"A treaty is an agreement between recognized sovereigns. The Mashpee community was subject to the laws of Massachusetts and to state jurisdiction and was not a sovereign entity legally capable of entering into treaty relations. The petition submitted by the "South Sea Indians" sought redress of wrongs asserting abuses by appointed overseers. The petition was directed back to the provincial governor to investigate the "South Sea Indians" claims. The law itself and the Mashpee's adherence to it indicate continued Massachusetts jurisdiction over the Mashpee.

Last, there is no historical record of such a purported treaty."

Get the Story:
James P. Lynch: Tribe's claim of treaty fails the test (The Cape Cod Times 1/30)

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