Indian Nullification of the Unconstitutional Laws of Massachusetts Relative to the Marshpee Tribe eBook

This eBook from the Gutenberg Project consists of approximately 186 pages of information about Indian Nullification of the Unconstitutional Laws of Massachusetts Relative to the Marshpee Tribe.

Indian Nullification of the Unconstitutional Laws of Massachusetts Relative to the Marshpee Tribe eBook

This eBook from the Gutenberg Project consists of approximately 186 pages of information about Indian Nullification of the Unconstitutional Laws of Massachusetts Relative to the Marshpee Tribe.
except a child or lineal descendant of some proprietor, and in no other way shall this right, as it is called, be acquired.  Other inhabitants are called members of the tribe.
The Overseers are to keep a record of names, or census, of all who are proprietors, and all who are residents or members of the tribe, a return of which is to be made to the Governor the last of December.
The Overseers, in addition to all former power, are invested with all the powers and duties of guardians of the Indians, whenever such office of guardian shall be vacant. [A very blind provision, by the way, which it may be as difficult for white men as for Indians to understand.]
Any person selling ardent spirits to an Indian, without a permit in writing from the Overseer, from some agent of theirs, or from a respectable physician, may be fined not more than fifty dollars, on conviction; and it shall be the duty of the Overseer to give information for prosecuting such offenders.
The Overseers may bind out to service, for three years at a time, any proprietor or member of the tribe, who in their judgment has become an habitual drunkard and idler, and they may apply his earnings to his own support, his family’s, or the proprietors generally, as they think proper.
All real estate acquired or purchased by the industry of the proprietors and members, (meaning of course without the limits of the plantation,) shall be their sole property and estate, and may be held or conveyed by deed, will, or otherwise.
If any Indian or other person shall cut or take away any wood, timber, or other property, on any lands belonging to the proprietors or members, which is not set off; or if any person not a proprietor or member, shall do the same on lands that have been set off, or commit any other trespass, they shall be fined not over $200, or imprisoned not over two years.  The Indians are declared competent witnesses to prove the trespass.  No Indian or other person is to cut wood without a permit in writing, signed by two Overseers, expressing the quantity to be cut, at what time and for what purpose; and the permit must be recorded in their proceedings before any wood or timber shall be cut.
[Of this provision, the Indians greatly complain, because it gives them no more privilege in cutting their own wood than a stranger has, and because under it, as they say, the Overseers oblige them to pay a dollar or more a cord for all the wood they are permitted to cut, which leaves them little or no profit, and compels the industrious to labour merely for the support of the idle, while the white men, who have their teams, vessels, &c. can buy their permits and cut down the wood of the plantation in great quantities, at much greater profit than the Indian can do, who has nothing but his axe, and must pay these white men a dollar
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Indian Nullification of the Unconstitutional Laws of Massachusetts Relative to the Marshpee Tribe from Project Gutenberg. Public domain.