The
Mashpee Wampanoag Sole Surviving Signatory Tribe
To America's First Indian Titled Land
We know that we, the
Mashpee Wampanoag, have occupied the same region for over 12,000
years. But what many do not know today is that we are in a struggle
to maintain homelands that were placed in trust by the United States
of America Department of the Interior in 2015- some 400 years after
sustained European contact and settlement and the same number of
years of struggle to maintain our homelands. Also lost on most is
the level of irony in this situation- that while the Tribe struggles
to ensure that these lands are not taken out of trust -we, along
with 8 other sister tribes, paved the way for the formation of these
United States via treaties and Indian Land Title granted to the
Pilgrims on lands within the very same territory that is now being
stripped away. The lands of the Mashpee Wampanoag Reservation today
represent less than one half of one percent of our original territory-
a mere scrap of our original territory- and this reservation is
vital to the future sustainability of our tribal nation; a nation
central to the history of the United States.
The first treaty signed
in the new world assured the pilgrims from Scrooby, England a safe
place in which they could live and was granted by the Wampanoag[1]
in 1620 and again in 1621 and later in 1629. This grant of land
use, later sales, and the first treaty of mutual protection between
the two governments paved the way for what would eventually become
the Federal Government on land that would eventually become the
United States of America.
The Wampanoag Nation
originally comprised 69 separate tribes. The nation was a democracy
which had a muhsasôyut a.k.a. massasoit (great/high sachem
or chief) and each local community had a sôtyum (sachem (male
leader)) or sôkushq ((sonkshqâ)female leader). These
leaders represented their respective local tribes to foreign governments
and other indigenous nations and facilitated carrying out the wishes
of their citizens. Some of the local tribes were also considered
primary tribes whose leaders also had responsibilities to represent
smaller tribes within the territory.
The
traditional lands of the Wampanoag Nation are displayed below
in the shaded area.
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Wampanoag
Nation Tribal And Linguistic Territory About 1630
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The Tribes that signed
the treaty were those that controlled land within the proposed colony
of New Plymouth. While the Muhsasôyut 8sâmeeqan (oo-suh-mee-kwan)
was the Great Sachem of the Wampanoag Nation, he needed
the acquiescence and support of the primary chiefs within the region
to approve the treaty. The Mashpee Wampanoag (also called Saukatucketts
by the English of the day) were one of nine original signatories
to this first treaty as seen below.
Philip, or Metacom,
was the last chief of the Wampanoags, and grand sachem of the Pokonokets.
He succeeded his brother Alexander, or Wamsitta, and had his residence
at Mount Hope.
The smaller tribes
were:
- The Pocasset, located
in the territory of what is now Fall River and Tiverton. Their
sachem was Corbitant, who was succeeded by Waetamoro, a female,
the wife successively of Alexander and Petanuet. From the former
she derived her distinction as head of the tribe.
- The Seconnet. Their
seat was at Seconnet, now Little Compton, and they were ruled
by Awashunks, a female, who was married to Waweyet.
- The Namasket tribe
were near Middleborongh, the Assawampsit of that period. Their
sachem was Tispaquin, alias Tisquantum.
- The Nausetts occupied
what is now Eastham. Their sachem was Aspinett.
- TheMattachees were
on the present territory of Barnstable, and had, for sachem, Iyanongh.
- The Monamoits inhabited
the territory comprising the present town of Chatham. Their sachem
was Cocenaucum.
- The Saukatucketts
were around Marshpee.
- The Nobsquassetts
had their residence still lower on the Cape, and not far from
the present town of Yarmouth. The sachems of the two last-named
tribes are not known.[2] These nine tribes are understood to
be all who claimed any right to the soil in the territory east
of the Narragansett, and within the New Plymouth patent.[3]
The English signatories
to the New Plymouth Treaty were 40 individuals that also comprised
the Corporation established in 1620 by King James I. This instrument
was The Great Charter of Plymouth.
This Charter was granted
while the Pilgrims were at sea traveling from England to the homeland
of the Wampanoag.
The Charter states that
the land was granted in free and common soccage and not in
capite nor by knight-service, and upon a condition that the same
were not actually possessed or inhabited by any other Christian
prince or state, nor within the bounds of the southern colony heretofore
granted.It goes on further to, all questions and doubts
that might arise upon any difficulty of construction or interpretation
of any thing contained therein, the same should be taken and interpreted,
in the most ample and beneficial manner, for the said council and
their successors, and every member thereof.[4]
On the 9th of November,
the ship Mayflower landed on current day Cape Cod and formed their
compact for self-governance on the 10th.[5] Contained within the
Charter are the powers of making treaties with Indians on behalf
of the King.[6]
However, it was not until
January 13, 1629 that the settlers had any land beyond permission
of occupancy that had been granted by the Wampanoag Muhsasôyut
(Massasoit) who, at the time, was 8sameeqan (Yellow Feather).
The Council of Plymouth,
in the county of Devon, England surrendered its grant of New England
Patent to the Crown in 1635[7] While the 1629 Charter contained
the Indian titled grants of land from the Wampanoag to the Council
of Plymouth Colony, these land transactions remained unaffected
by the surrender of the Charter. And it is these same land transfers
made by Wampanoag Tribes including the Mashpee Wampanoag that would
be Acts of the Crown adopted by Massachusetts to form the State
of Massachusetts. The Mashpee Wampanoag Tribe is the last surviving
signor to the grant of Indian Title to establish Plymouth Colony.
[1] It must be noted
here that there has long been confusion between the terms Wampanoag
and Pokanocket and even today, a new group of people have called
themselves, the Pockanocket. The proper term is
in fact Wampanoag as there never was a single tribe known as
the Pokanocket. This is apparent in a number of
ways and very clearly stated in the Report of General Court
findings in a case between the State of Massachusetts and the
State of Rhode Island concerning boundaries at pg. 22 of the
Recommendation of Commissioners of the Court June 30, 1741 General
Court of the Province of Massachusetts. Here the report states
that there never was a particular tribe called Pokanocket.
This confusion arose for three reasons. The first being that,
as the report discusses, the English called the citizens of
the Wampanoag Nation, Pokanockets due to the then
Muhsasôyuts primary residence being at that time
in the region often called Pokanocket, a term that literally
means, Place of Cleared Land and the fact that these
Indians were citizens of his nation; Pockanoket was a region
encompassing several tribal villages in the Mount Hope area.
The report goes on to explain too that the term, Pokanocket,
referred to the confederacy formed among the nine signatory
tribes of the Wampanoag Nation to the original treaty with New
Plymouth. The third reason for confusion is the simple fact
that the English did not speak the language and would therefore
not understand that the term, Pokanocket, is descriptive
of a land feature-Place of Cleared Land-as opposed to a group
of people. The term Wampanoag, ideally spelled,
Wôpanâak, means Original People or Eastern
People and often called People of the First Light, making
reference to East.
[2] The sachem signing
for Mashpee was Sachem Qutyutasut. He, along with Sachem Wutumahkun,
assured deeds to lands were recorded for a large portion of
Mashpee territory as well as land transfers to the settlers.
See Massachusetts State Archives 32:278; 1861 Records of the
Colony of New Plymouth, in New England: Deeds &c.,1620-1651
BOOK OF INDIAN RECORDS FOR THEIR LANDS.
[3]April 1848 Senate
No. 128. Report to Massachusetts General Court
[4] November 3, 1620
Plymouth Colony Laws -1.
[5] November 10,
1620 Plymouth Colony Laws-19.
[6] Baylies History
of Plymouth Colony pg. 154
[7] Plymouth Colony
Laws 209
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