Year: 1877

RICHMOND, March 10, 1877.
To the Senate and House of Delegates:


At the request of the Pamunkey tribe OF
Indians their humble petition is herewith
transmitted to the General Assembly, and
its favorable consideration is respectfully
invoked. .....


The leading object of the petition is to
secure the establishment and support OF a
public frec-school in the midst OF the tribe
for the education OF their children, large
proportion OF whom consists OF destitute
orphans. AS the petitioners ask that this
privilege may be bestowed SO as not to i'm
pair the rights they claim as separate and
peculiar people the question arises, What
are their legal relations to the Common
wealth!


From time immemorial it aas been the
humane policy of the law to protect the
resident native Indians as distinct people,
as tributaries and not as incorporated
members of the body polite. From 1776
until 1880 the Constitution OF the State pro-
hibited all purchases OF land from the native
Indians except such as might be made on
behalf OF the public by authority OF the
General Assembly. An act which has been
reproduced in all the successive codes OF
the State, except the last, prohibits the sale
or devise Of any OF their lands to any other
person than one OF their own tribe or na-
tion. This act is believed to DE still in
force, and is supposed to have been omitted
by inadvertence from the Code OF 1873. But
most OF the ancient legislation intended to
guard the peculiar privileges and separate
existence Of this people has gradually faded
from the statute-books, until few traces re-
main by which their legal status can be re-
cognized and defined.


It is mistake to suppose that when the
present Constitution eniranchised the great
body Of the people, without regard to race
or color, it destroyed the distinctive charac-
ter Of the tributary Indians and merged
them as citizens into the body Of the Com
monwealth. Citizenship cannot thus be
thrust upon unwilling recipients. AS to
adults, it is boon to be formally and
solemnly accepted before its result
| ing obligations can be binding 80 as to
be enforced. Such members OF this race as
have not less than enc fourth OF Indian
blood are entitled under existing laws to
| hold the relation Of tributaries to the Com
monwealth. They still hold lands which
are inalienable except as among them
selves. They are exempt from taxation and
the other burthens and duties, while they
are debarred from many OF the rights and
privileges which belong to citizens OF the
State.


But the very helplessness and the depend
ent condition Of these people commend
them to the protection and the kindly con-
sideration OF the Government. They num-
ber less than two hundred souls. They are
inoffensive and peaceabIe. and they exhibit
many traces Of the primitive and nomadic
character Of their race. That they should
earnestly geek facilities for the education OF
their young is an encouraging and credit
| able fact in their favor.


It is possible that the Board Of Education
might now lawfully establish public school
among the petitioners; but without special
legislation to meet the case they reasonably
apprehend that the acceptance OF such bene-
emptions and their peculiar character as O
race, which they are unwilling to relin.
lauish.


respectfully recommend that the Board
of Education be specially authorized to
maintain public schools among the Pamun.
key and Mattaponi tribes of Indians. upon
condition that they become subject to the
payment OF all lawful school taxes, but
without forfeiting their exemption from
other taxatiou, and without impairing OF
altering their other relations as tributary
Indi2ns.


It is contrary to the present policy OF the
State that any portion OF the people resid.
/ ing within its limits should be debarred
from the means Of education or kept in ig.
norance. An element of popular iyno.
rance Is an element of disturbance and dan
ger. We cannot afford to deny the means
OF improvement to any who seek it. e.


JAMES L. KEMPER.