Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1892-05-12
An Interesting Decision under Ancient
Indian Treaties.

Emery j. The defendant admittedly
killed two deer In this State contrary to
the form, letter and spirit of the statute
for the preservation OF deer and other
game animals. The only matter of fact
he interposes In defence is, that he Is an
Indian, one of the Passamaquoddy tribe, q
tribe living on and near Lewey's Island In
the eastern part Of the state.
Whatever the status Of the Indian tribes
In the west may be. all the Indians OF
whatever tribe, remaining in Massachu-
sets and Maine have always been re-
garded by those states and by the United
States, as bound by the laws Of the state
In which they live. DauxeH c. Hebqmsh
los, Mass, 1888. Murch e. Ieomer 81 Me.
$50. Their position is like that Of those
Cherokees who remained In North Caro-
lima 1t was said Of them by the T. s.
Supreme Court in Cherokee Trust Funds
III, L. S. 2ss. that they were inhabitants
of North Carolina and subject to its laws
Indeed. the defendant comedies that he
is bound by all the laws of the state ex-
cept those restricting the freedom Of
hunting and fishing. As TO these restrict
i've statutes. he contends they must give
way. as to him, before certain Indian
Treaties" named In the report of the case
He claims that these treaties are made BY
the fifth section of the Act Of Separation.
incorporated into our constitution, q
constitutional restraint upon the power of
the legislature, to limit the freedom of the
Passamsquoddy Indians in hunting and
fishing
The defendants counsel with much zeal
and industry has furnished us with many
and interesting papers concerning the
various treaties with the Indians Of Maine
and the east. The treaty of 1913. was
1.-The submission and agreement Of the
eastern Indians" to and with Gov. Dudley
at Portsmouth. 1t purported to be exc
cuted by delegates from AL the indian
plantations on the rivers of ST. John
Penobscot, kenybeck, Amascogon, Saco
and Merrimack-" The conference of l7l7
was simply a confirmation Of the same
treaty The treaty of l725 Was after the
French and Indian wars Of that period
and was between the Governors of Novs
Scotia. New Hampshire and Mas.schu
setts Bay on the one hand. and 1.-The sew
ersl tribes on the Penobscot, Norridge
nhn Cab nd ,th
tribes inhabiting within New England
and Nova Scotia" on the other hand. Thi
treaty was further confirmed in 1927. Ii
| l749 after another Indian war, commits
sioners from Gov. Phipps made a treat
Of peace with 1.-The Indians Of the tribe
of Penobscot, Norridgewock. ST. Francoi
and other Indians inhsbiting within hi
msjesty's territory of New England" Tn
conference in 1852, was only conflrma
ton of the treaty Of I749. What is calie
in the report, "the treaty Of $780, az
pears to be $50 far as any papers or cits
tions are furnished u.s. simply letter o
thanks and kind assurances from Gov
Bowdoin to the different tribes of Indian
under Col. Jonn Allan" 1t contains u
mention Of hunting and fishing.
We do not find that the Federal govern
ment ever by statute or treaty recognize
these Indians As being a political con
munity, or an Indian Tribe within tn
meaning Of the Federal constitution. Th
defendants counsel calls our attention t
the mission of Col. John Allan as a
envov from the Continental Congress t
these Indians. Col Allan was appointe
BY Congress in l777. Agent for India
Affairs In the Eastern Department." an
held that Office till 1884. He was instruct
ed to visit 1.-The tribes Of Indians, inhab
tants of st. John and Nova Scotia" an
by threats. persuasioDs and arguments O
various kinds, to endeavor to convinc
them it would be for their interest not
take part against the United States in tn
war then raging. He made his head
quarters at Machias and assumed q ger
eral supervision and quastcontrol owe
the various tribes of Indians from the s.
John to the Penobscot. Many of his lei
ters have been preserved BY the Indisnl
and by them submitted to the court. The
are full of kindly assurances of protection
including hunting and fishing. but 1t car
not be seriously claimed that they amour
to . treaty between two political COZ
muuities however savage one of them ma
have been.
| In the treaties Of l7l3. l725, and l74s
the contracting Indians reserved to then
selves, land their natural descendants n
spectIveIy, the privilege Of fishing. huntin
and fowling as formerly" These treatie
were made by the crown with actual pc
litical communities, which had an intern'
government, however rude, and an extern'
responsibility, however unsatisfactor!
which could wage war and make peac'
But whatever may have been the origin
force and obligation of these treaties, the
are now fanctxs o6ieio. One party to then
the Indians, have wholly lost their poll
ical organization and their political exis
ence. There has been no continuity
succession of political life and powe
rhere il no mention in the treati'
of a tribe called "Passamaquoddy." q