oited by the State for the benefit of those Indians
having the status of wards. Recognizing only equitable rights of
ownership in the Indians, the commonwealth kept their property under
public guardianship to protect them from the consequences of their
own improvidence. Indians had the right immediately to have their
share of the common lands of the tribe transferred to them or sold for
their special benefit. They were granted also the right to have their
share in any funds or other property held in trust for the tribe
turned over to them.

The Indians of the Marshpee and Gay Head settlements, however, were
made exceptions in this case for the reason that the improvement in
their condition was not adequate to justify the extension to them of
the same treatment given others; but they were given these same rights
in 1870.[19] By the Act of 1870 the district of Marshpee was abolished
as such and incorporated as a town by that name. To establish the
claim to the rights and privileges guaranteed other Indians in the Act
of 1869, the Superior Court of the State was given jurisdiction and a
board of Selectmen was constituted as the authority for making such
applications instead of any member of a tribe.

It would seem that this legislation of 1869 and 1870 solved the
problem of the wardship of Indians and free persons of color on the
reservations. It developed thereafter, however, that all members of
these communities were not in a position to maintain themselves. In
1902, therefore, it was enacted that the State Board of Charity upon
the application of the overseers of the poor of any town should make
provision in the State hospital or elsewhere for the support of
Indians who may be unable to support themselves and have not acquired
a settlement in any town. Upon the application of an Indian who
received aid from the commonwealth prior to the twenty-third day of
July in the year 1869, the State Board was obligated to furnish him
in the State hospital or elsewhere such aid as it might consider
expedient.

The provisions in the law of 1870 for the sale of certain lands in the
proceeds of which these persons would share led to further action. In
1870 the probate court appointed commissioners to make partition of
the common lands of the Marshpee Indians referred to in the Act of
1869. These commissioners did not make their report until 1878. In
1870 there was presented to the Superior Court by the Selectmen of
Marshpee a peti