Petition of Jonathan Cuffe and Other Gayhead Indians to the Governor of the Commonwealth of Massachusetts

To His Excellency Caleb Strong, Esquire, Governor of the Commonwealth of Massachusetts or to His Successor in That Office

We, the subscribers, proprietors of Gay Head humbly shew that in the year 1811, Simon Mayhew was representative of Chilmark.  Two petitions replete with duplicity respecting us, dated May 1811 were exhibited, their contents being generally kept secret from the inhabitants of that town, from ours, our treasurer, clerk, and every real friend until shewn to the General Court.  In consequence of one of the petitions (without any order of notice) a law was enacted entitled "An Act for the better regulation of the Indian1 Mulatto and Negro Proprietors, of Gay Head in the County of Dukes County," dated 25^th of June 1811,2 which petition prior to said law was signed by Zachariah Howwaswee and an Indian of small capacity who had served with the said Simon's father-in-law.  The rest of the signers were squaws of Howwaswee's family and connection, except that Peter Tallman's name is to that copy, but he constantly denies that he ever signed the original.  Howwaswe had previously disposed of two hundred sixty acres Oakland at Gay Head, on which land our clerk and some of us entered and being sued by a white man, after attending at four court terms obtained final judgment against him at the Supreme Judicial Court holden at Barnstable in October 1810.  Kilbourn Whitman and James Washburn, Esqs., can you confirm this.           

We being accidentally told of said prior petition and consequent law and that the other petition was pending procured copies by which it appeared that the pending petition purported that the petitioners' predecessors and themselves made a creek through the Indian's land at Gay Head with but very little assistance from the Indians, etc.  Praying for a share in the fishery of that creek, etc., which pending petition was signed by Nathaniel Mayhew and one of his nephews also by the said Simon's brother and four of his nephews.

And to support the petition it was backed by Howwaswee3 and the Indian who had served as aforesaid and by four Indian women.  The said Simon, being representative, did not sign, but considering him as one principally concerned, we fixed an answer shewing that we made the said creek and had vouchers in the handwriting of the said Nathaniel to prove that he ordered, and we had paid out of our own treasury diverse sums which said creek cost us amounting to eighty-eight dollars and thirty cents besides much labor and other sums which we could not state because the said Nathaniel withheld our former records, one of which vouchers was the account of Benjamin Bassett, Esq., the said Simon's nephew, who, by his own sayings, wrote both the said petitions.  His account was for tools used in the said creek.   Bassett had been a trader and retailer of ardent spirits [ torn ] and Howwaswe owed him.             

Our clerk formerly were the said Simon and after him the said Nathaniel, but we disliked them and had yearly chosen William Mayhew.  It was hinted that the said Simon was endeavoring to get himself and the said Nathaniel appointed guardians over us.  We, therefore, prepared a petition representing to Governor Gerry that in our opinion Simon Mayhew and Nathaniel Mayhew were too interested to be our guardians and that we had by vote chosen Benjamin Mayhew and Matthew Mayhew, Esqs., and William Mayhew in case His Excellency should appoint guardians and not disapprove of our choice, etc.                                                                                                                                             

We sent our votes and vouchers to New Bedford, desiring Thomas Hazard, Esq., to forward them and intercede for us.              

The petition for a share in the fishery, etc., was rejected, and Mr. Hazard informed us that the Governor said he would not appoint guardians except something more should be offered.              

It had been suggested that if we should succeed a man would he sent that was a match for our advisers.            

Immediately after the first Monday of April 1812, Benjamin Bassett, Esq., began his journey to Boston, and he thence returned with tidings that he (said Simon and Nathaniel were guardians.            

The said Simon, knowing that there was some dispute respecting the boundary [ illegible ] Gay Head and a neck of land, wherein the said Nathaniel had been and Tristram Allen was concerned dexterously got Mr. Allen recommended to be a guardian instead of the said Nathaniel.             

William Mayhew, by purchase of the said Nathaniel, hath become concerned in the same neck of land.            

Before the appointment of guardians, we schooled our children summer and winter and supported our own poor.            

Jonathan Panue, a proprietor, being a pauper of disadvantageous speech, sight and understanding, otherwise, in perfect health for aught anyone knew, except the apparent effect of his being naked, was under the care of the said Simon clothed him not.  The said Simon put Jonathan to live with Thaddeus Cook, whose house was in our best pasture where Simon kept his milch cows last summer.  He agreed to clothe Jonathan, who lived there with Cook a year and some days.  In June last Cook desired Simon to clothe Jonathan and often made this same request until the day of Jonathan's death.  Jonathan went from house to house, his nakedness being indecently exposed, in the fall and at the time of harvesting Indian corn and when the weather became cold he4 was hoarse and died on the third day of December last.

We, having a girl under poor circumstances, met without consulting any White person and by our own promises got a proprietor to victual and clothe her.            

Notice of the said prior petition ought to have given before a consequent law was established which might affect the property, the liberty and even the lives of the Gay Head Nation or Tribe which such had no representative in the General Court. 

The Board of Guardians, by law, were to keep "a fair account," instead of which they have separate accounts in the Court of Sessions, have received & approved of them as from several Boards (See Copies).

In Nathaniel Mayhew's account No. 1  is charged

For cash paid Timothy Mayhew

Amounting to sixty-five dollars, and we deny that any of it even a cent was due.  The guardians have had the improvement or hire of two tracks of our land three years previous to the present year at five hundred dollars per year or but little less.  They have received pay for clay and sand from our cliffs used by the porcelain and glass companies.  Say     

They have also interfered with our rights or shares in common, as may be seen by Simon Mayhew's account No. 2.  Four-tenths yearly right or share in the year 1814 was hired at a dollar and fifty cents.   Every proprietor (including infants) has a right allowed, and on the sixth day of December 1811, they were numbered at two hundred and seventy.  When the guardians in the year 1812 were appointed, we were indebted to Samuel Nickerson on interest, say three hundred dollars, most of which now remains unpaid.  We had not long before the year of 1812 paid the expense of the aforesaid lawsuit.  When the aforesaid prior petition was exhibited against us, our real property was worth, at least, five thousand dollars more than it ever had been in any twelve months within the memory of man.  The said accounts are not the accounts of a board, and we cannot tell what is become of our money.

Our complaint is that we are unconstitutionally, unlawfully, cruelly, and unjustly misused. We, therefore, we pray Your Excellency to have mercy upon us and remove the guardians which are now in authority over us.    

And in duty bound shall ever pray in a land of liberty,                 

• 1. Deleted Text: Negro and
• 2. An Act for the better regulation of the Mulatto and Negro Proprietors, of Gayhead in the County of Dukes County. Chapter 78. The General Laws of Massachusetts, Vol. 2 (1823), 294-295.
• 3. Zachariah Howwaswee
• 4. Deleted Text: became
• 5. The bottom of the page indicated the instruction to "Turn"