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Full text of "Report of the commissioners relating to the condition of the Indians in Massachusetts"

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HOUSE No. 46. 






REPORT OF THE COMMISSIONERS 



RELATING TO 



THE CONDITION OF THE INDIANS 

IN MASSACHUSETTS. 

I 



[Feb. 1849.] HOUSE— No. 46. 



Commontoealti) of J»asssad)US*tt!S 






MESSAGE. 



Council Chamber, ) 

February 21, 1849. ) 

To the House of Representatives : 

I herewith communicate, for the use of the Legislature, the 
Report of the Commissioners, appointed under the Resolve of 
the Legislature, passed on the 10th of May, 1848, " to visit 
the several tribes, and parts of tribes, of Indians, remaining 
within this Commonwealth, to examine into their condition 
and circumstances, and report to the next Legislature what 
legislation, in their opinion, is necessary in order best to pro- 
mote the improvement and interests of said Indians." 

These scattered and poor remains of tribes, who were once 
the numerous and powerful occupants of our hills and valleys, 
our lakes and rivers, of which advancing civilization has dis- 
possessed them, have the strongest claims upon the government 
of the Commonwealth to do every thing in their power to pre- 
serve their existence, protect their rights, and improve their 
condition. 

I commend the subject to your consideration, with the hope 
that the Report of the Commissioners, who have given to it 
great labor and attention, will lead to such legislative provisions 
as are demanded by justice and humanity. 

GEO. N. BRIGGS. 



INDIANS. [Feb. 



©omtttimtotaltf) of fflnut>Ml)uutttn. 



'Hv9 \Extetteney, Ogorge iV. Briggs: 

^hc Commissioners, appointed by yonr Excellency, under a 
■•• ..Respire jQf.tbs Legislature, of May 10th, 1848, " to visit the 
•*!*so>VeYtfl tribes, and parts of tribes, of Indians, remaining with- 
in this Commonwealth, to examine into their condition and 
circumstances, and Report to the next Legislature, what 
legislation, in their opinion, is necessary, in order best to pro- 
mote the improvement and interests of said Indians," respect- 
fully submit the following 

REPORT : 

The duty imposed upon us by the first two clauses of the 
extract, recited from the Resolve, has proved far more laborious 
than was supposed, when its performance was commenced ; 
especially the recommendation of measures " to promote the 
improvement and interests of the Indians," requires a wisdom 
to which we dare not claim, and involves a responsibility which 
we hesitate to meet. 

Unwilling, as we should have been, to have assumed the 
task, had we been aware of its difficulties and importance, we 
have yet endeavored to carry out, to the extent of our abilities, 
the intentions of the Legislature. We have visited all the 
tribes and parts of tribes of Indians in the Commonwealth, 
except, perhaps, a few scattered over the State, who have long 
since ceased to be the wards of the State, and who are, practi- 
cally, merged in the general community. We have seen them 
in their dwellings and on their farms, in their school-houses 
and meeting-houses, have partaken of their hospitalities of bed 
and board, have become familiar with their private griefs and 
public grievances, have congratulated them upon their privi- 



1849.] HOUSE— No. 46. 5 

leges, and consulted with them on their disabilities. Encoun- 
tering, at first, not unnaturally, jealousy and distrust, we have 
found that these, almost invariably, yielded before the exhibi- 
tion of our own kind sympathies, and our assurances that the 
Commission had its origin in none but the most friendly mo- 
tives on the part of the government of the State. Reserve once 
removed, we have found them, almost without exception, com- 
municative and confiding. If we fail in making a satisfactory 
statement of their condition and wants, it will not be for want 
of opportunities of observation. 

We are tempted to turn aside from the path to which our in- 
structions point us, and enter upon a field full of materials for 
historical inquiry and antiquarian speculation. We are among 
the " stricken few" who remain of the once undisputed sover- 
eigns of the Western World. The blood of Samoset and Mas- 
sasoit runs in their veins; and the same spirit which prompted 
the " Welcome, Englishmen," which greeted the weary Pil- 
grims, and relieved their fears of Indian hostilities, has ever 
since controlled the intercourse of nearly all the tribes, of 
which they are the remnants, with the whites. 

During Philip's war, the " Praying Indians" formed a bul- 
wark between the hostile Indians and the feeble colonists ; and 
subsequently, when in their own quarrels, or as allies of a 
foreign foe, other tribes eagerly embraced the opportunity to 
take bloody vengeance for the wrongs of their race, these have, 
with more than Christian forbearance, uniformly favored their 
invaders. It might be useful to illustrate more fully this fact 
as constituting a claim for the most generous treatment by the 
State.* It would be interesting to rescue from oblivion some of 
these fast fleeting mementoes of a people, soon to become ex- 
tinct. We must leave, to the historian and the antiquary, what 
is not strictly within our province. 

The names of the different tiibes in the State are as follows : 
Chappequiddic, Christiantown, Gay Head, Fall River or Troy, 
Marshpee, Herring Pond, Grafton or Hassanamisco, Dudley, 
Punkapog, Natick, and Yarmouth. 

The whole number of Indians, and people of color, connected 
with them, not including Natick, is 847. There are but six or 

* See Appendix F. 



INDIANS. 



[Feb. 



eight Indians, of pure blood, in the State ; one or two at Gay 
Head, one at Punkapog, and three, perhaps four, at Marshpee. 
All the rest are of mixed blood ; mostly of Indian and African. 
This fact, of the admixture of African blood, usually predom- 
inating, in amount, over the Indian, is the only one common to 
all the different tribes; beyond that, the condition and circum- 
stances of each are so peculiar as to require separate considera- 
tion. — In giving the statistics, we have, in all cases, taken all 
known to belong to each tribe, respectively, and supposed to 
be living, who may, if they should return, be entitled to what- 
ever privileges and immunities belong to this people. — Under 
the head of foreigners, we include all, one or both of whose 
parents are not of Indian blood. 

The Chappequiddic Tribe. 

This tribe occupies a part of the small island of the same 
name, being a part of Martha's Vineyard, and separated from 
Edgartown by a narrow arm of the sea, which forms the har- 
bor of that town. Their territory comprises 692 acres. It is 
on a bleak exposure, and the soil is barren, and yields a pre- 
carious subsistence to the most unremitting industry. The lo- 
cation appears to be remarkably health)'', not an individual, at 
the time of our visit, being confined, by either chronic or acute 
disease. The whole number of the tribe is 85.* In 1828, the 
number of the tribe was 110. 



Males, 


43 


Females, 


42 


Natives, 


75 


Foreigners, 
Under 5 years. 
From 5 to 10, 


10 

11 

3 


" 10 to 21, 


19 


" 21 to 50, 


39 


" 50 to 70, 


10 


Over 70, 


3 



The ages of the three oldest are 71, 82, and 94, all natives. 

* For names, sec Appendix, A. 



1849.] HOUSE— No. 46. 7 

The Chappequiddics depend for subsistence entirely, with 
the exception of those who go to sea, and of some few women 
who go out to service, upon agriculture. They are generally 
very industrious, securing, by economy and hard labor, a com- 
fortable living, and some few adding, from year to year, to 
their little property, generally in the way of improvements of 
their lands. A few realize considerable sums in the summer 
from the sale of blackberries to the people of Nantucket. 

Under the judicious oversight and counsels of their guardian, 
Hon. Leavitt Thaxter, they are far in advance of any other 
tribe in the State, in improvements in agriculture, and, indeed, 
in the arts and even elegancies of social and domestic life. 
Twenty years ago, they were preeminently a degraded people, 
unchaste, intemperate, and, by consequence, improvident ; now 
they are chaste, not a case of illegitimacy, so far as we could 
learn, existing among them; temperate, comparing, in this 
respect, most favorably with the same population, in the same 
condition of life, in any part of the State, and comfortable, not 
inferior, in dress, manners, and intelligence, to their white 
neighbors. These favorable changes, they attribute partly to 
the division of their lands under the act of 1828, each occu- 
pant now holding his land in fee, and not liable to be dispos- 
sessed at the pleasure of the guardian, as under the old law, 
but mainly to the salutary influence exerted over them by their 
guardian. The result has been, new incentives to industry 
and economy, arising from an assurance of their rewards, and 
a love of approbation, and self-respect, which are at once the 
fruits and the guarantees of progress. Nearly all live in good 
framed houses, most of them comfortably furnished, and many 
of them with their " spare room" handsomely carpeted, and 
adorned with pictures and curiosities collected in the eastern 
and southern seas. Each family owns and improves from 5 to 
30 or 40 acres. Generally they are tolerably well supplied 
with agricultural implements, and nearly all who live by agri- 
culture have one or more yoke of oxen. The stock of the tribe 
is as follows : — 1 horse, 31 horned cattle, 39 swine, 161 fowls, 
and 12 sheep. The value of estates, at their own estimates, 
varies from 200 to 1,000 dollars. Perhaps about half of the 



8 INDIANS. [Feb. 

land owners are in debt from 10 to 100 dollars, generally expect- 
ing to pay during the year. — Previous to 1828, the lands were 
all in common, the law of February 27, 1810, having provided 
that the commissioners appointed under that act should make a 
division which should continue ten years, and authorizing the 
guardian, at the expiration of that time, to make a new divis- 
ion. The commissioners, appointed under the act of March 
10th, 1828, made a permanent division of the whole territory, 
dividing 487 acres among 17 families, and reserving 205 acres 
for public purposes, and for apportionment to any members of 
the tribe then absent who might afterwards claim a share. 
This division, though it was, of course, impossible to make it 
universally satisfactory, seems to have been made as wisely 
and fairly, as, under the circumstances, could be done. — The 
annual public income is about eight dollars, arising from the 
rents of the common lands, and applied to the support of the 
poor. There are now two paupers, who receive aid from the 
State, amounting, for the present year, to 128 dollars. We have 
no means of ascertaining the whole amount appropriated by the 
State to this tribe, as the guardian's account embraces also the 
appropriations to the Christiantown tribe. Both amounts will 
be stated when we come to speak of that tribe. Beyond the 
aid furnished, as above stated, by the State, the poor are assist- 
ed, so far as needed, in addition to the small sum received from 
the rent of the public lands, by voluntary contribution. As 
races, they have acquired, in the long school of oppression and 
proscription, a ready sympathy for individual suffering. In 
the language of Mr. Thaxter, " They are kind and considerate 
to each other in sickness and poverty."* 

They have a school, taught by a female, for three or four 
months each year. When we visited them, the school was 
closed, so that we cannot speak particularly of its condition. 
They receive from the State about forty-six dollars annually, 
being thirty dollars from the school fund, under the act of April 
18th, 1848, and one quarter of the income of 1,200 dollars of 
the surplus fund, under the act of March 21, 1837. This con- 
stitutes their whole means of support for the school, being 

* Appendix B. 



1849.] HOUSE— No. 46. 9 

really unable to increase the amount by voluntary subscription. 
The whole number, between the ages of 4 and 16, is 15. With 
so small a school, and such limited means, their educational 
privileges must be of comparatively very little value. — They 
have no preaching or religious teaching of any kind. They 
raise no money themselves for the support of the Gospel, and 
receive none from the State, or from benevolent societies. For- 
merly, they received, from the President and Fellows of Harvard 
College, who are trustees of the "Williams Fund," a portion 
of the income of that fund. For reasons to which we shall refer 
more particularly when we come to speak of the Gay Head 
tribe, they have received, for several years past, nothing from 
that source. They are allowed to attend meeting, occupying a 
"respectful" position in the meeting-house of the whites on the 
adjoining territory. 

Litigation is almost unknown. Probably in no part of the 
State, embracing an equal population, are there fewer difficul- 
ties resulting in a necessity for legal adjudication. At this mo- 
ment, a difficulty in relation to a cranberry meadow exists, 
which will, however, undoubtedly be adjusted by the guardian. 
This fact, especially, considering the imperfect definition of 
their legal rights, is very creditable. They rarely commit 
offences, and they have learned patience under grievances. 

The Chappequiddic tribe is governed by the act of March 
10, 1828. As the same act applies to the Christiantown tribe, 
we reserve an examination of its provisions as applicable to 
both tribes. 

Although litigation is rare, still, owing to supposed imperfec- 
tions in the -division of their lands in 1828, and to the illy 
defined position and maintenance of their legal rights against 
their white neighbors, there are difficulties among them, oc- 
casioning social alienations among themselves, and more or 
less of bitterness towards their neighbors. Difficult of adjust- 
ment as these are, — impossible of adjustment, indeed, as that 
class is which grows out of the prosperity due to the superior 
intelligence and thrift of a portion of the tribe, they are still 
such as to require legislative attention, and to justify, from a 
2 



10 INDIANS. [Feb. 

good hope of the practicability of remedy, legislative inter- 
ference. 

The difficulties among themselves relate principally to the 
peat lands, the cranberry patch, and the fences. A portion of 
the peat lands are still held in common, and the arrangement 
is, that those, whose territory, under the division of 1828, did 
not include a portion of peat lands, might cut peat from the 
common lands, according to a particular rule. This arrange- 
ment almost necessarily leads to difficulty, and we concur with 
the guardian in the opinion, that it is desirable that these com- 
mon lands should be wholly and finally divided."* 

The circumstances relative to the cranberry patch are fully 
stated by Mr. Thaxter. We agree with him in regard to the 
position of this dispute as a matter of equity, if not of law. 
But as there is some little ambiguity in the language of the 
Commissioners, and as the difficulty arises less from the value 
of the matter at issue, than from a propensity, in a few of the 
proprietors, to stickle for supposed legal rights, we endorse his 
suggestion that the conflicting claims should be settled by ex- 
press enactment. 

The Indians have as yet been, and still are, unable to fence, 
respectively, their allotments. They are obliged to pasture their 
cattle in the tethering rope. Farmers will readily understand 
the serious inconvenience of this necessity, and other troubles 
arising from the absence offences. 

By the act of January 26, 1789, the object of which was to 
provide for the division of the territory of the Island of Chap- 
pequiddic, " between the patentees and other purchasers, and 
the Indians on the said Island," the division line between the 
whites and Indians was defined, and it was declared that the 
"said patentees and other purchasers shall be at the sole and 
whole charge and expense of making, maintaining, and repair- 
ing the said divisional fence, and fences, any law to the con- 
trary notwithstanding." Additional acts, more clearly defining 
and enforcing this obligation, were passed June 19, 1790, and 
June 16, 1796; and, by the act of March 2, 1829, "the 
guardian is authorized to compel the patentees and other pur- 

* See Appendix B. 



1849.] HOUSE— No. 46. 11 

chasers of lands on said Island, or their heirs, to make and 
maintain the divisional fence, commonly called the Indian line 
fence." It seems to us that this obligation cannot be legally 
evaded. The guardian, however, entertains some doubt about 
it, and has not yet thought best to attempt to enforce the law. 
The fence is now in a very bad state, and the crops of the In- 
dians are constantly in danger from the cattle of the whites. 
Gradual encroachment upon the territory and the rights of the 
Indian, — the immemorial law, — has lost none of its prescriptive 
strength. No opportunity for its enforcement is still allowed to 
pass unimproved. The whole Island, say the Indians, be- 
longed to their fathers. A large portion of it has been wrested 
from them, sometimes it may be, with the show, seldom with 
the reality, of an adequate consideration. By the act of 1789, 
the white man received the lion's share. They feel that they 
have the right to expect protection in the enjoyment of the few 
acres left to them. Whether additional legislation is necessary 
or not, the white proprietors ought to be compelled, as they 
have received the benefits, to fulfil the obligations, of the act 
of 1789. 

There is a tract of common land, covered, many years ago. 
with valuable wood, now almost entirely worthless. It is un- 
fenced, and, since the wood was cut off, the cattle belonging to 
the whites browse upon the young shoots, and prevent their 
growth. It is hardly worth enclosing, and the sooner it is sold 
for the benefit of the tribe, or divided among them, the better. 
We believe provision now exists for dividing this land. 

There is also some complaint of the want of well-defined 
highways. Not unfrequently, if a "shorter cut" to a point of 
destination lies across a piece of cultivated land, drivers, par- 
ticularly white men, do not hesitate to take it. In the case of 
one or two tracts, this is a matter of serious inconvenience. — 
The Indians also complain, that the whole of the highway, 
from the landing opposite Edgartown, and surrounding their 
territory, is on their side of the line fence, thus depriving them 
of several acres of their territory, and preventing the fencing 
of their allotments, without crossing the highway ; whereas 
they claim, and justly as it seems to us. that one half, at least, 



12 INDIANS. [Feb. 

of the highway, should be on the land of the white men. and 
that it should be fenced on both sides. 

Our inquiries here, as well as elsewhere, were directed par- 
ticularly to the question, whether they desire a removal of the 
guardianship, and the enjoyment of the privileges, with the 
liabilities of citizenship. A very few of the male adults, per- 
haps only one, wished the removal of the guardianship. Prob- 
ably a majority consider, that, as far as themselves individually 
are concerned, they are able to take care of themselves; but wish, 
if the guardianship should be abolished, that a counsellor might 
be appointed to advise them in difficulty, and assist them to 
improvement, say for five or ten years, until they felt entirely 
capable of self-control. Upon the whole, however, they are of 
opinion, that it will be better for them, as a whole, to remain 
as they are. A few are now voters, being taxed for lands, 
which they own in Edgartown. As a general thing, they feel 
no inclination to enjoy the privilege of voting, and incur the 
liability to taxation. No portion of the Indians of the Com- 
monwealth are so well prepared to exercise the elective fran- 
chise as the Chappequiddics. Still, we have been compelled to 
abandon the hope we had cherished, that we might recommend 
a removal of their civil disabilities, and to express our decided 
conviction that, in the present state of the tribe, and of public 
opinion, it is best they should remain as they are. Where 
shall they go? Few towns are willing to receive them, with 
the liability to support their paupers. Why should they go? 
The elective franchise is a barren privilege, unless it carries 
with it, not merely constitutional and legal, but practical eligi- 
bility to office. When the social disabilities resting upon a 
conquered and servile race are removed, the elective franchise 
may be a blessing worth coveting. While those exist, it cannot 
even be appreciated by an oppressed and proscribed people, still 
less desired. 

Christianiown Tribe. 

The territory of the Christiantown Indians lies on the north- 
western side of the Vineyard, bordering on the Vineyard sound, 
and comprises 390 acres. The soil is what farmers call hard 



1849.] 



HOUSE— No. 46. 



13 



and strong, difficult of cultivation, but yielding, to persevering 
industry, remunerating returns. The location appears to be a 
healthy one; still, a comparatively large number have recently 
died, and, at the time of our visit, several were sick, of both 
chronic and acute diseases. The whole number of the tribe is 
49.* I 



$28, the number oj 


r the 


tribe was 4S. 




Families, 




# 


11 


Males, . 




, 


26 


Females, 




. 


23 


Natives. 




. 


45 


Foreigners, 




, 


4 


Under 5 years, 




. 


5 


From 5 to 10, . 




. 


7 


" 10 to 20, . 




. 


5 


" 21 to 50, . 




. 


25 


" 50 to 70, . 




. 


6 


Over 70, 




. 


1, 


At sea. 




. 


9 



aged 72. 



The pursuits of this tribe are agricultural, with the ex- 
ception of those who follow the sea. — A general remark may 
here be made, applicable to all the tribes, that those who 
go to sea are less thrifty, and more improvident, than those 
who depend upon agriculture for support. — Their condition 
is very similar to that of the Chappequiddics, though behind 
them in intelligence, social condition, and domestic comforts. 
This is, probably, to a great extent, owing to their distance 
from the guardian, Mr. Thaxter, being some 12 miles, which 
renders so constant a supervision impossible, and to their iso- 
lated situation, deprived of the elevating influences which the 
vicinity of Edgartown imparts to the Chappequiddics. This 
isolation is not, however, without its advantages, as the temp- 
tations to unchastity and intemperance are less. — Their stock 
consists of 2 horses, 17 horned cattle, 11 swine, and 56 fowls. 
Usually, they live in comfortable houses ; their whole territory, 
as well as each individual allotment, is fenced, generally with 



* For names, see Appendix A. 



14 INDIANS. [Feb. 

a substantial stone wall. The lands are held by the same ten- 
ure as at Chappequiddic, 350 acres being owned in severalty, 
and 40 acres still held in common. The common lands con- 
tain valuable wood. The only source of public income is the 
sale of wood from common land?, from which seven or eight 
dollars are realized annually. This is appropriated to the sup- 
port of the poor. 

They have now no paupers, and receive no aid from the 
State. They receive the same amount from the State for schools 
as the Chappequiddic tribe, forty-six dollars, and the remarks, 
in relation to the school at Chappequiddic, will apply to these. 
They have no preaching, or religious teaching, the fund for- 
merly appropriated to them being withheld for reasons before 
alluded to, to be dwelt upon more fully hereafter. Litigation 
is unknown; they have no grievances for which they ask re- 
dress. They are a quiet, peaceable people. They are satisfied 
with the guardianship system, and have no desire to enjoy the 
privileges of citizenship. The saddest feature in their case is. 
that they are too well contented in their condition of ignorance 
and disfranchisement. 

Occasionally, an individual was found, who writhed under 
the crushing weight of civil and social disability. We have, 
among our notes, the case of one young man, of 22 years, be- 
longing to a family of nine children, six older than himself, all 
of whom had died in the pride of early manhood and woman- 
hood, except one, and that one helpless and blind, in conse- 
quence, undoubtedly, of ill treatment at sea. This young man 
had been one of the best seamen who sailed from the South 
Shore, and had risen to be second mate ; but had come home 
discouraged, disheartened, with ambition quenched, and now 
feeds the moodiness of a crushed spirit, by moping amid the 
graves of his kindred, soon, we fear, to lie down with them, 
"where the wicked cease from troubling, and the weary are at 
rest, where the oppressed sleep together, hearing not the voice 
of the oppressor." We tried to awaken him to effort and en- 
terprise, but found it a hopeless task. "Why should I try?" 
he asked in bitterness. " The prejudice against our color keeps 
us down. I may be a first rate navigator, and as good a sea- 



1849.] HOUSE— No. 46. 15 

man as ever walked a deck ;" (and Mr. Thaxter assured us 
such was his reputation ;) "but I am doomed to live and die 
before the mast. I might get to be second, first mate, and, 
when at sea, I should be treated as such, because I deserved it ; 
but the moment we fall in company with other vessels, or arrive 
in port, and our captain invites other captains and mates to dine, 
I am banished from the cabin to the forecastle. Why should I 
try ?" We could not answer him, for we felt that we could not 
pluck from his heart that "rooted sorrow." 

The Indians of Chappequiddic and Christiantown are under 
the law of 1S28, and under the guardian appointed under that 
act. — The division of the lands, under this act, has, undoubt- 
edly, operated to improve their condition. A portion was then 
given to all natives, not under 21 years of age. Questions, 
growing out of the necessity of dividing the property of de- 
ceased persons among heirs, are arising, and puzzle the guar- 
dian and legal gentlemen. What is the law of descent? For- 
tunately, owing to the singularly unselfish disposition of the In- 
dians, these questions have not yet become very complicated. 
In about all cases of the death of original proprietors, the lands 
remain undivided, or the heirs have made friendly partition 
among themselves. It is hardly possible, however, that diffi- 
culties will not, before long, be presented to the guardian, which 
will render legislative interference necessary. 

In common with all the Indians in the State, they are civilly 
and politically disfranchised. For municipal purposes, if the 
anomalous meetings, which they are allowed by the act to hold, 
are entitled to the name of municipal, they can vote, and choose 
certain officers; but, as citizens of the State and the Union, 
ihey are totally disfranchised. They are required, by the act, 
to meet in the month of March, or April, at which meeting, it 
is the duty of the guardian to preside ; in case of his unavoid- 
able absence, they may choose a moderator ; and then they 
"may choose a clerk, two overseers, constable, field-driver, 
pound-keeper, and other town officers." "It shall be the duty 
of said constable to carry into execution the laws of the Com- 
monwealth, within the territory of said Indians and people of 
color." It will be seen, that the terms of the act leave it op- 



16 INDIANS. [Feb. 

tional with the Indians to choose these officers, or not, as they 
please. Usually, perhaps uniformly, they have gone through 
the process ; but the officers are merely nominal ; the legal con- 
dition of this people being so anomalous, and so imperfectly de- 
fined, that we believe no attempt has ever been made to enforce 
municipal regulations. These meetings answer a good purpose, 
as affording an opportunity for mutual consultation, and advice 
from their guardian ; beyond this, they cannot go. The rights 
of woman are fully recognized, the females taking the same 
liberty of speech, and, when unmarried or in the absence of 
their husbands, enjoying the same right of voting with the men. — 
They cannot sue, or be sued, or be held to any contract, 
without consent of the guardian previously given ; cannot re- 
ceive wages for any voyage, if payment be forbidden by the 
guardian ; may be sent to sea as u habitual drunkards, vaga- 
bonds, and idlers," and the wages withheld by the guardian, 
and cannot, under any circumstances, alienate their lands, or 
any portion of them. These restrictions, particularly the lat- 
ter, securing " the inalienability of the homestead," and others, 
too numerous to mention, may mostly be necessary ; still, in 
the hands of a guardian, disposed to abuse such powers, they 
might become insupportably oppressive to the Indians. 

But the third article of section fourth is perfectly atrocious, 
and ought at once to be expunged. The material parts of this 
article, enumerating the powers and duties of the guardian, are 
as follows : " To punish, by fine, not exceeding twenty dollars, 
or by solitary imprisonment, not exceeding twenty days, any 
trespasses, batteries, larcenies under five dollars, gross lewd- 
ness, and lascivious behavior, and disorderly and riotous con- 
duct, &c. And said guardian, or other justice of the peace, 
may issue his warrant, directed to the constable of said Indians 
and people of color, or other proper officer, to arrest, and bring 
before him, any offender against the provision of this act; and, 
after judgment, he may order execution to be done by said consta- 
ble, or other proper officer. And if said guardian, or other justice 
of the peace, shall adjudge any offender to solitary imprison- 
ment, such offender shall not, during" the term of said imprison- 
ment, be visited by, or allowed to speak with, any person other 



1849.] 



HOUSE— No. 46. 



17 



than the jailer or said guardian or justice of the peace, or such 
other person as said guardian or justice of the peace shall 
specially authorize thereto. Nor shall such offender be allowed 
any food or drink, other than coarse bread and water, unless 
sickness shall, in the opinion of a physician, render other sus- 
tenance necessary." But no physician can visit or speak with 
the prisoner, unless " specially authorized thereto" by the guar- 
dian, so that this furnishes not the slightest check upon one, 
not merely the guardian, but any Justice Shallow, who, for 
hire or personal malice, may be disposed to abuse this mon- 
strous power. The article goes on to provide very gravely 
and magnanimously, "said guardian, or other justice of the 
peace, shall keep a fair record of his proceedings;" ("fair" 
probably means, in legible chirography,) " and any person, ag- 
grieved at the sentence given against him by said guardian, or 
other justice of the peace, may appeal therefrom to the next 
court of common pleas, to be holden in said county," &c. The 
right of appeal, for reasons which will at once occur, when re- 
flecting upon the circumstances of these poor Indians, is entirely 
nominal. It needs no explanation, illustration or argument, to 
show the character of these provisions; and though there is 
little danger that they ever will be abused, to the extent of 
which they are capable, still, they confer an irresponsible and 
summary exercise of power, which cannot safely be entrusted 
to any man. They were unnecessary at the time of their enact- 
ment, and have never, so far as we could learn, been enforced ; 
and should no longer be allowed to deface our statute books, 
and disgrace the Commonwealth. 

The amounts appropriated to these two tribes, for the last 
six years, are as follows : — 



1843, 


$156 00 


1844, 


211 50 


1845, 


99 90 


1846, 


128 00 


1847, 


172 85 


1848, 


221 24 


Salary of Guardian, 


900 00 



Total, 



$1889 49 



18 



INDIANS. 



[Feb. 



The Gay Head Tribe. 

This tribe occupies a peninsula, forming the extreme west- 
ern part of the Vineyard,* and connected with the rest of the 
island by a narrow isthmus, a few rods wide, called Stone Wall 
Beach. A small part of the eastern portion of the peninsula is 
occupied by whites. The Indian territory is, however, almost 
perfectly isolated, being bounded on three sides by the sea, and 
on the fourth, touching the land of the whites only by the nar- 
row neck lying between Squipnocket and Menemsha Ponds. 

The whole territory comprises 2400 acres. Of this, 500 acres 
are owned in severalty, and 1900 acres still held in corrtmon. 
The whole number of the tribe is 174. f 



Families, 


38 


Males, 


81 


Females, 


90 


Unknown, 


3 


Foreigners. 


12 


Natives, k . 


162 


Under 5 years, 


36 


From 5 to 10, 


25 


" 10 to 21, 


16 


" 21 to 50, 


77 


" 50 to 70, 


14 


Over 70, \ 


3 


le ages of these three are ^3 ; 7 


'5, and 96. 


At sea, 


10 


le nroDortioii of foreigners anc 


of sea-farine me 



this tribe, than in any other. Twelve of the 162 classed as na- 
tives are from Marshpee, Christiantown, and Chappequiddic, 
but have gained a settlement here by intermarriage. 

The pursuits of this tribe are agricultural, with the usual ex- 



* The promontory, from which the peninsula takes its name, is formed by lofty clay 
cliffs, and the brilliant appearance which the variegated colors of these clays reflect to 
the western sun, has given to the promontory its appropriate name, Gay Head. 

t See Appendix, A. 



1849.] HOUSE— No. 46. 19 

ception of sea-faring men ; and of those even, the families usual- 
ly own and occupy land, to which they look for partial sup- 
port, and upon which the head of the family almost invariably 
settles for life, after following the sea for a few years. Upon 
the whole, their condition, as to the arts and comforts of social 
and domestic life, is inferior to that of the two tribes considered, 
though there are several families whose condition will compare 
favorably with any tribe in the State. Asa general thing, they 
are industrious, provident, temperate and chaste. But three 
cases of illegitimacy are known to exist. 

Generally, they live in framed houses, perhaps a majority 
having barns. Some of their buildings are of split stone. A 
number of families live in huts or hovels, some few in squalid 
poverty. Their stock, as they stated to us, consists of 15 horses, 
132 horned cattle, 57 swine, and 242 fowls. Not improbably 
the horned cattle may be slightly overstated, as some few may 
have called cattle their own, which they pasture " on shares." 
Their territory is separated from that of the whites, by a rail 
fence, and the separate lots are fenced, usually safely. Almost 
the only articles cultivated, are Indian corn, with occasionally 
other grain, and potatoes. In this respect, they are far behind 
the Christiantown and Chappequiddic tribes, who are getting 
to appreciate the luxury of " sauce gardens." Most of them 
are in debt in sums from 10 to 400 or 500 dollars. Generally, 
they expected to pay these sums, in the autumn, from the pro- 
ceeds of the sale of fatted cattle. Some of them will shelter 
themselves behind the exemption which the law provides. To 
the credit of the tribe, however, it should be said, that this 
number is small, and confined almost entirely to those who, by 
intercourse with the whites at sea and elsewhere, have con- 
tracted vicious and improvident habits. Each family has ap- 
propriated lands, varying in amount from half an acre to a 
hundred acres, and valued with improvements, at their own es- 
timates, from 100 to 1500 dollars. The territory embraces al- 
most every variety of soil ; a portion of the land is of the very 
best quality, and capable, under good culture, of producing 
most abundant harvests. 

The legal condition of this tribe is singularly anomalous. 



20 INDIANS. [Feb. 

By the act of June 25, 1811, the governor was authorized to 
appoint "three proper persons, to be guardians to the Indian, 
mulatto, and negro proprietors of Gay Head." which guardi- 
ans, in addition to the usual powers given to guardians, in such 
cases, were " empowered to take into their possession, the lands 
of said Indians, &c, and allot to the several Indians, &c, such 
parts of said lands, as should be sufficient for their improvement, 
from time to time ;" and the act further provides for the discon- 
tinuance or removal of the guardians, at the discretion of the 
governor and council. Under this act, three guardians were 
appointed, and, in 1814, a new appointment was made; since 
that time, no new appointment has been made. The Indians 
became dissatisfied with their guardians, who resigned, and 
the guardianship has disappeared. The act of 1828 provided, 
that " whenever the Indians and people of color, at Gay Head, 
shall, by a vote in town meeting, accept this act, and shall 
transmit to his excellency, the governor, an attested copy of 
said vote, then his excellency may authorize said guardian to 
act as guardian, &c, at Gay Head, and may, upon their re- 
quest, appoint suitable persons to divide their lands." The 
Indians, cherishing no very favorable recollections of the guar- 
dianship system, have never accepted the act. 

For about thirty years, they have been without any guardi- 
an, and the division of their lands, and indeed the whole ar- 
rangements of their affairs, except of the school money, have 
been left to themselves.* None of the lands are held, as far as 
we could learn, by any title, depending for its validity upon 
statute law. The primitive title, possession, to which has been 
added, inclosure, is the only title recognized or required. The 
rule has been, that any native could, at any time, appropriate 
to his own use such portion of the unimproved common land, 
as he wished, and, as soon as he enclosed it, with a fence, of 
however frail structure, it belonged to him and his heirs forever. 
That rule still exists. A young man arrives at maturity, and 
wishes for a home for a prospective family, or a shelter when 

* Whenever difficulties occur, they apply to Mr. Thaxter, who, though not sustaining 
to them the legal relation of guardian, is looked to as counsellor and friend, and who has 
usually been successful in adjusting all difficulties. 



1849.] HOUSE— No. 46. 21 

he returns from sea ; he encloses half an acre, five acres, or ten 
acres, as the case may be, and he has acquired a fee in the es- 
tate ; and the most singular and most creditable fact, in connec- 
tion with this, is, that, while one proprietor has but half an acre, 
and another has over a hundred acres, there is no heart- 
burning, no feeling that the latter has more than his share. " I 
have all I want," says the former, and he is content. This 
state of things is as happy as it is peculiar; how long it can 
continue, is a problem yet to be solved. 

As a part of this primitive system, almost realizing the wild- 
est dreams of the communists, we may here refer to the sale of 
their clay, and the picking of their cranberries. The clay from 
the cliffs is of very fine quality, and valuable for various pur- 
poses. A vessel comes for a cargo of clay ; notice is immediate- 
ly given to the whole tribe, and, on a day fixed, all who please, 
repair to the beach — men, women, and children, above a certain 
age, two women, or two children, drawing the same pay as one 
man. A bargain is made by agents appointed for the purpose ; 
all assist in the work of digging and loading, and, at the close, 
the money is equitably divided. Last year, they sold only 
about 80 tons ; usually, they sell from 150 to 300 tons annually, 
at prices varying from $2 75, to $3 00 per ton. The wages of 
a man are usually about §1 25 per day, receiving nothing for 
the clay. — So, also, in relation to the cranberry picking. When 
the berries are in the proper state to be picked, notice is given 
to the whole tribe, and, on a certain day, all who wish, go and 
pick all they can, each being entitled to the gathering of the 
day. The yearly produce varies from 150 to 300 bushels, worth 
from $1 25 to $3 00 per bushel. These two sources of indi- 
vidual income are of great value to the tribe. 

The public income is derived from pasturing, on the common 
lands, cattle sent from the Vineyard and the main. The in- 
come from this source, is about $235 per year, and is appro- 
priated," under the direction of a committee, to public pur- 
poses, mainly to the support of the poor. 

Applications for assistance from the State are rarely made. 
For the last six years, only ninety dollars and thirty-seven cents 
have been appropriated by the State for all purposes. — Some 



22 INDIANS. [Feb. 

years since, an appropriation was made by the State, for the 
erection of a wind-mill, and the result has been of singular ben- 
efit to the tribe. They are now relieved from the necessity of 
going to Chilmark, " to mill," and thus saved from frequent ex- 
posure to temptations to intemperance and extravagance. — They 
receive sixty dollars per year, under the act of April 13, 1838, 
which comes to them through Smith Mayhew, Esq., of Chil- 
mark, and is appropriated under his direction, and thirty dol- 
lars, as their portion of the surplus fund. These two amounts 
constitute their school fund. The school has a male teacher in 
the winter, and a female in the summer, and is kept, usually, 
about five months each year. During the past summer, it was 
taught by Mrs. Mary James, a native. The number present, 
when we visited it, was 23; 10 boys, and 13 girls. 19 boys 
and 24 girls had attended, more or less, during the summer. 
The whole number in the tribe, between the ages of 4 and 16, 
is 52. The wages of the present teacher is $1 50 per week, 
she boarding herself. The appearance of the school was un- 
promising in the extreme. The children, generally, appeared 
bright, intelligent, and of active minds, but almost necessarily, 
from the difficulty of securing good teachers, they receive but 
little aid in the development of their powers. They are poorly 
supplied with books, particularly with writing-books. A few 
dollars' worth of the books of some of the new systems of pen- 
manship, which have been supplanted by a newer system, and 
now lumber the back rooms of the book-stores, would be of 
great value to them. The great difficulty with this school, and 
with all the Indian schools, is, they are isolated. They are 
not under the supervision of the committee of any town, form 
no part of our common school system, and receive none of the 
impulses, which example and emulation impart to other schools. 
Remove, from the schools of any town in the Commonwealth, 
the influences which they receive as a part of the system, and 
how long would it be, before they would be sunk to the level of 
these Indian schools'? 

The tribe have no regular preaching. They raise from 30 to 
50 dollars annually, by voluntary subscription, for the support 
of the Gospel. They are a moral and religiously inclined peo- 



1849.] HOUSE— No. 46. 23 

pie, and regret their deprivation of religious privileges. Until 
within a few years, the Indians of the Vineyard received one- 
third of the income of the "Williams Fund," and about the 
same amount from the Society for Propagating the Gospel 
among the Indians, the minister dividing his services among 
the three tribes. A difficulty occurring, in regard to their last 
minister, (without the slightest blame, we are satisfied, from a 
full acquaintance with the facts, on the part of the Indians,) the 
appropriations have since been withheld. We trust, upon a 
knowledge of the circumstances of the case, the appropria- 
tions will be renewed. — The Gay Head Indians are a quiet, 
peaceable, contented people. There are among them too many 
ignorant, degraded and vicious; but there are, also, particu- 
larly among the foreigners, some of the most intelligent men 
we have found. — Litigation is unknown; difficulties of any 
kind rarely occur. They do not know, and they do not want 
to know, under what law they live. They only know, that 
11 while they behave well, they get along well enough." — They 
are jealous of the whites, and with too good reason. They 
will allow no white man to obtain foothold upon their territory. 
They have steadily refused to lease to white applicants a foot 
of land, for the erection of works for the manufacture of clay 
into the various articles which it is capable of making, though 
tempting pecuniary advantages have been held out to induce 
them to make only some temporary arrangement. They feel 
their political and civil disabilities; they feel that they are 
under the ban of an unrelenting social proscription : but they 
see no exodus from this bondage: and they only ask to be let 
alone, and not, by ill-advised legislation, to be constantly 
reminded of their vassalage. 

If there is a promising missionary field in the world, we be- 
lieve Gay Head is that field. Of certain kinds of religious 
teaching, they seem to have had quite enough. But the 
teacher who goes to them in the Spirit of his Divine Master, 
and of the early Christians, imitating the example of Him 
11 who went about doing good" to the bodies as well as the 
souls of men, feeling that he has reason for gratitude to our 
Father in Heaven, not alone because he " forgiveth all our 



24 INDIANS. [Feb. 

iniquities," but, also, because he " healeth all our diseases," 
who will illustrate, in his daily life, the best mode of training 
body, mind and heart, and who will devote himself to an intel- 
ligent enforcement of the means of physical and spiritual im- 
provement; such an one, — he need not be a great man, — would 
reap a reward to gladden a philanthropic and Christian heart. 
The cost of supporting a missionary in the other hemisphere, 
for a single year, would nearly support one at Gay Head for 
life. - 

We do not see that legislation can do any thing, immediately 
and directly, to improve the condition of the Indians [at Gay 
Head. Whenever public sentiment shall have removed the so- 
cial disabilities growing out of the unjust and unnatural pre- 
judice against color, civil and political enfranchisement will 
follow, as a matter of course. Whatever recommendations we 
may make, will be intended to form the first step to a consum- 
mation so devoutly to be wished. The conqueror and the op- 
pressor, with his heel upon the neck of his victims, should deal 
gently with their degradation.* 

The Marshpee Tribe. 

The territory of this tribe is bounded on the north, by Sand- 
wich, east, by Barnstable, south, by the Yineyard Sound, and 
west, by Falmouth. 

The whole territory consists of about 13,000 acres, of which 
about 11,000 acres are owned in severalty, and 2,000 held in com- 
mon. The whole number of the tribe is 305.f 



Families, 


57 


Males, . 


154 


Females, 


151 


Natives, . 


279 


Foreigners, 


26 


Under 5 years, . 


57 


From 5 to 10, . 


32 


" 10 to 21, . 


56 


* See Appendix G. t A] 


spend ix A. 



1849.] HOUSE— No. 46. 25 

From21to50, . . .103 

" 50 to 70, . . . 48 

Over 70, . . 9 

Ages, 70, 73, 75, 77, 83, 85, S7, 104, 107. 

At sea, ... 30 

The pursuits of this tribe, with the usual exceptions, are ex- 
clusively agricultural. The soil is various, but each allotment 
usually contains enough of good soil to yield comfortable sup- 
port to industry and good management. The only articles 
produced are potatoes and the different grains, most of the 
families raising enough potatoes for their own use, and from 
ten to seventy or eighty bushels of corn annually. The larger 
portion of the tribe secure a tolerably comfortable living; 
quite a number are poor and improvident, ekeing out a scanty 
support by begging. They are behind the tribes already con- 
sidered in the social arts and domestic comforts ; none reaching 
the condition of the best, very many falling below the worst. 
The majority live in comfortable framed houses, while many 
still occupy huts and hovels, amidst filth and degradation. As 
to chastity and temperance too, they are behind the other 
tribes, though the uniform testimony is, that in both these re- 
spects, particularly in regard to temperance, there have been 
very great improvements during the last 15 or 20 years. The 
cases of illegitimacy, known now to exist, are 11. There is 
great deficiency of self-respect and of love of approbation, (with 
many laudable exceptions,) and, as a necessary result, of those 
high aspirations and aims, so essential to progress.* 

Their stock consists of 16 horses, 76 horned cattle, 43 swine, 
554 fowls, and 19 sheep. 

The legal condition of this tribe is peculiar. We do not pro- 
pose to enter into an examination of the circumstances which 
led to the passage of the act of March 31, 1834, establishing the 
district of Marshpee. Those circumstances are still compara- 
tively fresh in the minds of all who were at the time interested 
in them, and the facts connected with them are matters of fall 
record. The animosities leading to, attending and resulting 
from, that controversy, have hardly yet died out ; as far as pos- 
sible, we would avoid reviving them. That act conferred upon, 

* Appendix C. 

4 



26 INDIANS. [Feb. 

or recognized in, the proprietors of Marshpee, certain municipal 
rights, but left them under the same disabilities, as citizens of 
the State and the Union, with the other tribes. The commis- 
sioner, appointed under that act, is simply a guardian under a 
different name. The operation of the act has undoubtedly been 
favorable ; still, perhaps not from any defect in itself, it has 
failed to accomplish all that was expected from its operation. 

The act of 1834 recognized the existing divisions of the land, 
and confirmed each proprietor in the possession of such lands 
as he had appropriated. The act of March 3d, 1S42,. providing 
for the division of the common lands, has had a most important 
bearing upon the condition of the tribe. That act provided for 
the appointment of three commissioners, who were authorized 
so to make partition of the territory, as to give to each legal 
adult proprietor, male or female, to the children of such proprie- 
tors, and to every person of Indian descent, who was born in 
said Marshpee, or within the counties of Barnstable or Plym- 
outh, and who had resided, or whose parents had resided, in 
Marshpee, for 20 years or upwards previous to the passage of 
the act of 1834, sixty acres of land in severalty, including what 
each proprietor might have previously occupied. The act of 
1834 prohibits the alienation of lands to persons not belonging 
to the tribe, but allows of transfers among themselves. The 
proprietors " are exempt from State and county taxation," and 
their lands, from liability to be taken in execution. The act of 
1842 provides for the assessment of taxes for district pur- 
poses. One tax has been assessed, and about one half of it was 
collected ; but it was found impossible to collect the balance, and 
this shadowy exercise of municipal power, flattering as it at first 
seemed to the proprietors, has been abandoned. Under this par- 
tition of the lands, nearly every family now holds 60 acre_s; a 
large number, where both husband and wife were original pro- 
prietors, 120 acres; quite a number, inheriting, in addition to 
their own, allotments by the death of original proprietors, 180 
or 240 acres. 

A large portion of the land thus allotted in severalty, was, 
at the time of the partition, covered with valuable wood. This 
has nearly all been cut off and sold, very many of the less in- 



1849.] HOUSE— No. 46. 27 

dustrions proprietors relying upon the proceeds of its sale for 
support. In many instances, it has been cut at improper sea- 
sons, and sold for much less than its value ; and now, not only 
is the wood gone, but the reliance upon this easy means of sup- 
port has, in very many instances, engendered indolent and im- 
provident habits, and many are just beginning -to be thrown 
upon their own resources, without the industrious and econom- 
ical habits which, but for the ill-advised kindness which has 
allowed this waste of their property, necessity would have com- 
pelled them to form. It is too late, now, to regret it ; we have 
only to do with the remedy ; but, had only an allotment of 
land been made to each proprietor, sufficient for purposes of 
cultivation and pasture, and the residue still held in common, 
the proceeds of the sales of the wood would, under judicious 
management, have constituted a fund which would have made 
the district independent for all coming time. 

Some estimate may be made of the value of the~wood of the 
whole territory, from the sum realized from the sale of the 
wood from the " Parsonage Lot." By the act of June 14, 1813, 
the "Marshpee Parsonage" was established, embracing, in 
1845, 45 acres . For reasons, the nature or validity of which 
it is not material to discuss, the pastoral connection between 
the Rev. Phineas Fish and the district having been dissolved, 
and a compromise effected in accordance with which Mr. Fish 
relinquished the Parsonage, in July, 1S45, the wood from that 
lot was sold for $6952 00. The whole territory comprises 13,000 
acres; it will be readily seen that enough might have been as- 
signed to each proprietor, and a common territory left, which 
would have been a fortune to the district.* We refer to this 

* Hon. Josiah J. Fisk, who was appointed Commissioner to visit the Marshpee In- 
dians, in 1833, in his Report, (Senate Document, No. 14, 1834,) says: "This plantation 
consists of 10,500 acres of land, (it has been since surveyed, and found to contain 13,000 
acres,) three fourths of which, at least, are said to be more or less covered with wood 
averaging, by estimation, from five to ten cords the acre, consisting, principally, of pitch 
pine and oak, the first, of the value of one dollar, standing, the latter of the value of two 
dollars, standing. And there is a ready market for all this wood, at the landing-places 
which lie upon the borders of the Plantation. By a Report of Commissioners, made to 
the Legislature, in 1818, it appears that this whole territory, at that time, was estimated 
at five dollars the acre, and the Plantation was then fourteen hundred dollars in debt. 
From the late increased value of wood, upon the sea-board, this territory is thought to 



28 INDIANS. [Feb. 

as one of the mistakes of past legislation, throwing light upon 
the causes of the present improvident habits of the tribe, and sug- 
gesting the importance of care in avoiding similar mistakes in 
future. 

The sources of public income are, the interest of the above 
amount, about one hundred dollars a year from salt marshes, 
and some small sums from sale_of 'wood from common lands 
and from hiring out privileges ofjrout_fisliin^. The last item, 
under good management, might become of considerable value 
to the district. The Annual Reports of the Commissioner, Hon. 
Charles Marston, contain so minute statements of the sources 
of public income to the district, and of its distribution, that we 
do not consider it important to enlarge upon this point. 

Considerable uneasiness has been expressed in relation to 
the amount which the State is called to pay, from year to year, 
for the support of paupers at Marshpee. The condition of 
Marshpee, in this respect, is peculiar. The number of foreign- 
ers is not unusually large. The per centage of foreigners to 
the whole population of the various tribes, is as follows : 
Chappequiddic, 7 per cent., Christiantown, SJ, Gay Head, 

have nearly douMed in value ; its whole debt has been paid off, and the tribe have a 
balance of nearly a thousand dollars in the treasury." We have no doubt, that, from the 
continued increase of the demand for wood, the value of the territory, had the wood been 
properly managed, would have doubled since 1833. This appears from the sale of the 
wood from the Parsonage, averaging about sixteen dollars per acre; so that, in this pro- 
portion, the plantation, under good husbandry, might now have been worth, at least. 
100,000 dollars. We would not be understood as blaming the present Commissioner ; 
the fault seems to have been the unwise concession of the Legislature to the importunate 
demands of the Indians, to be allowed the entire control of their lands. 

We agree, however, with the Commissioner, and with the most intelligent men of the 
tribe, in the opinion, that it is fortunate that this source of support, if the lands must be 
thus allotted, is now exhausted. They are now thrown upon their own resources ; and, 
though it will be long before the bad habits formed have been overcome, we have 
no doubt better days await them. They may now enjoy the blessings of the primal 
curse, — "In the sweat of thy brow shalt thou eat bread." 

We do not question the necessity of a division of the lands, in 1842. The mistake 
was, in assigning so large a portion to each proprietor. The Commissioner, and others 
who were in favor of the division, opposed the allotment of so much. Still, the owning 
of the land in severalty, for the same reasons as on the Vineyard, has operated favora- 
bly. The difficulty will soon regulate itself. As the law allows the transfer of land 
among themselves, the indolent and improvident will gradually dispose of portions of 
their lands to the more thrifty, and economical habits will be formed under the natural 
laws of distribution. 



1849.] HOUSE— No. 46. 29 

7, Marshpee, S^. But it so happens that, at this time, a large 
proportion of the foreigners at Marshpee are very aged and in- 
firm. Of the 9 persons, over 70 years of age, 4 are foreigners, 
1 of whom is an idiot. Unless the Commonwealth resorts to 
a remedy of more than questionable humanity, the forcible re- 
moval of these poor creatures, several of whom are fugitive 
slaves, from a community where they meet with sympathy and 
kindness, it would seem that no consideration of niggardly 
economy should prevent the State from allowing the district, 
in the language of Mr. Marston, " the full sum actually and nec- 
essarily paid for the support of the State paupers." The district 
ask nothing for the support of native paupers. This class im- 
poses a heavy burden upon the district, especially as, practically, 
they are unable to assess taxes for their support. The over- 
seers state, too, that this burden presses the more heavily, as 
the cost of supporting the county roads, which pass through 
their territory, is a serious item. 

The amounts paid by the Commonwealth, for the last six 
years, are as follows : — 

1843, 
1844, 
1845, 
1846, 

1847, 



1848, 



$321 


11 


317 34 


290 


22 


346 


15 


446 


10 


434 50 



Total, $2155 42 



The amount, it is true, is somewhat large. It may be more 
a matter of regret, when it is reflected that, with a more judi- 
dicious rule of allotment, it might have been avoided ; still, the 
necessity exists ; and it seems to us that, until, under the opera- 
tion of elevating influences which we do not despair of see- 
ing brought to bAar upon this people, they become capable of 
self-support, every consideration of humanity and of policy 
even, requires the adoption of a generous treatment. 

One of the largest items of the State pauper account is an 
appropriation of a dollar and a quarter per week, for the sup- 



30 INDIANS. [Feb. 

port of Polly Cetum, a lunatic State pauper. This individual 
is under the care of Ebenezer Low and wife, who receive the 
above sum from the State. She is afflicted with one of the 
saddest forms of idiocy, and needs constant care and watch- 
ing. We bear cheerful testimony to the extreme neatness of 
the domestic arrangements of the house where she boards, and 
of the apparently untiring efforts of Mr. and Mrs. Low, to minis- 
ter to her comfort. They say, and we agree fully with them, 
that the sum paid by the State for her support is entirely inad- 
equate.* 

One fact may be mentioned here, in relation to the cause of 
pauperism. Mr. Oaks A. Coombs, one of the selectmen, told us 
that the district had not a single district pauper, except such 
as are infirm from age or sickness, who is not intemperate. 
It seems not unreasonable, that, as the white man has intro- 
duced the sole cause of pauperism, he should provide liberally 
for the result. 

There are two school districts. The State appropriates 160 
dollars annually for purposes of education, 100 dollars under 
the 6Sth section of the 23d chapter of the Revised Statutes, 
providing for the distribution of the school fund, and 60 dollars 
from the income of the surplus revenue, under section 7th of 
the act of March 21st, 1S37. The amount appropriated by the 
district, in addition to the above was, in 1846, §111 97, and in 
1S47, $50 43. The commissioner states, in his reports, that, in 
1S46. the school was kept in the north district 2| months in 
the winter, at a cost of §64 56, and 3 months in the sum- 



* There seems to be no reason for designating foreigners, residing on Indian lands, as 
" State paupers." The uniform legislation of the State has regarded all colored per- 
sons residiug upon the Indian lands, as Indians, and subject to all the disabilities of 
Indians. As Mr. Hallet says, in his argument before the Committee, in 1834, " By our 
laws, a negro in Boston, who pays Si 50 tax, is a voter, while an Indian freeholder in 
Marshpee is put under guardianship. So the negro in Boston is free : but, if he moves to 
Marshpee, he is a minor." We disfranchise both foreigner and native ; declare them 
incapable of making a contract ; deprive them of their earnings ; allowing them to as- 
sess, we take away the power of collecting, taxes for the support of paupers ; and then 
throwing upon them, without a shadow of justice for the discrimination, the support of 
native paupers, we higgle with them upon the questions, whether we shall pay them 
for the full support of what we term State paupers, or whether we shall allow them 
forty-nine cents per week. 



1849.] HOUSE— No. 46. 31 

mer, at a cost of $55 00; and in the south district, 3 months 
in the winter, at a cost of $91 82, and 3 months in the sum- 
mer, at a cost of $36 00. In addition, $10 57 was paid for 
books. In 1S47, in the north district, the winter school was 
kept 3 months, at a cost of $92 00, in the summer, 15 weeks, 
at a cost of $37 50 ; in the south, winter school, 7 weeks, cost 
$53 93, and summer, 12 weeks, cost $27 00. We regret that 
we are compelled to say, that the condition of the schools, and 
the benefit derived from them, do not seem at all to correspond 
with the amount appropriated to their support. — The commis- 
sioner, in his report of 1846, says "the number of scholars, 
between 4 and 16, in both districts, is about sixty, and the 
average attendance in both schools in the winter, is about 40, 
and in the summer about 25. The scholars are well supplied 
with text books." In his report of 1847, he says, after stating 
that the whole number was about the same, "The average 
attendance in both schools, in the winter, is about 36, and, in 
the summer, about 30. The scholars are well supplied with 
books." In his report of 1848, he says, the number remaining 
about the same; "The average attendance in both, in the 
winter, is about 40, and in the summer is about 30. The 
school houses are convenient and well located, and the scholars 
are well supplied with text books." We have been unable to 
draw from observation, the inference which would seem to 
follow from the above statements of the commissioner, in re- 
lation to the schools. One only of the schools, the north, was 
being kept at the time of our visit. This was taught by Miss 
Lovell, a competent white teacher. The attendance during the 
past summer had been very irregular, owing, in some degree, to 
the prevalence of whooping cough. At the time of our visit, 
ten only were present. The whole number who had attended 
during the term was 45. (The whole number of children in 
both districts, between the ages of 4 and 16, is 77.) Every thing 
about the school, looked discouraging. We are compelled to 
believe that almost the whole interest taken in the schools be- 
gins and ends in the payment of the money. The teacher has 
labored with few of those friendly visits, which are so impor- 
tant as the aids and incentives to a teacher's efforts. Hon. B. 



32 INDIANS. [Feb. 

F. Hallelt, who became interested in this people, during the 
difficulties of 1834, Rev. Mr. Shailer, lately their minister, 
and a few others from abroad, were the only persons who 
visited the school during the entire term. y-* 

The condition of the tribe, as to religious teaching, is about 
the same as in regard to schools. It is sad to Be obliged to say, 
that sectarianism or denominationalism has pushed its own 
schemes, at the hazard, if not at the sacrifice, of the welfare 
of the Indians. We do not attribute wrong motives : there 
have certainly been melancholy mistakes. — The district for- 
merly received, from the Trustees of the " Williams Fund," 
$433 66 annually, being two-thirds of the^Bpme of that fund. 
This fund, amounting to §13,000, in the^^Kage of the donor, 
was bequeathed "to Cambridge Colleg^%i New England, or 
to such as are usually employed to manage the blessed work 
of converting the poor Indians, to promote which, I design this 
part of my gift." Rev. Phineas Fish, a congregationalist 
minister, was ordained over the tribe, in 1811, and continued 
their minister until 1835. In May 1836, a large number of the 
Indians petitioned the President and Fellows of Harvard 
College, the trustees of this fund, for the appropriation of the 
whole or a part of this fund to them, most of the tribe being 
Eaptists. In July of that year, the Board voted to pay to 
Rev. Phineas Fish, one third of the income of this fund for his 
services as missionary, and religious teacher and instructor to 
the Indians of Marshpee and Herring Pond, and one third to 
the district, to be expended, by the selectmen, under the super- 
vision of the commissioner, "in such manner as shall in their 
judgment be best adapted to promote the religious instruction, 
improvement, and conversion of the Indians of Marshpee, they 
rendering annually, to this board, an account of the manner in 
which they have applied and expended the money so received, 
such account to be first examined by the commissioner." The 
principal reason for this change is stated, in the preamble to 
the votes, to be, because " a considerable number of the Indians 
of Marshpee, from various causes, not attributable to the de- 
fault or neglect of Rev. Mr. Fish, in the discharge of his min- 
isterial duties, do not, and probably will not, attend on his re- 



1849.] HOUSE— No. 46. 33 

ligious instructions, and will not derive the benefit from this 
fund, in religious instruction and improvement, which was in- 
tended for them in common with the rest of the tribe." We 
have no means of knowing how large this " considerable num- 
ber" was at that time; undoubtedly it constituted a very large 
majority of the tribe. Since that time, the trustees have ap- 
propriated another third of the income of this fund to the dis- 
trict. This sum of $433 66 constitutes the whole amount ap- 
propriated for religious instruction. In 1S30. Joseph Amos, 
or " blind Joe," a native self-made preacher, was, in his own 
words, " ordained as a missionary, according to the Baptist 
order," and " preached round," Mr. Fish occupying the meeting- 
house. Since the dismissal of Mr. Fish, they have had several 
ministers, blind Joe among them. Last summer, Rev. Mr. 
Wakefield was settled, or employed. The general complaint 
among the people, is, that their ministers do not visit the peo- 
ple, do not become familiar with their daily wants, and assist 
them in making improvements in their daily pursuits. Judg- 
ing from the appearance of the congregation, on the Sunday 
when we attended their church, the labors of the ministers 
have been most barren of beneficial results.* Some fifteen or 
twenty natives were present; and though, as we were in- 
formed, the usual attendance is much larger, yet the neglect 
of public worship is too common. Habits of non-attendance, 
formed during the ministry of a single individual for twenty- 
seven years, are not easily overcome. There has been a sad 
want of adaptation in the preaching to their spiritual condi- 
tion and wants ; still there has been a great change for the 
better, in this respect, of late years, and its effect upon the peo- 
ple has been marked. — We are impressed with the conviction, 
founded upon our own observation and the assurances we re- 
ceived of the very great improvements in the religious condi- 
tion of the people within the last 15 years, that here, as on the 
Vineyard, is a most promising field for a faithful minister. 

* The people cherish a grateful remembrance of the labors of Rev. Mr. Perry, who 
was their minister about three years. He seems to have exerted himself heartily and 
intelligently, for their welfare, until the failure of his health compelled him to leave. 

5 



34 INDIANS. [Feb. 

Mr. Wakefield seems to have commenced his labors at Marsh- 
pee, with an earnest desire to do good ; if there be connected 
with this, frequent pastoral visits, sympathy with their daily 
wants, and counsel as to their daily pursuits, we predict the 
happiest results from his efforts. — The want of a parsonage is 
a serious hindrance to the efficiency of the minister's labors. 
He is now obliged to reside at too great a distance from the 
people. We trust that, through the liberality of the State, or of 
benevolent individuals, this difficulty will, before long, be 
remedied.* 

The Legislature has no control over the disposition of the 
M Williams Fund ;" but we trust it will not be considered out of 
place for us to suggest to the trustees of that fund the propriety 
of inquiring into the expediency of adopting a different rule for 
its appropriation. We doubt, whether the present mode of ap- 
propriation comes within the scope of the intentions of the do- 
nor. Rev. Mr. Fish is now the minister of a white congrega- 
tion. This fund, with the addition of $200, granted annually 
by the Society for the Propagation of the Gospel among the In- 
dians,f constitutes his whole salary, with the exception of such 

* The place and occasion were fitted to awaken the most interesting memories, and 
to enkindle the most ennobling inspiration. The meeting-house is situated in a secluded 
spot, surrounded by the few " brave old oaks" which time and Mammon have spared. 
The graves of " the rude forefathers" of the tribe are beneath our feet as we step upon 
the threshold ; the spirits of Eliot and May hew are among the " great cloud of wit- 
nesses" to our solemn services. It seems impossible not to catch something of the 
spirit of the apostle to the Indians, now gentle and winning as the accents of Calvarv 
now terrible as the denunciations of Sinai, — " quot verba tot fulmina, as many thunder- 
bolts as words." We mourn that he left not his mantle behind him. — One feature of 
the service left a fresh and pleasant impression. It was the appearance of Mr. Amos, 
the native preacher. He was one of the choir; and, when he struck the first note upon 
his accordeon, the associations of so novel an instrument, we confess, somewhat dis- 
turbed our notions of propriety ; but, as he warmed to the service, and stood tall and 
manly, with a phrenological development which Spurzheim might have envied, with 
his face turned to heaven, and his sightless sockets swimming with tears, he seemed 
the very personification of the loftiest spirit of rapt devotion. 

t This society is probably one of the oldest private corporations in this country. Its 
act of incorporation was passed by the Legislature of the Commonwealth, in 1787, under 
the name of "The Society for Propagating the Gospel among the Indians and others in 
North America." It gives us pleasure to say, that the managers of this Society, as well 
as the Trustees of the " Williams Fund," have uniformly exhibited a disposition to yield 
to the denominational preferences of the Indians, both at Marshpee and on the Vineyard, 
and to allow them to choose their own minister, upon the sole condition that he should 



1849.] HOUSE— No. 46. 35 

voluntary contributions as his hearers choose to make. The 
average attendance of Indians upon his preaching is believed 
not to exceed five or six.* It would seem that the good to be 
expected from his labors, "in the blessed work of converting" 
this number of " poor Indians." hardly justifies the annual ap- 
propriation of between 400 and 500 dollars. This mode of ap- 
propriation is, unquestionably, very satisfactory to the white 
congregation, who, literally, receive the Gospel i: without money 
and without price." The justice of the arrangement, we re- 
spectfully submit, is a matter worthy of the consideration of 
the trustees. 

From the argument of Hon. B. F. Hallett, before a commit- 
tee of the Legislature, in 1S34, we gather the following statis- 
tics of the tribe : — In 1767, the population was 292. In 1771, it 
was 327, of whom, 14 were negroes married to Indians. In 1832, 

give good promise of usefulness. — We notice that, at a late meeting of the Board of Over- 
seers of Harvard College, a distinguished member of the Board proposed that an appli- 
cation should be made to the Supreme Court or to the Legislature, for leave to appro- 
priate the income of the " Williams Fund" to the support of a College Professorship of Di- 
vinity, at Cambridge. We would suggest that it would be as well to include the funds of 
the Society for Propagating the Gospel among the Indians. It is hardly worth while " to 
make two bites of a cherry." True, the managers of this Society might object. But 
that would be a trifling obstacle. The clearly expressed intentions of the dead are to be 
disregarded; why not the rights of the living? Besides, the end sanctifies the means. 
It would only be a very "pious fraud." We take the liberty, also, to suggest, that the 
most appropriate day for the consummation of this purpose would be, the date of the 
will of Rev. Daniel Williams giving this fund for the "blessed work of converting the 
poor Indians. " — Seriously, we have no fear that this proposition will be adopted, if pub- 
lic attention is directed to its nature ; but we feel that we are entitled, in behalf of the 
"poor Indians," to enter their protest, in advance, against it, as a misappropriation of the 
property of the Indians, and a violation of the intentions of the donor. 

* On the Sunday in September, when we attended his church, one Indian was present. 
On Sunday, February 11th, 1S49, five were present. We have made careful inquiry, and 
the average attendance is put, by our different informants, from 5 to 10. One of our cor- 
respondents, who states the facts as known to him, by attending Mr. Fish's church and 
from inquiry of those who attend constantly, says : "On last Sunday, (February 11th.) 
five were present. I learn, upon inquiry of them who attend there constantly, that the 
average attendance is 6 or 8. There are sometimes but 2 or 3. The two women named 
above, Mrs. Amos and Mrs. Williams, are very constant. Sometimes there are as ma- 
ny as a dozen in attendance; and there are about 20 who sometimes attend there." — 
We think that justice to the Indians requires that these facts should be known. To all 
applications for appropriations for their benefit, the uniform answer has been — " See 
what large amounts have been appropriated by these benevolent societies, and then see 
how little good has been done." The true answer should be given — these sums have not 
been expended for the Indians. 



36 INDIANS. [Feb. 

it was 315, of whom 16 were negroes. In 1848, it is 305, of 
whom 26 are foreigners, all negroes or mulattoes. 

For the last six years, we find that the principal expenditures 
of the district have been as follows : — 

1843. 1844. 1845. 1846. 1847. 1848. 
For the poor, $539 16 $611 08 $618 25 $718 00 $777 22 $747 61 $4011 32 
" schools, 252 78 235 32 27125 278 97 237 43 173 76 1449 51 

* 44 28 45 02 83 22 405 12 526 38 171 56 1275 58 



bridges, 
-For S6j6ct* ^ 

men's ser- \ 145 00 145 00 145 00 145 00 90 00 90 00 760 

vices, ) 

Comm'rs and ) 

treasurer's \ 100 00 100 00 90 00 85 00 85 00 85 00 545 00 

services, ) 
Clerk's services, 15 00 16 07 16 75 15 00 62 82 

Incidental, 70 00 45 02 56 64 88 33 60 03 109 73 429 75 



$8533 98 



During that time, they have received from the State, as fol- 
lows : — 

1843. 1844. 1845. 1846. 1847. 1848. 
School Fund, $100 00 $100 00 $100 00 $100 00 $100 00 $100 00 $600 00 
Surplus, 55 00 55 00 60 00 60 00 60 00 60 00 350 00 

State paupers, 32111 317 34 290 22 346 15*446 10 434 50 2155 42 



$3105 42 



Add to this, amount paid Charles Marston, and N. Hinckley, 
in 1843, commissioners for dividing Marshpee lands, $905 50, 
amount paid the same, and S. Hinckley, in 1845, $226 37, 
for bridge, $140, and we have a total of $4377 29, appropriated 
by the State for the last six years. — Deducting, from the whole 
amount of expenditures, $8533 98, the amount included in 
these items, appropriated by the State, $3105 42, and we have 
the sum of $5428 56, which the support of their internal af- 
fairs has cost the district, being an average of $904 78, per 
year, equal to a tax of $15 87, upon every family, or $2 96, 
upon every man, woman, and child, in the district. We are 

* Of this amount, 8116 20 was paid back, in 1847. This reduction would slightly 
vary the result. 



1849.] HOUSE— No. 46. 37 

not sure that this is not larger than the average paid by the cit- 
izens of the State, enjoying all the privileges of citizenship. — We 
do not think the guardians of the State treasury need be seri- 
ously alarmed. Especially, when we compare this paltry sum 
of $4377 29, with the princely donations which the State has, 
during that time, made to her public charitable and benevolent 
institutions, we cannot believe that the too long oppressed rem- 
nants of the red man will form the only exception to the gener- 
ous treatment, which it has been the pride and the glory of the 
Commonwealth to extend to the degraded and unfortunate. 

This tribe have no particular grievances to present. Litiga- 
tion among themselves is very rare. They suffer inconvenience 
from the encroachment of the whites upon their fishing privi- 
leges. For the adjustment of these, however, under the coun- 
sels of the commissioner and with the aid of legislation which 
may result from their petition to the present Legislature, ade- 
quate provision already exists. The intelligent men of the 
tribe hope that the time may come, when their political and 
civil disabilities may be removed. For the present, they sug- 
gest no material alteration of the system. They feel that they 
have not realized, from the act of 1834, all the benefit they 
expected. The difficulty is rather in the mode of administra- 
tion than in the system itself. The misfortune is, that eleva- 
ting influences have not been brought to bear upon them, which 
should gradually prepare them for the privileges of citizenship. 

We feel that we should neglect our duty, did we not give our 
testimony to the wonderful improvement which has taken place 
at Marshpee, since the passage of the act of 1834. Previous 
to that time, they were indolent, ignorant, improvident, intem- 
perate, and licentious. It is not strange that so general a dis- 
trust was entertained, at that time, of their ability to manage 
their internal affairs. But we believe it is admitted now, even 
by those who most earnestly opposed that law, that the experi- 
ment has succeeded ; and, though the result may not be all that 
the most sanguine dreamed, yet, all circumstances considered, 
it has been all that could rationally be expected. That act 
provided for the withdrawal of the depressing and degrading 
influences of the guardianship system, protection against the 



38 INDIANS. [Feb. 

extortions of greedy and unprincipled speculators, and the par- 
tial removal of civil disabilities. All they need now is, judi- 
cious counsel and encouragement, in managing their schools, in 
introducing farther improvements in agriculture and in their 
domestic arrangements; and, above all, the opening of the way 
to complete civil and political enfranchisement. With these in- 
fluences fully at work, we feel entirely confident, that, in a few 
years, the district of Marshpee may claim a place by the side 
of the other towns of the Commonwealth. *** 

We cannot close the examination of the condition of this 
tribe in more appropriate language than the following eloquent 
appeal of the tribe, in their memorial to the Legislature in 
1834: — '-'We do not know why the people of this Common- 
wealth want to cruelize us any longer; for we are sure that our 
fathers fought, bled, and died, for the liberties of their now 
weeping and suffering children, the same as did your fathers 
for their children, whom ye are, who are now sitting to make 
laws to suit your own convenience, and secure your liberties. 
Oh ! white man ! white man ! the blood of our fathers spilt 
in the revolutionary war, cries from the ground of our native 
soil, to break the chains of oppression, and let our children go 
free !" 

Herring Pond Tribe. 

The territory of this tribe is in the easterly part of Plymouth, 
a small portion lying in the westerly part of Sandwich. 

It includes about 2500 acres, of which about 100 acres are 
owned in severalty. The whole number of the tribe is 55 * 

Families, ... 12 

Males, ... 28 

Females, ... 27 

Natives, ... 49 
including several from Marshpee and Yarmouth. 

Foreigners, . ... 6 

Under 5 years, . . 5 

From 5 to 10, . . 9 

* See Appendix, A. 



1849.] HOUSE— No. 46. 39 

From 10 to 21, . . 16 

" 21 to 50, . . 22 

" 50 to 70, . . 1 

" 70 and over, . . 2 

Aged 70 and 90. 

At sea, ... 2 

The pursuits of this tribe are similar to those of the other 
tribes. There is one house-carpenter. Their condition is much 
superior to that of their neighbors at Marshpee. They live in 
comfortable houses, and will compare favorably with the Chris- 
tiantown tribe in the arts and comforts of life. Their stock 
consists of 2 horses, 5 homed cattle, 6 swine, and about 100 
fowls. They are generally free from debt, and the rule for 
dividing the land is the same as at Gay Head, each one appro- 
priating such as he needs, under the direction of the treasurer. 
Fortunately, the common lands have never been divided, as 
were those at Marshpee, and they form the source of a fund 
now amounting to $2511 69 ; and, under the judicious man- 
agement of Mr. Marston, (the act of 1834, providing that the 
Commissioner of the Marshpee Indians shall be treasurer, and 
quasi guardian of the Herring Pond Indians,) this amount is 
increasing, from year to year. From the reports of the treas- 
urer, we find that the net receipts from the sale of wood from 
the common lands, for the last five years, have been as fol- 
lows : — 

1844, . . $324 91 



1845, 

1846, 
1847, 

1848, 



456 98 
267 26 
264 58 
793 24 



Total, $2106 97 

The plantation is free from debt, and, in pecuniary matters, 
is independent. — A comparison of the amount of territory at 
Herring Pond, with that at Marshpee, will show what might, 
have been the condition of the Marshpee tribe, but for the un- 
fortunate division of the lands of that tribe. Instead of being 



40 INDIANS. [Feb. 

in its present state, it might have been, at least, as independent 
as the Herring Pond tribe. 

The whole amount paid by the State to the plantation, for 
the support of State paupers, and indeed for all purposes what- 
ever, for the last six years, is $169 52. The average cost per 
year, for several years past, of supporting the poor, has been 
about $110. 

The state of their school is somewhat better than at Marsh- 
pee; but, owing to similar causes, is far from what it should 
be. The number of children, between the ages of 4 and 16, is 
23. The school was not open when we were there. It is kept 
from four to six months, each year. They receive from the 
State 38 dollars per year, for purposes of education; 20 dollars 
from the school fund, and 18 dollars from the income of the 
surplus revenue. In addition to this amount, from 70 to 80 
dollars is appropriated annually, from the funds of the planta- 
tion, for the school. 

The other principal items in the expenditures of the planta- 
tion are for medical services, and the salary of the commis- 
sioner and treasurer. Forty dollars per year is paid from the 
funds of the plantation, for medical advice. Eighty dollars per 
year is paid to Mr. Marston, for his services as commissioner 
and treasurer. 

They have no regular preaching. By an arrangement with 
Rev. Phineas Fish, growing out of his former missionary rela- 
tions to the Marshpee tribe, he is under obligation to preach for 
them one sixth of the time. Living, as he does, some 14 miles 
from the plantation, he very seldom sees them, except on this 
sixth Sunday, which is a sort of day of jubilee to this poor peo- 
ple. Mr. Amos has preached for them, more or less, of late 
years ; occasionally, a stranger breaks to them the bread of 
life; but, owing to the want of continued pastoral visits and 
counsels, their religious privileges are of the smallest possible 
benefit. They feel that " no man cares for their souls." We 
hope that their improving pecuniary condition will, before long, 
justify the appropriation of something to purposes of religious 
teaching. We hope, especially, that the appropriation, made by 
the "Trustees of the Williams Fund," and by the Society for 



1849.] 



HOUSE— No. 46. 



41 



the Propagation of the Gospel among the Indians, will be so 
arranged as to secure to the " poor Indians" the entire services 
of a Christian missionary. 

The Herring Pond Indians are a quiet, industrious, temperate 
people. The children are unusually intelligent and interesting. 
The Mrs. Fletcher, Blackwell, Gardner and Bartlett are sis- 
ters from Yarmouth, of the maiden name of Lindsay. The 
families, in which they are wives and mothers, comprise 24 in- 
dividuals, nearly half the tribe ; and their condition elevates 
very much the average of the intelligence of the tribe. As a 
tribe, they are under the same disabilities, civil and political, as 
the Marshpees, in a sad state of conscious depression, ignorant 
almost of the nature, entirely of the remedy, of the social pro- 
scription which crushes them and their races. 

The Troy or Fall River Indians. 



The territory occupied by this tribe, is within the limits of 
the town of Fall River, some 3 or 4 miles from the village. The 
whole amount of territory is about 190 acres, of which about 
20 acres are owned in severalty, and the remainder held in 
common. The soil is generally good ; but the indolent and im- 
provident habits of the tribe render it of little use to them as 
means of support. The population of the tribe is 37.* 



Families, 




10 


Males, . 




17 


Females, 




20 


Natives, 




29 


Foreigners, 




8 


Under 5 years, 




1 


From 5 to 10, . 




2 


" 10 to 21, . 




8 


" 21 to 50, . 




15 


" 50 to 70, . 




10 


Over 70, 




1 


Cynthia CufTee, born in Westport, aged 74. 




At sea, 


4 


* See Appendix A- 







42 INDIANS. [Feb. 

Eighteen or twenty of the above, who are considered as be- 
longing to the tribe, do not live on the territory. Many of 
them will probably never return, unless it should be to claim a 
portion of the territory, in case of a division. — The means of 
subsistence are mostly day labor. The whole stock of the tribe 
consists of 2 pigs and 20 or 25 fowls. They have no public in- 
come, (except some 25 or 30 dollars a year from rent of pasture 
lands,) no schools and no preaching. Of the five children un- 
der 16 years of age, 4 are bastards, belonging to a family not 
residing on the Indian lands. 

The present guardian, Benj. F. Winslow, Esq., was appointed 
in May last, under the resolve of April 16, 1836, authorizing 
the governor to fill the vacancy in said guardianship, whenever 
it should occur. The salary of the guardian, so far as we can 
learn, is not fixed by law. The usual sum allowed, of late 
years, has been $35 00 yearly. — It might be expected, from the 
above statement of the condition of the tribe, that the appropri- 
ations by the State, for the support of their paupers, have been 
large. For the five years previous to 1848, they have received 
from the State the following sums : — 



1843, 


$107 69 


1844, 


165 82 


1845, 


76 50 


1846, 


140 83 


1847, 


252 40 


Salary of guardian, for five years, 


165 00 


To Holder Wordell, in 1848, upon final 




settlement of guardian's account, 


214 66 



Total for 6 years, $1122 90 

The case of this tribe is clearly one in which the benefits of 
the system of guardianship have not been commensurate with 
its expenses.* 

The Dudley Tribe. 

The territory of this tribe, amounting to about 30 acres, is in 
the town of Webster. It has never been divided. The territory 

* Appendix D. 



1849.] 



HOUSE— No. 46. 



43 



originally occupied by the tribe lay in the centre of the town of 
Dudley. This was sold, some years since, by order of the Leg- 
islature, and the present territory purchased for them. The 
balance of the proceeds of the land has been expended. The 
whole number of the tribe is 48.* 



Families, about 






11 


Males, . 




22 


Females, 






24 


Unknown, 






2 


Natives, 






40 


Foreigners, 






8 


Under 5 years, 






6 


From 5 to 10, 






7 


" 10 to 21, 






8 


" 21 to 50, 






21 


" 50 to 70, . 






5 


Over 70, . 






1 aged 74. 


About half of the number live on the territory. This tribe 


have reached a lower deep than any other in the State. A few 


get an honest living by cultivating their land, and by going 


out to work. The rest subsist upon the bounty of the State, 


and by prostitution. They have no schools and no preaching, 


are ignorant, improvident, and degraded to the lowest degree. 


They have received from the State, as follows : — 


1843, . . $101 97 


1844 : 


146 99 


1846, 


507 48 


1847, 


85 22 


Salary of guardian 5 years, 


250 00 


1848, 


. 


213 84 f 




1305 50 








500 00 % 



1805 50 
The guardian is appointed, under the resolve of Feb. 24, 1829, 

* Appendix A* 

t Including salary of guardian, and $22 74, to Daniel Davis, for medical advice. 

t For repairs of buildings. 



44 INDIANS. [Feb. 

and his salary, 50 dollars annually, was established by resolve 
of April 16, 1836. The present guardian was appointed in 1847. 

The Hassa?iamisco, or Grafton Tribe. "* 

This tribe are found in Grafton. The whole territory in 
Grafton, besides small amounts owned by individuals in ad- 
joining towns, is 25 acres. They have no common lands. The 
number of the tribe is 26.* 

Families, ... 5 

Males, .... 12 

Females, ... 14 

About two thirds of the above number may be regarded as 
residing on the territory. Generally, the Grafton Indians are 
industrious, temperate, and comfortable. They had formerly a 
respectable fund ; but it was totally lost, while in the hands of 
a former trustee. By the resolve of April 9, 1839, an appropri- 
ation of $50 00 annually, for ten years, was placed in the hands 
of the judge of probate, for Worcester County, to be applied, at 
his discretion, for their benefit. In addition to this sum, they 
have received from the State, in 1845, 30 dollars, and in 1847, 
10 dollars. The State is still indebted to the tribe for the fund 
which was lost under her management. — Of course, this tribe 
has no separate schools, or preaching. Their children attend 
the public schools. They will soon undoubtedly lose their 
individuality, and become merged in the general community. — 
Their annuity expires this year. If there should be a necessity 
of continuing it or any portion of it, it will be provided for, 
under the general recommendation we shall have the honor to 
submit, towards the close of the report. 

The Punkapog Tribe. 

The remnant of the Punkapog Indians reside in Canton and 
Stoughton. The number is 10: — 

Males, ..... 4 

Females, ..... 6 

* Appendix A. 



1849.] HOUSE— No. 46. . 45 

i 

They have no lands and no property of any kind, the last 
of their lands having been sold by their guardian, Hon. Thomas 
French, a few years ago, and the whole of the proceeds having 
been expended in support of the poor. With few exceptions, 
they are industrious, temperate, and capable of supporting 
themselves. Four have of late received aid as State paupers ; 
but one of them has lately died, one has come into the receipt 
of a pension from the general government for military services 
of her deceased husband, and another, who has long been in 
very feeble health, has recovered. The amount needed from 
the State will probably be materially less hereafter. The 
amount, paid by the State for 6 years, has been as follows : — 

For support of paupers, . . $901 72 

The salary of guardian was fixed, in 1847, at 50 dollars 
annually. In 1846, the sum of 200 dollars was paid to the 
guardian, in full, for services for 20 years to that time. 

The Natick Tribe. 

We have taken no statistics of the Natick Indians. There 
are a few in and about Natick with more or less of the blood of 
this tribe in their veins, and others scattered over the State ; but 
it is now several years since they have asked any aid from the 
State, and they will probably never ask more. Practically, the 
tribe is extinct. The last of their lands were sold under the 
Resolve of March 4, 1828. — There is a fund in the hands of 
Elijah Perry, Esq., their guardian, arising from the sale of 
these lands, amounting to $1,291 13. The present guardian 
was appointed in 1838, at which time the fund amounted to 
$1,226 86 Since that time, Mr. Perry has appropriated, 
annually, to certain individuals belonging to the tribe, none 
of whom now reside in Natick, small sums, amounting very 
nearly to the income of the fund. — By a resolve of Febru- 
ary 27, 1810, the governor is authorized to appoint the guardi- 
ans to the Natick Indians. By a resolve of June It, 1814, 
this authority is renewed, with the addition, " the guardian 
thus appointed shall be held to render an account annually 
to the governor and council." By a resolve of February 13, 



46 . INDIANS. [Feb. 

1819, the guardians are " authorized to expend and appropriate, 
under the direction of the overseers of the poor of said town, 
all or any part of the funds in their hands, belonging to said 
tribe ; and a certificate, under the hands of said overseers, of 
the expenditure and appropriation of said funds, shall be a 
sufficient voucher for said guardians in the settlement of their 
accounts as such." Through a misapprehension of his duties, 
Mr. Perry has rendered no such account since his appointment. 
He has presented to us a statement of the amount of this fund 
at the time of his appointment in 1838, and of the sums appro- 
priated by him since that time, accompanied by a certificate of 
its correctness from the selectmen of Natick. He has allowed 
six per cent, interest, and has charged two per cent, on the 
amount of the fund for his services. The fund is invested at 
the discretion of the guardian, and upon his personal security. 
As far as we can judge, Mr. Perry has managed this fund judi- 
ciously ; still, as the State holds it in trust for the benefit of the 
Indians, it will not be regarded as intimating a suspicion of Mr. 
Perry's integrity or responsibility, to express the opinion that 
something more than individual liability should be required for 
the security of the fund. 

The Yarmouth Indians. 

This remnant of the Yarmouth Indians reside in Yarmouth. 
They have no Indian territory, their lands having been many 
years ago sold to the whites. The Indians allege that these 
lands were illegally conveyed, they not having power to sell 
them without the consent of the Legislature. Whether this be 
so, and whether possession gives the white occupants a title to 
the lands, are questions which we have not assumed to decide. 
These Indians have generally intermarried with the whites ; 
they have not received or asked aid from the State for many 
years, and most of them gain, by their own industry, an honest 
and comfortable living. Practically, they are a part of the 
general community. 

The whole number is . . . 58* 

Males, ..... 32 

Females, .... 26 

* See Appendix A. 



1849. 





HOUSE- 


-No. 46. 






Recapitulation 






Chappequiddic, 






85 


Christiantown, 








49 


Gay Head, 


. 






174 


Marshpee, 


. 






305 


Herring Pond, 


. 






55 


Fall River, 


. 






37 


Dudley, . 


. 






48 


Grafton, . 


, 






26 


Punkapog, 








10 


Yarmouth, 


• 






58 


Total number 


in the State, not includ- 




ing the Natic 


k tribe, , 






847 



47 



The following note is from the life of Eliot in Sparks's 
American Biography. Among the Massachusetts Indians are 
included the Nipmuck, whose territory now embraces the 
towns of Oxford, Uxbridge, Dudley, Webster, and Woodstock, 
the Natick, Nonantum, Neponset, Wamesit. (now Tewks- 
bury,) and Punkapog, and some smaller tribes. 

" The following estimate of the whole number of ' Praying 
Indians,' in 1764, is taken from Judge Davis's Note to Mor- 
ton's Memorial, (pp. 407-415,) where may be seen further 
statements of the situation and number of the Christian natives 
at subsequent periods : — 



In Massachusetts, under the care of Mr. Eliot, . . 1,100 

In Plymouth Colony, by Mr. Bourne's and Cotton's ac- 
count, ....... 530 

Additional number, under Cotton's care, in Plymouth 
Colony, ...... 170 



On Nantucket, 



Total. 



300 



On Martha's Vineyard and Chappequiddic, under the 

care of the Mayhews, ..... 1,500 



3,600" 



Upon a review of this whole matter, one subject seems to 



48 INDIANS. [Feb. 

demand, both from its importance and from the prominence it 
held in the motives which led to the appointment of this com- 
mission, especial consideration. We refer to 

The Pauper Question. 

We do not share in the alarm which some seem to feel, in re- 
gard to the amount of appropriations to the poor Indians. It 
appears, that, for the six years from 1843 to 1848, inclusive, the 
whole amount, paid by the Commonwealth, on account of the 
Indians, was .... $10,059 25 

Of this amount there was paid to the commis- 
sioners for dividing Marshpee lands, $ 1131 87 
Salaries of guardians, . . . 1715 00 

2846 87 



Leaving, as the amount received by the Indians, $7212 38 

being an average of 1202 06 annually, or about one dollar and 
a half to each individual. The total yearly cost of the State gov- 
ernment is about $900,000, or one dollar to each individual in 
the State. We submit, that 900,000 citizens, who enjoy all the 
privileges of citizenship, at a cost of one dollar per year, ought 
not to complain of the burden of paying one dollar and a half 
per year to the 800 persons who are kept in a state of complete 
political and civil disfranchisement. It would be difficult, we 
trust, to find 800 citizens of the State, who would submit to the 
same disabilities, for fifty cents a year. 

" But the 900,000 citizens contribute to the support of the 
government." So would the 800, but for the almost immemo- 
rial unjust legislation of the State towards them. 

But, be the cost of supporting them greater or less, we take 
the ground, that the State owes it to them, not as a gratuity, but 
as a debt which cannot be honorably, or even honestly, evaded. 
We have brought them into their present condition. The dis- 
abilities under which we have placed them, while they de- 
clare their unfitness to perform the duties, have produced and 
perpetuated their unfitness to bear the burdens, of citizenship. 

The history of all conquered and proscribed races and classes, 



1849.] HOUSE— No. 46. 49 

illustrates the impossibility of elevating such races and classes, 
while under civil and political disabilities. It was among the 
principal objects of the colonization of this country, in the lan- 
guage of the charter of the colony of Massachusetts Bay, that 
11 the good life and orderly conversation of the colonists may win 
and incite the natives of the country to the knowledge and obedi- 
ence of the only true God and Savior of mankind and the Chris- 
tian faith, which, in our royal intention and the adventurer's free 
profession, is the principal end of this plantation." But, until 
the conversion of the Indians was accomplished, they were 
treated as heathen, and, of course, unfit to be members of a 
Christian Commonwealth. The early colonial legislation in 
regard to the Indians was dictated by the spirit which excluded 
all, except members of the church, from any agency in political 
or civil affairs. The progress of civil and ecclesiastical liberality 
has released all but the Indian from these disabilities. The 
African, the Turk, the Japanese, may enjoy, in Massachusetts, 
all the privileges of American citizenship. The Indian alone, 
the descendant of monarchs, is a vassal in the land of his 
fathers. Even the Declaration of Independence, the Bill of 
Rights, our State Constitution, brought no deliverance from op- 
pression, no recognition of unalienable rights, no constitutional 
guarantees to the poor Indian. — The inconsistency of our past 
and present treatment of the Indians, with the whole spirit, and. 
indeed, with the letter of our constitution, is so well exhibited by 
Mr. Hallett, in his argument before referred to, that we offer no 
apology for making the following extracts, as applicable to all 
the Indians in the State: — 

"They must be either hereditary vassals, or servants by 
right of conquest, or public enemies held as hostages and pris- 
oners, or paupers, or persons individually, not collectively, in- 
capacitated and non compos mentis, or citizens." 

The constitution recognizes no distinction of color, and no 
civil inability in classes or communities. It declares govern- 
ment to be a V social compact, by which the whole people cove- 
nants with each citizen, and each citizen with the whole people, 
that all shall be governed by certain laws, for the common good." 

In the second article of the 1st chapter, it leaves all the rights 
7 



50 INDIANS. [Feb. 

of citizenship to every male inhabitant, of twenty -one years and 
upwards, possessing certain property qualifications, " and, to re- 
move all doubt concerning the meaning of the word inhabitant 
in this constitution, every person shall be considered an inhabi- 
tant in that town, district, or plantation, where he dwelleth or 
hath his home." 

Inhabitant and citizen, therefore, are synonymous terms, with 
the sole exception of aliens, paupers and persons under guardi- 
anship, that is, under guardianship by general laws, affecting 
all citizens who come under their provisions, and not by special 
laws made for a whole community, without discrimination. 

2. The Marshpee Indians are not aliens. They are not a do- 
mestic nation, as the Cherokees are declared to be, by the su- 
preme court of the United States. They have no rights secured 
by treaty, and no other rights than those of property and person, 
applying to them as to all other citizens. 

3. They are not our vassals, slaves, or servants. They were 
not conquered by our fathers, but were the friends of the whites, 
before the war of the revolution, and, in that war, fought on our 
side, for which some of them now receive pensions. 

4. Are they paupers? They cannot come under this head, 
for they are all freeholders in common, and the law permitting 
them to take the poor debtor's oath, makes an express exception 
of their landed property. 

5. Are they incapacitated? Not naturally. They are not 
non compos mentis. How then are they incapacitated ? To 
justify the placing of the property and person of the citizen un- 
der guardianship, he must individually be incapacitated. Every 
individual of the Marshpee tribe must then be proved to be in- 
capacitated, to justify taking away his rights of person and 
property, and they must be placed under the general laws of 
guardianship. You cannot declare a whole community to be 
incapacitated from the exercise of individual rights. As it 
regards the Marshpee Indians as a community, it is false rea- 
soning to take it for granted that they are incapable of self- 
government ; because they have never had a fair opportunity of 
testing their capacity, and because, they are now as well in- 
formed and as temperate as many of the plantations were, 



1849.] HOUSE— No. 46. 51 

when originally incorporated into towns. On what principle, 
then, is it, that there has always been a distinction between the 
laws made for governing the Indians, and those made for the 
whole people, when the constitution declares that "all shall be 
governed by certain laws for the common good." 

It began in the necessity of guarding against the hostility of the 
Indian tribes ; but this necessity ceased to exist, (if it ever did 
exist in relation to the Marshpee tribe,) long before the revolu- 
tion. Now, by what process of reasoning can it be shown, that 
the Indian inhabitants of this Commonwealth, were not in- 
cluded in the first article of the bill of rights? viz. : " All men 
are born free and equal, and have certain natural, essential, and 
unalienable rights ; among which may be reckoned the right of 
enjoying and defending their lives and liberties ; that of ac- 
quiring, possessing, and protecting property ; in fine, that of 
seeking and obtaining their safety and happiness." 

We dwell upon this point, not to indulge in useless fault-find- 
ing or regrets over past legislation, but for the purpose of direct- 
ing attention to these disabilities as producing and perpetuating 
the degradation of the Indians, and so constituting a claim upon 
the State which has established, and which still sustains, the 
system. No man can say what would have been the present 
condition of the Indians, but for these disabilities. It will not 
do to say that the Indian is incapable of improvement. The 
experiment has never been fairly tried. Efforts have been made 
to Christianize and elevate them ; and we are gravely told, that, 
because they always have failed, therefore ; they always must 
fail ; but, it seems to have been forgotten, that the effect of 
these efforts has always been controlled by the crushing influence 
of civil and political disability, and, as a necessary result of 
these, of social proscription. It is, as Frederick Douglass says in 
relation to the incapacity of the African race for improvement 
— himself an eloquent refutation of the falsity of the affirma- 
tion: — "Sixteen millions of Anglo-Saxons grind to the very 
dust three millions of Africans. Take your heels off of our 
necks, and see if we do not rise." — We have treated the Indians 
as wards, serfs, vassals, slaves. We have taken the manage- 
ment of their property, and have allowed it to be squandered 
and lost. We claim the right to dispose of their persons, giving 



52 INDIANS. [Feb. 

their guardians the power to bind them out, as minors, and to 
appropriate the proceeds of their labor, at their own almost 
irresponsible discretion. That this power has not been abused 
is owing to the character of the guardians, and to a state of 
public opinion, which, unfortunately, has not yet infused itself 
into the laws. Can we hesitate, as to the duty of the Com- 
monwealth to those whom Chief Justice Parker terms " the 
unfortunate children of the public?" 

We need not argue the question of the legal obligation of the 
Commonwealth to provide for the Indians. In the case of 
Andover vs. Canton, (Mass. Reports, vol. 13, p. 547,) that mat- 
ter was adjudicated upon and settled by the supreme tribunal 
of the State. The following extracts, from the decision of Chief 
Justice Parker, are pertinent and important, alike from the legal 
principles settled and the humane spirit which characterizes 
them. " It is not an admissible idea, that a tribe of Indians, of 
whom the Legislature had assumed the guardianship, whose 
land or other property is taken into public custody, and even 
whose labor is disposed of, without consulting the inhabitants 
of the town within which they may dwell, should become 
chargeable to the town, in case of poverty, merely because they 
lived within its limits. There is always supposed to be a 
consideration, past or present, for the obligations of towns to 
rest upon, in the support of paupers. They have received some 
benefit from their property or that of their ancestors, by taxa- 
tion, or otherwise; and they may dispose of them in service. 
But with respect to this tribe of Indians, the town of Canton 
could never have received a benefit in any way, having no 
right to tax their property or their polls, or to diminish the ex- 
pense of supporting them, by placing them out at service. 

Probably the Legislature will consider the remaining tribes 
and parts of tribes of aboriginals, which yet remain within the 
confines of this Commonwealth, as the unfortunate children of 
the public, entitled to protection and support, when their means 
of subsistence fail, and when it shall be found that they are in- 
capable of civilization, so far as to be admitted as citizens. 

Such seem to have been the humane views of the successive 
Legislatures of the Colony, Province, and Commonwealth ; they 



1849.] HOUSE— No. 46. 53 

having, at various times, empowered agents to take care of the 
lands which were allowed to be the property of native Indians ; 
and, in several instances, having provided means for their sup- 
port, comfort and instruction. It certainly would be more wor- 
thy of the liberal character of this Commonwealth, to make a 
general and permanent provision for the maintenance of such 
of the tribes, or individuals of the tribes, as shall be brought to 
indigence, than to throw the unequal burthen upon the towns 
where they may have chiefly resided; those towns not only 
never having derived any benefit from their labor or property; 
but, on the contrary, having generally suffered disadvantage 
from having considerable landed property exempted from tax- 
ation, and from the unsettled habits and manners of such a pop- 
ulation." It seems to us therefore, that, from every considera- 
tion arising from our past treatment of the Indians, from a 
uniform recognition of the obligation by the Legislature, and 
from the simplest requirements of humanity and justice, we 
owe to them comfortable provision and support ; not, indeed, 
such support as will perpetuate habits of indolence and im- 
providence, but such treatment as, while it shall relieve from 
present suffering, shall tend to form habits of self-reliance and 
self-support. 

They should not be treated as paupers. "VVe find that they 
nearly all have that feeling of pride, which shrinks from being 
the objects of charity. This feeling, which is almost the only 
vestige, and which a wise legislation should foster as the germ, 
of a hopeful self-respect, we should not wantonly wound. — They 
are not State paupers. The legislation of the last 180 years 
has recognized as Indians, all descendants of Indians residing 
upon Indian lands. — AVe plead for them, not as paupers, or as 
public beneficiaries, but as entitled to the pittance which is ne- 
cessary to their comfort; and instead of compelling them to ap- 
ply for scanty relief, year after year, to the Committee on Claims, 
which is generally composed of new men, who cannot become 
acquainted with the subject, who are usually too much influ- 
enced by the fear of being regarded as more extravagant than 
their predecessors, and who, as the history of the past shows, 
and from the nature of the case, are liable both to withhold and 



54 INDIANS. [Feb. 

to grant unwisely, we think, to requote the words of Chief 
Justice Parker, " it would be more worthy of the liberal charac- 
ter of this Commonwealth, to make a general and permanent 
provision, for the maintenance of these unfortunate children of 
the public." How shall this be done ? 

It would be worse than useless to make this change, unless it 
formed part of a system which should tend to make them capa- 
ble of self-support, and fit them for the privileges and duties of 
citizenship. This brings us to the most difficult part of our 
duty. 

If we have succeeded in exhibiting the situation of this peo- 
ple, all will admit that the problem is, not to contrive means to 
supply their present wants, but to take them out of their present 
peculiar and anomalous condition. Under the present laws, 
any of the descendants of these Indians, now scattered over the 
world, in whose veins shall run a single drop of Indian blood 
generations hence, may return to the Indian lands, and claim to 
be treated as the wards of the State. The only remedy is to be 
found in annexing their territory to the adjoining towns and 
merging them in the general community. This must be done 
at once, or prospectively. 

Almost without exception, they are opposed to being annexed 
to the adjoining towns, and the towns are probably equally op- 
posed to receiving them. If there were no other obstacle, the 
liability of taxation would involve necessarily the alienability 
of their lands; and this alone, in their present condition, is an 
insuperable objection. The only alternative is, a system which 
shall, making due provision for their present wants, prepare 
them for the privileges and liabilities of citizenship. 

During the time which has elapsed since we visited the In- 
dians, and became familiar with their conditions and wants, we 
have given, to the solution of this problem, our constant and 
earnest study ; and the result has been the following 

Basis of an Act 

for the improvement of the Indians and people of color residing 
on the Indian lands within this Commonwealth. 



1849.] HOUSE— No. 46. 55 

1st. A repeal of all laws relating to the Indians, (with a modi- 
fication of those relating to the district of Marshpee, and the 
Herring Pond Plantation, at least, in relation to a separate com- 
missioner,) and the enactment of a uniform system, to apply 
to all the tribes in the State, in the spirit of modern philanthropy. 

2d. The merging of all, except those at Marshpee and Her- 
ing Pond, and Martha's Vineyard, in the general community, 
giving to the selectmen of the towns to which they are annexed, 
the management of the funds belonging to them, and of the sums 
appropriated by the State for their support, not as paupers, but 
as the wards of the State, the inalienability of their lands being 
secured, except when it is voluntarily surrendered, by the as- 
sumption of the elective franchise, as provided in the next sec- 
tion. 

3d. Grant to any one who wishes it, the privileges o^ citizen- 
ship, involving the liability to taxation, when any one accepts the 
privilege of voting; the privilege of voting to be allowed to 
those accepting it, and paying a poll tax, whether the towns 
tax real or personal property, or not ; and when the towns do 
tax the real or personal property of one^thus accepting the priv- 
ilege of voting, they shall become liable for the support of the 
individual and his descendants, as in the case of other citizens ; 
and when the privilege of citizenship is once assumed, and the 
right of taxation once exercised, the individual, from that time 
forth forever, shall be, to all intents and purposes, a citizen of 
the State, and debarred from returning to the condition of an 
Indian. 

4th. The appointment of one Indian Commissioner, who shall 
direct the application of all moneys appropriated by the State 
for the benefit of the Indians, and who shall devote his whole 
time, if need be, to their improvement, especially to devising 
means for gradually preparing them for the privileges of citizen- 
ship. 

Upon the first point, we think there can hardly be a difference 
of opinion. The legislation has been exceedingly loose and 
variant; sometimes it has been in the form of a general law, 
sometimes, of a special law. sometimes, of resolve; and, of the 
latter, sometimes an annuity has been settled upon a particular 



56 INDIANS. [Feb. 

individual, and, at another time, an appropriation has been made 
to a guardian, or judge of probate, for the benefit of an individual 
or a tribe. We have found it a most perplexing task, to go over 
the legislation of the last two hundred years, together with the 
records of executive proceedings, in order to ascertain the legal 
condition of each tribe; and we do not wonder that successive 
Committees on Claims and Accounts, amid the pressure of other 
legislative duties, have abandoned the task of inquiry as to 
laws now in force, in despair, and have been compelled to re- 
sort to a temporary expedient, which has only made the con- 
fusion worse confounded. This difficulty demands a remedy, 
and we believe the one we recommend is the only one which 
will fully meet it ; that is, the enactment of a system of Indian 
laws, in compact and definite shape. 

In this connection, we would urge particularly the impor- 
tance of confirming the titles of proprietors of lands held in 
severalty, and of fixing the law of division and descent. 
At Gay Head, particularly, serious difficulties are already 
arising, which threaten the introduction of a spirit of litiga- 
tion ; a result which cannot be too earnestly deprecated. We 
regard the adjustment of these questions as a matter of the ut- 
most importance to the future peace and welfare of this tribe. 

2d. The merging of the smaller remnants in the general com- 
munity. We entertain not the slightest doubt, that this, with 
the restrictions afterwards indicated, is desirable and practi- 
cable. The Fall River, Dudley, Grafton, Punkapog and Natick, 
are few in number ; and, as the inducements to remain on their 
lands are small, they are more and more scattering every year, 
never to return. They have but little land, or property of any 
kind, have no separate schools or preaching, and receive no 
money for these purposes, either from the State, or benevolent 
societies. They will soon lose their individuality as other 
tribes have done. The lands of the Punkapog and Natick 
tribes are already all sold; the Legislature will undoubtedly, 
before long, be called upon to provide for the sale of the lands 
of other small tribes. The course we recommend, we believe 
to be in accordance with sound State policy, and with a hu- 
mane regard for the welfare of the Indians. 



1849.] HOUSE— No. 46. 57 

3d. There are difficulties connected with the matter of grad- 
ually extending to the Indians the privileges of citizenship ; 
but none, we are convinced, which may not be overcome by an 
earnest and intelligent effort to accomplish so desirable a re- 
sult. We need not repeat our conviction, that the only way to 
provide for the permanent improvement of the Indian, is, to 
show him the path of escape from political and civil disfran- 
chisement ; and we believe that the plan we recommend, with 
the restrictions suggested, and others which will occur to those 
whose duty it shall be to arrange the details of the law, while 
it imposes no liabilities either upon the Indian or the town, 
which they do not voluntarily assume, opens to the Indian a 
certain prospect of civil, political and social elevation. 

4th. But, whether the other recommendations be adopted or 
not, we regard the appointment of a single commissioner, in- 
stead of the several guardians and the commissioner of Marsh- 
pee, as indispensable to the improvement of the Indians. They 
have been so long under disabilities, as to be, as a whole, in- 
capable at present, of self-government ; still there is enough 
of the Indian impatience of restraint to make them dislike the 
idea of guardianship. They need counsel, advice, encourage- 
ment ; almost universally they are teachable and accessible to 
kind influences. A single commissioner, intelligent, sagacious, 
and prudent, acting upon system, and devising means of per- 
manent improvement, entrusted with discretion to apply the 
funds appropriated by the State for their benefit, would con- 
tribute, more than any other instrumentality we can conceive, 
to their permanent welfare and to prepare them for the priv- 
ileges of citizenship. The influence of the guardian must be 
purely parental. The smallest element of dictation or control 
in any system designed for their improvement, will defeat all 
its aims. They have too good reason to be jealous of the 
white man, to be ready to acquiesce in any measures which 
are not, to their own comprehension, benevolent in their mo- 
tives and tendencies. The whole success of any system of 
measures, the only hope of any permanent improvement, will 
depend upon the character of the commissioner. The amount 
now paid annually, for the salaries of the commissioner of 
8 



53 INDIANS. [Feb. 

Marshpee and Herring Pond and the several guardians, is 
$540 00. This is somewhat less than the average for the last 
six years. A small addition to this amount would secure the 
services of a competent person, as Commissioner, for the whole 
State. The advantages arising from the familiarity of the 
Commissioner with the facts necessary to be known to the 
Committees of the Legislature, would alone equal the amount 
of his salary. We earnestly recommend this matter to the 
favorable consideration of the Legislature. 

We have endeavored to represent, faithfully, truly and im- 
partially, " the condition and circumstances" of nearly 900 of 
the inhabitants of this Commonwealth. Our commission did 
not originate in any petitions by the Indians for redress of 
grievances ; but in a humane design, on the part of the Legisla- 
ture, in the words of the resolve, " to promote their improve- 
ment and interests." While, therefore, the Legislature should 
not impose upon them any change which they do not volun- 
tarily adopt, they owe it to the advantages of their position to 
recommend such measures as they think would conduce to 
their improvement, and to tender to them every facility for a 
fair trial of those measures. Disfranchisement and depression 
have almost become the normal condition of the poor Indians: 
they cannot appreciate the almost miraculous power of a cordial 
recognition and a practical application of the principle of Lib- 
erty, Equality, and Fraternity, at whose Ithuriel touch, nations 
have, during the past year, been literally " born in a day." We 
boast of the successful solution of the problem of self-govern- 
ment; but we exclude from its operation, nearly a thousand of 
our citizens. It is not enough to assert, until the Indian has 
been brought within the reach, at least, if not under the full 
influence, of complete civil and political enfranchisement, that it 
will not exert the same vivifying influence upon him as upon 
the Anglo-Saxon. There is a profound philosophy in the words 
of our Savior — " If any man will do the works, he shall know 
the doctrine, whether it be of God, or whether I speak of my- 
self." The operation of a system cannot be known until it has 
been fairly tried. We ask for the Indian a full share in the 



1849.] HOUSE— No. 46. 59 

rights asserted in the Declaration of Independence and our Bill 
of Rights, and guaranteed by our Constitution. If these fail, it 
will be time enough then to abandon the race, as forsaken of 
man, and cursed by God. 

We leave this subject with the guardians of the interests and 
the honor of the Commonwealth, with the chosen protectors of 
the " unfortunate children of the public." We are shut up to 
the conclusion that a system, substantially like that we recom- 
mend, is the only one which can save this people from the fate 
which has befallen nearly their whole race. Expulsion or ex- 
tinction has been the alternative. As the red man has wit- 
nessed and felt the gradual encroachment of the pale face, he 
has been compelled to say, — 

" They waste us, — ay, like April snow 

In the warm noon, we shrink away ; 
And fast they follow — as we go 

Towards the setting day ; 
Till they shall fill the land, and we 
Are driven into the Western Sea." 

We do not believe either this result, or its alternative, — ex- 
tinction, is inevitable. If, as we confidently hope, the exhibi- 
tion of the condition and wants of this people, which our ap- 
pointment has enabled us to make, shall lead to the adoption 
of a system, wisely and humanely adapted to secure their 
entire political and civil enfranchisement, and thus their 
social elevation, we should cherish our agency in the result, 
among the most pleasant memories of our lives. 

F. W. BIRD, 
WHITING GRISWOLD, 
CYRUS WEEKES. 



60 



INDIANS. 



[Feb. 



APPENDIX 



APPENDIX A. 

Names of Members of the several Tribes in the State. 



CHAPPEQUIDDIC TRIBE. 



Lawrence Prince, Aged 57 


Francis Goodrich, 


Aged 45 


Love Prince, 


45 


Joseph Johnson, 


60 


William H. Murray, 


30 


Martha Johnson, 


49 


Charlotte M. Murray, 


28 


Jerrod Summons, 


29 


James Curtis, 


30 


Simeon Goodrich, 


37 


Frances E. Curtis, . 


21 


Theodate Goodrich, 


34 


Love P. Curtis, 


2 


Louisa Goodrich, 


5 


Elizabeth Charlotte Curtis, 5 


months 


Samuel P. Goodrich, 


18 months 


Zadock Simpson, 


48 


David Belain, 


32 


Sarah Simpson, 


45 


Harriet R. Belain, . 


27 


Ann E. Simpson, 


16 


Mary B. Belain, 


4 months 


George H. Simpson, 


9 


Ferriby Harris, 


66 


Simeon Simpson, 


24 


Hannah Webquish, 


28 


Joseph Sams, 


45 


Charles Frederick Webquish, 19 ms. 


Jane Sams, 


53 


William Johnson, 


66 


Roland Sams, 


21 


Elihu Johnson, 


29 


Sophronia Sams , 


19 


Hepsah Pells, 


15 


Marilla Sams, 


16 


Margaret Peters, 


59 


Angeline Sams, 


14 


Isaac Joab, . 


35 


Joseph Sams, 


12 


Ann Joafy 


25 


Richard Gould, 


28 


Jane A. Joab, 


14 months 


Jane Saunders, 


94 


Abraham Brown, 


58 


William Jackson, 


30 


Lucy Brown, 


50 


Maria Jackson, 


32 


Charles Brown, 


32 


Jane A. Jackson, 


8 


Betsey Gardner, 


25 


Jackson, . 3 


months 


Salome Brown, 


23 


Daniel T. Webquish, 


24 


James W. Brown, 


21 


Eleanor Joseph, 


69 


Sarah Brown, 


17 



1849.] 



house—No. 46. 



61 



Emily Brown, . A 


Lged 15 


Thaddeus Cook, . Aged 23 


Raymond Brown, 


13 


Frederick Cook, 


21 


Edwin L. Brown, 


11 


Joseph Belain, 


18 


Wealthy Wamp, 


82 


William Belain, 


21 


George A. Gardner, 


27 


Anstress Belain, 


15 


Isaiah Belain, 


41 


William H. Mathews, 


31 


Laura Belain, 


31 


Margaret P. Mathews, 


23 


Isaiah Belain, Jr. 


6 


Prince W. Mathews, 


3 


Harriet Belain, 


3 


Cornelius Johnson, . 


38 


Lucre tia Belain, 


16 


Aurilla Peters, 


26 


Philean Belain, 


14 


Paul Warren, 


62 


Joseph Curdoody, 


24 


Lydia M. Brown, 


3 


Thomas Laton, 


35 


Asa Johnson, 


60 


Mary Lxton, 


26 




— 


John D. Laton, 


21 


Total, 


85 


Henry Jonas, 


22 







CHRISTIANTOWN TRIBE. 



Thomas James, . Aged 72 


Charlotte Belain, . A 


Lged 29 


Judith James, 


6 


Joseph Simpson, 


42 


Charles James, 


26 


Lovice Simpson, 


41 


George E. James, 


22 


Eliza A. Simpson, . 


18 


William S. James, . 


20 


Hannah Simpson, 


9 


John A. Spencer, 


35 


Adriana Simpson, 


8 


Francis Spencer, 


13 


John Anthony, 


30 


John Spencer, 


7 


Betsey Anthony, 


26 


Eunice Elizabeth Spencer, 


5 


Rachael Anthony, 


4 


William Grant, 


37 


Infant, 


1 day 


Mary Grant, 


14 


Asa Peters, 


34 


Charles Grant, 


12 


Aurilla Peters, 


30 


William Grant, Jr., 


8 


Leander Peters, 


9 


Samuel Mingo, 


52 


Charles Peters, 


3 


Jane Mingo, 


50 


Lydia Weeks, 


60 


Joseph Mingo, 


22 


Tristram Weeks, 


35 


Sarah A. Mingo, 


10 


Uriah Weeks, 


40 


James W. De Grasse, 


30 


James A. Weeks, 


26 


Lucinda C. De Grasse, 


8 


Charles Weeks, 


22 


Henry J. De Grasse, 5 


months 


Philura Weeks, 


25 


Francis Peters, 


67 


Sophronia Weeks, . 


30 


Hepzibeth Peters, 


60 


George W. De Grasse, 


24 


Martha Peters, 


37 


Frances De Grasse, . 


28 


Almira Peters, 


23 




— 


Asa Belain, 


30 


Total, 


48 



62 



INDIANS. 



[Feb. 



GAY HEAD TRIBE. 



Lewis Cook, 


Aged 38 


Caleb Rodman, 


Aged 2 


Abiah Cook, 


27 


Leander Bassett, 


39 


Jane Cook, . 


8 


Huldah Bassett, 


41 


Jonathan Francis, 


50 


Julia Bassett, 


10 


Simon Johnson, 


33 


Moses Bassett, 


4 


James Boyer, 


34 


Esther Bassett, 


1 


Mehitable Boyer, 


37 


Bethiah Bassett, . » 


I weeks 


John Williams, 


50 


John Devine, 


35 


Sophronia Williams, 


45 


Parnal Devine, 


38 


John Thompson, 


22 


John Devine, Jr., 


13 


Hebron Wamsley, Jr., 


28 


Avis Devine, 


9 


Eleanor Wamsley, . 


27 


Parnal Devine, 


2 


Celestine Wamsley, 


8 


Aaron Cooper, Jr., . 


28 


Tolman Wamsley, . 


7 


Phebe Cooper, 


16 


Amy Wamsley, 


4 


Isaac Cooper, 


5 


Lavina Wamsley, 


r 


Thomas Cooper, 


73 


Esther Howaswee, . 


52 


Jane Cooper, 


67 


Winifred Howaswee, 


18 


Martha Cooper, 


23 


John Salisbury, 


62 


Zaccheus Cooper, 


24 


Abiah Salisbury, 


56 


Lucy C. Oooper, . 2 


months 


Johannes Salisbury, . 


22 


George Cooper, 


30 


Emily Salisbury, 


18 


William A. Yanderhoop, 


32 


Druzilla Salisbury, . 


16 


Beulah Yanderhoop, 


33 


Mehitable Ames, 


65 


Louisa Yanderhoop, . 


10 


Patience Cershom, . 


68 


William Yanderhoop, 


8 


Johnson Peters, 


66 


Paulina Yanderhoop, 


6 


Mary Peters, 


65 


John Yanderhoop, 


4 


Prince Johnson, 


48 


Anna Yanderhoop, . 


2 


Eliza Johnson, 


40 


Edwin Yandorhoop, . 8 


months 


Peter Johnson, 


10 


Aaron Cooper, 


56 


Jonathan Johnson, 


8 


Abiah Cooper, 


48 


Algernon S. Johnson, 


6 


Belinda Cooper, 


9 


Jane Johnson, 


4 


Remember Cooper, . 


96 


Julia Johnson, 


3 


Samuel Peters, 


38 


Methia Johnson, 


3 months 


Sarah Peters, 


36 


Isaac D. Rose, 


37 


Samuel Peters, Jr., . 


8 


Harriet A. Rose, 


27 


Jesse Peters, 


6 


Infant, . 


10 days 


Johnson Peters, 


4 


Abram Rodman, 


40 


Amos Peters, 


2 


Charlotte M. Rodman, 


34 


Simon Johnson, 


54 


Mary Jane Rodman, 


7 


Alexander Brown, 


75 


Benjamin Rodman, . 


4 


Patrick Devine, 


38 



1849.] 



HOUSE— No. 46. 



63 



Louisa Devine, 


Aged 22 


Joseph Jerrod, 


Aged 5 


Mercy A. Devine, 


4 months 


Abraham Jerrod, 


24 


Tristram Weeks, 


45 


Joel Jerrod, . 


22 


Tamerzane Weeks, . 


40 


Diadama Madison, 


40 


Triphosia W r eeks, 


10 


Anna J. Madison, 


12 


Elizabeth Weeks, 


3 


Charles Madison, 


8 


Mary James, 


34 


Charlotte Madison, . 


7 


Lucina James, 


15 


Isaac Madison, 


4 


Patience Cole, 


66 


Zaccheus Howaswee, 


56 


Fanny Cole, 


36 


Elizabeth Howaswee, 


38 


John Cole, 


5 


Francis Mingo, 


16 


Tirzah Cole, 


8 months 


Hebron Wamsley, 


62 


George David, 


40 


Jane Wamsley, 


50 


Louiza David, 


34 


Isaac Johnson, 


40 


Elizabeth C. David, 


15 


Sarah Johnson, 


38 


Lydia David, 


11 


Thomas Green, 


11 


Rosanna David, 


9 


Beulah Aucouch, 


35 


Philena David, 


7 


Hepsibah Aucouch, . 


33 


Alexander David, 


4 


Child, do. 


5 


Prudence David, 


7 months 


Elizabeth Dodge, 


41 


Amos Jeffers, 


64 


Bathsheba Hoskins, . 


50 


Lydia Jeffers, 


30 


George Belain, 


39 


Alice Jeffers, 


24 


Sophia Belain, 


32 


Leonard Jeffers, 


20 


Melissa Belain, 


12 


Thomas Jeffers, 


22 


George Belain, 


8 


Absalom Nevers, 


25 


Betsey Belain, 


5 


Louisa Nevers, 


20 


Peter Belain, 


li 


Ann E. Nevers, 


4 


William Belain, 


20 


Julia Corsa, 


35 


Joseph Belain, 


18 


Abby A. Corsa, 


7 


Francis Sylvia, 


40 


Moses Corsa, 


4 


Leonora Sylvia, 


29 


Lavelon Corsa, 


35 


Henry P. Sylvia, 


6 


Thomas Cooper, Jr. 


45 


James Sylvia, . 18 


months 


Thomas Manning, 


40 


Joel Sylvia, . . 6 


(4 


Alvin Manning, 


32 


Lydia Johnson, 


65 


Roxa Manning, 


26 


Anthony Jordan, 


40 


Marshall Manning, 


2 


Hepsibeth Jordan, 


36 


Abel Manning, 


35 


William Jeffers, 


40 


Almira Manning, 


25 


Laura Jeffers, 


34 


Mary Manning, 


. . 39 


, Laura A. Jeffers, 


10 


Willard Shepherd, 


55 


James Jeffers, 


14 


Clara Shepherd, 


42 


Mary C. James, 


6 


Mary Ann Shepherd, 


5 







Josiah Jerrod, 


46 


Total, 


174 


Olive Jerrod, 


44 







64 



INDIANS. 



[Feb. 



MARSHPEE TRIBE, 



Nancy Williams, . A 


.ged 55 


Diadama Toby, . A 


.ged 41 


Louisa Williams, 


22 


Ebenezer Toby, 


22 


Minerva Williams, . 


20 


Mary Toby, . 


24 


Gilbert Williams, 


18 


Oaks A. Toby, 


18 


Alexander Williams, 


12 


Sylvanus Toby, 


16 


Emily Jackson, 


27 


Watson Toby, 


14 


Thomas Jackson, 


25 


Margaret Toby, 


13 


Mary Jackson, 


3 


Elisha Toby, 


8 


Josephine Williams, 


2 


Ephraim Jerrod, 


107 


Alfred Amee, 


60 


Joseph Toby, 


31 


Naomi Amos, 


53 


Rachel Toby, 


12 


Henry Amos, 


11 


Henrietta Toby, 


10 


Jesse Webquish, 


66 


Sarah Toby, 


8 


Prudence Webquish, 


46 


John Toby, 


5 


William Webquish, 


17 


Jedediah Toby, 


3 


Jesse Webquish, 


22 


William Jones, 


33 


Levi S. Webquish, . 


id 


Achsa Jones, 


27 


Hannah P. Webquish 


13 


Mary Jones, . 3 


months 


Kilborn W. Webquish, 


10 


Israel Amos, 


59 


Naomi A. Sanford, . 


21 


Polly Amos, 


58 


Elijah W. Pocknet, 


28 


James Amos, 


42 


Betsey Jordan, 


83 


Persis Amos, 


32 


Joseph Mills, 


70 


David Robins, 


18 


Dorcas Mills, 


24 


Thomas James, 


48 


William H. Mills, . 


5 


Betsey James, 


60 


James S. Mills, 


3 


Solomon Attaquin, . 


40 


Elizabeth S. Mills, . 


2 


Cynlhia Attaquin, 


34 


Timothy Pocknet, 


45 


Melissa Attaquin, 


10 


Martha Lee, 


30 


Ebenezer Attaquin, Jr., 


37 


William H. Simon, . 


35 


Rodolphus Attaquin, 


6 


Lucy M. Simon, 


22 


Lewis Attaquin, 


4 


Love A. Simon, 


2 


Ezra Attaquin, 


60 


Daniel S. Simon, . 3 


months 


Sarah Attaquin, 


58 


Susan Nys, . 


27 


Ezra Attaquin, Jr., . 


25 


Oaks A. Coombs, 


39 


Sarah Attaquin, 


20 


Dinah B. Coombs, 


25 


Rhoda Attaquin, 


17 


Maria A. Coombs, . 


7 


Watson Hammond, . 


12 


George R. Coombs, . 


5 


George Ockry, 


30 


Daniel C. Coombs, . 


3 


Betsey Ockry, 


28 


Darius Coombs, 


3 


Euphrasia A. Ockry, 


4 


William Cetum, 


15 


Martha Sammons, 


85 


Joseph Toby, 


53 


John D. Brown, 


34 



1849.] 



HOUSE— No. 46. 



65 



Sarah Brown, . A 


ged 39 


Isaac Jones, . 


Azariah Brown, 


2 


Mary Jones, 


Emeline Brown, . 3 


months 


Oliver Foller, 


Joseph Amos, 


43 


Betsey Foller, 


Abigail Amos, 


44 


Sarah Foller, 


Anna F. Amos, 


14 


Anna Sewall, 


Rebecca Amos, 


13 


Thomas Sewall, 


Isaac C. Amos, 


8 


Moses Pocknet, 


Sarah B. Amos, 


5 


Mary Pocknet, 


Cordelia Amos, 


3 


Alexander Pocknet, 


Noah Keeter, 


21 


Philena Pocknet, 


Gideon Tompom, 


42 


Phebe Pocknet, 


Mahala Tompom, 


28 


Sarah Pocknet, 


Jacob Tompom, 


10 


Grafton Pocknet, 


Sarah A. Tompom, . 


7 


Susan Pocknet, 


Celia Tompom, 


6 


Reliance Pocknet, 


Eusebia Tompom, 


3 


Henrietta Pocknet, 


Lucinda Tompom, . 8 


months 


Triphosia Pocknet, 


Ebenezer Attaquin, . 


67 


John Odiorne, 


Leah Attaquin, 


57 


Mercy Odiorne, 


Benjamin Attaquin, . 


35 


Sylvia Casco, 


Elizabeth Attaquin, . 


19 


Sally Herrett, 


Pamela Attaquin, . 2 


months 


Hannah Herrett, 


Abner Hicks, 


64 


Esther Cowit, 


Sally Hicks, 


64 


Jacob Cowit, 


Eleanor Hicks, 


24 


Daniel Quippish, 


Amanda Hicks, 


1 


Abiah Quippish, 


Jeremiah Hicks, 


41 


Joseph Quippish, 


Hebron Hicks, 


32 


Isaac Simon, 


Mercy Hicks, 


30 


Ebenezer Low, 


Jerusha Hicks, 


11 


Cela Low, 


Sarah A . Hicks, 


8 


Polly Cetum, 


Thomas Hicks, 


5 


Aaron Keeter, 


Melora Hicks, 


4 


Mary Keeter, 


Frances Hicks, 


64 


Nicholas Keeter, 


Bersha Hicks, 


55 


Solomon Keeter, 


Patience Gardner, 


36 


James Keeter, 


Horace Gardner, 


4 


Lydia Keeter, 


Andrew Gardner, . 6 


months 


Sylvester Keeter, 


Ophelia Caesar, 


62 


Mercy H. Keeter, 


Joseph Caesar, 


42 


Samuel Godfrey, 


Lucy Caesar, 


18 


Hannah Godfrey, 


Anthony Hinson, 


60 


Lysander Godfrey, 


William Hinson, 

9 


50 


Alonzo Godfrey, 



66 

Melissa Godfrey, 
James Godfrey, 
William Holland, 
Mary A. Holland, 
James Lippitt, 
Sarah Lippitt, 
Spencer Edwards, 
Jane Edwards, 
Lydia Jackson, 
Nathan S. Pocknet, 
Charles De Grasse, 
Christina De Grasse. 
Elias De Grasse, 
Susan De Grasse, 
Jacob Apells, 
Mary Apells, 
James H. Apells, 
Silas P. Apells, 
Foster Apells, 
Olive Apells, 
Mary F. Apells, 
Gustavus Apells, 
Diana Wilbur, 
David Wilbur, 
Amy Wilbur, 
Joseph Wilbur, 
James Wilbur, 
Adeline Apells, 
James Apells, 
Joanna Cowit, 
William Taylor, 
Martha Keeter, 
Joseph Mills, 
Dorcas Mills, 
William Mills, 
James Mills, 
Elizabeth Mills, 
David Mys, . 
Margaret Mys, 

Child, 
John Young, 
Sophronia Young, 
Lucy Ann Young, 
Anstress Young, 



18 



INDIANS. 


[Feb. 


Aged 3 


Fanny Young, 


Aged 4 


1 


Elizabeth Young, 


H 


55 


Robert Williams, 


55 


47 


Solomon Webquish, 


24 


46 


Alice A. Webquish, 


22 


40 


Isaac Simon, Jr., 


55 


30 


Matilda Simon, 


54 


26 


Peter Squib, 


40 


63 


Joseph Squib, 


50 


40 


Thomas Jonas, 


48 


41 


Rosanna Jonas, 


33 


67 


Nancy Jonas, 


5 


32 


Lot C. Jonas, 


4 


30 


Cornelius Jonas, 


3 


39 


Jeremiah Mys, . - 


65 


34 


Hannah Mys, 


64 


14 


Sampson Alves, 


49 


10 


Hannah G. Alves, 


48 


8 


Charles F. Alves, 


21 


4 


Rebecca J. Alves, 


19 


2 


Ezekiel Alves, 


16 


months 


Clarissa Alves, 


4 


24 


Matthias Amos, 


30 


65 


Clarissa Amos, 


25 


55 


Daniel Q. Amos, 


11 


25 


Clarinda Amos, 


5 


18 


Infant, . . 1 


J weeks 


28 


Daniel B. Amos, 


45 


6 


Delia Amos, 


20 


. 104 


Joseph Gardner, 


60 


60 


Patience Gardner, 


30 


45 


Elizabeth Gardner, . 


17 


60 


Oliver Gardner, 


12 


22 


Ruth Gardner, 


70 


5 


James Gardner, 


8 


4 


Elizabeth Jackson, 


50 


months 


Nancy Jackson, 


34 


50 


Ebenezer Jackson, 


16 


30 


William Mingo, 


64 


10 


Leah Mingo, 


57 


35 


Walter Mingo, 


10 


34 


George Mingo, 


77 


18 


Mary A. Brown, 


37 


7 


Russell Brown, 


6 



1849.] 



HOUSE— No. 46. 



67 



Philander Brown, Aged 15 months 


Susan Boyer, 


Aged 8 


Joshua Pocknet, 


30 


Henry Boyer, 


5 


Harriet Pocknet, 


30 


James Boyer, 


4 


Simon Low, . 


38 


Simon Keeter, 


32 


Mercy Low, . 


33 


Lydia Keeter, 


28 


Mary Low, . 


10 


Abigail Moses, 


73 


Rosette Low, 


8 


John Hazard, 


87 


Uriah Low, . 


8 


Bethia Hazard, 


64 


Susanna Low, 


3 


John Hendrick, 


30 


Cometa Low, 


9 months 


Chloe Hendrick, 


30 


John Mys, 


30 


Henry Hendrick, 


17 


Lydia Mys, . 


25 


Isaac Hendrick, 


12 


Martha A. Mys, 


3 


Divers Quippish, 


58 


Infant, 


8 months 


Betsey Quippish, 


23 


James Mys, . 


28 


Peter S. Foller, 


41 


Thomas Mys, 


20 


Dinah Foller, 


47 


William Mys, 


18 


Leah Quippish, 


20 


Joseph Whiting, 


49 


John Quippish, 


33 


Jane Whiting, 


38 


Leah Quippish, 


36 


Isabella Whiting, 


12 


Priscilla Quippish, . 


3 


Gilbert Whiting, 


9 


Christopher Hinson, . 


65 


Susanna Whiting, 


7 


Susanna Hinson, 


65 


Henry Boyer, 


40 







Ophelia Boyer, 


34 


Total. 


305 



HERRING POND TRIBE. 



Phebe Conet, . Aged 48 


Betsey Hersh, . Aged 25 


William Conet, 


18 


Cyrenus Hersh, 


18 


Adrian T. Csesar, 


10 


Cordelia Hersh, 


13 


Benjamin F. Conet, . 


5 


Theodore Hersh, 


8 


Thomas J. Fletcher, 


40 


Mary Hersh, 


5 


Maria Fletcher, 


37 


William Thompson, 


26 


Georgiana Fletcher, 


15 


Sarah Thompson, 


22 


Maria E. Fletcher, . 


13 


William Carter, 


90 


Sarah A. Fletcher, . 


12 


Ralph Blackwell, 


38 


Nathan J. Fletcher, . 


10 


Sally Blackwell, 


40 


Augustus R. Fletcher, 


6 


James H. Blackwell, 


13 


Julia A. Fletcher, 


4 


Roland T. Gardner, 


39 


Thomas Hersh, 


45 


Jane F. Gardner, 


43 


Mary Hersh, 


50 


John C. Gardner, 


19 



68 


INDIANS. 


[Feb. 


Foster Gardner, . I 


Lged 18 


David Parker, 


Aged 3 


Phebe A. Gardner, . 


16 


Samuel Wood, 


48 


Roland T. Gardner, . 


14 


Abigail Wood, 


45 


Eliza J. Gardner, 


12 


Lydia Fowler, 


70 


Isabella Gardner, 


10 


Clarissa Joseph, 


50 


Helen F. Gardner, . 


8 


Love Joseph, 


21 


Russel G. Gardner, . 


4 


Joseph, 


18 


Solomon Bartlett, 


63 


Mary Joseph, 


16 


Betsey Bartlett, 


48 


Joseph Saunders, 


42 


Andrew Bartlett, 


28 


Love Saunders, 


38 


Ephraim Johnson, 


42 


Dorcas Saunders, 


10 


Salome Johnson, 


45 


Robert Courtland, 


16 


Anthony Johnson, 


10 




— 


George Johnson, 


6 


Total, 


55 


Catherine Parker, 


39 







FALL RIVER TRIBE. 



Mahala Page, . A 


Lged 36 


Sarah Crank, . A 


L ged 52 


George Page, 


15 


Mark A. H. Crank, . 


21 


Barton Page, 


12 


Catherine C. Crank, 


20 


Charles Page, 


8 


Thomas M. Crank, . 


18 


William Page, 


7 


Rebecca Allen, 


60 


Cynthia Cuffee, 


74 


Adam Allen, 


65 


Ruth Cuffee, 


68 


Pamela Simonds, 


40 


David Perry, 


54 


Mary Simonds, 


58 


Hannah Perry, 


55 


Daniel Slade, 


51 


Lewis Perry, 


30 


Lucretia Slade, 


41 


David Perry, Jr., 


23 


Sarah Slade, 


35 


Josephus Perry, 


20 


Hagar Talbot, 


60 


William Perry, 


27 


Jemima Freeman, 


55 


Louisa Perry, 


30 


Lucy Terry, . 


44 


Catherine Perry, 


U 


Stephen Terry, 


40 


Persis Crank, 


49 


Maria Terry, 


42 


Henry Crank, 


39 


Jane Lyndsay, 


38 


Eunice Crank, 


39 




— 


William H. Crank, . 


21 


Total, 


37 


Jane Crank, 


16 







1849.] 



HOUSE— No. 46. 



69 



DUDLEY TRIBE, WEBSTER, MASS. 



Rhoda Jaha, . Aged 32 


Barzillai Willard, . Aged 28 


Martha A. Jaha, 


15 


Persis Willard, 


7 


William H. Newton, 


7 


James Willard, 


5 


Joseph E. Bowman, 


2 


Willard Willard, 


2 


Esther Humphrey, . 


74 


Abigail Robbins. 


68 


Elizabeth Humphrey, 


45 


Huldah Kile, 


38 


George Humphrey, . 


23 


Alexander Kile, 


15 


Mary Humphrey, 


20 





10 


Cyrus Humphrey, 


24 


James E. Belden, 


30 


Ann Humphrey, 


30 


Nancy Belden, 


25 


Amy Freeman, 


40 


James E. Belden, Jr.. 


10 


Melansa Freeman, 


21 


Frances Belden, 


8 


Mercy Freeman, 


22 


Belden, . 


5 


Theophilus Freeman, 


15 


Sarah Sprague, 


55 


Elizabeth Freeman, 


12 


Lydia A. Sprague, . 


19 


Luke Freeman, 


39 


Israel Sprague, 


15 


Ira Freeman, 


22 


Matilda A. Maria Nichols, 


2 


Mary Freeman, 


19 


Henry Hall, . 


63 


Daniel C. Jaha, 


37 


Matilda Hall, 


58 


Mary Jaha . 


34 


Ezra Pichens, 


4 


Julia Daily, . 


40 


Noyes B. Shelby, . 


8 


Augustus Daily, 


9 


Aaron Humphrey, 


50 


Levi Jaha, 


36 




— 


Rebecca Willard, 


30 


Total, 


48 



GRAFTON TRIBE. 



Henry Arnold, . Aged 60 


Sarah M. Cisco, . / 


iged 29 


Sarah Arnold, 


57 


James L. Cisco, 


2 


James L. Arnold, 


26 


Zona Gimba, 


50 


Patience P. Arnold, 


19 


James Heetor, 


56 


Joanna Arnold, 


30 


Susanna Heetor, 


45 


Mary A. E Arnold, 


25 


John C. Heetor, 


32 


Gilbert Walker, 


30 


Julia A. Heetor, 


34 


Sarah Walker, 


29 


Richard A. Heetor, . 


24 


Sarah E. Walker, 


5 


Elizabeth Heetor, 


23 


Samuel Cisco, 


39 


Peter E. Heetor, 


2 



o 



INDIANS. 



[Feb. 



Moses C. Heetor, 
Simon F. Heetor, 
William H. Heetor, 
Asa E. Heetor, 



Aged 18 Susan J. Heetor, 

10 Cornelia A. Heetor, 

14 

12 Total, 



Aged 10 
8 



YARMOUTH TRIBE. 



Samuel Baker, . Aged 


Russel Baker, 


Aged 9 


Sophronia Baker, 


34 


Abby M. Baker, 


7 


Jane Baker, . 


9 


Stephen A. Baker, . 


4 


William Henry Harrison Bak 


er, 7 


Ezeriah Baker, 


1 


Martha Emily Baker, 16 months 


Barzillai Cash, 




Thatcher Baker, 


4 


Deborah J. Cash, 




Thomas Nickerson, . 


61 


Charles Edward Cast 


9 


Sally Nickerson, 


58 


Barzillai Cash, 


6 


Desire M. Nickerson, 


4 1 


Leander Cash, 


5 


Sophia Nickerson, 


36 


Lucy A. Cash, 


3 


Simeon Nickerson, . 


34 


Deborah J. Cash, 


16 months 


Russel Nickerson, 


31 


Samuel Cobb, 




Deborah J. Nickerson, 


29 


Polly Cobb, . 




David Nickerson, 


27 


Samuel Cobb, Jr., 


6 


Polly Nickerson, 


25 


Edward Cobb, 


4 


Elizabeth Nickerson, 


24 


John Cobb, 


2 


Allen Cobb, . 


40 


William Taylor, 




Sally Cobb, . 


31 


Desire Taylor, 




Susannah Greenough, 


29 


Freeman Taylor, 


16 


Thomas Greenough, 


3 


Thomas Taylor, 


12 


Heman Rogers, 




Emily Taylor, 


14 


Deborah Freeman Rogers, 


27 


Susan Taylor, 


10 


John G. Rogers, 


2 


William Albert Tayl< 


ir, . 4 


John Brooks, 




Julia Taylor, 


17 months 


Nancy Brooks, 




William Nickerson, 




Louisa Brooks, 


16 


Susan Nickerson, 




John Brooks, 


14 


Thomas B. Nickerso 


i, . 26 


Mary A. Brooks, 


11 


Frederick E. Nickers 


on, . 22 


Sylvester Brooks, 


7 


Susan J. Nickerson, 


18 


William Brooks, 


5 


Joseph Nickerson, 


14 


Ezra Baker, . 






— 


Sophia Baker, 




Total, 


62 



1849.] HOUSE— No. 46. 71 



APPENDIX B. 

We addressed to the Commissioners of the Marshpee District, and 
to the guardian of the Chappequiddic, Christiantovvn, and Fall River 
Tribes, the following questions. Their answers are given in full. 

1st. What is the present condition of your tribe, and how does it 
compare with what it has been in former years ? 

2d. What peculiar laws are now in force in relation to the tribe, 
different from the general laws of the Commonwealth? Under what 
disabilities are they placed? Should they be continued? If not, how 
can they be removed? 

3d. Is the present system of guardianship adapted to promote the 
best interests of the tribe ? If defective, wherein ? Would you recom- 
mend its continuance, modification, or abolition ? If either the two 
latter, what change or substitute? 

4th. Is the tribe capable of self-government? and would you rec- 
ommend the extension to it of the privileges of citizenship, with all its 
liabilities? 

5th. Is the land held in severalty, or in common? If both, what 
amount of each ? What is the whole amount of territory belonging to 
the tribe? What portion of it is public property ? What other public 
property belongs to the tribe ? What are the several sources of public 
income, and what the total amount ? 

6th. How many paupers? If supported by the tribe, how, and at 
what expense ? If by the state, at what cost ? Is the present system 
of supporting the paupers deficient in any respect? If so, wherein? 
Can any thing be done to prevent or diminish pauperism ? 

7th. Does the tribe, or any portion of it, suffer from contact or in- 
tercourse with the whites? If so, in what respect, and what is the 
remedy ? 

8th. Is there any trouble about fences, boundaries, or titles to their 
lands? If so, of what kind, and what is the remedy? 

9th. What, in your opinion, has been, and is the effect of the ad- 
mixture of foreign, or negro blood, by intermarriage? 

10th. Are there any disputes or litigation among the tribe? If so, 
of what kind, and to what extent? and what remedy would you pro- 
pose? 

11th. What are the principal avocations or employments of the 



72 INDTANS. [Feb. 

tribe ? What are their habits as to industry, economy, and thrift, and 
do they generally receive a comfortable support? 

12th. What is the condition of the tribe as to health, and what are 
their facilities for medical advice? 

13th. What are the habits of the tribe as to chastity and temper- 
ance ; and how do they compare with their past condition in these re- 
spects ? 

14th. What is the condition of the schools? How long kept? 
What amount of money raised by the tribe, and what amount received 
from the State, or other sources? 

loth. What amount of preaching, or other opportunities of relig- 
ious teaching is enjoyed? What amount of money is raised by the 
tribe, and what amount by the State, or societies, for this purpose ? 

16th. Can you suggest any measures which the Legislature can 
adopt to increase the productiveness of the lands of the tribe? in a word, 
to improve the physical, intellectual, or moral condition of the tribe. 

17th. Please state generally such facts, and make such suggestions, 
as may occur to you, in relation to the condition and wants of the 
tribe, and the means of its improvement. 



Letter from Mr. Thaxter. 

Edgartown, Dec. 28th, 1848. 

Dear Sir, — In compliance with your request, under date of 11th 
inst, I improve the first leisure moment to reply to the several inquiries 
therein contained. 

Reply to Question 1st. They are generally moral, intelligent, and 
industrious, conducting their affairs with prudence and economy. 
They live in good frame buildings, comfortably furnished, and pro- 
vided with most of the necessaries of life. Formerly, they were gen- 
erally licentious, and immoral, given to intemperance, and other vices, 
and comparatively indolent and idle, frequently not having the neces- 
saries of life. 

Reply to Question 2d. They are now under the special act of 
March 10, 1828, which, in most of its provisions, seems well adapted 
to their present condition ; but it seems to me that Art. 3d, of Sec. 
4th, should be expunged from the Statute ; the provision in the gener- 
al laws being amply sufficient. 



1849.] HOUSE— No. 46. 73 

They cannot sell their lands, neither can they make any contract 
that is binding, without the approbation and consent of the guardian. 
These are salutary prohibitions, and satisfactory to the Indians. 

I am of opinion that the law of 1828, except Art. 3, Sec 4, should 
remain for the present. I come to this conclusion after much consid- 
eration, believing that it accords with the feelings and wishes of the 
Indians. 

I come to the foregoing conclusion, partly from the fact that no 
tribe gives evidence of so great moral and intellectual attainments, or 
of so much industry, thrift, comfort, and happiness, as the Chappe- 
quiddic and Christiantown tribes, who are governed by said Act. 
They are rapidly advancing from a state of ignorance and vice, to the 
dignity of men and women. 

Reply to Question 3d. I think the present system of guardianship 
is adapted, for the present, to promote the best interests of the Indians, 
but much must depend upon the character of the guardian. 

Should the Act of 1828 be repealed, it seems to me, that it should 
be done prospectively, on the petition of a majority of the Indians ; that 
provision should be made for the settlement of all difficulties between 
them and the neighboring whites, especially at Chappequiddic, where 
the divisional line fence, between the Indians and whites, is frequently 
a source of trouble, anJ sometimes litigation ; the whites, often ne- 
glecting, though required by law, to make and maintain said fence. 
You are aware that the Indians, at Christiantown, have their lands 
well fenced with stone wall; but that very little land is fenced at 
Chappequiddic, there being no material for that purpose. 

At Chappequiddic, the cattle graze in the tethering rope, except 
during winter. 

Repty to Question 4th. I think the tribes are capable of self-gov- 
ernment, but not to the extent that more enlightened, and better in- 
formed communities are. 

I think the extension to the Indians of the privilege of citizenship, 
with all its liabilities, would not be beneficial to them, and that they do 
not, at present, desire it. 

Several of them enjoy the privileges of citizenship, in consequence 
of owning land not within the Indian territory. 

Reply to Question 5th. A portion of the lands is held in severalty, 
and part in common. By examining the Report of the Commission- 
ers, appointed under the Act of 1828, deposited in the office of the 
Secretary of the Commonwealth, you will see the division of the land, 
10 



74 INDIANS. [Feb. 

to the several persons therein named, the quantity of land undivided, 
and in common, and that set off for public uses. 

The annual income of public land, at Christiantown, or Chappequid- 
dic, which is their only public income, does not exceed fifteen (15) 
dollars. This sum is expended annually, in assisting the needy. 

Reply to Question 6th. There are, at present, but two persons, 
both of whom are at Chappequiddic, who require permanent assist- 
ance. One is Jane Saunders, some 85 years old ; the other William 
Johnson, about the same age; the former, blind, the latter, nearly 
blind. Jane receives seventy-eight (78) dollars, and William fifty (50) 
dollars a year, from the State. 

Although the Act of 1828 provides for assessing taxes for the sup- 
port of the poor, none have yet been assessed. They prefer to do what 
they can to assist the needy, by private charity. They are kind and 
considerate towards each other, in sickness and poverty, 

Reply to Question 7th. I do not know that the Indians suffer from 
any illicit intercourse with the whites. 

Reply to Question 8th. See reply to Question 3d, in part. The 
principal trouble, as to title, occurred last fall. The Commissioners, 
after dividing the lands, thought proper to say, (see the Report of the 
Commissioners,) " The privilege of picking cranberries shall ever re- 
main free for the Indians, and people of coloi ; but none shall be de- 
barred from making any improvement upon cranberry swamps, within 
their respective territories, which shall render them more beneficial to 
their interest." 

At the time, there were a few cranberries on land set off to Ferribee 
Harris. By cutting out the brush, and clearing the land, \he cranber- 
ries have gradually increased, so that the annual produce is now from 
8 to 15 bushels. 

Three of the Indians thought they had a right to pick these cran- 
berries. I told them they had not, and advised them not to meddle 
with them, but they persisted, and picked them, having been advised 
by some white persons to do so, as it was plain, (as they said,) that 
they had the right. 

In my opinion, the Commissioners transcended their authority, — 
the incumbrance was inconsistent with the enjoyment of the land. I 
shall probably be compelled to take some legal measures to settle this 
matter. 

A Resolve was passed, March 4, 1830, authorizing Daniel Fellows, 
Jr., guardian, to bring suit against the whites, who would not make 



1849.] HOUSE— No. 46. 75 

their share of the divisional line fence ; but it is thought to be inade- 
quate, and has never been tested. Perhaps, a law authorizing the 
guardian, whenever the whites neglect to make, and maintain, said 
fence, to make and maintain it, at the expense of the whites, would be 
best. 

Reply to Question 9th. I think the admixture of negro, or foreign 
blood, by intermarriage, has been beneficial. 

Reply to Question 10th. There are occasionally disputes, but are 
generally settled by the guardian, without litigation. 

Reply to Question 11th. Their principal avocation is farming. A 
few of the younger men go to sea, in the whaling business. These 
latter are not so provident and moral as the former. Some of the 
young women go out to service, in families, and are much esteemed as 
help. 

Reply to Question 12th. They are generally healthy, but when 
medical assistance is required, they have to send from three to ten 
miles, for a physician. 

Reply to question 13th. They are chaste, and temperate, with few 
exceptions, and compare favorably with the neighboring whites. For- 
merly, it was far otherwise. 

Reply to Question 14th. Their schools are well kept, and generally 
well attended. Their capacity for receiving instruction is equal to the 
whites, of the same class. Their schools are kept from three to four 
months, and supported by moneys received from the State, amounting 
to about forty-six (46) dollars, annually, to each of the two tribes. 

Reply to Question 15th. Formerly, the Society for Propagating the 
Gospel, sent missionaries to the Indians, viz : at Narraganset, Gay 
Head, Christiantown, and Chappequiddic ; but, in consequence of cer- 
tain difficulties, they discontinued the mission, some few years ago. The 
Indians frequently hold meetings among themselves, and the more gift- 
ed exhort and pray. Occasionally, some one preaches to them. No 
money is raised by them, or the State, for the support of the Gospel. 

Reply to Question 16th. I cannot now make any practical sug- 
gestion, in reply to this question, except one relative to their fences. 
At Christiantown, their lands are well fenced with stone wall, and are 
productive, yielding a competence to the industrious and prudent. 

At Chappequiddic, they have no means wherewith to fence their 
land but by buying posts and rails. Some have done so, but others 
are unable, which lays those who can, under great disadvantage, as they 
cannot compel their neighbor to make his half. 



76 INDIANS. [Feb. 

A two-rail fence, the material for which would cost seventy-five 
cents a rod, would be amply sufficient, as they keep no sheep. If the 
State would furnish them with the material for such a fence, they 
would be able to erect and maintain it, and they would thereby be en- 
abled to improve their lands to much greater advantage, and prevent 
many unpleasant disputes, which now arise, mainly from the fact, that 
they are compelled to pasture their cattle in the rope. Such a fence 
would, unquestionably, greatly improve their moral condition also. 

Reply to Question 17th. I have endeavored to reply to your several 
questions, respecting the Christiantown and Chappequiddic Indians, 
and it would, in truth, be gratifying to me, if I w r ere able to suggest 
something more tangible, for the improvement of the physical, intel- 
lectual, and moral condition of the Indians. 

As the different tribes are surrounded with so many different circum- 
stances, it seems necessary, to a proper understanding of the subject, 
that each tribe should be considered separately, excepting the tribes at 
Christiantown and Chappequiddic. They are both surrounded with a 
white population, with whom they have intercourse, the tendency of 
which, is, to assimilate them in manners, customs, &,c. 

The Gay Head Indians are differently situated. They live on a 
peninsula, and have little intercourse with the whites: consequently, 
they are more peculiar in their manners and customs, and are not so 
far advanced in the art and science of agriculture, as the two first- 
mentioned tribes. 

They are extremely jealous of the whites, and not without cause. 
By Sec. 11th of the Act of 18*28, it is provided that the Act aforesaid 
may extend to the Gay Head tribe, but owing to certain difficulties with 
former guardians, they have not, and I think they will not, accept of 
the said Act for their government. Time will not permit me to en- 
large. I have not time for revision, and having written " currentt 
calamo," I pray excuse me if I have not fully met your expectations. 

Very respectfully, yours, &,c, 

LEAVITT THAXTER. 

F. W. Bird, Esq., Chairman of Indian Commission. 



1849.] HOUSE— No. 46. 77 

APPENDIX C. 

Letter from Mr. Marston. 

Marston's Mills, December 22, 1848. 
F. W. Bird, Esq., 

Dear Sir, — Your communication, making certain inquiries respect- 
ing the Indians under my supervision, dated 11th instant, I duly 
received. In reply, I have to say, in reference to the two tribes, the 
Herring Pond Indians and the Marshpee Indians, of which I have the 
care, as follows : — 

^o question 1. The present condition of the Marshpee tribe is 
what most of them call tolerably good, but it is not so good as could 
be wished. Nothing is wanted to improve it, but their own industry, 
economy and sobriety. When compared with the past, their condition 
is better, in some respects, in others not so good. Their wood is 
nearly all cut off, as the Commissioners already have seen. 

The condition of the Herring Pond tribe is much better than in 
times past. 

2. See Act of 1834, and Act, March 3, 1842, in relation to Marsh- 
pee. They are placed under no disabilities, except what they wish, 
or most of them. They desire no alteration in their laws, nor do I 
think their good requires any. They do not consider themselves 
under guardianship. 

3. They do not wish any alteration in the law, in regard to the 
Commissioner — they wish it to remain, believing it to be for their best 
interest. They desire such an officer to have a general oversight of 
their affairs, that they may not be led astray by designing white men, 
in various matters. They need aid, particularly in pauper cases. 
In one instance, they might have been saddled with a whole family 
but for the untiring opposition of the Commissioner. A tract of land 
was about to be taken from the Herring Pond Plantation, worth thou- 
sands of dollars, and was saved by the efforts of the Commissioner, 
and the title settled in favor of the tribe forever. At various times, 
disastrous fires have threatened and attacked their wood, and it has 
been saved by the prompt and efficient action of the Commissioner, 
after the Indians had yielded, and left the wood to its fate. And, 
chiefly, they need the services of such an officer as treasurer, especial- 
ly to have the care of their invested funds. 



78 INDIANS. [Feb. 

4. The Marshpee tribe have all the self-government they wish. 
The greater part of them do not care to have the privilege of voting 
for State officers, nor do they want to be taxed to enable them to have 
the right of suffrage. The Herring Pond tribe certainly do not 
wish it. 

5. A small proportion of the land in Marshpee is held in common — 
the greater part in severalty — say 2000 acres in common, and 11,000 
in severalty. For the sources of public income, allow me to refer 
you to my reports, in former years, especially of the last two years. 
See Document, House of Representatives, No. 8, 1846, and Docu- 
ment, Senate, No. 21, 1848. 

6. Allow me, again, to call your attention to the printed documents, 
above referred to, in relation to paupers. I do not know as any 
thing can be done to prevent or diminish pauperism, besides what is 
doing. 

7. Contact with the whites cannot be prevented, if it were de- 
sirable. 

8. There is no trouble about boundaries or titles, except in one 
small matter, which, I think, the Commissioners have knowledge of. 

9. The admixture of foreign, or negro blood, cannot be prevented. 
The mixture has been there so long, and to such an extent, that it is 
difficult to say whether it is an injury or not. My impression is, that 
the Indian and negro races would be better off, distinct and separate. 

10. There is very little litigation, indeed. 

11. The principal avocation, or employment, is agriculture — but in 
a small way — and seafaring. Their habits of industry are not very 
good — they do not appear to care about accumulating property. 
They procure, as a general thing, what they call a comfortable sup- 
port, and, where they fail, it is because they are indolent, or intemper- 
ate, or both. 

12. They are as healthy as the surrounding white population. 
There was considerable sickness among them, last summer and au- 
tumn, as there was among the whites — as you already know, I think. 
In former years they have had a physician, paid by the year, from 
common funds, for the whole tribe. For several years past, the poor 
have had a physician, paid by the District — those able to do so pay 
from their own means. They suffer no inconvenience in procuring 
medical advice. They employ the same persons as their white neigh- 
bors, and select for themselves, among the physicians in their vicinity. 



1849.] HOUSE— NO. 46. 79 

13. Their habits of chastity I cannot state about, with any precision. 
There are very few illegitimate children — not more than one a year, 
for the last ten years — which is much less than the average in former 
years. There has been a great improvement in regard to temperance. 
In years past, more than two thirds drank freely of intoxicating liquors, 
and very few, if any, were free from the use of them. Now, few drink 
at all, and still fewer drink to excess — and much less would be used, if 
it was not furnished by the whites. Against this, there are now 
stringent penal laws in force. 

14. Their schools, generally, are good. In Marshpee, there are 
two schools, kept about six months each in the year. The average 
annual expense, for the last- ten years, has been $254 23, of which 
$160 is drawn from the State treasury. The balance is from their 
own public income. 

15. They have preaching most of the time. It is all paid for from 
money, from the income of the " Williams Fund" — $416 66 annually. 

16. I know of no measure, which I would now recommend to the 
Legislature, in regard to the Marshpee Indians, except as it relates to 
State paupers. 

17. I have spoken in reference, chiefly, to the Marshpee tribe. 
The Herring Pond Indians are in good condition, have ample means 
of living, and comfortable dwellings. Their land has some good wood 
on it — and they have more than $2000 at interest, and owe no debt. 
They have good medical aid, paid from their public treasury, a good 
school-house, and good schools. The poor and aged are well pro- 
vided for. Nothing is lacking among them, but more religious in- 
struction. They have stated preaching, once in six weeks, and other 
occasional preaching. 

I should have been pleased to have replied more fully, and, at an 
earlier day, but many engagements, and absence from home, have pre- 
vented me. 

Respectfully, your ob't serv't, 

CHARLES MARSTON. 



80 INDIANS. [Feb. 

APPENDIX D. 

Letter from Mr. Winslow. 

Fall River, Dec. 14th, 1848. 

Dear Sir, — Yours of the 12th inst. is at hand, and I must ask you 
to make all possible allowance for the imperfect manner in which I 
must, necessarily, answer the questions you propound, from my lim- 
ited knowledge of the former condition of the tribe j I will, however, 
do what is in my power, towards answering the same. And 

1st. The present condition of the tribe is decidedly poor, but bet- 
ter than in former years, in some respects. 

2d. There are no existing laws, that I know of, in relation to the 
tribe, excepting a Resolve, passed June 9th, 1818, appointing a guard- 
ian ; no disabilities, except their not being allowed to vote, and I think 
that to be no disadvantage to them. 

3d. The present system of guardianship seems to be adapted only 
to the relief of those most needy, as far as their physical wants are con- 
cerned ; I think it might be improved by a limited appropriation, to be 
expended by the guardian, for specified purposes, instead of leaving 
it at his discretion; and that he be instructed or directed by the Legis- 
lature, what course to pursue in regard to cultivation, or improvement 
of the lands of the tribe. 

4th. I think the tribe would receive no benefit from the privilege? 
of citizenship, if conferred upon them. 

5th. The land is held, both in severalty, and in common, some four 
or five acres, to each of four families, and the remainder is held in com- 
mon ; the whole amount of territory, is about one hundred and ninety 
acres. I suppose the whole territory to be public property, and to be- 
long to the State, as it was conveyed to the province of Massachusetts 
Bay, by one Daniel Wilcox, and afterwards, in the year 1701, " it was 
ordered, that the Indians be accommodated with a settlement for a 
plantation upon said lands, to be holden by them of his Majesty's gov- 
crment, within this province, during the pleasure of the government." 
There is no other property of any kind, that I know of; no source of 
income, excepting the small amount obtained from their woodlands, 
which are held in common. 

6th. There are seven who have been supported in part at the ex- 
pense of the State, at an average cost of about forty dollars each, per 
year ; the present mode of supporting them is probably as good as any 



18490 HOUSE— No. 46. 81 

I could suggest. I do not see any way in which pauperism can be di- 
minished. 

7th. The tribe, I think, have not suffered, in any respect, from con- 
tact with the whites, otherwise than by depredations committed upon 
their woodlands, in former years, by some of their white neighbors. 

8th. There is some, and but very little, fence to be troubled abo t ; 
the bounds which mark the several portions belonging to individuals, 
or allotted to them, are entirely obliterated ; the bounds of the whole 
tract, at the corners can be found. I have employed a surveyor to run 
the lines, and find that the lands have been encroached upon, some- 
what, by owners of adjacent lands ; the tribe have no title whatever to 
the lands, I think. 

9th. What is, or has been, the effect of amalgamation, I cannot say ; 
but from present appearances, it seems that the half-negro is more dis- 
posed to labor for a living, than the full blood native. 

10th. There are none, at present, but have been some in former 
years, I understand, in relation to the lands. 

11th. The principal employment is day labor, and the majority be- 
ing women and children, their labor amounts to very little; their habits 
are not remarkably industrious; some few exceptions, however; gener- 
ally speaking, they are decently supported. 

12th. The health of the tribe, generally, is good, with one or two 
exceptions, very good ; those are brought on by intemperance ; a few- 
cases of small pox have lately occurred, in one family, but are now 
well ; their facilities for medical aid, the same as other inhabitants in 
the same neighborhood, which are good. 

13th. The habits of the tribe as to chastity, are not bad ; and, as to 
temperance, probably will not suffer in comparison with the whites ; there 
has been improvement, in latter years, in respect to both chastity and tem- 
perance, I think, from the best information I can get, relative to their 
history. 

14th. The tribe have no schools, receive no money from the tribe, 
State, or any other source, for that purpose; but the children, gener- 
ally, have access to the public schools, the same as the children of any 
citizens ; there are not over five or six children, who are situated so 
they can attend school. 

15th. The tribe enjoy the same privileges, in regard to religious 
matters, as they do in respect to schools, the families, (four in number,) 
living on the Indian lands, have no meeting that they can attend, with- 
in about four miles ; those living near the village have all the privileges 
11 



S2 INDIANS. [Feb. 

they could wish for, and, by a few of their number, they are well im- 
proved ; there is no money raised from any source, for the purposes 
before named, and never has been since they were under the care and 
superintendence of the Commissioners of the Society for Propagating 
the Gospel in North America, which superintendence was discontinued 
some time before any guardian was appointed. The first guardian 
was appointed in 1807, by a Resolve of the General Court. 

16th. It seems to me, that, if the Legislature should, in their wis- 
dom, deem it proper to make an appropriation, for the purpose of 
fencing the lands, and otherwise improving the same, in some degree, 
and make suitable provision for all such as will live upon, and improve 
the land, (or such part as may be assigned to them,) in the best way to 
obtain a living, that thereby their condition might be somewhat im- 
proved ; or sell the land, and support them from the proceeds, who are 
unable to support themselves, (as far as may be.) 

17th. The general state, or condition of the tribe is such, that it 
seems hardly possible to conceive of any plan, that would be conducive 
of any great good to them, as a tribe; for they are but a " miserable 
remnant," comparatively speaking, and are but little disposed to asso- 
ciate, or make a society of themselves, but seem to live isolated, and 
look for little else than the supply of. their physical wants; therefore, it 
is almost impossible to do any thing for them, otherwise than in their 
individual capacity. There are four families living on the Indian land, 
and but two men among them, who are able to labor for their support, 
two families living in the village, composed of women and young chil- 
dren, mostly ; the males generally are at sea, those above the age of 
sixteen years. 

It seems, by record in the Secretary's office, that, in the year 1764, a 
Committee of the General Court appointed a surveyor, to renew the 
bounds, survey, subdivide, and plan the tract of land, which he made to 
be 193 acres and 64 rods, " granted by ye General Court, to Capt. James 
Church and Company Inds., and subdivided the same into twenty- 
eight equal parts, and erected suitable bounds, at ye corners of each 
divisional part, or lot ; " each lot contained 6 acres and 128 rods, and 
were then allotted to so many families, or individuals, as the case might 
be. Now, I suppose, there is not one of the tribe, that can tell where 
his, or her lot is situated, or any thing definite in relation thereto. 

I have the honor to be, respectfully, your ob't servant, 

BENJAMIN F. WINSLOW. 
F. W. Bird, Esq., Chairman Commissioners, &c., &x. 



1849.] 



HOUSE— No. 46. 



83 



APPENDIX E. 



The following statements were furnished at the Treasurer's office ; 
the first, to the Chairman of the Committee on Claims, last winter : — 

Amount paid by the Commonwealth for support of certain Tribes of 
Indians, from 1843 to 1847, inclusive. 



Tkibe. 


1843. 


1844. 


1815. 


1846. 


1847. 


Total. 


Chappequiddic and Chris- 














tiantown, 


$156 00 


$211 50 


$99 90 


128 00 


$172 85 


$768 25 


Dudley, 


101 97 


146 99 


- 


507 48 


85 22 


841 66 


Fall River, - 


107 69 


Hi5 82 


76 50 


140 83 


252 40 


743 24 


Gav Head, 


25 55 


25 55 


- 


- 


25 55 


76 65 


Grafton, - - - 


- 


- 


30 00 


- 


10 00 


40 00 


Hassanamesit, 


50 00 


50 00 


50 00 


50 00 


50 00 


250 00 


Herring Pond, 


2G 70 


_ 


51 17 


*38 01 


40 55 


156 43 


Marsh pee, - 


321 11 


317 34 


290 22 


*346 15 


446 10 


1720 92 


Punkapog, - 


100 00 


100 00 


150 00 


150 00 


229 00 


729 00 




889 02 


1017 20 


747 79 


1360 47 


1311 67 


5326 15 


Salary of Guardians not 














included above. 














Chappequiddic and Chris- 














tiantown Indians, 


150 00 


150 00 


150 00 


150 00 


150 00 


750 CO 


Dudley " 


50 00 


50 00 


- 


100 00 


50 00 


250 00 


Fall River " 


25 00 


35 00 


35 00 


35 00 


35 00 


165 00 


Punkapog " for 20 
years, at $100 per ann., 


- 


- 


- 


200 00 


50 00 


250 00 
















225 00 


235 00 


185 00 


485 00 


285 00 


1415 00 


Charles Marston and N. 














Hinckley, as comm'rs 














for partitioning Marshpee 














Lands, - 


905 50 


- 


- 


- 


- 


905 50 


Do. and L. Hinckley, 


- 


- 


226 37 


- 


- 


226 37 


Bridge over Santuit River, 


- 


- 


- 


140 00 


- 


140 00 




905 50 


_ 


226 37 


140 00 


_ 


1271 87 


Brought down, 


889 02 


1017 20 


747 79 


1360 47 


1311 67 


5326 15 


" « _ 


225 00 


235 00 


185 00 


485 00 


285 00 


1415 00 


Total, - 


2019 52 1252 20 


1159 16 


1985 47 


1596 67 


8013 02 



* Of these two sums for support in 1845, there was paid back, in 1847, ,§116 20 on ac- 
count of Marshpee,. and $12 46 on account of Herring Pond. 



84 



INDIANS. 



[Feb. 



Amount paid fur support of certain Tribes of Indians, for the yeai 
1848, including salaries of Guardians. 

Chappequddic and Christiantown, L. Thaxter, including 
$150 salary - ... 

Dudley Indians, Daniel Davis, - 

" " Amos Shumvvay, - 

Fall River, Holder Wordell, .... 

Gay Head, __.-_. 

Hassanamesit, Judge of Probate for Wor. Co., 

Herring Pond, Charles Marston, ... 

Marshpee Indians, - 

Punkapog, Thomas French, - 

Add amount for repairs of buildings for Dudley Indians, 

Add previous amounts, - 

Deduct amount paid back by Marshpee and Herring 
Pond. ------ 



$371 24 


22 74 


191 10 


214 66 


13 72 


50 00 


25 55 


434 50 


222 72 


$1,546 23 


500 00 


$2,046 23 


8,013 02 


$10,059 25 


128 66 



Total amount paid by State in six years, 
These statements do not include amounts paid from 
school fund. 



$9,930 59 



APPENDIX F. 



We cannot avoid referring more particularly to the treatment which 
the " Christian Indians," — the then powerful ancestors of the feeble 
remnants, whose case is now before us, — received during Philip's 
War. Not only were they really friends, but they were treated as en- 
emies. " It was their hard fate," says Mr. Sparks, from whose life of 
Eliot these facts are mainly gathered, " to have the good will of neither 
party in the war; to be treated by Philip as allies of the English, and 
to be sharply suspected by the English, of a secret, but determined 
leaning towards Philip." 

" The circumstances of the time account for this inflamed state of 



IS 19.] HOUSE— No. 46. 85 

popular feeling against the Christian Indians. A fierce and powerful 
enemy was ravaging the country. The flames of burning villages 
glared in the darkness of midnight, the scalping-knife, the arrow, and 
fire-arms, were lurking in ambush by day. The passions of the people 
were naturally exasperated to the highest pitch against those, the dread 
of whose incursions disturbed the slumbers of night, and surrounded 
the labors of the field with peril. The usual epithets applied to the 
savage foe were 'wolves, blood-hounds, fiends, devils incarnate;' and 
Increase Mather uttered the common sentiment, when he said, that the 
English did not ' cease praying to the Lord against Philip, until they 
had prayed the bullet into his heart.' " 

By way of " accounting for, not justifying, this blind excitement, 
which would not stop to separate between the innocent and the guilty," 
Mr. Sparks says, " under intense alarm, men are apt to lose sight of 
the distinction between justice and injustice, between right and 
wrong." We fear that this " common proscription of the praying In- 
dians" may be more justly accounted for by attributing it to the almost 
universal popular sentiment, which then, which had previously, and 
which has subsequently, regarded the Indians as outcasts and outlaws, 
— not only M aliens from the Commonwealth of Israel," but "stran- 
gers " to every " covenant of promise." It was precisely the same 
sentiment which justified, nay, demanded, the selling of the wife 
and son — the queen and heir apparent, of Philip of Pokanoket, into 
slavery. In the eloquent language of Mr. Everett's Address at Bloody 
Brook — "They were sold into slavery, — West Indian slavery! an 
Indian princess and her child, sold from the cool breezes of Mount 
Hope, from the wild freedom of a New England forest, to gasp under 
the lash, beneath the blazing sun of the tropics! ' Bitter as death; ' 
ay, bitter as hell ! Is there any thing, I do not say in the range of 
humanity — is there any thing animated, that would not struggle 
against this? " 

It was under the influence of this rooted prejudice, inflamed by the 
circumstances of the case, that the " praying Indians" were subjected 
to the cruel treatment, to which we wish to direct attention. Without 
the slightest reason, in the conduct of these poor Indians, to justify the 
suspicion of [favoring Philip, the Natick Indians were first ordered to 
be removed to Deer Island. When Capt. Thomas Prentiss, who was 
appointed to superintend their removal, " arrived at Natick, and made 
known to them the pleasure of the court, they sadly, but quietly sub- 
mitted, and were soon ready to follow him. Their number was about 



86 INDIANS. [Feb. 

two hundred, including men, women, and children." They were first 
ordered to a place called the Pines, on Charles River, two miles above 
Cambridge ; and " on the 30th of October, about midnight," (fitting 
hour for this ' deed without a name,') " the}' embarked in three vessels, 
and were transported to their destined confinement, on Deer Island." 
A melancholy parallel might be drawn between this scene, of a whole 
people torn from their friends and the graves of their fathers, with the 
venerable Eliot weeping his blessings and his farewell, and similar 
scenes which have since occurred, as tribe after tribe have been driven 
to the far West The settlement at Wamesit, (Tewksbury,) was brok- 
en up, and the Indians scattered. The Punkapog and Hassanamesit. 
(Grafton,) were also sent to Long and Deer Islands. In the summer 
of 1676, a company of praying Indians, engaged in the war against 
Philip, and proved faithful and efficient, " slaying not less than four 
hundred of the enemy, in the summer of 1676." Philip himself, as is 
well known, fell by the bullet of one of these Indians. 

The old and feeble men, and the women and children, suffered ter- 
ribly in their confinement, especially after the able-bodied men were 
withdrawn. " Soon after this, the General Court gave permission for 
their removal from the islands, taking care, however, to provide that it 
should be done without any expense to the colony ! They were taken 
to Cambridge, where Mr. Thomas Oliver offered them a residence on 
his lands, near Charles River." Here they lived, by fishing and upon 
charity, until spring, when most of them returned to their homes. 
Homes? Alas! the hand of the spoiler had stripped their plantations 
of the charm implied in that endearing word. Since that day, the 
Praying Indian has had no home. 

This transaction gave a death-blow to the efforts for Christianizing 
the Indians. " After this rupture," says Mr. Sparks, " it was hard 
work to reunite sympathies, which were broken before they had time 
to coalesce firmly. There would be bitter remembrances, which might 
be smothered, but would hardly fail to throw a chill upon the persua- 
sions of the English Christians." 

It is in behalf of the descendants of these persecuted tribes, that we 
make an appeal, — feeble, and unequal to our own convictions and feel- 
ings, to the Legislature of a magnanimous and generous Common- 
wealth. We cannot add force to the eloquence of a simple statement 
of facts. 



1849.] HOUSE—No. 46. . 87. 

SUPPLEMENT TO HOUSE NO. 46. 



APPENDIX G. 

Since that portion of the Report, relating to Gay Head, was written, 
we have received the following communication. It was probably de- 
layed by the obstruction in the transmission of the mails from the 
Vineyard to the Main : — 

To the Honorable Commissioners, that were appointed to visit the In- 
dians of the Commonwealth. 

Gentlemen, — The proprietors of Gay Head very humbly ask you 
to present their petition, or make mention of it in your Report, asking 
that we may be favored with the foregoing regulations. Knowing that 
you were acquainted with us personally, we have drawn up this, with- 
out the aid of any person ; so you will not be surprised at the feeble 
manner it is done in. It is with lively emotions of gratitude, that we 
call to mind the words that you said to us in the school-house, that 
you would do all you could, reasonably, for us ; therefore, we put all 
confidence in your honors. 

Done in behalf of the proprietors of Gay Head. 
Yours, with much respect, 

ABRAM RODMAN, Proprietor's Clerk. 

Gay Head, February 14, lS49. 

The petition, accompanying the above communication, is as fol- 
lows: — 

To the Honorable Senate, and House of Representatives, in General 
Court assembled: 

We, the Indians and people of color, on Gay Head, in Duke's 
county, would most respectfully represent, that we are satisfied with 
that section of the law that says, Be it further enacted, that no action 
shall be brought against any of the Indians, mulatto or negro proprie- 
tors of said lands, for any debt, hereafter to be by them contracted 
with any person or persons, for any sum whatsoever. And we are 
also satisfied with that act that says, ho Indian, mulatto or negro, shall 
bring an action against any white person, for debt ; and the presence 



S3 INDIANS. [Feb. 1849.] 

of this act shall he taken as evidence in any court in the Common- 
wealth. Therefore, we pray your honorable body to continue the 
same. 

We would farther represent, that our bound against the whites has 
never been recorded ; therefore, we pray your honorable body to run 
the line between us. 

We would farther represent, that some men who have married women 
thnt belonged on Gay Head, never come to Gay Head to live, but lived 
in other towns, and were voters there. And, it so happened, that 
their wives died before the children could take care of themselves, so 
they were all sent on Gay Head. Others have married strangers, 
;;nd never come on Gay Head to live, but their children or grand- 
children will come, and claim to be full proprietors, which we think is 
not right. We are willing to do all we can for Gay Head poor: 
but we are not willing to maintain people that do not rightly belong 
on Gay Head, for we have no means of supporting them ; therefore, 
we pray your honorable body to enact such laws as you may think 
best, to shield us from such -unfairness. We have but a very little 
education, and, of course, cannot know much about the laws of the 
Commonwealth; therefore, we look to your honorable body, with con- 
fidence, to enact laws for us. And we, as in duty bound, will ever 
prny; 

Zeacheous Howwoswee, Francis Silvia, 

Samuel Peters. Francis Mingo, 

Lewis Cook, Hebron Wamsley, Jr., 

Isaac Johnson, Hebron Wamsley, Sen., 

George David, Amos Jeffers, 

Tristram Weeks, Isaac D. Rose, 

William Jeffers, Jonathan Francis, 

Levi Cuff, Abram Rodman. 

Alvin Manings, 

The line between the territory of the whites and that of the Indians, 
is distinctly defined by a substantial rail-fence ; and we imagine there 
is little danger of encroachment from the whites. Still, it would put 
forever at rest a matter which might, possibly, otherwise, lead to liti- 
gation, to have the boundaries legally defined and recorded. 

The other subject, viz., the division of the lands, is referred to on 
the 20th and 21st pages of the Report. Undoubtedly, the whole mat- 
ter of division and descent, will require further legislation. Whether 
the time for legislative action has come, and what shall be its character, 
we leave to the wisdom of the Legislature, to decide. 



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