USA > Massachusetts > Nantucket County > The history of Nantucket County, island, and town : including genealogies of first settlers > Part 19
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Naturally this condition was not satisfactory to the people of Nantucket and in May, 1708, James Coffin, Esq., of Nantucket pe- titioned Governor Dudley and the General Court in behalf of the English inhabitants of the Island to have the report taken up and accepted.
The petition was read in the Council June 14, 1708, and sent down. June 25, 1708 it was read in the House and it was ordered that the prayer be granted, and it was returned to the Council for Concurrnce; and there the record seems to end.
In November, 1716, the Indians again appealed to the General Court complaining that they were unable to obtain justice in Nan- tucket, and praying for relief and on November 14 of that year the following order passed both branches of the Court:
"Upon Reading a Petition of John Punker Indian Inhabitant of the Island of Nantuckett in Behalf of himself & the other Indians of the said Island Setting forth That they suffer great Injustice & Oppression from some of their English Neighbors, Praying this Court to appoint them a Guardian And that the said Island may no longer continue a County by itself, but be annex'd to some other County :
"Ordered, that the Petioners serve the Inhabitants of Nan- tuckett with a Copy of this Petition that they may be heard before ye Court on the second Fryday of the Sessions in May next in answer to ye Complaints therein, & show Reason if any they have Why the Prayer of the Petition should not be Granted: and Peter Thacher Esq'r & Mr. Benjamin are desired & appointed to go to the said Island & enquire into ye matters of Greivance complained of & more especially their Whaling & Assist the Inhabitants in making
*The matter omitted had no reference to Nantucket. ¡Archives of Mass. Towns II, p. 437.
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a proper Representation thereof to ye Court, And Mr. Experience. Mayhew is appointed with the other Persons above named to in- quire into the Affair afores'd."
The subject came before the Court again on June 13, 1717, and it was "Resolved that the Island of Nantucket be annex'd to ye County of Suffolk." The House of Representatives however, de- clined to concur and on June 22 took the following action: "The House of Represent'ves having Non-Concur'd the Resolve of the Council annexing the Island of Nantuckett to the County of Suffolk:
Voted as follows: viz, Inasmuch as we apprehend the Indians will not be benefited thereby, but will comply with those that sue them to great Loss, rather than to be at the heavy charge of trans- porting themselves to Boston in answering them: Voted that his Excellency & the Council be desired to Constitute & Appoint one or two proper Persons from the Main to be of the Judges of the Infer- ior Court of Common Pleas & General Sessions of the Peace from Time to Time on the said Island." This solution seemed satis- factory; the Council concurred and the Governor assented to the ar- rangement. John Otis, William Bassett and Peter Thatcher, Es- quires Justices for the Indians within the County of Barnstable or any two of them at one time with two of the Justices of the In- ferior Court of Common Pleas on the Island of Nantuckett "& no more be and hereby are impowered & appointed from Time to Time to be Justices of the Inferior Court of Common Pleas & General Sessions of the Peace to hear & determine all Causes & Matters of Difference between the English & Indians & Indians & Indians on the s'd Island."
But the Indians still remained dissatisfied, and the Records of the General Court, under date of November 17, 1718, say: "A Com- plaint of the Indians of Nantucket Importing that their English Neighbors allow them but half Price for their Whaling, that they have pulled down the Indian Houses & built on their Land, that they plow across the Indians & plant in their Land, & take away their Horses & Cattle to prevent their Plowing: That if the Indians sue the English, the Judges, Jury, Sheriff & Clerk are the Defend- ants, and Praying that they may have equal & impartial Trials, This being their fourth Complaint" was read in the Council .* Joseph Coffin, Representative of Nantucket in the General Court, in answer to the Complaint, which was signed by John Bunker and Saul in behalf of the Indians, showed that "as to what they alledge of be- ing paid half Price for their service they have no reason to Com- plain, they being allowed according to the Custom of the Island, one Half, the other being allowed for the Boat & Craft which is a pro- portion as is allowed to white Men, that they owe the English a great Deal, who have often trusted & relieved them in their Necessities. That the English have never pulled down their Houses, but when they have built upon the English Land. That they have no other Ground to complain of the English taking away their Horses & Cattle but their being impounded, when they are taken in the Eng- lish Pastures. That Titles of Land between the English & Indians are never tried on the Island of Nantucket.
That in all other Causes between them Justice has been impar- tially administered; and they have been often Favoured in the Judgment of their Court. That the English Inhabitants are willing
*It would seem as though the legislation ordered in November, 1717, had not been made effective.
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& desirous that the Debts contracted by the Indians for the last five years may be fairly stated, & that the Records of their Court or otherwise anything unjust or unreasonable appears in their Dealings they shall be glad to be regulated." The replication was read in the Council and as no further action seemed to have been taken it may be assumed to have been satisfactory.
There seems to be no reasonable hypothesis on which to base the continued unrest of the Indians in these complaints, save the one advanced by Mr. Worth quoted previously, inability to comprehend the English laws regarding real estate transfers, and it may without doubt be deemed probable that there were white men who assisted in keeping alive the discontent.
On June 6, 1723, the Records of the General Court report "A Petition of the Indians of Nantucket Complaining of many Injuries & Abuses practiced on them by the English Inhabitants of that Is- land by Impounding and taking away their Horses & Cattle, Hin- dering them from the Use of their own Lands & making them pay rent for that which they plant on &c &c, praying Redress from this Court & that they may have a hearing of those matters. That so they may prove the truth of the things they alledge. In the House of Representatives, Read & Ordered, that the Inhabitants of the Town of Sherbourne on Nantuckett be Served with a Copy of this petition & that a hearing be held thereon before this Court on ye Second Wednesday of the Fall Session." The Council concurred with the Order and the Governor approved it .*
Again the Indians were held aloof but a short time.t The records of the Province Council for June 22, 1727 state that "In Consideration of the Complaints of lately made by the Indians of Nantucket of Injuries Rec'd from the English Inhabitants there (as they Suggest,) which is still lying before this Court,¿ and no De- termination made theron; Ordered that Nathan'll Byfield & Elisha Cook Esqrs with such as shall be appointed by the H'on'ble House of Represent'ves be fully Authorized and Impowered to Repair to
*The Town Records do not show that anything was done about this hearing.
¿Under date of Boston, Oct. 12, 1722, Chief Justice Samuel Sewall ad- dressed the following letter to Jethro Starbuck ,at that time one of the Selectmen:
Sir-" am informed that there is an Indian Man dwelling on your Island, whose name is Pekenny, that he is the Owner of Twenty Acres of Land there, lying in comon with the English; That he is a sober in- dustrious Man, keeps a Team, and helps himself, and his Neighbors. Now notwithstanding all this, I hear there is an Unwillingness in the English that this Pekenny should pasture in common with his English Neighbors; which they manifest by pounding his Cattell altho'h he turns in to feed a very modest Proportion. So far as I kno, if the matter of fact be truly stated, the Indian is hardly and unjustly dealt by. The English are many, and potent; but that should make them more care- ful to keep themselves far from being in the least injurious to those that desire to live peaceably with them. I write this to desire you to use your Interest in favour of Pekenny, that the English may carry it towards him with that candor which becomes Christians, especially since one main errand of Englishmen into America, was to allure and persuade Indians to become Christians. Praying God to prosper the English and Indians in their just Rights, I am, sir, your friend and servant SAMUEL SEWALL."
Accept the inclosed sermon.
There seems to be nothing to justify the inference that Pekenny was unfairly used.
#The General Court did not appear to have faith that injustice had been done.
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Nantucket, and Call all parties before them & make full Inquiry into ye matters of ye s'd Complaint & Report the same to this Court & what they shall judge proper & necessary to be done thereon; & that his Hon'r the Lieut. Govern'r be desired to Grant a Commission to the s'd Gent: accordingly
Sent down for Concurrence J. WILLARD SEC'Y.
There does not appear to have been any action on record carry- ing out this order, and so far as we know matters were fairly quiet for several years. Whether any local action was taken to satisfy the Indians, whether they became satisfied that they had no real grievance, or whether they got discouraged at their lack of success does not appear.
From 1741 to 1755, however, ample compensation was made for lost time and complaints were numerous. In 1741, the Indians sent another complaint to the General Court,* setting forth as fol- lows: "Then Cam to Pass That we Sakedan Town Indians at Nan- tucket meet with Great Drouble by the Beniamin abel for Seling our land from us to the English men which we all had sheir in and then we Town Indians at our place Counsel together and we all Greed as one to Pot down the foresaid Benjamin Abel not to be sach- im ouer us any more and after we had so Greed together then we Town Indians Appointed Fast to Pray to our God to Put us in a way which we should take. the church People and Town people weare together that Day and afther this all our Elders in our Town Tellus we may Put down Beniamin Abel from being Sachim in our Place and we may Chose another man to be Sachim ouer us. And we went to New York and Boston to Ask these Two Governouers and they tell us that we may Put Beniamin Abel down frome being Sachim ourer us from doing that he should not done may Chouse another man which fear God becose this Beniamen Abel had no other Power but only what he had from us we Town Indians as to do only thing in our Town and then we had liberty to Chose another man which shall Stan for us In our Town and for our Land. This was done at Nantucket Sakedan Indian Town In the fifth month 1741. In this year and time we the Sakedan Town Indians Chose this men John Quaap to be for our helpe and sachim In our Town. and Place and ouer us. we chose him becose our fathers ard our Good old mans In our place tell us If euer we Chose another Sachin in our Town we should Chose this man and now we hope this a man which feare God for what he did to help the Town People In our Place concerning of our land before he was Chose so to do and after he was Desire to helpe to the Town People in what he seeth it is Good for Town People and will Defent our Enemys from us English and Indians for they are our Enemys in all they do to hurt us and from Indians of our Town to do Take our land away from us and in all maner try to hurt us but this men has ben our helpe and we fint no fault in him And we hope he is a men it has true fear of God and now you John Quaap you are the man which we Chose to be for our Sachim ouer Sakedon Town Indians and to be our helpe when you see we meet of it Concerning of our Land and we shall be your straik I John Quaap are Poor men. i have nothing. if pleas God to spare me my life and Giue stralkt and wisdom and
*Mass. Archives, Indians, 31, p. 390.
¡Just what is meant is somewhat obscure. It would seem to be strength.
-
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understanding knowledge you shall haue your desier of me the Sakedan Town Indians Take and Chose this John to be our Sachim and helpe.
I OLD SAUL QUALKNIT (Mark) PAUL QUAAP (Mark)
JOHN JETHRO (Mark) ESAU COOK (Mark)
RICHARD NAPMILK (Mark)
SOLOMON ZACHARIAH (Mark)
JOHN ESOP (Mark) JOHN SAUL (Mark)
THOMAS CAUNTEY (Mark)
THOMAS TASTER (Mark)
JOHN TALKMIN (Mark)
YOUK JOHN TASHMEN (Mark)
JAMES ESAP (Mark)
TITUS MOMACK (Mark)
JOSHUA MOMACK (Mark)
JOHN ARON (Mark)
GEORGE PECCOME (Mark)
ZACHARIAH BAHKOMBAEID
NANISH GRACHUS (Mar !: ) (Mark)
"In the yeare 1741-2 on the 11th month.
Then we the Indians of Sakdan Nantuckket meett with hurtt by the English of Nantuckket for daking away our Creddors from us and also from our fathers but we now spake for our seuels for we know whad haue dook* away from us In time pas." Then follows a schedule of what they say they had taken. John Quaab had a horse taken which cost him 8 pounds; Jonathan Quaab a horse he got no compensation for; James Asab a horse from his pasture which cost him 4 pounds; John Tashamen, two horses-one cost him 3 pounds "In silver" and the other 10 pounds: John Jethro, three horses which cost him 27 pounds 10 shillings, and out of the cost he got 5 pounds 13 shillings (the complaint does not say what became of the remainder) ; Joshua Mamock had a horse taken from him that cost him 12 pounds, and his father also had a horse taken; Paul Quaab had two horses taken that cost him 25 pounds and he received 3 pounds; Esau Cook's father lost a horse that cost him 12 pounds; Richard Napanah lost a heifer; Solomon Zachariah's father Naush Grachas and Abel Nanohoo also lost horses. Continuing, the complaint further alleges that "James Asal and John Asal make complaineth against English men of Nantuckked for their father Asal for they daken from him 12 cows and oxun In his day. this was done more 40 years ago and we Indians of Sakedan Sum of us haue hossis and we haue pastering for our hoses hyer of Eing- lishmen, they ask us 3 pounds friest, 4 pounds, and now they ask us 5 pounds.
And the year 1741 Einglish mens creaturs eat our corn most all up and sum they eat all up. John Quaab had anaker corn aboud half Eat op by Einglish mens Cattel and he had not neare half as much as he expeeck he should haue of that aker-and Solomon Zachariah had half anaker of corn all eat up by Einglishmen cattels.
John Jethro had half anaker Rye all eat up by Einglishmen cattel and had wequam house brock down and Einglish nauer Giue him nothing for it. John tashame had half anaker Corn all Eat op by Einglishmens cattell and had nothing for it. Esau cook had two akers corn all Eat op and had nothing for it. these Einglish men daken our creatures away from us makes other Town Indians come in uppon us daken away our wood away from our land. these In-
dians as there is no Einglish men to friend these Sakedan Town In- dians-they care not whad hurt do unto us. Chief of those Indians is Barnabas Spotso, James papamoo and his son.
And these Einglishmen of Nantuckket they neuer dake there sheep Early In the Spring Years but let them lone there the month
*took.
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of may come in and after ther sheep done sum hurt to our plandations then they dake there sheep from our land-and after they will let go there sheep dwo soons In yeare. they let them go to our land sum times last of August then they let go there sheep to go to our land to eat up our corn and. . . and ponckence then they should pay us for hurt there creatures done In our land but they neuer did and there creatures hurt us so this Eight years."
The complaints were referred to a committee who reported in March, 1741, as follows :-
The committee to whome was Referr'd the Comp't of John Wequaat et al's Indians of Nantucket Having heard ye Complainants & Considered thereon Are of Opinion That Inasmuch as John Masy and Tristrum Starbuck have Purchased of Benj'a Abel ye sachem The land mentioned in s'd Compl't at Secatan & a full understand- ing of ye matters Complained of Cannot be had without hearing the Complainants & the Sachems & s'd John & Trustrum, which with Little Charge may be Done at Falmouth in ye County of Barnstable That Therefore Some Suitable persons be appointed by this Court to hear all parties Concerned at Falmouth afores'd Giving proper notice thereof and make Report what they think fitt for this Court to Doe thereon. All of which is Humbly Submitted,
BY JNO CUSHING PER ORDER. In Council Mar: 24-1741. Read & Accepted & Silvanus Bourn & David Crocker Esqrs & Mr. John Sumner ( or any two of them) are appointed a Com'tee for the purpose above mentioned.
4 , WILLARD SEC'Y.
Sent down for Concurrence
In the House of Representatives March 24, 1741. Read and concur'd
J. HOBSON, SPKR. Consented to W. SHIRLEY
Just what resulted from the appointment of this committee is not shown in the record. The Town Records of this period show that, in the regulations promulgated from time to time, no distinction whatever was made; the rules, clearly necessary applied just as forci- bly to the English as to the Indians. About this period two Indian jurymen were chosen annually to try Indian causes or to act jointly with the whites. i
In 1743, however, the authorities on Nantucket, who seem to have been the guardians of the Indians, filed an answer to the com- plaints, by which it would appear that the matter of refutation was finally referred to them. Their reply is addressed "To his Excellency William Shirley Esq'r Captain Generall and Governor in Chief in and over his majesties Province of the Massachusetts Bay and to the Honourable the Councill and Representatives in General Court As- sembled at Boston May ye 25, 1743," and set forth-"May it Plese your Excellency and Honours we haveing received a Copy from the Secretary of your order on a pitition put into the Great and Generall Court March ye 31: 1743 by Paul Quaab, John Quaab and Abram. Tashame for themselves and the Rest of the Indians of Nantuckett
*Mass State Archives. Indians Vol. 31, p. 390.
¡Town Records.
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s'd Petition sets forth that when said Indians Sue for their Just Debts of the English People on Nantucket they cannot Recover them in the Law, and their Lands are taken from them by said Eng- lish people So that they will not be able to Raise Corn this Year for their Subsistence. this Seems to be the Complaint of s'd Indians. In obedience to your order or Desire we have Diligently Enquired into the Grounds and Occations of said Indian Complaint. Touching the first Article in their Complaint that they cannot recover their Just Debts of the English people, upon a Diligent Enquirey we could not find one single Indian of the Same. upon which we went to John Quaab and Read the copy of s'd petition and order thereon (s'd Quaab being the head man that preferred s'd Petition to s'd Court) and Desired him to mention one Instance wherein they were not able to Recover their Just Debts of the English, upon Which said John Quaab answered that they never Put in any such Complaint into the s'd Court against the English on Nantuckett and Touching their Lands being taken from them &c being the other Article in s'd Petition that they Complained of we have Diligently Enquired into and we find that John Quaab, who is the head complainant and John Tashame (who is father to Abram Tashame, s'd Abram Represent- ing his father ) and a great part of the Rest of the Indians have this Year Let out a great Many acors of Planting Land to the English people and do the Same Yearly. we find s'd Indians have one Tract of Land on Nantucket that Contains more than one thousand of acors on which there lives not above twenty eight or thirty families which they have the sole Planting of without the Least Molestation from the English, besides s'd Tract the Indians Plant their fields where they live throughout Nantuckett unmolested by the English People, From Which we Cannot find that said Indians have any Grounds at all for s'd Complaints but on ye Contrary they have had more land than they wanted to Plant Yearly.
JOHN COFFIN ABISHAI FOLGER .*
Again the matter appears to have slumbered without any special Legislative action. It remained quiet, however, only a brief time and in 1745-6, Banquo's ghost appeared again at the feast as the following complaint shows-"Nanducked, February 1745-6, there is another Drouble we poor Indians meet with. In all our places at nondukkind; of those Einglish men we are much Droubledi for what they do we se what they do and we know it is not Good-they go out the Town to go to the Indian Towns on the Sabbath day to look for there men on * * * we to not * * they all do so but sum of the Grate men-and on this' Spring Year and all the spring seasoness they go out there Town to cut up the whales on the sabboth day and also wash out there fish and lay im out to be dry this they often do on the sabbath day and if there sheep die they will go and skin them on the sabbath day and we poor Indians In all our places are much at last of what English * * in our * Towns and this is the Reason that there is no more people come to our meeting on the sabbath days if masters of those Indians have nothing for them to do on the sabbath days then these Indians Rather go to se there friends on the Sabbath days then to come to meeting that day.
Reason we poor Indians Remember when Mr. John Garner and Mr. James Coffin and Mr. Eben Cofen ware liveing Indians did not
*State Archives. Indians, Vol. 31, p. 452.
¡Nantucket. It is not always clear what is meant. įTroubled.
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do so In those days because those Justises let us have Indian Jus- tises In our Towns so when Indians did anything it was unlawfull we punish them for what they do, for these Justises is Now will not let us no Indian Justeses nowhere in all our Towns and now we cannot punish one another for our unlawful deeds."* The complaint seems some what in the nature of a memorandum and is unsigned.
The Court took cognizance of it, however, as is shown by the following entry-
"In Council Mar. 5, 1746. Whereas this with two other Papers relating to the Indians of Nantucket bearing date the 10th of Febry last containing complaints of their Grievances were deliv- ered to the Secretary to be laid befor the Court:
Ordered that Francis Foxcroft, Ebenezer Burrill & Joseph Wilder Esqrs, with such as the Hon'ble House shall join be a com- mittee to consider & report what they judge proper for this Court to do thereon.
Sent down for Concurrence J. WILLARD, SEC'Y.
To the above named Committee the House, on the following day, joined Major Cushing, Mr. Powell, Col'o Heath and Mr. Hall. The Committee appear to have reported back immediately and to have recommended "that some suitable Person or Persons be appoint- ed to repair to Nantucket and inquire into the matter of Grievance and report a true state thereof to this Court at the next May session." The report was accepted and the Council appointed Joseph Wilder Esq and the House appointed Col'o Richards for that Committee, with authority" to send for such Persons & Papers as they shall judge necessary in order to gain Light in the affair." Mr. Wilder declining to serve Thomas Foster was appointed in his stead.
The papers referred to in the order of March 5 read as follows: t
February 10th 1746/7
and here is other pesiness which is made by these Two Indians Barnabas Hahtussa and Joseph Koskuhtuquen they and of others Indian blood yet they come from hence to our Island to dagh; our wood away and our Stuffs they have nothing to do there In and we the Sagkdan Indians make our complainth against these two Indians for haue done so In Sagkedan Indian closed this six years -and here is two poor Indions he is paul quaomb and John aran make there complaineth against the English men at nantuckkit for killing there creders ** without Reason done In December 1746 and we make our complaineth to the honoureth Gournour altho to not se what he say to it.
To the Honoureth Gournor Sir, these men which is to be Jud- ges our us they are no wayes like Christions. Ii our blaces they will not let us have no Indion Justeses In our Town that is the Rea- son that Indions is slake coming to meeting on the Sabboth days they go to se there friends on the Sabboth days for they know there is no Justeses to punnish them for not coming to meeting Sab-
*Several times they had Indian jurymen and they had one or more Indian justices, who seemed more strict with them than the English justices were.
¡Mass. State Archives. Indians, Vol 31, p. 534. Įtake.
** creatures.
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both days after Sabboth days and these English Judges they go to the Indions houses on the Sabboth days and to the work on the Sabboth days and go to se how to dake our money away from us for nothing. and now we comit our pesiness In your hans and we pray you to Return us Good anser and help us and stand up for us that we may not be huthd* by our Enemies."
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