Petition of Joel Rogers and Other Gayhead Indians to the Senate and House of Representatives of the Commonwealth of Massachusetts
The Proprietors, Nation and Tribe of Gay Head are by us, who are of them, desired to assemble in an orderly and peaceable manner at their northern Meeting House on Tuesday the thirtieth day of April next at two of the Clock in the afternoon to act upon the following articles, namely:
To choose one of said proprietors to be a Representative of the whole and to be their Agent for the following purposes, namely: to copy the said record, to represent to any person or persons and to all persons in the world their grievances and pray for relief and, especially, to request of the Legislative body and of the Executive of the Commonwealth of Massachusetts, by way of addresses, petitions, or remonstrances, redress of the wrongs done them and of the grievances they suffer, also to ask for any necessary assistance in accomplishing the purposes for which he may be chosen
I have notified the said proprietors by posting up the above, written at the northern Meeting House at Gay Head thirty days previous to this day.
The said proprietors met at the time and place first aforesaid and
Recorded by me Hebron Walmsley, Clerk
A true copy, attest Joel Rogers
To the Honorable the Senate and the Honourable the House of Representatives of the Commonwealth of Massachusetts in General Court Assembled
We, the proprietors of Gay Head, by Joel Rogers our Representative and Agent, chosen as aforesaid, humbly shew that in the year 1811, when we acted as proprietors in legal meetings, and Benjamin Mayhew, Esq., was our Treasure, Simon Mayhew was Representative of Chilmark, a town the nearest to us. Two petitions, replete with duplicity, were exhibited, their contents being generally kept secret from the inhabitants of that town, from us, our Treasurer, and every real friend, which petitions were dated in May in that year, and in consequence of one of them which was for Guardians, an Act dated June 25, 1811 passed without any notice to your petitioners.
The said Town of Chilmark did not give instruction to the said Simon to transact any kind of Indian business at the General Court. Some of his principal constituents dislike his conduct, and the town the next year chose Robert Hillman Representative. The other petition was signed by the said Simon’s brother and by his nephews and connections who prayed for a share in our fishery, etc.
Of this, we had notice, and (supposing the said Simon to be one principally concerned) answered, proving by vouchers taken from our Treasurer’s Office the fallacy, and it was rejected. And we have ever thought that if notice had been given, and the privilege of answering had been granted us, the said petition for Guardians would as readily have been disregarded because its contents was absolutely false.
The names of only three male petitioners are to the copy, one of whom denies that he signed the original. Another was an Indian of small capacity who had served with the said Simon’s father-in-law, and the other of them had disposed of two hundred and sixty acres of land of Gay Head on which land 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 in October Term 1810, a few months previous to the date of the said petition for Guardians. The names of seven women are also to the copy, some of whom could neither read nor write. Such petitioners and such a number might probably, at any time heretofore, have been stimulated by any designing person. They stated that they were “the few remaining Indians of Gay Head.” By a computation in the same year, the proprietors of Gay Head were one hundred thirty-three of age and one hundred thirty-seven infants. Those of age amounted to more than thirteen times the number of petitioners for Guardians. Other absurdities were contained in their petition.
Within the said Town of Chilmark is a large proportion of men of unblemished character and undoubted integrity, yet there has a long time been a connexity of different men influenced by selfish motives to get our land or the improvement out of our hands. Many artful plans have been contrived to hinder us from defending ourselves, but, in every suit commenced against us, we have been successful which we could not have expected under the control of Guardians, except they were of our own choosing. If our cost and trouble occasioned by a low cunning in others was estimated, it would amount to more than enough to support our poor. We possess two thousand four hundred acres of the most grassy land on Martha’s Vineyard, being the whole that is called Gay Head, several parcels of which we have both lost and regained the possession of without the help of Guardians. The goodness of our soil and herbage has been an antecedent and trouble and cost has been the consequence.
We wish to be cautious but in duty to the Commonwealth and, in duty to ourselves and our offspring, we are constrained to express the truth, lest, from a state of prosperity beyond any People of Colour that we are acquainted with, we should become the Commonwealth's poor.
Your Honors can judge whether we are able to discern the difference between real friends and such as are friends to no one, and would (undesired) officiate, as good friends and tender-hearted brethren to the Gay Head Indians endeavor, to deceive the Legislature and trample upon liberty secured by a glorious Constitution, which we (for our defense) brought together with the Statute Laws while the suit was pending, which ended by the aforesaid final judgment and left us in possession of a tract worth at least five thousand dollars. Kilborn Whitman, Esq., assisted us in obtaining that judgment, and we refer you to him for the truth. Mr. William Bond, watchmaker, in Boston can inform Your Honors that he had been written so to give information if any petition was exhibited respecting 1 us.
There had been a petition to have Guardians previously shown.2 The scheme then was to hinder us from getting possession of that tract. The Guardians appointed under the said Act have had of our property, we think, to the amount of about twenty-five hundred dollars in the rent and improvement of our lands, etc., and in money received for clay and sand taken from our cliffs for the use of porcelain and glass companies, etc.
The Guardians have neglected to pay our just debts as by law required. One of them, namely, Nathaniel Mayhew, charged for the payment of about fifty-five dollars for services, etc., done for himself and others by himself and others about nine years before he was Guardian. We never owed a cent of it. He also charged for “Extra expense ten dollars,” which, we believe, was extraordinary expense and cannot conjecture what it could be for unless it was the expense of a man’s hasty journey to Boston to get Nathaniel Mayhew and Simon Mayhew appointed Guardians. They both knew that they in different years formally had been our clerks and that we disliked them and chose another man. Instead of laying before the Court of Sessions “a fair account” as by law the Guardians ought to have done. Simon Mayhew, Nathaniel Mayhew, and William Mayhew laid separate accounts before that court and the Court allowed them. Copies of those accounts were put on file in the Council Chamber.
The Guardians were by law required to apply a necessary part of the income of our lands for the support of such of the proprietors as might be unable to support themselves. Jonathan Panue, a proprietor and a pauper of disadvantageous speech, sight and understanding had been decently supported by us many years. He was by the Guardians in a division of the poor put under the care of Simon Mayhew, who put Jonathan to live with Thaddeus Cooke,3 whose house was in our best pasture where Simon summered his milch cows. Simon had promised to clothe Jonathan but, after many repeated applications, he shewed no mercy. Jonathan went from house to house in the fall, and, at the time of harvesting Indian corn, his nakedness being indecently exposed but in perfect health for aught any one knew. He continued in that naked condition, and, as the weather became cold, grew hoarse and died in December 1814. We applied to the Executive to “remove” the Guardians appointed under the aforesaid Act, but we were informed that to remove said Guardians and leave the law to operate would deprive us of those advantages and rights which said law was designed to protect.
We, therefore, petitioned the Honorable General Court to repeal the Act under which Guardians were appointed over us,4 and an order of notice issued and was served, but no cause shewn why the prayer of our petition should not be granted. Yet we are informed that said Act was not repealed. A previous hint or threaten had been uttered purporting that if we petitioned, a very influential man would be employed to hinder the repeal of 5 that Act. The man who gave the hint said that he should not care anything about it if it was not for feed.
We have been informed that a motion was made to send an agent or commissioner to Gay Head to know whether it was best to repeal the law. We are willing that any enquiry into the truth of facts stated by us should be made but not at our cost: We have no money to spare, perhaps our money may be used to employ advocates against us, but we cannot send an agent to the General Court because we are unable to pay him.
Your Honors can see these separate accounts -- We will not omit to mention that Thomas Hazard, Esq., exhibited our answers to the aforesaid fallacious petition, which was rejected as aforesaid and, if he should recollect, could inform Your Honors of many things more than we can mention. With high respect, we pray Your Honors as a Legislature under the merciful Almighty who governs the Universe with perfect rectitude to hear our complaint.
Notice of the said petition for Guardians ought to have been given before a consequent law was established which might affect the property, the liberty, and even the lives of the Gay Head People of Colour. The Guardians appointed under the said Act have ceased to act in the capacity of Guardians and have told us to do our own business. We are unable by law to hold a Proprietors meeting or to sue or be sued and are without the pale of the paw. Our Guardians (if any we have) are all concerned and interested in a tract of land adjoining Gay Head, and there is a dispute respecting the boundaries between their land and ours:
We venture to state that no disinterested man of sufficient ability and strict integrity would undertake if appointed to be a Guardian under the aforesaid Act which passed without notice of your petitioners and which we have ever considered as unconstitutional and injurious to our real interest as well as unnecessary.
We humbly pray Your Honors to repeal the law entitled “An Act for the better regulation of the Indian, Mulatto and Negro Proprietors of Gay Head in the county of Dukes County,” and thereby relieve us from immediate pressure. We cast ourselves at Your Honors' feet, and, if we are undone and perish, we will perish praying there.
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Legislative Action: |
Coffin, A. Brownell, Hale, Jr. |
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Docketing: |
8029 |