Page 7 - Swann Galleries - Printed & Manuscript Americana - Sale 2310 - April 16, 2013

1 ● (ALABAMA.) Abernathy, Macon. A University of Alabama cadet writes home
during the first month of the war. Autographed Letter Signed to father Miles W.
Abernathy of Jacksonville, AL. 2 pages, 8vo, on illustrated University of Alabama letterhead,
with two additional blank sheets of the letterhead; moderate dampstaining and a bit of
edge wear. With its engraved University of Alabama envelope, stamped and postmarked.
Tuscaloosa, AL, 15 May 1861 [300/400]
The University of Alabama was founded in 1831, and was converted to a military academy in
1860 under president Landon Garland. Cadet Macon Abernathy (1842-1862) soon enlisted
in the 10th Alabama Infantry, and was mortally wounded at the Battle of Glendale.
2 ● (AMERICAN INDIANS.) Report of a committee investigating Indian land
title in southeastern Massachusetts. Manuscript Document Signed by committee
members Samuel Gardner, William Gayer, John Walley, John Thacher, and John Otis, as
well as House speaker James Converse and Council secretary Isaac Addington. 2 pages, 12
x 71/2 inches, on one sheet, with docketing on final blank; early repair along fold of final
blank, moderate foxing and wear; all text complete and legible. In a 1/4 morocco folding
case. [Boston], 2 June 1703 [8,000/12,000]
An early document of the struggle of the Wampanoags and other tribes to maintain their land
in the face of English encroachment. The colonists used their court system to contest Indian
land transfers, claiming that these “deeds, pretended wills, and other writings” were not “drawn
up in form as is usual among the English.”
This committee was formed on 28 May 1703 by an act of the Massachusetts legislature, order-
ing them to “inspect & examine several deeds, writings & papers presented by sundry Indians
of Martha’s Vineyard.” Five days later, they presented this report, which states that “We have
discoursed the said Indians & perused their petitions, deeds & papers, & find that what is
desired is a confirmation of their lands to them according to the wills & grants of their deceased
sachems.” They add that as “said wills not haveing been proved in due form of law, nor drawn
up in form as is usual among the English,” the only recourse would be to have the appropriate
Indians and town representatives appear in court to discuss these deeds on a case-by-case basis,
once “the Indian wills & writeings yt are in ye Indian tongue be . . . faithfully translated.”
Their report is followed by a list of 6 specific cases: “Jonah Wassaman claims Nomans Land &
Squibnocket; the agents of ye Honbl. ye Earl of Limbrick to be notified” * “Mosiah Motaach
claims Gay Head Neck & Nassaquisset” * “Zachariah Peeskin claims Takemmy
Sachemship; the Town of Tisberry to be notified” * “Charles Ahaz, a mile of land about or in
Titticutt, the town of Bridgewater to be notified” * “Betty Sawsamon claims Assawampsit; the
town of Middleborough to be notified” (an area near Assawompset Pond, where her father was
killed, is still known as Betty’s Neck) * and “Four Sachems of Nantucket make a claim of
feed for cattle, the town of Shelbourn on Nantucket to be notyfied.”
The response of the Council is on the second page, requesting the committee to “examine the sd
deeds, pretended wills, and other writings, being duely render’d by some person or persons well
knowing in the Indian tongue.” Published in The Acts and Resolves, Public and Private, of the
Province of the Massachusetts Bay, 1922 edition, pages 724-5.
PRINTED & MANUSCRIPT AMERICANA
INCLUDING THE THEODORE ROOSEVELT
COLLECTION OF PETER SCANLAN
Public Auction Sale 2310 April 16, 2013 1:30 pm