sidents of the plantations,"[16]

Because of numerous complaints to the effect that the unnecessary
restrictions placed on Indians no longer dependents worked a hardship,
the Commonwealth of Massachusetts enacted in 1861 a measure providing
that all Indians and descendants of Indians in that State should be
placed on the same legal footing as other inhabitants of that
Commonwealth, excepting those who were supported or had been, in whole
or in part, by the State and excepting also those residing on the
Indian plantations of Chappequiddick, Christiantown, Gay Head,
Marshpee, Herring Pond, Fall River and Dudley tribes or those whose
homes were thereon and were only temporarily absent. It further
provided that any Indian or person of color, thus denied the right of
citizenship but desirous of exercising that privilege might certify
the same in writing to the clerk of his town or city, who should make
a record of the same and upon the payment of a poll tax should become
to all intents and purposes a citizen of the State, but such persons
should not return to the legal condition of an Indian. Indians unable
to avail themselves of this opportunity remained under a guardian in
their former state but by complying with this provision they finally
emerged from their tribal state into the large body of citizens.

Giving further consideration to the situation among the Indians, the
legislature of Massachusetts passed in 1869 what is known as _An Act
to Enfranchise the Indians of the Commonwealth_. By this measure
practically all Indians in that State were made citizens entitled to
all the rights, privileges, and immunities and subject to all the
duties and liabilities to which other citizens were entitled or
subject. The same provision was made in the acts of 1884, 1890, 1892
and 1893.[17] With a proviso exempting from attachment or seizure on
execution for a debt or liability existing before the passage of the
law this measure further declared all Indian lands "rightfully held by
any Indian in severalty and all such lands which had been or may be
set off to any Indian should be and become the property of such person
and his heirs in fee simple."[18]

The Indians thereby became vested not only with the rights of any
other citizen to sell or control his interest in property whether
legal or equitable but were given similar rights in the common lands
which were transferable. Prior to this legislation the common lands
had been expl