Between
the Passamaquoddy Tribe
and the Commonwealth of Massachusetts
RESOLVE on the report of Alexander
Campbell and others, a committee in behalf of this Commonwealth,
to negotiate and settle any misunderstanding or difference
with the Passamaquoddy Indians and those of the other
tribes connected with them.
February 10, 1795
Whereas, by a resolve of the
general court passed on the 26th day of June last, Alexander
Campbell, John Allan and George Stillman were appointed
a committee, in behalf of this Commonwealth, to negotiate
and settle any misunderstanding, dispute or difference
which may subsist between this Commonwealth and the
Passamaquoddy Indians and those of other tribes connected
with them, with full power and authority to lay out
and assign to the said Indians, any track of unlocated
land belonging to this Commonwealth, in the County of
Washington, not exceeding ten thousand acres, and also
to purchase any particular spot of ground or tract of
land for the use and convenience of said Indians, provided,
however, that such purchase shall not exceed the sum
of five hundred pounds.
And whereas, the said committee
have exhibited to the general court, in their present
session, an agreement made and signed on the
29th day of September last, by and between them in
behalf of this Commonwealth, and the chiefs of the
Passamaquoddy tribe of Indians and others
connected with them, which agreement is in the words
following, to wit:
To all people to whom this present agreement shall
be made known, we Alexander Campbell, John Allan and
George Stillman, Esquires, a committee appointed and
authorized by the general court of the Commonwealth
of Massachusetts, to treat with and assign certain
lands to the Passamaquoddy Indians and others connected
with them, agreeable to a resolve of said general
court, on the twenty-sixth of June, in the year of
our Lord, one thousand seven hundred and ninety-four,
of the one part, and the subscribing chiefs and others
for themselves, and in behalf of said Passamaquoddy
tribe and others, connected with them, of the other
part: witnesseth, that the said committee, in the
behalf of the Commonwealth aforesaid, and in consideration
of the said Indians relinquishing all their right,
title, interest, claim or demand, on any land or lands
lying and being within the said Commonwealth of Massachusetts;
and also engaging to be peaceable and quiet inhabitants
of said Commonwealth, without molesting any other
of the settlers of the Commonwealth aforesaid in any
way or means whatever: in consideration of all which,
the committee aforesaid for and in behalf of the Commonwealth
aforesaid, do hereby assign and set off to the aforesaid
Indians, the following tract or parcel of land lying
and being within the Commonwealth of Massachusetts,
viz:
all those islands lying and being in Schoodic
River, between the falls at the head of the tide,
and the falls below the forks of said river where
the north branch and west branch parts; being fifteen
in number, containing one hundred acres more or less:
also Township No. 2 in the first range surveyed by
Mr. Samuel Titcomb, in the year of our Lord, one thousand
seven hundred and ninety-four, containing about twenty-three
thousand acres more or less; being bounded as follows,
easterly by Tomer’s River and Township No. One
first range: northerly by Township No. Two second
Range: westerly by Township No. Three first range;
southerly by the west branch of Schoodic River and
Lake; and also Lire’s Island lying in front
of said township, containing ten acres more or less;
together with one hundred acres of land lying on Nemcass
Point adjoining the west side of said township; also
Pine Island lying to the westward of said Nemcass
Point, containing one hundred and fifty acres, more
or less; also assign and set off to John
Baptist Locote, a French gentleman, now settled amoung
the said Indians, one hundred acres of land, as a
settler in Township No. One first range, lying at
the falls at the carrying place on the north branch
of Schoodic River, to be entitled to have said land
laid out to him in the same manner as settlers in
new townships are entitled; also assign to
said Indians the privilege of fishing on both branches
of the river Schoodic without hinderance or molestation
and the privilege of passing the said river over the
different carrying places thereon; all which
islands, townships, tracts or parcels of land and
privileges being marked with a cross, thus X, on the
plan taken by Mr. Samuel Titcomb, with the reservation
of all pine trees fit for masts on said tract of land
to government; they making said Indians a reasonable
compensation therefor; also assign and set off to
said Indians ten acres of land more or less at Pleasant
Point, purchased by said committee in behalf of said
Commonwealth, of John Frost, being bounded as follows,
viz: beginning at a stake to eastward of the dwelling
house, and running north twenty-five degrees west
fifty-four rods; from thence running north fifty-six
degrees east thirty-eight rods to the bay; from thence
by the shore to the first bound; also a privilege
of setting down at the carrying place at West Quoddy
between the Bay of West Quoddy and the bay of Fundy,
to contain fifty acres. The said islands,
tracts of land and privileges to be confirmed by the
Commonwealth of Massachusetts to the said Indians
and their heirs forever. In testimony of
all which, we, the said Alexander Campbell, John Allan
and George Stillman, the committee aforesaid, and
in behalf of the Commonwealth aforesaid, and the chiefs
and other Indians aforesaid, in behalf of themselves
and those connected with them as aforesaid, have hereunto
set our hands and seals at Passamaquoddy, the twenty-ninth
day of September, in the year of our Lord one thousand
seven hundred and ninety-four.
Alex. Campbell.
J. Allan
George Stillman
Francis Joseph X Neptune
John X Neptune
Piel X Neptune
Joseph X Neptune
Piel X Denny
Jonale X Denny
Joseph X Thomas
Signed and sealed in presence of:
Samuel Titcomb,
Jno. Frost, Jun’r.
Be it therefore Resolved, That
the said agreement be and it is hereby ratified and
confirmed, on the part of the Commonwealth, and that
there be allowed and paid out of the treasury of this
Commonwealth, to the said committee, the sum of two
hundred pounds, being the consideration paid to the
above named John Frost, for a tract of land on Pleasant
Point, purchased by the said committee, ten acres of
which more or less, as in the before recited agreement,
is hereby appropriated for the accommodation of the
said Indians, said sum to be paid to the said committee,
on their depositing in the secretary’s office
a deed from the said John Frost, of the said tract of
land on Pleasant Point, duly executed and acknowledged:
and, whereas, there now remains for the disposition
of government, ninety acres more or less of the above
mentioned lot of land, on Pleasant Point.
Resolved, that the treasurer
of this Commonwealth be and he is hereby authorized
and empowered, to lease the said remaining ninety acres
for one year or for term of years, in such manner and
on such consideration, as he may judge will be most
for the advantage of the Commonwealth.
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