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A JOURNAL OF THE PROCEEDINGS OF THE COMMISSIONERS

Appointed for Managing A Treaty of Peace: To be Begun and Held at Falmouth, in the County of York, the Twenty-seventh of September, Anno Domini One thousand seven hundred and forty-nine; BETWEEN Thomas Hutchinson, John Choate, Israel Williams, and James Otis, Esqrs; COMMISSIONED by the HONOURABLE SPENCER PHIPS, Esq Lieutenant-Governour and Commander in Chief, in and over His Majesty's Province of the Massachusetts-Bay in New-England, on the one Part; AND THE EASTERN INDIANS on the other Part.

BOSTON; NEW-ENGLAND: Printed by JOHN DRAPER, Printer to His Honour the Lieutenant-Governour and Council.

[Page 3]

A JOURNAL, &c.

September 29. 1749.

THE Commissioners being all arrived, were informed by Capt. Lithgow, Commander of Richmond Fort, That a Number of the Norridgowock Tribe were attending in order to the Treaty, and desired to pay their Re­spects to the Commissioners: Who appointed Ten o'Clock the next Morning for that Purpose. And Notice was given to Theodore Atkinson, and John Downing, Esqrs; commissioned by the Governour of New-Hampshire, desiring them to be present if they saw Cause.

September 30. 1749.

EIght of the Norridgowock Tribe ( Toxus the Chief being absent and indispos'd) appear'd at the Commissioners Lodgings, where the Salutations to and from the Commissioners of both Governments were pass'd in the usual Form. After which the Indians desir'd a Supply of Provisions, &c. which were accordingly or­dered them. They then were inform'd by the Commissioners, That as soon as the Penobscott Tribe should arrive, who were daily expected, they would proceed to the Treaty.

October 3. 1749.

THere being no News of the Penobscott Tribe, the Commissioners dispatch'd a Whale-Boat to St. George's Fort, with Letters to Capt. Bradbury the comman­ding Officer there, desiring him to let them know the Reason of the Indians Delay; and what his Expectations concerning them were.—Fourteen Men, Women and Children, of the Pigwacket Indians, who had lived among the English, in the County of Plymouth, during the War, and were sent down to be present at the Treaty, arrived this Day.

[Page 4]

October 4 th.

THe Norridgowock Indians desiring to speak to the Commissioners, express'd some Uneasiness at the Delay of the Treaty, and desir'd to know whether they might not be treated with separately, and so dismiss'd: But at length agreed to wait some Time longer, for the Arrival of the Penobscotts.

The Commissioners enquired of them, Whether there had been a general Meet­ing of all the Tribes of Indians, in order to propose a Peace, as the Delegates in­form'd his Excellency Governor Shirley at Boston. And they confirm'd the Ac­count given by the Delegates of such a general Meeting in Grand Council.

October 6 th.

THe Whale-Boat sent to St. Georges returned about Noon, with Letters from Capt. Jabez Bradbury, dated the 5th, advising, That two Messengers from the Indians came in that Day to inform him they would certainly be there in two Days, to embark for Falmouth.

October 8 th.

CApt. Thomas Bradbury came down from Saco Fort, with an Indian called Aisai­doo, who, with two Others, came into the Fort on the 6 th Instant, with a Flag of Truce. The other two declin'd coming to Falmouth to the Treaty. Aisai­doo inform'd the Commissioners, That he had been about [...]ty Days from Canada; That Pooran, Chief of the St. Francois, with three Others to represent that Tribe, came away before him, and he expected to have found them here. The Indians brought Letters directed to Capt. Dominicus Jordan from his Relations at Trois Ri­vicres, dated the 13 th and 15 th of September. 1749. Capt. Lithgow was sent in a Whaleboat to St. Georges with Letters, informing Capt. Bradbury, That the Norridgo­wocks grew impatient; and directing him immediately to send back the Sloop sent for the Penobscotts, unless he had a good Degree of Certainty, that a Number of the Chiefs would be ready to embark by Thursday: And to inform them, in case they should arrive afterwards, that the Commissioners apprehended it was not for the Honour of the Government to wait any longer, and that they would return to Boston, and make Report to his Honour the Lieutenant-Governour.

The Commissioners from the Governour of New-Hampshire, set out this Day for Portsmouth, having left an Instrument under their Hands, impowering and desiring the Commissioners of the Massachusetts to comprehend the Province of New-Hamp­shire in the Treaty: And Roland Cotton, Esq to sign the Articles in their Name and Behalf.

October 14 th.

THe Penobscott Indians arrived this Morning, with an English Captive, who was restored, agreable to a Promise made at Boston; and being brought to the Commissioners Lodgings, Mr. Hutchinson spoke to them in the Name of the Com­missioners, as follows, viz.

Commissioners.
[Page 5]

We are glad to see you safe arriv'd, and in Health. We have been waiting here above a Fortnight for you. Toxus, and a Number of the Norridgo­wock Tribe, and the Pigwackets from Boston, have also been here about the same Space of Time. We have been so long kept from home, that we design to return as soon as possible. We propose to have a Conference with you all in the Afternoon, and have notified the other Tribes of it. And if any Thing previous is to be said, you may now speak with Freedom.

Eger Emmet.

What made the Hindrance was Loron's writing a Letter to the Governour, discouraging our coming hither.

Commissi.

Did not you write you would come notwithstanding?

Eger Em.

Yes: Casimit wrote a good Letter, and we are come accordingly; and have now no more to say.

Then the Commissioners drank King GEORGE's Health to the Indians, which was pledged by all the Indians present.

Commissi.

Do you expect that the Captive William Mackfarland, shall be any longer with you.

Indians.

No, We have delivered him up.

Commissi.

He shall go Home with his Father, who is here present.

Indians.

We are content.

The Norridgowocks coming in, Mr. Hutchinson told them, That the Penobscotts were now arrived, and that the Treaty would begin at Three o'Clock: And if they had any Thing previous to Offer, they might also do it.

They were then told that they might all go on board the Massachusett's Sloop and Dine, where Provision should be ordered them.

They, making no Reply, were told, That the Reason of directing them to go on board was, that they might, if they pleas'd, consuit together before the Conference in the Afternoon: Which they then replyed was agreable to them. The Norridgo­wocks also drank King GEORGE's Health with the Commissioners, and then withdrew.

Post Meridiem.

THE Commissioners being seated in the Meeting-House, and the several Tribes of Indians being present; they were informed that an Oath would be now ad­ministred to Roland Cotton, Esq truly to enter all Matters that should pass at this Conference: And to Capt. Joseph Bean truly to interpret what should be said both by the English and Indians. Which Oaths were administred accordingly.

Then Mr. Hutchinson, in the Name of the Commissioners, spoke as follows, viz..

Commissi.

Sometime in the Month of June last Nine of your Brethren came up to Boston, and they made proposals of Peace in the Name of all the Tribes to Governour Shirley, in a Conference had with him. They also pro­pos'd a Meeting of their Tribes in this Part of the Province, to treat and agree [Page 6] upon the particular Articles or Terms of Peace; declaring they were not then fully authorized for that Purpose. The Governour promis'd to meet them by himself, or by his Commissioners at this Place the 27th of September last. Soon after this, His Excellency's Affairs obliged him to go to Great-Britain: And some Affairs of Con­sequence requiring the Presence of the Lieutenant-Governour at Boston, He has appointed Commissioners with as full Power as He would have had if He had been personally present.

We have been waiting here fourteen Days: The two Gentlemen from the Go­vernment of New-Hampshire waited here also some Time; but being obliged to return, they have impowered us to act in their Behalf; and have authorized Roland Cotton, Esq to Sign in their Name and in behalf of their Government, such Ar­ticles as we shall agree to.

Sundry Gentlemen of both Governments have been likewise waiting here some Time upon this Occasion, but were obliged to return Home.

The Norridgowocks have also waited as long as we have; but we have defer'd treating with them till the Penobscots should arrive.

We have now taken the first Opportunity to confer with you all together.

We have brought the Conference from Boston of June last; and hope you have brought what was delivered you.

We are pleas'd you have brought the Captive agreable to your Engagement.

We desire to know what Tribes you appear for, and how far your Power extends.

Toxus.

Pray hear what I am going to say.

I have thought of this Matter a great while, and am now come.

It has been foul Weather; I have stay'd till fair Weather.

Ever since Governour Dummer treated with us, all the Indians lik'd it well, and have reckon'd it well ever since.

But yet there has been a dark Cloud for a Time, and a great deal of Blood spilt: But now let us try to cover it over and forget it; and then when that is done, Love will encrease.

For my Part I am come here for Good. Time has been when your young Men terrified ours and ours have terrify'd yours: But now the Time will come when they may see one another without Fright.

Commissi.

We understand that you are the Chief of the Tribes; and that you are the proper Person to speak for them; and what you engage they will perform.

Toxus.

I am Chief, and they are all of my Mind.

Eger Emmet.

I went to Boston for Peace; and you now see me for the same End here.

There were three Indians retarded our coming here in Time, viz. Loron, Sabousit and Wombamando; who would break up any Thing that is doing for Good. Notwithstanding I am now come to propose what can be done in Peace; for God is willing that we should both English and Indians live in Peace. But Loron says, when there is a French War we must break again.

Commissi.

Your Tribe is numerous; and but Five here! Are you properly impowered to act for the whole Tribe? Are they acquainted with your coming?

Eger Emmet.
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Yes, We are to act for them all. We don't come here for Nothing.

Commissi.

When the Delegates were at Boston, they gave as one Reason why they could not finally agree upon a Treaty, because their young Men were not present; and they chose this Place that the young Men might be here.

How can you now agree without them?

Eger Emmet.

I was at Boston, and am now here to make Peace.

Commissi.

Are you any ways better impowered now to make Peace, than when you was at Boston?

Eger Emmet.

The King has made Peace, now therefore we will; and who shall contradict it?

Commissi.

The King's Subjects are bound by that. But how are you impowered?

Eger Emmet.

We can bind our People, if they are not drunk.

Commissi.

Can you bind and oblige the young Men of your Tribe as strong as if they were here present?

Eger Emmet.

Yes, They are obliged; and will stand by what We do.

Commissi.

When the Delegates were at Boston, they propos'd Governour Dum­mer's Treaty to act upon.

Eger Emmet.

Yes; and We now do so.

Commissi.

In that Treaty a Peace is to last as long as the Sun and Moon endur. Is it your Design and real Intention now to establish a Peace which shall last for­ever, notwithstanding what Loron says, or the French shall hereafter do?

Eger Emmet.

Yes.

Toxus.

For our Parts We shall not break it.

Commissi.

The English have never encouraged the Indians to make War with the French; but when the Indians, or their Ancestors have desired a Peace with the English, it was always readily granted: The English have always taken Measures to preserve and not to hurt them; but the French have always stir'd them up to War to their Destruction.

If a War should happen between the English and French, are you resolved to keep Peace with us? We don't know of any War, but only desire to know your Sen­timents.

Eger Emmet.

What you have said we will carry Home.

Commissi.

Have you no Power without going Home?

Eger Emmet.

You speak angrily.

Commissi. No, We only speak loud, as the Interpreter is hard of Hearing.

Toxus.

As to taking part with the French, I cannot now answer: We must consult upon it.

Commissi.
[Page 8]

When the Delegates were at Boston, they said they would consult their Tribes; and it is now expected they will Answer.

To-Morrow is the Lord's-Day, upon which we do no Business. Therefore we desire you will retire to the Island prepar'd for you, where proper Provision is or­dered you. We shall meet you again in this Place on Monday Morning next: And shall bring with us Governour Dummer's Treaty, & c. And before that Time We and You may both consider of what has been now said.

Eger Emmet & Toxus.

Very well.

They then drank King GEORGE's Health, and the Gentlemen's present; and withdrew.

October 15 th.

SIX of the St. Francois Indians came into Falmouth to attend the Treaty.

October 16 th.

THE Commissioners having notifyed the Indians, they were all present at the Meeting-House, when Mr. Hutchinson spake to them as follows, viz.

Commissi.

We are glad to see you well in Health this Morning: We hope you have wanted for nothing since you were here.

Indians.

Nothing at all: We have had every Thing.

Commissi.

It was agreed that both Sides should consider of what was said on Saturday. We were surprized to hear of some Things then offered on your Part relating to the Continuance of the Peace; The English never made any such Peace as that. It would be dishonourable for this Government, and no Service to you; and we can entertain no Tho't of it. You have always spoke well of Governour Dummer's Treaty; and the English have lik'd it well. There was a better Under­standing after that Treaty than ever before, and it lasted long; and the Indians then said it should last as long as the Sun and Moon endure. We have taken great Care of that Treaty. We have it with us now. * And the Delegates at Boston then propos'd this should be the Plan; And if you are of the same Mind now, we are ready to go over the Articles of that Treaty, and to come into a Peace agreable to that. We desire now to hear what you have to say.

Toxus.

You Gentlemen Commissioners: We have agreed to follow the Path of Governour Dummer's Treaty: We desire to turn all the Blood upon the Ground, under it; and that all may be forgotten.

Commissi.

Do you speak for your self or your Tribes?

Toxus.

We don't speak for our selves only, but for all the Tribes.

Commissi.

Is it the Mind of Eger Emmet and that Tribe to pursue the same Path?

Eger Emmet.

Yes; We are all of that Mind.

Toxus.

I will tell something. I know the Minds of the Canada Indians; one of them, being present, is an Evidence.

[Page 9] Upon the Cessation of Arms, the French and Indians were sent for, and went up to Canada, and discharg'd all the Guns which were loaded in the War; and the Governour then told them, that if they should shoot at any of the English, they had as good shoot against their own Brothers: The Governor of Albany sent Belts of Wampum to the several Tribes of Indians between there and Canada, and then the Path of Peace was open.

Commissi.

Desire the Indians to tell the Names of all that are present, that they may be inserted in the Treaty.

They then declared their Names as follows, viz.

Penobscotts;
  • Eger Emmet,
  • Maganumba,
  • Nictumbouit,
  • Esparagoosaret,
  • Neemoon.
Norridgowocks;
  • Toxus,
  • Eneas,
  • Magawombee,
  • Harrey,
  • Sooseph nia,
  • Naktoonos,
  • Nesaqumbuit,
  • Peereez,
Arresuguntcocooks and Weweenocks;
  • Sawwaramet,
  • Aussaado,
  • Waaununga,
  • Sauquish,
  • Wareedeon,
  • Wawawnunka.
Commissi.

We don't take the Names of the Pickwacket Indians, because they have not been at War with us; therefore the former Treaty holds good with respect [...]o them, as they have not broke it.

We will now read over Governour Dummer's Treaty; and it shall be distinctly interpreted to you: Which after it was shewn to them and the Marks of several present (who had sign'd that Treaty) acknowledged by them, it was read, and distinctly interpreted to them.

Commissi.

We will first offer what we have to say on the several Articles.—

Have you any Captives among you?

Indians.

We have one named John, who was taken near Berwick.

A Woman then appeared, and declared to the Commissioners it was her Son, taken with her: Upon which Mr. Hutchinson said,

Commissi.

Do you know this Woman?

Indians.

No.

Commissi.

Was the Mother taken and three Girls, and an Infant at the same Time?

Indians.

Yes; The Husband of the Woman was kill'd: The Girls are return'd Home.

Commissi.

Was the Boy the Brother of the Girls?

Indians.

They were all taken at the same Time. — There were two Boys; one died some Time ago.

Commissi.

How long since you have seen that living Boy?

Indians.

Twenty Days agone.

Commissi.
[Page 10]

Was this Boy the same you took at New-Casco?

Indians.

Yes it was.

Commissi.

This Woman brought one of her Sons home, the other died and yet you say one is left, which cannot be.

Indians.

We believe the Boy that was left was taken from Piseataqua.

Commissi.

It is expected, agreable to this Article, that this Boy be returned home.

Indians.

We would have had him come home last Spring, but he would not come.

Commissi.

We insist upon it, that if he is willing, or can be prevail'd upon to come, that you will return him.

Indians.

We will deliver him up.

Commiss.

If there should be any necessary Charge in bringing him down, we will allow or refund that Charge.

Indians.

It is very well.

Inquiry was also made after a young Man taken at Colerain, but no certain Account given.

Inquiry was then made after two young Men, one taken at or near Albany, the other at Goreham Town; but no Account of them.

Commiss.

We expect you deliver up all the Indian Captives taken, as much as if they were our own English People.

Indians.

There are two Indian Captives at Arreseguntoocook, and one at Moorena; who, tho' they are linked in with the Indians, must be returned when the Peace is settled. One of them named Caleb, the other Wabquish, the other in the Mountains; all take [...] at Annapolis.

Then Mr. Hutchinson informed the numerous Assembly present, that if any of them had any Friends of Relations in Captivity, they might repair to the Commissioners at their Lodgings, and all proper Care should be taken for recovering them from the Indians.

Commiss. to the Indians.

Do you know one Christo, an Indian about 24 Years of Age, that lived near Winnepesioket Pond, that was taken by the English some Time since.

Indians.

Yes, We know him.

Commiss.

That young Man has learned to read and write, and has a Trade, and would not come down with the Commissioners: However, if you will return the young Man before-mentioned, the Governour of Piscataqua will oblige Christo to return to the Indians again.

Indians.

Very well.

Commiss.

We now proceed to another Article. We propose to keep two Truck­Houses, one at St. George's, the other at Richmond.

Sayweremet.
[Page 11]

We desire there may be a Truck-House at Saco likewise.

Commiss. The Trade has been so small at Saco, that the Government suppos'd there would not be any Need of a Truck-House there, but that Richmond Truck-House, would accommodate any Indian that us'd to trade at Saco.

But if you don't think the two Truck-Houses will generally accommodate you, we will inform the Gover­nour of it.

Sayweremet.

We always thought there would be a Truck-House at Saco, agreable to Governour Dummer's Treaty.

Commiss.

How much further is it to Richmond than Saco, for the St. Francois Indians to carry their Beaver to?

Sayweremet.

We don't know. But it is a great Way, and who can carry Beaver such a long Way?

Commiss.

We have heard what you have said about a Truck-House at Saco, and will acquaint the Governour punctually with it when we return home.

We have but one Word more to say.

There was a Misunderstanding about the Trade in Governor Dummer's Treaty: We will have every Thing plain and clear now.

We are directed by the Government to assure you, That you shall have Goods as cheap as you shall be able to purchase them at the same Time in like Quantities at Boston with ready Money. And that we will give you as much for your Peltry as it can be bought for at Boston.

We are now ready to hear you upon any of the Articles.

Toxus.

We have nothing further to offer. We like all that has been said, only we hear that there is an Indian Boy at Richmond's Island, which we desire may be restored.

Commissi.

That Boy was given to Capt. Jordan before the War by his Father, who is since dead. However, we will enquire into the Circumstances, and give you an Account in the Afternoon.

Jo, a Pigwacket Indian.

That Boy was taken at Saco at the same Time we were.

Commissi.

We have provided a Dinner for you, and in the mean Time we will pre­pare the Articles of Peace, and desire to know whether it will be agreable to you to meet in order to sign them in the Afternoon.

Toxus.

We don't know of any Thing more to do to prevent it.

The Commissioners then drank King GEORGE's Health, which was pledged by the Indians.

In the Afternoon the Commissioners met the Indians in the Meeting-House.

Toxus.

We have now almost finish'd in Love and Unity. Time was in Governor Dummer's Day & Treaty, we made Peace in all Love & Unity. Why can't we do it now? [Page 12] We hope it will be so now, and that we shall live in Peace and Unity again. I wish all our Friends and Neighbours had been here, but since they are not, we will still do well. What we have been saying and doing, all our Tribes will like well. There are three of our young People that we shall be thankful to return to their native Land, viz. Oone [...]z, Mareuso, and Mareagit, at Plymouth.

Commissi.

We suppose these are Pigwacket Indians. We shall force none of that Tribe to remain among the English, but they shall all be returned home. There was in the Morning something said by one of the Pigwackets, as if they were forced away from Home. This is the first Time any such Thing has been publickly sugges­ted. Capt. Cutter brought them up, and declared they desired to come and live with the English; and when the Government ask'd them if it was so, they declared that it was so. Soon after the Treaty was appointed, the Government told them they might attend it if they would, and you now see them here with your own Eyes, at Liberty to return. And the Children were not kept back by the Government, but it was their own Choice, and they shall be sent down immediately.

Toxus.

As for the Boy at Canada, tho' he is not willing to come, yet we will take him out a Hunting and return him.

Commissi.

Where would you have the Children sent to?

Toxus.

To Brunswick.

Consmissi.

The Sloop goes to Richmond this Fall. Will it do to send the Children there.

Toxus.

Yes, very well.

Commissi.

We shall now read the Articles of the Peace, and they are to be interpre­ted to you. If you don't perfectly understand every Article, let us know it, and we will explain it.

We shall begin with the Articles of the Treaty you are to Sign; and then go on with those we are to Sign: Both which were read, Paragraph by Paragraph, and dis­tinctly interpreted to them.

Toxus.

I am grown Old, and Capt. Lithgow is very kind to me; therefore I desire he may be continued at Richmond, and that an Armourer may be appointed there.

Commissi.

We can't promise this; but we will recommend these Matters to the Government when we go home. Have you any Thing further to offer?

Toxus.

No.

Commissi.

Are you now ready to sign?

Indians.

Yes.

The Indians then signed their Articles, which are as follows, viz.

[Page 13]

Province of the Massachusetts-Bay in NEW-ENGLAND.
At Falmouth, in Casco-Bay, the sixteenth Day of October, in the twenty-third Year of the Reign of our Sovereign Lord GEORGE the Second, by the Grace of GOD, of Great-Britain, France, and Ireland, KING, Defender of the Faith, &c. in the Year of our Lord, 1749.
The Submission and Agreement of the Eastern Indians.

WHEREAS a War has for some Years past been made and carried on by the Indians of the Tribes of Penobscot, Norridgowock, St. Francois, and other Indians, inhabiting within His Majesty's Territories of New-England, against the Governments of the Massachusetts-Bay and New-H [...]pshire, contrary to several Treaties heretofore solemnly entred into: And the said Indians being now sensible of the Miseries and Troubles they have involved themselves in, and being de­sirous to be restured to His Majesty's Grace and Favour, and to live in Peace with all His Majesty's Subjects; and that all former Acts of Injury may be fogotten;

WE the Underwritten, being delegated and impowered to represent and act for and in behalf of the Indians aforesaid, have concluded to make, and do by these Presents in their Name make, our Submission unto His most Excellent Majesty GEORGE, the Second, by the Grace of GOD, of Great-Britain, France and Ireland, KING, Defender of the Faith, &c. in as full and ample a Manner as any of our Predecessors have heretofore done.

And, We do by these Presents engage with Thomas Hutchinson, John Choate Israel Williams and James Otis, Esqrs; commissioned by the Honourable SPENCER PHIPS, Esq as He is Lieutenant-Governour and Commander in Chief of the Pro­vince of the Massachusetts-Bay, and with the Governours or Commanders in Chief of said Province for the Time being,

That is to say;

IN the Name and Behalf of the Tribes and Indians aforesaid, We do promise and engage, THAT at all Times for ever, from and after the Date of these Presents, We and They will cease and forbear all Acts of Hostility, Injuries and Discords towards all the Subjects of the Crown of Great-Britain, and not offer the least Hurt, Violence or Molestation to them or any of them, in their Persons or Esttaes, but will henceforward hold and maintain, a firm and constant Amity with all the English, and will never Confederate or Combine with any other Nation to their Prejudice.

THAT all the Captives taken in this present War shall forthwith be restored, without any Ransom or Payment to be made for them or any of them.

THAT His Majesty's Subjects the English, shall and may peaceably and quietly enter upon, improve and enjoy all and singular their Rights of Land, and former Settlements, Properties and Possessions within the Eastern Parts of the said Province of the Massachusetts-Bay, together with all Islands, Islets, Shoars, Beaches and Fishery within the same, without any Molestation or Claims by us or any other Indians, and be in no ways interrupted or disturbed therein. Saving to the Tribes of Indians within His Majesty's Province aforesaid, and their natural Defendants [Page 14] respectively, all their Lands, Liberties and Properties, not by them conveyed or sold to or possessed by any of the English Subjects as aforesaid; as also the Priviledge of Fishery, Hunting and Fowling as formerly.

THAT all Trade and Commerce which hereafter may be allowed between the English and the Indians, shall be under such Management and Regulation as the Government of the Massachusetts Province shall direct.

IF any Controversy or Difference at any Time hereafter happen to arise between any of the English and Indians, for any real or supposed Wrong or Injury done on either Side, no private Revenge shall be taken for the same; but a proper Appli­cation shall be made to His Majesty's Government upon the Place for Remedy or Redress thereof in a due Course of Justice: We submitting our selves to be ruled and governed by His Majesty's Laws, and desiring to have the Benefit of the same.

WE do further engage, That if any Indians shall at any Time hereafter commit any Act of Hostility against the English, we will join our young Men with the English in reducing such Indians to Reason.

In the next Place, We the Underwritten do promise and engage with Theodore Athinson & John Downing, Esqrs; commissioned by His Excellency BENNING WENT­WORTH, Esq Governour & Commander in chief of His Majesty's Province of New-Hampshire, and with the Governours and Commanders in chief of said Province for the Time being: That we, and the Indians we represent and appear for, shall and will henceforth cease and forbear all Acts of Hostility, Injuries and Discords, towards all the Subjects of His Majesty KING GEORGE, within the said Province. And we do under­stand and take it, That the said Government of New-Hampshire is also included and comprehended in all and every the Articles aforegoing, excepting that respecting the Regulation of the Trade with us.

In Testimony whereof, we have signed these Presents, and affixed our Seals.
Arrasaguntacooks and Weewenocks,
  • Sawwaramet, & a Seal
  • Aussado, & a Seal
  • Waaununga, & a Seal
  • Sauquish, & a Seal
  • Wareedeen, & a Seal
  • Wawawnunka, & a Seal
Norridgowocks
  • Toxus, and a Seal
  • Eneas, and a Seal
  • Magawombee & a Seal
  • Harry, & a Seal
  • Sooseph nia, & a Seal
  • Naktoonos, & Seal
  • Nesagumbuit, & a Seal
  • Peereez, and a Seal
Penobscotts,
  • Eger Emmet, and a Seal
  • Maganumba, and a Seal
  • Nictumbouit, and a Seal
  • Es [...]aragoosaret, & a Seal
  • Nemooon, & a Seal
WITNESSES,
  • John Storer
  • Jabez Fox
  • William Welsteed
  • William Lithgow
  • Benjamin Titcomb
  • Nathaniel Coffin
  • Thomas Bradbury
  • Charles Frost
  • Samuel Moodey
  • Thomas Smith
  • Joseph Wise
  • George Berry
  • Samuel Cobb
  • Thomas Scales
  • Moses Pierson
  • Job Lewis
  • James Otis, jun.
  • William Cotton
  • Enoch Freeman
  • Joseph Bayley

[Page 15] The English then signed their Article, which are as follows, viz.

Province of the Massachusetts-Bay in NEW-ENGLAND.
By Thomas Hutchinson, John Choate, Israel Williams, and James Otis, Esqrs; commissioned by the Honourable SPENCER PHIPS, Esq Lieut­tenant Governour and Commander in chief of His Majesty's Province of the Massachusetts-Bay, for treating with the Indians engaged in the late War.

WHEREAS Eger Emmet, Maganumba, Nictumbuit, Esparagoosaret, and others, Delegates from the Penobscots; Toxus, Sachem and chief Sagamore of the Norridgowocks, with others; Sawweeremet, and others of the Arresagun­tacoock and Weewenock Tribes appearing for and representing the several Tribes of Indians inhabiting within His Majesty's Territories of New-England, have, in the Name and Behalf of the said Tribes, signed and executed an Instrument of Submission to His Majesty, bearing Date with these Presents, therein firmly promising and engaging for ever, to cease all Hostilities and Violences, and to live in Peace and Amity with all His Majesty's Subjects;

WE do therefore, by Virtue of the Commission aforesaid, receive and recom­mend the said Tribes to His Majesty's Grace and Favour. Promising them the Benefit and Protection of His Majesty's Laws, in like Manner as his English Subjects have and enjoy.

And we do further engage,

That all Acts of Hostility from this Government, against the said Tribes of Indi­ans shall cease, and that a firm and constant Friendship and Amity shall hereafter be maintained with them.

That upon the Indians delivering up all the English Prisoners, any Captives from the Indians that may be within this Government shall likewise be set at Liberty.

That the Indians shall peaceably enjoy all their Lands and Properties, which have not been by them conveyed and sold unto, or possessed by the English, and be in no Ways molested or disturbed in their Planting or Improvement. And further, That there shall be allowed them the free Liberty and Priviledge of hunting, fishing and fowling as formerly.

That Commerce and Trade shall be carried on between the English and Indians ac­cording to such Directions as shall be agreed on by His Majesty's Government of this Province.

That no private Revenge shall be taken by the English; but in Case any Person shall presume so to do, upon Complaint thereof, Justice shall be done the Person ag­grieved.

That if any other Tribes of Indians shall make War upon any of the Tribes now entered into the Peace: In such Case, Assistance shall be afforded them by the English, as shall be necessary.

In the next Place, It is hereby promised and engaged by Theodore A [...]kinson and John Downing, Esqrs; commissioned by his Excellency BENNING WENTWORTH, Esq [Page 16] Governour and Commander in Chief of His Majesty's Province of New-Hampshire, That the said Government shall be included and comprehended in, and bound to the Observance of all and every the Articles aforegoing, excepting that which respects the regulating the Trade.

In Testimony whereof, We have signed and sealed these Presents.
  • Thomas Hutchinson, & a Seal.
  • John Choate, & a Seal.
  • Israel Williams, & a Seal.
  • James Otis, & a Seal.
  • Roland Cotton, & a Seal,
In the Name and by Order of Theodore Atkinson and John Downing, Esqrs; Commissioners from the Governour of New-Hampshire.
WITNESSES,
  • John Storer,
  • Charles Frost,
  • Moses Pierson,
  • Jabez Fox,
  • Samuel Moodey,
  • Job Lewis,
  • Wm. Welst [...]ed,
  • Thomas Smith,
  • James Otis, jun.
  • Wm. Lithgow,
  • Joseph Wise,
  • Wm. Cotton
  • Benja. Titcomb,
  • Nath. Coffin,
  • George Berry,
  • Enoch Freeman,
  • Samuel Cobb,
  • Joseph Bayley,
  • Thomas Bradbury,
  • Thomas Scales.
Commissi.

Whose Hands do you chuse the Articles signed by us should be put into?

Indians.

Into the Hands of Toxus.

Commissi.

Now we have signed the Peace, all Enmity is taken away, and hencefor­ward we shall always salute and treat you as Brethren.

Toxus.

We are sensible that God directs in this Affair.

Commiss.

We are sensible of it likewise; and both we and you may justly expect that God will be greatly offended with those who break such solemn Promises and En­gagements.—If you have any Thing further to offer, now is the Time, as we shall not meet together again for a Conference.

Toxus.

We have said and done every Thing that is right and just, and have now finished.

Commiss.

We have a small Present from the Government which we were directed to deliver you as a Token of Friendship, after Peace should be settled with you; which we shall deliver you To-morrow in the Forenoon, and desire you to dine with us af­terwards. We have provided a Lodging for you in Town, that you may be here in the Morning.

Then the Commissioners drank to the Indians, King GEORGE's Health; also Health to all their Tribes, and a long Continuance of the Peace as now established: Which was pledged by Toxus and all the rest.

[Page 17]

October 17th. 1749.

THE Indians being notified to be present at the Commissioners Lodgings; The Present from the Government was delivered to them, and they were informed, That as it was the Custom of the Government, in their Conferences with the Indians [...]f the six Nations, to deliver them Belts of Wampum to bind such Agreements as were made with them, so these Presents were delivered in Lieu of Belts to the [...]ndians, who had executed the Articles of the Treaty, in order to bind and strengthen [...]he same, and as a Pledge of the Friendship which the Government now bore to them: At which the Indians expressed their Approbation.

The same Evening the Commissioners left Falmouth in order to return home.

Att r. Roland Cotton.
[Page]

By the HONOURABLE SPENCER PHIPS, Esq Lieutenant Governour and Commander in Chief, in and over His Majesty's Pro­vince of the Massachusetts-Bay in New-England.
A PROCLAMATION.

WHEREAS, at the Instance and Request of the Indians of the Penobscot, Norridgewalk, Arrasaguntacook, Wewenock, and other Tribes, inhabiting within His Majesty's Territories of New-England, who have lately been at War with this Government, signified by their Delegates to his Excellency William Shirley, Esq Captain General of the said Province, at Boston in the Month of June last, a Treaty was begun and held at Falmouth in Casco-Bay, upon the 14th of October Instant, between Commissioners by me appointed and impowered for that Purpose, and certain Chiefs and other Indians, for and in Behalf of the said Tribes; and upon the 16th following, Articles os Peace and Friendship between this Government and the said Indians were agreed upon, finally settled and concluded;

I HAVE therefore thought fit, with the Advice of His Majesty's Council, to issue this Proclamation, that all Persons within this Government may be duly in­formed of the Peace concluded as aforesaid.

And I do hereby strictly command and require all His Majesty's good Subjects to live in Peace and Amity with the Indians of the Penobscot, Norridgewalk, Arresagun­tacook and Wewenock Tribes, and the other Indian Tribes, within the Territories afore­said, who have lately been at War with this Government. And not to com [...] any Acts of Violence or Hostility against the said Indians, or give them any Trouble or Molestation; but on the contrary to afford them all necessary Comfort and Assistance, as Occasion may require; And His Majesty's Justices of the Peace, and all other Officers in such Places where the said Indians may resort, are hereby commanded to use their utmost Endeavours, that no Wrong or Injury be offer'd to the said Indians, and that the good Laws of this Province be strictly observed and maintained in all Dealings and Transactions with them.

S. PHIPS.
By Order of the Honourable the Lieut Governour, with the Advice of the Council.
J. Willard, Secr.

GOD save the KING.

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