Following Queen Anne’s War, the "Eastern Tribes" signed a treaty with the British
at Portsmouth, NH on July 13, 1713. Representatives from the Mass Bay and New
Hampshire tribes agreed to cease hostilities against the King’s subjects in America
and never to conspi8re against them with another nation. The Indians also gave
up land, control of trade and personal freedoms.
The treaty printed below, requires that the signers apologize for the actions,
for breaking past treaties and for the "folly" of their actions while confessing
forgiveness. They are required to give up all rights to their ancestral lands
with the exception of a few places set aside for their use, and are banned from
even entering populated and commercial areas. The signers are required to admit
they, in turn, have been well treated by Europeans and take responsibility for
preventing all actions of all Indians against all whites for all time. At the
same time, they agree not to respond to any injuries inflicted on them by settlers,
but are required to take those grievances to an English court. All this is presented
in a rich and complex legal language to native tribes speaking a variety of dialects
over a wide geographical area in New England. – JDR
SOURCE: The document is part of the Levi Woodbury Papers at the Library of Congress.
Levi Woodbory was a prominent Portsmouth, NH lawyer.
The Portsmouth Indian Treaty of 1713
At Portsmouth, in Her Majesty's Province of New
Hampshire, in New England, the twelvth day
of July, in the thirteenth year of the Reign of our
Sovereign Lady Anne, by the Grace of God, of
Great Britain, France, and Ireland, Queen,
Defender of the Faith, &c.
Whereas for some years last past we have made a breach of our fidelity and loyalty
to the Crowns of Great Britain, and have made open rebellion against Her Majesty's
subjects, the English inhabitants in the Massachusetts, New Hampshire, and other
of her Majesty's territories in New England, and being now sensible of the myseries
which We and our people are reduced thereunto thereby, we whose names are here
subscribed, being delegates of all the Indians belonging to Norrigawake, Narrakamegock,
Amascontoog, Pigwocket, Penecook, and to all other Indian plantations situated
on the Rivers of St. Johns, Penobscot, Kenybeck, Amascogon, Saco, and Merimack,
and all other Indian plantations Iying between the said Rivers of St. Johns and
Merrimack, parts of Her Majesty's Provinces of the Massachusetts Bay and New Hampshire,
within Her Majesty's Sovereignty, having made application to his Excellency, Joseph
Dudley, Esq., Captain General and Governor in Chief in and over the said Provinces,
that the troubles which we have unhappily raised or occasioned against Her Majesty's
subjects, the English, and ourselves, may cease and have an end, and that we may
enjoy Her Majesty's grace and favor, and each of us respectively, for ourselves
and in the name and with the free consent of all the Indians belonging to the
several rivers and places aforesaid, and all other Indians within the said Provinces
of the Massachusetts Bay and New Hampshire, hereby acknowledging ourselves the
lawfull subjects of our Sovereign Lady, Queen Anne, and promising our hearty subjection
and obedience unto the Crown of Great Britain, doe solemnly covenant, promise,
and agree to and with the said Joseph Dudley, Esq., Governor, and all such as
shall hereafter be in the place of Captain, General and Governor in Chief of the
aforesaid Provinces or territories on Her Majesty's behalf, in manner following.
That is to say:
That at all times forever, from and after the date of these presents, we will
cease and forebear all acts of hostility toward all the subjects of the Crown
of Great Britain, and not to offer the least hurt or violence to them or any of
them in their persons or estates, but will honor, forward, hold, and maintain
a firm and constant amity and friendship with all the English, and will not entertain
any treasonable conspiracy with any other nation to their disturbance.
That Her Majesty's subjects, the English, shall and may peaceably and quietly
enter upon, improve, and forever enjoy, all and singular their rights of land
and former settlements, properties and possessions, within the eastern parts of
said Provinces of Massachusetts Bay and New Hampshire, together with all the islands,
islets, shoars, beaches, and fisheries within the same, without any molestation
or claims by us or any other Indians and be in no wais molested, interrupted,
or disturbed therein. Saving unto the said Indians their own grounds, and free
liberty for hunting, fishing, fowling, and all other their lawful liberties and
privileges, as on the eleventh day of August, in the year of our Lord God one
thousand six hundred and ninety-three.
That for mutual safety and benefit, all trade and commerce which hereafter may
be allowed betwixt the English and Indians shall be in such places and under such
management and regulations as shall be stated by Her Majesty's Governments of
the said provinces respectively. And to prevent mischiefs and inconveniences the
Indians shall not be allowed, for the present, and until they have liberty from
the respective Governments, to come near to any of English plantations or settlements
on this side of Saco River.
That if any controversy or difference at any time hereafter happen to arise betwixt
any of the English or Indians, for any real or supposed wrong or injury done on
the one side or the other, no private revenge shall be taken by the Indians for
the same, but proper application shall be made to Her Majesty's Government, upon
the place, for remedy thereof, in our course of justice, we hereby submitting
ourselves to be ruled and governed by Her Majesty's laws, and desire to have the
protection and benefit of same.
We confess that we have, contrary to all faith and justice, broken our articles
with Sir William Phipps, Governor, made in the year of our Lord God 1693, and
with the Earl of Bellomont, Governor, made in the year of our Lord God 1699, and
the assurance we gave to his Excellency, Joseph Dudley, Esq., Governor, in the
years of our Lord God 1702, in the month of August, and 1703, in the month of
July, notwithstanding we have been well treted by the said Governors. And we resolve
for the future not to be drawn into any perfidious treaty or correspondence, to
the hurt of any of the subjects of Her Majesty the Queen of Great Britain, and
if we know of any such we will seasonably reveal it to the English.
Wherefore, we whose names are hereunto subscribed, delegates for the several
tribes of the Indians, belonging unto the River of Kenybeck, Amarascogen, St.
Johns, Saco, Merrimac, and parts adjacent, being sensible of our great offence
and folly in not complying with the aforsaid submission and agreements, and also
of the sufferings and mischiefs that we have thereby exposed ourselves unto, do,
in humble and submissive manner, cast ourselves upon Her Majesty's mercy for the
pardon of our past rebellions, hostilities, and violations of our promises, praying
to be received unto Her Majesty's grace and protections. And for and on behalfe
of ourselves, and of all other the lndians belonging to the several rivers and
places aforesaid, within the sovereignty of Her Majesty of Great Britain, do again
acknowledge and profess our hearty and sinceer obedience unto the Crown of Great
Britain, and do solemnly renew, ratify, and confirm all and every of the articles
and agreements contained in the former and present submission.
This treaty to be humbly laid before Her Majesty, for her ratification and further
orders. In witness whereof, we, the delegates aforesaid, by name Kireberuit, Iteansis,
and Jackoit for Penobscot, Joseph and Eneas for St. Johns, Waracansit, Wedaranaquin,
and Bomoseen for Kennebeck, have hereunto set our hands and seals, the day and
year first above written.
(Frederic Kidder, "The Abenaki Indians, Their Treaties of 1713 and 1717 . . .
," Collections of the Maine Historical Society, 1st ser., 6 [1859]: 250-53.)
SEE THE PORTSMOUTH TREATY
Photos from the Levi Woodbury Collection at the Library of Congress in the American Memory web site.
