Defending and Defrauding the Indians

Jenny Hale Pulsipher
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Abstract

As Jenny Pulsipher recounts, the mid-seventeenth-century Nipmuc Indian John Wompas familiarized himself with both Native and settler concepts of land tenure, distribution, and sales, becoming adept at switching opportunistically between them in his career as a speculator and (untrustworthy) intermediary. Wompas emerged out of a world where Natives used English law to defend their land rights, while colonists deployed Indian law to deny those rights. He outstripped his contemporaries in his skill at drawing on his Native identity to obtain land, then manipulating English law to sell and record this land, and later switching to Indian norms to evade obstacles put in his way by colonial authorities. By drawing on both Native and English legal practices, Wompas aimed to make land transactions intelligible to both sides, thus increasing the chances that sales would be accepted.
保护和欺骗印第安人
正如珍妮·普尔斯弗(Jenny Pulsipher)所述,17世纪中期的尼普穆克印第安人约翰·温帕斯(John Wompas)熟悉了土著和定居者对土地所有权、分配和销售的概念,在他作为投机者和(不值得信赖的)中介的职业生涯中,他变得善于在两者之间投机地转换。Wompas诞生于一个土著使用英国法律来捍卫他们的土地权利,而殖民者则使用印度法律来否认这些权利的世界。他超越了同时代的人,他利用自己的土著身份获得土地,然后操纵英国法律出售和记录这些土地,后来又转向印度规范,以避开殖民当局给他设置的障碍。通过借鉴本土和英国的法律实践,Wompas旨在使双方都能理解土地交易,从而增加买卖被接受的机会。
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