lands aggressively and capably after Nanepashmet's death.
“Nanepashmet ruled over a large part of what is now coastal Northeastern Massachusetts. After his death in 1619, his wife, recorded by the English only as Squaw Sachem, and three sons governed the sub-named confederation's territories, during the period of the Great Migration to New England by English Puritans from about 1620 to 1640. By 1633, only the youngest son of the three, Wenepoykin, known to the colonists as "Sagamore George," had survived a major smallpox epidemic that year that decimated the tribes. He took over his brothers' territories as sachem, except for areas that had been ceded to colonists. “By ~ 1607, Nanepashemet controlled the lands from the Charles River of present-day Boston, north to the Piscataqua River in Portsmouth and west to the Concord River. His influence stretched north to the Pennacook tribe, which inhabited the White Mountains region of present-day New Hampshire down to Massachusetts.
“Nanepashemet was respected by his people as a warrior and a leader. His name was translated as 'the Moone God' by Puritan Roger Williams in his A Key Into the Language of America. (1643/reprint 1827).[2] Most historical accounts translate the chief's name as meaning "New Moon" (e.g., see B. B. Thatcher, 1839).[3] Nanepashemet's tribe caught fish in the rivers and sea, dug and harvested shellfish, and raised corn on the Marblehead peninsula. “In 1618, an epidemic of smallpox decimated his band, but Nanepashemet was spared because of his isolation in the fort. By 1619, the Tarrantines discovered his whereabouts, laid siege to the fort and ultimately killed Nanepashemet. Two years later, a party from the Plymouth Colony including Edward Winslow came across his fort and his grave.[4]
“Nanepashmet’s Their three sons are referred to in the colonial records as Sagamore John, Sagamore James, and Sagamore George. “Around 1635 or 1636, along with several other Native Americans, she deeded land in Concord, Massachusetts to Colonists, and by that time she had remarried to a tribal priest, Wompachowet (also known as Webcowit or Webcowet)[4] at that time.[5] [Picture File: Squaw Sachem - Robbins Memorial Flagstaff - Arlington, MA - DSC02798.jpg]
Hopefully some interested person will refer her history to Eastern Regional Director Bureau of Indian Affairs for Massachusetts.
2. Objective: “A suit may be brought by the Attorney General, in virtue of his office, and it need not be authorized by a statute.”[Case: U.S. Supreme Court, Sanitary District of Chicago v. United States No. 161, Argued December 8, 9, 1924, Decided January 5, 1925, P. 266 U. S. 426 (1925)]
‘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’ request the Division of Civil Rights, Department of Justice and the U.S. Attorney General investigate the Eminent Domain Abuse of 1635 Indian Treaty North Walden Pond 44 acres and authorize notifications and compensation-for the 44 acres adverse possession without a chain of legitimate title and land deeds and reparations and reclaimation-of ownership of the 44 acres for George Wheeler Sr. descendant-heirs’ families’.
Title search and deed references confirm George Wheeler Sr.’s 1664 Will and 1687 Probate bequeathed son executor John and his widow Sara Larkin Wheeler’s 8 children’s descendant heirs, generation after generation, perpetuatously own George Wheeler Sr.s 1635 Indian Treaty, the Constitutional Supreme Law of the Land, North Walden Pond 44 acres, which were ‘concordantly’ managed and maintained for ~200 years from 1635 to 1845 without interference by states, state actors and all others. The subsequent cavalcade of North Walden Pond 44 acres Indian Treaty property violations is dumb-founding; only to be moron-mounted by authorities’ aiding and abetting and malfeasanceing.
'Squatters' property occupancies, leases and ownership assumptions were the result of 1841 'Preemption (Squatters) Law' misinterpretations, Thoreau’s ‘Civil Disobedience’ essay in 1849 that “promotes the need to prioritize one's conscience over dictates of laws”. Transcendentalists Emerson, Thoreau and others promoted edgy lawlessness with their publications and orations . “Transcendentalists believed the law held no power over them and ignored the laws of property when advantageous.”
“In 1838, Emerson delivered a shocking speech to new Unitarian ministers who were graduating from Harvard College. Emerson attacked the Unitarian Church for promoting a lifeless form of Christianity. He also questioned the miracles of Jesus, preferring to concentrate on Jesus’ moral teachings. Emerson argued that individuals could discover truth and God within themselves without belonging to a church or holding a particular set of religious beliefs.”
“The Unitarian establishment in Boston reacted with horror and accused Emerson of blasphemy and atheism. Harvard banned Emerson from further speech-making to Harvard students.”
Emerson continued to expand his “New Views” through lectures, essays, and poetry. He incorporated ideas from European thinkers like Immanuel Kant as well as from Hindu, Persian, and Chinese writings. By 1840, he had developed the main ideas that defined Transcendentalism.” (BRIA 22 1 a The Transcendentalists in Action, Constitutional Rights Foundation, Bill of Rights in Action, Winter 2005 {22:1})
The heirs and constituents of ‘The Society For Walden Pond Preservation and George Wheeler Sr. History’ request that Maria C. Curtatone, Register, Middlesex South Registry of Deeds remove the North Walden Pond 44 acres Quitclaim Title Theft which is divided into 3 Concord, MA ‘squatter’ parcels, Ralph Waldo Emerson’s 13.5 acres with Thoreau’s (Wheeler’s) Cove, Samuel Hoar’s 13.6 acres land and Edith Emerson Forbes’ 16.33 acres land, a total North Walden Pond 43.43 acres recorded in Middlesex South Registry of Deeds, book 449 page 515 that thumb the scales of injustice and reinstate John and his widow Sara Larkin Wheeler’s 8 children’s descendant heirs, generation after generation, perpetuatous ownership of George Wheeler Sr.s 1635 Indian Treaty, the Constitutional Supreme Law of the Land, North Walden Pond 44 acres..
The Quitclaim Title Theft unlawfully merged George Wheeler Sr’s 1635 Indian Treaty Wheeler heirs’ North Walden Pond 44 acres, the Constitutional Supreme Law of the Land, with Ralph Waldo Emerson’s legally purchased South Walden Pond 41 acres 200 hundred years later in 1845 from Abel Moore and John Hosmer. Then in 1922 the preposterous family owners merged the 2 properties and donated the North and South Walden Pond merger to the state of Massachusetts.
Following elimination of the North Walden Pond 44 acres Quitclaim Title Theft recorded in Middlesex South Registry of Deeds, book 449 page 515, the families’ 1922 Walden Pond donation to the state of Massachusetts will reflect the donar families’ truthful legal generosity and enforce John and his widow Sara Larkin Wheeler’s 8 children’s descendant heirs, generation after generation, perpetuatous ownership of George Wheeler Sr.s 1635 Indian Treaty, the Constitutional Supreme Law of the Land, North Walden Pond 44 acres.
The incorrect Forbes, Emerson and Hoar North Walden Pond 44 acres diagram. These 3 land parcels and Wheeler Baptismal Cove are the lawful George Wheeler Sr. to John and Sarah Larkin Wheeler heirs’ North Walden Pond 44 acres that the ‘whole communal heirs’ own en bloc today. Never is there a Statue of Limitations for upholding an Indian Treaty and Indian Treaty property violation reCLAIMations.
The United States Government is a plaintiff partner when upholding this 1635 Indian Treaty and enforcing John and his widow Sara Larkin Wheeler’s 8 children’s descendant heirs’ Indian Treaty North Walden Pond 44 acres ownership and the United States Government pays the legal fees.
Inherited perpetuitously, John Wheeler (1643-1713) and his widow (1647-1725) Sarah Larkin Wheeler's 8 children's 'whole commnal' (SCOTUS McGirt) descendant heirs never sold or transferred George Wheeler Sr.s 1635 Indian Treaty, the Constitutional Supreme Law of the Land, North Walden Pond 44 acres.
We heirs expect the elimination of The Quitclaim Title Theft of North Walden Pond 44 acres from the Middlesex South Registry records and enforcemnent and reinstatement of our North Walden Pond 44 acres ownership.
(SCOTUS McGirt v. Oklahoma 2020) upholds Indian Treaty rights of both contractual parties i.e. Indians and Concord, Massachusetts Colonists, with no statute of limitations.
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. [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 Site, in succession to be ‘squatted’, sold, transferred without deed and then 'seizured' 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 that no authority disallowed, overturned, acknowledged and corrected as for the Creek Indians in SCOTUS McGIRT v. Oklahoma 2020.
This research publication is a workbook in progress and is about George Wheeler Sr’s 1635 Indian Treaty North Walden Pond 44 acres that are a 'Native Indian Land Patent' and known in law as the '1st Title Deed', the 1st deed for North Walden Pond 44 acres to Colonists and a 'Letters Patent' and is issued to the original grantee and to their rightful-descendant-heirs and assigns forever. And about the Massachusetts' Department of Natural Resources’ (DNR) Unconstitutional ‘State’, Not Federal, Eminent Domain ‘Seizure’ and Abuse of the Sovereign Concord Massachusetts Bay Colonist, Purchaser and Shareholder 9th Great-Grandfather George Wheeler Sr.’s rightful heirs’ North Walden Pond 44 acres
Our ‘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’ comprised of many John (born 1643) Wheeler heirs on November 26, 2021 voted and requested and after ~7 months and no response, now respectively re-request the United States Attorney General and Justice Department
Walden Pond State Park historians, the general public and students are deprived the rich, remarkable, truthful complete history and legacy about George Wheeler Sr. and the other 14 Puritan Concord, Massachusetts Bay Colonists, who Purchased Native Indian Lands during the 1635 Indian Treaty and Incorporated the 6-mile-square 'Musketaquid' that became the town of Concord.
For much of the last century, Charles J. Kappler's ‘Indian Affairs: Laws and Treaties’ [1] have served as the primary resource for the final texts of Treaties made between American Indian tribes and the United States government.
In that collation, Kappler included, along with other important materials, 366 of the 375 instruments recognized by the Department of State [2].
Constitution Article VI Clause 2 declares that "all Treaties made, or which shall be made, under the authority of the United States, shall be the Supreme Law of the Land." These documents, therefore, are legally binding words (texts, dialogues, textualism) between these Sovereigns.
Native Indian Treaties enacted before the United States was formed are included.
Textualism relies on exactly what the. Words say. “(o)nly the written word is law, and all persons are entitled to the laws' benefit.”
“To Justice Gorsuch (and most times a majority of this Court), one must set aside all else), or – more controversially put – what may be the best or most just outcome of a dispute – and decide disputes based solely on the ‘written words’ of the law at issue.” [Early Recognized Treaties With American Indian Nations, , Charles D. Bernholz, Brian L. Pytlik Zillig, Laura Weakly, Zacharia A. Bajaber, Published by University of Nebraska Libraries–Electronic Text Center, Lincoln, Nebraska http://treatiesportal.unl.edu/earlytreaties/ http://] [SCOTUS McGirt v. Oklahoma 2020]
What was a Sovereign? The 6-mile-square Concord Town in New England, before the United States became Sovereign Country, became a Sovereign "City on a Hill'. How readers might ask. Admittedly, King Charles I granted the Concord Massachusetts Bay Colony a Royal Crown Grant, but that was under duress, because King Charles I was engaged in the beginning of the English Civil War and was soon dethroned and beheaded in 1649.
England was then ruled by Lord Protectorate General Oliver Cromwell, who supported the King’s Sovereign act.
But King Charles I was embattled in an English Civil War when the Puritans settled the Puritan Theocratic Incorporated Concord Township. The Puritans established a Theocratic Puritan Government limited to church members and separated from the Church of England with Catholic doctrines.
“Governor Winthrop, Dudley, the Rev. John Cotton, and other leaders sought to prevent dissenting religious views, and many were banished because of differing religious beliefs, including Roger Williams of Salem and Anne Hutchinson of Boston, as well as unrepentant Quakers and Anabaptists. By the mid-1640s, Massachusetts Bay Colony had grown to more than 20,000 inhabitants.[The Editors of Encyclopedia Britannica. "Massachusetts Bay Colony". Facts, Map, & Significance. Encyclopedia Britannica. Retrieved September 13, 2018.]
King Charles I became a powerless figurehead. He allowed the Concord Puritans to bring their wealth, unlike other Royal Crown grantees. The 15 Puritans and their families Colonized Concord after their Royal Crown Charter but more definitively Purchased Concord with their own money and Incorporated Concord with their own shareholders and stocks becoming independent from 1649 dethroned and beheaded King Charles I.
Squaw Sachem and her Pennacook Indian sub-Tribe of the Nipmuc 1st Nation, during 1635 Concord Indian Treaty agreements and promises, ceded all their Indian Tribes’ and Nations’ Sovereign 6-square-mile-square 'Mustketaquid' (Concord) ‘Rights’ to the 15 Puritans and their families who named the settlement, Concord.
King Charles I had no Concord property factual and truthful ownership, and was not a stockholder, as described in the rules and regulations of ancient European Incorporations that follow later in this publication, a workbook in progress. King Charles I was no longer alive and King Charles I was no longer King. ["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]
See the ‘words’ about the cession of the Indian Tribes’ Rights on the town historical marker in the photo below.
Squaw Sachem and Pennacook sub-Tribe of Nipmuc 1st Nation's Cession of all their Sovereign Concord Rights to the Theocratic Puritan Colonists, Purchasers and Incorporators further established Sovereign Concord that was Intentionally Designed, Colonized and Sovereignly Characterized.
The 1635 Indian Treaty Concord land Purchasers
[Indian Treaties as Sovereign Contracts By ROBERT J. MILLER PROFESSOR https://www.k12.wa.us/sites/default/files/public/indianed/tribalsovereignty/middle/wamiddle/wamiddleunit1/pointnopointtribes-lessons/lesson2-materials/indiantreatiesassovereigncontractsbyrobertjmiller.pdf]
England was thereafter ruled by Lord Protectorate General Oliver Cromwell until Cromwell’s son failed to follow in his footsteps. Charles II ascended to the throne when the Kingdom of England was reinstated. New England, North America underwent many futile power-struggles and declarations afterwards until the 1776 Revolutionary War and formation of the United States.
Constitution Article VI Clause 2 declares that "all treaties made, or which shall be made, under the authority of the United States and made beforehand under the authority Native Indian and aboriginal and Colonial authorities shall be included to prevent collateral Native Indian, Colonies’ and property owners’ conflicts during the 1776 Revolutionary War and formation of the United States and shall be ‘the supreme law of the land’.”
If historians, the general public and students continue to accept Walden Pond State Park's incomplete history after George Wheeler Sr.'s Walden Pond became Eminent Domained by The Department of Natural Resources (DNR), The State of Massachusetts in 1955, the 1635 Indian Treaty Self-Enacted Enfranchisement agreements, promises and acquisitions of many individually selected Indian properties, including George Wheeler Sr.'s Walden Pond's 44 acres that was selected on the North side of the pond water with shoreline, then "All those moments will be lost in time, like tears in rain." ["Tears in rain" aka "C-Beams Speech"[1], death soliloquy ",[6] 42-word monologue, last words of character Roy Batty 1982 Ridley Scott-directed film Blade Runner. Written by David Peoples and altered by Hauer,[2][3][4] and it is commonly viewed as the defining moment of Hauer's acting career.]
The North Walden Pond 44 acres State Reservation status was initiated by the 'Squatters' who implemented adverse possession and posed as owners after insufficient squatting regulations and unlawfully sold the Walden Pond 44 acres to well-intentioned byers in 3 separate sections; Ralph Waldo Emerson's was the center section.
Following the misunderstood and misapplication of 1841 Preemption ('Squatting') Law, which was for Western migration and settlement of unowned and unoccupied, specific Western states' land, not Massachusetts and Colonial land, trespassers began 'squatting Walden Pond 44 acres as detailed in Henry David Thoreau's book 'Walden'. Peculiarly, Thoreau never mentioned Emerson's supposed purchase of North Walden Pond 13 acres and 80 rods within the 44 acres.
The following happened: George Wheeler Sr. and his bequeathed and descendant family owned and naturally preserved the 'untamed' Indian Treaty North Walden Pond 44 acres after his Indian purchase in 1635 until the ‘Squatting’ in the 1845 era.
During the 1841 Preemption ('Squatting') Law misconception: (designed for ‘Westward-Ho’ Land Rush, 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) 13 acres and 80 rods located in George Wheeler Sr.'s North Walden Pond 44 acres, were sold by "Squatter" Thomas Wyman or his estate to the good-intentioned Ralph Waldo Emerson, apparently from the confusion. Possibly the 2 other sections of the North Walden Pond 44 acres were sold by ‘Squatters’ then.
The 1845 deed for the South Walden Pond 41 acres and 50 rods, 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 legitimately sold by James Heywood to Abel Moore and John Hosmer who sold the South Walden Pond 41 acres 50 rods 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 50 rods.
The Emerson-Thoreau Cabin (Shanty) unauthorized Wheeler 14 acres (13 acres and 80 rods) without a deed were located within George Wheeler Sr.'s North Walden Pond 44 acres. The 2 other family sections (that were actually QUITCLAIM deedless donations) were donated to the Massachusetts State Park system in 1922 by the Emerson family’s grandson and other 2 properties heirs.
North Walden Pond 44 acres and surrounding pond land with adjacent shoreline, the setting of Henry David Thoreau’s ‘Walden’ were donated (that were actually QUITCLAIM deedless donations) to the Commonwealth of Massachusetts in 1922 (in 3 'Squatter' sections, possibly all purchased from 'Squatter' Thomas Wyman) by the Emerson family 13.50 acres, (13 acres and 80 rods), 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.
The 1922 donations included the Heywood family 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 (13 acres and 80 rods) 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 are often confused with the North George Wheeler Sr.’s Walden Pond 44 acres. The included research publication diagram identifies the Middlesex County deeds and the South Walden Pond 41 acres with Middlesex Co correct acreage, owner and location differences.
“George Wheeler Sr. will was dated January 28, 1684 and presented for probate June 2, 1687. [Suffolk Prob. Reg. Vol. X fol. 1] George Wheeler Sr.’s son and sole executor John Wheeler born in Concord, MA on March 19, 1643. [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 this reporter's 8th Great-Grandfather John Wheeler’s estate. Probate appears was 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.
Widow Sara Larkin Wheeler’s and deceased husband John Wheeler’s ‘considerable moveable estate’ by law, Intestate Succession under the Massachusetts Uniform Probate code (UPC), automatically transferred from the Intestate Widow Sara Larkin Wheeler to her collective 8 of 9 children whose names are detailed in John Wheeler’s probate and listed above without passing through probate court again. Deceased daughter, Thankful, died November 1, 1716.
There are 156,012 surnamed Wheeler persons in the United States. How many are John wheeler and Sara Larkin Wheeler's heirs are unknown.
Walden Pond 44 acres that North of the pond water that contains the Thoreau Cabin 1845-1847 where Thoreau’s transcendental pontifications and his book ‘Walden’ were authored were bequeathed to this reporter's 8th GGFather John Wheeler father of this reporter's 7th GGF Ebenezer Wheeler whose son this reporter's 6th GGF James Wheeler migrated to Sinclair Bottom Church Southwest VA. [James Wheeler, Descendants of Concord, Myrtle Jayne Wheeler Minix, 1982 Chronicle 2,] (Jayne from New Haven, CT and Brookhaven, LI, NY; Wheeler from Concord, MA)
9th GGfather George Wheeler Sr. and wife Katherine Penn Wheeler and 7th GGF Ebenezer Wheeler son of John Wheeler and wife Mary Minott Wheeler are buried with 31 other Wheelers in the Old Hill Burying Ground, Concord, MA. Oldest cemetery in Concord.
97 Wheelers are buried in Sleepy Hollow Cemetery. 8th GGFather John Wheeler son of George Wheeler Sr. and Sarah Larkin Wheeler 19 other Wheelers are buried in South Burying Place. Next oldest cemetery In Concord MA.
James Wheeler, son of Ebenezer Wheler, was NOT buried in Old Hill Burying Ground, Sleepy Hollow Cemetery, or South Burying Place, with the Wheeler families as all the others, because James Wheeler son of 7th GGF Ebenezer Wheeler migrated to Southwest Virginia propagating the Gospels. [James Wheeler, Descendants of Concord, Myrtle Jayne Wheeler Minix, 1982 Chronicle 2,] [Annals of Southwestern Virginia. 1769 - 1800, Part 1, Genealogical Publishing 1976]
Repeating, 9th GGfather George Wheeler Sr. was one of the 15 Colonists, Purchasers and Incorporators of the 6-mile-square Sovereign Concord, Massachusetts Bay 1635 Corporation, that included shareholder George Wheeler Sr. 44 acres of Walden Pond land stockholds.
The Concord Free Public Library has our 9th Great-Grandfather George Wheeler Sr. genealogy ‘etched in stone’ down-to my 6th GGF James Wheeler son of 7th GGF Ebenezer Wheeler. Curator Anka Voss has been very helpful and generous with materials, maps and pictures. This reporter has a nice working rapport with Anka Voss.
James Wheeler son of 7th GGF Ebenezer Wheeler migrated to Sinclair (St. Clair) Bottom Primitive Baptist Church 408 Whitetop Road, Chilhowie, VA 24319in Smyth County Southwest VA established in ~1791. James Wheeler’s descendants in 1805 migrated-to and settled ‘sisters’ Concord, KY and Concord Church on the Big Sandy River across from the Buffalo Shoal near Leon Burchett’s home present on the outskirts of Paintsville, KY. They intended to propagate Protestantism Wheeler who is also buried there in an unmarked grave. The 3rd evidence, the Concord Church, moved closer to Paintsville, KY. On R67F+P9, formerly old Route 40, This reporter’s paternal Grandfather Charles Wesley Wheeler’s genealogy to 6th Great-Grandfather James Wheeler has been accurately reported by many reputable genealogists. The following genealogy wheel, another story than this, documents 6th GGF James Wheeler’s descendants. and convert lost souls.
James Wheeler son of 7th GGF Ebenezer Wheeler migrated to Sinclair (St. Clair) Bottom Primitive Baptist Church 408 Whitetop Road, Chilhowie, VA 24319
Smyth County Southwest VA established in ~1791. James Wheeler’s descendants in 1805 migrated-to and settled ‘sisters’ Concord, Ky and Concord Church on the Big Sandy River across from the Buffalo Shoal near Leon Burchett’s home present on the outskirts of Paintsville, KY. They intended to propagate Protestantism and convert lost souls. [James Wheeler, Descendants of Concord, Myrtle Jayne Wheeler Minix, 1982 Chronicle 2,] [Annals of Southwestern Virginia. 1769 - 1800, Part 1, Genealogical Publishing 1976]
The only 3 evidences for the Concord, Ky settlement are the graves of 5th Great-Grandfather Jesse Wheeler on the hillside of Concord, KY marked with a DAR Revolutionary War veteran marker and his son, 4th Great-Grandfather Stephen Wheeler who is also buried there in an unmarked grave. The 3rd evidence, the Concord Church, moved closer to Paintsville, KY. On R67F+P9, formerly old Route 40, This reporter’s paternal Grandfather Charles Wesley Wheeler’s genealogy to 6thGreat-Grandfather James Wheeler has been accurately reported by many reputable genealogists. The following genealogy wheel, another story than this, documents 6th GGF James Wheeler’s descendants.
James Wheeler was born 4 March 1721/22 in Rehoboth, Bristol, MA. He was the son of James Wheeler and Elizabeth West . He married Abigail Brown 7 April 1744 in Rehoboth, Bristol, MA. She was the daughter of Samuel Brown and Ann Darling. James died in February 1804 in Washington County, VA. He is buried at Saint Clair Bottom Primitive Baptist Cem, Chilhowie, Smyth, VA
James Wheeler and Abigail BrownWheeler had seven children:
Will Of James Wheeler of Washington County Virginia
In the name of God Amen I James Wheeler of Washington County and State of Virginia being weak of body but of perfect mind and memory do make and ordain this my last Will and Testament in manner and form following to wit, First my will and desire is that all my just debts be legally discharged by my executord and after decease my funeral expenses paid, my will and desire is as follows to wit. First I give and bequeath to my two sons Stephen and Oliver Wheeler a Tract of land in this County known by name of the Temple Tract purchased by Edward Morgain, the Title of which they are to obtain from said Morgain; to be equally divided in quantity and quality between them; containing by survey one hundred and twenty six acres with this condition that each of them the said Stephen and Oliver Wheeler shall pay to my son Jesse Wheeler two years after my decease three cows and calves each for the consideration of his portion of the above mentioned land. 2nd. I give to my grandsons, Oliver Wheeler Junr., son of Jesse, and James Cole, son of Sampson Cole two hundred acres of land, lying and being in the County of Washington and State of Tennessee and on a Creek known and mentioned in the patent for said land Beaver Dam Creek waters which patent is in the name of my son Stephen Wheeler who my will and desire is shall legally convey this and two hundred acres to this Oliver Wheeler Junr. and James Cole, aforesaid equally in quantity and quality they paying all expenses for conveyance and dividing the same. 3rd. I give to my two daughters Abigail Jayne and Lyda Cole wives of Henry Jayne and Sampson Cole to be sold and equally divided between them my part of the following Tracts of land in the State of Tennessee to wit one hundred acres of land, lying and being in Washington County and the State aforesaid on Beaver Dam Creek the survey including the place known on said creek by the name of the little Bottoms; patented to my son Stephen Wheeler who has never conveyed the titles to me, also fifty acres in another patent to him and his name bearing Date 2nd Day of December 1796 the former patent bearing Date 27th Day of February 1796 the land of the latter patent lying and being in the County of Sullivan on the said Beaver Dam Creek each of which parcels of land my will and desire is that my son Stephen do convey or cause to be conveyed to them or their order; whenever called on after my decease they paying all necessary and legal expenses in dividing and conveying the same-- 4th. All the rest of my personal estate I lend to my loving wife Abigail Wheeler during her natural life and after her decease my will and desire is that the household furniture of which she may die in possession of be equally divided between my two daughters Abigail Jayne and Lida Cole wives of Henry Jayne and Sampson Cole all the rest of my personal estate of whatsoever kind it may be I give and bequeath to my three sons to wit, Jesse, Oliver and Stephen Wheeler after said wife's decease to be sold and equally divided between them; and in order to more fully explain the land given to my two daughters as above stated the patent wherin I give them one hundred acres out of and dated as above contains four hundred acres and the other wherin I give them fifty acres out of one hundred acres-- And 5th and lastly. I do hereby constitute and appoint my son Stephen Wheeler and Sampson Cole my Executers of this my last Will and Testament hereby revoking all other or former Wills and Testaments by me made. In witness wherof I have here unto Sett my hand and affixed my seal this 28th day of Feby one thousand eight hundred and four-- James (X) Wheeler (Seal)Signed Sealed published and declared as of last Will and Testament of the above named James WheelerIn the presence of usJohn ByersDavid MartinStephen Wheeler Jun.Will Book 2, page 437 At a Court held for Washington County the 21st day of February 1804. The last will and Testament of James Wheeler deceased was proven in court by oaths of David Martin and Stephen Wheeler junr. two of the witnesses thereto and ordered to be recorded. And on the motion of Stephen Wheeler and Sampson Cole the Executors therein named who took the oath of executor prescribed by law and together with David Martin, Oliver Wheeler and Joel Hubble their securities entered into and acknowledged their bond in sum of fifteen hundred dollars conditioned as the law directs a certificate is therefore granted them in due form. Attest D. Campbell D.C.Note: The date of the will and the probate date. [1][2]
Sources
Note: DOB from import stated the year of birth was 1720/21. The year entered into the form was 1720 and caused an error in the birth between James and his brother Henry, b. 20 Dec 1719. According to The Genealogical and Encyclopedic History of the Wheeler Family in America James date of birth is 04 Mar 1721/2. Date changed to 1721 to solve the error.
Name: William James Wheeler Gender: m (Male) Birth Date: 7 apr 1722 Birth Place: Concord, Middlesex, Massachusetts, USA Death Date: 21 feb 1804 Death Place: Washington, Virginia, USA Death Age: 81 Spouse: Abigail Jayne Brown Children: Sarah Sally Wheeler Stephen Wheeler Mary Wheeler Lydia Wheeler Eleazer Wheeler Anna Wheeler James Moses Wheeler James Wheeler Phineas Wheeler Stephen Carrington Wheeler Elizabeth Wheeler Diadama Wheeler Humfry Wheeler Abigail Wheeler Oliver Jesse Wheeler/ Sr URL: https://www.genealogieonline.n...
See ANCESTRY AND GENEALOGY OF 9TH GREAT-GRANDFATHER GEORGE WHEELER SR., COLONIST OF 1635 CONCORD, MASSACHUSETTS.
Please see ANCESTRY AND GENEALOGY OF 9TH GREAT-GRANDFATHER GEORGE WHEELER SR., COLONIST OF 1635 CONCORD, MASSACHUSETTS page 110.
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 an 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 widow 8th Great-Grandmother Sara Larkin Wheeler's 8 of 9 children survive Sara Wheeler, the deceased single parent, each will receive 1/8 of the properties. Deceased Thankful was born on June 3, 1682 [1]; died November 1, 1716.
If 1 of 8 Sara Larkin Wheeler's 8 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. The 9th child deceased Thankful was born on June 3, 1682 [1]; died November 1, 1716.
If in the nextest-successive-generations any are deceased the remaining shares will be 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
"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 8 living Children and her 8 children inherited every property and everything else she owned. John Wheeler preceded Sara Larkin Wheeler in death. Thus her entire virginal Indian Treaty estate, the original George Wheeler Sr.’s Indian Treaty property, passed without probate to her 8 living descendant children and their descendants.
The 3 well intentioned families in 1922 charitably donated the historically significant 3 sections of the Walden Pond 44 acres (that were actually QUITCLAIM deedless donations) to the to the Commonwealth state of Massachusetts (in 3 'Squatter' sections; believed purchased from 'Squatter' Wyman, actually Cyrus Stow, executor of Thomas Wyman's estate.
Considering that The Department of Natural Resources (DNR), The State of Massachusetts, in 1955 Unconstitutionally “took” by Eminent Domain without proper notification and compensation of the rightful owners, John Wheeler’s will-bequeathed descendant families The "took" was Unconstitutional.
The 'Seizure' was Unconstitutional because “States and/or state actors may not ‘Seize’ or pilfer with tribal land because the 'seizure' by Eminent Domain would require disestablishment of the entire Indian Treaty.” Only the Federal Government and U.S. Congress can 'seize' by Eminent Domain and disestablish, revoke or alter an Indian Treaty. [Professor Joseph William Singer, Harvard Law Education].
The adverse possession process in the case of The North Walden Pond 44 acres, which were originally George Wheeler Sr.’s 1635 Indian Treaty Land, was more serious. The 1861 Preemption Act , adverse possession "Squatting' process, of Indian Treaty property was and is Unconstitutional.
The attempted piecemealed alteration process by non-U.S. Government Actors to disestablish and unentangle the Concord Indian Treaty, the Constitutional Law of The Land’, was tragically more corrupt.
Anyone or group.... who “aids, abets, causes the continued commission by another party of federal Unconstitutional Deedless Quitclaim property ownership theft of the Wheeler Heirs' Indian Treaty North Walden Pond 44 acres with sacred Wheeler Baptismal Cove.... is as punishable as the 1st another party instigator of the theft, that is, as though the anyone or group had committed the offense themselves. 119 [Federal Conspiracy Law: A Brief Overview, Updated April 3, 2020, Congressional Research Service https://crsreports.congress.gov R41223]
Ralph Waldo Emerson and Henry David Thoreau were iconic historical Concord, Massachusetts figures answering the call for many extraordinarily scholarly disciplines. Their Walden Pond History must be educated and preserved. But the historically inclined and the general public might be surprised to find that the history of Walden Pond did not begin with Ralph Waldo Emerson, Henry David Thoreau and Transcendentalism that began in the early 1800’s.
“Transcendentalism became a coherent movement and a sacred organization with the founding of the Transcendental Club in Cambridge, Massachusetts, on September 12, 1836, by prominent New England intellectuals, including George Putnam (Unitarian minister),[8] Ralph Waldo Emerson, and Frederic Henry Hedge. Other members of the club included Amos Bronson Alcott, Orestes Brownson, Theodore Parker, Henry David Thoreau, William Henry Channing, James Freeman Clarke, Christopher Pearse Cranch, Convers Francis, Sylvester Judd, and Jones Very. Female members included Sophia Ripley, Margaret Fuller, Elizabeth Peabody, Ellen Sturgis Hooper, and Caroline Sturgis Tappan. From 1840, the group frequently published in their journal ‘The Dial’ along with other venues. [Wikipedia https://en.wikipedia.org/wiki/Transcendentalism]
George Wheeler Sr’s Walden Pond 44 acres continues to this day to be a very special place, well beyond the imagination of most inaccurately uninformed people historically. Of course, George Wheeler Sr’s Walden Pond 44 acres romantic historical epicenter emanated from Henry David Thoreau. “who was condemned by many as a ‘misanthrope’, a misfit, a hermit. Certainly, Thoreau did not suffer fools gladly. Thoreau did have a heart. The 2 great loves of his life were his brother John and the ‘Wonders of Nature’. His brother John died tragically of Tetanus (lockjaw) in January 1842 and Thoreau was never quite the same again. It was then that he turned to the contemplative life.
Thoreau contemplated a state of Oneness with Nature and Environmental Protection. Walden Pond was Nature’s ‘epitome extraordinarius’ during that era his lifetime and before. Walden Pond’s history-filled eras before Emerson and Thoreau are the missing links historically for Nature’s ‘epitome extraordinarius’.
“Some locals thought Thoreau’s contemplations carried his passion too far: For instance, it is reported that Henry was inordinately fond of wading naked through the streams of Concord” which was an exaggeration that lacked the complete scientific Einsteinian explanation. Let us be objective. Einstein never conducted a laboratory experiment. He conducted thought experiments in his Mind, when he peered out the window into Heavens’ Natural Wonders.
As in "Economy" Thoreau's growing state of inspiration is signaled by the songs of birds; again Thoreau's special symbol of inspiration appears as "the wood thrush sang around and was heard from shore to shore." As Thoreau bathes in the pond, we discover still other symbols of spiritual purification, that of water and the religious ceremony of baptism.
Thoreau is careful to make this allusion clear: "I got up early and bathed in the pond; that was a religious exercise and one of the best things which I did." That this symbolic action takes place in the morning is also significant.” [Summary and Analysis In the U.S. and Canada, Passenger and Immigration Lists Index, 1500s-1900s Detail Where I Lived, and What I Lived For, ‘Walden’, Henry David Thoreau, Cliff Notes]}
“Henry David Thoreau's was an ‘Apostle of the Wilderness’. Thoreau's theology of the wild was enabled through his engagement with Native Indians. Thoreau believed that for peoples' souls to survive being cut off physically from wilderness, they must cultivate this wilderness within–a feat they must learn–and appropriate–from indigenous peoples.” [Apostles of Wilderness: American Indians and Thoreau's Theology of the Wild (Lydia Willsky-Ciollo; Apostles of Wilderness: American Indians and Thoreau's Theology of the Wild. The New England Quarterly 2018; 91 (4): 551–591. doi: https://doi.org/10.1162/tneq_a_00704]
“Thoreau's actions while living at Walden illustrate his concern with purification and rebirth. He has already stated that he swam early every morning in the pond. These actions function as a sort of ritual baptism, representing a new beginning and connecting Thoreau physically with nature [http://www.bradleypdean.com/research_writings/Bean_Field_Article.pdfRediscovery of Walden by Bradley P. Dean pp 90 -97.]
The Concord Puritans practiced 2 sacraments, Baptism and the ‘Last Supper’. Many Indian powwow sacraments and ceremonies were ritualed before Walden Ponds formation and baptisms were ritualed after Walden Ponds formation.
Many came from far away, even Boston, for the sacred Walden Pond ‘Spring water. Walden Pond had the deepest Massachusetts Lake formed from melted ice and formed from a ‘glacialkettle-hole’ with deep spring water arising from the ‘aquifers’ found during Thoreau’s depth measures. Thoreau claimed “Walden Pond figuratively mingled with the Sacred Ganges water….All Nature and Humans are infused with Divine Spirituality and accessible Creation and Universe Energies…..Living close to Nature provides and essential Human being experience…..Walden Pond is the ‘Cathedral of Nature’.” [Thoreau, 18545/1992:264]
Thoreau was ahead in this game of life and his prodigious conclusions concerning Nature and our Universe’s Interconnectedness and Transcendentalism were revolutionary. Concord, MA was a Puritan Theocratic Incorporated Community and George Wheeler Sr.’s Walden Pond 44 acres were Nature’s ‘epitome extraordinarius’.
Walden Pond 44 acres remnant glacial kettle-like features were its birthing-beginning but Science was in the midst of its birthing-beginning during Thoreau’s proliferative authoring era.
Even after a century and a half, Thoreau speaks best for himself: From Thoreau’s Book, ‘Walden’: "I went to the woods because I wished to live deliberately, to front only the essential facts of life, and see if I could not learn what it had to teach, and not, when I came to die, discover that I had not lived ... I wanted to live deep and suck out all the marrow of life, to live so sturdily and Spartan-like as to put to rout all that was not life, to cut a broad swath and shave close, to drive life into a corner, and reduce it to its lowest terms, and, if it proved to be mean, why then to get the whole and genuine meanness of it, and publish its meanness to the world.
"Near the end of March 1845, I borrowed an axe, said Thoreau, and went down to the woods by Walden Pond, nearest to where I intended to build my house, and began to cut down some tall, arrowy white pines, still in their youth, for timber…. The owner of the axe, as he released his hold on it, said that it was the apple of his eye; but I returned it sharper than I received it ...
Thoreau, "The scenery of Walden is on a humble scale and though exceptionally beautiful, does not approach to grandeur, nor can it very much concern one who has not long frequented it or lived by its shore; yet this pond is so remarkable for its depth and purity as to merit a particular description. It is a clear and deep green well, half a mile long and a mile and three quarters in circumference and contains about sixty-one and a half acres: a perennial spring in the midst of pine and oak woods, without any visible inlet of outlet except by the clouds or evaporation...
During Thoreau’s era, Walden Pond’s scenery and ambience were exhilarating. Thoreau, "The mass of men lead lives of quiet desperation. What is called resignation is confirmed despair...
Now the ‘Wonders of Nature’ that Thoreau found in George Wheeler Sr.’s Walden Pond 44 acres are straining for survival. What remained of Walden Pond 44 acres then in Thoreau’s lifetime, when conservation, recreation and preservation were supervised and not tarnished under the guise of the George Wheeler Sr.’s bequeathed John Wheeler families’ heirs until 1841, are now when ‘managed’ by Walden Pond Reservation Park System, George Wheeler Sr.’s Walden Pond 44 acres are besieged and stressed from overuse; ~500,000 visitors per year.
While Thoreau was known as ‘Apostle of the Wilderness’, realistically the walking distance and time from the center of Concord to Walden Pond along Walden Street is 1.3 miles and requires 20 to 25 minutes. As a guest, Thoreau often dined with the Charles Stearns Wheeler’s family, especially when he shared the Charles Stearns Wheeler cabin (shanty) at Flint’s Pond, that was bequeathed by George Wheeler Sr. to Captain Thomas Wheeler. Please see George Wheeler Sr.’s will. Thoreau was inspired for his Walden Pond life in the ‘wilderness’ at Flint’s Pond.
Concord, MA was a New England town. “The New England town and its town meeting form of government invoke images of roadside town line signs and real democracy playing out on the floor of a wood stove heated frame town house in a small town somewhere in Boston’s hinterlands. The New England town is a municipality that encompasses an expanse of land and usually includes compact settlements (villages /hamlets) and rural areas. These political units evolved from the seventeenth century needs of people transplanting themselves from England to the shores of Massachusetts Bay.
“Demands of church and civic governance resulted in a blending of religious and town government or Theocratic Government affairs in early Massachusetts. John Winthrop, first governor of the Massachusetts Bay settlements that would develop in and around the Boston locale was a principal player in both Congregationalism and establishing the underpinnings of New England town formation and administration [Rudman 1965].
“Towns were charged with providing local services: laying out roads and maintaining them, education, police and fire protection, overseeing the poor, passage of ordinances to protect public health and promote the general welfare of the population. These municipalities were also authorized to raise taxes to support their functions.
New England colonies established policies that encouraged contiguous settlement as the frontier advanced.
This provided for better safety from both external and internal dangers.
“Rogue Indians and foreign powers presented threats from time to time. On the domestic front church and community leaders wanted to watch over their people to ensure no citizen strayed from social norms. Hester Prynne with her scarlet letter and the banishing of Roger Williams from Massachusetts are examples of the latter [Hawthorne 1850; Barry 2012].
“As time passed villages within the towns became the visual icon of much of the region [Wood 1997]. However, even with villages, some quite large, the town continued to be the government [Murphy 1964]. If growth or political pressure resulted in city status the city line conformed to the pre-existing town line. Colonies and later states made provisions for town lines to change as development and population patterns evolved. In some situations towns reverted to unorganized townships if loss of population dictated.
“Towns in New England range in geographic area from a few hundred acers in the case of some island communities and compact urban areas to a more typical size of six-miles by six-miles or thirty-six-square miles. This larger size represents the approximate service area of a colonial church or seat of town government.
Most traffic was by foot or animal. Topography and barriers to travel were often considered in laying out town lines. Towns were created from unincorporated land by colonial and later state governments.
“As land came under private ownership and underwent settlement, towns were incorporated upon petition of the owners and residents. In some situations plantations (planting a settlement) were formed by the colonial or state government.
Plantations have fewer home rule powers then towns and are an intermediate step to becoming a town. The official name of the State of Rhode Island is Rhode Island and Providence Plantations. Our smallest state has the longest name.
“With population growth most plantations eventually became towns. Maine still has a few dozen of them. Many towns skipped ever being a plantation. Maine plantations have the powers of towns except they cannot enact land use ordinances without permission of the state. Most of New England is divided into towns. Larger places and some mid-sized municipalities have become cities.
Cities have more complex governments than towns and this varies among states. Nearly half of Maine (most of its north and northwest) is comprised of surveyed but unincorporated townships. All have either small populations or no people.
“Towns that arose in the six New England states were governed by the open town meeting where a legislative body comprised of all voting citizens of the town gathered at annual or special meetings to transact the legal affairs of the town. Many small and mid-sized towns continue to conduct their business through open town meetings with each citizen representing himself/herself on the floor. Larger towns and cities have councils or town meetings made up of representatives elected from the general population.
Selectmen, usually three or five, are elected by the voters and serve as the executive branch of the town. They are charged with carrying out the wishes of the majority of people voting at town meetings [Zimmermann, 1999; Bryan, 2004]. These open meetings are at the forefront of the region’s political image. [The New England Town: Not a Village Paul B. Frederic December 5, 2016 The New England Town: Not a Village 2017-10-20 T14:38:36-04:00 Focus on Boston, AAG, The American Association of Geographers is global network of leading researchers, educators, and practitioners in geography. Founded in 1904, its growing membership shares interests in the theory, methods, and practice of geography, and its role in helping create a better world. Please visit www.aag.org]
In 1844 Ralph Waldo Emerson and 2 other families paid Cyrus Stow, executor of Thomas Wyman's estate, for the purchase of 3 sections of the 1635 Indian Treaty North Walden Pond 44 acres (NWP44A). NWP44A were never for sale by John (b. 1643) Wheeler's rightful descendant-heirs and after the 1787 Constitution Art. VI, cl. 2. NWP44A a became Constitutionally prohibited purchase, 'Supreme Law of the Land', out-of-bounds that only the John Wheeler rightful descendant-heirs perpetuitously could sale, trade or transact.
Consequently, Emerson in essence resumed Wyman’s Preemption Squat because logistically know or unknown, the NWP44A were owned by Wheeler family heirs' and not for sale but Thoreau lived on NWP44A 2 years and enjoyed it 18 years until his death in 1862 and Emerson enjoyed the NWP44A 38 years untill his death in 1882. But surveyor Henry David Thoreau, wise enough, claimed he himself was ‘Squatting’ on Emerson’s assumed Squat in his book ‘Walden’ and in 1844 did not survey the unrecordable NWP44A.
Cyrus Hubbard surveyed the 13 acres and 80 rods Dec 1848 4 years after the said transaction and Hubbard’s survey was unofficially listed by Henry David Thoreau in the 1857 manuscript of surveys (pencil on paper). No. 31a in CFPL (Concord Free public Library) Thoreau survey collection, that was located within the heart of the George Wheeler Sr. descendant-heir family’s Indian Treaty North Walden Pond 44 acres. In 1922 the Heywood, Emerson, Hoar and Forbes families donated deed-less Quitclaim, with no Chain of Title, to the state of MA, and then the NWP44A underwent an Unconstitutional Eminent Domain ‘Seizure’ violation by the state of MA.
George Wheeler was one of the first incorporated Concord, MA ‘selectmen’ 1660.When ’squatter’ Thomas Wyman died, Ralph Waldo Emerson purchased Thomas Wyman’s wood land in 1844.The North Walden Pond 44 acres were originally George Wheeler Sr.’s 1635 Indian Treaty Land. The 44 acres come to a point at the shoreline.
Henry David Thoreau declared [in his book ‘Walden’] he would ‘squat’ there. In 1635 Indian Treaty original owner George Wheeler Sr.’s Walden Pond 44 acres were claimed by 3 so-called owners (because they were deedless), who were probably Thomas Wyman’s children or associates, as reported by Thoreau in ‘Walden’. The 3 so-called owners had purchased their land claims from ‘Squatter’ Thomas Wyman or is estate, who did not own the land because the 44 acres were not eligible for the 1841 Preemption (“Squatter”) Act. Furthermore, though actually not eligible, had the 44 acres been subject to the “Squatter” Act, Thomas Wyman had not fulfilled the state of Massachusetts Squatter strict requirements.
The 3 families’ donations (that were actually QUITCLAIM deedless donations) were as follows: Emerson family 13.50 acres, Forbes family 16.38 acres, Hoar family 13.6 acre = (43.48 acres representing 44 acres).
The 1841 Preemption ‘Squatter’ Act confused and corrupted many who squatted wrongly. George Wheeler Sr.’s Walden Pond 44 acres Indian Treaty Land were not for Squatting or any other state action.
“Wyman Meadow,” near Thoreau’s Walden Pond cabin (shanty) site was named for the potter Wyman. Clusters of the soil around Walden Pond were good clay excellent for Wyman’s earthenware. ~ “9,500 years ago, during a warm, dry period, pitch pine replaced jack pine and an oak and pine savanna were established on the dry, sandy soils of what is now Walden Woods. [https://www.nytimes.com/1991/10/08/science/history-of-walden-emerges-from-its-mud.html, Oct. 8, 1991, NY Times] [‘WALDEN’ by Thoreau]
Potter Thomas Wyman ‘squatted’ on Wheeler’s Walden Pond 44 acres North of pond water. “Wyman’s descendants succeeded him “holding Wyman Meadow by ‘sufferance’.
Even the sheriff was confused by the 1841 Preemption (“Squatter”) Act. “The Middlesex County Sheriff often came in vain to collect Wymans poll tax, one of the requirements and found no one home and “attached an unpaid chip” [People Mentioned in ‘Walden’: John Wyman, (1730?-1800) John Wyman, his son Thomas Wyman (1774?-1843), Mar 3, 2014 “Stack of the Artist of Kouroo” Project]
Not anticipating a deed for the land, Emerson was confused. “Emerson in a Letter to his brother William Oct 4, 1844 said: “I paid $8.10/acre for 11-acre nears Walden Pond to 2 or 3 men (with Tommy Wyman) walking in the woods. “Next day Emerson returned and paid $125.00 for ~ 3 additional acres of pine grove. Emerson’s “13 acres 80 rods” as surveyed by Cyrus Hubbard 1848 were a section of George Wheeler Sr.’s original Walden Pond 44 acres of Indian Treaty Land where Thoreau built his cabin.
Emerson’s later claimed Walden Pond Lot was surveyed by Cyrus Hubbard Dec. 1848, having been purchased deedless Oct 4, 1844. Thus, 4 years later, after Emerson purchased 13 acres 80 rods” section of George Wheeler Sr.’s original Indian Treaty Walden Pond 44 acres in 1844 without an accompanying Wheeler family deed in 1848 the land was surveyed. John Wheeler descendant families did not sale the 13 acres 80 rods to Wyman or anyone else.
There is no deed. Wyman never owned the property because he was adversely ‘Squatting’ and possessing the land. [13 acres 80 rods. RWE (Ralph Waldo Emerson) Lot by Walden (surveyed by Cyrus Hubbard Dec 1848, copied Dec ’57), manuscript survey (pencil on paper). No. 31a in CFPL (Concord Free public Library) Thoreau survey collection]
Ralph Waldo Emerson asserted the Walden Pond Lot was surveyed by Cyrus Hubbard Dec. 1848. “To conduct Thoreau’s ‘living experiment’ in 1845 Henry David Thoreau negotiated with Ralph Waldo Emerson for Thoreau’s right to ‘squat’ on the lot that Wyman had squatted-on which was the 13 acres 80 rods property section that was geographically tethered like an umbilical cord, to George Wheeler Sr.'s Walden Pond 44 acres, ‘the Supreme Law of the Land’, acquired during the 1635 ‘Mustketaquid’ (Concord, MA) Indian Treaty.
U.S. Congress has not altered the terms, disestablished or abolished the 1635 Concord, Massachusetts Indian Treaty affecting the Wheelers’ Walden Pond 44 acres, George Wheeler Sr.’s original Indian Treaty Land Walden Pond 44 acres that he bequeathed to son John Wheeler and John’s descendant-heirs’ families.
Remembering that George Wheeler Sr’s 1635 Indian Treaty North Walden Pond 44 acres are 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, in 1922 Emerson’s family transferred the deedless Land Patent North Walden Pond 13 acres 80 rods lot with the legitimately deeded South Walden Pond 41 acres South of the pond water to Commonwealth of Massachusetts. Recorded Middlesex County, MA Book 473, pages 351-353 1845.
When bundled unintentionally together with the one deed and only Middlesex County 1845 deed, the North and South Walden Pond 2 separate lot acreage appeared a one unit section that no one would question. Emerson families’ descendants' NWP44A donations (that were actually QUITCLAIM deedless donations) were well intentioned and most probably did not know there were 2 separate properties bundled together. [https://www.bradleypdean.com/research_writings/Bean_Field_Article.pdf Rediscovery at Walden: The History of Thoreau’s Bean-Field]
Only U.S. Congress can alter the terms, disestablish or abolish an Indian Treaty which affects the 2 party’s sides of the Treaty like any other contract, because both sides of an Indian Treaty contract are connected Constitutionally and synergistically.
“As with any contract, both parties must fulfill the promised terms or suffer the legal consequences. The United States, then, must fulfill the treaty promises it made to Indian tribes. As one Supreme Court Justice stated in regard Indian treaties: “Great Nations, like great men, should keep their word.” [Indian Treaties as Sovereign Contracts By ROBERT J. MILLER PROFESSOR https://www.k12.wa.us/sites/default/files/public/indianed/tribalsovereignty/middle/wamiddle/wamiddleunit1/pointnopointtribes-lessons/lesson2-materials/indiantreatiesassovereigncontractsbyrobertjmiller.pdf]
The United States Supreme Court stated in 1905 that United States and Indian treaties are “not a grant of rights to the Indians, but a grant of rights from them — a reservation of those not granted.” Thus, while tribal governments sold some of their rights in land, animals, and resources to the United States for payments of money, goods, and promises of peace and security, the tribes held onto or reserved to themselves other lands and property rights that they did not sell in the treaties. The United States Supreme Court has likened Indian treaties to contracts between “two sovereign nations.” [American Indians & The United States Constitution by Professor J. Robert Miller Lewis & Clark Law School in Portland. Chief Justice of the Court of Appeals of the Confederated Tribes of the Grand Ronde Community of Oregon and sits as a judge for other tribes. author of Native America, Discovered and Conquered: Thomas Jefferson, Lewis & Clark, and Manifest Destiny, Professor Miller's blog at http://lawlib.lclark.edu/blog/native_america/]
Therefore, 1635 Concord Indian Treaty’s agreements and promises ‘written words’ about George Wheeler Sr.’s North Walden Pond 44 acres that he purchased from Squaw Sachem and her Pennacook Indians, a sub-Tribe of Nipmuc 1st Nation, that are like tightly mixed blood flowing through an umbilical cord, similar to ‘Blood Brothers’ sworn loyalty, a blood oath to each other. [Poole, Russell (2005), "Claiming Kin Skaldic-Style", Verbal Encounters: Anglo-Saxon and Old Norse Studies for Roberta Frank, University of Toronto Press, p. 278, ISBN 9780802080110 ]
Wyman squatters’ adverse possession of George Wheeler’s 1635 Indian Treaty Land initiated the Walden Pond 44 acres 'faux pas' and blunders that ended when transferred to ‘Walden Pond State Reservation Park’.
Wyman ‘Squatting’ was followed by Wyman ‘squatters’ erroneous sale, without a deed for transfer, to unsuspecting, good intentioned persons, followed by good intentioned persons charitable donations (that were actually QUITCLAIM deedless donations) to state of MA.
The Department of Natural Resources (DNR), The State of Massachusetts, in 1955 “took” George Wheeler Sr’s Walden Pond 44 acres by Eminent Domain without lawful notification-of or compensation-to the rightful owners John Wheeler’s will-bequeathed descendant-heir’s families.
This notice confirms that NO U.S. Constitutional preemption, squat, sale, donation, condemnation and/or seizure of George Wheeler Sr.’s 1635 Indian Treaty North Walden Pond 44 acres 1st Title Deed Land Patent, ‘The Supreme Constitutional Law of the Land’ (Art. Art. I, §8; Art. VI, cl. 2.) were transacted by the rightful descendant-heirs’ of John Wheeler (born 1643) NWP44A bequeathed son of 9th Great-Grandfather George wheeler Sr.
This is a courteous notice. The 8 children of George Wheeler Sr’s will and probate sole executor, bequeathed son John Wheeler, are the rightful descendant-heirs and in 2022 currently own the "Whole Communal Land Title" for George Wheeler Sr’s 1635 Indian Treaty North Walden Pond 44 acres '1st Title Deed' Land Patent. Only the rightful descendant-heirs of John Wheeler's 8 children can sale can sale the NWP44A "Whole Communal Land Title". The Wheeler side of the contractual treaty is just like the Indian Tribe and their Reservation side or Sovereign Country with self-governance "Whole Communal Land Title" and only the U.S. Congress can alter and revoke or entirely disestablish the 1635 Indian Treaty Contract.
Derived from the United States Constitution, the 1635 Indian Treaty North Walden Pond 44 acres, '1st Title Deed', 'Letters Land Patent' that includes the Thoreau Cabin Site, that Charles Sterns Wheeler Philosophically conceptualized and off-ramped from Charles Sterns Wheeler’s Cabin Site at Flints Pond, that George Wheeler Sr. also Bequeathed to John Wheeler’s brother, Captain Thomas Wheeler, is George Wheeler Sr.'s absolute legal 1st title deed and requires that the United State of America is a partner plaintiff should a legal case for reclaimation and reparations evolve and therefore the legal fees for recovery are paid.
The State of Massachusetts ignored Walden Pond squatting, ["Mission Statement". Massachusetts Sheriffs' Association. 24 Mar 2008. Archived from original on 15 May 2018] and were at odds with the 1841 Federal Preemption ‘Squatting’ Act for Westward Settlements. Settlers “living on federal government-owned land could purchase up to 160 acres for $1.25 per acre of that land before offered for sale to the general public.”
The Preemption Squatting’ Act was for “public land disposal of specific Westward unowned, not surveyed territories. Specific designated states were included. Massachusetts was not one of the designated states.” [Land Actshttps://www.archives.gov] [The Palimpsest 22 (1941), 257-277: https://ir.uiowa.edu/palimpsest/vol22/iss9/2, Johnson, Jack T. "Pioneers and Preemption.”]
The Department of Natural Resources (DNR), The State of Massachusetts, in 1955 the Unconstitutionally 'seizure' of George Wheeler Sr’s Walden Pond 44 acres Indian Treaty Land by Eminent Domain without documenting the chain of title and registration of deeds. The nonexistent deeds should have discovered.
Eminent Domain of Indian Treaty land is only jurisdictionally the authority of our Sovereign U.S. Federal Government and U.S. Congress.
Because The U.S. Congress has not altered the terms, disestablished or abolished the 1635 Concord, Massachusetts Indian Treaty, George Wheeler Sr.’s Walden Pond 44 acres that he bequeathed to his son John Wheeler and his descendant families’ property and are ‘the Supreme Law of the Land’ then in 1635 and remain ‘the Supreme Law of the Land’ now in 2021 [SCOTUS McGrit v. Oklahoma]
Thomas Wyman died. It was at the settlement of the Wyman estate that Ralph Waldo Emerson purchased his plot of woodland with its point touching the North shore of Walden Pond, where Henry Thoreau would squat. “Wyman Meadow,” near the pond by Thoreau’s shanty, is named for Wyman the potter:
‘WALDEN’: "Farther in the woods than any of these, where the road approaches nearest to the pond, Wyman the potter squatted, and furnished his townsmen with earthen ware, and 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, as I have read in his accounts, there being nothing else that he could lay his hands on. One day in midsummer, when I was hoeing, a man who was carrying a load of pottery to market stopped his horse against my field and inquired concerning Wyman the younger."
"He had long ago bought a potter’s wheel of him and wished to know what had become of him. I had read of the potter’s clay and wheel in Scripture, but it had 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 to hear that so fictile an art was ever practiced in my neighborhood."[People Mentioned in Walden: John Wyman (1730?-1800) and His son Thomas Wyman (1774?-1843), Mar 3, 2014 “Stack of the Artist of Kouroo” Project] [[Rediscovery at Walden: The History of Thoreau’s Bean Field by Bradley P. Dean]
Late September: Late in the month Waldo Emerson paid $8.10 per acre for Thomas Wyman’s farmed-out pasture of “eleven acres more or less” behind the poor farm on the road to Walden Pond. The pasture, which had been logged over but had not been farmed for sixteen years, was overgrown but was more or less level. 3 There wasn’t, of course, a whole lot of shade — the area was relatively open.
According to a letter written by Waldo to his brother William on October 4th, he had paid $8.10 an acre for this 11-acre plot near Walden Pond when he had met some men walking in the woods (I suppose the similarity between the name “Waldo” and the name “Walden” cannot have been overlooked by Waldo, however little he knew about the history of religious dissent on the European subcontinent). The next day he had gone back, he told his brother, with some “well beloved gossips” and they persuaded him to pay $125.00 for about 3 more acres of pine grove to protect his investment by preventing these nearby trees from being logged. This became, of course, the land on which Henry Thoreau built his cabin when he made his agreement to clear the pasture of brambles and turn it into a beanfield, but at the time its owner had other plans for it: 4
Brad Dean indicated that “Sometime later that month Thoreau apparently negotiated with Emerson for the right to squat on the Wyman lot and there conduct his ‘experiment of living.’ Emerson’s permission was apparently attended with two provisos: that the small house Thoreau planned to build would become Emerson’s after Thoreau’s tenancy, and that Thoreau would clear and plant the cultivatable portion of the lot.”
“Later, when Emerson wrote a will, he had willed this woodlot to Thoreau, but since Thoreau was already 20 years dead by the time Emerson died, the property was retained in the family. Eventually, in 1922, the family would sign the lot on the pond over to the Commonwealth of Massachusetts. [Rediscovery at Walden: The History of Thoreau’s Bean Field by Bradley P. Dean]
There are no existing legal records in Special Collections, Concord Free public library or recorded by title search or deed reference for Ralph Waldo Emerson's ownership of the 13 acre and 80 rod Cabin Site occupied by Henry David Thoreau that was located within George Wheeler Sr.’s heirs’ owned 1635 Indian Treaty North Walden Pond 44 acres or for Ralph Waldo Emerson's ownership of George Wheeler Sr.’s heirs owned North Walden Pond 44 acres.
Emerson’s completely unverified, nonevidenced story was that in 1844 he owned Wyman’s unlawful Squat on George Wheeler Sr.’s heirs’ owned 1635 Indian Treaty North Walden Pond 44 acres. But honest surveyor Henry David Thoreau, wise enough, claimed he himself was ‘Squatting’ on Emerson’s assumed 13 acres and 40 rods in his book ‘Walden’. Think about it, In 1844 Thoreau did not survey the unrecordable NWP44A as customary, because Thoreau knew Emerson did not own the property. The customary Concord MA legal procedure was and is to purchase the property, survey and record the property. Cyrus Hubard surveyed the property 4 years later in 1848, even though surveyor Thoreau cabined there, but there was no deed written or recorded. Seems Thoreau did not want to be involved in the charade. Indications suggested Emerson and Thoreau disagreed on matters because of uncomplimentary remarks upon Thoreau’s death in 1862. Possibly the false misrepresentation of Emerson’s ownership of the NWP44A was the problem.
[SCOTUS McGirt v. Oklahoma 2020 opinion], “Unlawful acts, performed long enough and with sufficient endurance, are never enough to amend the law. To hold otherwise would be to elevate the most brazen and longstanding injustices over the law, both rewarding those doing wrong and betraying those doing right.” [Justice Gorsuch penned SCOTUS McGirt v. Oklahoma 2020].
“The Constitution Annotated, Article VI Clause 2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all (Indian) Treaties that have been 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.” [ https://constitution.congress.gov/browse/article-6/clause-2 Annotated Constitution]
Articles VI, Clause 2. The Constitution, U.S. Congress and Native Indian Treaties are equivalent; the 3 have the same in standing. Native Indian Treaties are superior-to and untouchable-by states because Native Indian Treaties are Federal, Constitutional, U.S. Congressional’ Law of the Land’. Squatting and seizure of either contractual parties’ Indian Treaty land is Unconstitutional.
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. [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 The "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.
The Tucker Act has an impact on the Wrong Sovereign like the State of Massachusetts, that The 'seizure' by Eminent Domaine George Wheeler Sr.’s Indian Treaty Lands, Walden Pond 44 Acres, without notification and without compensation of the George Wheeler Sr.’s bequeathed son John Wheeler’s descendant families.
“The Tucker Act waives certain immunities available to the government in certain lawsuits. A landowner may initiate an action under the Tucker Act for compensation when the government illegally takes land not included in its document of taking or takes more land than it has paid compensation. Houser v. United States, 12 Cl. Ct. 454 (Cl. Ct. 1987).
The doctrine of estoppel and waiver are available as defenses against a landowner. A landowner who has accepted compensation is estopped from challenging the condemnation proceeding. A landowner’s participation in the whole proceedings will waive any procedural defects in the condemnation proceedings.
“The remedies available have to be initiated within the period of limitation provided in the statutes. A proceeding initiated after the period of limitation is not entertained by the courts. The limitation period varies with the nature of the motions moved. A claim will accrue when the affected party knew or should have known of the injury which is the basis of the action. Duke St. Ltd. Pshp. v. Board of County Comm’rs, 112 Md. App. 37 (Md. Ct. Spec. App. 1996).
“The general rules of evidence are applicable in the condemnation or inverse condemnation proceedings. Burden of proof is on the landowner to prove damages to his/her property. A landowner may be awarded a sum as a cost or fee whenever a court judgment is rendered in his/her favor. [https://eminentdomain.uslegal.com/remedies-of-owners USLegal]
Wise attorneys advise “suing the government was the closest thing to self-immolation (killed or offered as a sacrifice). “They use your tax dollars to pay lawyers to beat you down. They’re using your own money to crush you.” He was speaking of fighting tax audits but the theory is normally sound.
“But one area that the average citizen can “take on” the government and has a good chance of prevailing is condemnation of property. Note that a jury trial can often be available and the average citizen is quite conscious of the need to fairly compensate people who suffer the deprivations caused by governmental action. It is a Constitutional right to be fairly compensated and few governments want to be seen as ogres taking property unfairly.
“That said, as with every fight in our legal system, be sure to carefully consider the cost benefit aspects of the litigation and make sure you have set aside a war chest sufficient to demonstrate to the authorities that you fully intend to protect your own rights. Be realistic, be fair, but also be determined. Relief is often available. [Eminent Domain - The Basic Law, Stimmel, Stimmel and Roeser]
States have NO authority to meddle in the commerce and business of Indian Tribes on their Native Nation Lands or their Reservation Treaties’ lands, which are ‘The Constitutional Law of The Land’.
States have NO authority to interfere with Indian Tribes’ governmental rights and jurisdictions on their Native Nation Lands or their Reservation Treaties’ lands. [SCOTUS McGIRT v. Oklahoma 2020].
Similarly, unless ‘the Constitutional Law of The Land’ Indian Treaty is disestablished and untangled by the U.S. Congress, the U.S. Federal Government or U.S. Federal Courts, States have NO authority to buy, sale or The "took" by Eminent Domain, Indian Treaty established property factual and truthful ownership of either the Indian Treaty Native Indian seller or the Indian Treaty buyer.
‘McGirt v. Oklahoma 2020’ is a SCOTUS precedent example, “stare decisis, “that courts will adhere to in making their decisions ”for subsequent similar legal circumstances. (Latin stare decisis means “to stand by things decided”.) [The Legal Information Institute (LII), Cornell Law School]
All Colonists Sovereignly purchased their 1635 Indian treaty Concord Massachusetts Bay properties and eliminated the incorporated partnership with disavowed King Charles I who was engaged in the Civil War.
The Indians ceded all rights to George Wheeler Sr, when he purchased his 1635 Indian Treaty North Walden Pond 44 acres 1st Title Deed Land Patent with sacred Wheeler Cove Baptismal (NWP44A). Recognized Indian tribes in 1635, accommodated in U.S Constitution Supremacy Clause Article VI, “all treaties made, or which shall be made”. Indian Treaties are not to be confused with recognized Indian Tribes now. 19 February 2020, 574 Indian tribes were legally recognized by the Bureau of Indian Affairs.
George Wheeler Sr.’s heirs’ Indian Treaty, the ‘supreme Law of the Land’, NWP44A and sacred Baptismal were Unconstitutionally ‘Squatted’. In 1844 ‘Squatters’ adversely occupied 3 NWP44A land sections that were sold.
In 1920 an unknown(s) fraudulently merged the adversely occupied NWP44A with Ralph Waldo Emerson's 1845 legitimately purchased, surveyed and recorded South Walden Pond 41 acres (SWP41A). The conformational document is stored in Special Collections, Concord Free Public Library Deed.
George Wheeler's heirs' owned NWP44A and Emerson heirs' owned SWP41A properties
Theft of Wheeler heirs’ NWP44A require reversal and the Attorney General' proclamation that John Wheeler b. 1643 and 1925 widow Sarah Larkin Wheeler’s 8 children’s families' Whole-Communal descendant heirs own NWP44A, the Constitutional Law of the Land'.
Anyone or group.... who “aids, abets, causes the continued commission by another party of federal Unconstitutional Deedless Quitclaim property ownership theft of the Wheeler Heirs' Indian Treaty North Walden Pond 44 acres with sacred Wheeler Baptismal Cove.... is as punishable as the 1st another party instigator of the theft, that is, as though the anyone or group had committed the offense themselves. 119 [Federal Conspiracy Law: A Brief Overview, Updated April 3, 2020, Congressional Research Service https://crsreports.congress.gov R41223]
“Precedent refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues. Precedent is incorporated into the doctrine of stare decisis (Doctrine that courts will adhere to precedent in making their decisions. Stare decisis means “to stand by things decided” in Latin.) and requires courts to apply the law in the same manner to cases with the same facts. Some judges have stated that precedent ensures that individuals in similar situations are treated alike instead of based on a particular judge’s personal views.” [The Legal Information Institute (LII) is an independently-funded project of the Cornell Law School, who believe that everyone should be able to read and understand the laws that govern them.]
Walden Pond was a sacred lake for aboriginal and more current Native Indians and a sacred baptismal for Puritans other Massachusetts Colonists and Henry David Thoreau.
Several accurate history books and journals about the history of Concord, MA document that the cost of Concord was paid by Colonists, Purchasers and Shareholders in “wampumpeage, hatchets, hoes, knives, cotton cloth, and shirts“ and part in money and coins.
Land purchases were lawfully executed and delivered ‘by the book’. Traditionally the purchases were made under an oak called Jethro’s tree in front of the old Middlesex hotel at the southwest end of Concord square. Other purchases were conducted at Minister Peter Buckeley’s home. [History of Concord, Massachusetts Rebecca Beatrice Brooks May 2, 2017, https://historyofmassachusetts.org]
George Wheeler Sr. paid the Native Indians for his Walden Pond 44 acres. George Wheeler Sr’s 1635 Indian Treaty North Walden Pond 44 acres are a 'Native Indian Land Patent' and known in law as the '1st Title Deed', the 1st deed for 44 acres North Walden Pond to Colonists and a 'Letters Patent' and is issued to the original grantee and to their rightful-descendant-heirs and assigns forever.
Historians claimed that the Walden Pond 44 acres were initially utilized as collateral for shareholder George Wheeler Sr.’s stock in the Concord Town Corporation. The stock liens were discharged with the income George Wheeler Sr. and the other stockholders were paid regular dividends at regular intervals from Concord Corporation town’s profits as the town aggregate Corporation partnership steadily grew.