According to the first authentic census of Massachusetts, published in 1765, all of the counties of the State except Hampshire, Hampden, and Franklin had both a Negro and Indian population. Barnstable had 231 Negroes and 515 Indians; Berkshire had 88 Negroes and 221 Indians; Bristol, 287 Negroes and 106 Indians; Dukes, 46 Negroes and 313 Indians; Essex, 1070 Negroes and 8 Indians; Middlesex, 860 Negroes and 45 Indians; Nantucket, 44 Negroes and 227 Indians; Suffolk, 844 Negroes and 37 Indians; Worcester, 267 Negroes and 34 Indians, making a total of 4900 Negroes and 1697 Indians.135 After a careful survey of the Indian situation in 1861, however, it was discovered that only a part of these Indians had retained their peculiar characteristics and these had been finally reduced to a few reservations known as the following: Chappequiddick, Christiantown, Gay Head, Marshpee, Herring Pond, Natick, Punkapog, Fall River, Hassanamisco, and Dudley. There were other Indians at Yarmouth, Dartmouth, Tumpum, Deep Bottom, Middleborough, and a few scattered.136
The Indians were generally neglected for the reason that they were considered beyond the pale of Christianity, despite professions to the contrary. As a matter of fact, being wards of the State they were scantily provided for and their fundamental needs were generally neglected. They were offered few opportunities for mental, moral, or religious improvement for the reason that the missionary spirit which characterized Cotton Mather and John Eliot no longer existed. Only a small sum was raised or appropriated for their rudimentary education and with the exception of what could be done with the "Williams Fund" of Harvard College there was little effort made for their evangelization. Left thus to themselves, the Indians developed into a state within a state.
When, therefore, the Negroes became conscious of the wrongs they suffered in slavery, a few early learned to take refuge among the Indians and even after they were freed in Massachusetts their social proscription was such among the whites that some free people of color preferred the hard life among the Indians to the whiffs and scorns of race prejudice in the seats of Christian civilization. Coming into contact there with foreigners, who found it convenient to move among these morally weak people, the Negroes served as important factors in the melting pot in which the Indians were remade and introduced to American life as whites and blacks. Referring to the moral condition of the Fall River Indians, as a case in evidence, an investigator reported in 1861 that in two families there were twelve cases of bastardy and in one of them it was said that, of eight children, the paternity was apparently about equally divided among the Indian, Negro, and white races.137
The reports on the state of the Indians always disclosed the presence and the influence of Negroes among them. "Of the publishments of colored persons interested and the early records of Dartmouth," said J. M. Earle in 1861, "by far the larger proportion of those of them were Negro men to Indian women. In Yarmouth a large portion of those of Indian descent have intermarried with whites until their progeny has become white, their social relations are with those of that color and they are mingled with the general community having lost their identity as a distinct portion of the Hassanamiscoes and it would have been a fortunate thing for all if it had been so with them all. But the mixture in most of the tribes has been more with the Negro race than with the white until that blood probably predominates though there are still a considerable number who have the prominent characteristics of the Indians—the lank, glossy, black hair, the high cheek bones—the bright dark eye and other features peculiar to the race."138
Investigating the Indians of Gay Head in 1861, John M. Earle observed that the people of Gay Head, like those of other plantations, were a mixture of the red, white and black races. They had also "an infusion of the blood of the chivalry of the South as well as of the Portuguese and Dutch, as might be inferred from the names of Randolph, Madison, Corsa, Sylvia and Vanderhoop being found among them."139 The admixture was much like that on the other plantations with perhaps a less infusion of the African than in some of them. A few were so strongly marked with Indian characteristics as to lead one to conclude that they are very nearly of pure blood, but there were none so nearly white as in some of the other tribes.
It appeared that these people had lived without the law, so to speak, in Massachusetts because of their refusal to accept certain regulations which the State desired to impose upon them. By the act of June 25, 1811, the governor was authorized to appoint three persons to be guardians of the Indian, Mulatto and Negro proprietors of Gay Head, which guardians, in addition to the usual powers given to functionaries in such cases, were empowered to take into their possession the lands of Indians, and allot to the several Indians such part of the lands as should be sufficient for their improvement from time to time. The act further provided for the discontinuance or removal of the guardians at the discretion of the governor and council.140 Under this act three guardians were appointed and in 1814 the Indians became dissatisfied with their guardians, who resigned, and the guardianship disappeared.
In 1828 there was enacted another measure providing that whenever the Indians and people of color at Gay Head should by a vote in town meeting accept that act and should transmit to the governor an attested copy of the vote, the governor might then authorize the guardian to take up his duties at Gay Head, and might upon their request, appoint suitable persons to divide their lands. As the Indians had unpleasant recollections of the guardian-system, they never accepted that proposal. For about thirty years they were without any guardians, and their affairs, except that of the public schools, were left to themselves.
It appears, however, that the mere provision for the appointment of a guardian was not the only objectionable feature of the Act of 1828. The guardian was given power to "punish, by fine not exceeding twenty dollars, or by solitary imprisonment not exceeding twenty days, any trespasses, batteries, larcenies under five dollars, gross lewdness and lascivious behavior, disorderly and riotous conduct, and for the sale of spirituous liquors within the territory, or on the lands of these Indians and people of color.141 The guardian or other justice of the peace might issue his warrant directed to the constable of the Indians and people of color, or other proper officer, to arrest and bring before him, any offender against the provisions of this act; and after judgment, he might order execution to be done by said constable or other proper officer; and if the guardian or other justice of the peace should adjudge any offender to solitary imprisonment, such offender should not, during the term of said imprisonment be visited by, or allowed to speak with any person other than the jailer, or the guardian or justice of the peace or such other person as the guardian or justice of the peace should specially authorize thereto; nor should such offender be allowed any food or drink other than coarse bread and water, unless sickness should, in the opinion of a physician, render other sustenance necessary,"142 "With such a provision in the Act," said J. M. Earle, "making a discrimination so odious and unjust, between themselves and other prisoners, the Indians would have been greatly wanting in self-respect had they accepted it. It is a provision disgraceful to the statute book of the State, and discreditable to the civilization of the age. Yet two tribes, the Chappequiddick and the Christiantown, were made subject to the provisions of this law, without the power to accept or reject it, and are governed by it to this day"143 (1861).
The Marshpee tribe doubtless had a larger infusion of Negro blood than any. When the population of this tribe was 327 in 1771, 14 of them were Negroes, married to Indians. In 1832 there were 315 inhabitants, of whom 16 were Negroes. According to the report of the Indian commissioner in 1849 the population was 305 in 1848, of whom 26 were foreigners, all Negroes or mulattoes. The tribe numbered 403 in 1859, "including 32 foreigners, married to natives of the tribe, all Negroes or mulattoes, or various mixtures of Negro, Indian, or white blood—none of them being pure whites."144
The Punkapog Tribe of Indians formerly