For about two hundred years, the laws have prohibited Indians from selling their lands to whites, within this Commonwealth. This restriction, designed originally to protect the natives against fraud, has, upon the whole, had an unfavorable effect upon their happiness. If they had been at liberty to dispose of their land and depart with the proceeds, or even without the proceeds, to seek some new location, they would in all probability have been happier. Nor have these prohibitory laws had even the poor effect to protect them from the rapacity of their white neighbors. These have contrived to clip the corners of those simple people, and to get hold of their pleasant and fertile vallies in a very surprising manner, considering the strictness of the law.
But the great ground of complaint is, that no native Indian, or descendant, is allowed by us to be a man, or to make himself a man, whatever may be his disposition and capacity. They are all kept in a state of vassalage, under officers, appointed sometimes by the Governor, and sometimes by the Legislature. The spot of his own ground, which he may cultivate, is annually rented out to the Indian by an overseer; and provisions are doled out to the tribe according to the discretion of "Guardians,” “Trustees," &c. Their accounts are presented to the Governor and Council, who allow, and the Treasurer of the Commonwealth pays them as a matter of course. I dare not say whether those accounts are in all cases correct, or not. If they are, we ought to be thankful to the honesty of the Trustees, &c. not to the wisdom of the Legislature in providing checks upon fraud.
But the effect upon the Indians is the great question. This is decidedly bad. They are treated more like dogs than men. A state of tutelage, extending from the cradle to the grave; a state of utter dependence, breaks down every manly attribute, and makes of human creatures, designed to walk erect, creeping things.
But there is another very great evil, if I am rightly informed, which calls loudly for the interposition of the Legislature. The Marshpee and other Indian communities in this State, are not included within the jurisdiction of any incorporated town. The consequence is, that they are without police, except what the Trustees and other officers appointed by them, exercise. These officers never live among them; and the consequence is, that the Indian grounds are so many Alsatias, where the vagrant, the dissipated, and the felonious do congregate. Nor is this the fault of the native. It is the fault of their State; which, while it has demolished Indian customs, has set up no regular administration of municipal laws in their stead. Thus I am informed, that at Gayhead, spirituous liquors are retailed without license, and that it is considered that there is no power which can reach the abuse. There are many industrious and