Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1892-07-25
AUGUSTA. MAINE. MONDAY MORNING. JULY IS 1892


BosroS, July 2i.--The Globe says: Hon.
James A. Mct;eoagh Of Boston 10 counsel
in Boston for the Psssamaquosldy tribe of
Indians, which last Thursday psesenied to
the Governor and Council Of Massachusetts
the following interesting petition, which
Was referred TO the attorney -general;
To the Governor and Council of the Com
monweaith of Massachusetts Your petit
tioners, being all male members of the
Passamaquoddy tribe of Indians over 81
years of age, respectfully represent, that
We are, and have been since we can remem-
Der, residents of the reservation set apart
for Us under direction of the general court.
AMI have in all respects observed our treaty
obligation to the colonies aud to the state of
Massachusetts,. We further represent that
cur ancestors were not parties to the agree
ment of separation between Massachusetts
and Maine, but evidently acquiesced in IL,
in the belief that Maine would carry out the
agreement made with Massachusetts in the
act of separation, which was to perform all
the obligations of Massachusetts, tow ard our
tribe. whether the same should arise from
treaty or otherwise.
These privileges included the free right
to hunt and fish at all seasons, and for .
time Maine did observe the agreement, but
in 1868, for the first time, passed a statute
forbidding us to fish and hunt at certain
seasons of the year.
This clearly was q violation of their
agreement and great injustice to US, for
il took away. and still takes away, our chief
means of support for several months each
year. The Passamaqaoddy tribe has not
been so well treated us the Penobscot tribe,
L.. &r.1 "a =
did the Penobscots, as the documents show.
Members Of our tribe have suffered ar
rests. fines and imprisonments. until last
year we sought relief from the courts in
Maine. Relief WAS denied. not upon the
grounds that treaty rights did not exist, but
upon the ground that We were not tribe
Of Indians, nor practically the descendants
of tribe having claims by treaty.
This. we claim, is unsatisfactory for sew
eral reasons: First. our tribal relations
still continue; second, our tribal relations
are the same as they were before 1863, and
at date of separation in 1920; third, We
are, and always have been, recognized by
the Maine Legislature and so styled by it.
the Passamaqu0ddy tribe of Indians;
fourth. our location and manner Of life is
the same us when our forefathers fought
under Col. Allen for the Colonies IN the
struggles for independence fifth, the ease
is contrary to every case reported in the
books touching Indian rights by treaty, and
is without parallel in its reasoning rs to
our status in the world, for it neither recOg-
nizes US a tribe, nor comedies to us 4 citi-
zenship. while we claim we are AS much u
tribe as the CherOkees or Sioux, and enti-
tied under federal law to the same cOnsid
Grafton.
I'VE further represent that the State of
Maine, while pretending to be our guardian
and protector, refuses, through the Gov
ernor and Council, to further contest for
us our claim to hunt and fish.
"A case against two of our tribe is now
continued, awaiting sentence in the su-
preme judicial court of Maine, and there
is ample time to remove the case on writ of
error to the supreme court of the United
States, where it may BIZ settled fairly and
finally, as all matters of treaty should be-
in that court.
I'VE therefore ask. in view of what we
consider our rights as the benefciaries of
the trust reposed in Maine by the state you
represent, that you empower the attorney
general of Massachusetts, to take the neces-
sary steps to remove to and try the case in
the supreme court of the United States.
I'VE claim this as a matter of right be-
fore your honorable body and before the
world, in conformity with the agreement of
all civilized nations, when in early days
they took our land, but agreed that We
might live and retain all our natural rights.
We pray that our petition may be granted.