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FALL RIVER 
 NDIAN RESERVATION 
 
 BY 
 
 HUGO A. DUBUQUE 
 
 City Solicitor of Fall River. 
 
 FALL RIVER, MASS. 
 1907. 
 
APR 11 1907 
 
 D. of D. 
 
INTRODUCTION. 
 
 On January 23, 1907, a petition signed by Hon. John T. 
 lin. mayor of Fall River, was presented to the legislature of Massa- 
 chusetts accompanied by House Bill No. 868 (1907), which was 
 prepared hurriedly and only intended to comply with the rule 
 which requires that a bill should accompany a petition for legisla- 
 tion. Upon perfecting its measure, the City of Fall Rivi 
 desires to offer as a substitute for House Bill No. 8*58 the following 
 
 SUBSTITUTE HILL. 
 
 COMMONWEALTH OF MASSACHUSETTS. 
 
 In the year one thousand nine hundred and seven. 
 
 An Act Relating to the Indian Reservation and Water Supply 
 of Fall River. 
 
 /.\ it enacted by the Senatt and ll<>u.<i of Representatives in 
 General Court assembled, and by the authority of the same, as 
 follows:— 
 
 Section 1. Whereas certain lands situate in Fall River, in a 
 section thereof called Indian Town, lying on the easterly side of 
 North Watuppa pond, were conveyed to the Province of the .Massa- 
 chusetts Bay to he held as an Indian plantation or reservation to 
 the use and occupancy of Indians; and whereas the Commonwealth 
 of Massachusetts has succeeded to the rights and title of the 
 Province of the Massachusetts Bay in said lands and may have 
 obtained title to some part thereof bj >r otherwise; and 
 
 whereas there are apparently no Indians lefl on the same, excepl 
 one family, claiming to be such, namely, that of Fanny L. Perry, 
 occupyinga small portion of the land of said reservation; and where- 
 as it is necessary that a part of said Indian reservation be owned 
 and controlled by the city of Fall River for the protection of its water 
 supply, now taken from said North Watuppa pond; it is herebj 
 enacted that the title of the Commonwealth to the parcel of said 
 Indian reservation near said pond, and hereafter described be, and 
 the same is, hereby conveyed to the said citj of Fall River for the 
 
protection of the purity of its water supply; namely, a certain trad 
 of land situate in Fall River, in the county of Bristol, bounded and 
 described as follows, viz: beginning at a drill hole in a stone 
 bound sel into the ground in the southerlj line of Indian Town 
 road, nineteen hundred and nineteen and 37-100 (1919.37) feet 
 easterly from the intersection of said southerly lino of Indian 
 Town road with the easterly line of Blossom road; thence running 
 in a southerly direction to a drill hole in a -lone bound sot in the 
 ground at the northeasterly corner of land of the city of Fall 
 River, recently purchased from Alfred Bridge; thence westerly in 
 line of land of the city of Fall River to land of the city of Fall 
 River and the North Watuppa pond; thence northerly by land of 
 the city of Fall River and said pond to the northerly line of the 
 land of said Indian reservation; tl terly in said northerly 
 
 l;e Indian Town road; thence to the point of beginning; 
 containing one hundred and one and seven tenths acres of land, 
 more or less, exclusive of highways crossing said tract. 
 
 SECTION 2. The city of Fall River may take in fee simple, by 
 right of eminent domain, the lands above described forminga part 
 of the Indian Reservation, for the protection of its water supply. 
 in North Watuppa Pond; and if upon a vote of its Reservoir Com- 
 mission or of its city council it decides so to do, then it may file 
 and record a statement of such taking in the office of the registrj 
 of deeds, in the Fall River District, of the County of Bristol, 
 Kivintr a description of the land taken; and also tile a plan of the 
 same; both such statement and plan being duly signed by its 
 mayor; and when such statement and plan are duly signed, filed 
 and recorded a- aforesaid, then said described lands shall become 
 and remain the proper! \ of said city of Fall River, in fee simple. 
 
 Section '■'>. Anyone aggrieved, or entitled to damages, by 
 
 reason of any the | bj this act may r 
 
 the same from the citj of Fall River, by filing a petition in the 
 Superior Court for the County of Bristol, within one year from the 
 date of taking aforesaid. The aforesaid damages shall he a 
 in 1 lie same manner as lands taken for the protection of the water 
 supply of Fall River, as provided in section four of chapter one 
 red and fourteen of the Acts of the year eighteen hundred 
 and ninety one; hut all sums received by the petitioners or 
 predecessors in title from the Commonwealth or said city in the 
 way of Indian or other relief, the obligations placed upon said city 
 Mon four of this act, or bj I al laws relating to the 
 
 of relief or otherwise applicable to the petitioners; th< 
 
Ill 
 
 payment of taxes by the petitioners or predecessors in title, or 
 their failure to discharge public obligations or to participate in the 
 
 support <>r maintenance of city, county, state or national govern- 
 ments or to contribute to the state whatever was required in any 
 deed relating to said lands and all other easements, conditions, 
 water and flowage rights connected with said lands, the occupancy 
 or use of said lands: am! whatever other matters may be allowed 
 by way of set off, recoupment, counterclaim or mitigation of 
 damages, shall be allowed in reduction of damages for the taking 
 of the lands aforesaid. Interest on the sums recovered shall only 
 run at the rate of four per centum per annum from the date of 
 taking: but in ease of occupancy after the taking, such interest 
 shall only run from the termination of such occupancy. 
 
 Section 4. The city of Fall River, its successors or assigns, 
 shall maintain and discharge towards the present rightful occu- 
 pants of the land conveyed or taken all duties that the Common- 
 wealth is lawfully required to perform as the successor of the 
 Province of Massachusetts Kay. But said city if it take the land 
 before described, and if it decide, hereafter, that the houses or 
 other buildings on the parts herein conveyed or taken should be 
 removed, to a place beyond the area deemed necessary for the 
 protection of the purity of its water supply, shall remove such 
 buildings and all persons and their chattels, at its expense, to such 
 other part of said Indian reservation. as may be without such area, 
 and shall make suitable provision in the same buildings or in similar 
 ones to be used by said occupants for a comfortable dwelling 
 therein, and for safe and reasonable means of access thereto from 
 the public road or highway. 
 
 Section 5. This act shall take effect upon its passage. 
 
THE INDIAN RESERVATION 
 
 and the 
 
 WATER SUPPLY 
 
 of 
 
 FALL RIVER. 
 
 1907. 
 
 BRIEF FOR THE CITY OF FALL RIVER. 
 
 The City of Fall River has presented a petition to the legisla- 
 ture of Massachusetts of 1907, through its mayor, at the request 
 of its Reservoir Commission, which has charge of the protection 
 of its water supply, asking for a special ad transferring to the 
 said City the interests of the Commonwealth, if any. in certain 
 lands of the Fall River Indian Reservation; and authorizing it to 
 condemn, by right of eminent domain, for the protection of the 
 purity of its water supply, a pail of said lands lying within the 
 water shed of North Watuppa Pond which is the source of Fall 
 River's water supply. 
 
 1. In 1(556 Wamsutta, sachem of the Pocasset tribe of Indians, 
 by leave of the colonial court of Plymouth, sold the four mile tract, 
 known as "Ye Freemen's Purchase", to 26 purchasers. 
 Fenner, History Fall River, (1906), pp. i 5, 
 Collective History Freetown, (1902), />. 1. 
 Peirce, Indian History, (1878), p. 238 
 
 In 1683 the government of Plymouth colony organized the 
 above purchasers into a town, called Freetown, in the following 
 words: 
 
 ".July, 168:!. This courl orders that the inhabitants of the 
 I- reemen's land att the Fall River shal be a Township and ha e a 
 Constable and Grand .Jury men and henceforth be called by the 
 name of Freetown." 
 
 Peirce, Indian History, />. 243, .//>/>. 
 
 The "Freemen's Purchase" included what is now the town of 
 Freetown and about half of what is now Fall River. 
 
2. In 1803, the "southerly part of Freetown in the County of 
 Bristol" was divided, and the town of Fall River was established. 
 
 St. L802, Chop. 89, Approved February 26tA, L803. 
 In 1804 the name of Fall River was changed to "Troy". 
 St. 1804, CA. 2. 
 
 In 1834 the name of the town, which for nearly thirty years 
 had been Troy, was changed back again to Fall River, to remain 
 so to this day. 
 
 St. 1834, CA. 14. 
 
 In 1854 the town of Fall River was organized into a city. 
 First city charter: 
 
 St. 1854, CA. 257. 
 
 Second city charter; 
 
 St. 1885, ( A. 269. 
 Third city charter; 
 
 St. 1902, CA. 393. 
 
 3. In 1871 the city of Fall River was "authorized to take, 
 hold and convey into and through the said city, by suitable aque- 
 ducts or pipes the waters of the North Watuppa Pond." to supply 
 its inhabitants with water. 
 
 St. 1871, CA. 133. 
 
 Under this statute it constructed its water works and expend- 
 ed several million dollars in providing tanks, pipes and hydrants 
 to convey the waters of the North Watuppa Pond into the different 
 parts of the city for domestic, fire and manufacturing purposes. 
 
 4. In consequence of the large increase of population, in 
 Fall River, it became necessary, first, to avoid the occupancy of 
 land within the water shed of the North Watuppa Pond, to pre- 
 serve the purity of the water in the same, and, second, to provide 
 a storage basin to increase the capacity of the water supply from 
 this Pond. 
 
 Beginning with 189] there was passed a series of acts for the 
 protection of the Fall River water supply. 
 
 St. 1891, CA. 11 I 
 
 St. is!)!'. CA. 362; 
 
 St. IS!).-), CA. 478, 
 
 St. 1897, CA. 285. 
 
These acts provided, in substance, thai thecitj of Fall River 
 might condemn, by eminent domain, or acquire by purchase, the 
 lands lying within the water shed of North Watuppa Pond. 
 
 In 1 81 )5 . the Reservoir Commission, charged with the duty of 
 carrying out the purposes of the special legislation just alluded to, 
 was created by an ordinance of the city council of Fall River. 
 Fall / d Ordinances, ('//. 45. 
 
 In pursuance of the authority granted by the legislature, 
 under the special laws cited, the Reservoir Commission condemned 
 and purchased the lands bordering on said North Watuppa Pond, 
 to prevent the contamination of its waters, and the various springs, 
 streams or brooks feeding: the same. 
 
 In 1905 a new ordinance was passed, repealing the former 
 one, and reconstituting: the Reservoir Commission on a different 
 basis. So that, under the ordinance now in force, the three mem- 
 bers of the Water Hoard, with the mayor and the city engineer, 
 form the Reservoir Commission. 
 
 Fall River City Doc. L905, pp. 651-2 
 
 In 1902 the Reservoir Commission secured the services of Mr. 
 Arthur T. Safford, of Lowell, as a special consulting engineer on 
 the subject of Fall River's water supply, its increased capacity and 
 the protection of its purity. 
 
 He made a voluminous report, accompanied by maps and 
 various recommendations, among which was the necessity of 
 securing all the lands adjacent to the pond, and within the water 
 shed thereof. 
 
 Report •' Commission, \ L902) pp. 1174 5. 
 
 5. The city has expended, for the protection of its water 
 supply, in the purchase of land, around the North Watuppa Pond, 
 since the first special act passed for the purpose, (St. 1891, Ch. 
 Ill), the sum of $272,955.87. And it is now engaged in securing 
 the small pari that remains to be purchased or condemned. 
 
 6. Under the special acts cited, while the city is authorized 
 to take land by eminent domain to protect its water supply, it is 
 not authorized to take the lands that the State is interested in, or 
 that it holds for a different public purpose. 
 
 The rule seems to he that where lands are devoted to a public 
 purpose they cannol lie applied, under a general law, to a new or 
 different public use. when the latter is inconsistent with the 
 former. 
 
 i 1892) . Brooklim . 15C Mass. Ml. 
 
6 
 
 As was said by Chief Justice Shaw: "It sometimes happens 
 that the full enjoyment of two public rights would, to some 
 extent, interfere with each other; as where a highway, turnpike 
 or railroad crosses a navigable stream. It is then for the legisla- 
 ture to determine which shall yield, and to what extent 
 
 accordingto the greater preponderance of public necessity ami 
 convenience". 
 
 I 1859) ( ommonwealth i\ Essex Company, 13 Graj 239,247. 
 
 The title to lands in which the State has an interest does not 
 pass by implication but requires a special grant. 
 
 i 1832) I 'nited Irredondo, 6 Peters 691,738. 
 
 Rose's notes to same. p. ."525 and cases cited; 
 i 1 837) ( harles River Bridge v. Warren Bridgt 1 1 Peters 4 17. 
 Rose's notes to do. p. l>N2 and cases cited. 
 
 7. A grant of title of public lands may he made by an act of 
 the legislature; and if such an act be passed, then there is no need 
 of the state executing a deed in the usual form. 
 
 I 1st:.) Mayo : / ibby, VI Mass 
 
 I 1828) I Vard v. Bartholomew, 6 Pick. 111. 
 
 (1819) Baker v. Fales, Pi Mass 188 
 
 8. The maintenance of an Indian Reservation would imply 
 the use of buildings and dwelling houses thereon; whereas the 
 appropriation of land by the city, to prevent the contamination of 
 its water supply, implies that barns, pig pens, outhouses and 
 dwelling houses shall not I"' erected thereon. Therefore, the two 
 purposes being practically inconsistent, it requires a clear expres- 
 sion of legislative intent, by a special act. to authorize the city of 
 Fall River to condemn any part of the lands of the Indian Reserva- 
 tion. 
 
 p. Another reason for the special act is that the title to these 
 lands is uncertain; yet the city of Fall River must have a clear 
 title to apply the same to the public use which it has in view. 
 Tlie lands in question were conveyed to the Province of Massachu- 
 setts Bay, as will appeal- hereafter. A division of the lands was 
 subsequentlj made, but the State kept exercising control over 
 them, as well as over the occupants thereof. All the Indians 
 granted land in severalty bj the partition of 17»il have, of course. 
 
 long been dead, and no one is absolutely certain that any of their 
 
 true lineal descendants are in existence to-day. 
 
The lands in question are no\* occupied by a single family, 
 namely, thai of Fanny L Perry; but it is not intended to disturb 
 her occupancy, if the special act, prayed for, is granted by the 
 
 legislature. She has a settlement in Fall River and has rei 
 relief, in the past, and is entitled to it in the future, under the 
 general laws. In other words, the city id' Fall River is obliged to 
 provide for her support in case of need. 
 
 10. The city has expended, in poor relief, to occupants <d' 
 these lands, the sum of $2,837.94, from L870 in date, of which 
 $2,089.20 have heen paid for the support of Fanny L. P 
 family. 
 
 Constitutional Law. 
 
 11. In 1788 when the constitution of the United States was 
 finally adopted, it was provided therein that "Congress shall have 
 power to regulate commerce with foreign nation 
 
 among the several states, and with the Indian tribes " 
 
 U. S. Co?ist. .lit. 1 § 8. 
 
 This gave exclusive jurisdiction to the federal government 
 over Indian tribes that still maintained a tribal organization, and 
 prevented the states from interfering with the same thereafter. 
 
 (1832) Wore, ' ■ Georgia, 6 Pet rs 515, 
 i 1856) Fellows : . Blacksmith, 19 How. 366. 
 
 12. But the several states still kept jurisdiction of the 
 remnants of tribes that did not maintain the attributes of tribal 
 government : 
 
 "In some of the old states — Massachusetts, Rhode Island and 
 others— where small remnants of tribes remain, surrounded by 
 white population, and who. by their reduced numbers, had lost the 
 power of self government, the laws of the state have been 
 extended over them, for the protection of their persons and 
 property"; 
 
 McLean, J. in 
 
 (lv;-. 1 ) Worcesterv. Georgia, 6 Peters, 515. 
 
 And in our own state. Gray, J. said: 
 
 "The remnants of Indian tribes, residing within the limits of 
 the Commonwealth, having ed bj any treaties 
 
 or executive or legislative acts of tin enl of the United 
 
States, as independent political communities, were under the con- 
 trol of the legislature of the state." 
 
 (1871) Pan-til i. Wcbquish, 108 \faa 133. 
 
 Title to Indian Lands. 
 
 We have on this subject a very instructive decision of Chief 
 Justice Marshall in 
 
 (1823) Tohnson : Mcintosh,^ W/icaton 543; 5 La* : 681 
 
 He says at page 570: "On the discovery of this immense 
 continent, the great nations of Europe were eager to appropriate 
 to themselves so much of it as they could respectivelj acquire. 
 Its vast extent offered an ample Held to the ambition and enter- 
 prise of all: and the character and religion of its inhabitants 
 afforded an apology for considering them as a people over whom 
 the superior genius of Europe might claim an ascendency. The 
 potentates of the old world found no difficulty in convincing them- 
 selves that the.v made ample compensation to the inhabitants of 
 the new, by bestowing on them civilization and Christianity, in 
 exchange for unlimited independence. But. as they were all in 
 pursuit of nearly the same object, it was necessary, in order to 
 avoid conflicting settlements, and consequent war with each 
 other, to establish a principle which all should acknowledge as the 
 law by which the right of acquisition, which the.v all asserted, 
 should be regulated as between themselves. This principle was 
 that discovery gave title to the government by whose subjects, or 
 by whose authority, it was made, against all other European 
 governments, which title might lie consummated by possession." 
 
 "In the establishment of these relations, the rights of the 
 original inhabitants were, in no instance, entirely disregarded; 
 but were necessarily, to a considerable extent impaired. Thej 
 were admitted to be rightful occupants of the soil, with a legal as 
 well as just claim to retain possession of it. and to use it according 
 to their own discretion: but their rights to complete sovereignty, 
 as independent nations, were necessarily diminished, and their 
 power to dispose of the soil at their own will, to whomsoever they 
 pleased, was denied by the original fundamental principle that 
 
 discover) gave exclusive title to those who made it." 
 
 "While the different nations of Europe respected the right of 
 
 the natives, as occupants, the.v asserted the ultimate dominion to 
 
be in themselves; and claimed and exercised, as a consequi 
 this ultimate dominion, a power to grant the soil, while 
 
 sion of the natives. These grants have been understood by 
 all to convey a title to the grantees, subject only to the Indian 
 right of occupancy. 
 
 "The historj of America, from its discovery to the presentday, 
 es, we think, the universal recognition of these principles." 
 At page 691: "By the treaty which concluded the war of our 
 revolution, Great Britain relinquished all claim, nut only to the 
 government, but to the 'propriety and territorial rights of the 
 i States,' whose boundaries were fixed in the second article. 
 By this treaty, the powers of government, and the rit-'ht to soil, 
 which had previously been in Greal Britain, passed definitively 
 to these state-. We had before taken possession of them, by 
 declaring independence; but neither the declaration of indepen- 
 dence, nor tl confirming it, could give us more than that 
 which we before possessed, or to which Great Britain was before 
 entitled. It has never been doubted, that either the United 
 or the several states, had a clear title to all the lands 
 within the boundary lines described in the treaty, subject only to 
 the Indian right of occupancy, and that the exclusive power to 
 extinguish that right was vested in that government which might 
 i itutionally exercise it." 
 
 And late)-. Miller J. in (1886) Un v. Kagama, ll-\ 
 
 U. S. 375; 30 228, said at p. 2:10: "Following the policy 
 
 of the European (iovernments in the discovery of America towards 
 the Indians who were found here, the Colonies before the Revolu- 
 tion, and the States and the United States since, have recognized 
 in the Indians a possessory right to the soil over which they 
 roamed and hunted and established occasional villages. But they 
 ed an ultimate title in the land itself, by which the Indian 
 Tribes were forbidden to sell or transfer it to other nations or 
 - without the consent of this paramount authority. When a 
 Tribe wished to dispose of its land or any part of it. or the State 
 or the United States wished to purchase it. a treaty with the 
 Tribe was the only mode in which this could <■ done. The United 
 States recognized no right in private persons, or in other nations, 
 ich a purchase by treatj or otherwise. With the 
 Indians themselves these relations are equally difficult to define. 
 They were, and always have been, regarded as having a semi 
 independent position when they preserved their tribal relations; 
 not as States, nol as Nations, not a.- possessed of the full attributes 
 
10 
 
 of sovereignty, but as a separate people, with the power of regu- 
 lating their internal and social relations, and thus far not brought 
 under the laws of the Union or of the State within whose limits 
 resided." 
 
 11. Speaking of the St. 1869, C. 163, which enfranchised the 
 Indians in Massachusetts, and removed all disabilities to which 
 they had theretofore been subject, the present Chief Jusl 
 our Supreme Court, then associate justice, said: 
 
 "Previously, all the common lands had been held and con- 
 trolled by the Commonwealth forthebenefil <>\ Indians, who were 
 treated as wards of the State. The State recognized only certain 
 equitable rights of ownership in the Indians, and it kept their 
 property, and exercised a guardianship over them to protect them 
 from the consequences of their improvidence." 
 (1891) /<> \TAMa 181, 183 
 
 The Indian title did not go to the fee, but only gave to the 
 aborigines a right of possession, occupancy or improvement. The 
 Indian, according to the Anglo-American common law, was in the 
 position of a life-tenant, having the use of his land during his life, 
 with the remainder, after his death, .u'oin.u' over to the State, in all 
 lands which were held by him in severalty; whereas the land 
 bj the Indians in common went to the survivors among other 
 Indians, if there were any, and after their extinction to the State. 
 
 ( 1837) ( lark v. Willia, 
 
 ( is;:;) I , 19 Wall. 591, 
 
 I is:; | ) ( '/icrokce A r ation v. < 1 
 
 (1S23) Johnson v. Mcintosh, 8 Whcaton 541 
 
 I IS89 uthcrn Kan L35* ,S U41 
 
 I 1871 ) Da Squh : 108 Mass. 133 
 
 1 Kent, ( omni 258 I 1 Uh 
 
 Sutherland, 138 (1904). 
 
 Title to Indian Lands in Fall River. 
 
 L5. The deeds which relate to the title of the Indian Reser- 
 vation are given in detail immediately following this Brief. 
 
 Reducedtoitssmallestcompass.it appears that one Daniel 
 
 in 1701 to the IYo\ ince of 
 Massachusetts Bay, about 160 acres of land which he 
 one of the original Proprietors of the Pocasset Purchase. 
 
11 
 
 This land was thereafter (in 1709) < ■ the Province 
 
 to Benjamin Church in exchange for lands constituting the present 
 
 Indian Reservation, which said Church conveyed to the Province 
 of Massachusetts Bay at the same time. This latter com 
 of Church stated that the land consisted of 160 acres. Zebedee 
 Terry who surveyed it in 1763 found 190 acres, til rods: whereas 
 we find actually to-day that it amounts to 195 7-10 acres. 
 
 The habendum clause, or conveying part, of the Church deed 
 to the Province is as follows: 
 
 "to have and to hold the said lands & premises herein before 
 granted with the members and Appur C " 8 thereof to the sd 
 Govern 1 Council] & assembly of the Province aforesd for the 
 time being their and Assignes forever so as that the sd 
 
 Land & premises shall from hence forth forever be and Remain at 
 the free and absolute dispose of the Govern 1 & General! Assembly 
 of the sd Province for the time being as the Govern 1 and Gen 
 Assembly may grant or dispose of any other Publique or unappro- 
 priated land belonging to & within the sd Province of the .Massa- 
 chusetts Bay. But allways to be Continued & used for a plantation 
 tlement for the Indian Natives." 
 
 Of course this was to be held for Indian Natives as long as 
 there were any of them left: but the Indian Natives have now 
 disappeared. 
 
 As to the construction of this Church deed; does it impose a 
 condition subsequent, a breach of which would cause a forfe 
 or a reversion of the land to the original grantor? Or does it 
 simply create a public trust, the object of which having been 
 ultimately attained, the doctrine of n fir, may now be applied to 
 the subject of the trust? 
 
 The authorities in this Commonwealth establish conclusively 
 the proposition that such ad one upon a condition sub- 
 
 tlation of which works forfeiture or reversion. 
 
 In a case where the deed gave the lot of land for a meeting 
 
 "to be built or rebuilt on the said lot of land forever", the 
 
 lot had not been used for a meeting house fur several years. The 
 
 heirs of the original grantors brought a writ of entry to enforce 
 
 feiture or i of the land. 
 
 Bigelow. C. -I. said: 
 
 "There are no apt or proper words to create a condition; there 
 
 is no clause of reentry or forfeiture. The only words which bear 
 
 smblance of an intent to restrict the title conveyed by the 
 
 deed are found in the habendum, These are merely, that the 
 
12 
 
 grantees, the proprietors of pews, should hold the esti 
 the purpose of erecting and maintaining thereon a hou 
 public worship. But we know of no authority by which a 
 
 declared to be for a pecial purpose, without other words. 
 held to be on a condition. On the contrary it has always been held 
 that such a grant docs not convej a conditional estate, unless 
 coupled with a clause for the payment of money, or the doing of 
 some act by the grantee, on which the Kraut is clearly made to 
 depend. Without some such clause, a grant for a specific purpose 
 can be held at most only to create a trust, bul not an estate on 
 condition" (cases cited i. 
 
 I 18(50) Packard v. Ames, 16 Gray, 327, 32S 
 
 Later it was held that a grant of land to a town "for a bury- 
 ing place forever" is not a grant upon condition subsequent. The 
 
 land was sold bj the town to a school district which removed the 
 remains of those buried there and applied the land to sichoi 
 poses. The same judge said: 
 
 "A deed will not be < ■ ate an estate on condition 
 
 unless the language is used which according to the rules of law, 
 
 ex prop) . imports a condition Conditions are not 
 
 favored in law. If it is doubtful whether a clause in a deed be a 
 covenant or condition, courts id' law will always incline against 
 I hi' latter construction " 
 
 "In the deed on which the present controversy arises, there 
 are. strictly speaking, no words of condition, such as of them- 
 selves import the creation of a conditional estate. The usual and 
 proper technical words by which such an estate is granted by 
 deed are. 'provided' 'so as' or 'on condition' " 
 
 "We belie iritative sanction for the doctrine 
 
 that a deed is in he construed as a granl on a condition subsequent 
 solely for the reason that it contains a clause declaring the pur- 
 pose for which it is intended the granted | 
 
 such purpose will not enure specially to the bi 
 grantor and his assigns, hut is in its nature general and public, 
 and where there are no other words indicating an intent that the 
 grant is to lie void if the declared purpose is not fulfilled". 
 I8(i3) A '■',, so i .. Inhabitants School D 
 12;"), 1J7 s 
 See also i 1871) Sohicr : . Trinih r. I. 
 
 It is clear, therefore, fr the foregoing authorities that the 
 
 3tat< i freet i mvey the land in question for another public trust; 
 
13 
 
 the first one having terminated. It will be noticed thai Benjamin 
 Church did not make a gift of his land to the Province. H 
 the equivalent for it, bygettingthe Wilcox land. The purpose for 
 which the deed was made was rather the objecl of the Province: 
 it devoted some of its land to aid the Indians. It is well also not to 
 lose sighl of the words, in the habendum clause. which provide that, 
 "sd Land& premises shall from henceforth forever be and Remain 
 at the tv^'r and absolute dispose of the < rovern 1 & Generall Assem- 
 bly of the sd Province for the time being as the Govern r & Gen 
 Assembly may grant or dispose of any other Publique or unappro- 
 priated land belonging to & within the sd Province "'which. 
 
 no doubt were, intended to reserve in the Province, its successors 
 or assigns the complete right of disposal, in case the land ceased 
 ded for an Indian Plantation or Reservation. 
 
 In 1764, the Province of Massachusetts Ray made a partition 
 or allotment of the land described in the Church deed, among 
 various members of the tribe to be held in severalty. 
 
 See, Report of John Milton EarU on Indians oj the Commonwealth, 
 Senate Document Nt 96, (1861) Ipp I t 81 I.- and plan annexed to 
 the pamphlet containing said Sen. Doc. X<>. 'M\. State Ed. 1861. 
 
 And also reprinti 
 
 Mass. Housi Doc. Xo. 215, L862. 
 
 The part which relates to the Fall River Indian colony, in 
 Earle's Report, is found at pages 71 to 87 inclusive, in Mass. 
 Senate Doc. No. 96 of 1861, as reprinted in pamphlet form. 
 
 15. The Special Report of -I. M. Earle, on the claim of Zurviah 
 Gould Mitchell of Abington, Mass., discusses generally the title of 
 the Commonwealth, but more particularly the title of the persons 
 among whom a division was made in 1764. 
 
 becial Report of J. .'/. Earle, 
 on (/aim of '/.. G. Mitchell (1861) post. 
 
 It is difficult to determine whether the Commonwealth, prior 
 to 1869, was anything more than a mere trustee for the Indians 
 and their descendants. At any rate, it attempted to act for them, 
 as previous colonial and provincial governments had done; it 
 appointed guardians and granted relief to the occupants of the 
 Indian Plantation or Reservation in Fall River, as appears more 
 fully by the reports of the State Board of Charities, the special 
 report to the legislature of L849, on the Indians in the State, the 
 Report of J. M. Earle in 1861 and the reports of the Guardian of 
 I River Indians, printed hereafter; and finally by St. L869, 
 
14 
 
 C. 163, it emancipated the Indians and removed all their dis- 
 abilities. 
 
 16. Since it appears that many families of the original 
 
 er the division of 17t>4 have become 
 extinct, it would seem that the Commonwealth may have acquired 
 title by reversion or escheat to i in question. 
 
 Mass. Rev. A. C/i. 133 ? 1 
 
 and previous statutes cited in margin running back to L692. 
 
 17. It is provided in the Constitution of this Commonwealth 
 that "whenever the public exigencies require that the property of 
 any individual should be appropriated to public uses, he shall 
 receive a reasonable compensation therefor' - . 
 
 . Declaration oj Rights, Art. LO. 
 
 It is provided, in the substitute hill, that due compensation 
 shall he made by the City of Fall River to persons aggrieved by 
 the taking of the lands in question. 
 
 18. Fall River asks that so far as the State's title extends, it 
 shall be transferred to another public corporation to be held by it 
 under such limitations, if any. as the Commonwealth now holds 
 under. Then the legislature is requested to authorize the city 
 
 e by eminent domain, paying whatever damages are suffered. 
 formerly these lands were held in trust by the State for a 
 small part of the people occupying them; now the State is asked 
 that they shall be held in trust for all the people living in the 
 vicinity, so that they may have a water supply whose purity and 
 increased capacitj shall be forever preserved from contamination. 
 
 19. In 1869 Governor Clafiin made an earnest recomme 
 tion to the legislature to enfranchise the Indians residing in the 
 Commonwealth. 
 
 See. Governor Claflin's Inaugural Address in 
 Acts 18C9, p. 843. 
 
 The legislature of L869 enacted the Magna Charta of Massa- 
 chusetts Indians, in consei ill the following provisions 
 which ended a tutelage of 249 years: 
 1869, < //. IC 
 
 ••An Act t<> enfranchise tin Indi 'lit. 
 
 "Section i. All Indians and people of color, heretofore known 
 and called Indians, within this Commonwealth, are hereby made 
 
L5 
 
 and declared to be citizens of the Commonwealth, and entitled to 
 all the rights, privileges and immunities, and s 
 duties and liabilities to which citizens of this Commonwealth are 
 entitled or subjei 
 
 "Section 2. All lands heretofore known as Indian Ian. Is, and 
 rightfully held by any Indian in severalty, and all such lands 
 which have been or may be set off to any Indian, shall be and 
 become the property of such person and his heirs in fee simple: 
 provided, that such lands shall not be held liable to be taken 
 upon attachment or execution for anj debl or liability which 
 existed before the passage of this act; and all Indians shall here- 
 after have the same rights as ether citizens to take, hold; eonvej 
 and transmit real estate. 
 
 "Section 3. The judge of probate of the county in which any 
 lands held in common belonging to any tribe of Indians may lie, 
 except in the case of the Indians of Marshpee and Gay Head, 
 upon the application of any member of said tribe, after notice to 
 all parties interested and a hearing of the same, if in his opinion 
 it is for the interest of said parties that any or all of said lands be 
 divided, shall appoint two discreet, disinterested persons commis- 
 to make partition of the same, and their award, being con- 
 firmed by said court, shall be final in the premises; but if he shall 
 adjudge that it is for the interest of said parties that the same, or 
 a part of the same, be sold, he shall direct the said commissi- 
 after they shall have given such bonds as the court may require, 
 to proceed to sell any or all of said lands, and to divide the pro- 
 ceeds of the same among' the parties rightfully entitled thereto in 
 proportion to their several interests therein, under the direction 
 of the said court; and the judge of probate of the county in which 
 any lands heretofore and now known as Indian lands, and claimed 
 eralty by any Indians, may lie. shall direct the said commis- 
 sioners to examine and define the boundaries of the lands right- 
 fully held by individual owners, and shall properlj describe and 
 le in writing, and such description being approved 
 by the court shall be final in the premises; ami the same, together 
 with all deeds of partition, division or sale made by such commis- 
 sioners shall be recorded in the registry of deeds in the county. 
 
 nissioners, including the cost of 
 recording said deeds the same being approved by the judge oJ 
 probate, shall be paid out of the treasury of the Commonwealth, 
 the same being also approve! governor and council. 
 
16 
 
 "Said commissioners are authorized to sue for, colled and 
 
 receive all funds belonging to or held in trust for, any ti 
 Indians for which said commissioners are appointed: and all such 
 funds shall he divided by said commissioners among tin- parties 
 rightfully entitled thereto under the direction of the probate 'Mint 
 of the county in which such tribe resides; and any property held 
 in trust by any person for any tribe of Indians shall he sold by 
 such person under the direction of the judge of probate, and the 
 proceeds nf such sale shall he paid over, to the commissions 
 divided as aforesaid. The judge of probate of Plymouth countj 
 shall have jurisdiction over all matters relating to the Herring 
 Pond Indians under this section. 
 
 "Any person aggrieved by any order, decree or denial of the 
 judKe of probate under this act. shall have the same rigl 
 appeal, under the same rules and regulations as provided for in 
 chapter one hundred and seventeen of the General Statutes: pro- 
 vided, that the attested copies and notices required to he given by 
 said chapter shall be served upon such parties as the judge of pro- 
 bate shall direct. 
 
 "Section 4. Upon the application of the overseers of the poor, 
 of any town, to the board of state charities, said board shall make 
 provision in the state almshouses or elsewhere for the suppi 
 any persons heretofore known as Indians who may be unable to 
 support themselves, and who have not acquired a settlement in 
 any town: and upon the application of anj Indian who has hereto- 
 fore received aid from the Commonwealth, the said hoard shall 
 furnish to such person in the state almshouses or elsewhere 
 aid as they may deem expedient. 
 
 "Section 5. The general agenl of the board of state charities 
 shall take charge of the house, and all property connected there- 
 with, in the town of Webster, belonging i" the Commonv 
 and may lease to persons heretofore known as members of the 
 Dudley tribe of Indians, upon terms substantially like thosi 
 which they have heretofore occupied it; or he shall, under the 
 direction of the board of state charities, sell the same al public 
 auction, and the proceeds of such leases or sale shall be paid into 
 the treasury of the Commonwealth." (Approved June 23, L869.) 
 
 20. Previous to the foregoing statute of 1869, the Indians 
 living in Massachusetts were subjeci to many civil disabilities. 
 They were unable to buy or sell land or contract liabilities like 
 
 white men. They were in a state of pupil., 
 
17 
 
 It was stated by Putnam J. that: 
 
 ■ "The provisions which have been adopted by the legislature, 
 in respect of this improvident race of men, have been dictated by 
 a single regard to fheir welfare. The guardian is empowered to 
 grant license to such of them as shall by industry, sobriety and 
 correct conduct, entitle themselves to the privilege to make con- 
 tracts generally, in particular to purchase real estate." 
 
 (1840) Thaxlei v. Grinnell, 2 Mete. 13, 14. 15. 
 
 The effect of the statute of 1869 was such that "it gave every 
 Indian a right immediately to have his share of the common lands 
 of the tribe set out to him or sold for his benefit." 
 
 Knowlton J. in 
 
 i 1891 i D . 1.M Mass. 181, 1-1 
 
 In the course of the same decision it was said: 
 "Having all the rights of a citizen an Indian, under this 
 statute, could sell and control, in any way. all his interests in 
 property whether legal or equitable, as freely as any one else". 
 Ibid. p. I-:; 
 
 Referring to the same subject. Gray -J. said: 
 
 "By the law of Massachusetts, until very recently, the 
 Indians were not subject to taxation, nor endowed with the ordi- 
 nary civil and political rights of citizens, but were treated as the 
 wards of the Commonwealth; the title in the lands occupied by 
 their tribes was in the State, and could not be alienated by them 
 without the consent of the legislature; and the use and improve- 
 ment thereof by the Indians was regulated by the legislature, 
 from time to time, at its discretion 
 
 "By recent legislation, the Indians of the Commonwealth 
 teen fully enfranchised from the subjection in which they 
 had heretofore been kept, and put upon the same footing as other 
 citizens: and provision made for the division of their lands among 
 them in severalty as their absolute property"; citing St. 1869 C. 
 163, and St. 1870. C. C. 213, 293, 350. 
 
 i 1-71 i Darnell v. Webquish, 108 Mass. 133, 134. 
 
 It was held in the same case that the minor children of 
 Deborah Danzell and of Marj Perry (the latter living in Fall 
 River) not having been born, nor having ever lived upon the lands 
 of the Herring Pond tribe of Indians (in Plymouth County) could 
 not have a right, under St. 1869, C. 463, to a share in the division 
 of the same; although their mother was one of the proprietors of 
 
1- 
 
 said lands and was bom thereon; but after marriage she went to 
 Fall River. 
 
 i L871) Darnell v. Webquish, 108 Mass. 133. 
 
 • 
 
 21. Precedent for the proposed action of the legislature, in 
 
 this instance, is found in the disposal of the Commonwealth's 
 in the lands of the Marshpee Indians in favor of the town 
 of Marshpee. 
 
 St. L870 ( . 293, &§ 1. 2 
 
 The constitutionality of this statute was attacked but fully 
 sustained by the supreme court which held, through Endicott J. 
 that, 
 
 "There is no constitutional objeel ion to any of these provisions. 
 The tenure by which these lands were held was peculiar. In 
 ring the privileges of citizenship upon these wards of the 
 Commonwealth and giving a title in fee simple to all lands held by 
 them in severalty under existing provisions of law. it was not onlj 
 proper hut a wise exercise of power for the legislature to frame 
 provisions by which common lands helonging to the town or the 
 tribe should he divided. The legislature could impose any reason- 
 able qualifications or restrictions upon the privileges and power 
 red by the statute, either upon the town or upon the people 
 known as the Marshpee tribe of Indians". 
 
 Ils7ti) Darius Coombs et'al, Petrs.. 127 Mass. 278 
 
 HISTORY OF TITLE TO 
 KALI. RIVER INDIAN' RESERVATION. 
 
 The lands now comprised within the territorial limits of Fall 
 were obtained in two parts; one from the Indians in 1659, 
 called the "Freemen's Purchase"; and the other from the Colony 
 of New Plymouth, in 1679-80, called the "Pocasset Purchase". 
 
 The Reservation includes the full width of the northerly 
 quarter of the Second Share, and the full width of the southerly 
 half of the Third Shan of the Freemen's Purchase, and extend- 
 from North Watuppa Pond easterly to the Proprietor's Way. or 
 "Head of Lots". 
 
 The Freemen's Purchase was deeded by Wamsutta and other 
 Indians to .lames Cudworth and other proprietors, April 2, 1659 
 
L9 
 
 Bk. 1. P. 361, Kail River Cop. Records; same in Bk. :;. 1'. Ilt'-HT 
 Bristol Co., No. Dist. Rec. Same in Fenner's Hist. Fall River, 
 1906, p i-V 
 
 The Second Shan of the Freemen's Purchase was allotted to 
 Humphrey Turner, one of the original proprietors. It descended 
 to his son Joseph Turner, who sold it to Israel Hubbard in 1671. 
 From him it passed to 1. Hubbard and Jonathan Dodson. History 
 of Bristol County. Boston History Company, 18t)!». p. 125. 
 
 Israel "Hubart" and Jonathan Dodson sell to Benjamin Church 
 the whole Second Share from Taunton River to Proprietor's Way 
 or "Head of Lots*'. Bk. 1. pages 383-6, No. Dist. and Bk. 1, p. 
 101, F. R. Cop. Rec. give the deed as follows: 
 
 Deed of 'Hubart" and Dodson to Benj. Church. 
 
 "To all Christian People to whom these presents shall come Israel 
 Huberd of the town of Scittuate in the County of Plimouth in the 
 Province of the masachuset Bay in New England yeoman and 
 Jonathan Dodson of the town & County afores sendeth ("reefing 
 Know yee that we the afores Israel Hubard & Jonathan Dodson 
 Hath for the Sum of one hundred i'v fifty pounds lawfull Currant 
 money in New England by them in hand Received, and well & 
 truly payd by Maj r Benjamin Church of Bristol! in the County of 
 Bristoll in the Province afores wherewith the said Israel Hubard 
 and Jonathan Dodson Doth acknowledge themselves Sufficiently 
 Sattisfyed, Contented, & fully & absolutely payd and thereof & of 
 every part and percell thereof, They Do exonerate acquit' & fully 
 Discharge, the said Benjamin Church his heirs Executors Admin- 
 istrators & Assignes forever. Have freely and absolutely < liven 
 granted Bargained sold Aliened Enfeoffed & Confirmed And by 
 these presents Doe freely Clearely fully & absolutely i 
 Bargain Sell Alien Enfeoffe & Continue from them the said Israel 
 Hubard it said Jonathan Dodson their heire.- & Assignes 
 
 forever unto him the said Benjamin Church his heires & assignes 
 forever A Certaine Tract or percel of uplands Scittuate lyeing & 
 being in ffreetown in the County of Bristoll afores' 1 being one Great 
 lott (so called and is the second lott from the fall River, being 
 Butted and Bounded, towards the south to the lott that was 
 somtime Timothy (fosters, lmt partly now in the possession of 
 Ralph Earle Jun r and toward the North to the lott y' was (formerly 
 
20 
 
 Christopher wadsworth, And liuting on the Salt water or River 
 
 that leadeth up to Taunton, on the west and Runing up into tin- 
 woods Easterly as far as the other lotts Do extend: to have and to 
 hold the afforesaid great lott of upland (be it more or less (Scittuate 
 & bounded as aforesd with all & Singuler the timber wood under- 
 wood stones Mines Minerals water Courses Herbage grass feed- 
 ings Rents profits Heridittaments Immunityes priviledges & appur- 
 tenances thereto belonging or in any manner of wayapp 
 with the Revertion & Revertions Remainder & Remainders to him 
 the said Benjamin ( !hurch his heires executors and Adm rs And to 
 the only proper use & usses benefit & behooffs of him the said 
 Benjamin Church his 1" itors Administrators & Assignes 
 
 forever. And the said Israel Hubard & the sd Jonathan I 1 
 Doth hereby promise Covenat & grant to and with the sd Benjamin 
 Church his heires & assignes that at the time of ye sealeing & 
 until] the Delivery of these presents, they the said Israel Hubard 
 & ye sd Jonathan Dodson are true only lawful! owners of all the 
 above given & granted premises and that they are lawfully Seized 
 of & in the same in their owne proper Right And thai they have 
 in themselves full power, Hood Right, & lawful! authority to give 
 grant Sell Convey & assure the same unto him the sd Benjamin 
 Church his heires & assignes forever as a good sure perfect & 
 absolute estate of Inheritance in Fee Simple without any m 
 of Condition or Revertion title of Dower or limmitation of 
 whatsoever, so as to alter Chainge Defeat or make voyde the 
 And that the said Benjamin Church his heires & assignes shall & 
 may by force <6 vertue of these p r sents, from time to time& a1 all 
 times Hereafter forever Lawfully Peaceably & quietly have hold 
 posess occupie & en.ioy all & Singular the above given & Granted 
 premises <& everj pari and percell thereof ffree<B Cleare & Clearelj 
 acquitted & fully Discharged of & from all. ami all mann 1 of former 
 & other (lifts grants Bargaines Sales Leases Mortgag Joyntures 
 Dowers, Entailes, Judgments, execution-, and exstents and of & 
 from all other titles troubles Charges & encumbrances whal 
 had made ('omitted Omitted or suffered to be Done By them the 
 sd Israel Hubard & Jonathan Dodson or hj then- privitie, or pro- 
 curement And farther the said Israel Hubard & the sd Jonathan 
 Dodson. Doth Covenant & promise to & with the said Benjamin 
 ( Jhurch his heires <S assignes that at his or their Reasonable i 
 and propei- Charges, they the sd Hubart & Dodson will Do such 
 farther lawful! act & Acts, thing & things for the farther Con- 
 firming & sure making of all the above granted premises, unto the 
 
21 
 
 said Benjamin Church his heires and assignes for ever, as by his 
 or their Councel Learned in the law shall be Reasonably Devized 
 red In witness whereof the said Israel Hubart & 
 Jonathan Dodson have hereunto sett their hands & affixed their 
 Seales this Sixth Day of September one thousand Six hundred 
 Ninety four In the Sixth year of the Reigne of o r Sovereigne Lord 
 &Lady King will and Queen Mary It is to he understood, before 
 ng& sealeing and it is hereby Declared & understood, thai 
 the abovesd Israel Hubart & Jonathan Dodson Doth sell one whole 
 Share of land, or their whole Right off land in the town of freetown 
 Conteined in & belonging to the above said lott unto the sd 
 Benjamin Church his heires & assignes forever 
 Signed sealed & Delivered 
 
 In the presence of us ISRAEL HUBART (Seale) 
 
 witnesses vizt. 
 
 Simon Davis JONATHAN DODSON (seale) 
 
 J no. Cary 
 
 This 25th Day of february L694-5 appeared ye abovesd Israel 
 Hubart and Did own & acknowledge the above written Instrument 
 & allso the posession written on the Backside to be his act & Deed 
 unto the abovesd major Benjamin Church, so far as said hubart is 
 Concerned in said Deed for his part Before me John Cushen 
 Justice of peace for the County of Plimouth" 
 
 'This 5th day of march 1694-5 appeared Sarah Hubart, the 
 wife of the s d Israel Hubard & Did freely & fully SUrender up all 
 her Right of thirds into the land above mentioned In the above 
 written Deed unto the aboves maj e Benja Church before me 
 John Cushen Justice of Peace for ye County of Plimouth 
 
 "The above Named Jonathan Dodson acknowledged this 
 Instrument above written to be his act & Deed & the Posession 
 on the Backside at the same time this Ninth Day of march L694-5 
 Befor Joseph Church Justice of ye Peace for ye County of Bristoll. 
 Memorandum that full and Peacable posession and Seizen was 
 given & 1 lelivered by the within Named Israel Hubart & Jonathan 
 Dodson of all the lands within mentioned unto the within Named 
 Benjamin Church & his heires according to the true Intent & 
 meaning of the within written Deed, on the Seventh Daj of 
 September Anno Dom.|Sixteen hundred Ninety four in the presence 
 of US whose Names are Subscribed. 
 
 the mark of (VO) RALPH EARLE 
 JAMES BURROUGHS 
 the mark of (2) JOHN ALLEN" 
 
22 
 
 Lieut. Benjamin Church sells to his son Constant Church the 
 Southerly three fourths of the Second Share from Taunton River to 
 Proprietor's Way or Head of Lots on April 12, 1707, Bk. 5, P. 214, 
 No. Dist.; Bk. 2. Page 67, F. R. Cop. Rec. 
 
 The Third Shan was allotted to Christopher (sometimes 
 written Xopher) Wadsworth, one of the original proprietors. 
 
 The whole Third Share-was transferred by John Wadsworth to 
 Latham Clarke and John Wilbore. History of Bristol County, 
 Boston History Company. 1899, p. 126. 
 
 By Agreement or Division Deed between Latham Clarke and 
 John Wilbor, Clarke takes the South Half and Wilbore the North 
 Half of the Third Shan. Dec. 5, 1700. Bk. 6, pages 375-376, No. 
 Dist.: Bk. 2, p. 248, F. R. Cop. Rec. 
 
 Latham Clarke and Ann, his wife, sell to Maj. Benjamin 
 Church the whole South Half of the Third Shan from Taunton 
 River to Proprietor's Way or Head of Lots, on Dec. 20, 1700. Bk. 
 .".. pages 291-292. No. Dist.: Bk. 1. p. :!:!7. F. R. Cop. Rec. The 
 deed reads as follows: 
 
 Deed or Latham Clarke and Wife to Benjamin Church. 
 
 "To all Christian People to whom these p e sents shall Come 
 Lathum Clerk & Ann his wife of the town of Newport on Rhoad 
 Island in v" Colonj of Rhoad Island & Providence Plantations in y e 
 Dominionof New Engld Sendeth Creetingin o e Lord God Everlast- 
 ing Know Yee that y e sd Lathum Clark & Ann his wife for Divirs 
 good& valuable Considerations them hereunto moveing Butt more 
 Especially for<S in Consideration of the sum of One Hundred & 
 forty pounds Curr' money of New England to them in hand payd 
 before y e Ensealeing hereof, Bj Ma.i 1 ' Benjamin Church of the town 
 of Bristol! in the County of Bristol I in the Province of the Massachu- 
 sett Bay In y e Teritory or Dominion of New England a foivsd. the 
 Receipt whereof the sd Lathum Clarke & and Ann his wile Bj 
 p e sents Acknow ledge <£ I herewith fully Sattisfyed Contented 
 & payd& thereof <§ Every part \- p''cell thereof Doe fully &Clearely 
 \ . - . 1 1 j 1 1 1 ami Discharge the said Majol Benjamin [Church his heires, 
 Executors Administrators & Every of them for Ever Have fully 
 Clearelj & absolutelj B sold, Enfeoffed & Confirmed, and 
 
 l..\ i hese presents Doe fully clearely X- al>solutely Bargained sell 
 
23 
 
 Enfeoff e & Continue unto y e sd Majo e Benjamin Church his heires 
 & Assignes for Ever The whole halfe share of that ffreemans 
 Lott of land in the Township of ffreetown Being- the Third lott in 
 Number so Called(\vhich wasGranted Enfeoffed & Confirmed unto 
 the sd Lathum Clerke & unto John Wilbore of y° town of Ports- 
 mouth on Rhoad Island aforesaid. By John Wadsworth Dec d late 
 of Duxbury, and is Now Equally Divided as may at Large appeare 
 By an Agreement Muttually made and Consented unto Between 
 them (the said Lathum Clarke & John Wilbore) Bearing date the 
 fifth day of Decemb Anno Domini One thousand seven Hundred. 
 The said halfe lott of land Butted & Bounded Northerly l> the 
 Divission line of said John Wilbores part of land of said lott Easterly 
 by Lands of Tiverton Southerly by Lands of Majo e Benjamin Church 
 Westerly by the River or salt water Which leades up to Taunton 
 with all other lands or claime of lands Belonging to y halfe lotte of 
 Land Or in any place whatso Ever upon the East side of Taunton 
 River. Belonging to the said Lathum Clarke Together with all & 
 Singuler the wood trees timber & {fences standing lyeing & Crow- 
 ing upon the same or any pail or p e cell thereof and all Rights 
 Liberties & Priviledges thereunto belonging or in any appertayne- 
 ing. 
 
 To have and to hold the whole the said Halfe share of that 
 ffreemans lott of land in the Township of ffreetown Being (the 
 third lott in Number so called I Butting and bounding as abovesd 
 with all other lands or claime of Lands belonging to y halfe lott of 
 land in any part or place whatso Ever upon the East side of Taun- 
 ton River belonging to the said Lathum Clarke Clarke with all 
 other the premises Liberties priviledges & appurtenances there- 
 unto belonging or appertayneing unto Majo e Benjamin Church 
 his heires & Assignes To his and their onely proper use Benefit & 
 behooffe for Ever & the said Lathum Clarke & Ann his wife for 
 themselves their heires Executors & Administ es Doe hereby Cove- 
 nant Promise & grant to & with the said Maj e Benjamin Church 
 his heirs and Assignes, That at & before the time of the Ensealeing 
 hereof they the said Lathum Clarke & Ann his wife or one of 
 them were the true and lawful! owners of the above Bargained & 
 sold premises & Every part& p e cell thereof and have in themselves 
 Just Right Power & Lawfull Authority To uive grant Bargaine 
 sellConvey& Assure y e same unto the said Majo e Benjamin Church 
 his heirs & Assignes Ass a good perfect and absolute Estate of 
 [nheiritance in ffee simple without any manner of Condition. 
 Reversion orLimittation whatso Ever So as to Alter ( Ihainge 1 lefeal 
 
24 
 
 or make voyde the same ffree & cleare& ffreely & Clearely acquitted 
 & Discharged, of & from all former & other gifts grants Sales 
 Leases Morgages .Jnynt i nvs Dowers or Powers of Thirds of said 
 Ann & off & from all other Titles troubles Charges & [in 
 vvhatso Ever And (further thai the said Lathum Clarke & Ann his 
 wife the said Bargained & sold premises unto the said Maj e Benja- 
 min Church his heire. & Assignes against themselves their heires 
 Executors & Administrators & Against all & Every other p 
 & persons Lawfully Claimeing the same or any pan thereof they 
 Shall & will well & truely & Suffeciently wan-ant & for Ever Defend 
 by these presents And that at Any time or times hereafter upon 
 Demand of the sd Maj e Benjamin Church & at his Cost & Charges 
 in the Law they will Doe & perform any such further Act or Acts 
 for the better confirmeing & sure makeing the above Bargained & 
 sold premises unto him his heires and Assignes as in Law & Equity 
 Can be Desired & Required. 
 
 In Witness whereof the said Lathum Clarke and Ann his wife 
 Have sett their hands and affixed their seales this Twentieth Day 
 of Decemb in the Tvvelveth year of the Reign of his Sacred Majestie 
 King William the Third over England &c: AnnoqB Domini one 
 thousand Seven Hundred. 
 
 Signed Sealed & Delivered 
 
 [n presence of us LATHUM CLARKE 
 
 Benj a Newberry 
 
 John Scot AXX CLAUKE 
 
 Tho: ffox: 
 
 The above Named Lathum Clarke & Ann Clarke his Now wife 
 acknowledged this Instrument above written to be their V 
 Deed the Ninth day of January 1700 
 
 .7(1.1 
 
 Before Joseph Church one of his Majesties Justices of the 
 Peace for the County of Bristoll." 
 
 In 1679-80 Daniel Wilcox is one of the original grantei 
 Pocasset purchase. Fenner's Hist. Fall River, L906 pp. 5-6. 
 
 In March, 1701, Daniel Wilcox petitioned the General Court to 
 accept his land and interests in Pocassel Purchase m paymi 
 
 a fine imposed upon him in August. 1693. 
 
 November 27, 1701, Daniel Wilcox conveys to Province of 
 
 Massachusetts Bay, the 1 1 1 h 'Six Score Acre Lot" in Si 
 
25 
 
 Div. Pocasset Purchase, the - Acre Lot, in Fourth Division 
 
 Pocasset Purchase, and l-30th interest in the Undivided Lands of 
 Pocassel Purchase. The deed is recorded in Book :?, pp. ."501-2, No. 
 Dist.; Book 1. p. 243, F. !;. ('op- Rec, and reads as follows: 
 
 Deed of Daniel Wilcox to the Province. 
 
 "To all People unto whom these presents shall Come Daniel 
 Wilcox of Little Compton in y e County of Bristol! within his 
 3 Province of the Masachusetl Bay in New England Yeo- 
 man sendeth Greeting Whereas the said Daniel Wilcox being at a 
 Superior Court of Judicature Court of Assize & Generall Goal 
 Delivery holden at Bristol! in the County of Bristol] aforesaid in 
 the month of August Anno Domini 1693 Convicted of High mis- 
 demeanors was by the said Court sentenced to pay unto his Maj ties 
 a fine of one Hundred & fifty pounds which he hath never ye1 
 payd haveing made his Escape out of the Sheiriffs hand sometime 
 
 the said sentance or Judgement was given and thei 
 Remove:! out of the Province abovesd. And whereas the said 
 Daniel Wilcox being Desireous of a Peaceable Return to his ffamilie 
 which was Removed from Little Compton aforesaid to Tiverton in 
 the County of Bristol! aforesd Did by a Pittion presented on his 
 behalfe by Maj 1 Benjamin Church unto the General 1 Court or 
 Assembly sitting at Boston in y e Province abovesd in the month of 
 March Last past before the date hereof make a propossall that for 
 y e Sattisfaction of the fine ordered to be payd by him as aforesd 
 lie would give a firme Deed of sale to the Province as should be 
 Directed of the several! Tracts of land hereunder mentioned 
 y is to say of an one Hundred & Twenty acre lott being the 
 fourteenth in numb 1 and of one forty acre lott being the second 
 in Number as appeares on Record in the Purchassers Booke of 
 Records in Tiverton and a Thirtyeth part or'a whole share of a 
 Tract of land that is undivided belonging to Tiverton Bounded as 
 followeth viz Southerly by the lands of Dartmouth west by lands 
 of Tiverton & ffreetown & Northerly by lands of Midlebori 
 Extending Last to a place Known by the Name of Quitticus And 
 hath prayed that upon his the sd wilcox compleating a Deed for 
 might be set at Libertie to goe home to his 
 ffamilie & Whereas the great and General! Court or Assembly set- 
 ting in the sd month of march last in answer to the aforesd 
 Pittion Did pass a Resolve that the Prayer therein he Granted and 
 Appointed Ebenezer Brentoi aid Maj r Benjamin Church 
 
26 
 
 &m ' william Pabodie A Committee to lake Care that Sutfecient 
 Deeds of Conveyance of the severall p e cells of land above men- 
 tioned be made & Executed by the sd Daniel Wilcox. 
 
 "Now these presents witness that the sd Daniel wilcox for & 
 in Consideration of the payments & Sattis the above 
 
 mentioned fine of one Hundred and fifty pounds Hath given 
 granted Bai I Aliened Enfeoffed Released Conveyed & 
 
 Continue. 1 & by these p r sents Doth fully freely Clearely and 
 absolutly give -rant Bargaine sell Alien Enfeoffe Release Convey 
 & Confirme unto the Council of his majestyes Province of the 
 Massachusett Bay aforesaid on whom the power & Authority of 
 the Governour of sd Pro Now Devolved (the Governor & 
 
 Leu- Governor of the same being both Deceased and to the 
 Assembly of the sd Province & to their Successers viz 1 the 
 ern' & Generall Assembly of the Province aforesaid for the time 
 being & their Assignes for Ever The severall percells of land 
 herein before mentioned That is to say The aforesd one Hundred 
 & Twenty acre lot being the fourteenth in Numb 1 in Ti 
 aforesaid and the aforesaid forty acre lot, being the second in 
 Number in the sd town of Tiverton Allsoeall that aforesd Thirtieth 
 part or whole share of a tract of land that is undivided belonging 
 toy 6 sd town of Tiverton and bounded a- before mentioned 
 tier with all (V- Singuler the Trees timberwoods under- 
 woods waters water Courses stones fields feedings .Marshes 
 Meadows Rights menbers profitts priviledges Comodities Advan- 
 tages Heridittament Emoluments & appurtenances whatso Ever 
 upon or in an elonging to y e severall p-cels of land 
 
 before granted or to any or ! them And all the Estate 
 
 Right Title Interest Inheiritance use propertie possession ' 
 X- I >emand « hatso E\ er of him the said I taniel Wilcox and his heires 
 of in Or to the same or any part thereof and the Revert ion A- ! 
 tions Remainder <S Remainders of the sa ■ and to hold thesd 
 
 severall percells of land. & p r mises herein before granted u 
 Councell & Assembly of the Province of the Massachusett Pay 
 aforesd and their Successors to witt the Govern- and Generall 
 Assembly of the said Province for the time being their Successors 
 & \ ignes for Ever, To their use & behoofe so as that the sd 
 lands & premises herein before granted Shall from henceforth for 
 Ever be & remaine at the i olute Dispose of the Govern 1 
 
 Commander in Cheife & Generall Assembly for the time being of 
 the Province aforesaid in such manner as the said Govern 1 or 
 Commander in Cheife & Generall Assembly maj grant or Dispose 
 
27 
 
 of any other lands belonging to & within the said Province of Y 
 ihusett Bay or any part thereof And the said Daniel Wilcox 
 for himself his heires Exe ee & Adm 68 doth hereby Covenant & 
 
 Agree to & with the Council ibly of y" Province aforesd 
 
 is aforesaid for the time being & their Assignes 
 
 that lie the .said Daniel Wilcox is, at & until the Ensealeing & 
 Delivery of these presents the true sole and law full owner of y e 
 said Severall percellsof land & premises herein before granted and 
 hath in himself full power good Right & lawful! Authority to granl 
 ■ 'he same in manner as aforesaid and that the 
 said Granted premises are free and Cleareand Clearely Acquitted 
 & Discharged of & from all & all manner of former & other 
 gifts grants Bargaines sales Alinations Mortgages Leases Releases 
 Joyntures Dowers Judgements Executions forfeitures seizures 
 Ameniaments. Titles troubles, Charges and incumbrances whatso 
 Ever And ffurther that he the said Daniel Wilcox his heires 
 Executo" & Admin r8 shall & will Warrant & Defend all «6 Singuler 
 the said Herein before granted premises unto the Council & 
 Assembly of the Province aforesd their Successors as aforesaid for 
 the time being & their Assignes for Ever Against the Lawfull 
 Claimes & demands of all & Every person & persons whatso Ever 
 And at their Request & at their Cost and Charges shall & will at 
 any time or times hereafter make seale & Execute any such fur- 
 ther Act Instrument or thing for the better Confirmation & Assur- 
 ance of the said granted premises according to the true Intent & 
 meaneing of these presents as shall be Lawfully or Reasonably 
 Divised advised or Required. 
 
 In witness whereof the said Daniel Wilcox hath hereunto setl bis 
 hand & seale the Twenty Seventh Da; lb' Anno Domini 
 
 1701. AnnoqB R. Us. Gulielmi Tertii Anglie: &c Decimo tertio: 
 Signed sealed & Delivered Signum 
 
 enceofus DANIEL (D WILCOX (Seal) 
 
 Ebenezer B 'enton 
 John Mulder 
 Benjamin Ellery 
 
 Portsmouth on Rhoad Island Novemb 1 y e 27th 1701: Personally 
 appeared the above Named Daniel Wilcox & Acknowledged the 
 above written Instrument to be bis A.c1 and Deed & his hand and 
 seale thereunto sett. 
 
 Before me JOSEPH SHEFFIELD Assistant" 
 
28 
 
 On Feb. is. L704, the General Court of Massachusetts Baj 
 Province assigns the above mentioned Wilcox land as a Plantation 
 0] i^servation for the Indians. 
 
 In Oct.. 1707, the General Courl of Provii sachusetts 
 
 Baj authorized the exchange of the Wilcox land, for land of 
 Benjamin Church in Second and Third Shares of Freemen's Pur- 
 chase, on the east side of North YVatuppa Pond. {The present 
 
 rvalion, 1907). Referred to in Deed Bk. 5, pages 506-507 No- 
 Dist; same in Bk. 2, page L43, 1-'. R. Cop. Rec. 
 
 April 1. 17()'.». the Province of Massachusetts Pay sells to Col. 
 Benjamin Church the above described Wilcox land; Bk. 5, paj 
 
 506-507, No. Dist.. and Bk. 2, p. 143. F.R.Cop. Rec. give the d 1 
 
 as follows: 
 
 Deed of Province of Massachusetts Bay to Benj. Church. 
 
 "ye seal of ye Joseph Dudley K q in Oheifein 
 
 Province of ye 
 
 Masachuset & over Her Maj es Province of the Massachusett 
 Bay in 
 
 N. E. Bay in New England in America Toall towhom these 
 
 presents shall come Greeting Whereas the Greal and Gei ■ 
 Courl of her Majesties Province of the Masachuset Pay in New 
 England at their Session held at Boston the eightenth of ffeb r5 1704 
 upon application to them, In-fore made by the Indians Resideingin 
 the Southern parts of the County of Bristol Divers of whome have 
 been very serviceable to ye Crown in the Late warrs with the 
 Indians, and some of them brought up in Englesh ffamalies: viz 
 That a Conveinient Tract of land maj be I to them for a 
 
 Plantation where they may settle together in an Orderly way and 
 have tlic benefil of enjoying the Ministrj & settlein ool for 
 
 the teecthing X- Instructing of the Children And there being a 
 Tract of land within the Township of Tiverton latelj Granted b 
 
 ernment by Daniel Wilcox. Resolved and Ordered that the sd 
 Indians he Accomidated with a settlemt for a Plantation upon the 
 aforesaid Lands to be holden bj them of his Majestii ment 
 
 with in this Pro\ ince Dureing the pleasure of the ( rovernment Ami 
 Ebenezer Brenton Esq 1 Mat 1 Benj fl Church & m 1 William ir<>: 
 are appointed to be the first Committee to Direcl I Irder and Regu- 
 late the said settlement or Plantation in Assigneing and setting 
 forth Due allottments or proportions of land to each tl'amil; 
 the Indians that shall or may come to lnhahitt or settle within the 
 aid Plantation To be severallj Occupied & Improved and to do all 
 
29 
 
 thing Relateing to the Concerns of the said Plantation two of the 
 sil. Committee to Act And whereas upon further Application made 
 by the said Indians the said Great and General Court at their 
 Sessions in October L707 upon the Report of their Committee Did 
 Allow of a propossal made for ye exchaingeing some of the sd lands 
 with Co " Benjamin Church for land of his Lyeing more Comodious 
 for the India Settlements & more Remote from the English And 
 Directed that proper and Legal! Instruments be Drawn accordingly 
 the lands to be holden of her Majesties Government of this her 
 Majesties Province bj the said Indians and their heires forever 
 Yielding unto the Govern 1 of the sd Province for ye time being 
 upon the tenth day of December yearly One quarter of Good 
 on in Lieu of all Rents and services not to be assigned or 
 Alienated but Continued an Indian Plantation forever as in and by 
 the Courts several Records Relation being thereto had will more 
 fully appear Know yee therefore that wee the Gov r Councill and 
 Assembly of the Province afore 8 Agreeable to the afore Rented 
 last vote And pursuant to the powers and Authorityes Contained 
 and Granted in and by her Majesties Royal! Charter for and in 
 on of the lands conveyed & Received on the afore 
 mentioned Exchainge by I >ecd from Coll Benj a Church bearing 
 even date with these presents Have given Granted Released and 
 Confirmed And by these presents Do fully and absolutely give granl 
 Release and Confirme unto the sd Colonel Benjamin Church his heirs 
 and assigns forever The two several Tracts and Allottments of land 
 hereafter Mentioned being scittuate in the township of Tiverton 
 in the County of Bristoll within the Province aforesaid Granted by 
 Daniel Wilcox late of Little Compton within the said County of 
 Bristol yeoman Deceased to ye Govermt in sattisfaction of a fine 
 by Deed bearing- date the Twenty seventh day of November One 
 thousand seven Hundred & One of Record in ye aforesd Count) 
 That is to say One lott being the fourteenth in Number Containing 
 One Hundred and Twenty acres and one other lott being the 
 second in Number Containing forty acres as appears on Record 
 in the Purchassers Book of Records in Tiverton afores Together 
 with all & singuler the trees timber woods underwoods Right mem- 
 bers profits priviledges Heridittaments EmollumentsAccomodat ions 
 & Appur 68 to them and each of them belonging or in any wise 
 Appertaining To have and to hold the said two severall Lotts of 
 land with the members & profits priviledges Heridittaments and 
 Appurtenances thereto belonging to the sd Benj a Church his heires 
 and assignes to his and their onely proper use benefil & behoof 
 
30 
 
 forever as his and their own free absolute and proper Estate of 
 Inherritance in ffee simple without any manner of Rent service 
 Dues dutyes or demandes by them or any of them to be yielded 
 Rendered or given In Testimony & Confirmation whereof the 
 Publicke seal of the said Province of the Massachusett May is 
 in set and affixed Dated at Boston the fourth day of April! 
 ' year of the Reign of our Sovereign Lads Queen 
 Anne I Srittain &c 
 
 .1 DUDLEY 
 This Instrument passed by order of the Gov 1 Council! & Assembly 
 
 ISAAC ADDINGTON, Secretary 
 
 April 1. 1709, Benjamin Church (in exchange for the Wilcox 
 land described in last deed) conveys to the P •■ Massachu- 
 
 setts Bay the full width of the northerly Quarter of the 
 
 and the full width of the South Half of the Third Shan 
 Freemen's Purchase, from North Watuppa Pond easterly to 
 Proprietor's Way or Head of Lots. Bk. 5, pages 188-489, No. 
 Dist; Bk. 2, p. 110-111. F. R. Cop. Rec. The deed reads as 
 follows: 
 
 Deed of Eenj. Church to Province for Indians. 
 
 "To all People to whom these p r sents shall come Benjamin 
 Church of Tiverton within the County of Bristol in her Majesties 
 Province of the Massachu :1 Bay in New England in America 
 sendeth Greeting whereas upon a proposall made to the Croat and 
 general Court or Assembly of the s Province in favour of ye Indian 
 Natives Resideing in ye southern parts of the s County of Br is toll, 
 Divers of whom have been very s >rviceable in the present & former 
 Wars and some of them brought up in English families, for ex- 
 changing some of the lands formerly granted to ye Goverm Bj 
 Daniel Wilcox Yeoman since dec , Lyeing in Tiverton, and Allowed 
 to the Indians for a settlein' and Plantations, with the s Coll° 
 Church for land of his lyeing more Commodious for the Indians 
 settlem & more Remote from the English. The General! Assembly 
 at their Session in October 17n7 upon the Reporl of their Com- 
 mittee appointed to View the S d lands did Allow of the said pro- 
 posall and exchainge & Direi rid Legal! Instru- 
 
 be drawn accordingly the land m in Exchai 
 
 be holden of her Majesties ( iovernmeiit of j e s Province by the s 
 Indians & their heires forever Yeilding to the Govern 1 of the s 
 Province for the time being upon ye tenth day of December Yearlj 
 
31 
 
 One quarter of good venison in Lieu of all Rents & services 
 
 or Allienated but Continue:! an Indian Plantation for- 
 ever as in and the said Courts Records Relation thereunto being 
 had, may more fully appear. Now Know yee that I the s' Benj a 
 Church pursuant to the afore Recited vote and (ov & in Considera- 
 tion of tin- proposed exchainge viz . two lotts of land heretofore of 
 Daniel wilcox lyeingin Tiverton within the said County of Bristol, 
 by him Transffered to the Govern & by them now passed & made 
 over to me by Deed bearing even date with these presents One lot No 
 14 Containing six score acres and the other number 2 Containing 
 forty acres. Have given granted Bargained sold Released enfeoffed 
 and confirmed and by these presents for me & my heirs Do freely 
 fully and absolutely give grant Release Convey and Confirm unto 
 Joseph Dudley Esq 1 Present Govei n 1 of the Province of the Massa- 
 ehuset Hay afores the Councill & Assembly of the said Province 
 and to their successors and Assignes forever Part of the said 
 Benj a Church his second & Third Great lotts of land being the 
 easterly pari ing scittuate in ffreetown within the County 
 
 of Bristoll afores Measureing One Mile and a Quarter in Length 
 & sixty four Rods in width Containing One hundred & sixty Acres 
 Butted and bounded northerly on the land of John Willbore East- 
 erly upon Tiverton undivided lands Southerly on the land of 
 Constant Church and westerly on the great watupa Ponds or how- 
 ever other wise the same is Bounded or Reputed to be bounded 
 Together with all and singuler the Trees timber woods underwoods 
 waters water Courses Stones fields feedings Marshes Meadows 
 Rights members Profits PriviledgesComodityes advantages Heredi- 
 taments emoluments & Appur ces what soever upon or in any wise 
 belonging to the sail I several of land herein before granted or to 
 any or either of them And all the estate Right Title Interest 
 Inheiritance use property possession Claime and demand of me 
 the sd Benj a Church of in & to the same & the Reverstion & 
 
 tions Remainder and Remainders thereof To have and to 
 hold the said lands & premises herein before granted with the 
 members and Appur cea thereof to the sd Govern r Councill & 
 assembly of the Province aforesd for the time being their succes- 
 
 d Assignes forever so as that the sd Land & premises shall 
 from hence forth forever be and Remain at the ['rw and absolute 
 he Govern 1 & Generall Assembly of thesd Province for 
 the time being as the Govern r and Gen" Assembly may grant or 
 dispose <>f any other Publique or unapprop] iatted land belonging to 
 & within the sd Province of the Massachuset Bay, But allways 
 
32 
 
 ed for a plantation & settlement for the 
 Indian Natives And I the said Ben j a Church for me my 
 executors & Adm 1 Do Covenant Grant and Agree to & with the sd 
 embly for the time being their successors 
 & Assignes to warrant and defend the said land & premises with 
 the members anil appurtenances thereof unto them against the 
 Lawfull Claime and Demand of all and every i 
 whomsoever In Wittness whereof I the said Benjamin Church 
 t1 my hand and sea) the fourth day of April 1709 
 In the eighth year of the Reign of our Sovereign Lady Queen 
 Anne. 
 
 Signed sealed and Deli BENJA CHURCH(Si 
 
 In the presence of us 
 Benjamin Dyer 
 Thomas Maccarty 
 
 "Suffolkss -Boston Aprill ye 1th 1709 The within named Benj a 
 Church p'Vonally appearing before me ye subscriber One of her 
 MajestiesJustices.il' the Peace Acknowledged the within and 
 above written lustrum 1 to be his Act and Deed 
 
 ISAAC ADDINTON." 
 
HISTORY 
 
 OF 
 
 FALL RIVER INDIAN RESERVATION. 
 
 Outside of the public records, a few implements and utensils, 
 a few family traditions, very little has come down to us directly 
 from the Indian i i on the eastern shore of North 
 
 Watuppa Pond, in that part of Fall River now called Indian Town. 
 In order, therefore, to reconstitute the life of tl ent we 
 
 must have recourse to public documents and to hooks of local or 
 general history. These sources of information have been resorted 
 to. and the result is given here. The records tell us that in L764-5 
 ere 59 Indians in Freetown which included Fall River then. 
 As there were no other Indian settlements in Freetown. mentioned 
 in local histories, we infer that these 59 Indians resided at Indian 
 Town. Fall River, where land was set off to them. 
 Mass. Census, 1SG0, / 
 Ecu I ' n I nd ia n.s, i - II) 
 
 In L849, a full report on the Indians of the Commonwealth 
 was made to the legislature by Francis W.Bird, Whiting Griswold 
 and Cyrus Weeks appointed for the purpose, in ISIS; and they 
 say in thai report, (House Document No. 46 of 1849), that the 
 number of the Fall River Indians is :!7. 
 
 In 1861, -1. M. Earle found 78 Indians belonging to the tribe. 
 (Earle's Reporl on Indians, S mat" Doc. No. 96 of 1861, p. 77) . 
 The last report of Benjamin F. Winslow, who was the guardian of 
 the Fall River Indians, appointed by the state, from ISIS to lSti'.i 
 (under the Resolve of April 16,1836,)(! Documents 
 
 No. 16 of L849) does not state the number under his char. 
 good account is given of the Fall River Indians by John Milton 
 in 1361, as follows: 
 
 "The ball River Indians. were not originally a 
 
 distinct tribe or community, and the word tribe as applied to them 
 
 is used simply as a mattei designate the 
 
 idants of th dlj Indians, who served the whites in 
 
 the com pair. n James Church [an Indian serving under 
 
 Col. Benjamin Church] in the war against King Philip 
 
 They are descendants of the tribe of the Wampanoags, and 
 
35 
 
 are distinct from the remaining Indians of the region thereabout 
 (who had a common origin with them) only by the fact oi 
 possession of the plantation, and. in ice thereof, being 
 
 placed under guardianship by the government of the State." 
 'ted /'. 82. 
 The territory of Fall River was included in the Plymouth 
 : and it is interesting to note that the native Indians who 
 inhabited this part of the country, in 1620, when the Pilgrims 
 landed at Plymouth, belonged to the warlike and once powerful 
 Algonquin race, the most numerous of all the Indian nations in 
 North America. Its dominions extended north, as fai 
 Hay: south, as far as the Carolinas; they were bounded on the 
 east by the Atlantic Ocean, and on the west by the Mississippi 
 river and Lake Winipeg. (Parkman, Hist. Consp. Pontiac, p.25). 
 They greeted Jacques Cartier at Quebec, welcomed the Pil- 
 grims at Plymouth, and clasped hands with William Penn at 
 Kensington in Pennsylvania. Their ancestors, no doubt, witnessed 
 
 si1 of the Northmen, or the Welsh, in Vinland, about A. l».. 
 1000, nearly live centuries before Christopher Columbus discovered 
 America. (Anderson d by Columbus, Chicago 
 
 1874; Bowen, lm by i/i, Welsh, 1876; Miller, King 
 
 Philip and Wampanoags, 2nd. ed. 1885, Prov., pp. 1 t i 10; 1 Winsor, 
 
 \m.. pp. 64-5; 2 Bancroft, Hist. U. S., p. 99; 7th ed., Boston, 
 1840; Munro, Hist. Bristol, p. 17 et seq., Prov. 1880). 
 
 The forefathers of the Fall River Indians, no doubt, were the 
 authors of the pictographic inscriptions on Dighton Rock, and on 
 that other rock lying near Mount Hope, probably to commemorate 
 the event of some great conflict among hostile Indian tribes. And 
 the "Skeleton in Armor", found in Fall River in 1882. in a sand 
 bank at the junction of Fifth and Hartwell Streets, and sung by 
 
 ellow, must have been one of their great chieftains whose 
 memorable deeds are carved in the almost inscrutable picture 
 writings on the historic locks now washed by the fresh waters of 
 
 >n river, and the salt waters of Narragansett Bay. Miller, 
 
 Philip and Wampanoags, 6, 7. 8; Fowler, Hist. Fall Ri 
 Fenner, Fall River. 2~>: 1 Winsor, Hist. Am., p. 104, note 4; 
 1 Schoolcraft. Indian tribes in U. S., pp. 284, 112: (i Schoolcraft. 
 Ind. Tribes, pp. 113^114. It was customary for Indians to record 
 great events by chiselling into some solid rock symbolistic signs; 
 and the Old Colony Historical Society of Taunton, among other 
 Indian relics, has the headstone of an Indian which shows his 
 conversion to Christianity by having an arrow pointing to a cross. 
 
The first knowledge we 1. ■ Indians in this section, 
 
 (in the accounts of later travellers), is from Verrazano, a Floren- 
 ot, who was sent out by Francis 1st of France, in 1524. in 
 command of the ship "Dolphin" or "Dauphin". (Miller, op. cit. 
 p. 1; Fenner, Hist. Fall River, L). The Indian houses or wig- 
 wams are described by him thus: "We saw their houses, made in 
 circular form, ten or twelve paces in compass, covered with mats 
 of straw, wrought cunningly together. They live long and are 
 seldom sick, and if they chance to fall sick at any time, they Ileal 
 themselves with tire, without any physician, and they say they 
 die tor very age". (Miller, p. 4.) This seems to agree with 
 later accounts of Roger Williams. Schoolcraft and others. 
 
 Previous to the arrival of the white settlers in New England, 
 tli" Indians had been greatly reduced in number, in consequence 
 of into. mflicts, among the vario but more particu- 
 
 larly on account of a great epidemic or pestilence which occurred, 
 
 the arrival of the Pilgrims at Plymouth, about thi 
 L616 or 1617. (Miller. King Philip and Wampanoags, p. 12: 
 Peirce, Indian Hist., p. 2; Ellisand .Morris, King Philip War, p. 17: 
 Munro, Hist. Bristol and Alt. Hope p. 27. i 
 
 The same Algonquin race was divided into several tribes, such 
 as the Pequots ami Mohegans, residing in Connecticut: the 
 Narragansetts on the western shores of Narragansett Bay, includ- 
 ing Providence; and the Wampanoags who included the l'okanokets 
 living on the eastern shore of Narragansett Hay. including War- 
 Swansea, .Mass.. Mount Hope and Bristol, R. 1.: and the 
 Seaconnets, Pocassets and other tribes living in the southern part 
 of Massachusetts as far south as tin- Atlantic Ocean at Sea- 
 connel Seaconnet, which is in the town of Little Compton, R. I., 
 was then under the jurisdiction of Plymouth colons. The tribes 
 of the Wampanoags, (excep Pokanokets) were under the 
 
 immediate jurisdiction of sub-chiefs or local rulers, called sachems: 
 for instance, the Seaconnets, under the squaw-sachem Awashonks 
 residing al Seaconnet, in Little Compton, R, I., and the Pocasset 
 Indians inhabiting what is now Tiverton and the present city of 
 Fall River. The territory of Tiverton and Little Compton was 
 then a part of Plymouth Colony, as h stated. (Peirce, 
 
 Indian History, 6, 7; Dexb trch Hist. King Philip 
 
 War. Pref.p.6.) The Fall River conti Indians was some- 
 
 Hist. Fall River, p. !•".. note), 
 
 e most of them lived with that tribe, called after the name 
 
 of Pocasset, which was the geographical Indian name for the 
 
37 
 
 territory including what is now Fall River, Mas... and hverton, 
 R I (Fowler, Hist. Fall River, 7), The squaw-sachem oi the 
 Pocassets, Weetamoe, was the wife of Wamsutta, sonof Ma 
 
 brother of King Philip. She owed soi a leg.anee 
 
 to Massasoit, the Great Sachem, or the supreme head of the 
 Wampanoags, who lived at Sowams, (now Warren, R. L), as tn< 
 immediate sovereign of the Pokanokets. The latter had thi 
 settlements, one at Warren, the other at Mounl Hope, and a third 
 at Kiekenu.it Spring, (now Swansea), along the river of that 
 name. (Peirce, Ind. Hist., 9, 37; Fowler's Hist. Fall River, 5, 6,7, 
 Fessenden, Hist. Warren, (1845) p. 13). _ 
 
 ,,, the Fall River Indians were Pocassets. their geogra- 
 phic name; they were Wampanoags from their political, and 
 klgonquins from their racial connections. 
 
 sed by the white men to dispose of his lands the red man 
 did Sl lily, without foreseeing the consequences to his race 
 
 of the advance of the pale faces. It meant inevitable friction 
 which culminate! into the armed conflict known in history as King 
 Philip's War. covering 1675-76. At that time the white population 
 of Plymouth colony "contained not much less than seven thou- 
 sand"; that of Massachusetts proper was"more than twenty-two 
 thousands". The Indians numbered about 50,000, in New 
 
 England; -.Massachusetts with Plymouth had not _more 
 
 than twelve thousand" (2 Bancroft, Hist, of U. S., 93-4; tth 
 Boston 1840). It wasestimated that the Pocassets, i by members 
 of which tribe the Fall River Indian Reservation was settled) 
 "were so numerous that her armed men, able to go ou1 upon the 
 war path, were suppose! to number three hundred" (Peirce. Ind. 
 Hist p ii, "As the forests were cleared, and the settlements 
 increased, the wild game on which the Indian largely relied tor 
 his subsi , scarce, while the more valuable of the fish- 
 
 ing resorts were monopolized by the English" (Miller, K. Land 
 Wampanoags. 33; see also 2 Ran,,,,,. Hist. US 99). King 
 Philip (also called Metacomet), the second son oi Massasoit, at 
 his brother Wamsutta's death, became chief sachem ol the \\ 
 nanoagsand the immediate sachem of the Pokanokets; and had 
 his seat with the Pokanoke, tribe, at Mount Hop- He refused to 
 embrace the Christian religion and was averse to the preachm 
 missionaries. Ho told Roger Williams that he did not- care more 
 forhisl , tnthe hut. on on his cat; E. & M. King Philip 
 
 War "l I. was supposed bj tiversion oi 
 
 an Indian was only another metho ' mto the 
 
white man's tribe. This, no doubt, wasanother ostility 
 
 stirred up in the in-cast of the red man. (Id. 24. 
 
 "It is difficult, for the civilized man and the sa 
 
 to understand her. \s a rule the one does not know what 
 
 the other is thinking about": John Fiske, Beginnings of New 
 England, p. 236, (Bo 
 
 • Referring to John Eliot's work he says: "His design in 
 founding his villages of Christian Indians was in the highest 
 benevolent and t the heathen Ind [hardly 
 
 be expected to see anything in it but a cunning scheme for 
 destroying them. Eliot's converts were for the most part from 
 the .Massachusetts tribe, the smallest, and weal.. 11. The 
 
 Plymouth converts came chiefly from the tribe next in weakness. 
 the Pokanokets or Wampanoags. The more powerful t 
 ansetts, Nipmucks and Mohegans - furnished ver 
 converts. When they saw the white intruders gathering me 
 of the weaker tribes into villages of English type, and teaching 
 them strange gods, while clothing them in strange garments, they 
 probably supposed that the palef; 
 
 Indians into their whiti , means of increasing the military 
 
 strength". Fiskc, Beg. A". /■/./>. 237. 
 
 A similar view is expressed by another authority: 
 
 "When v. so-called 'deeds' by which the 
 
 English colonist., obtained from the sachems wide spaces of terri- 
 tory on the consideration of a few tools, hatchets, kettles or yards 
 ii, we naturally regard the tran i imply illustrating 
 
 the white man's rapacity and cunning in tricking the simplicity of 
 
 ire that in manj such cases the 
 Indian secured what was to him a full equivalent for that with 
 which he parted. For, as the whites soon learned by experience. 
 the savages supposed that in such transactions they were not 
 alienating the absolute ownership of their lands, i . enant- 
 
 ing for the right of joii icy with the English. And then 
 
 the coveted tools or implements obtained by them repre 
 a value and a \\>v not n by any reach of wild territory. 
 
 A metal kettle, a spear, a kn transformed the whole 
 
 life of a savage. A bla for him a whole wardrobe. When 
 
 he came to bi or of firearms, having regarded himself 
 
 the equal of the white man. he at once became his superior". 
 G. I:. Ellis, in 1 Winsor, Hist, of Ann r, 
 
 "It would seem as if the native tribes, when Europeans first 
 secureda lodgment, were beguiled by a fancy which in most eases 
 
39 
 
 was very rudely dispelled. This fancy was that the new comers 
 might abide here without displacing them. The natives in giving 
 deeds of lands, as has been said, had apparently no idea that they 
 had made an absolute surrender of territory, They seem to have 
 imagined that something like a joint occupancy was possible, each 
 iif the parties being at liberty to follow his own ways and in1 
 without molesting the other. So the Indians did not move off toa 
 distance, but frequented their old haunts, hoping to derive 
 advantage from the neighborhood of the white man. King Philip 
 in 1675 discussed and acutely denned the utter impracticability of 
 any such joint occupancy. He indicated the rootof theimpi 
 ruin of his own race, and he found a justification of the conspiracy 
 which lie instigated in pointing to the white man's clearings and 
 fences, and to the impossibility of joining planting and hunting, 
 and domestic cattle with wild game". Bl/is in 1 Winsor, Hist. 
 An,., pfi 296 7. 
 
 Washington Irving, in his Sketch Rook, has devoted an inter- 
 esting chapter to a study of the Indian character: and another to 
 Metacomet, the grand sachem of the Wampanoags, to whom the 
 Fall River Indians owed allegiance, above their immediate sub- 
 chief of the Pocassets. Undei "Philip of Pokam 
 he says: 'He was a patriot attached to his native soil a prince 
 true to his subjects, and indignant of their wrongs a soldier. 
 daring in battle, firm in adversity, patient of fatigue, of hunger, 
 iry variety of bodily suffering, and ready to perish in the 
 cause he had espoused. Proud of heart, and with an untamable 
 natural liberty, he preferred to enjoy it among the boasts 
 of the forests or the dismal and famished recesses of swamps and 
 morasses, rather than bow his haughty spirit to submission, and 
 live dependent and despised in the ease and luxury of the settle- 
 ments. With heroic qualities and bold achievements that would 
 raced a civilized warrior, and have rendered him the theme 
 poet and the historian, he lived a wanderer and a fugitive 
 in his native land, and went down, like a lonely bark foundering 
 amid darkness and tempest, without a pitving eye to weep his fall 
 or a friendly hand to record his 
 
 The subject of King Philip's war is summed by Bancroft, as 
 follows, after showing the weakness of the Indian as compared 
 with the white man: 
 
 'The individii.il. growing giddy in danger, rushes as it were, 
 towards his fate; so did the Indians of New England. Frenzy 
 ■prompted their rising. It was but the storm in which the ancient 
 
to 
 
 inhabitants oi the land were to vanish away. They rose without 
 hope, and. therefore, they fought without mercy. For them as a 
 nation, there was no to-morrow". 2 Bancroft, Hisl US p ltd 
 rhe fate of the red man. in these parts. ,„,w thai he lives 
 only m memory, is surrounded with a halo of romance and po< 
 whu-h can scarcely lie dispelled. 
 
 . " In Nerval of peace, and in some favored recesses 
 
 where game abounded and the changing seasons brought p 
 festival plays, and scenes of jollity, there were even fascinations 
 to delight one of simple tastes, who could enjoy the aspects of 
 nature share the easy tramp over the mossy trails, content him- 
 self with the viands of the wilderness, employ the long hours f 
 azmess in easy handiwork, delight in basking beneath the soft 
 hazes of the Indian summer, or listening- to the traditional | ] 
 the winter wigwam". Ellis, in 1 Winsor, m M 092 
 
 Now that the vo e stilled there is an 
 
 almost universal longing for Indian folk-lore. x„ one can solve a 
 great many problems of sociology without pointing hack to 
 primitive conditions of man on this continent. V man 
 
 be said to have contributed his share to the gr> ty of 
 
 menta attributes and human experience. Very frxv writers have 
 en him due credit for his qualities, whereas his vices hi 
 
 The theme is a vast one. and has 
 andpoints. Fertimore Cooper in his 
 " Th e Lasl of the Mohicans" (the Mohicans or 
 Moheganswere race, and spoke the same language, 
 
 as the Fall River Indians) says: •'Few men exh.hu greater diver- 
 sity, or, | we may so express it, gp 
 
 than the native warrior of North America. In war he is dar 
 boastful, cunning-, ruthless, self-denying-, and self-devoted- in 
 Peac' i, hospitable, revengeful, superstitious, mod 
 
 and commonly chaste. These are qualities, it is true, which do 
 not distinguish all alike; buttheyare so far the predominating 
 
 remarkable] pie as haracteristic It is 
 
 hal the aborigines of the American continent 
 have an Asial tc origin. There are many physical, as well as moral 
 tacts which corroborate this opinion, and some feu- that would 
 seem to weigh against it." 
 
 A-nother riew of the Fall Fixer Indians is given thus- 
 'There remains today verj little to recall the red man 5a 
 e Particular spot, such as on Mount Ih on the opposite 
 
II 
 
 -hurt' from Fall River, where nature seems to have carved in the 
 solid rock a place which is still called the chair of the famous 
 
 chieftain, King Philip. A few Indian names have ' n adopted 
 
 by the mills, given t<> streets or clubs, I he memorj of 
 
 the untutored child of the woods has vanished like the mists before 
 the sunshine from the present busy generation of men. We can- 
 not dismiss him from our recollections, however, without thinking 
 trange destiny which awaited him tv ago. How 
 
 bewildered he must have been when the first pale face saw him in 
 his pristine glory. He was then the monarch of the forest, the 
 proud possessor of boundless acres, the only explorer of the lakes 
 and streams. He lies now in unmarked ami . with- 
 
 out an epitaph to tell id' his valor, and without a record of his deeds 
 except that which his foes have seen tit to preserve. Yet how 
 often every student of social science recurs to the subject of primi- 
 tive man to solve the intricate problems of our complex civilization. 
 Peace to your ashes, wild child of nature! While you trod the 
 thorny path of life you were favored 1 y the grandest sights given 
 to man to behold; every law of nature was a deep mystery to you, 
 yet. in t>\vry wind that blew and every ray of sunlight which 
 brightened your wig-warn, you saw the majesty and power id' the 
 Omnipotent; you bore striking' testimony to the existence of the 
 living God, and offered the strongest instinctive proof of the 
 immortality of the soul. This alone should make the recollection 
 of your race. immortal and embalm i1 forever in the memory of 
 every believer in the divinity of the Creator of the world." 
 Dubuque, Art Work of Fall River, or, ! : <ill River Illustrated, ( 
 L897, p. II. 
 
 Parkman referring to the subject says: "The Indian is a true 
 child of the forest and the desert. The waste- and solitud 
 nature are his congenial home. His haughty mind is imbued with 
 the spirit of the wilderness, and the light of civilization falls on 
 him with a blighting power. His unruly pride and untamed free- 
 re in harmony with the lonely mountains, cataracts and 
 rivers among which he dwells: and primitive America with her 
 savage scenery and savage men. open.- to the imaginatio i a bound- 
 less world, unmatched in wild sublimity In an 
 Indian community each man is his own master. He abhors 
 
 restraint, and own.-, t ther authority than his own capricious 
 
 will; and yet this wild notion of liberty is not inconsistent with 
 
 certain gradation of rank and influence " A sachem 
 
 mself in opposition to the popular will which is the sovereign 
 
12 
 
 power of these savage democracies." Parkman, Hist. Pontiac, 
 1,2,3, Boston, L863. < Yet, notwithstanding these generalizations, 
 the influence of good Massasoit, the head chief of the Wampai 
 and the kind friend of the whites, succeeded in keeping his various 
 tribes from troubling the Pilgrim settlements for some forty-one 
 years, and in having them observe strictly the treaty of amity and 
 peace which he had made with the governor of the Plymouth 
 Colony, -"(.n after the landing of the Pilgrims. 
 
 Speaking of the effed of the contact of the white race with 
 the red men. .John Fiske says: 
 
 "There can, moreover, be little doubt thai the material com- 
 fort of the Indians was for a time considerably improved by their 
 dealings with white men. Hitherto their want of foresight and 
 ihi'it'i had been wont to involve them, during the long winters, in 
 a dreadful struggle with famine. Now the settlers were ready to 
 pay liberally for the skin of every fur-covered animal the red men 
 could catch 
 
 '"The Algonquin tribes of New England lived chiefly by hunt- 
 ing, but partly by agriculture. They raised beans and corn, and 
 succotash was a dish which they contributed to the white man's 
 
 table. They could now raise English Better 
 
 blankets and better knives were brought within their reach; and 
 in spite of all the colonial governments could do to pre\ en1 it. they 
 were to some extent enabled to supply themselves with muskets 
 and rum." fohn Fiske, Beginnings oj A'< ., England, p. 228. 
 
 The unavoidable clash between the white and the red men was 
 anticipated from many symptoms of unrest on the part of the 
 latter. The race id' the red men was run; the builders of an 
 empire, in the form of a future great republic, were advancing 
 steadily, and taking possession of the new world, overcoming all 
 obstacles. But the misgivings of the English colonist were soon 
 realized, although some of his leaders may have been mistaken as 
 to the cause of his troubles. 
 
 Brooks Adams says: 
 
 "So early as 1671, the movements of the Indians began to 
 give anxiety; and in L675 Philip's war broke out. which brought 
 the colony to the brink of ruin, and in which the clergy saw the 
 judgmenl of (led against the Comn for tenderness 
 
 inward the Quakers." 
 
 Adam-. Emancipation of Massachusetts, pp. llni-T i Boston, 
 1887 i citing . Magnalia, bk. ■">. pt. 1. 
 
13 
 
 It was undoubtedly one of the lessons of history well brought 
 
 out by De Tocqueville that the conquered race, being infenor.was 
 
 slow progress towards civilization. Whereas when 
 
 ectuallj inferior.as when barbarian 
 
 tie, the conqueror receives more readily the 
 
 benefits of the superior advancemenl oft! 
 
 nutate. 2 Democratic en Amerique, p. 288 (-** £*. 
 
 1835) 
 \l„„,i the year L628 the Indians, who heretofore had only 
 
 I h„ws and arrows, in hunting or in war. were taught to use 
 firearms Bradford, Hist. Plymouth, p. 283. (Sfa* Ed Bo 1898) 
 
 "Hitherto ye Indians in these parts had no peeces nor other 
 amies but their bowes and arrowes. dot for many years alter, 
 nether durst they scare handle a gune, so much w< re they attraid 
 of them; and ye very sighl of one (though out of kilter) was a 
 terrour unto them". (Id. i 
 
 But afterwards they became expert marksmen; speaking ot a 
 
 colonist he says: 
 
 '•And having thus instructed them, he employed them to 
 hunte and Eowle for him, so as they became far more active in I ha1 
 employment than any of ye English by reason of their swiftness 
 of t'oote and nimblenes of body, being also quicksighted, and by 
 continual! exercise well knowing ye hants of all sorts ot game. 
 So as when they saw ye execution that a peece would doe. and ye 
 
 efite thai mighl te I- ye same, they became madd, as it 
 
 were after them, and would not stick to give any prise thej could 
 attaine too for them; accounting their bowes ^ arrowes but 
 Babies in an of them." Bradford, Hist., Plym . pp. 286 r. 
 
 The King Philip war with its attendant evils and destruction 
 took place in 1675-76, between the whites and the Indians, in part 
 over the territory of Fall River and vicinity, and it ended bj 
 death of King Philip, the last sachem of the Wampanoags.whowas 
 killed near Mount Hope, on Augusl 12th, 1676. (Peirce, Indian 
 
 History, p. 155). In the cour E thai war it became necessary. 
 
 if not indispensable, to have a contingenl of Indian soldi 
 These were naturally found among "praying Indians" that is, 
 those who had become Christians, or were friendly to the white... 
 While Weetamoe, the sachem of the Pocassets, who ruled over 
 the Fall River Indians, cast her lol against the colonists, and went 
 ..,.,„ her brother-in-law, and liege lord, Kiev. Philip, yel many 
 of | c ts, including her third husband, Petonanuit, called 
 
 "Ben" bj the English, remained true and loyal to the la1 
 
11 
 
 (Peirce, Ind. Hist. 145). Ii was out of this band of friendly Ii 
 that the Fall River Indian settlement was formed. They had 
 followed Colonel Benjamin church in the war against King Philip, 
 and in colonial wars with the Indians and the Pre 
 
 they were considered as being entitled to some recognition for 
 their services and sacrifices. The tribes were thenceforward 
 mostly disorganized. Awashonks, of the Seaconnets, was the 
 onlj uiic left of 11 south .if Freetown; and it was diffi- 
 
 cult I'm- the Indians to reorganize! i dements, unless 
 
 they were in relatively close proximity to the white settlers, as 
 they had lost about all; every family had suffered, no doubt, the 
 loss or t he wounding of some of its members. 
 
 In 1676 Benjamin Church of Little Compton received a com- 
 mission from the Plymouth Colony "to raise a company of volun- 
 teers of about 20(1 men, English and Indians; the English not 
 
 exceeding 60 to discover, pursue, fight, surprise, 
 
 or subdue our Indian enemies." (Dexter's B. Church 
 Hist, pp. 30, 31, 54-5). 
 
 In the same year we find the following vote of the Plymouth 
 Colony: Ordered that "Captain Benjamin Church having; for 
 and in behalfe of the Collonie, engaged to feurall Indians; about 
 live or six; That incase they did carry well they should abide in 
 this jurisdiction; and not fold to any fforaigne p r tes; accordingly 
 this Court doth confeirme the said engagement and doth herebj 
 tollerate theire ftay as aforesfaid; notwithstanding any law • 
 Collonie to the contrary; except if any of them should appear to 
 have had a hand in any horred murder of anj of the English, 
 p' ticularly excepting one < !roffman; whoe is accufed to have had a 
 fpeciall hand in the crewel! murder of Mr. Hezekiah Willett" 
 (Dexter .Memoir to B. Church Hist. p. 22; Plym. Col. Rec ,Vol. LI, 
 p. 242). 
 
 January L6th, L677, ('apt. Church received another commis- 
 sion from the Plymouth government to go ou1 on an expedition 
 with "divers parties of Indian.-". (Dexter's Mem., sup., p. 22.) 
 March 6th, L677, the Plymouth Court grant to eight of 
 
 < hiiivli's Indian soldiers to set i le at S< e Supplying them 
 
 with land, on condition that they hold themselves in readiness for 
 service under him: "hee fatisfying the Indians, to have the whole 
 inch an adventure". (Id. and 5 Plym. Col. Rec, p. 
 225.) 
 
 The valuable assistance of the Indians to the Massachusetts 
 ettlers cannol begainsaid. It was well stated that. "In 
 
15 
 
 war they exhibited unexampled bravery. Very few [ndians have 
 ever been known to be cowards. Friendly and Christian Indians 
 probably saved New England colonies from extermination in the 
 
 time of King Philip's war."' (Rev. N. W. Jones, No. 1. Indian 
 
 Bulletin for 1867, N. Y.. pp. 7. 8.) "There were no less than 
 
 . illages of praying Indians who had long been instructed by 
 
 the venerable Kli.it within the hounds of the colony of Massachu- 
 
 These were faithful to the English during the war. Had 
 
 -ined Philip, the New England colonies would, in all human 
 
 probability, have been exterminated." (Id. p. 12.) 
 
 The great Massachusetts Christian apostle to the Indians was 
 John Eliot, who in 1661 translated into the dialect of Massachu- 
 setts [ndians the new. and two years later the Old, Testament. 
 (Dearborn, Sketch of Apostle Eliot, Roxbury 1850, p. IT.) 
 
 Sassamon was one of his converts, (Miller, K. P.& Wam- 
 panoags. 2nd ed., 62). He was an Indian educated at Harvard, a 
 former secretary of King Philip. He was assassinated by three 
 Indians in Middleboro on account of his alleged treachery to King 
 Philip's cause. His murderers were tried and executed for this 
 ciime. He taught his own countrymen at Middleboro. and very- 
 likely his fellow Wampanoags of Fall River also received his 
 instructions. 
 
 Fall River Indians must have heard also John Eliot himself. 
 who on occasions visited Plymouth colony (Dearborn, Eliot, sup. 
 p. lot: hut '"he had most to do with those who lived westerly and 
 northerly from Boston and Roxhury; Massasoit and his tribe at 
 the south being provided for by the Mayhews on Martha's Vine- 
 yard and neighboring islands: by Mr. Cotton of Plymouth and by 
 Roger Williams of Rhode Island." I Furber, Apostle Eliot. Boston. 
 1896, p. 5. ) 
 
 Other Christian missionaries preached to the Indians in these 
 parts, for we find an account that, in June. 1698, Rev. Grindal 
 Bauson of Mendon, and Rev. Samuel Danforth of Taunton, 
 "Preachers to the Indians in their own tongue", visited Little 
 Compton, R. I., and they had to go through Fall River to do so. 
 (Dexter's Church Hist., p. 2~>. note 185). 
 
 The first historian of Fall Riser, the Rev. Orin Fowler, writ- 
 ing in L841, says that in 1717 the first minister, Rev. Silas Brett, 
 was settled in Freetown, and that he received contributions from 
 
 a "Missionary Society in England by reason of which he was 
 
 to preach to a small tribe of Indians, the remains of the Pocassel 
 Watuppa pond." Fowler, Ili.-t. Fall River, p. 12. 
 
16 
 
 He adds in a note: "This tribe had a small meeting house and 
 
 lilding, easl of the North Watuppa pond; 
 
 which stood till within a dozen years: and there is a tract of aboul 
 
 300 acres of land there still belonging to the tribe. (Id. I It is 
 
 evident that Mr. Fowler had not searched the records. If he had 
 
 bund that tin' Benjamin Church tlvv>\ of L709 
 
 states only 160 acres, whereas surveyor Terry in 17b:; found L90 
 
 (Earle's Rep. 1861, app., p. i.xxxi. while the present city 
 
 engineer of Fall River. Philip I). Borden, finds L95 7-10 acn 
 
 Some of the praying Indians were at times given minor offices, 
 such as constables and justices of the peace, with jurisdiction 
 heir own people. And they were highly pleased with these 
 commissions. "The following warrant directed to an Indian con- 
 stable was issued by one of these native magistrates. For 'sen- 
 tentious brevity' it is in striking contrast with our modern writ: 
 
 'I llihoudi. you Peter Waterman. Jeremj Wicket, quick you 
 take him. fast you hold him. straight you bring him before me. 
 Hihoudi'." (Miller, King Philip and Wampanoags, 2nd ed. , p. 61.) 
 
 The following account explains how the treaty was made with 
 Awashonks, sachem of the Seaconnets; it is reported bj Col. 
 Church himself. See Ben j. Church Hist. K. P. W.. Dexter's Ed., 
 pp. 30 and following: 
 
 "Upon their arrival, they were immediately conducted to a 
 fhelter, open on one fide, whither Awafhonks and her chiefs foon 
 came & paid their Refpects: And the Multitudes gave fhouts as 
 made the heavens to ring. It being now about Sun-fetting, or 
 near the dusk of the Evening; The Netops [friendly Indians] came 
 running from all quarters loaden with the tops of dry Pines. & the 
 like combustible matter making a huge pile thereof, near Mr. 
 Churches fhelter. on the open fide thereof: but by this time 
 Supper was brought in, in three difhes, viz. a curious young Bafs, 
 in one difh, Eels & Flat-fifh in a fecond, and Shell-fish in a third. 
 but neither Bread nor Salt lobe feen at Table. Put bj that time 
 Supper was over, the mighty pile of Pine Knots and Tops. &c. was 
 fired, and all the Indians .ureal and fmall gathered in a ring round 
 it. Awafhonks with the oldefl of her People Men and Women 
 mix'd, kneeling down made the firft ring next th< I all the 
 
 lufty, ftoul Ab-n ftanding up made the next; and then all the 
 Rabble in a confufed Crew furrounded on the out-fide. Then the 
 
 chief ('aptam ftep'd in between the rings and the tire, with a 
 
 Spear in one hand and an Hatchet in the other, danced round the 
 
 ilie and began to fight with it, making mention of all the feveral 
 
Nations >\- Companies of Indians in the Country that were Enemies 
 in the Englifh; & at naming of every particular Tribe of Indians. 
 id draw out & fight a new fire brand, & at his finifhing his 
 fight with each particular fire-brand, would bow to him and thank 
 him; and when he had named all the feveral Nations and Tribes, 
 and fought them all he stuck down his Spear and Hatchet, and 
 came out; and another ftept in and acted <<\ er I he fame dance, with 
 more fury, if poffible, than the firft; and when about halt' a dozen 
 of their chiefs had thus acted their parts, The Captain of the 
 Guard ftept up to Mr. Church and told him, They were making 
 >rs for him. and what they had been doing was all one Swear- 
 ing of them, and having in that manner ihgaged all the lufty 
 ftout men. Awafhonks & her chiefs came to Mi'. Church; and 
 told him. That now they were all ingaged to fight for the Englifh, 
 and he might call forth all. or any of them at any time as he faw 
 occafion to fight the Enemy; and prefented him with a very fine 
 Firelock." 
 
 The Indian custom as to enlistment is given in Schoolcraft; 
 Indian Tribes of U. S.. Vol. 2, pp. 59, 60: "The principle of 
 
 enliftment is fufficiently well preferved Each warrior that 
 
 rifes and joins the war-dance, thereby becomes a volunteer for 
 the trip. He arms and equips himfelf; he provides his own 
 fuftenance: and when he fteps out into the ring, and dances, he 
 chants his own fong, and is greeted with redoubling yells. Thefe 
 onies are tantamount to 'enliftment,' and no young man who 
 thus comes forward can honorably withdraw." 
 
 It is easier to understand, now. how the Pall River Indians. 
 who had stood by the whites in their struggles against red men. 
 came to be rewarded by the setting off of land to them by the 
 government as soon as the opportunity presented itself to do so. 
 It will he remembered that the union of Plymouth Colony to the 
 Massachusetts Bay Colony took place in l<>91-2. (Mass. Ancient 
 Charters, p. 18; Barry, Hist. Mass.. I't. 1, pp. 515-6). 
 
 The first Indian plantation was on Daniel Wilcox's lands: that 
 is about 120 acres in the direction of the presenl Stafford Road, or 
 some twelve hundred and fifty feet south of the present Notre 
 Dame Cemetery, immediately beyond the present Rhode Island 
 line. This land was the 1 1th lot in the 2nd division of the Pocas- 
 set purchase which wa rods in width; it was hounded 
 
 north by the presenl Rhode Island boundary line, south by the 
 15th lot of Pocasset purchase, east by South Watuppa Pond, and 
 west by the present Rhode Island Avenue; hut the Reservation 
 
48 
 
 included also another - tract, namely, the 2d lot of 40 acres in the 
 Ith Division of Pocasset purchase; it was located a few miles 
 farther north, on the east side of North Watuppa Pond, about 
 opposite where the present Fall River Water Works Pumping 
 Station is situated. And there was some undivide 1 land, a part of 
 the Pocasset purchase in which Wilcox was interested. 
 
 It seems that this Daniel Wilcox, who could understand the 
 Indian language, (Dexter's Benj Church Hist., 22-3) had, about 
 li'iSfi, bought some lands from the Indians, contrary to law, which 
 required the consent of the colony. The latter either sold it to 
 Thomas Hinkley or sent him to take possession of the land at Sea- 
 connet. and he met with "tumultuous opposition" from Wilcox 
 who gave him such a hot reception that shortly thereafter he was 
 convicted and fined one hundred and fiftj pounds. Wilcox thoughl 
 it prudent to remove to Rhode Island, which he did and all efforts 
 to extradite him were unavailing, as the Rhode Island authorities 
 thought Wilcox was right. 
 
 Even the British Commissioner Bellomont, in 1699, made com- 
 plaint about the occurrence. (Dexter, Benj. Church Hist. 21-2. 
 note 1771 but Wilcox only came back on practically his own terms. 
 He offered to convey to the Province of Massachusetts Bay, which 
 had in the meantime received its new charter, his interest in the 
 lands of the Pocasset purchase. 
 
 The following petition of Benjamin Church explains the offer 
 of Daniel Wilcox to the Province and its acceptance: 
 Mass. Archives. 
 Vol. tO, p. tlf.it. 
 
 To the Hon' e the Lieu Gov r Council and house of Repre 
 tives for the Province of the Massachusetts Pay now Conven'd in 
 Generall Assembly in Post on 
 
 The petition of Benjamin Church of Bristol! in the Countj of 
 Rristoll in behalf and att the Request of Daniel Wilcocks formerly 
 of Tiverton now resideing att Rhoad -Island. 
 
 Humbly sheweth 
 
 That Whereas the s Wilcocks was formerly fined by sentance of 
 Courl the summe of One hundred and fifty pounds to his Maj tie 
 iV- hath neglected and refused to pay the same till povertj and old 
 come on him & his family, and his wife being now mad and 
 distracted, w'Miath occasioned yo 1 Petition 1 to p r sent the said 
 Wilcocks proposal! to this high and lion 1 ' '' Court, for satisfaction 
 
19 
 
 of saiil title in ord 1 to liis peaceable i o his Family at1 
 
 Tiverton. Which is This viz 1 That if the said Wilcocks doe Give 
 a firme deed of Sale to the Province as yo r hon ra shall dired of 
 the severall Tracts of Land hereund 1 menconed That is to say, 
 as One hundred and twenty acre Lott being \ " fourteenth in Num- 
 ber, and one Forty acre lott being y" second in Number as appears 
 on Record in the purchasers Booke of record in Tiverton, and a 
 Thirtyeth part or whole share of a tract of land that is undii ided 
 belonging to Tiverton, hounded as followeth viz Southerly by the 
 Lands of Dartmouth, West b j Lands of tiverton & ffree towne, 
 and northerly by Lands of Middleborrough extending east to a 
 place knowne by the name of Qitticus. That then upon com- 
 pleateing y e said Deed according to Direction the sd Wilcocks may 
 be sett att Liberty to goe home to his Distrested ffamily. 
 And yo' Petitio 1 as in duty bound shall pray &c 
 
 Mar: 11 !: ' L700 Read. -In the House of Representatives. iy. 
 Resolved That the Prayer of the above written Petition beGrant- 
 ed. AndT'h Esq* Ma.j r Benj a Church, and M'" 
 
 William Peabody. he a Committee to Take Care That Sufticient 
 Deeds of Conveyance of the severall Parcells of Land above men- 
 tioned, be made and Executed by s Daniel Wilcoks, according as 
 the Govern 1 and Council! shall Direct. 
 
 JOHN LEVERETT Speaker/. 
 
 Sent up for ( loncurrence 
 
 .In i louncil 
 
 March. L3 tb 1700/1 
 
 Lead and Pas't a Concurra 
 
 •IS A ADDINGTON Sen,. 
 
 The deed of this land is given, ante, in the History of Title to 
 Indian Reservation. 
 
 In 17(H this land was assigned, by a resolve of the Province 
 of Massachusetts Bay, as an Indian Plantation or Reservation, as 
 appears in the deed of the Province to Benjamin Church. (See, 
 History of Title, ante). But inasmuch as the Wilcox land was in 
 several parts, the Indians petitioned to have it exchanged for a 
 single tract, SO that they could all dwell together, and he farther 
 away from the English. Consequently they presented the follow- 
 ing petition: 
 
50 
 
 .Mass. Archives 
 Vol. 31, pp. L5and 16 
 To His Excelencj Joseph Dudley Ks>| r 
 To the Honerable Gentelmen of Hur Maj. tts 
 Council and house of Representitiues in the 
 erall ( !or1 Assembleed. 
 
 The pertition of we the subcrib. 1 Humblely sheweth that 
 whereas there was formerlj Granted and ordered to be Layd oul 
 I'oi- our settelment seauerall smale allottments of Land leying in 
 Teuerton formerly belonging to Daniel Wilcox of s. Teuertonl viz' ) 
 one six score aker Lott one twenty fiue Aker Lott and one forty 
 Aker LiOtt with one whole .-hear or thirtyeth part of a trackt of 
 undeuided land all which smale parcells Leys a Considerable Dis- 
 tance one from a nother. that we Can by noe menes Line upon itt. 
 to make any improuement to Answer, the End prepossed; that is 
 to Jnjoy the publick worship of Almity God nor for to keep a 
 scoale to haue our Childerren taught in the winter time, therefore 
 we Humbly pray that sume sutible persons may be appinted and 
 impoured to Exchange or. sell the six sc >v<- Aker loti and twenty 
 five Aker. lott for Lands Joying the forty Aker Loti \\ l when the 
 whole will Joyn upon the undeuided Lands whih will make itt 
 proper, for. the End that itt was intended for. And w< 
 Humble and pore pertitiners shall Euer pray as in Duty Bound. 
 Teuerton Se^ y e 28^, JAMES CHURCH 
 
 day 1 706: - - ) 
 .In the House of Representatives Jngen his Mark. 
 
 Nov: L6: 1706. Read. 
 
 NEBEE MANCHEST.R 
 his Mark. 
 JAMES wILLCOX. 
 
 his mark. 
 JOHN BURGES 
 
 his Mark. 
 SAMUELL CHURCH 
 JOBE DAUID 
 
 his mark. 
 MOSES QUEAQUFN 
 
 his mark — 
 JOHN COCKAWAY 
 his mark 
 
 THO.s sESSENE 
 
 s.\M QUEAQUIN 
 
 his mark 
 
51 
 
 Jn the House, of Representatives. Nov 1 16: 17<h1. Read & 
 Ordered That Nathaniel Paine & Benj. a Church Esq/ 8 Capl Seth 
 Arnold, & M r Will'" Fobes or any threeofthem be a Committee to 
 make Jnqviry, whether, there is any Land, to be had ii 
 for the Land mentioned in this Petition that will be more accomoda- 
 te for the sel I lement of the Indians, and if they can find such to 
 Report their Doings to this Court, the charge of the Committee in 
 performing this service to be paid by the Petitioners 
 Sent up for Concurrence. 
 
 THOMAS OAKES Speak 1 ' 
 Nov' in 1 ' L706. Jn. Council. 
 
 Rea i. and Concurr'd, with the Amendment above, agreed 
 
 JSa ADDINGTON Secry. 
 
 We find the following vote in Vol. l!». Council Records, p. 141, 
 and in - Acts and Resol. Prov. Mass. Bay, p. 341: 
 
 "January 26, 174!". In the House of Representatives. Voted 
 that Mr. John Winslow, Samuel White, Esq., and Stephen Chase 
 be the guardians over the Indians that are proprietors of lands 
 within the town of Freetown and that said guardians he fully 
 empowered to take care of said lands ami suffer no person to cut 
 off any timber on said lands unless it be by their consent. And 
 that the produce of their said lands or what their timber may sell 
 for. be improved for the support of said Indian- as thej may stand 
 in need thereof, the said guardians to rendei mt of their 
 
 edings to this court, once in two years, during' the contin- 
 in said trust. " In Council read and concurred. Consented 
 to by the Lieut. -Go\ ." 
 
 The committee appointed to view the lands for the purpo 
 making an exchange reported as follows: 
 
 Mass. Archives, 
 Vol. 31, p. C>. 
 
 .vember V' 1707./. 
 
 We whose names are hereunto S I appointed by the 
 
 and General Assembly at the Requesl of tin- Pocassetl 
 Indians and others, who formerlj had a grant of lands lying near 
 Tiverton, to be a Committee to View the said Lands, and other 
 Lands which they desired to have in Exchange for the same and 
 to make our Report thereof. Have accordingly be< he Said 
 
 Indians to view the Said Lands and do find that the Lands the 
 
52 
 
 Jndians desire to have in Exchange for their Lands belongs to 
 Col° Benjamin Church and is much the same sorl of Land with 
 theirs, but the reasons they are desirous to have.it, is because it 
 lies all together, joins to Common Lands, and is more remote from 
 the English, which they earnestly pray thej maj have a Grai 
 to them, their Heirs and Assigns for ever. 
 
 XATIL PAINE 
 BENJA- CHURCH 
 22 d Nov' 17(17. WILLIAM kOBES 
 
 •In ( Jouncil 
 Read and Allowed That an Exchange lie made of the Lands as 
 above proposed, And thai proper and Legal Instrumenl 
 accordingly, The Lands to be holden of Her Maj y ! Governm. of 
 this Her Maj yB Province, by the s. -Indians and theeir heires for 
 ever; yielding unto the Governo 1 of the said Province forthetime 
 being upon the Tenth day of December yearly, One Quarter of 
 good Venison -in lieu of all Lents and Services, not to he assign'd 
 or alienated, hut continued an Indian Plantation for evi 
 
 .IS A ADDINGTON - 
 
 Sent down for concur; i 
 
 In the House of Representatives. 
 
 \o\' '24 17(i7 Read cV: Concurr'd. 
 
 JOHN BURRILL Speak'' 
 
 The selectmen of Dartmouth who had a case of an Indian 
 invalid on their hands tiled the following petition: 
 
 Mass. Archives. 
 Vol. 33, p. L95. 
 
 Prouince of | To His Excelencj the Governor the Hon the 
 
 thee Massachus 8 Counell & House of Represantives in Gen , 
 Hay 1 Court Assam!.'. Keh' y . 1: L762 
 
 The Pertition of the Select Men of Dartmouth, Humbly 
 Shi v eth that Rachel Pismi [ndion woman hath Bin maintained by 
 Sd Town of Dar""". for the Space of aboul months, by 
 
 the Reason of a tit of Sickness which hes Left her helpless as toy'' 
 Use of her Limbs, so that we are Oblig to give nine shillings a 
 week for her Supporte besides her Doctors Hill & Clothing all 
 which is a grate Charge to S Town: wee beg Leve further to 
 [nforme your Excelency & Hon. that there is a Large Quantety of 
 Land in the Town. ship of Tiuerton that Now is annext to Free- 
 town that is a propreated to the Use of the [pdions which is under 
 
53 
 
 no Impouement.so as to afford any Relef to her Destres 
 dition: Wherefore we humbly pray, that yr Excel Hon 1 • 
 
 would grant Leaue that Some pari of S tndon Land may be Sold 
 for her Support, or other ways grant such Relef as you in Your 
 grate Wisdom Shall think lit 
 
 As in Duty Bound, Ever pray. 
 
 HUMPHRY SMITH I Se 
 EZEKEL CORNELL I of Dartmouth 
 
 Jn the House of Rep ve ' Feb*, if. L762 
 
 Reade and Ordered that James Williams and Thomas IVLorej 
 Esq ra be a Comm to make sale of so much of the land above men- 
 tioned as will amount to a Sum not exceeding thirty five pounds 
 and that the produce thereof he applied for defreying the < !h 
 arising to said Town of Dartmouth by the .Indian Woman above- 
 named And that they render an account of their proceedings to 
 this Court. 
 
 Sent up for concurrence 
 
 JAMES OTIS Speaker 
 In Council Feb. 17. 17i>2. Read and Nonconcurred. And itappear- 
 ing that on tin- L3 March L700, the Government agreed to accepl 
 certain Tracts of Land in Tiverton in discharge of a debt of 
 £150 due from one Daniel Wilcox: and that on the 3i Feb. 1701. 
 the Government Ordered That the Indians in the County of 
 Bristol "he accomodated with a Settlement for a Plantation 
 upon the aforesaid Lands to he holden by them of his Majestys 
 government within the Province during the pleasure of this 
 'i.e. eminent"- ordered That Will" 1 Brattle <6 Tho 8 Flucker 
 Esq" with Such as the hon ' House shall join be a Committee to 
 inquire whether there has been any disposition or Settlement 
 made of said Lands by the Governmen since the s a 2(5 Feb. 1701 
 And that thej cause search to be made in the public or County 
 records as to the quantity and situation of said Lands and their 
 ,t Value, and report 
 
 Sent down for Concurrence 
 
 A OLIVER Se< 
 
 .In the House of Rep vea Feb y 17 1762 
 
 Lead and Concur'd and Maj' Pond Mai' 
 Morey and M' Hewin and Joyned in the 
 Affair 
 
 JAMES OTIS Speaker 
 
54 
 
 The committee reported upon it. It will be noticed that in 
 their report they fail to notice thai the Daniel Wilcox land had 
 been exchanged, in the meantime (in L709). Here follows the 
 report : 
 
 Mass. Archives 
 
 Vol. 33, p. 202. 
 
 "The Committee on the petition of 1 hi louth 
 
 r La 
 
 setting forth that a large tract of land in the township of Tiver- 
 town thai is now anne-.i to Freetown that is appropriated to the 
 use of the Indians pray"""' that some pari of s d Indian lands might 
 lie -old for the supporl of one Rachel Pismi an Indian woman in 
 necessituous circumstances have considered the same l>eK leave to 
 reporl thereon. -That on the 27 th of Novem 1 " 1701 Daniel Wilcox 
 for a valuable consideration by his deed of that date accompanying 
 this report did give granl & convey several tracts & parcel]- of 
 land in s l deed mentioned unto the Governour & General Assembly 
 of this Province for the time bein.tr which deed includes the lands 
 prayed for: that the same was recorded in the records of Deeds 
 (or bhe County of Bristol the third hook page 301 & thereby the 
 Province became seised of the same in fee simple That on | 
 of February 1701 I?] upon application made by the Indians resid- 
 ing in the Southern parts of the County of Bristol "diverse of 
 whom wore servicable to His Majesty in the three late wars with 
 the Indians) praying that a Convenient tract of land may be 
 assigned them for a plantation where they may settle together in 
 an orderly manner. \- have the benefit of enjoying the ministry & 
 
 a scl I for the teaching & instructing of their Children it was 
 
 ordered 
 
 That the s Indians be accomadated with a settlement for a 
 plantation upon the aforesaid land- fen by them of Hh 
 
 tys Government within this / ring /lie pi 
 
 Government and that a Committee he appointed by the Court from 
 time to time to direct order & regulate the said settlement or 
 plantation in assigninj ts of land to 
 
 each family of Indians that shall or may come to inhabit or 
 within the -aid plantation to he by them severally occupied & 
 improved & to do all things else relating to the concerns of s 
 plantation whether any thing further was done your Committee 
 cannot tell '.'| hut supposing there had been a settlement as was 
 proposed it is most evident to your Committee thai the Indians 
 never had the Ice of the lands aforesaid or any part id' them hut 
 
55 
 
 would have been only tenants at will that the same excepting 
 
 what thru mistake was granted by the General Court i now remain 
 to the Province as an estate in fee simple & that they ought 
 
 iport of any Indians whatsoever your ( lommittee 
 beg leave further to report that in y' opinion the Province in 
 
 valuable there that it is necessary that a Committee be 
 appointed to go upon the spott view the premises run the lines & 
 make report to this Court of the Quantity & quality of s lands that 
 so such further measures may be taken touching the same, as the 
 wisdom of the Court shall then direct 
 
 W. BRATTLE by order" 
 
 "In Council 24 April L762. Read and Accepted and Ordered 
 
 That William Brattle Esqr with Such as the hon. 6 House shall join 
 be a Committee to repair to the Lands mentioned, run the Lit i 
 make report to this Court of the quantity and quality of said Lands 
 "Sent down for Concurrance 
 
 A OLIVER Sec 
 
 "In the I I'M Rep Lea April 24 L762 
 
 Read and Concurd and Co ° Clap and Ma.j' Pond are Joyned in the 
 Affair 
 
 JAMES OTIS Speaker" 
 
 In 1763 the Fall River Indians signed a petition to divide the 
 lands of their Reservation in severalty, which was accordingly 
 done the following year. Here are the official records on this 
 pel ii ion: 
 
 .Journal of the House of Repre i 
 1762-1763, p. 198. 
 
 "Martis, 25 Die Januarii, A. I). L763. 
 
 "Thomas Flucker, Esq; brough.1 down the Petition of Isaac 
 Church, and others, Indians. Soldiers in the former wars. 
 
 Pass'd in Council, viz. In Council January _?•">. 1763. 
 
 Read and Ordered, Thai this Petition be committed to the 
 Committee of this Court appointed in April last, to inquire into 
 the Curcumstances of the granl made by the General Court of the 
 lands within mentioned, and Report. 
 
 I down for concurrence. Read and concurr'd. " 
 
56 
 
 Journal of the House of Representatives, 
 L762-1762, p. 201. 
 
 "Jovis, 3 Die Februarii A. D. L763. 
 
 "John Hill. Esq; bro'1 down the Reporl of a Commitee of 
 both Houses, appointed in April last, to view the Province lands 
 in Tiverton and Freetown. 
 
 Pass'd in Council, viz. In Council February 1. 1763. 
 
 Read and accepted. 
 
 Sent down for Concurrence. Read and concur'd. 
 
 As also the Reporl of the same I whom was 
 
 referr'd the Consideration of Isaac Church, and others. 
 
 1'ass'd in Council, viz. In Council February 1. L763. 
 
 Read and accepted, and Ordered, that William Brattle, Esq; 
 with such as the honourable House shall join, he a Commit' 
 the purposes in the said Reporl mentioned. 
 
 Sent down for t incurrence. 
 
 Read and concur'd. and Col. Clap, and Col. < rilbert, are joined 
 ;u t he affair." 
 
 Journal of the House of Representatives, 
 1762-1763, p. 270. 
 
 Veneris, 3 Die Februarii, A. D. 1764. 
 
 Benjamin Lincoln. Esq; brought down the Report of a Com- 
 of both Houses relative to the Indians at Freetown, with a 
 Vote of < Jouncil thereon, viz. 
 
 In Council February •".. 1764. Read and accepted. 
 
 Sent down for < loncurrence. 
 Resolved, That the Lands aforementioned, he and hereby are 
 comfirmed to the several Persons agreeable to the Reporl of said 
 ( 'ommii tee. 
 
 Sent up for Concurrence. " 
 
 Court Records. Vol. 25, pp. 181 & i- 
 
 "Wednesday ' 
 Februarj 1. 17t;i i 
 
 "The following Reporl was made by the Committee appointed 
 the purpose therein mentioned viz 
 
Committee to whom was referred the Petition of the In- 
 dians, Heirs and Descendants of I Jap 1 -lames Church and Company, 
 iccording to the directions of this Court, repaired to the 
 Town of Fre< taken a Plan of their 
 
 lands, and subdivided the same into lots according to the original 
 Grant and - I the Bounds of the same, and 
 
 assigned to the several Indians the Lots that do respectively 
 belong to them a< ledule and Plan hereto annexed. 
 
 BRATTLE by Order 
 incil Read and A.i hat the Lands be 
 
 confirmed to the on the annexed Schedule. 
 
 In the House of Represent; d and recommitted to make 
 
 the proposed Amendtm 
 
 In i ed" 
 
 ■ Records 
 
 "Friday 
 irj 3. 1764 
 
 Indian Lands at Freetown. 
 ii the first Instant having pre- 
 sented a Plan of inds, and a Schedule of the Lots, and 
 to whom thi . the following Order passed 
 thereon viz : 
 
 In Council Read and Accepted: And Ordered That the Lands 
 aforementioned b> ifirmed to the several per- 
 
 agreeable I aid Commil 
 
 In the Hoi, itives Read and Concurred 
 
 sented to by the Governor" 
 
 The surveyor who made a partition of the lands of the Fall 
 River Indian Reser at ion, and a plan of the same. 
 
 Hoc. 96, 1861, App. C. p. Ixxx) was Zebedee Terry. 
 
 lie town clerk o n, from 1767 t" 
 
 ITT J ■ iwn, p. 137). He made the following 
 
 Vol. :::;. p. 274. 
 
 "I the S Committee of j 
 
 Court to Renew y° Pounds Survaj S a Plan 'I 
 
58 
 
 \.n- of land which I. make by Survay to be L90 Acres & 64 Rods, 
 Granted Bj Gi n Court to Cap' James Church & Company Ind. 
 and have Subdivid.d y e same into Twenty Eight Equeal Parts and 
 Erected Sutable Bounds al y e Corners of each Divisional] Part or 
 luit Fore of S. parts is laved Out in one Lott at y" North:West 
 Corner nexl toy 6 Pond for y e Hears or legual Representatives of 
 Cap' .lames Church likewise marked on y e Plan each lott y" place 
 of >' House thai stands There:on on those Lotts where there is 
 any & y e Names of y e Indians that leivs in them and have set 
 forth on each of \" Lotts w ha1 [n] are made & by whom 
 
 made and how long they have inprooved them Each of y'' afores 
 eaqual Parts Contains 6 Acres & L28 lexis 
 
 The Boundries of this afores'' Land is as followeth Bounding 
 WestNorth:West upon Wattuppa Ponds & Southwardly on y e land 
 that y e Boouths now Owns Begining al \ ' Middle of a Flat Rock 
 which is yf Edgof S. Pond South:West from a large White:Oak 
 Tree Between S d Rock & another Rock Near to S d White:Oak and 
 Northwardly of S' 1 Tree Extending E S E. 2 Degrees S. 104 Rods 
 
 a Stump with a Stake by it 
 by a Range of .Marked Trees to ■ an Old Anchent Pound mark 
 with a heap of Stones about y e Same and likewise from thence 60 
 Rods To a gray Oak Tree full mark & soon by a Range of marked 
 Trees lis Rods unto a Ridged Hill To an old White Oak Tree full 
 mark and from S White:Oak 69 Rods to a Stake with a large 
 heap of Stones about y e same which is y° South:East I 
 Bound of y e afores. Land Which maketh the South Line from y e 
 Pond to this Head Pound to be 381 Rods and from S d Southeast 
 Comer Hound giving y e Point of Compass on y? Head of S. Land 
 Which appeal's to be on \ ' Head Line of the Freemans Purches of 
 y e Town. "ship of Freewn North 30 Degrees E. 71 Rods & about 
 12 feel To a Small gray :Oak Tree marked on Three sides with a 
 large heap of Stones about y e Sam which isy 8 North :East Corner 
 Bound of j •" aboves Land Which maketh S Land to be 77 Rods 
 wide and from S d North:Eas1 Corner Pound Riming WNW. 2 
 Degrees N Bj a Range of marked Trees to S d Watuppa Pond To 
 b:Black:Oak:Tree full mark which Stands by \ " Edg of S d 
 
 Pond with a heap of St s about y e Same which fully appears to 
 
 be y? North:Wes< Corner Bound of y e Land abovesaid 
 1. Humbly Submit My Self as in Duty Pound 
 
 ZEBEDEE TERRY" 
 
59 
 
 PARTITION OF L764. 
 
 Here is the allotment, as officially approved: 
 
 Mass. Archives 
 Vol. 33 pp. 269 to 273 
 
 "A Schedule of the Lotts of the Indians Land and to whom they 
 Severally Belong Lying in Freetown in the County of Bristoll 
 
 The First Lott Containing Twenty Seven Acres and thirty two 
 Rods Belongs to the heirs & Legal Representatives of Capt n James 
 Church win. died April! L739 Leaving two Sons James & Isaaceand 
 five Daughters Mary, Experience Marcy, Mary and Phebe— 
 Marj is Alive having one Child, a Daughter Named Experience 
 who has five Children — 
 Marcy is alive having two children 
 Mary the Second is alive & No Children — 
 Phebe is alive & has Eight Child 
 
 James is Dead Leaving two Children George & Katherine George 
 Aged. 2.1. years & Katherine Aged 22 years— 
 Isaace died Leaving Seven Children viz Isaac- V.'id 23 years Com- 
 fort Aged 22 years, Phebe Aged L6.years, Constant 11 years non 
 Compos mentis, Martha Aged 9 years. Alary Aged 7 years and 
 Solomon Aged 6 years— 
 
 The Second Lott Contains (i acres & L28 Rods originally laid out to 
 Tom Pirn, who Died without Children and has Left three Cousins, 
 Isaac Church Mercy hope and Experience Ward — 
 The i hird lotl I lontains 6 acres & 128 Rods and Belongs to Hannah 
 Mouse & Eliz th Penny Grandchildren of Jonathan Geoi 
 The fourth lo1 Contains 6 acres & 128 Rods originally laid out to 
 old Sam Church, who is Dead and hath left no Posterity— 
 The fifth Lott Contains 6 acres & 128 Rods Originaly laid out to 
 James Wilcox, who is Dead and hath Left no Posterity— 
 The Sixth Lott Contains 6 acres & L28 Rods Originaly laid out to 
 old Nebe who has Left two Grand-Daughters Elizabeth and Nebe 
 The Seventh Lot Contains 6 acres & 128 Rods originally laid out 
 to young James church Belongs to his heirs George & Kat . 
 The Eighth Lott Contains 6 acres & 128 Rods originally laid out 
 to Job Cockaway who has left a Daughter, Abigail! Tetticutl 
 a Grand-Daughter Bettj Cockaway 
 
 The Ninth Lott contains 6 acres & L28 roils Originally laid ou1 to 
 Young Sam Church, who has left no Posterity 
 
60 
 
 The Tenth Lott contains 6 acres & 128 Rods < >riginally Laid 
 Joshua Quam, who has lefl a Widdo Sarah Quam, and one Daugh- 
 ter Hope Penny a Widdo— 
 
 The Eli * Contains 6 acres & L28 Rods Originally Laid 
 
 out to James Church Jun) and has left a Widdo 
 The Twelfth Lott Contains 6 L28 Rods Originally laid out 
 
 to old John Wood who has'Left one Grandson Name Samuell — 
 The thirteenth Lott Contains 6 acres & 128 Rods originally laid out 
 to Simon Smith alias Slade who has left No Posterity 
 The fourteenth Lot l Contai i I ds Originally laid 
 
 out to David Rice, who ha.- Left Xo Posterity 
 The Fifteenth Lott Contains 6 acres & 128 Rods Originally Laid 
 out to Joseph Husband, and Belongs toJlichard Grandson to his 
 Sister Sarah Doggetl 
 
 The Sixteenth Lott Contains 6 acres & 128 Rods Originally laid 
 out to Joshua Church who has Left No Posterity 
 The Seventeenth Lotl Contains 6 acres <6 128 Rods originally laid 
 out to Sam 1 Anthony ;i 5 to Ellis Anthony <S Sarah Titti- 
 
 cutl widdows- - 
 
 The Eighteenth Lott Contain - \Un\< originally Laid 
 
 o John Yokine who lefl one Daughter Hannah Married to 
 Sias Hall 
 
 The Nineteenth Lott Contains 6 acres & 128 Rods originally Laid 
 out to old Job Weshue who has Lefl No Posterity- 
 The Twentieth Lott Contains 6 acres <£ 128 Rods originally laid 
 oul to Jsaace Sissell who Left two Daughters Mercy X- Ma 
 The Twentieth first Lott Contains (i acres iV- Ills Rods originally 
 laid out to James CoQk who has Left no Posterity— 
 The Twenty Second Lott Contaii iginally 
 
 laid out to Tom Hunter who has Left No Posterity 
 The Twenty third Lotl Contains 6 acres L28 rods originally Laid 
 out to Sam Titticutl who has Left a Widdo and one Daughter 
 Hannah t !ooper 
 
 .onty fourth Lott Contains 6 acres and 128 rods originally 
 Laid out to John Sochomoick who has Left one son named John 
 and two Grand Daughters Mary & Mi 
 
 JJie Tv in- 6 acre ds < >riginally Laid 
 
 outtoJame I ighter Named Lydia 
 
 And whereas Sundry of the Soldi* i ompany 
 
 under ('apt" James Church have Left no Posterity and there 
 being no Provision made for Leivt' Manchester and Twelve others 
 in the Same ( iompanj . The i el >irec- 
 
61 
 
 tion of the Court, assigned to those who have left Posterity, the 
 Lotts of those who had Lotts assi emand wh 
 
 ity is Exth . 
 
 ourth Lotl Deboraand Experience the Daughters 
 of Lieut. Robin Manchester 
 
 sign to the fifth Lotl I i .rand child] 
 
 Lieut Manchester and Sons of Will"' Manchester 
 We Assign to the Ninth Lott Nancj Pelick Daughter of Francis 
 send 
 
 sign to thirteen'th Lotl S nd-Child of John So- 
 
 samon— 
 
 We Assign the fourteenth Lotl to Peter and Charles Grand child- 
 ren to Peter Washunk 
 
 We assign the Sixteenth Lott to Deborah and Penelope Grand 
 I laughters of Peter Washunk — 
 
 We Assign to the Nineteenth Lott to Esther Sampson Sarah Squire 
 Grand-children of Benj n Squmnamay — 
 
 We Assign the Twenty first lott to Sarah Quam 8 two Children 
 Danill & James — 
 
 sign to the Twenty Second Lo I to Comfort and Thankfull 
 Grand children of Renj" Squmnamay — 
 
 W BRATTLE by order 
 read & accepted & ordered thai the lands aforementioned arc & 
 are confirmed to the several persons according to y e report 
 of s committee 
 
 In Council I L764 Read & accepted & ordered that the lands 
 
 aforement. - be & hereby are confirmed to the se eral Persons, 
 y" Report of said Comm'' 
 
 i down for Concurrence 
 
 JN? COTTON. D. Seen 
 L764 
 Read and < !oncur'd 
 
 TIM° RUGGLES Spk r 
 ed to 
 
 FRA: BERNARD 
 
 • Fall River Indians are called Troy Indians, in 
 public documents, because Troy was the former name of Fall 
 River, as explained in the Uriel'. In 1849 a valuable report was 
 made to the legisture on the Indians residing in Massachusetts, the 
 Report of F. W. Bird, Whiting Griswold and Cyrus Weeks directed 
 to His Excellency Geo. X. Bi House Doc. No. 16, L849) 
 
62 
 
 They were appoii of May 10th, L848, "to visil 
 
 the several tribes and parts of tribes of Indians, remaining within 
 this Commonwealth, to examine into their condition and circum- 
 stances and report to the next legislature what legislation, in their 
 opinion, is necessary in order best to promote the improvement 
 and interests of said Indians". 
 
 At pages 11 and 42 incl. of above Document is found: 
 "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 f mm 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 improvidenl habits 
 of the tribe render it of little use to them as means of support. 
 "The population of the tribe is .",7. 
 
 Families, 10, 
 
 Males. 17, 
 
 Females, 20, 
 
 Natives, 29, 
 
 Foreigners. 8, 
 
 Under 5 years, 1. 
 
 From 5 to 10 years. 2. 
 
 " 10 " 21 " 8, 
 
 " 21 " 50 " L5, 
 
 " 50 "70 " Hi. 
 
 Over 70, 1, 
 
 Cynthia Cuffee born in Westport, aged 74, 
 
 A i sea, 1. 
 
 "Eighteen or twenty of the above, who are considered as 
 
 ging 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 income, (excepl 
 
 some 2o or :!(• dollars a year from rent of pasture lands). No 
 
 schools and no preaching. Of the five children under 16 years of 
 
 age, 1 are bastards, belonging to a family not residing on the 
 
 Indian lands. The presenl guardian, Benj. F. Winslow, was 
 
 appointed in Maj last, under the resolve of April 16th, 1836, 
 
 authorizing the governor to fill a vacancy in said guardianship 
 
 er n should occur. The salary of the guardian, so far as 
 
 we can learn is not fixed by law. The usual sum allowed pf late 
 
63 
 
 years has been $35. yearly. It might bi I. from the above 
 
 statement of the condition of the tribe, that the appropriations 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, 
 
 is 11. 165.nl!. 
 
 L845, 76.50, 
 
 1846, 110.83, 
 
 L847, 252.1". 
 
 Salary of guardian l'<>r five years. 1 1">-">.00 
 
 To Holder W'mdell 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 
 stem of guardianship have not been commensurate with its 
 expenses". 
 
 At page 68 of above Doc. 46 are found these names: 
 Fall River Tribe. 
 
 Mahala Page, 
 
 aged 36, 
 
 George Page, 
 
 " L5, 
 
 Hurt on Page, 
 
 " 12. 
 
 Charles Pa 
 
 " 8, 
 
 William Page, 
 
 " 7. 
 
 Cynthia Cuffee, 
 
 " 71. 
 
 Ruth Cuffee, 
 
 " 68, 
 
 David Perry. 
 
 " 54, 
 
 Hannah Perry. 
 
 ■• 55, 
 
 Lewis Perry. 
 
 " 30, 
 
 David " Jr., 
 
 " 23, 
 
 Josephus Perry. 
 
 " 20, 
 
 William Perry, 
 
 " 27. 
 
 Louisa Perry. 
 
 " 30, 
 
 Catherine Perry, 
 
 1 
 
 Persis Crank. 
 
 " 19, 
 
 Henry Crank. 
 
 " 39, 
 
 Eunice Crank. 
 
 ■■ 39, 
 
 \\m. 11. Crank. 
 
 " 21, 
 
 Jane Crank. 
 
 " 1(1. 
 
 Sarah ( 'rank. 
 
 " 52, 
 
 Mark A. II. Crank. 
 
 " 21. 
 
64 
 
 ( !atherine C. Crank. aged 20, 
 
 Thomas M. Crank, ' L8, 
 
 Rebecca Alben, 
 
 •• 60, 
 
 Adam Abner, 
 
 ■■ 65, 
 
 Pamela Simonds, 
 
 •■ 10, 
 
 Mary Simonds. 
 
 •' 58, 
 
 Daniel Slade, 
 
 " 51, 
 
 ■ ia Slade, 
 
 •• 41, 
 
 Sarah Slade, 
 
 •• 35, 
 
 Hagar Talb 
 
 •■ 60, 
 
 Jermina Freeman, 
 
 
 ferry, 
 
 " li. 
 
 Stephen Terry, 
 
 " in. 
 
 Maria Terry, 
 
 •• 12, 
 
 •lames Landrj . 
 
 •• 38, 
 
 Total, 37 
 
 As a pan of the same report we have a letter of Benjamin F. 
 Winslow of said Fall River who was then the guardian of the Fall 
 River Indians. It is annexed to the foregoing report and purports 
 to answer a list of questions. It is given here in full: 
 
 "Appendix D. 
 
 Letter from Mr. Winslow. 
 
 Fall River. Dec. 14th, 1848 
 "1 (ear Sir: 
 
 "Yours of the 12th instant is at hand, and 1 must ask yoi 
 make all possible allowance for the imperfect manner in which 1 
 must, necessarily, answer the questions you propound, from my 
 limited knowledge of the former condition of the tribe; 1 will, 
 however, do what is in my power towards answering the same. And 
 
 1st. The present condition of the tribe is decidedly poor, but 
 better than in former years, in some respects. 
 
 2nd. There ar ing laws that I know of. in relation to 
 
 the tribe excepting a Resolve passed June 9th, 1818, appointing a 
 guardian; no disabilities except their not being allowed to 
 and I think that to he no disadvantage to them. 
 
 '■\vt\. The present guardianship seems to be adt 
 
 only to the relief of those most needy, as far as their pi 
 wants are concerned; [ think it might he improved by a limited 
 appropriation to ho expended bj the guardian, for specified pur- 
 
65 
 
 poses, instead of having it at his discretion; and that he be 
 instructed or directed by the legislature what course to pin-sue in 
 regard to cultivation or improvement of the lands of the tribe. 
 
 1th. I think the tribe would receive no benefil from the privi- 
 lege of citizenship, if conferred upon them. 
 
 5th. The land is held both in severalty and in 
 n five acres to each of four families, and the remainder is 
 held in common: the whole amount of territory is about one hun- 
 dred and ninety acres. I suppose the whole territory to be public 
 property and to belong to the State, as it was conveyed to the 
 Province of Massachusetts Bay by one Daniel Wilcox, and after- 
 wards, in the year L701, "it was ordered, thai the Indians be 
 accomodated with a settlement for a plantation upon said lands to 
 be holden by them of his Majesty's government, within this prov- 
 ince during the pleasure of the it". 
 
 There is no other property of any kind, that 1 know of; no 
 source of income excepting the small amount obtained from 
 wood lands, which are held in common. 
 
 6th. There are seven who have been supported in part at the 
 expense of the State, at an average cost of about forty dollars 
 each, per year. The present mode of supporting them is. proba- 
 bly, as good as any I could suggest. 
 
 7th. The tribe. I think, have not suffered, in any respect, 
 from contact with the whites, otherwise than by depredations 
 committed upon their woodlands, in former years, by some of 
 their white neighbors. 
 
 8th. There is some, but very little fence to be troubled about: 
 the bounds which mark the several portions belonging to individ- 
 uals or allotted to them, are entirely obliterated: the bounds of the 
 whole tract at the corners can be found. 1 have employed a sur- 
 veyor to run the lines, and find that the lands have been en 
 croached upon somewhat, by owners of the adjacent lands; the 
 tribe have no title whatever to the lands, I think. 
 
 nth. What is. or has been, the i amalgamation, I 
 
 cannot say: but from present appearances, it seems that the half 
 negro is more disposed 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. [This refers 
 to "disputes or litigation". See House Doc. No. 16, p. 71. Lisl 
 of questions.] 
 
66 
 
 11th. The principal employmenl is day labor, and the 
 majority being women and children, their labor amounts to very 
 little; their habits are not remarkably industrious; some few 
 exceptions, however; generally speaking, they are decently sup- 
 ported. 
 
 1 lit h. The health of the tribe, generally, is good, with one or 
 two except inns, 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. 
 
 l.'ith. 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 temperance, I think, from the best information. 
 1 can get, relative to their history. 
 
 14th. The tribe have no school, receive no monej from the 
 tribe. State or any other source fur that purpose; bul thechildren, 
 generally, have access to the public schools, the same as the 
 children of any citizen; there are not over five or six children. who 
 are situated so thej can at lend 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, within about four miles: those living near the village 
 have all the privileges they could wish for. and by a few of their 
 number, they are well improved; there is no money raised from 
 an.\ source, for the purposes before named, and never has been 
 since they were under the care and superintendence of the Com- 
 missioners of the Societj for Propagating the Gospel in North 
 ica, 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 it' the legislature should in their 
 wisdom deem it proper to make an appropriation for the purpose 
 of fencing the lands, and otherwise improving the same, h 
 degree, and make suitable provisions for all such as will liv< 
 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 improved; or sell the land and support them 
 from the proceeds, who are unable to support themselves, (as far 
 as maj 
 
67 
 
 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 thej are bu1 a 
 "miserable remnant" comparatively speaking, and are but little 
 disposed to associate or make a society of themselves, hut seem to 
 live isolated, and look for little else than the supply of their 
 physical wants; therefore it is almost impossible to do anything 
 for them, otherwise than in their individual capacity. There are 
 four families living on the Indian land, and hut two men among 
 them, who are able to labor for their support, two families living 
 in the village, composed of women and young children, 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 190 acres and 64 rods "granted by ye General 
 Court, to ('apt. James Church & Company Inds., and subdivided 
 the same into twenty eight equal parts, and created suitable 
 bounds, at ye corners of each divisional part or lott"; each lot 
 contained 6 acres ami 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 th' 
 
 I have the honor to be, respectfully, your ob't servant, 
 
 BENJAMIN F. WINSLOW. 
 F. W. Bird, Esq., 
 
 Chairman Commissioners. &c &c." 
 
 House Doe. No. ic. lsi'.t, pp. sn 1 .. 
 
 Appendix E. shows table from the State Treasurer that Kail 
 River Indians received from IS!:; to is 17 inch $743.24. 
 
 House Doc. No. 46, L849, p. 83. 
 
 In L857 one Zerviah Could Mitchell, who lived in North 
 Abington, Mass., and who claimed to he a lineal descendant of 
 Massasoit, through Benjamin Squmnamay mentioned in the allot- 
 ment of 1764, filed a petition with the governor and council asking 
 that she he given her rights to lots l!t. 20, 21 and 22 on Terrj '.- 
 plan of 17<>:!. The following Council report on this petition con- 
 tains several inaccurate statements as to dates and facts hut it is 
 given to show the action of the State authorities concerning the 
 matter: 
 
68 
 
 Council Files L857 
 "Commonwealth of Massachusetts, 
 eeutive Department. 
 Council Chamber. 
 
 .. T , „ . Boston, Jan 7 L857 
 
 I he C ommittee to « hom was referred the Petition of Zerviah 
 C Mitchell, now residenl of North Abington 
 
 "REPORT 
 
 , . , "Thai by examination of the 
 
 prr ;;'''"•;•«»-"■>, y of State they find thaton the 
 
 f 3of M ^ch 1700 Daniel Wilco> for a , ,nsideration sold 
 
 t the Cover nment of the Province of Massachusetts several tracts 
 ofknd mcludrng the tract now claimed by the Troy Indians, to 
 which land or a part thereof the petitioner is a claimant 
 
 n„-t r,'."'';. 1 '" 1 '" 1 "'" 1 ^"" [ndians fl1 th e southerly 
 
 P^ of the County oi Bristol, many of whom were serviceable to 
 h« Majesty m the wars with the Indians prayed "that a conve- 
 ne n a, ,,. land migh ^ed them where , hey might 
 settle together m an orderly manner and have the benefit of 
 * instruction for their children, "it w that 
 ™ esaid [n dianE be accommodated with a settl o . ac- 
 tion upon the aforesaid la . f - 
 tys Government within this province during the pleas, 
 p°J ernme nt,andthatacommi >d from time to time 
 o direct order & regulate the said settlement in arrangeing and 
 setting forth allotments of land to each family of Indians that 
 shall or may come to inhabit or settle the said Plantation to he by 
 them severallj occupied and improved 
 
 It appears also that the lands W ,v, then divided andalloted to 
 the several families. 
 
 H Turther appears that the selectmen of Dartmouth on the 
 day of Feb. 1762 petitioned the Provincial Government that par, 
 
 ;; l Y ,an ; l ; , ; li Y' , ' t ' ii ;. ;, i'p^p 1 -ia.e,! lwort of the Indians 
 
 ^helpless f0rtherehef0fRachelP ^mi,an Indian woman who 
 
 . hereupon on the 16 th of Feb. 1762 the House of Representa- 
 
 tIves rha1 J°s- Williams and Thomas Morey be commis- 
 
 ers to make sale of land not to exceed thirty five pounds in 
 
 o^thell oi Feb. 1762 the Council , the same 
 
69 
 
 day in Council That \Y" Brattle and Thomas Fletcher 
 
 Esq, with such as the House may join he a committee to inquire 
 whether there has been any disposition or settlement of the said 
 lands by the Government since the 2ii ,h Feb. 1701 and that they 
 search to be made in the public and County records as to the 
 quantity and situations of said lands and report; the said 
 
 oncurred in by the House the same day. It appeared evi- 
 dent to this Committee thai the Indians never had the fee of the 
 lands aforesaid but were tenants at will, that the fee simple of the 
 land was invested in the Province, and that they ought not to be 
 sold for the support of any Indians. 
 
 In Council April 24. 1762, Ordered that \V m Brattle Esq and in 
 the House of Representatives, that Col. Clapp & .Major Pond he 
 joined as a committee to inquire into the State of the Indians and 
 Report: and on the 3 d of Fel) 1764 they reported that the lands 
 had been divided into twenty eight lots, four id' which had been 
 given to the family of Capt Church and the remainder assigned to 
 the Indian soldiers in his Company. As some of them had died 
 without issue the Committee made a new assignment of certain 
 lots. 
 
 Your ( Jommittee also 
 find the land claimed by your petitioner are. lots No. 1!>, 20, 2\ & 
 22 which were assigned to the Heirs of Benjamin Squinnamay on 
 a plan drawn by Zebedee Terry Dated Dec •">. lTli:! which lands she 
 claims as the only heir now living of those persons to whom they 
 iriginally assigned. Each lot containing Six acres & \2s 
 rods. 
 
 Your Committee also report that on the 22 l day of September 
 they had an interview with Benj. F Winslow Esq, Guardian to 
 said Indians, who stated that he believed that she was the right- 
 ful heir to said lands but a i on the premises he did 
 
 - ider her entitled to the proc Is of said lands; that he had 
 
 cut off the wood and appropriated the proceeds to support the 
 Indians resident on the prem 
 
 Your Committee however are of the opinion that the proceeds 
 rightfully belong to the heirs of those to whom they were origi- 
 nally assigned, and that the Guardian ought not to convert the 
 income of the lands of one individual to the support of oth< 
 such a course seems not only unjust to the parties concerned, but 
 must have a tendencj to destroy that enterprise, and desire t" 
 excel which is so much needed to elevate the Indian population of 
 this Commonwealth. 
 
7(1 
 
 In view of the limited time remainii i mncil, 
 
 and the importance of a thorougl he claims of 
 
 titioner, and of the justice of that claim. 
 would recommend that said Petition be referred to the next Coun- 
 cil and that they take immediate act ion I net 
 
 DAVID DAVIS 
 
 for the ( 'ommittee 
 
 Later in the same year, L857, we have another report to the 
 ncil as follows: 
 
 Council Files 1857 
 
 "Commonwealth of Massachusetts. 
 Executive Department. 
 
 "( !ouncil ( Ihamber. 
 
 "Boston, Feb 1 " 5 5 1 L857 
 
 "The committee to whom was referred the papers relating to 
 the Troy Indians have attended to the subject and ask leavi 
 Report 
 
 That in their opinion those portions of the 
 land sett off to Benjamin Squinniway are and of right ought to be 
 the property of the heirs of the said Squinniway; and from the 
 papers referred to them they have no doubt that the petitioner 
 Zerviah G. Mitchell is the only surviving heir of the said Squinni- 
 way, and coi the rightful owner of the lots numbered 
 19, 20, 21 & 22 (each lot containing 6 acres and 128 rods) so far as 
 the State granted ownership to her ancestors. 
 
 They the i hat the Secretary forbid the 
 
 from trespassing further upon the lands of the said M 
 as heir of the said Squinniway, and further that the A 
 an account of the net proceed.- of the wood taken from said lots X" 
 19, 20, 21, 22 and that the amount so received be paid over to the 
 said .Mitchell by the said Agent in such sums as she may require 
 from time to time and that the same be charged to the account of 
 support of said Troy Indians. 
 
 I.. M. WHKATOX 
 GEO HOWLAND Ji n I 
 
 Council Chamber Feb y . 5. L857, 
 
 The foregoing Report is in Council Accepted. 
 FRANCIS DE WITT 
 
 Secretary of the 
 ( !ommonwealth. 
 
 Committee 
 
71 
 
 Finally, the claim of Zurviah G. Mitchell was referred to 
 J. M. Earle who made a special report upon it. It is am 
 hereto a - Appendix A. 
 
 Appendb he Resolve, Ch. 62 of 1861, relating to Mrs. 
 
 Mitchell. Her genealogy is given in Peirce Indian History, pp. 210 
 to 218 inclusive. 
 
 There is found Massachusetts Indians in other 
 
 public documents as follows: 
 
 "It is well known that among the so-called Indians there is 
 a majority of persons with some infusion of African blood, while 
 some of their chief men have little or no Indian blood at all." 
 Pub. Doc. No. 17. 1867,/. 32. 4 Report Board State Charities, p. :!J. 
 (1867). 
 
 "Our present Indians are chiefly descended, however, from 
 
 those who were either conquered or won over to a friendly relation 
 
 with tlie whites, and the disabilities imposed were such as, it was 
 
 id, would make them less likely again to become hostile". 
 
 Id. pp. 30, 31. 
 
 "We have no statemenl of the sums annually paid on account 
 of the Indians lie fore 1843. 
 
 Between L843 and L849 the total amount was $10,059.25, an 
 average of $1,676.54. each year. For the ten ear ending Dec. 31, 
 1859, i he amount was $29,964.37, an average of nearly $8,000. a 
 year. From 1860 to 18t!7 about $30,000. havebeen expended, mak- 
 ing a total, in a quarter of a century of $70,000. and upward. Of 
 late years the expenses have increased, being in 1865 $4,382.13, 
 of which $584. was for schools, and in 1866 $4,778.56, of which 
 ST.",.",. was for schools. Id. pp. 28-29. 
 
 English names borne by the Fall River Indians were 
 usually taken from those of American families who wvw friendly 
 to the Indians. For instance. Captain .lames Church was an 
 Indian, as shown by the documents taken from the Massachusetts 
 Archives, and no doubt the other names were distributed the same 
 way. The Indian population on the Reservation never was large, 
 and it direction and dwindled down to some 
 
 four or five persons now living there who would probably have 
 difficulty in establishing a rightful claim to any part of the lands. 
 Earle's Report of 1861 tells us that only nine acres of land were 
 cleared in more than half a century, and the tillage was of verj 
 inferior order (Earle's Report 80-1). He says also that "the 
 families of several of the proprietors have become extinct". Id. p. 
 81. He concludes: "They have no distinct organization. A greal 
 
72 
 
 portion of them have, for some time, mingled with the general 
 community, their families separated alike from those on the 
 plantation and from each other, while those remaining on the 
 reservation are almost entirely in the incipient or more ad 
 
 of pauperism; audit is an unquestionable fact that those 
 who have left the plantation are, as a whole, in a better condition 
 than those who remain upon it. Id. 86-7. 
 
 A to the life and customs of Indians recent writers ( Ellis and 
 Morris, King Philip War. X. V. L906) say: 
 
 "In his journey through New England the traveler would have 
 d, scattered along the inlets of the coast and on the hanks 
 ponds and rivers, manj an Indian village surrounded by 
 clearings anil cultivated tields. 
 
 Arranged around a center lefl open for the performance of 
 the village games and ceremonies, were the wigwams, constructed 
 of saplings, which, set firmly in the ground and bent together, 
 were fastened at the top and covered with bark or mats. Some 
 were cone-shaped, holding only a single family, while others, 
 resembling a covered arbor, varied in length from twenty to one 
 hundred feet. 
 
 The wigwams were pitched closely together, and the village 
 seldom occupied more than from three to four acres. Wit! 
 wigwams, and arranged around the walls, were the woven baskets 
 that held the corn, stone or earthen household utensils, the pails 
 and the low raised bunks covered with boughs and skins. In the 
 center blazed the tires, which, either for the purpose of cooking 
 or for warmth, were kept constantly alight, and the smoke from 
 which found its way skyward through a hole in the roof. The 
 liir of the inmates, what with the dirt, the tleas, unruly children, 
 yelping dogs and the blinding smoke, which with every gust of 
 wind tilled the interior, was one of extreme discomfort." 
 
 "Dressed in moccasins and small breeches of tanned deerskin. 
 I and embroidered with wampum, the body left bare above 
 the waist and greased, and. on the warpath, adorned with 
 grotesque and startling designs in black, yellow and vermilion. 
 the totemic emblem of their clan, the bear. wolf, or tortoise being 
 featured on the breast. The sachems Were distinguished by heavy 
 belts ami caps of wampum, and the Indian dandies adorned them- 
 mantles of multi-colored feathers. In fall and 
 winter, mantles of fox and beaver, tlf^r and bearskin, with the 
 hail- turned in. were worn. 
 
7:: 
 
 The hair was arranged in a variety of fashions according to 
 the taste of the individual. Some shaved on one side of the head 
 and let the hair grow long on the other. Some left only a ridge 
 in the middle extending from the forehead to the neck, which, 
 short and stiffened with paint and grease, resembled the 
 of a Roman helmet, while still others shaved all but a small 
 tuft, the scalp-lock, on the back of the skull. 
 
 Thnr diet consisted chiefly of fish, wild fowl and game, corn, 
 beans and squash, ground nuts anil berries, prepared in a variety 
 of ways without regard to the niceties of life, the hones and 
 entrails of fish and the smaller animals being seldom removed 
 
 re cooking. 
 
 Two of theii dishes were early adopted by the whites. Corn 
 mush or samp, consisting of corn meal and currants boiled with 
 water to a paste and served plain or fried in fat. The other was 
 succotash, made of boiled corn, beans and fat. to which fish was 
 dded. The great dish, however, was a stew of all 
 manner of flesh, fish and vegetables boiled in a common pot and 
 thickened with powdered nuts. The clambake was a favorite way 
 iking shell fish, and was early adopted by the whites. 
 
 While on the warpath or engaged in hunting, parched corn 
 and maple sugar were carried, and on this coarse food, moistened 
 by water from a spring, they covered long distances. Against the 
 winter they provided -tores of parched corn, maize and dried fish, 
 stored in pits (the so-called Indian barns) dug in the slop. 
 hill and covered with mats and earth."' (pp. 11. 12, i I. 1">. I 
 
 There was published in London, in 1643, and reproduced in 
 1827, in Vol. 1 of Rhode Island Historical Society Collections: 
 
 " \ key into the language of America, or an help to the 
 language of the natives in that part of America Called New Eng- 
 land", by Roger Williams. 
 
 A sketch of Roger Williams is found in 1 Coll. R. I. Hist. Soc. 
 p. '■'>, wherein it appears that he was horn in Wales in 1593, edu- 
 cated at Oxford Unfvi land, came to America in L631; 
 I as minister to Salem. Ala.--.: banished from Massachu 
 5. lie died in Providence. R. I., in April. L683. 
 
 Once an Indian said to Roger Williams: '"Fire comes out of 
 cold stone, it saved us from dying of hunger; it' a single spark 
 falls in the dry wood it consumes the whole country. Can any- 
 thing which is so powerful he anything but a deity"? Roger 117/ 
 k'ey, \fass. II: . 2, pp 22G 1 
 
74 
 
 I [&\ in.- ministered to the India [] informed 
 
 about their speech, manners and customs. He says: 
 
 "There is a mixture of this language North and Smith from 
 
 the place of my abode, about six hundred miles; yet within two 
 
 hundred miles i aforementioned I the Dialects do exceedingly differ; 
 
 so, but (within that compass) a man may by this hielpe 
 
 con i rse with thousands of natives all over the countrey" 
 
 1 R. /.. Hist. Soc. i 
 
 He says: "they constantly anoint their heads" and 
 
 "thej give dowries for their wives as the Jewes did." 
 
 They say that from the South-west came their traditions; 
 their great God "Cautantauwit" dwells there, where the souls of 
 their forefathers lie, and where they will go themselves when 
 thej d 
 
 From there, they say. came "their Come, and Beans out of 
 the .ureat God Cautantowit's field". Dialogue "is framed chiefly 
 after the Narraganset Dialect, because most spoken in the coun- 
 try". They are fund of salutations: they say "Netop", which 
 means friend. Thej could scarcely believe that that salt water is 
 "three thousand English miles" from England. After the death 
 of husband or wife they break up house "and live here and there, 
 a while with friends to allay their excessive sorrowes. Though 
 the natives hold theSoule to live ever" yet when a few persons of 
 a particular name die they give up that name as dead. 
 
 "1 have acknowledged amongst them an heart sensible of 
 
 kindness and have reaped kindnesse again from many, seaven 
 
 er, when I myself had foi "I 'arc he. I meal which 
 
 is a readie and wholesome food, which they eate with a little 
 
 water, hot or cold with this readie provision, and their 
 
 Bow and Arrowes, are thej readj for War and travel! at an hour's 
 warning, with a spoon lull of this meale have [made a good dinner 
 
 or supper." "They generally all take Tobacco" "they saj 
 
 they take Tobacco for two causes; first against rheume |cold| 
 which causeth th eyare impatient of: secondly 
 
 e and refresh them, they drinking nothing but water." 
 "Whon nicth in when thej are eating, they offerthem to 
 
 ea1 of that which they have, though hut little enough prepared 
 
 for themselves many a tune and all times of night, (as 1 
 
 have fallen in travell upon th '. when nothing hath been 
 
 ready, have themselves and their wives, risen to prepare me some 
 refreshing". "It is a strange truth that a man shall generally 
 finde more tree entertainment and refreshing amongst these Bar- 
 
75 
 
 barians, then amongst thousands that call tl Christians." 
 
 Howling and shouting they use for alarms: as they ha 
 drum or trumpets, they make known that way the coming of 
 English or Dutch. Fire is used instead of bed clothes and the 
 first one who awakes "must repaire the fire:" When they have 
 a bad dream "which they conceive to be a threatening from Cud. 
 they fall to prayer at all times of the night." In counting they 
 can cast great numbers "with the help of graines of Come, instead 
 of Europe's pens or counters." They are very affectionate to 
 their children. They cover the house with mats "and line them 
 with embroided mats which the women make" and they look well. 
 They point to the sun for the time of day as we do to clocks. 
 "Commonly they never shut their door day or night, ami 'tis rare 
 that any hurt is done. " id of shelves, they have several 
 
 baskets, whe put all their household stuffe; they have 
 
 some great bags or sacks made of hempe which will hold five or 
 sixe bushells". 
 
 The women raise ami pound the corn by hand and "tal 
 much paines as any people in the world which labour is question- 
 lesse one cause of their extraordinary ease of childbirth". For 
 doors they have hanging mats. and holes in the centre for chimneys. 
 They some times get English boards and bolt their doors. They 
 bewail or moan at the loss of friends or relatives. Nearly all use 
 tobacco "some doe not, but they are rare Birds". They carrj 
 tobacco bags with a pipe in it on their back.-; some are 2 fee. 
 made of wood or stone with men or beasts carved on it. In sum- 
 mer they work in their fields, plant corn. but they spend the winter 
 in the woods. Tl; el poles and the women ma!. 
 
 arrange the mats which cover the wigwam. They move when 
 tlies plague them, when some one dies &c. They are sociable. 
 They In brain to be the seat of the soul. "For the tem- 
 
 the brain in quick apprehensions and accurate judgments 
 mi morel the must high and soveraign God and Ci 
 hath not made them inferior to Europeans." 
 
 Toothache is the only thing which makes Indian men cry. 
 One who can tell them new - in th sir langu i 
 that is god. They sit ai ery man has his pipe ami keeps 
 
 silent while one speaks, either getting some news or holding con- 
 sultation "with very emphaticall speech and great action, com- 
 monly an houre, and sometimes two houres together." They say 
 that the English left home because they have burned all the fire- 
 nd come here t" get more. They are very observant of the 
 
76 
 
 sun. moon and stars. If the year is dry they pray even 10 days 
 for rain, "h is admirable to see what paths their naked hardened 
 feel have made in the wilderness". 
 
 Many whites got lost in the w Is, were found by Indians 
 
 who helped them home. Thej are swift runners; some ran 100 
 miles a day; back in two days. 
 
 They prizi ore than any other "cattell". "The 
 
 joy full in meeting of any in travell. and will strike fire either 
 
 with stones or sticks, to take tobacco and discourse a little 
 
 together". "I have been many a night with them, and many 
 
 alone, yet always mercifully preserved". They adore the 
 
 sun "for a god or divii e er". They gave to the guns the 
 
 r" and to shots that of "thunderbolts". They 
 
 love the south west winds which are the warmest in the climate; 
 
 ty they come from the abodeof their gods and the dwelling 
 
 place of their own souls after death. They plan: 
 
 h to prevent the birds from eating it. They build watch 
 
 d and children scare away the black 
 
 birds. They are .ureat marksmen; they take birds by laying nets 
 
 nd catch them. 
 
 "There are an abundance of singing Birds whose name 1 have 
 
 little as yet enquired after. " 
 
 er Williams went to Martha's Vineyard where he was told 
 by Indians that birds came from another island. They pr< 
 chestnuts and acorns as dainties. Strawberries grew naturally. 
 The Indians bruised them with Indian meal and made excellent 
 bread. They use huckleberries and currants and dry them; mix 
 them with "parcht meale". "The Indian Come keeping the 
 body in a constant moderate looseness". The women set or plant, 
 hill and .wither corn and fruits. 
 They use naturj f shell and wood. Main get together 
 
 i" iir . plant. 
 
 An Indian would start with basket of com. and • make 
 
 i hatchet, cut down a tret', make a shed of the hark 
 and burn and hew the inside, make a dug-out, ate his corn, fish- 
 ed some and in 10 or 12 days had a bo -.m^ fish on the 
 
 "Their own reason hath taught them to pull off a coal or two 
 
 ; small pole with which they would saile before a 
 
 wind b tj miles.' Thej are great swimmers, they will 
 
 swim over two or more miles to reach land. They make fishing 
 
 nets of strong hemp; or catch fish by striking the fish with their 
 
77 
 
 arrows and sticks. Indians delight in eating clams winter or 
 summer. They are picked up by the women at low water. They 
 boil them and mix the broth with their bread which gives them 
 lecessary salt. 
 
 He says: "This (clams) is a sweet shellfish which all Indians 
 
 generally over the country, winter and summer delight in " 
 
 English pigs watched low water and competed with Indian women 
 aboul eating and rooting clams. They were hated badly by the 
 
 Indians on that account. ""The natives take exceeding 
 pains in their fishing, especially in watching- their seasons by 
 night; so that frequently they lay their naked bodies a cold night 
 on the cold shoare about a fire of two or three sticks, and oft in 
 the night search their nets; and some times goe in and stay longer 
 in frozen water. " They also break the ice on fresh ponds and 
 catch fish. 
 
 They go naked, except wearing small breeches, or covered 
 with beasts* skin some times. Aprons about the waste; children 
 are naked until 10 or 12 years. 
 
 In doors they leave off the beast skins. They have turkej 
 feathers for ornament or headgear. They are made by "'their old 
 men" and "is with them as velvet is with us". 
 
 They make shoes and stockings of i\w]- skins, well oiled so 
 that snow or water do not go through. [Mocassins.} They tan the 
 leather themselves very well. They paint these deer skins for 
 summer wear. 
 
 They wear English clothing some times, but take it off in the 
 rain to keep them dry. and pull it off when they return home. 
 
 They believe God is the author of all things. If they loose a 
 child or have an accident they say God is angry with them. 
 But they have many other gods, such as Sun God, Moon God, Sea 
 God, Fire Cod. &c. They say the spark which gives tire reveals 
 a divine power. 
 
 If they see any one surpassing others, or something excellent 
 in birds, beasts, fish, they cry out "Ma/iittoo" a God. They have 
 feasts where great excitement and contorsions pre\ ail : dancing, 
 &c. They make solemn speeches. Their priests and old men 
 speak of peace, war and God. Their government is an absolute 
 Monarchy. The sachem is their prince and ruler: but decides 
 nothing without consulting them; he punishes by whipping or 
 death. I ■ They generally have many*. wives 
 
 except the chief of the Narragansetts who usually has only one. 
 
78 
 
 An offending or adulterous woman is put away. The offender 
 is beaten or wounded. 
 
 Dowry is given to women at marriage. It' parents are ton poor 
 others contribute. They sell furs to the English for Indian money, 
 is of 2 kinds. One white, made of the stem or stock of the 
 periwinchle, when all the shell is broken off. 6 of these heads are 
 worth an English penny. They bore a hole in them and string 
 them like bracelets. Black money is made of the shell fish called 
 hentish. .'! of these make an English penny. Wampum is white 
 money. They string this money and hangit on the necks of men. 
 women and children. Some only make bows and arrows. Others, 
 women, make earthen vessels, some only attend to hunting and 
 fishing and again others store shells which pass for their money. 
 
 They are very suspicious in trading with the English, thinking 
 that the latter want to deceive them. They will go 40 miles to 
 save 6 pence. 
 
 Women paint their faces with all sorts of color. Whole 
 family go hunting. They set traps for deers. Some times wolves 
 are caught; they take their skin. They eat the deer that is 
 caught and use the skin for clothing. They play, instead of cards 
 "with strong Rushes'". 
 
 "They have a kind of Dice which are Plumb stones painted, 
 which they cast in a Tray with a mighty noyse and sweating." 
 Men and women paint their faces. They use pine bark and red 
 earth for that purpose. They take sweats by making a hot 
 Build it side of a hill. Heat stones. They go in without clothing 
 several, about 20, at once, stay there some time, smoking, then 
 jump in cold water. They sweat to clean their skin and purge 
 i heir bodies. 
 
 Their own Indian priests and conjurers among them get their 
 money. They effect some cures. They howl, roar and hollow at 
 them and sing to the rest of the people. 
 
 When deatli occurs they blacken their face with soot, weeks. 
 months, even a year at a time, as a mark of sorrow. The name 
 of the dead must not be mentioned. Mere mention of a dead 
 Sachem is the cause of war. They wrap up the body of their 
 dead in mats, put it near the grave. Have general lamentations. 
 Every one cries. Thej lay the bodj in the grave, they spread on 
 the grave the mat on which he died, hang up his skin coat on the 
 neare I tree and leave it to rol there. Canonicus, Sachem of the 
 Narragansetts, after he buried his son. burned his horse in 
 expiation. 
 
79 
 
 Herrings were plentj then, and the Indians would dry what 
 the] did not use. They also used herrings as fertilizers, by put- 
 ting one into every hill of corn. They also planted beans and 
 pumpkins. Peirce, Ind. Hist. p. LO. Massasoil sent some corn to 
 the English and through the interpreter Hobbamock showed the 
 Pilgrims how to plant corn and beans. Id. p. lit. 
 
 The consideration paid for the Freemen's purchase conveying 
 about one half of the territory now covered by the city of Fall 
 River, north of City Hall, was "20 coats. 1 little kettle, 8 pairs of 
 shoes, 6 pairs of stockings, one dozen of shoes, one dozen of 
 hatchets. 2. yards of broadcloth and a debt to be satisfied of John 
 Barns which was due from Wamsutta" very likely for rum, since 
 Barnes kept a tavern. Id. 38. . 
 
 We publish five reports of the guardians of the Fall River 
 Indians, in the appendices (C. D. E. F. G.) which speak for them- 
 selves. The last one was made in 1868. Immediately after that, 
 the St. 1869 C. 463 which freed the Indians from guardianship 
 was passed. 
 
 COLONIAL LEGISLATION CONCERNING INDIANS. 
 
 The general court of the colony of Massachusetts Bay took 
 early steps to regulate the sale of liquor to Indians. They put on 
 a penalty of 40 shillings for every pint sold or delivered to an 
 Indian, except in cases of "sudden exigent faintness or sickness. 
 not to exceed two drams." The statute went on further: 
 
 ""And for the better discovery of such ill disposed persons who 
 through greediness of filthy lucre shall privately sell or deliver 
 strong liquors- ■■• " to any Indian, and it said that the testimony 
 of an Indian, "with other concurring circumstances amounting to 
 an high presumption in the direction of the court" would he suffi- 
 cient to convict, unless the accused could take the following 
 purgation oath: 
 
 "You, A.B., do swear that neither yourself, nor any other by 
 your order, general or particular assent, privity, knowledge or 
 allowance, directlj or indirectly did give, sell or deliver any wine, 
 cyder, rhum, or other strong liquors or drink, by what name or 
 names soever called or known, unto the Indian by whom and 
 of you are now accused. So help you God." 
 
It was also provided that if an Indian was found drunk he was 
 
 fined five shillings, (about si. mi. of present money). or else openly 
 
 whipped by the constable of such town or place, not exceeding 
 
 ten lashes, as the justice of the peace before whom such convic- 
 
 . shall determine". 
 
 February 24th, L694; 1 Acts & Res. Prov. Mass. Bay, pp. 
 L50-151. 
 
 Earlier legislation also applicable to the Indians in the 
 Fall River territory are found in Plymouth Colony Laws, p. 89, 
 i Boston, 1836. i 
 
 1658. 
 
 "SELLING wink OR STRONG WATER TO INDIANS. 
 
 "It is enacted that noe person whatsoever shall henceforth 
 sell wine or strong water to any Indian, unless in case of sickness 
 or faintnest and then onely with the foreknowledge & con- 
 sent of a magistrate if there be any in the township, or in defect 
 him with the foreknowledge and consent of the comittees or 
 grandjurymen of the said township. & but for a smale quantity, 
 and fur every default e lo pa.\ X s to the Colonies use. " hi. p. 111. 
 
 1663. 
 
 "It is enacted by the Court, that if any Indian or Indians 
 shall be found drunke in any township of this Gov r ment: That 
 they be forthwith taken by the constable of the towne and sett in 
 the stockes; and that if any liquors shalbee found with the Indians 
 that it he forfeit to the use of the (iov'ment. and that it shalbee 
 lawful for any man to seize any Indian found drunke or any 
 liquors found with the Indians and bring him or it to the constable 
 to be ordered and disposed of as aforesaid, unless any Indian shall 
 make it appear that hee hath such liquors according to order of 
 Court. And the said Indians that shalbee sett in the stockes as 
 above said shall defray the charge thereof which is two shillings 
 and six pence a time for everj of them." Id. p, 123. 
 
 1659. 
 
 "Whereas complaint is made thai the Indians in several] ; 
 of this Jurisdiction liveing in remote places from any townshipes 
 have received great damage by the horses and hoggs of the 
 English: It is enacted by the Court that it shalbee lawful for the 
 Indians soe enoyed by the horses or hoggs of the English whoelive 
 remote from any towne to bring such horses or hoggs to the pound 
 in the next township and t here lo bee kept t ill t he owners take a 
 course to satisfy the damage: and such Indians to have twelve pence 
 
81 
 
 a peece for horses and six pence a peece for hoggs; if they bring 
 them above eighl miles; and alsoe that if any neal Cattle shall 
 treaspass the Indians; it shalbee lawfull for them to impound 
 them that sue they may have reasonable satisfaction." hi. p. 288. 
 
 Laws relating to Indians revised: 
 
 PROHIBITIONS AGAINST INDIANS. 
 
 They were nut to hunt, fish, fowl, travel with lun-den or do 
 
 ile work en Sunday. 
 
 White men could not sell them firearms, ammunition ("be- 
 cause the Indians who are naturally perfidious are abundantly 
 more insolent and proud, when they are furnished with English 
 arms." Ply. Col. Laws. p. 288); nor boats, barges, vessels, sails 
 or tackling; no Indian shall give any ear-mark to his swine, like 
 the English, the latter alone to have earmarks for their swine; no 
 pei-son could purchase land of Indians without government's 
 consent, nor buy wood, timber, herbage from them; 10 shillings 
 must be paid in money to town clerks for every horse sold to In- 
 dians, but no mare shall be sold to them, & a mare found in keep- 
 ing of Indians was to he forfeited; lending of horse to Indian pun- 
 ished by in shillings: £5 fine for selling liquor to Indians, ("this 
 order shall not extend to restrain any charitable act, in relieving any 
 Indian bona ml, in any suddain exigent of sickness, faintness &c, 
 ceeding one dram or two, or by the prescription and direc- 
 tion of some Physician, under the hand of -a Magistrate first 
 obtain"); testimony of an Indian suflicient to convict "any Eng- 
 lish person" unless such English shall upon their oath clear 
 
 elves from any such act " In case of conviction of 
 
 sale of liquor to Indians, when the line was not paid, the convict 
 was publicly "whipt." Plym. Col. L. pp. 288-9-290. (State Ed. 
 is:;.;,. 
 
 NOTE. 
 
 Computation of time, Old Style and '■ 
 A leu words are necessa what i- to be understood by OLD 
 
 STYLE and NEW STY] 
 
 The Julian Caleud d mi the supposition that 8 ■.. ,lavs 
 
 and 6 hoi in truth, an annual revolution of the sun i> performed in 
 
 365 days, 5 hours, (8 minutes and iat the Julian civil yi 
 
 too long, and exceeded the solar by ti minutes and i\' : seconds, which 
 
 [II coi rected tin- • 
 [582. The time as computed by tin- Julian method, which i- called OLD 
 STYLE, had then advanced ten days beyond th< true time. Ik- ordered that 
 should Ik. suppressed, and that thenceforth threi la liould In- 
 
82 
 
 dropped ears, which would be nearly equivalent to one day in 130 
 
 years. 
 
 The year under the OLD STYLE began the 25th ol March: he ordered 
 that it should begin the first of January. The new reckoning was called NEW 
 STYLE. It was not adopted in England and this country, till 1 75^. when the 
 error had reached eleven days. In old records, deeds and other papers, we 
 find, between 1st January and 25th oi March, DOUBLE dates; as Jan 17. 1717 iS. 
 which mean 1717 old style and 171S new style. Another perplexity often arises 
 from not recollecting that January aud February were the latter i>art of the 
 \ear. For instance: a distinguished man. who died a hundred 
 February, it h lied an ordins 
 
 which was true, reckoning according to OLD STYLE. Another example: 
 King G ' ■ til. in May 1; riverton to be set to Rhode Island, and 
 
 lature, AFTERWARDS, in obedience to that order, in January of the 
 same year, incorporated anew the town of Tiverton. The act of incorporation 
 took place the latter end of the yeai 1746, OLD STYLE, oi the beginning of 
 the year 1747, NEW STYLE. The practice of DOUBLE dating, between 1st 
 of January and 25th March, was dropped alter 1702. Fowler. Hist. Fa 
 
33 
 
 APPENDIX A. 
 
 House Files— 1861. 
 
 Special Report 
 
 to 1 he Governor and Council, 
 
 of the Commonwealth. 
 
 in the cases of 
 
 ZURVIAH GOULD MITCHELL AND JOHN HECTOR, 
 
 heard before 
 
 John Milton Earle, 
 
 Commissioner 
 
 under the Act of April 6, 1859, relating to the 
 
 Indians of the Commonwealth. 
 
 Commonwealth of Massachusetts. 
 
 To His Excellency 
 
 John A. Andrew. Governor &c. 
 
 The undersigned. Commissioner under the Act of April, 1859, 
 relating to the Indians of the Commonwealth, would respectfully 
 submit the following 
 
 Special Report: 
 
 By the provisions of the Act under which he was appointed, 
 he was authorized to hear parties in relation to any matter of 
 inquiry with which he was therein charged. Under that provi- 
 sion, several claims were brought before him for investigation, 
 and. on two of them, which are treated in this report, after giving 
 due notice to the parties and examining the claims, reports were 
 prepared thereon, but were retained under an apprehension that 
 new facts mi^ht be developed or Mime conclusion arrived at in 
 relation to the general subject of inquiry entrusted to him. which 
 might influence or control the recommendations which oughl to be 
 made, for the action of the legislature. That reporl having been 
 made, lie now submits the cases referred to, which are those of 
 Zurviah Gould Mitchell and John Hector, as follows: 
 
84 
 Case of Zurviah G. Mitchell. 
 
 The petitioner in this rase claims, a il and sole sur- 
 
 viving heir of Benjamin Squinnemay, four lots of land, containing 
 each six acres and one hundred and twenty eight rods, situate in 
 Indian Town, so called, in Fall River, being a pain of the Indian 
 plantation at that place, which lots, she affirms, are illegally with- 
 held from her possession, by Benjamin F. Winslow, Guardian of 
 the Troy or Fall River Indians. She also claims pay for wood cut 
 from said lots, for the use of said Indians or sold for their benefit, 
 by direction of said Winslow and his predecessors in said office, 
 and prays that possession of .-aid lots may he given her. and that 
 payment may be made for the value of the wood, so taken from 
 them. 
 
 Due notice having been given to said Winslow. the parties 
 appeared at an adjourned public hearing at New Bedford, Aug. 
 31, L859, and were fully heard thereon. 
 
 The evidence laid before the i immissioner establishes the 
 following facts, viz: 
 
 1. That the Indian lands at fall River were granted in the 
 early part of the las! century, to ('apt. -lames Church and others 
 of his company of friendly Indians, hut no record w., 
 
 any subdh ision among them prior to L764. 
 
 2. In 1764, a number of the original grantees having died 
 without heirs, a committee of the General Court, appointed for 
 
 the purpose, caused the land to he rosurveyed. and the hounds 
 renewed, with a plan thereof. From the report of the I 
 it appears that t! een a previous subdivision and assign- 
 
 ing the proprietors, and they give the names of 
 the proprietor oi I lots, as originally assigned, designat- 
 
 ing the lots, the posterity of whose owners had become extinct. 
 and giving the names of the presenl owners of those which were 
 still held by hereditary descent. Then then say: 
 
 "And whereas sundry soldiers, belonging to the company 
 under ('apt. .lames Church have left no posterity, and there being 
 no provision made for Lieut Manchester and twelve others, in the 
 same company, the Committee have, agreeable to the direction of 
 t he ( !ourt, assigned tot hose who have lefl posterity, the li 
 those who had lotts assigm hem, and whose posterity is 
 
 extinct." 
 
 B; the original assignment, the twentieth lot belongei 
 
 Isaac Sissell, who left two daughters Mercs- and .Mary." Sissell's 
 
85 
 
 wife, the mother of Mercy and .Mary, was the daughter of Benja- 
 min Squinnemay. The posterity of the owners of the nine 
 twenty first, and twenty second lots, having become extinct.these 
 lots were respectively assigned, the nineteenth "to Esther Samp- 
 son and Sarah Squin," the twenty first "to Sarah Quam's two 
 children. Daniel! and James." and the twenty second to Comfort 
 and Thankful", all "grandchildren of Benjamin Squinnemay". 
 This report was read and accepted, in both branches of the General 
 Court. Feb. .",. 17b4. and an order passed thereon, that the lands be 
 confirmed to the several persons named, agreeably to the report of the 
 Committee, which was approved by Gov. Bernard. 
 
 3. That, for many years past, most of this land has lain in 
 common, being covered with wood, which has. from time to time, 
 been cut off, by direction of the Guardian for the time being, and 
 used by the families residing thereon, or sold for their benefit, as 
 their necessities required, till little remains, except a growth of 
 scrub oak. The original division into lots has been disregarded, 
 and the families living thereon, have been located without any 
 regard to such divisions, and have cultivated small patches. 
 adjacent to their dwellings, cutting wood for fuel where it best 
 suits their convenience, or where the Guardian may direct. 
 
 1. That Mrs. Mitchell, on the refusal of the Guardian to 
 recognize her claims, applied to the Governor and Council for re- 
 dress. The matter was. thereupon, investigated by a Committee 
 of the Council, who made a report, dated Feb. 3, 1857, in which 
 thej gave the opinion that thse lots "are, and of right ought to 
 be, the property of the heirs of Benjamin Squinnemay, and. from 
 the papers referred to them, they have no doubt that the petition- 
 er, Zurviah G. Mitchell, is the only surviving heir of said Squinne- 
 may, and. consequently, the rightful owner of the lots numbered 
 L9, 20, 21, and 22, so far as the State granted ownership to her 
 ancestors." The report further recommended that the Secretarj 
 
 rected to forbid said Winslow from further trespassing on 
 said lots, and that he render an account of the wood sold there- 
 from, and pay over the proceeds thereof to said Zurviah (1. 
 Mitchell, from time to time, as she may require, and chargi 
 same to the account of the Troy Indians. This report was accept- 
 ed by the Council, fob. 5, and the same day, an order was issued 
 by the Secretary, in conformitj with the recommendation therein 
 
 :11 cop} "I thi- report containing the assignment oi the lots, see 
 Appi idix , ort. 
 
contained, which order was duly served on said Winslow, July 2. 
 1858. 
 
 5. That an adjustment, satisfactorj to Mrs. Mitchell not 
 having ensued in consequence of this action she brought the matter 
 again before the Governor and Council, and again it was referred 
 
 ommittee of that body. The Committee made a report on 
 the 2 d of June 1858, in which they say that they "believe that 
 neither the petitioner nor any of the Indians, are the owners/// 
 fa simple of the lands occupied by them, but they are owned by 
 the Commonwealth, which holds them for their benefit." The 
 Committee conclude by saying that have "visited the place with 
 the Guardian, and directed him to cause to be surveyed, a portion 
 of land to ed by -Mrs. .Mitchell and her family, the 
 
 amount not t, finally assigned to her ancestors, and 
 
 with this, she appeared to be satisfied." 
 
 6. That the Guardian, acting under the order of the Council 
 of L857, paid over to Mrs. Mitchell a certain sum of money, being, 
 as lie claims, the full value of her portion of the wood sold— a 
 claim which Mrs. Mitchell does not admit. 
 
 7. That he also surveyed and set apart to Mrs. Mitchell's 
 
 lie land, on which she caused a house to be placed, 
 but was subjected to such opposition and molestation in the occu- 
 pancy, that she felt constrained to abandon it. 
 
 8. That the Guardian has continued to cut wood as heretofore 
 notwithstanding the injunction served upon him. and to act upon 
 the assumption, which he claims to be authorized bj the reporl of 
 the Committee of the Com cil of 1858, that the land is held for the 
 common benefit of all the Indians, of whom he is ( Guardian. 
 
 On the state of facts, tl i ted, Mrs. Mitchell avers 
 
 that her right to the land and its product is substantiated: that 
 - uncil of L857 conceded the justice of the entire claim, firsl 
 
 to the possession of the lots, and then to compensation for the 
 wood taken from them: that the Committee of the Council of 
 L858, while they deny that the fee was in her, substantially con- 
 cede the same thing, by directing a portion of the land, "not to 
 exceed that originally assigned to her ancestors, " to be surveyed 
 and set apart to her OCCUpancj and use, and by their tacit assent 
 to 1 he ( [uardian's paying her the value of the wood sold. 
 
 Comn '■ ' the 
 
 e claims, that, "when the Court, in 17(11. set oil' 
 
 these four lots to the heirs of Benjamin Squinnemay, and the 
 General Court confirmed the same, this confirmation was into 
 
87 
 
 to opci-aif as a gift or granl in fee simple, the grant being, as she 
 claims, a gifl of the fee. But, if this claim is not sustained, she 
 claims thai her "right to the equitable fee is clear and indisputa- 
 ble, i e. she is the owner of the land, to her self and heirs, 
 subject only to the trusteeship of the Commonwealth. As cestui 
 que trust, she has all the rightsand privileges which any owner of 
 land has. in the State, saw that the legal fee is in the Common- 
 wealth, and she cannot sell without permission of the State, her 
 ." She claims, therefore, a recognition of these rights, 
 and protection by the State, in the enjoyment of them. 
 
 On the other hand, it is contended by the Guardian, that the 
 granl was made for the general use of the grantees, as the legis- 
 lature might direct: that the assignment of lots in 1764 was tem- 
 porary in its nature, limited to the personal occupancy of the 
 assignees, and intended only to prevent the occupants from 
 encroaching on each other, and that the legislature might, at any 
 time, make another and different assignment of the lots, or 
 otherwise dispose of the same, and that, consequently, Mrs. 
 Mitchell has no special right to the lots assigned to her ancestors, 
 but, that whatever right she has in the Indian lands is the same 
 that all the other Indians of the tribe have, to a joint ownership in 
 common to the whole, except so far as exclusive occupancy may 
 be assigned by the Guardian or the Commonwealth; and that this 
 position is confirmed by the fact, that most of the lands have lain 
 in common for a long period, and that those who occupy portions 
 of it. do it without any reference to the former division. 
 
 It is not perceived how Mrs. Mitchell's claim to the fee of the 
 land can be sustained. Contemporaneous legislation shews that 
 grants of land to Indians, for whatever purpose, or whatever 
 cause, were not made in fee simple, but the fee was retained by 
 the Commonwealth as their trustee, in order that the otlu r benefits 
 of ownership might be more perfectly secured to the grantees and 
 their heirs. At the time of the assignment of* the lots in 1764, 
 there were fifty six proprietors. With the general poverty of the 
 Indians, and the improvident habits which unfortunately, were 
 too prevalent in that class of our population, it cannot, for a 
 moment, be supposed, that, had they possessed the fee, some por- 
 tion of the land, at least, would not have been sold to relieve their 
 necessities, or taken on execution, in satisfaction of their debts. 
 
 The position of the Guardian seems equally untenable. Had 
 the right granted been that of a tenant at will, or of a life estate, 
 simply, it would have-been made in such form. Bui the grant 
 
appears to have been unrestricted, except by that general provi- 
 sion of law, existing at the time, by which no Indian could dis- 
 pose of real estate but by consent of the Siat<'. The grants of 
 lands to other Indians have all been in perpetuity, and, after 
 division, mad eralty by authority of the legislature, the 
 
 of hereditary descenl pulously regarded. But 
 
 we are not left to rest alone on inference drawn from the g 
 course of legislation and precedents, in such cases. The report of 
 the Committee, on which the subdivision and assignment of lots 
 was made in 1764, recoKnizes and sustains the exclusive individual 
 rights of the grantees, as well as the sanctity of hereditary descent. 
 In every instance, where heirs of the original grantees were liv- 
 ing, their rights iwlged and respected, alike, whei 
 heirship was by direct or collateral descent, and whether tin' 
 heirs to any lot were many or but one. And this is spoken of in 
 the schedule which makes a part of the rep" 
 courtesy or convenience, but of absolute right. Thus, forins 
 it is said: "The second lot was originally laid mil to Tom Pirn, 
 who died without children, and has left (/ire, cousins, [saacChurch, 
 Mercy Hope, and Experience Ward' - : and on the accompanying 
 plan, shewing the ownership of such lots as had inherited them 
 from the original proprietors, it is said "this [the second] lot 
 belongs to Mercy Hope. Isaac Church, and Experience Ward.*' 
 Again; the schedulesays; "the fifteenth lot. originally laid out to 
 Husband, b s to Richard, grandson to his [Husband's] 
 sister, Sarah Doggett." These two cases furnish instances of 
 collateral descent, and o both by a single heir and by 
 more than one. 
 
 But, aside from all these considerations, the right of the heirs 
 to the inheritance, and to hold it in severalty according to the 
 assignment, would seem to be conclusive, from the nature of the 
 grant. It was not made as a gift, conferred without pecuniary 
 consideration, nor yet as a provision for paupers dependant on the 
 Siaie for support, but, as an equivalent for services, and. as such, 
 carried with it all the rights of property, to which Indians were 
 entitled under the laws of the State, as completely as if it had 
 1 n purchased with the money of the grantees. 
 
 This repo 1 on the evidi b) Mrs. Mitchell 
 
 and the Guardian. Since it w:i^ written, I from the 
 
 ProviiK which demonstrate, most completely, the correctness "i 
 
 iln conclusions t<> which 1 had arrived in the report, \i/: that the lots belong 
 
89 
 
 An objection was made by the Guardian, that there was no 
 sufficient evidence thai Mrs. Mitchell is the sol heir of Benjamin 
 Squinnemay. There might be some force in the objection, if the 
 matter had not been investigated, or if good cause had been shewn, 
 to believe that there were other heirs living: but as the Committee 
 of the Council of L857 made inquiry, and reported that they were 
 satisfied she was the sole heir of Benja. Squinnemay; as the Coun- 
 cil of 1858 recognized her rights as such, as the Guardian, himself 
 admits that she is an heir, and as it is hardly possible, after the 
 notoriety that has been given to Mrs. Mitchell's claim, and the 
 consequent excitement among the members of the tribe, that any 
 other heirs should be in existence, and the fact not become known, 
 it would be unjust that her rights should be prejudiced by the 
 mere suggestion that such might possibly be the case, when 
 unsupported by any evidence to that effect. 
 
 I am therefore of the opinion that Mrs. Mitchell has sustained 
 her claim to the ownership of the four hits in question, subjed to 
 the trusteeship of this Commonwealth, and that she is entitled to 
 possession thereof, and to a fair equivalent for the wood that has 
 been cut therefrom. By the report of the Committee of the 
 Council of June 2, 1858. it appears that "the Guardian, B; I'. 
 Winslow, has paid the petitioner $63.26, being as much as he 
 thinks she is entitled to, of the money received from the sale of 
 the wood." With this sum Mrs. Mitchell is not satisfied, and 
 asks that the matter be investigated, and that a fair and just con- 
 sideration be made to her. for the wood taken from her lots, down 
 to the time when it may lie adjusted. 
 
 Subsequently to the Report of June 2, 1858. the husband of 
 Mrs. Mitchell, then living, purchased a building, and with the 
 
 tc. tlic several grantees in severalty, and to their heirs forever, Inn not in fee 
 simple, tin- Commonwealth retaining the fee as their trustee. From thos< 
 records it appears Unit the original grant of land was mad< to Capt. Church 
 and members of his company in 1 701. In [707 the proprietors petitioned tin 
 General Court tor an exchange of a portion of their land for some other which 
 would bi them, anil for a division Hi In 1.1 in 
 
 severalty, by them, their heirs and assii oth words for a grant of them 
 
 imple. The exchange of laud wa md made ami tin: o 
 
 division into lots, and the assignment of them to tin- s ( .\ L - ; ,i proprietors was 
 made by a Committee, and on tin 22c! ol \< , the General Court 
 
 confirmed the lands to them in severalty, and to their hex 
 be assign tated but to coutinui Indian plantation." For a 
 
 fuller account of this, ami the reloi 
 notici "i tin Fall River Tribe ami Appendix C. in my general report 
 
'.Ill 
 
 consent of the Guardian placed H on the Lo1 which he had assigned 
 
 to them, to be fitted up and occupied by themselves and family, as 
 a dwelling house, with the intention of cultivating the land. The 
 measures which had been taken by Mrs. .Mitchell to obtain a 
 recognition of her rights on the Plantation, had produced feelings 
 of dislike and hostility toward her, in the minds of the residents 
 on the Plantation, who looked upon her as a stranger and an inter- 
 loper who was seeking- to deprive them of their rights— feelings 
 which had been freely manifested, by words, in the community 
 and which were frankly avowed to the Commissioner, when he 
 visited them. Soon af 1 ouse was placed on the territory, 
 
 the windows were broken out. and other similar outrages were 
 committed evincing a disposition to harass the family and to make 
 their residence there disagreeable, if not impossible. These, with 
 the death of Mrs. Mitchell's husband, which took place not long 
 after, induced her to suspend further operations on the house, 
 and it awaits, in an unfinished state, the adjustment and settle- 
 ment of Mrs. Mitchell's claim. 
 
 It is obvious, that with the embittered state of feeling exist- 
 ing on the plantation toward Mrs. Mitchell, her settlement thereon 
 
 would he unfavorable to the peai f the neighborhood, and most 
 
 unpleasant to herself and family, and should he avoided, if it can 
 reasonably he done. Believing that the interest of all parties con- 
 cerned would lie promoted by an adjustment that should give to 
 Mrs. Mitchell a fair equivalent for her interest in the property at 
 Fall River, and leave the State in possession of the same, for the 
 benefit of the Indians residing there, I would respectfully recom- 
 mend that measures should he taken to that end. Mrs. Mitchell's 
 husband was a worthy and respectable man. a tax payer, and a 
 citizen. She is a capable energetic woman, a member is good 
 
 The Annual Report ol the Guardian dated S 
 
 "During the past year, the peace and quiet of those living on the Indian 
 lauds have been disturbed by a "new comer" auiougst them. One Zurviah 
 Mitchell ime and claimed sole ownership of 
 
 one eighth of the whole tract ol land, and a Committee of the Council having 
 through a misapprehension ol the lat she was the 
 
 owner, bj heirship, of the premises, claimed l'\ her, she has taken liberties, 
 
 11 r member of the tribe \ 
 although another Commilt i thai the said 
 
 Zurviah Mitchell \s not the owner in fee sitnpl yel sh< 
 
 continues boisterous in her claims, under the decision of tb< foi hum Committee, 
 and fias c;ui<t-</ much ill feeling, on the part of those ol the tribe who 1 
 lauds, towards her, and considerable trouble foi the Guardian 
 
91 
 
 standing of a Christian Church, and is represented to be entirely 
 competent to the management of her own affairs. She neither 
 desires nor needs the Guardianship under which the Indians are 
 placed, and would be better situated among her friendsather 
 present home in Abington, where she has long resided, than among 
 Strangers, between whom and her unkind feelings prevail, on the 
 plantation at Fall River. An arrangement which would prevent 
 her settlement there would probably be quite as advantageous to 
 the residents on the plantation, and to the Guardian, as it would 
 be to Mrs. Mitchell. 
 
 I would, therefore, respectfully recommend that the Gov- 
 ernor he authorized to appoint, with the advice and consent of the 
 Council, a Commissioner whose duty it shall be to ascertain what 
 amount, if any is still equitably due to Mrs. .Mitchell for wood 
 taken from her lots, and to agree with her upon a sum, on the 
 payment of which she will relinquish to the Commonwealth all 
 her right and interest in the Indian lands at. Fall River, and. fail- 
 ing to make any arrangement with her. shall be authorized to pro- 
 ceed and lay out the lots for her. according to the original survey 
 and allotment, and for this purpose. I report the annexed Resolves. 
 
 All which is respectfully submitted 
 
 JOHN MILTON EARLE 
 
 Commonwealth of Massachusetts. 
 
 House of Representatives, M'ch L5, L861. 
 The Committee on Claims to whom was referred the Special 
 Report of John Milton Earle, Commissioner under the act of April 
 6, 1859, relating to the Indians of the Commonwealth, ask to he 
 discharged from the further consideration thereof and recommend 
 that portion of the Report which refers to the case Zurviah G. 
 Mitchell, he referred to the Committee on Probate and Chancery, 
 and that portion, which relates to the Case of John Hector, to the 
 Attorney General of the Commonwealth. 
 
 Vnv the Committee. 
 
 S. B. STEBBINS. 
 
 Senate March 21, 61. H. of R. Mar. 16 /61, 
 
 Concurred Accepted 
 
 S. N. GIFFORD Clerk Sent up for concurrence 
 
 WILLIAM STOWE, Clerk 
 
92 
 
 APPENDIX B. 
 
 Resolves 1861, Chapter (12. 
 
 RESOLVES IX FAVOR OF ZURVIAH G. MITCHELL. 
 
 RESOLVED, That the governor and council be and they are 
 herebj authorized to examine the claims of Zurviah G. Mitchell. 
 and to ascertain what amount, if any. is still due to her for wood 
 cul from her lots on the Indian territory, at Fall River, and sold 
 by the successive guardians of the Indians at the place, for their 
 benefit; and also to agree with the said Zurviah G. Mitchell, on 
 a sum, for which on the payment to her. she will relinquish to the 
 Commonwealth all her right, title and interest in and to said lots. 
 
 RESOLVED, That in case a satisfactory arrangement cannot 
 otherwise be made with the said Zurviah G. Mitchell, of the sum 
 to be paid to her for the relinquishment of her claims, the gov- 
 ernor and council may agree with her on referees, to whom the 
 question shall be left, and who- ■ decision thereon shall be final 
 and conclusive; subject, however, to the approval of the governor 
 and council. 
 
 RESOLVED, That on the satisfactory adjustment of these mat- 
 ters the governor be authorized to draw his warrant on the 
 treasury for such amount as may he awarded to said Zurviah (i. 
 Mitchell, to be paid to her on the signing of such release as shall 
 be satisfactory to the governor and council; said release to be a 
 perfed and full discharge of the Commonwealth, and of the 
 guardian of the Troy or Fall River Indians, from any claim she 
 may have on the Indian land at Fall River, or for wood which 
 may have been cut thereon. 
 
 Resolved, That in casea satisfactory arrangement cannot be 
 made with the said Zurviah <i. Mitchell, for the relinquishment of 
 her rights in the Indian plantation, the guardian of the Troj or 
 Fall River tribe be authorized to proceed to survey and layout her 
 lots, by metes and hounds, according to the original laying out, 
 giving her due no1 ice of the I ime w hen it is done: provided, how- 
 ever, that the legislature shall not have previously provided 
 otherwise, for a new survey and location of the several lots on 
 said plantation. 
 
 Approved April 2, L861, 
 
93 
 
 APPENDIX C. 
 
 Miscellaneous Files: 
 Reports of Indian Guardians, etc. 
 
 Fall River March 12 th L843 
 To the Hon. John A. Holies Secretary of the Commonwealth of 
 Massachusetts- 
 Sir- 
 
 Your letter dated Feb 1 st 184-'! was received on th- I" 1 
 inst. at which time I was confined to my house with sickness — 
 
 You request me to state to y<>u my own compensation, and 
 that of my Deputies or Agents for the ten years, ending the first 
 of the present year, or for the time 1 have been in office. 
 
 In reply, 1 state, that I have had no Deputies or Agents I 
 received my Commission as Guardian of the Troy Indians in May 
 1836— and have held said Commission six years the eleventh day 
 of May last past From the time 1 first rec d my Commission to the 
 ending of the last year, I have received as compensation for mj 
 es as Guardian as aforesaid, one hundred and four dollars— 
 I have charged for my services for the year past, twenty five 
 dollars, and my bill for that sum is now before the legislature— 
 but I ha\c nut yet rec d it— nor do I know that it has yet been 
 allowed — 
 
 Very Respectfully, 
 
 Yours &c. HOLDER WORDWELL 
 
 APPENDIX D. 
 
 Miscellaneous Files 
 
 Reports of Indian Guardians, etc. 
 
 Report of the Guardian of the Troy Indians. 
 
 The population of the tribe is thirty three. 
 
 Six families reside on the Indian lands: and contain in the 
 aggregate sixteen persons. 
 
 Three other families reside in this vicinity, not on the lands 
 of the tribe. 
 
 The genera] condition of the tribe is much better than in 
 former years; the dwellings are in ^ood repair: and some small 
 portions of land well cultivated. 
 
94 
 
 Two persons belonging to the tribe (both females) about 80 
 years of age are supported entirely at the expense of the Common- 
 wealth, excepting their fire wood, which is obtained from the 
 Indian lands. 
 
 Several others have received some aid from the state, mostly 
 on account of sickness. 
 
 Amount expended by Guardian, for support of paupers, care 
 of sick, and medical services, for nine months to Oct. 1, 1857. 
 Three hundred Sixty four & 7-100 I Mlars $364.07 
 
 Paid for three Pews & expense of pur-chasing the same 166.25 
 
 Paid Indian Woman for her right in Woodland, by 
 
 order of Council 51.76 
 
 Incidental expenses 23.35 
 
 Guardian's Services 75.00 
 
 s.;s(i. i:; 
 ( Ine hundred and Sixty dollars of the above, was appropriated 
 by the Legislature of 1857, for the purchase of Pews in Meeting 
 House at North Westport. 
 
 Amount received for Wood Sold from Indian land $90.93 
 
 Amount due from Rent of Pasture on Indian land 25.00 
 
 Fall River. $115.93 
 
 Oct. 6, 1857 Respectfully submitted, 
 
 BENJAMIN F. WINSLOW 
 
 Guardian 
 
 APPENDIX E. 
 
 Miscellaneous Files; 
 Reports of Indian Guardians, etc. 
 
 To His Excellency i he < k>\ ernor, and the Honorable Council of the 
 Commonwealth of Massachusetts; 
 
 The undersigned, Guardian of the 
 Troy Indians would respectfullj beg leave to submit the following 
 reporl for the j ear ending September 30 1861. 
 The real estate occupied by said Indians consists of 190 acres 
 and 64 rods Of land, valued at $3000.00 
 
 and 5 Dwelling Houses valued at $1000.00 
 
 Total $400.00 
 
95 
 
 Whole number of the tribe living in differenl places, as nearly as 
 can I).' ascertained, — Eighty Six. Five families numbering 
 teen persons, live on the lands of the tribe: 
 The whole number who have received aid for the year ending Dec. 
 
 :',r' L860, twenty eight, twelve adults, and sixteen children. 
 Amount expended by the guardian for their support during the 
 year aforesaid $577. .'{S. .<">."'>( I. (>:', was paid from the treasury of the 
 Commonwealth, and the balance S2<>.75. was received for wood 
 sold by the guardian. 
 
 One death and two births have occurred since the last report. 
 There has been, during the last six months, an unusual amount of 
 sickness among the tribe: three persons— Alice Northup. Pamelia 
 Gardner, and Abby I. Butler have received aid in consequence 
 of their sickness, and those being in addition to the number 
 usually receiving- help, will make the expenditures for the present 
 year more than those of the last year. 
 
 The moral condition of the tribe has improved, in some particu- 
 lars since my acquaintance with it (some fifteen years ago,) many 
 of the children now attend the public and Sabbath Schools: and 
 are not behind many others who possess greater social privileges. 
 And aside from the love of strong drink on the part of three or 
 four of the older members of the tribe, they are a respectable and 
 orderly people. 
 All of which is respectfully submitted, 
 
 BENJAMIN F. WINSLOW, 
 
 Guardian Troy Indians. 
 Fall River 
 Sept. 30, L861. 
 
 APPENDIX F. 
 
 Miscellaneous Files 
 Reports of Indian Guardians, etc. 
 
 To His Excellency The Governor of the Commonwealth of Mass- 
 achusetts, and the Honorable Council. 
 
 The undersigned, Guardian of the Troy Indians, would respect- 
 fully beg leave to present the following Report, for the year end- 
 ing September 30 th 1865. 
 
 The whole number of the tribe is about eighty. Three have 
 died during the yeai — viz: James Northup, son of Cato and Alice 
 Northup, died Oct. b", ,h 1<S(>1, disease consumption, unmarried; 
 
96 
 
 Alice Northup, mother of James, died Jan s 3 , I s *',:,. widow; 
 Joseph Gardner, son of Lydia Gardner, a soldier in the 5 th Mass. 
 Cavalry, unmarried, died recently in Texas. 
 
 There has been one birth since my last report, Mary F. Perry 
 daughter of William and Mary Perry, born Feb 5 2 d 1865. 
 
 Pour members of the tribe have been in the Army of the U.S. 
 in the 5 th Massachusetts Cavalry; and are now in the service 
 with one exception;— Joseph Gardner, deceased, David Northup. 
 Charles A. Page and Ebenezer Lindsey. 
 
 There is one in the State Alms House at Bridgewater, — James 
 Crank. 
 
 And one, William H. Gardner, age 12 years, in the State Reform 
 School, Westbor'o. 
 The general condition of the tribe remains the same as heretofore. 
 
 Expenditures for support, for the year ending December 31 st 
 1864. and for repairs of buildings. $646.24 
 
 Salary of Guardian 100.00 
 
 Amount received from State $686.74 
 
 Do for rent of land 25.00 
 
 Do " Sales of W I 34.50 
 
 $746.24 
 
 $746.24 
 
 Respectfully submitted, 
 
 Your Obedient Servant . 
 
 B. F. WINSLOW, 
 
 ( luardian of the Troy Indians 
 
 Fall River, October .V" ISC,',. 
 
 APPENDIX G. 
 
 Senate Files: Miscellaneous. 
 1869 
 
 Report of Committee on Indian Affairs. 
 Public Doci men r No. 35. 
 
 Commonwealth of Massachusetts. 
 To His Excellencj the Governor of the Commonwealth of Massa- 
 chusetts, and the Honorable Council. 
 The undersigned, Guardian of the Troy Indians, would 
 i fully submit the following Report for the year endii 
 September, L868. 
 
97 
 
 The general condition of the tribe remains about the same as 
 at last report. Three births have occurred during the year: a son 
 to Thomas and Julia Crank, born March 10, 1868; a son to William 
 and Mary Perry, born 19th February, 1868, and a daughter to 
 Josephus and Sophia Perry, born September, 1868. One death 
 has occurred, viz: a son of William and Mary Perry, died on the 
 23d of August, 1868, aged six months. 
 
 There are now six members of the tribe who from age and 
 infirmity need a large part of their support from the State, viz.: 
 Sarah Crank, Pamelia Gardner, Persis Crank. Lydia Gardner and 
 Lucretia Miller. One, James Crank, is still at the alms-house, 
 Bridge water. 
 
 The expenditures for the year ending December 31, 1867, 
 were as follows.:— 
 For supplies of provision, clothing, medical services, 
 
 cutting and drawing wood, and other charges, $469 46 
 
 Salary of Guardian, 100 00 
 
 Received from rent of land, ;S2.">.i>u 
 
 from State Treasurer. 544.46 
 
 s.m;h it; 
 
 sr.tiit. k; 
 
 Fall River. October 1. 1868. 
 
 Respectfully submitted, 
 
 B. F. WINSLOW, 
 Guardian Troy Indians. 
 
 1 Endorsement.] 
 
 H. R. Feb. 13, '69 
 
 Ref d to the Com ttee on Indians. 
 Sent up for concurrence 
 
 W S ROBINSON (Ik 
 Senate Feb. 15, 1869 
 Concurred. 
 
 S. N. GIFFORD Clerk 
 
INDEX. 
 
 Page 
 
 Algouquins 35, 
 
 Allotment of 1764 
 
 Bill, Substitute-, Introduction 
 
 Brief for City oi Fall River 3 
 
 Buildings on Reservation, Picture o) 33 
 
 Church, Benj., Deed to Massachusetts 
 
 from " 28 
 
 Deeds. 
 
 Daniel Wilcox to Massachusetts 25 
 
 Massachusetts to Benjamin Church 
 
 Benjamin Church to Massachusetts 
 
 Kliot. John 
 
 Emancipation of Indians 'I 
 
 Fall River City Charters I 
 
 formerly called Troj I 
 
 Incorporated as town 1 
 
 Incorporated as city I 
 
 Reservoir Commission 5 
 
 Water Supply Acts. 1 
 
 Indians called Troy Indians 61 
 
 Military Service 3.) 
 
 Indian Reservation, Title 10,11,18-32 
 
 Freemen's Purchase 
 
 Freetown 3 
 
 History of Title of Reservation 
 
 History of Reservation 3 I ct seq. 
 
 Indians, Emancipation of 14 
 
 Indians, Fall River Called Troy 61 
 
 Military Service .; I 
 
 Names oi Tribes 36, 37 
 
 Preachers to 15 
 
 Magistrate 
 
 Indian Meeting House 46 
 
 Plantation. Established 
 
 Plantation. Exchanged 52 
 
 Reservation in Fall River, Title 10. 1 
 
 Si hool I louse, 46 
 
 Kin- Phi'ip 
 
100 
 
 Magua Charta of Massachusetts Indians i| 
 
 Massachusets, Deed of Wilcox to 25 
 
 to Church 28 
 
 of Church to 
 
 Massasoil 42.79 
 
 House, [udian, \6 
 
 Partition of 1 764 59 
 
 ts, 36, 37 
 
 Pokanokets, 
 
 Preachers to I udians 45 
 
 Picture of Buildings on Reser^ atiou 33 
 
 Reservation, Title to Indian, in Fall River 10, n, iS -^2 
 
 Reservoir Commission, Fall River ■ ■ • 5 
 
 House, I ndian 46 
 
 Substitute Bill introduction 
 
 Title, Indian Reservation in Fall River 10.11. iS-.vi 
 
 if Formerly Called A 
 
 Venison to Province 52 
 
 Wampanoags 36, 37 
 
 Wilcox, Daniel, deed to Massachusetts 25 
 
 Wilcox, Daniel 17. \S 
 
 Williams. Roger, 73