retion of the governor and
council.[7] Under this act three guardians were appointed and in 1814
the Indians became dissatisfied with their guardians, who resigned,
and the guardianship disappeared.

In 1828 there was enacted another measure providing that whenever the
Indians and people of color at Gay Head should by a vote in town
meeting accept that act and should transmit to the governor an
attested copy of the vote, the governor might then authorize the
guardian to take up his duties at Gay Head, and might upon their
request, appoint suitable persons to divide their lands. As the
Indians had unpleasant recollections of the guardian-system, they
never accepted that proposal. For about thirty years they were without
any guardians, and their affairs, except that of the public schools,
were left to themselves.

It appears, however, that the mere provision for the appointment of a
guardian was not the only objectionable feature of the Act of 1828.
The guardian was given power to "punish, by fine not exceeding twenty
dollars, or by solitary imprisonment not exceeding twenty days, any
trespasses, batteries, larcenies under five dollars, gross lewdness
and lascivious behavior, disorderly and riotous conduct, and for the
sale of spirituous liquors within the territory, or on the lands of
these Indians and people of color.[8] The guardian or other justice of
the peace might issue his warrant directed to the constable of the
Indians and people of color, or other proper officer, to arrest and
bring before him, any offender against the provisions of this act; and
after judgment, he might order execution to be done by said constable
or other proper officer; and if the guardian or other justice of the
peace should adjudge any offender to solitary imprisonment, such
offender should not, during the term of said imprisonment be visited
by, or allowed to speak with any person other than the jailer, or the
guardian or justice of the peace or such other person as the guardian
or justice of the peace should specially authorize thereto; nor should
such offender be allowed any food or drink other than coarse bread and
water, unless sickness should, in the opinion of a physician, render
other sustenance necessary,"[9] "With such a provision in the Act,"
said J. M. Earle, "making a discrimination so odious and unjust,
between themselves and other prisoners, the Indians would have been
greatly wanting in self-respect had they accepted it.