er know nor
comprehend them; and it cannot be expected that they should
live contentedly under oppressive regulations which they do
not understand. Should any new laws be passed, they ought to
be as simple as possible, and be distributed for the use of
the Indians.
By the Act of 1788, Ch. 38, Vol. 1 of Laws, page 342, new
provisions were made, the previous act of 1788, Ch. 2, being
found insufficient "to protect them and their property against
the arts and designs of those who may be disposed to take
advantage of their weakness." The wisdom of the whites, at
that time, invented the following provisions for that purpose:
SECTION 1. A Board of five Overseers was established,
(afterwards reduced to three,) two to be inhabitants of
Barnstable County, and three from an adjoining County. (Now
two are inhabitants of Barnstable and one of Plymouth County.)
These Overseers were vested with full power to regulate the
police of the plantation; to establish rules for managing
the affairs, interests and concerns of the Indians and
inhabitants. They may improve and lease the lands of the
Indians, and their _tenements_; regulate their streams, ponds
and fisheries; mete out lots for their particular improvement;
control and regulate absolutely, their bargains, contracts,
wages, and other dealings, take care of their poor, and bind
out their children to suitable persons.
The Overseers are directed to hold stated meetings, elect a
moderator, secretary and treasurer, and may appoint and
remove guardians over any of the Indians, to act under the
the Overseers, and to carry their regulations into effect, the
guardians to give bonds to the Overseers.
By section 2, the Overseers or the guardians they appoint have
power to demand and receive all property or wages owing to
said Proprietors or any of them, by any person, and may sue in
their own names for its recovery, or for any trespass, fraud
or injury done to their lands or them. They may settle all
accounts and controversies between the Indians or any white
person, for voyages or any services done by them, and may bind
the children of poor proprietors by indenture, to suitable
persons.
SECT. 3. No lease, covenant, bond or bargain, or contract in
writing, is of any validity unless approved by the Overseer or
guardian
|