Apr 16, 2013 - Sale 2310

Sale 2310 - Lot 2

Unsold
Estimate: $ 8,000 - $ 12,000
(AMERICAN INDIANS.) Report of a committee investigating Indian land title in southeastern Massachusetts. Manuscript Document Signed by committee members Samuel Gardner, William Gayer, John Walley, John Thacher, and John Otis, as well as House speaker James Converse and Council secretary Isaac Addington. 2 pages, 12 x 7 1/2 inches, on one sheet, with docketing on final blank reading "Report of the committee upon the Indian papers"; early paper repair along fold of final blank, moderate foxing and wear; all text complete and legible. In a 1/4 morocco folding case. [Boston], 2 June 1703

Additional Details

An early document of the struggle of the Wampanoags and other tribes to maintain their land in the face of English encroachment. The colonists used their court system to contest Indian land transfers, claiming that these "deeds, pretended wills, and other writings" were not "drawn up in form as is usual among the English."
This committee was formed on 28 May 1703 by an act of the Massachusetts legislature, ordering them to "inspect & examine several deeds, writings & papers presented by sundry Indians of Martha's Vineyard." Five days later, they presented this report, which states that "We have discoursed the said Indians & perused their petitions, deeds & papers, & find that what is desired is a confirmation of their lands to them according to the wills & grants of their deceased sachems." They add that as "said wills not haveing been proved in due form of law, nor drawn up in form as is usual among the English," the only recourse would be to have the appropriate Indians and town representatives appear in court to discuss these deeds on a case-by-case basis, once "the Indian wills & writeings yt are in ye Indian tongue be . . . faithfully translated."
Their report is followed by a list of 6 specific cases which need to be reviewed: "Jonah Wassaman claims Nomans Land & Squibnocket; the agents of ye Honbl. ye Earl of Limbrick to be notified" "Mosiah Motaach claims Gay Head Neck & Nassaquisset" "Zachariah Peeskin claims Takemmy Sachemship; the Town of Tisberry to be notified" "Charles Ahaz, a mile of land about or in Titticutt, the town of Bridgewater to be notified" "Betty Sawsamon claims Assawampsit; the town of Middleborough to be notified" (an area near Assawompset Pond, where her father was killed, is still known as Betty's Neck) and "Four Sachems of Nantucket make a claim of feed for cattle, the town of Shelbourn on Nantucket to be notyfied."
The response of the Council is on the second page, requesting the committee to arrange the hearings and "further to examine the sd deeds, pretended wills, and other writings, being duely render'd by some person or persons well knowing in the Indian tongue." Published in The Acts and Resolves, Public and Private, of the Province of the Massachusetts Bay, 1922 edition, pages 724-5.