The Herring Pond Wampanoag Tribe Officially Recognized by the Commonwealth of Massachusetts

Exec. Order No. 637 Recognizes the Herring Pond Wampanoag Tribe and its Tribal Council; Directs State Agencies to Deal Directly with the Herring Pond Wampanoag Tribal Council

(PLYMOUTH) — In a development which marks a new chapter in a long history, the Herring Pond Wampanoag Tribe were officially recognized by the Commonwealth of Massachusetts last month via an Executive Order signed by Governor Maura Healey.

By the terms of Executive Order No. 637, signed by Gov. Healey on November 19th, 2024, “the Herring Pond Wampanoag Tribe is recognized by the Commonwealth of Massachusetts and the Herring Pond Wampanoag Tribal Council is recognized as its governing body consistent with, and for all purposes under, Executive Order No. 126.”¹

In addition, the Executive Order states that “[a]ll executive branch agencies shall deal directly with the Herring Pond Wampanoag Tribal Council on all matters affecting the Herring Pond Wampanoag Tribe.”²

“As Chairwoman of the Herring Pond Wampanoag Tribe, I am deeply moved and extend our heartfelt gratitude to Governor Maura Healey for her steadfast support and commitment to the Wampanoag Nation and to all Indigenous Tribes of the Commonwealth of Massachusetts,” said Chairwoman Melissa (Harding) Ferretti in a statement. “This recognition not only reaffirms our rightful place in the history of this country, highlighting our integral role in its creation”; “it acknowledges the profound contributions of the Herring Pond Wampanoag Tribe and honors the legacy of our ancestors who came before us.”

(The Pondville Meetinghouse in Cedarville; photo credit — Ben Cronin.

On their website, the Herring Pond Wampanoag Tribe describe their “beloved Pondville Meetinghouse (Pondville Indian Church) located in Cedarville a small village at the Southern borders of Plymouth adjacent to Great Herring Pond. Built from an 1838 Petition by ‘John Conet and the Herring Pond Indians’ our Meetinghouse at that time was at the center of our tribal existence and is so today. Although the original 200-Acre Lot has been greatly diminished — against all odds, we still have care and custody of this building today. To us, these are the places of our ancestors, and we are obligated to protect and to preserve, for our ancestors before us, our children now and all of our descendants to come.”³)

In a statement, Gov. Healey said that “we celebrate the vibrant and enduring traditions, knowledge and strength of indigenous communities. The Herring Pond Wampanoag Tribe has been living in and contributing to our Massachusetts communities since long before the Mayflower’s arrival[.] Our administration deeply appreciates our strong ties with the indigenous tribes across our state, and this Executive Order gives Herring Pond Wampanoag the recognition they deserve.”

Congratulations came as well from the leadership of the Mashpee Wampanoag Tribe.

“Governor Healey and her administration continue to show up for the Wampanoag Nation in significant ways. We're thrilled for our cousins in the Herring Pond Tribe that the Commonwealth has officially recognized their ancestors' perseverance in remaining on ancestral lands,” said Brian Weeden, Chairman of the Mashpee Wampanoag Tribe, in a statement. “The benefits of a government-to-government relationship will extend to future generations of tribal citizens and the Herring Pond Tribe's ability to sustain a healthy relationship with the land and the water."

On its website, the Herring Pond Wampanoag Tribe describes its continual occupation of its lands from time immemorial.⁴

“For thousands of years the Herring Pond Wampanoag Tribe has continuously occupied this region. Of all the remaining ‘Historic Tribes’ in [the] Commonwealth of Massachusetts today the ‘Herring Pond Indians’ are the only Tribe to have had lands in the Town of Plymouth and Bourne allotted to us, and we have never ceded its ancestral rights to these homelands by treaty or sale.”⁵

Executive Order No. 637 noted that “since well before the arrival of the Mayflower, the Herring Pond Wampanoag Tribe has continuously inhabited lands within the borders of what is now Massachusetts, with ancestral homelands stretching from the Plymouth area to the upper reaches of Cape Cod;” and that “official records dating to the 17th century reflect the Herring Pond Wampanoag Tribe’s continuous status as a socially and culturally cohesive tribal community within Massachusetts.”⁶

Executive Order No. 637 also notes that further evidence of the continuing existence and communal integrity of the Herring Pond Wampanoag is provided by two 19th century documents, the 1849 Briggs Report and the 1861 Earle Report. The Briggs Report provides information, among other things, on the economic conditions of the Herring Pond Wampanoag Tribe in the middle of the 19th century: the report noted that the people of the tribe “live in comfortable houses,” and that “[t]heir [live]stock consists of 2 horses, 5 horned cattle, 6 swine, and about 100 Fowls.”⁷

The Earle Report provides direct evidence of the continuing self-government of the Herring Pond Tribe in the mid-19th century.

“The people at Herring Pond have no municipal organization. They are in the practice, however, of meeting together and consulting in relation to their affairs, much the same as if they were regularly organized. They make their wishes known to their treasurer [note: the treasurer derived authority from the government of the Commonwealth, and before that, the Royal Province of Massachusetts Bay, not from the Herring Pond Wampanoag Tribe themselves; similar systems were in place with respect to other indigenous tribes in Massachusetts in this period, as well], with whom they appear to have a good understanding, and between him and them, the confidence and satisfaction appear to be mutual,” the report states.⁸

Thus, the Earle Report is clear that while the Herring Pond Wampanoag did not have full legal self-government, they practiced it de facto.

The Executive Order further noted the longstanding nature of the Commonwealth’s relationship with Native people: “since its founding, the Commonwealth of Massachusetts has enjoyed a special relationship with the indigenous tribes of the region;” and that “for over three centuries, the Commonwealth has molded this relationship by Treaty and Agreement, Legislative Act and Executive Order, and has never ceased to recognize the special status of these indigenous tribes.”⁹

Chairwoman Ferretti, in response to written questions, told The Plymouth County Observer via email that “obtaining state recognition has indeed been part of a longstanding effort by the Herring Pond Wampanoag. The recognition reaffirms our thousands of years of existence and provides a formal and political relationship with the state government, enabling access to essential resources and opportunities for the welfare and prosperity of the tribe.”

She explained the ways in which the Executive Order bolstered the tribe’s authority.

“Executive Order 637 does enhance the Herring Pond Wampanoag Tribe's legal authority and sovereignty. By recognizing the Tribal Council as the governing body and directing state agencies to deal directly with the Tribal Council, the Order formalizes the Tribe's status and strengthens its ability to govern itself and interact with state entities. This recognition also allows the Tribe to establish a government-to-government relationship with the state, which is a significant step towards broader sovereignty,” Chairwoman Ferretti said.

She also said that “all of our efforts ultimately aim towards achieving the goal of federal recognition or should be.”

“Federal recognition is an essential step for any Tribe, as it would bring numerous benefits and opportunities. It provides official federal acknowledgment of our sovereignty, ensuring that our rights, lands and identity are formally respected and protected. This recognition allows us to access vital resources and support from the federal government, which can enhance our community's healthcare, education, and infrastructure. Additionally, it strengthens our ability to preserve our cultural heritage and traditions for future generations,” Chairwoman Ferretti noted.

“Federal recognition is not just a status; it's a pathway to a stronger, more empowered future for our Tribe,” she said.

(The Great Herring Pond, Plymouth and Bourne, Dec. 21st, 2024; credit — Ben Cronin.)

The Plymouth County Observer’s View

Considered in the grand sweep of history, the events of last month are momentous. They recognize at a legal — indeed, at a constitutional level — what has been real and manifest at a moral and practical level for many centuries: the ancient and continuing existence as a body politic of the Herring Pond Wampanoag Tribe. This recognition is a most welcome and genuinely hopeful development; it is a victory for fairness, for justice, and for the cause of a pluralistic democracy which has the wisdom and maturity to recognize — and to take actions to correct and to mitigate — the past.

It is, above all, a victory for the Herring Pond Wampanoag Tribe, and their continuing efforts to maintain and secure their sovereignty. Congratulations to all on this remarkable achievement.

1. The Herring Pond Wampanoag Tribe, “Our History”; https://www.herringpondtribe.org/our-history.

2. Executive Order No. 637, Sec. 1.

Executive Order No. 126, signed by Gov. Michael Dukakis on July 8th, 1976, among other things, states that “State agencies shall deal directly with the Mashpee Wampanoag Indian Tribal Council on matters affecting the Mashpee Tribe; with the Wampanoag Tribal council of Gay Head on matters affecting the Gay Head Wampanoag Tribe, with the commission on Indian Affairs on matters affecting Wampanoag Indians who are members of neither the Gay Head nor the Mashpee Tribes; and with the Hassanamisco Nipmuc Tribal council on matters affecting the Nipmuc Tribe.” EO No. 126, Sec. 1.

3. Exec. Order No. 637, Sec. 2

4. See Henry Campbell Black, Black’s Law Dictionary, 2nd Edition (St. Paul: West Publishing Company, 1910), “IMMEMORIAL,” p. 592. The date of time immemorial at common law ends with the accession of Richard I on July 6th, 1189. See Josh Eagle, On the Legal Life-History of Beaches, 2023 U. Ill. L. Rev. 225 (2023), p. 244.

5. The Herring Pond Wampanoag Tribe, “Our History”; https://www.herringpondtribe.org/our-history.

6. Exec. Order No. 637.

7. The Briggs Report, p. 39.

8. The Earle Report, p. 69

9. Executive Order No. 637.