REPORT OF THE AGENT

OF THE

 

PENOBSCOT TRIBE OF INDIANS,

 

FOR THE YEAR

 

1880.

____________________________

AUGUSTA: SPRAGUE & SON, PRINTERS TO THE STATE 
1881.

 

 

                             

[blank page]

REPORT

To the Honorable Governor and Council of Maine:
In obedience to the law requiring the agent of the Penob-
scot tribe of Indians to submit an annual report, "with 
proper vouchers for the expenditure of moneys entrusted to
him for the benefit of said tribe," the following, with accom-
panying vouchers, is respectfully submitted:

APPROPRIATIONS

Chapter 187, page 164, Resolves, 1880.
Amount interest Indian Trust Fund....... $4,429.00
            annual annuity....................... 1,400.00
            agriculture............................. 700.00
            bounty on crops..................... 450.00
            schools.............................. 435.00
            repair of chapel...................... 50.00
            new school house.................. 450.00
            salary of agent....................... 200.00
                "     superintendent farming. 100.00
                      Governor of tribe.......... 50,00
                      Lieut. Governor of tribe.. 30.00
                      Priest......................... 100.00
_________
$8,394.70
 

Under existing laws the transactions detailed in these
annual reports cover the time from the first day of December
of one year to the  thirtieth day of  November of the succeed-
ing  year,  both  days  inclusive.  This  year,  however, from 
December 1, 1879  to  February 25, 1880,  the  date of  my
entering  upon  the  duties  of  the  agency,  its  affairs were

 

4                             PENOBSCOT INDIANS

administered by my predecessor. It not being my duty to
report his official transactions, I will simply state that his
expenditures during the time mentioned, and which appear
by the records to have been $1,674.97, related wholly to the
disbursements of the interest of the Indian Trust Fund, and
are charged against the foregoing appropriations.
The following statement of receipts and expenditures will
show the aggregate monetary transactions of the agency since
February 25, 1880:
                                RECEIPTS.
1880.
May,
State warrant..........................................
$3,250.00
Aug.,
    "        "     .............................................
1,000.00
Oct.,
    "        "     .............................................
1,850.00
Nov.,
    "        "     ............................................
569.73
_________
$6.669.73
From  F. Gilman rent 5 islands.............
15.00
W. H. Chesley, rent Brown islands......
16.00
J. Dougherty, grass sold.........................
1.00
old school house......................................
51.00
spring dividends not distributed...........
1.65
________
6,754.38
Amount in excess of annuity appropriation to balance
105.45
_______
$6,859.83

 EXPENDITURES.

For
Agriculture
$697.48
bounty on crops
283.20
goods for annuity
1,505.45
schools
 423.00
school house and lot
510.00
salary of agent
200.00
   "         superintendent farming
100.00
   "         priest
100.00
   "         Governor of tribe
 50.00
   "         Lieut. Governor of tribe
30.00
goods for spring dividend
 686.60
support of poor, aged, infirm and sick
1,342.03
medicine and medical attendance
 346.56
funeral expenses
 66.44
wood for tribe
442.56 
incidental expenses
76.51
_________
$6,859.83 


                                               AGENTS REPORT.                              5

     The foregoing statement does not include the distribution
of shore-rents of 1879, under special act, chapter 267, laws 
of 1873.
     The receipts from this source are:
1880, March. State warrant.................................    $2,154.00 
                                               Contra.
 
Paid members of tribe per schedule.......$2,060.00 
Balance to shore-rent fund, 1880..................94.00 
                                                          ________ $2,154.00

     The appropriation of $1,400 for the annual annuity was
found to be insufficient to meet the obligation of the State 
under the treaty, and upon representation of that fact to the 
Governor, authority was granted under Revised Statues, 
chapter 9, section 5, to exceed the appropriation to the extent 
shown in the foregoing statement, viz: $105.45.
     The legislature of 1879, with an intensity of purpose to 
reduce expenditures, place this appropriation at $1,400; 
it having been prior to that time $1,800.  But the report 
of the agent for that year shows an expenditure of $1,574.00, 
or an excess of $174.  The Legislature of 1880, evidently 
governed by the appropriations of the preceding year, 
granted the same amount.  I would respectfully suggest that 
this appropriation, being for the fulfilment of one of the 
treaty obligations, be such in amount, as will enable the agent 
to carry out its purposes in a spirit comporting with the 
character and dignity of the State.  The former generous 
appropriatious supplied the tribe under this provision of the 
treaty, with the best goods the market afforded; and to cast 
upon the agent the necessity of purchasing and distributing a 
lower grade of articles, not only subjects him to the imputa-
tion of unfair dealing, but creates dissatisfaction and distrust. 
The history of the agency shows, that with currency upon a 
normal basis, the expenditure for this purpose varies from 
$1,500 to $1,600 per year, according to the fluctuation of 
prices.  It is therefore submitted, that an appropriation 
should be adequate to cover any contingency as to market 
values.

6                                  PENOBSCOT INDIANS.

                                    REPAIRS OF CHAPEL.
     The last Legislature appropriated the sum of fifty dollars
for the repair of the chapel. This amount was granted upon 
the presumption that one hundred and fifty dollars granted 
the year before was to be added thereto, making in all two 
hundred dollars.  It appears however, that the $150.00 of 
the preceding year was absorbed in the general over-expend-
itures of that year, leaving only the $50.00, the last appropri-
ation, as the fund for repairs.  Under these circumstances I 
have not deemed it advisable to draw that appropriation, and 
it remains in the State treasury, the amount being entirely 
insufficient for the needed repairs.
     For several years, windows and window frames of a mod-
ern type, have been on hand, to take the place of the very 
ancient and contracted ones now in the chapel.  The audito-
rium needing to be replastered, it was thought advisable as a 
matter of economy, that it should be done at the same time of 
the substitution of the windows.  It was accordingly esti-
mated that two hundred dollars would be needed for the 
required work, hence the appropriations referred to.  A 
somewhat changed condition of things having more recently 
arisen, a new estimate seems to be necessary with reference to 
the repairs of this chapel.  Circumstances seem to have com-
bined to concentrate the tribe more at Oldtown than ever be-
fore.  Those who for years have resided away, have returned 
and resumed their residence with the tribe.  So that, with 
the large influx of the hitherto nomadic element, the chapel 
is too contracted for the large number who appear at worship. 
The construction of a recess at the rear of the building, allow-
ing the altar to recede, will give space for a few more rows 
of pews, and make the church sufficiently commodious.
     An appropriation for this work, in connection with the
plastering and substitution of the windows, is the desire of 
those interested, and I doubt not that whatever will tend to 
the moral development of the tribe, the State will, as hereto-
fore, generously encourage.

                                            AGENTS REPORT                                     7                                        

                                   Agriculture

     The agricultural operations of the tribe were not generally 
as successful the last season as usual, owing to the extreme 
drouth which seriously affected the arable lands of the tribe. 
The sandy alluvion, of which many of the islands is com-
posed, is not of the character to withstand a protracted drouth 
such as was experienced this year, and as a consequence the 
harvest was light.
     The potato crop, which is their main crop, also suffered 
severely from the ravages of the Colorado beetle.  The ab-
sence of the greater part of the tribe during the "open season," 
visiting the various summer resorts along the coast, for the 
purpose of vending their baskets and other articles of handi-
work, left their crops at the mercy of this pest, and they re-
turned to find them, in many instances, well nigh destroyed.
     The lack of fertilizers in sufficient quantities to keep up the 
productiveness of the soil is a great hindrance to an advance in 
agricultural pursuits.  Artificial manures which are furnished 
with the small amount of the appropriation, left for this pur-
pose after ploughing their lands and distributing seed, have 
only a temporary effect in stimulating the growth of products, 
and until they can be induced to keep stock and naturally re-
plenish theirr lands, their crops will be subject to uncertainties.
     There is quite a demand among the more advanced in the
theory of tillage, that portions of their lands may be ploughed 
in the fall.  The usual appropriation for farming purposes 
being barely sufficient to afford meagre aid to each one desir-
ing to cultivate a parcel of ground, there has seemed no way 
to reserve a sum sufficient for this purpose.  If one hundred 
dollars could be added to the usual appropriation to be used 
in this way, it would undoubtedly be an incentive to increased 
effort among them, and result in good.
     The compensation of the Superintendent of farming as es-
tablished by law, Resolves, 1867, chapter 96, is one hundred 
and fifty dollars per year.  No change has been made in the 
law establishing this amount, but there seems to have been a 

8                           PENOBSCOT INDIANS

failure to appropriate the sum required---one hundred dollars 
being the amount granted.  Doubtless this has arisen under 
a misapprehension of the requirements of law in this regard, 
and it is presumed the deficiency will be supplied upon atten-
tion being called thereto.

                                    Schools

     The schools for the year have been fully and satisfactorily 
taught,---those at Mattanawcook under the direction of the 
Superintending School Committee of Lincoln, and at Olamon 
under that of the Supervisor of Greenbush.
     The school on Oldtown island has continued another year
under the charge of Sister J.F. Borgia, of the Community 
of Sisters of Mercy, assisted by her associates.  This school 
deserves more than a passing notice.  With ready access to 
the hearts of their pupils, and with rare tact and skill  in im-
parting instruction, these accomplished teachers have suc-
ceeded in a wonderful degree in stimulating the mental 
activity of these children and youth.  The dulness and tor-
pidity of their mental organization, so generally characteristic 
of them, seem to have yielded in a very large degree to the 
quickening influences to which their intellects are subjected.  
To one familiar with their slow and indifferent progress 
of former years, their present advancement seems almost 
phenominal.
     The interest awakened in this school having over-crowded 
its accommodations, the last Legislature appropriated four 
hundred and fifty dollars for a new school house.
     Upon receiving estimates for the construction of a suitable 
building, it was found that the appropriation was inadequate 
to build a house of the dimensions and character required, 
but an opportunity being afforded to dispose of the old school 
house at a reasonable price, by supplementing the appropri-
ation with the proceeds derived from that source, a plain but 
commodious structure was erected, suitable for the wants of 
the school, and was completed in season for the convening of 
the school therein, after the summer vacation.

                                           AGENTS REPORT                                   9

                            Sisters of Mercy

     The Community of Sisters of Mercy, established on Old-
Oldtown island in 1878, by the Bishop of the Catholic diocese 
of Maine, reference to which has been made in reports of my 
predecessors, and to members of which allusion has just 
been made in connection with schools, is an institution which 
I wish most earnestly to commend.
     These refined and accomplished women, having taken up their 
abode with the tribe on this island, are, with that utter self-
abnegation which characterizes the Order, assiduously devot-
ing themselves to the moral and intellectual advancement of 
this remnant of a race which, while living in the midst of our 
civilization, is not of it.
     With the evidence of their devotion to the welfare of this 
people daily accumulating, as would be expected, a great re
gard is reciprocally manifested for them ; and no prejudice 
has been able to survive their ministry of love.  It may be 
premature to express any comparative view of their labors, 
yet the opinion is ventured, that upon the home-life of the 
tribe their influence will not the least potent, as they daily
go from house to house, instructing the females in domes-
ticity, economy in expenditures, refinement of manners and 
personal purity.
     A dormitory, neat, commodious and attractive, has this
year been completed on Oldtown island on a lot adjacent 
to the church, for the residence of these Sisters, at a cost 
of about twelve hundred dollars,---this amount having been 
raised by voluntary subscriptions,---and members of the tribe, 
I am told, haveing given nearly two-thirds of the whole 
amount.
     To Rev. M.C. O'Brian, recently the spiritual adviser and 
counsellor of the tribe,---now pastor of St. Mary's church, 
Bangor,---to whose unremitting efforts for the welfare of the 
tribe I bear cheerful testimony, more than to any other 
person, is due the location of this institution among the

10                           PENOBSCOT INDIANS

tribe, and the successful provision made for its permanent 
establishment.

                                  Census.

     The annual census of the tribe, as taken by the Superin-
tending School Committe of Oldtown, on the first Wednes-
day of January, 1880, shows their number to be four hundred
and eighteen ; the apparent reduction from the last enumer-
ation, (446), being occasioned by dropping from the roll 
quite a number who have for many years been absent and 
unheard of.

                                  Elections.

     The annual election of the tribe was held on Oldtown 
island the first Tuesday of October,---the day designated by 
law for that purpose.  Stephen Stanislaus was chosen Gov-
ernor, and Saul Neptune, Lieutenant Governor of the tribe. 
Joesph Nicolar was elected delegate to represent the tribe in 
the next legislature.
     The adoption of the system of biennial elections in the
State would seem to make some legislation necessary to ren-
der the elections of this tribe conformable to those of the 
State, especially as to delegate to the Legislature.  As the 
law now stands an annual election is required.   I would re-
spectfully suggest that the elections of the tribe, as to all the
offices to be filled, be made biennial ; that those chosen at the 
last election be permitted to hold their offices for two years ; 
and that the party who would have been entitled to the elec-
tion next year under chapter 103, Resolves of 1867, have the 
right of election in 1882, and the parties alternately thereaf-
ter, each biennial term.

                               AGENTS REPORT                               11

                                 Shores.

     The shores of islands belonging to the tribe, leases of 
which expired this year, were re-let on the twentieth day of 
April for a term of two years from the first day of January, 
1880.
     They are as follows:
Shore on west side of Orson island, from the Cook 
    to first bridge of B. & P. R. R. , to Charles M. 
    White: annual rental.......................................$37.00
Shore on west side same island, from the bridge
    aforesaid to the south line of the public farm, to
    same ; annual rental.......................................$51.00
Shore of Orono Island ; to Daniel Lunt, annual
    rental............................................................$70.00
                                                                      _______
           Total.....................................................$158.00
Payable to Treasurer of State, May 1, annually.

                                     Fuel.

     The necessity of supplying fuel to the sick and indigent
devolves wholly upon this agency. As an economic measure,
I would suggest that a wood-shed of fifty cords capacity be
erected on Oldtown Island, to be filled during each winter,
for distribution in the fall and early winter following, before
the river is sufficiently frozen to admit of crossing with teams.
As it now is, wood deposited upon the island in near prox-
imity to the village for such a purpose is liable to be carried
away and consumed before it can be used as intended, by
those who find it easier to help themselves from a public
woodpile, than to obtain fuel in a legitimate manner.

                                Land Titles.

     A matter of vital importance to the peace and prosperity
of this tribe, and one which should early engage the attention
of the State, is the subject of their land titles. The greatest
confusion now exists upon this subject, the result chiefly of

12                         PENOBSCOT INDIANS.

long continued misapprehension and abuse of the laws reg-
ulating the tenure of individual proprietorship, and an utter
lack of system in preserving evidence of titles. The law
upon which their titles are founded is contained in two acts,
viz : chapter 158 of the laws of 1835, and chapter 396 of the
laws of 1839, both of whicdh are incorporated in chapter 9 of
the Revised Statutes. The former of these acts relates to lots
assigned for agricultural purposes, and the latter to house
and garden lots on the point of Oldtown island ; and each
contains provisions peculiar to itself, so that the two classes
of property are subject in certain respects to different
regulations.
    The agricultural lands for example are inalienable. The
language of the statue is, "It shall not be in the power of
any Indian to sell his or her lot;" (see act of 1835, before
referred to,) while as to house and garden lots regulated by
the act of1839, the only restriction upon the power of sale
is that the sale shall be to some member of the tribe.
     The certificate prescribed in section 17, chapter 9, Revised
Statutes, (acts 1838, chapter 331,) is required in assigning
agricultural lands, while no written assignment by the agent
is requisite in case of house and garden lots. These are
believed to be the essential points of difference.
 -    Under a misapprehension of the scope of section 18, chap-
ter 9,Revised Statues, quite natural from the collocation of
terms, which grants authority to the agent to permit certain
acts concerning lands, it has long been the practice to grant
permission to Indians to sell their lots to one another. The
effect of such unauthorized conveyances has been to place
very many in occupation of lands to which they have no
authentic title. It may ve necessary to discuss just what
their status may be under the law, or to forecast any possible
peril to which they may be exposed. This fact is stated
simply as an illustration of the sources of confusion into
which their titles have come.


                                       AGENTS REPORT.                              13

     Attention is called to the elaborate opinion of the Supreme
Judicial Court upon this subject in the recent case, John vs.
Satattis, 69 Me. R., 473, in which these titles are defined, as
also is the quality of estate. The descendible quality which
is therein declared to be an attribute of these estates must
necessarily, under the restrictions as to sale, tend to still
greater confusion.
     Transfers having heretofore been freely permitted, though
in violation of law, evils from this source shich would other-
wise have arisen, have doubtless been avoided. Inalienable
lands, descending through successive generations, must
become a source of great contention, or worthless because of
the minute sub-divisions into which they must fall.
     It is to anticipate troubles already discernible upon the
horizon of the peace of the trive, and to urge that a remedy
be provided before they vexatiously arise, that I have made
this brief exhibit of the subject.
     The fact that no written assignment is required in the case
of house and garden lots, and that their titles are largely
possessory ; that no record has ever been provided by law or
kept of transfers of any of their lands of either class, leaves
the whole subject of titles fast drifting into the realm of
tradition. And it does not require prophetic vision to fore-
tell a storm of litigation, whenever a consciousness of the
actual state of things shall in any way be awakened in those
hostilely inclined.
     As to how this evil may best be reached, it will be the
province of those whose duty it is, to deal with the subject to
devise. Gut at the risk of seeming presumptions, I will ven-
ture to suggest, that a commission might be appointed to
examine all individual titles, and determine upon the broadest
equitable grounds the rights of occupants and claimants ; that
when so determined, the agent be authorized to issue a cer-
tificate of title to eaeh, whose rights have been thus estab-
lished, which certificate should be recorded at length, in a book
kept for that purpose in the agency ; that all transfers there-

14                           PENOBSCOT INDIANS

after should be likewise recorded, and also all changes in
title by herditary descent,so far as ascertainable, and that
such further legislation be had for the future management
of these lands as experience and the history of the subject
prove to be necessary.

                                      Health.

     During the year the tribe has been entirely free from con-
tagious or zymotic diseases, but there has been much sickness
among them, chiefly from congenital or constitutional dis-
orders,---the legitamate outcome of successive generations
living in utter of all principles upon which vital
force is preserved and perpetuated. The number of deaths
during the year has been sixteen. Among this number are
some of the oldest and widest known members of the trive.
Of these are Dr.Joseph Sockbesin, whose yearly, or oftener,
visitation to the Capitol with grievances unnumbered, made
his prsence familiar in all department of the State govern-
ment ; Peol "Sockis, formerly one of the most influential men
of the tribe, and its representative to the legislature for suc-
cessive terms ; and Dea. Newell Sockbesin.

                                  Conclusion.

     The year as a whole has been one of more than usual pros-
perity to the tribe. The revivla of business has brought
them constant and remunerative employment. The basket
trade has been active, and all, except the persistently indo-
lent, have reaped substatial benefits. As has already been
stated, the tribe is now largely concentrated at Oldtown. It
is found by those who have been accoustomed to wander, that
at no place can they do better than upon the reservation ; and
the great desire to place their children in the school, and as
well I doubt not, to avail themselves of the ministrations of
the Sisters of Mercy, seems to have attracted them even from
the upper islands where they have hitherto been located.

                                           AGENTS REPORT                                15

     Whether this last migratory phase will prove bene-
ficial is involved in doubt. It is not in my opinion, one to be
encouraged. Those who have resided upon the upper islands
have generally succeeded best, having less inducements to
idleness, and being removed from the demoralizing influence
of evil companionship.
                                            CHARLES A. BAILEY,
                                                        Agent Penobscot Indians.  

 

 

                                [next page unnumbered]

 

 

 

 

 

                         STATE OF MAINE.


                                               _______

                                                                                     In Council, December 23, 1880.

                     The usual number of copies ordered to be printed.
                                               Attest:              S.J., CHADBOURNE, Secretary of State.


END OF DOCUMENT


Back to Repository Index