Petition of Gideon Hawley to the Legislature of the Commonwealth of Massachusetts

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court Assembled

The petition of Gideon Hawley, missionary, etc., in behalf of the Indian, etc. proprietors of the plantation called Mashpee in the County of Barnstable, humbly sheweth that your petitioner, sensible of the imbecility of the former act for regulating said Indians and their interest, did in the month of May or April last did enclose to some of his acquaintance in Boston a petition, to be by them presented to the General Court for a new act, for the purpose of supplying the defects of the old one, having in view the laying a foundation1 for the future support of the Gospel among them; as he supposed from the large tract of unimproved lands owned by them, and other resources a fund might be raised for that purpose without the least injury to the Indians as to their subsistence.  That petition he imagined would have been committed and himself called upon to have communicated his ideas on the subject to the committee.  But, unhappily, Mr. John Percival, who hath several times appeared to be a candidate for an overseer among the Indians while they were indulged with the choice, (although never chosen) by some means found in whose hands the said petition was lodged and without my desire, and even contrary to my wish, as I have been informed, applied to the gentlemen for the same in the name of your petitioner.  That is, pretending to do it by my desire and obtained it.  And then pretended with the help of said petition to act as if employed by me in preferring the same whereby he procured the act, which passed June 13th June last, relative to said Mashpee and his own appointment to be one of the guardians to carry the same into execution.  Which act your petitioner conceives will not altogether supply the defects of the old one nor does it make any provisions for the before mentioned purpose.

Your Honors' petitioner, therefore, at last sitting of the General Court, preferred a petition in his own name, enclosing another from his Indians, praying for a revision of said act, etc.  Which petition was committed to a committee of both Houses of which the Honorable Cotton Tufts, Esq. is chairman, expecting to be heard before the said committee on the subject and that they would report at this session.  After which, a remonstrance said to be signed by the most stable of said proprietors on the 31st day of October AD 1788 in the presence of the Honorable Daniel Davis, Esq., was, by said Percival, together with a letter from him praying that the petitions aforesaid may be rejected, preferred to Your Honors.  Which letter and remonstrance seem intended to defeat the salutary purposes designed by said petition, and contains several groundless insinuations, particularly its being signed "by the most stable Indians and proprietors" three of whom had signed the petition they now remonstrate against, which is no great evidence of their stability.  "Their being induced to sign the petition aforesaid by false stories of their enemies who made them drunk and have detained their property, &c." There could be no occasion for such a measure, if it can be supposed your petitioner would so far deviate from the duties of his character and sacred office, as they were very solicitous to sign without persuasion.  It being of a most serious and interesting nature and was done in public meeting upon mature deliberation.  If any strong drink was used among them it must have been out of doors and introduced by those who wished to bring an odium upon the meeting and its conductors.  Some such, your petitioner is sensible, were lurking about there.  The suggestion that "none signed a petition in their own names but were only knowing to a petition being sent," is also false, as it can be abundantly proved not only by the certificate of the Honorable Thomas Smith, Esq. on said petition but by other witnesses.

That the remonstrance against said petition "was signed in presence of the Honorable Judge Davis" is likewise a deception attempted upon the Honorable Court as may be seen by the Judge's certificate to the contrary.  Several of the remonstrating signers are minors.  Others are Negro trespassers and not proprietors and two of them namely, Job Tobey and Isaac Wickham, were gone to sea on a foreign voyage several weeks before it is said to be signed.  Much pains, your petitioner is sensible, hath been taken in going and sending round among them in a private manner to obtain signers and after all not more than eight of ten proprietors were obtained, and they, by the remonstrance, confess they are not to be trusted to their own choices and doings.

Your petitioner has now come a journey at great expense to be heard before the said committee on the subject of his petition and is waiting for that purpose, but he is informed that another petition was on Saturday last preferred to your honors respecting the matter, which he hath not seen although he hath heard of great pains taken since the last session to procure it and in taking ex parte depositions to support it.   This he doubts not to find signed likewise principally by non-proprietors as the two black fellows who came to prefer it are not proprietors.  The variety of petitions on this subject committed to different committees seem to perplex and embarrass the business.  Your petitioner therefore humbly prays that the said remonstrance may not be suffered to operate to the disadvantage of his poor people who are easily led astray by crafty and designing men who lie in wait to deceive; but that the said remonstrance, with the other petitions together with this, may be committed to the before mentioned Committee of both Houses, that they may have the whole in one view and that he may be heard before them thereupon and that no ex parte depositions may be admitted.

Your petitioner prays that he may not be under the disagreeable necessity of being interrupted in the exercise of his duty by one who acts in the office of guardian to his Indians and who by speaking lightly of the sacred scriptures, denying their authenticity, and ridiculing the Christian religion, its officers and professors impedes his labors, as was unhappily the case a few days since in your petitioner's presence and before his poor Indians, by the said Percival.

And for this and many other reasons your petitioner thinks it his duty further to acquaint Your Honors that he hath not nor can he ever act with reputation and safety to himself or advantage to the Indians in company with said Percival.  And that in case the said Percival should be continued he must be excused from acting with him.  Nor will it be of any advantage for him to preach the Gospel to them.  Your petitioner therefore earnestly prays the attention of the Honorable Court to these matters. 

And as in duty bound shall pray,

• 1. There was an "x" in the margins of this line in the original, seemingly marking something of significance.