USA > Massachusetts > Nantucket County > The history of Nantucket County, island, and town : including genealogies of first settlers > Part 22
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of what they shall judge proper for this Court to do further therein. Sent down for Concurrence
J. WILLARD, SECY."
"In the House of Rep'tives June 8, 1753. Read and Nonconcur- red and Ordered that Mr. Welles with such as the Hon'ble Board shall Joyne be a Com'ee to hear the Parties now in Trouble and report thereon as soon as may be.
Sent up for Concurrence." T. HUBBARD SPKR."
"In Council June 8, 1753. Read & Concurred and Ezekiel Chee- ver Esq. is joined in the Affair
THOS. CLARK DEP'Y SECY."
That Committee made the following report."*
"On the Petition of the Indians of Nantucket:
The Committee appointed to Consider the Petition of a Number of the Indians of Nantucket having met and heard the said Indians Report as their Opinion that Roland Cotton and David Crocker Esqrs. with such as the H'on'ble Board shall join be a Committee appointed and impowered to repair to the Island of Nantucket and make enquiry into the Grievances suggested and Complain'd of by the Indians in their Petition and other Papers accompanying the Same and all other matters of Complaint now sub-
sisting. That the Committee have Power to send for Persons and Papers as Occasion may be that they endeavor an Accomodation of these Differences between the English and Indians and make Re- port to this Court of their doings therein and of what they shall judge proper for this Court to do further thereon.
EZEKIEL CHEEVER PR ORDER"
"In Council June 13, 1753 Read and Ordered that this Report be Accepted. Sent down for Concurrance THOS. CLARK. DEP'Y SECY."
"In the House of Representatives June 14, 1753. Read & Con- cur'd & Zaccheus Mayhew Esq is joined in the affair.
T. HUBBARD SPKR. Consented to S. PHIPS."?
The Indians made one more effort to obtain favorable action by the General Court. In October. 1754. they sent the following pe tition .¿
"To His Excellency William Shirley Esq Cap. General and Governor in Chief In and Over his majesty's Province of the massa- chusetts Bay in new England And to the Honour'ble the Council and House of Representatives In General Court Assembled October 17, 1754-
Humbly sheweth We' subscribers Indian natives and Inhabit- ants of the Island of Nantuckett That we must once more Pray your Excelency and Honours to learn Our Distressed Circumstances and that you will be Pleased to Take Some Effectual measures that
*Mass. Archives. Indians, Vol. 32, p. 382.
tThere does not seem to be any further report of the doings of this Committee either at Nantucket or elsewhere. Mr. Worth says (Nan- tuckt Land and Land Owners, p. 178) "there is no record that the com- mittee ever went."
įMass. Archives, Vol. 32, p. 551. The Indians seem to have aban- doned their vernacular and to have employed counsel.
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we be Relieved and Extricated Out of Our Difficulties which are as followeth, viz. We are at this Day the Rightfull, Owners of a Considerable Part of the valuable Lands On the Said Island of Nantuckett But as we are there On said Island and none to take Our Part the English Proprietors there have Taken Our Lands From us and Improve them and allow us no more Preveledges then Only Enough to sett an House upon and a small Garden: We Cant Keep a Cow Horse nor Sheep unless we will submit to hire the Preveledge of the English and when we offer to keep any Creatures Other ways they Impound then and Putt us to near as much Costs as the Crea- tures are Worth. One Or Two Instances We Beg Leave to mention John Tashama In January 1753 who as he supposes has the Preve- ledge Right to keep a Cow and an. Horse . . and feed on the Island had his Cow taken up at that Time In the Year by Zephan- iah Coffin and Able Gardiner and Impounded and he was Obliged to Pay Two Pounds twelve Shillings Lawfull money Befour he Could
have his Cow Out of Pound Or Go to Law with them which he was In no Capacity to Do and has Ever since been Obliged to keep
his Cow tied up to Prevent a second Impounding: 2dly Some of Our said Lands Particularly at the West End of said Island by the Court held at Edgartown June 20, 1672, were settled upon Our Pre- desesors and their Heirs never to be sold Or Alienated from them without the Consent of them Or Heirs and the Sachem which Set- tlement Remains to this day, and our
to have these very Lands Improved by the English and Our- selves forceably Kept Out of the Improvement of any of them: many mores Instances to Say no case of hard Usage from the English to the Indians might be mentioned but as sundry of them have been Hereto- fore told of In the Several Petitions that were Lately Prefered to your Excellency and Hon's that have as yet Proved fruitless there- fore we would not be further Tedious Or troublesome: But Only Once more to Beg your Excellency and Honours to take Our Dis- tressed Circumstances Into your Wise Consideration to Receive Our former Petitions and take some Effectual Measures that we may have at Least Some Justice Done us as Other of His majestys Good Subjects have Reason always to Expect under your Excellencys and Honours Wise Protection and that you will be Pleased to ap- point Some Gentlemen that stand Indifferent to make a Par- ticular Inquiery Into Our Titles and the usage We have Received from the English On said Island from time to time and Report the same to your Excellency & Honours so that we may Be Extricated Out of Our Pressing Difficulties Or Otherwise And as In Duty Bound shall Ever Pray &c.
JOHN (his mark) TASHAMA SAMUEL (his mark) HUMPHRY JOSEPH (his mark) SKUTQUARY . BENJAMIN (his mark) TASHAMY DANIEL (his mark) PHILLIPS
The petition was accompanied by two documents purporting to be copies of the Records at Edgartown. The first was as follows :-
"Generall Court at Edgartown upon marthas vineyard June 20, 1672:
Ordered by the Court that in Relation & answer to ye - Peti- tion of Mr. Harrie in Respect of him self and other Indians formerly Inhabiting the west end of nantuckett that the said Indians shall Have Convenant Plases for habitation upon the Land yet onsold which they shall hold with such Rights and Privileges as they hild
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thare former Lands By and for the Present years Insuing they shall live only under ye Government of ye sachems without Paying any tribit and Like wise hereafter unless at the next General Court the Sachames shall show and Prove that they ware accustomed Hereto- fore when the Inglish Came and had such Right of Reserving Cos- tem or tribit and such Lands as abovesaid shall be held taken Re- puted and Be so Properly their owen as never to be sold or alinated from them nor thare heirs for Ever unless by there one & the other Heires Consent.
A true Coppy of that found In ye Booke of Racords for Land Evidences for Dukes County. Compared September 25th 1747. per ENOCH COFFIN REG."*
The second like the one just quoted appears to be a certified copy from the Records of the insular General Court and is as fol- lows :- t "Whereas Petosum Mr. harrie Ahkeraman with Obadiah and George Nanahamoo have maid Complaint to This Cort That Whereas the sachims had Sold ye Land They formerly Lived on unto ye English The s'd sachims would not Entertain Them on the Land unsold The Cort Do order That The Sachims Wamuckmamuck and Nicanoos shall allow to the s'd Gentlemen as follows Petosum and George Nanohumoo Twenty acors apeace In the bounds of Niconoos: and Mr. Harrie Ahkeiaman and Obadiah shall Twenty Acors apeace in The bounds of Wamuchmamuck Without Paying of any Tribut To ye Sachims but Wood They shall have any Where Not Generally Prohibited The Parties Declare Themselves Satisfy'd and Contented herewith-and That all the Indians Who formerly Inhabited The West End of the Island The s'd Sachims Shall Entertain Them To Live on the Land unsold as the Indians and Comon People Do With- in Their Precincts.
A True Coppie of that on ye Records of Land Evidence for Dukes County Compared June ye 6, 1747. Pr. ENOCH COFFIN. Reg."#
August 29, 1757 the Council and House of Representatives ap- pointed a Committee to "go to Nantucket to investigate complaints of some years' standing, hear the parties, and report what they judge proper for the Court to do therein; the several committees formerly appointed for that purpose not having been able to attend to that service." **
The Records of the General Court do not seem to show any further report of this matter but Mr Macy in his History seems to indicate that some one did. His narration of the series of events appears to be largely traditionary and like many traditions is only partially correct.tt
*Mass. Archives, Vol. 32, p. 552. tIbid. p. 553.
#This accrds with the record of the Town as shown and dated June 5, 1667. The record in regard to their perpetual rights in the lands unless sold by consent of themselves and Sachems is under date of June 20. 1672.
** The Town Records make no mention of any meeting called or any act performed regarding the complaints. It is quite likely that Abishai Folger who represented the Town in the General Court was so pro- ficient in explaining the situation that the trip to the Island seemed unnecessary. If he did that would also account for the "great unani- mity" with which he was elected year after year.
ftSee Worth's Land and Land Owners pp. 180, 181, 182.
Mr. Macy says: (page 47): "One occurence respecting the natives ought not to be omitted. It was frequent for some of them to mur- mur an'd find fault with the English, charging them with having un- fairly purchased their lands. The English endeavored to satisfy them (See next page)
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He says, referring to a petition for a change of court jurisdic- tion for such complaints signed by Daniel Spootspotswa, Peter R. Massaquit, and Abel Cain, which was sent to the Governor and Coun- cil about 1702,-"It was not till several years after this, that the petition was attended to." As quoted in the order passed by the Council in 1757 previous committees for a variety of reasons, prob- ably, had not "been able to attend to that service." While the Rec- ords of the General Court seem to reveal no indication of action at this time and the Records of the Town have scarcely a word to say on the Indian controversies afer 1700, there seems to be an indication in Mr. Macy's History that the last named committee did in whole or in part go to Nantucket and gave a hearing. Mr. Macy writes :-*
"Accordingly, in the year 1753, the deputed Judge arrived and con- vened the parties in the meetinghouse, the court-house not being suf- ficiently large for the accommodation of the people. It was a sub- ject of great magnitude, and drew together a large concourse of spectators."
The parties, by their deputies, were heard, the records, and other evidence adduced, and the cause ably argued on both sides. The trial lasted three or four days. and when the parties had con- cluded, the judge addressed them in a long and ingenious speech, wherein he explained to the Indians, clearly and explicitly, that the English had clearly and legally purchased their lands; that they had produced good and lawful records to prove the same; that these rec- ords appeared without fraud, or intention to wrong them; that they were the best records of purchases of land of natives he had ever met with; and that it was his judgment that they should be satisfied therewith, and quietly repair to their homes. On this conclusion the court rose the Indians withdrew, and, though not satisfied with the decision, were never very troublesome about it afterwards.
Mr. Worth in "Nantucket Land and Land-owners"; points out
by appealing to the records and stating to them of whom the pur- chases were made; that the sachems had a good right to sell, and that their descendants ought to be satisfied therewith. These reasonings quieted them for a series of years, and always would have sufficed, had they kept clear of rum; for they seldom called this subject into view, unless they were in some degree intoxicated. At length they became so bold as to threaten the English with total extermination, if they refused any longer to listen to their complaints. Whether they intended to carry their threats into excution, and whether they had any settled plan of action to this intent, is uncertain. Intimation was however given to the whites, that the Indians had entered into a con- spiracy to rise upon them, on a certain night, and to massacre men, women and children. At the appointed time, agreeably with the infor- mation, the high sheriff, with fifty well armed men, issued out of the town to reconnoitre the settlements of. the natives, and ascertain whether they were making any hostile movements. They found all quiet; it was harvest time, and the Indians were merrily husking their corn. Although their fears, for present security, were allayed, pru- dence dictated that the English should take some measure against fu- ture danger. They knew the natives to be quite incapable of acting for themselves in any legal process, and, therefore, lent them their aid to bring the subject before the supreme court, in Boston."
*History of Nantucket, p. 49.
+P. 181. Mr. Macy was born in 1762.
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what seem to be errors in Mr. Macy's account of this concluding phase. Mr. Worth's conclusions are: 1, That some kind of a tribunal visited Nantucket; 2, that there being no Supreme Court at that time and the petition, as quoted by Mr. Macy, not being in form for a court of law the General Court was what was intended; 3. Mr. Macy is in error about the decision of the authorities being on the contro- versy of 1702, for that had long before been settled; 4, that Mr. Macy must be in error about the English bringing about the petition, since they had no reason to do so, the decisions having been favorable to them; 5. that the date of 1753 is doubtless incorrect and that what really occurred was in all probability a hearing was held before a committee of the General Court.
There can be no doubt about the general conclusions of Mr. Worth. The order of August 29, 1757, designating a committee to go to Nantucket expressly states that action was taken on account of "the several Committees formerly appointed for that purpose not having been able to attend to that service." It is not unreasonable to conclude that the hearing was held in 1758 and that a carelessly written 8 might have taken to be a 3.
This, however, was the last of the controversy between the Eng- lish and the Indians so far as the records show.
The following abstract of Indian deeds additional to those al- ready quoted, is from Mr. Worth's "Lands and Land Owners."*
July 7, 1664: Pakapessa, Jonas Harry and Lemmo sell to the English company all the fields belonging to Namahuma's Neck for £25.
Aug. 11. 1664: Tequamomany and Mekowakim sell to the Eng- lish for £15, all the broken land lying between Wanacomet and Wa- quitaquay, and from thence to Monomoy, all within the English- bounds.
June 5, 1667: Peteson, Mr. Larry Ahkeramo, Obadiah and George Nanahuma complained that the sachems had sold the land they formerly lived on to the English and would not entertain them on land that was unsold. The Court ordered Wanackmamack and Nickanoose to allow Peteson and George Nanahumo 20 acres apiece
*Mr. Worth makes the following preliminary comment: It is doubtful if the territory of Potcomet, or Pottacohannet extended beyond the small islands west of Nantucket. The deed of Nanahuma indicates that he was sachem over the west end of Nantucket and no other In- dian deed has been found covering that section. The three sechems who controlled the remainder of the Island were-Attapehat, who died before 1689; Nicornoose, who died between 1677 and 1684; and Wanack- mamack, who died before 1684. Attapehat (otherwise Autopcat and Autopscot) had a son Masauquet, who had a son Harry Poritan (alias Beretan), who had a son who was named Isaac Masauquet. Nick- ornoose had four sons-Isaac Wauwinet, Wat Noose, Paul Noose and Joshua Jethro, and a daughter who married Spotso. Wanackmamack had a son Saucoauso (alias Jeptha), who had two sons Cain and Abel the former had Jemina, wife of James Shea, and Abel had two sons, Ben, Abel and Eben Abel. In all probability Nickornoose died before 1677 as that is the date of the earliest deed of his son Isaac. and no deed has been found signed by him since that date. Nickornoose signed deeds only of territory belonging to some other sachem, and the same statement applies to Wanackmamack. Attapechat apparently never signed any deed.
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in the bounds of Nickanoose, and to Mr. Larry. Ahkeramo and Oba- diah shall have 20 acres apiece in the bounds of Wanackmamack without paying any tribute to the said sachems. Wood they shall have anywhere not generally prohibited. The parties declared them- selves well satisfied. The sachems shall entertain to live in the land unsold as the Indians and common people do within their precincts, all the other Indians who formerly inhabited the west end of the Is- land.
June 20. 1672 : Mr. Larry and other Indians formerly inhabiting the west end of the Island, having petitioned for convenient places for habitation on land yet unsold and which they shall hold with such rights and privileges as they held their former lands the Court so ordeed: also that for the ensuing year they shall pay no tribute unless it be proven at the next General Court that they were accus- tomed to before the coming of the English. The lands awarded to them shall be taken reputed and be so properly their own as. never to be sold from them nor their heirs forever unless by their own and the sachem's consent.
1673: Wequakesuk, sachem, to John and Richard Gardner, up- land and meadow east of creek called Shawkemo. and on the south by the Reed spring.
1674. Wauwinnet, son of Nickanoose one-half creek stuff west of Masquatuck to Stephen Hussey.
1674: Wauwinnet, to William Worth for Inhabitants four acres at Coatue.
April 21. 1674: Obadiah complained that Spotso would neither divide the land they owned jointly nor set off his portion. The Court found in his favor, that he had a right to one quarter-part-, and gave Spotso three weeks time to set it off "and if he doth not then the Court will appoint it out." Three weeks from that date. Spotso not having acted, the Court divided the land as follows: Bounded at the east with the spring at Shimmo; from thence unto the cartway at the south end at Monomoy that lies in a little valley there; and on the north and west with the harbor; and from the cartway at Mo1.o- moy aforesaid unto Wakataaquage Pond, that part of it as is halfe way between the brook running into said pond a little to the south- ward of the house of Edward Starbuck and the beach at the south sea; and so joining on the north unto the English bounds. Spotso still had liberty to divide, within a month, the land that was between them into four equal parts, and Obadiah to choose which of the four he will. Mr. Worth says* Obadiah sold his part to the Town.
Jan. 15. 1678: Sossockque or Jephtha to the Town-the tract bounded on the north by the Great Harbor, on the east by a line drawn from a tree now the bounds of Pocomack, and from thence to the old bounds of Pocomak lying by the Great Harbor.
1686: Soccoch or Jeptha to Stephen Hussey, the island in Gibb's
*Lands and Landowners p. 120.
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Pond between the house of James Cowkeeper and the house of John Dequaine.
June 5. 1677: Nickanoose to his two brothers, Heattohanen and Wohwaninwot all his lands and drift whales.
June 1678: At a General Court: Ordered that whereas at the last General Court holden at Nantucket June 5, 1677, certain of the iands unsold by the Indian sachems was to be partly occupied and partly put into the possession of sundry Indians in said order ex- pressed, and if said Indians with the sachems can come to no agree- ment therein, then Mr. Tristram Coffin, Mr. Thomas Macy, Mr. William Worth and Mr. John Coffin have full power and authority to view and lay out convenient tracts of land and deliver the same to the persons interested therein respectively according to said order.
Ordered-that Moosaquit shall have the like privilege of govern- ment within his precincts as the other sachems have in theirs yet so far as to be subject to the English government.
Dec. 1678: Wauwinnet to Edward Cartwright one-half an acre, near the Cartwright house.
June 24. 1678: George Nanahuma alias Cowpohanet to the Eng- lish all his interest in the west plains and to the Neck or long woods.
Dec. 28. 1678: Wat Noose to Edward Cartwright one-half acre of marsh.
Oct. 14, 1676: Wat Noose to Edward Cartwright one acre near the Run.
April 6. 1679: Wauwinnet to Edward Cartwright a piece of swampy land to the southward of Cartwright's house, lying in a straight line from John Swain's bridge to the corner of the ditch at Pompasson's land as may appear by the marks and from the said cor- ner of the ditch on a straight line to the run of water in the swamp to the northward.
1682. The sachems granted one acre of land to Richard Gard- ner "Where his stage now standeth at Sisickechar, at John Swain s stage."
1684: Jeptha and Wauwinnet, sachems ruling the east end of the Island, agreed with the English as to the bounds of the English lands, preliminary to the issuing of the Dongan patent. The bounds were as follows :*
Soosoah and Wauwinnet, Sachems, acknowledge that the Eng- lish owned as follows, and the acknowledgement was witnessed by John Gardner, William Worth, William Bunker, John Macy, Eleazer Folger, and Matthew Mayhew :
First: From the head of Wauquittaquage Pond or Mr. Star- buck's Pond, and from there by a pond to Monomoy or Mr. Macy's meadow: with all the woods to the westward of said Pond, and north, and then northward to the English's aforesaid.
Secondly: From the head or spring of Shawkimo and from thence by a straight line or by a path unto Shawkenes or the snake place all the lands to the northward and eastward to the river and to the English's.
*Lands and Land Owners p. 122.
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Thirdly: All the neck of land called Poncammooncoe, being bounded from the head of the creek at Poatpos or at Watt's bounds; and by a straight line to the bounds on the north side by the river as 'tis now bounded with all the land to the southward and westward.
Fourthly: All the neck of land called Coatuet being the north- east point of Nantucket and bounded on the south at the nearest distance from the sea unto the head of the great harbor and the great harbor on the west and south and the sea on the north and east and inclusively according to the bounds we Soawcoe and Wau- winnet do acknowledge to belong unto the English aforesaid except what dead whales shall be cast on shore, that to belong to the In- dians according to former custom.
Further we do acknowledge to one half of all the rest of the meadows on the Island to have been sold and do belong to the Eng- lish on any part of the Island belonging unto us as also further that there is liberty for the winter feeding on the whole Island for all sorts of cattle from the end of the Indian Harvest unto planting time on the first of May.
1687: Spotso sold to Stephen Hussey, a certain tract of land called by the Indians Aquidnose and is bounded by a hill all along from the head of the westernmost branch of the creek that go- eth in or towards Shimmo over to the shore which faces the harbor, and so down to low water mark, which said hill fronting the harbor cometh a little to the southward of a valley called by the Indians Cocyeania, having on said hills several holes dug from the head of said creek to the water side over the neck against the harbor. It contained 18 acres.
1687: Sasapana Will to Stephen Hussey-Land on the south side of the Run as you go through Pocomo toward Coatu called by the Indians Masquopeck at the water side or south of said creek, and goeth up said Creek to the cart path and so up to a swamp. 1560 acres.
May 1690: Spotso to the Town, a tract of land on the south by the sea on the west with land of Mosawquet, that is to say, from the middle of the south end of Weeweder Pond on a straight line to a pit in the ground about eight paces from the Town gate; on the north by the harbor except 20 acres of Coddude at Mamre. (This is a strip between the South Shore and the harbor south-east of the Town.)
Feb. 1692: Spotso to the Town-A tract the first bound at Mo- nomoy a hole 20 rods from the bank westward on the English line and from said hole on a straight line unto the well on Mana and from thence on a straight line to the west-ward side of Mattaquichame Pond to the sea, and on the east by Jeptha's bounds; on the south and north by the sea. This tract will be recognized as a section from the Harbor to the South Shore west of Saul's Hills.
Apr. 29. 1701: Henry Britten, Sachem, to the Inhabitants: a tract on the east by Myacomet Pond from the sea or beech to the wading place; from thence by a swamp lying north-easterly 80 poles to a ditch, and from thence to Mycomet bars, and from thence by the Town fence until you come to the English bounds near the Town
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