initial commit of ebook 12486HEADmain

8 files changed, 17534 insertions, 0 deletions

diff --git a/.gitattributes b/.gitattributes
new file mode 100644
index 0000000..6833f05
--- /dev/null
+++ b/.gitattributes
@@ -0,0 +1,3 @@
+* text=auto
+*.txt text
+*.md text
diff --git a/12486-0.txt b/12486-0.txt
new file mode 100644
index 0000000..1bef944
--- /dev/null
+++ b/12486-0.txt
@@ -0,0 +1,5556 @@
+*** START OF THE PROJECT GUTENBERG EBOOK 12486 ***
+
+[Illustration: MANNER OF INSTRUCTING THE INDIANS.]
+
+INDIAN NULLIFICATION OF THE UNCONSTITUTIONAL LAWS OF MASSACHUSETTS.
+RELATIVE TO THE MARSHPEE TRIBE: OR,
+THE PRETENDED RIOT EXPLAINED,
+
+
+BY WILLIAM APES, AN INDIAN AND PREACHER OF THE GOSPEL
+
+1835.
+
+
+
+
+Entered according to Act of Congress, in the year one thousand eight
+hundred and thirty-five, by WILLIAM APES, in the Clerk's Office of the
+District Court of Massachusetts.
+
+
+
+
+TO THE WHITE PEOPLE OF MASSACHUSETTS
+
+       *       *       *       *       *
+
+The red children of the soil of America address themselves to the
+descendants of the pale men who came across the big waters to seek
+among them a refuge from tyranny and persecution.
+
+We say to each and every one of you that the Great Spirit who is the
+friend of the Indian as well as of the white man, has raised up among
+you a brother of our own and has sent him to us that he might show us
+all the secret contrivances of the pale faces to deceive and defraud
+us. For this, many of our white brethren hate him, and revile him, and
+say all manner of evil of him; falsely calling him an impostor. Know,
+all men, that our brother APES is not such a man as they say. White
+men are the only persons who have imposed on us, and we say that we
+love our red brother, the Rev. WILLIAM APES, who preaches to us, and
+have all the confidence in him that we can put in any man, knowing him
+to be a devout Christian, of sound mind, of firm purpose, and worthy
+to be trusted by reason of his truth. We have never seen any reason to
+think otherwise.
+
+We send this forth to the world in love and friendship with all
+men, and especially with our brother APES, for whose benefit it is
+intended.
+
+Signed by the three Selectmen of the Marshpee Tribe, at the Council
+House, in Marshpee.
+
+ISRAEL AMOS, ISAAC COOMBS, EZRA ATTAQUIN.
+
+_March_, 19, 1835.
+
+
+
+
+BOSTON, OCTOBER 2, 1834,
+
+_To whom it may concern_.
+
+The undersigned was a native of the County of Barnstable, and was
+brought up near the Marshpee Indiana. He always regarded them as a
+people grievously oppressed by the whites, and borne down by laws
+which made them poor and enriched other men upon their property. In
+fact the Marshpee Indians, to whom our laws have denied all rights of
+property, have a higher title to their lands than the whites have, for
+our forefathers claimed the soil of this State by the _consent of the
+Indians_, whose title they thus admitted was better than their own.
+
+For a long time the Indians had been disaffected, but no one was
+energetic enough among them to combine them in taking measures for
+their rights. Every time they had petitioned the Legislature, the
+laws, by the management of the interested whites, had been made more
+severe against them. DANIEL AMOS, I believe, was the first one among
+them, who conceived the plan of freeing his tribe from slavery.
+WILLIAM APES, an Indian preacher, of the Pequod tribe, regularly
+ordained as a minister, came among these Indians, to preach. They
+invited him to assist them in getting their liberty. He had the talent
+they most stood in need of. He accordingly went forward, and the
+Indians declared that no man should take their wood off their
+plantation. APES and a number of other Indians quietly unloaded a load
+of wood, which a Mr. SAMPSON was carting off. For this, he and some
+others were indicted for a riot, upon grounds extremely doubtful in
+law, to say the least. Every person on the jury, who said he thought
+the Indians ought to have their liberty, was set aside. The three
+Indians were convicted, and APES was imprisoned thirty days.
+
+It was in this stage of the business, after the conviction, that I
+became the counsel of the Indians, and carried their claims to the
+Legislature, where they finally prevailed.
+
+The persons concerned in the riot, as it was called, and imprisoned
+for it, I think were as justifiable in what they did, as our fathers
+were, who threw the tea overboard; and to the energetic movements of
+WILLIAM APES, DANIEL AMOS and others, it was owing that an impression
+was made on the Legislature, which induced them to do partial justice
+toward this long oppressed race. The imprisonment of those men, in
+such a cause, I consider an honour to them, and no disgrace; no more
+than the confinement of our fathers, in the Jersey prison-ship.
+
+BENJAMIN F. HALLETT,
+
+_Counsel for the Marshpee Indian_.
+
+
+
+
+INTRODUCTION.
+
+       *       *       *       *       *
+
+The writer hopes that the public will give him credit for an intention
+to adhere rigidly to the truth, in presenting his views of the late
+difficulties of the Marshpee Tribe, as it is as much his wish as his
+intention to do justice to all his brethren, without distinction of
+colour. Yet he is sensible that he cannot write truly on this subject
+without attracting the worst wishes of those who are enemies to
+liberty, or would reserve it exclusively to themselves. Could he speak
+without incurring such enmity, he would be most happy to do so; but he
+is fully aware that he cannot even touch this matter without exposing
+himself to certain calumny. This has been his portion whenever he has
+attempted to plead the cause of his ignorant and ever-oppressed red
+brethren. Nevertheless, he will endeavour to speak independently, as
+if all men were his friends, and ready to greet him with thundering
+applause; and he would do so if their voices were to pronounce on him
+a sentence of everlasting disgrace. He writes not in the expectation
+of gathering wealth, or augmenting the number of his friends. But
+he has not the least doubt that all men who have regard to truth
+and integrity, will do justice to the uprightness of his intentions.
+(Heaven be praised! there are some such men in the world.) He is
+equally sure that the evidence contained in this little work will be
+satisfactory, as to all the points he wishes to establish, to all who
+are open to conviction.
+
+It is true that the author of this book is a member of the Marshpee
+Tribe, not by birth, but by adoption. How he has become one of that
+unfortunate people, and why he concerns himself about their affairs,
+will now be explained to the satisfaction of the reader. He wishes
+to say in the first place, that the causes of the prevalent prejudice
+against his race have been his study from his childhood upwards. That
+their colour should be a reason to treat one portion of the human race
+with insult and abuse has always seemed to him strange; believing
+that God has given to all men an equal right to possess and occupy the
+earth, and to enjoy the fruits thereof, without any such distinction.
+He has seen the beasts of the field drive each other out of their
+pastures, because they had the power to do so; and he knew that the
+white man had that power over the Indian which knowledge and superior
+strength give; but it has also occurred to him that Indians are men,
+not brutes, as the treatment they usually receive would lead us to
+think. Nevertheless, being bred to look upon Indians with dislike and
+detestation, it is not to be wondered that the whites regard them as
+on a footing with the brutes that perish. Doubtless there are many who
+think it granting us poor natives a great privilege to treat us with
+equal humanity. The author has often been told seriously, by sober
+persons, that his fellows were a link between the whites and the brute
+creation, an inferior race of men to whom the Almighty had less
+regard than to their neighbours, and whom he had driven from their
+possessions to make room for a race more favoured. Some have gone so
+far as to bid him remove and give place to that pure and excellent
+people who have ever despised his brethren and evil entreated them,
+both by precept and example.
+
+Assumption of this kind never convinced WILLIAM APES of its own
+justice. He is still the same unbelieving Indian that he ever was.
+Nay, more, he is not satisfied that the learned and professedly
+religious men who have thus addressed him, were more exclusively the
+favourites of his Creator than himself, though two of them at least
+have been hailed as among the first orators of the day, and spoke
+with an eloquence that might have moved stocks and stones. One of
+them dwells in New York and the other in Boston. As it would avail him
+little to bespeak the favour of the world in behalf of their opinions
+by mentioning their names, he will proceed with the matter in hand,
+viz. the troubles of the Marshpee people, and his own trial.
+
+
+
+
+INDIAN NULLIFICATION, &c.
+
+
+It being my desire, as well as my duty as a preacher of the gospel, to
+do as much good as in me lay to my red brethren, I occasionally paid
+them a visit, announcing and explaining to them the word of life,
+when opportunity offered. I knew that no people on earth were more
+neglected; yet whenever I attempted to supply their spiritual wants,
+I was opposed and obstructed by the whites around them, as was the
+practice of those who dwelt about my native tribe, (the Pequods,) in
+Groton, Conn. of which more will be said in another place.
+
+Being on a tour among my brethren in May, 1833, I was often asked why
+I did not visit my brethren of Marshpee, of whom I had often heard.
+Some said that they were well provided, and had a missionary, named
+FISH, who took care of their lands and protected them against the
+fraud of such of their neighbours as were devoid of principle. Others
+asserted that they were much abused. These things I heard in and about
+Scituate and Kingston, where I had preached. Some of those who spoke
+thus, were connected with the missionary. The light thus obtained
+upon the subject being uncertain, I resolved to visit the people of
+Marshpee, and judge for myself. Accordingly I repaired to Plymouth,
+where I held forth on the civil and religious rights of the Indians,
+in Dr. KENDALL'S church, and was treated with Christian kindness by
+the worthy pastor and his people. Dr. KENDALL gave me a letter of
+introduction to Mr. FISH, at Marshpee. Being unacquainted with
+the way, I strayed a little from it, and found a number of good
+Congregationalists of the old school, who invited me to tarry and
+preach to them in the evening, which I did, to their acceptance; for
+they and their pastor desired me to remain and preach on the Sabbath,
+which, however, I could not consistently do. I proceeded thence to
+Sandwich, where I made my mission known to Mr. COBB, the Orthodox
+preacher, who appeared to be pleased.
+
+Mr. COBB said that he had agreed to exchange with Mr. FISH, on the
+Sabbath following, but as it was inconvenient for him to do so, he
+would give me a line to him. With this furtherance I set forward, and
+arrived at Mr. FISH's house before sunset, informing those I met on
+the way that I intended to preach on the next day, and desiring them
+to advise others accordingly. When I made my business known to Mr.
+FISH, he treated me with proper kindness, and invited me to preach for
+him. When I awoke in the morning, I did not forget to return thanks to
+God for his fatherly protection during the night, and for preserving
+me in health and strength, to go through the duties of the day. I
+expected to meet some hundreds of the tribe, and to hear from their
+lips the sweet song of salvation which should prepare their minds for
+the words of life, to be delivered by one of the humblest servants of
+God. I hoped that grace might be given to me to say something to my
+poor brethren that might be for their advantage in time and eternity;
+after which I thought I should see their faces no more. I looked to
+see them thronging around their missionary in crowds, and waited for
+this agreeable sight with great anxiety.
+
+The time appointed for the service was half past ten. When it arrived,
+we got into our carriages and proceeded to the Meeting-house, which
+was about two miles and a half distant. The sacred edifice stood in
+the midst of a noble forest, and seemed to be about a hundred
+years old; circumstances which did not render its appearance less
+interesting. Hard by was an Indian burial ground, overgrown with
+pines, in which the graves were all ranged North and South.
+A delightful brook, fed by some of the sweetest springs in
+Massachusetts, murmured beside it. After pleasing my eyes with this
+charming landscape, I turned to meet my Indian brethren and give
+them the hand of friendship; but I was greatly disappointed in the
+appearance of those who advanced. All the Indians I had ever seen were
+of a reddish color, sometimes approaching a yellow; but now, look to
+what quarter I would, most of those who were coming were pale faces,
+and, in my disappointment, it seemed to me that the hue of death sat
+upon their countenances. It seemed very strange to me that my brethren
+should have changed their natural color, and become in every respect
+like white men. Recovering a little from my astonishment, I entered
+the house with the missionary. It had the appearance of some ancient
+monument set upon a hill-top, for a landmark to generations yet
+unborn. Could Solomon's temple have been set beside it, I think no one
+would have drawn an architectural comparison. Beautiful as this place
+was, we had little time to admire it; something more solemn demanded
+our attention. We were to prepare ourselves for a temple more splendid
+than ever was built by hands. When the congregation were seated, I
+arose and gave out the psalm. I now cast my eyes at the gallery, that
+I might see how the songsters who were tuning their harps appeared;
+but, with one exception, paleness was upon all their faces. I must
+do these _Indians_ the justice to say that they performed their parts
+very well. Looking below, something new caught my attention. Upon
+two seats, reserved along the sides of the temple for some of the
+privileged, were seated a few of those to whom the words of the
+Saviour, as well as his scourge of small cords, might be properly
+applied, "It is written that my house shall be called the house of
+prayer, but ye have made it a den of thieves;" for these pale men were
+certainly stealing from the Indians their portion in the gospel, by
+leaving their own houses of worship and crowding them out of theirs.
+The law, perhaps, allowed them to do so. After singing and prayer, I
+preached one of my humble sermons, after which I attended a Sabbath
+School, in which a solitary red child might be seen here and there.
+By what I saw, I judged that the whites were much favored, while the
+little red children were virtually bidden to stand aside. I understood
+that the books that were sent to them had been given to the white
+scholars.
+
+After a slight refreshment, the duty of worship was resumed; and I
+discovered that plain dealing was disagreeable to my white auditory.
+I inquired where _the Indians_ were; to which Mr. Fish replied, that
+they were at a place called Marshpee, and that there was a person
+called _Blind Joe_, who tried to preach to them, which was the cause
+of their absence. Though the said Joe was one of them, he had done
+them more harm than good. I asked why he did not invite Blind Joe, and
+get him to preach for him a part of the time. He answered, that that
+could not be; that Joe was not qualified to preach and instruct. I
+replied that he could not, perhaps, be sure of that, and that if he
+had followed the course I had mentioned, it would at least have been
+the means of uniting the people, which would of itself have been great
+good. It was then concluded to have a meeting at Marshpee; and, in the
+afternoon of the next day, I paid the people of that place a visit in
+their Meeting-house. I addressed them upon temperance and education,
+subjects which I thought very needful to be discussed, and plainly
+told them what I had heard from their missionary, viz: That it was
+their general disposition to be idle, not to hoe the corn-fields they
+had planted, to take no care of their hay after mowing it, and to lie
+drunken under their fences. I admonished them of the evil of these
+their ways, and advised them to consider any white man who sold them
+rum their enemy, and to place no confidence in him. I told them that
+such a person deserved to have his own rum thrown into his face.
+I endeavored to show them how much more useful they might be to
+themselves and the world if they would but try to educate themselves,
+and of the respect they would gain by it. Then, addressing the throne
+of grace, I besought the Lord to have mercy on them and relieve
+them from the oppressions under which they laboured. Here Mr. Fish
+cautioned me not to say any thing about oppression, that being,
+he said, the very thing that made them discontented. They thought
+themselves oppressed, he observed, but such was not the case. They
+had already quite liberty enough. I suggested to him the propriety of
+granting them the privileges enjoyed by the whites about them; but he
+said that that would never do, as they would immediately part with
+all their lands. I told him that, if their improvement was his aim,
+he ought to go among them and inquire into their affairs; to which he
+replied that he did go at times, but did not say much to them about
+their worldly concerns. He asked me if I thought it proper to preach
+about such things. I answered that I thought it proper to do good in
+any way; that a variety was not amiss, and that such a course would
+convince his flock that he had their welfare at heart.
+
+I had now appointed to meet my brethren on Wednesday evening
+following, when I expected to bid them farewell forever; and in the
+mean while I had obtained a letter of introduction to Mr. Pratt, of
+Great Marshes. There I gave the audience a word in season, upon the
+subject of Indian degradation, which did not appear to please them
+much. I then visited Barnstable, and finding no resting place there
+for the sole of my foot, I journeyed as far as Hyannis, where I was
+entertained with hospitality and kindness. On the evening of the
+fourteenth day, I again preached on the soul-harrowing theme of Indian
+degradation; and my discourse was generally well received; though it
+gave much offence to some illiberal minds, as truth always will, when
+it speaks in condemnation. I now turned my face toward Marshpee, to
+preach the word there.
+
+I had made up my mind to depart early on the morrow, and therefore,
+that I might hear of their concerns, and how they fared from their own
+mouths, I intended to commence my labours early in the day. I had not
+the least intention of staying with my brethren, because I saw that
+they had been taught to be sectarians, rather than Christians, to
+love their own sect and to hate others, which was contrary to the
+convictions of my own experience as well as to the doctrine of Jesus
+Christ. What ensued led me to look farther into their case. The
+lecture I had delivered in the Meeting-house, had wrought well, and a
+small pamphlet that contained a sketch of the history of the Indians
+of New England had had a good effect. As I was reading from it, an
+individual among the assembly took occasion to clap his hands, and
+with a loud shout, to cry, "Truth, truth!" This gave rise to a general
+conversation, and it was truly heart-rending to me to hear what my
+kindred people had suffered at the hands of the whites.
+
+Having partook of some refreshment, we again met to worship God in the
+School-house; where I believe that the Spirit of the Lord was revealed
+to us. Then, wishing to know more of their grievances, real or
+supposed, and upon their invitation, I appointed several meetings;
+for I was requested to hear their whole story, and to help them. I
+therefore appointed the twenty-first of May, 1833, to attend a council
+to be called by my brethren. In the mean while I went to Falmouth,
+nine miles distant, where I held forth upon the civil and religious
+rights of the Indians. Some, who apparently thought that charity
+was due to themselves, but not to the red men, did not relish the
+discourse; but such as knew that all men have rights and feelings,
+and wished those of others to be respected as well as their own, spoke
+favourably of it. Of this number was Mr. Woodbury, the minister, who
+thought it would do good. I then returned to Marshpee, to attend the
+council.
+
+The meeting was held in the school-room. Business commenced at about
+nine in the morning, and continued through the day. The first that
+arose to speak was an Indian, Ebenezer Attaquin by name. Tears flowed
+freely down his time-furrowed cheeks, while he addressed us in a
+manner alike candid and affectionate. The house was well filled.
+
+After listening patiently to the tale of their distresses, I
+counselled them to apply for redress to the Governor and Council. They
+answered, that they had done so; but _had never been able to obtain a
+hearing_. The white agents had always thrown every obstacle in their
+way. I then addressed them in a speech which they all listened to with
+profound attention.
+
+I began by saying that, though I was a stranger among them, I did
+not doubt but that I might do them some good, and be instrumental in
+procuring the discharge of the overseers, and an alteration of the
+existing laws. As, however, I was not a son of their particular tribe,
+if they wished me to assist them, it would be necessary for them to
+give me a right to act in their behalf, by adopting me; as then our
+rights and interests would become identical. They must be aware that
+all the evil reports calumny could invent, would be put in circulation
+against me by the whites interested, and that no means to set them
+against me would be neglected. (Had the inspiration of Isaiah spoken
+these words, they could not have been more fully accomplished, as is
+known to the whites of Barnstable County, as well as the Indians.)
+
+Mr. Ebenezer Attaquin, being one of the prayer leaders, replied first,
+and said, "If we get this man to stand by us, we must stand by him,
+and if we forsake him after he undertakes for us, God will forsake us
+also."
+
+Mr. Ezra Attaquin wished to know if I could not come and dwell with
+them, as so I could do them more good than if abiding at a distance.
+Mr. Ebenezer Attaquin said in reply, that if such a chance should be
+offered to a white man, he would be very glad to accept it.
+
+I now inquired what provision could be made for me, if I should
+consent to their wishes. They answered that their means were small,
+but that they would provide a house for me to live in, and do what
+they could for my support. I said that, knowing their poverty, I did
+not expect much, and gave them to understand that I could dig, and
+fish, and chop wood, and was willing to do what I could for myself.
+The subject of religious instruction was then discussed, and the
+inquiry was made, what should be done with their poor, blind brother,
+(who was then absent among another sect.) I answered that I was very
+willing, to unite my labours with his, as there was plenty of work for
+both of us; and that had I but half a loaf of bread, I would gladly
+divide it with him. It was then agreed that we should unite, and
+journey together on the road toward heaven.
+
+The case Of Mr. Fish was next laid before the council, and Complaints
+were made, that he had neglected his duty; that he did not appear to
+care for the welfare of the tribe, temporal or spiritual; that he had
+never visited some of the brethren at all, and others only once in
+five or seven years; that but eight or ten attended his preaching;
+that his congregation was composed of white people, to whom his visits
+were mostly confined, and that it seemed that all he appeared to
+care for was to get a living, and make as much as he could out of the
+Indians, who could not see any reason to think him their friend.
+It was, therefore, agreed to discharge him, and three papers were
+draughted accordingly. One was a petition to the Governor and Council,
+a second to the Corporation of Harvard College; the first complaining
+against the Overseers, and the laws relating to the tribe; and the
+second against the missionary set over them by Harvard College and the
+Overseers. The third document was a statement of my adoption into the
+tribe, and was signed by all present, and subsequently by others, who
+were not present, but were equally desirious of securing their rights.
+It was as follows,
+
+    _To all whom it may concern, from the beginning of the world
+    up to this time, and forever more_.
+
+    Be it known, that we, the Marshpees, now assembled in the
+    presence of God, do hereby agree to adopt the Rev. William
+    Apes, of the Pequod tribe, as one of ours. He, and his wife,
+    and his two children, and those of his descendants, forever,
+    are to be considered as belonging to the Marshpee tribe of
+    Indians. And we solemly avow this, in the presence of God, and
+    of one another, and do hereby attach our names to the same,
+    that he may take his seat with us and aid us in our affairs.
+    Done at the Council House in Marshpee, and by the authority of
+    the same, May 21st, 1833.
+
+        EBENEZER ATTAQUIN, _President_.
+
+        ISRAEL AMOS, _Secretary_.
+
+To this instrument there are about a hundred signatures, which were
+affixed to the other papers above mentioned also. The resolutions
+which were sent to the two bodies were these:
+
+    _Resolved_, That we, as a tribe, will rule ourselves, and have
+    the Constitutionso; for all men are born free and equal, says
+    the Constitutien of the country.
+
+    _Resolved_, That we will not permit any white man to come upon
+    our plantation, to cut or carry off wood or hay, or any other
+    article, without our permission, after the 1st of July next.
+
+    _Resolved_, That we will put said resolutions in force after
+    that date, (July next,) with the penalty of binding and
+    throwing them from the plantation, if they will not stay away
+    without.
+
+These resolutions were adopted by the tribe, and put in force, as will
+be seen hereafter. It was hoped that, though the whites had done all
+they could to extinguish all sense of right among the Indians, they
+would now see that they had feelings as well as other men.
+
+The petition to the corporation of Harvard set forth the general
+dissatisfaction of the tribe with the missionary sent them by that
+honorable body, according to the intended application of the Williams
+Fund. The money was no more intended for Mr. Fish than for any other
+clergyman; neither had the Indians given him a call. They thought it
+right to let his employers know that he had not done his duty, because
+he not only received between five and six hundred dollars from the
+college, but had possession of five or six hundred acres of the
+tribe's best woodland, without their consent or approbation, and
+converted them to his own exclusive use, pretending that his claim and
+right to the same was better than that of the owners themselves. Not
+liking this, the Indians solicited his discharge. The document runs
+thus:
+
+    To our white brethren at Harvard College and trustees of the
+    Williams fund, that is under the care of that body, for the
+    important use of converting the poor heathen in New England,
+    and who, we understand, by means of that fund, have placed
+    among us the Rev. Phineas Fish.
+
+    We thought it very likely that you would like to know if we,
+    as a people, respected his person and labors, and whether the
+    money was benefiting the Indians or not. We think it our duty
+    to let you know all about it, and we do say, as the voice of
+    one, with but few exceptions, that we as a tribe, for a long
+    time, have had no desire to hear Mr. Fish preach, (which is
+    about ten years) and do say sincerely that we, as a body, wish
+    to have him discharged, not because we have anything against
+    his moral character, but we believe his labors would be more
+    useful somewhere else, and for these reasons,
+
+    1st. We, as a people, have not been benefited by his
+    preaching; for our moral character has not been built up, and
+    there has been no improvement in our intellectual powers, and
+    we know of no Indian that has been converted by his preaching.
+
+    2d. We seldom see him upon our plantation to visit us, as a
+    people. His visits are as follows--To one house, one visit in
+    one year--to another, two visits in five years--to another one
+    in seven--and to many, none at all. (We would here remark that
+    Mr. Fish has not improved, but rather lost ground; for history
+    informs us that such was the anxiety of the whites, that it
+    was thought best to visit the Indians twice in one year, and
+    preach to them, so as to save them.)
+
+    3d. We think that twenty years are long enough for one trial.
+    Another reason is that you and the people think that we are
+    benefited by that fund, or money paid to him for preaching to
+    the Indians--and we are not. White people are his visitors
+    and hearers. We would remark here that we have no objection to
+    worship with our white neighbors, provided they come as they
+    ought to come, and not as thieves and robbers, and we would
+    ask all the world if the Marshpee Indians have not been robbed
+    of their rights. We wonder how the good citizens of Boston, or
+    any town would like to have the Indians send them a preacher
+    and force him into the pulpit and then send other Indians to
+    crowd the whites out of their own meeting house and not pay
+    one cent for it. Do you think the white men would like it? We
+    trow, not; and we hope others will consider, while they read
+    our distressing tale. It will be perceived that we have no
+    objection if hundreds of other nations visit our meeting
+    house. We only want fair play; for we have had foul play
+    enough.
+
+    4th. We do not believe but that we have as good a right to
+    the table of the Lord as others. We are kept back to the last,
+    merely because our skins are not so white as the whites', and
+    we know of no scriptures that justify him in so doing. (The
+    writer would here observe, that he wonders any person
+    guilty of a dark skin will submit to such unchristian usage,
+    especially as the minister is as willing to shear his black
+    sheep as his white ones. This being the case, ought he not to
+    pay as much regard to them? Should he turn them loose to shift
+    for themselves, at the risk of losing them?)
+
+    5th. We never were consulted as to his settlement over us, as
+    a people. We never gave our vote or voice, as a tribe, and we
+    fully believe that we are capable of choosing for ourselves
+    and have the right to do so, and we would now say to you, that
+    we have made choice of the Rev. Wm. Apes, of the Pequod
+    tribe, and have adopted him as one of ours, and shall hear him
+    preach, in preference to the missionary, and we should like
+    to have him aided, if you can do it. If not, we cannot help
+    it--he is ours--he is ours.
+
+    Perhaps you have heard of the oppression of the Cherokees and
+    lamented over them much, and thought the Georgians were
+    hard and cruel creatures; but did you ever hear of the poor,
+    oppressed and degraded Marshpee Indians in Massachusetts,
+    and lament over them? If not, you hear now, and we have made
+    choice of the Rev. Wm. Apes to relieve us, and we hope that
+    you will assist him. And if the above complaints and reasons,
+    and the following resolutions, will be satisfactory, we shall
+    be glad, and rejoice that you comply with our request.
+
+    _Resolved_, That we will rule our own tribe and make choice of
+    whom we please for our preacher.
+
+    _Resolved_, That we will have our own meeting house, and place
+    in the pulpit whom we please to preach to us.
+
+    _Resolved_, That we will publish this to the world; if the
+    above reasons and resolutions are not adhered to, and the Rev.
+    Mr. Fish discharged.
+
+    The foregoing addresses and resolutions were adopted by a vote
+    of the tribe, almost unanimous. Done at the Council House at
+    Marshpee, May the 21st, 1833.
+
+        EBENEZER ATTAQUIN, _President_.
+
+        ISRAEL AMOS, _Secretary_.
+
+The Hon. Josiah Quincy, President of the College, promised to attend
+to this matter, said that he had long been satisfied that the money
+from the Williams fund had not been applied to the object for which it
+was intended, and hinted at an intention to send no more to Mr.
+Fish till he should be better informed concerning the matter. (We
+understood that he actually did retain the money, though he never
+found leisure to make the inquiry alluded to.) He said that, had it
+been in the summer, he would have gone himself to the place. Summer
+has passed away, and we have seen no Mr. Quincy yet. We have heard
+that he was requested by several gentlemen to come and investigate our
+affairs, but we suppose he thinks that the poor Marshpees cannot have
+been wronged. However, as nothing has been done, we think it is time
+that the public should be made aware of our views and intentions.
+
+Leaving Marshpee for New Bedford, I preached at several places on my
+way, and delivered lectures on Indian affairs. Many of the advocates
+of oppression became clamorous, on hearing the truth from a simple
+Indian's lips, and a strong excitement took place in that quarter.
+
+Some feared that an insurrection might break out among the colored
+people, in which blood might be shed. Some called me an imposter, and
+others approved of my proceedings, especially the Quakers, whom I ever
+found benevolent and ready to help us. Their generous good will toward
+colored people of all races is well known. I feel bound to say, too,
+that there were others of the highest respectability in those parts
+who were anxious that their red brethren should obtain their rights
+and redress of their grievances.
+
+When the time I had fixed for my return to my friends at Marshpee
+arrived, I turned thitherward, and reached the place on the sixth of
+June. Here I met the blind preacher, whom I had never before seen. He
+bade me welcome, and cordially agreed to join me in my labors, saying
+that God had listened to his prayers. He had for several years prayed
+for an assistant, and now consented to labor in conjunction with me
+for the spiritual and temporal advantage of our brethren. We went
+through the plantation together. On the Sabbath there was a large
+meeting, and the assistance of God enabled me to preach to them, after
+which we set forth, as a delegation to the Governor and Council in
+Boston. We stopped at several towns by the way, to discharge our
+duties, as Christian ministers, and were kindly and hospitably
+received by the teachers.
+
+When we arrived in Boston, we communicated our business to a certain
+doctor, who lived in Roxbury. He did not think so favorably of it as
+we had expected; but, nevertheless, agreed to lay it before the board
+of trustees, which we presume he did, as he is a man of truth. We told
+him that we asked for justice, not money, and said that we wished the
+Marshpee Indians to avoid the meeting-house, if it did not belong to
+them. With this we left him, and have never heard from him from that
+day to this. He is gone where his deeds done in the flesh will receive
+their just reward; which I hope is a crown of blessedness and glory.
+
+We did not find the Governor in Boston; but were advised to wait on
+Mr. Armstrong, the Lieut. Governor. We showed him our petition and
+resolutions, which he said, would avail us nothing, unless enforced.
+We answered that they would be enforced, at the appointed time. He
+then suggested that we might have been instigated to the measures
+in question by some of our enemies; probably meaning some of our
+unprincipled white neighbors. We replied that ill usage had been our
+only instigation, and that no one had interfered in the matter. He
+advised us to deliver our petition to the Secretary of State, to be
+submitted to the Council at their next session; which we did.
+
+This done, we called on one of the tribe who was engaged in the
+coasting business, and had done much to teach the Indians, and to
+bring them to a right knowledge of their degraded condition. He said
+that he would willingly relinquish his business, and join in the
+efforts of his brethren to shake off the yoke which galled them; and
+thereupon it was resolved to hold a convention on the twenty-fifth of
+June, for the purpose of organizing a new government. He desired to be
+there, and his name is Daniel Amos.
+
+I now set out for Essex, where my family was living, accompanied by
+the blind preacher. I put my wife and little ones on board a small
+vessel, bound for Boston, while I and my blind brother returned
+thither by land. We all arrived safely, and soon after embarked for
+Barnstable, where we arrived on the eighteenth of June, and landed at
+a spot about twelve miles distant from the hospitable Indians. Here
+we found ourselves breathing a new atmosphere. The people were very
+little prepossessed in our favor, and we certainly owe them small
+thanks on the score of hospitality. We succeeded in obtaining the
+shelter of an old stable for two nights, by paying two dollars. We
+applied to one individual for accommodations during that time, for one
+of our party who was sick, but were refused. He said he had no room.
+If any white man should come to Marshpee and ask hospitality for a
+night or two, I do not believe that one of the whole tribe would turn
+him from his door, savages though they be. Does not he better deserve
+the name who took from us two dollars for sleeping in his stable? This
+usage made me think that in this part of New England prejudice was
+strong against the poor children of the woods, and that any aid we
+might receive must come from the more hospitable Indians, among whom
+we arrived on the twenty-first, and rested till the twenty-fifth. We
+regarded ourselves, in some sort, as a tribe of Israelites suffering
+under the rod of despotic Pharaohs; for thus far, our cries and
+remonstrances had been of no avail. We were compelled to make our
+bricks without straw.
+
+We now, in our synagogue, for the first time, concerted the form of a
+government, suited to the spirit and capacity of free born sons of the
+forest; after the pattern set us by our white brethren. There was but
+one exception, viz. that _all_ who dwelt in our precincts were to
+be held free and equal, _in truth_, as well as in letter. Several
+officers, twelve in all, were elected to give effect to this novelty
+of a government; the chief of whom were Daniel Amos, President, and
+Israel Amos, Secretary. Having thus organized ourselves, we gave
+notice to the former board of overseers, and the public at large, of
+our intentions. This was the form of our proclamation:
+
+    NOTICE.
+
+
+    _Marshpee Plantation, June 25th, 1833_.
+
+    Having heretofore been distressed, and degraded, and
+    robbed daily, we have taken measures to put a stop to these
+    things.--And having made choice of our own town officers to
+    act instead of the whites, and having acquainted the Governor
+    of our affairs and resolutions, he has nothing against our
+    putting them in force.[1] And now we would say to our white
+    friends, we are wanting nothing but our rights betwixt man
+    and man. And now, rest assured that said resolutions will
+    be enforced after the first day of July, 1833. Done at the
+    National Assembly of the Marshpee Tribe, and by the authority
+    of the same.
+
+        DANIEL AMOS, _President_.
+
+        ISRAEL AMOS, _Secretary_.
+
+Hereupon the Missionary and agents and all who put faith in them,
+combined together to work our destruction, as is well known to all
+men.
+
+We then proceeded to discharge all the officers appointed by the
+Governor and Council, firmly believing that each and every one of the
+existing laws concerning the poor Israelites of Marshpee was founded
+on wrong and misconception. We also forwarded a letter and resolution
+to Gideon Hawley, to the effect that we were dissatisfied with his
+proceedings with regard to our affairs and with those of the other
+officers, that we desired their stay among us no longer, that we were
+seeking our rights and meant to have them, and we therefore demanded
+of them all a final settlement, and warned them not to violate our
+regulations. The resolution was as follows:
+
+    _Resolved_, That we will no longer accede to your terms after
+    the first day of July next, 1833.
+
+    Done by the authority of the Marshpee Tribe.
+
+        DANIEL AMOS, _President_.
+
+        ISRAEL AMOS, _Secretary_.
+
+We also proceeded to discharge the missionary, telling him that he and
+the white people had occupied our meeting house long enough, and that
+we now wanted it for our own use. We likewise gave him notice that we
+had complained against him to the authorities at Harvard.
+
+Those who had, as we think unlawfully, ruled us hitherto, now awoke
+in astonishment, and bestirred themselves in defence of their temporal
+interests. Mr. Hawley was despatched to the Governor at Worcester,
+to whom he represented the state of affairs in colors which we cannot
+acknowledge to have been faithful. He stated that the Indians were in
+open rebellion, and that blood was likely to be shed. It was reported
+and believed among us that he said we had armed ourselves, and were
+prepared to carry all before us with tomahawk and scalping knife;
+that death and destruction, and all the horrors of a savage war, were
+impending; that of the white inhabitants some were already dead, and
+the rest dreadfully alarmed! An awful picture indeed.
+
+However, several weeks previous to this the Governor and Council had
+been apprised of what was going forward, and had authorised one of the
+Council to visit the tribe, in order to hold counsel, and if possible,
+restore peace among them. But the first of July arrived before he
+came, and we did even as we had pledged ourselves to do, having in
+view no other end than the assertion and resumption of our rights. Two
+of the whites, indeed, proved themselves enemies to the Indians, by
+holding themselves in readiness to break up the new government, and
+daring them to carry it into effect. They were brothers, and one of
+them has since gone to his reward. Their name was Sampson. They came,
+in defiance of our resolutions, to take away our wood, in carts. As I
+was walking in the woods, I discovered them in the act of removing
+our property, and called to him who was the owner of the teams to come
+near me. He complied, and appeared much agitated as he approached.
+I mildly stated to him the views and intentions of the tribe, saying
+that it was not their design to wrong or harm any man in the least,
+and that we wished them to desist till we should have had a settlement
+with the Overseers, after which every thing should be placed upon a
+proper footing. I begged them to desist, for the sake of peace; but it
+was to no purpose. They said that they knew what they were about, and
+were resolved to load their teams. I answered, that the men who owned
+the wood were resolved to carry their resolutions into force; and
+asked if they had not seen the notification we had posted up. One of
+them replied that he had seen, but had not taken much notice of it. I
+again told them that the owners of the wood were at hand, and by the
+time one of the teams was laden, the Indians came up. I then asked
+William Sampson, who was a member of the missionary's church, if
+he would, even then, unload his team and wait till things were
+more quiet; to which he replied that he would not. I then, having
+previously cautioned the Indians to do no bodily injury to any man,
+unless in their own defence, but to stand for their rights, and
+nothing else, desired them to unload the teams, which they did very
+promptly. One of the Sampsons, who was a justice of the peace, forbade
+them, and threatened to prosecute them for thus protecting their own
+property, which had no other effect than to incite them to work more
+diligently. When they had done, I told the justice, that he had,
+perhaps, better encourage others to carry away what did not belong
+to them, and desired the teamsters to depart. They said they would,
+seeing that it was useless to attempt to load the carts. Throughout
+this transaction the Indians uttered neither a threat nor an unkind
+word, but the white men used very bitter language at being thus, for
+the first time, hindered from taking, away what had always been as a
+lawful spoil to them hitherto.
+
+The defeated Sampsons hurried off to get the aid of legal might
+to overcome right, and were wise enough to trouble the Indians no
+further. The tribe were thus left in peaceable possession of all their
+property. Mr. Fiske stated in his report of the case, that we wanted
+possession of the mission house; but in this he was mistaken. No such
+thing was intended or even mentioned among us, though it is true
+that the meeting-house and the two school houses, and all the land,
+excepting that on which Mr. Fiske's house stood, were in our hands.
+
+The Indians now made it part of their business to watch their
+property; being determined to disappoint the rapacity of the whites.
+They soon learned that the Governor had sent an envoy to deal with
+them, and the news cheered their hearts not a little; for they
+earnestly wished for peace and quietness. A verbal message was
+brought, desiring us to meet him. We replied by asking why the agent
+did not come to us, if the Governor had sent him for that purpose,
+instead of going to a tavern and calling on us to come to him there. I
+now suppose that this proceeding on his part was not so much his fault
+as that of one Ezra Crocker, who received twenty dollars _per annum_
+for entertaining the Indians in his house, and who not unfrequently
+thrust them out of doors. Nevertheless, we sent the agent an answer in
+writing, to the following effect.
+
+_To the Honorable Agent sent by the Governor to inquire into our
+affairs_.
+
+    Dear Sir,
+
+    We are much gratified to see that the Governor has noticed us
+    so much as to inquire into our affairs. Your request could not
+    be attended to yesterday; our people being very busy in the
+    affairs of the day; but we will meet you with pleasure this
+    morning at nine o'clock, at our meeting-house, there being no
+    other place where we should like to see you for an interview.
+
+        DANIEL AMOS, _President. July 4th_, 1833.
+
+At the time appointed, we met the Counsellor, and he appeared to enjoy
+himself very well among us. When the meeting had been called to
+order, it was observed that the Overseers were not present, and it was
+proposed to send for them, that they might have fair play and hear
+of what faults they were accused. They came, accompanied by the
+High Sheriff of Barnstable County, the Hon. J. Reed of Yarmouth, and
+several other whites, who were invited to take seats among us. The
+excitement which pervaded Cape Cod had brought these people to our
+council, and they now heard such preaching in our meeting-house as
+they had never heard there before; the bitter complainings of the
+Indians of the wrongs they had suffered. Every charge was separately
+investigated by our people, who gave the entire day to the work. The
+white persons present seemed very uneasy; often getting up, going out
+and returning, as if apprehensive of some danger. The ground work of
+their fears, if they had any, was this: Three of our people, who had
+been out in the morning, hunting deer, had brought their guns into the
+meeting house, and this circumstance was thought, or pretended to be
+thought by a few of our neighbors to portend violence and murder. Also
+the Counsellor had brought a letter from the Governor, indicating that
+he had been led, by wrong reports, to believe that something of the
+kind was likely to take place.[2]
+
+This letter was read to the people, and was to them as a provocation
+and a stimulus. They thought it grievous that the Governor should
+think they had put him in mind of his oath of office, to secure the
+Commonwealth from danger, and given him cause to call out perhaps
+fifty or sixty thousand militia; especially when the great strength
+and power of the Marshpee tribe was considered. To this supposed great
+demonstration of military power they might, possibly, have opposed
+a hundred fighting men and fifteen or twenty rusty guns. But it is
+written, "One shall chase a thousand, and two shall put ten thousand
+to flight;" so there might have been some reason for persons who
+believe the Bible to fear us. Who can say that little Marshpee might
+not have discomfitted great Massachusetts. Nevertheless, the birth
+place of American freedom was spared so great a disgrace; for the
+governor, very wisely, remained at home.
+
+Toward the close of the day Mr. Fiske desired the Hon. Mr. Reed
+to explain to the Indians the laws, as they then stood, and the
+consequences of violating them. He told us that merely declaring a law
+to be oppressive could not abrogate it; and that it would become us,
+as good citizens whom the government was disposed to treat well, to
+wait for the session of the Legislature, and then apply for relief.[3]
+"He went fully," says one reporter, whose name it may be well to
+omit, "into the situation of the tribe, in a very forcible and feeling
+manner, warning them against the rash measures they had already taken
+or adopted."
+
+Mr. Fiske then pathetically stated his opinions concerning the awful
+consequences which would result from a violation of the laws, and
+spoke much at large of the parental feeling of government for the
+remnant of a once mighty and distinguished race. Wm. Apes replied
+that the laws ought to be altered without delay; that it was perfectly
+manifest that they were unconstitutional, and that, even if they were
+not so, there was nothing in them to authorize the white inhabitants
+to act as they had done. Being very anxious to learn what amount of
+good his brethren might expect, he spoke with an energy that alarmed
+some of the whites present considerably. The Hon. Mr. Reed questioned
+him as to his right to interfere. He replied that he had obtained it
+by the adoption of the tribe.
+
+Mr. Reed, if I correctly understood him, answered that the Indians
+had no right to do such an act; no power to confer such a privilege. I
+replied, that if the plantation belonged to them, they undoubtedly had
+a right to give me leave to dwell upon it. Many other things he
+said of which I could not see the reasonableness and propriety, and
+therefore we could not come to an agreement.
+
+While these things were being done and said, as I have reason to
+believe, a warrant for my apprehension was put into the hands of the
+High Sheriff, who, it appeared to me, was not very desirous to execute
+it. He approached me, and with some agitation, told me I must go with
+him to Catuiot; and added, that if I did not accompany him peaceably,
+he would have out the whole county of Barnstable. I was not conscious
+of giving any cause for this perturbation of mind, but I suppose
+others saw my conduct in a different light. It is admitted by all that
+nothing was done contrary to good order, though I admit, that if I had
+refused to obey the warrant, the Sheriff would not have been able to
+enforce it. The fact is I was in no wise unwilling to go with him, or
+to have my conduct brought to the test of investigation, or to give
+all the satisfaction that might be required, had it appeared that I
+had done wrong. I was also very desirous to have the truth appear,
+viz. that it was not the intention or wish of the Marshpees to do
+violence or shed blood.
+
+The Sheriff told me that I should not suffer any injury or injustice,
+and that I should have a hearing in the presence of my friend, Mr.
+Fiske. I went with him very quietly. The excitement ran very high, and
+almost all Cotuet was present at my examination. If wishes could have
+availed, I doubt not that I should have been ruined forever. I was
+arraigned on three charges: for riot, assault, and trespass; and
+pleaded NOT GUILTY.
+
+The Messrs. Sampsons, four in number, were called, and testified as
+follows, That on the first day of July, between eight and nine, A.M.
+they were carting wood from the Marshpee plantation, that they were
+hailed by Wm. Apes, and forbidden by him to take any wood away until a
+settlement with the overseers should have been had; that the said
+Apes threatened them that he would call his men if they persisted,
+who would "_cut up a shine with them_,"[4] (the Sampsons.) They all
+agreed, however, that no unchristian temper was manifested, and no
+indecorous language used. They admitted that they had no fear for
+their personal safety, and that no harm was done to any of the persons
+concerned, save unloading their teams, and ordering them to depart.
+
+Now if I had taken any neighbors' wood without his leave, and he had
+thrown it out of my cart, and told me to go away, and had given me no
+farther molestation, I should think I had gotten off very easily. If
+a poor Indian wishes to get into a jail or penitentiary, that is just
+the course I would advise him to pursue. I leave it to the reader to
+say who were the persons aggrieved and injured, and that had the right
+to complain of trespass.
+
+It was thought proper, by those who had the power so to do, to bind me
+over to appear and take my trial before the Court of Common Pleas, at
+the next session, in the sum of two hundred dollars, and sureties for
+the like amount were also required. Compliance was not difficult. I
+had only to send for Lemuel Ewer, Esq. of South Sandwich, who had, in
+former times, been the treasurer of the tribe, knew their wrongs, and
+was their friend. It was well for me that there was one man who knew
+on which side the right lay, and had the courage to support it, for
+I verily believe that no other person would have dared to become my
+bondsman. I owe Mr. Ewer the justice further to say that he has
+done much to advance the interests of the Marshpee tribe, by giving
+information respecting them to the Legislative body, for which we
+cannot easily show our gratitude.
+
+The Cotueters now waxed exceedingly wroth at what Mr. Ewer had done.
+Truth had been shot into their hearts, and if I should say that they
+bellowed like mad bulls, and spouted like whales, gored mortally by
+the harpoon, I do not think the figure of speech would be too strong.
+Mr. Crocker, the contractor or agent, for our wood, felt himself
+especially aggrieved that I had gotten bail, and was let loose upon
+the plantation, to hinder him in his business. His life, he thought,
+would be in danger. There was a great deal of loose talk and a pretty
+considerable uproar.
+
+While I was waiting for Mr. Ewer, to bail me, I had some conversation
+with the Hon. J.J. Fiske, who expressed himself concerned about the
+Indians, and thought that something ought to be done. I said to him
+that my object was to get them righted, and allowed that I might
+possibly have gone too fast and far. In this I am now satisfied that
+I was mistaken. I believe that neither I nor any of my brethren went
+fast enough. I think there is no white man, Christian or Infidel,
+who would have shown half so much forbearance as we did in the like
+circumstances. Mr. Fiske said he would do all he could for me, and I
+have no doubt that he did so. It was very proper in him to endeavor
+to quiet the whites. The Indians were already quiet, and had no
+disposition to be otherwise.
+
+Nevertheless, it seemed to be the common opinion that the imprisonment
+of Apes would frighten the rest of the tribe, and cause them to forego
+their efforts to recover their rights. Had this been the case, they
+might have carted a few more good suppers and dinners out of our
+woods, and have eaten them on their town meeting days, for two or
+three days together, twice in the year, and have thrown the bones and
+crusts to the poor, old and ignorant, among the natives, as they had
+done, year after year. The missionary, as usual, might have helped
+them to devour the spoil, and have seen his flock degraded and abused,
+before his eyes. Much was also said about the pains that had been
+taken to educate the Marshpees, and it was averred, that, instead of
+going to the schools opened for them, they preferred going about the
+country picking berries, and basket making. Mr. Crocker said he had
+been at great pains to induce the Indians to go to school. Let him who
+has been prejudiced against the Marshpees, by such argument, look
+at the legislative act of 1789, section 5, for the regulation of the
+plantation, prohibiting the instruction of the Marshpees, in reading
+and writing, under pain of death. Who, then, dared to teach them?
+
+Mr. Hawley, the former missionary, spent fifty or sixty years in
+Marshpee. He is mentioned in the history of Berkshire County, as a
+schoolmaster, for the Mohawks, Onedias and Tuscaroras, in 1748, and
+nothing more is known of him, up to his arrival in Marshpee. Thither
+he came to teach, in A.D. 1757, and there he staid till his death.
+What his care to educate the tribe was, may be judged from the facts
+that he _did not teach one_ Indian to read during his residence among
+them, as I am informed by those who knew him. He had probably imbibed
+the opinion that the natives were incapable of being taught, and
+therefore spared himself trouble that he thought would be of no use.
+Nevertheless, he was willing to preach to them, and had a good portion
+of their land set off for his support. Truth obliges me to say that
+not one Indian was converted during the fifty years of his ministry.
+The neighbouring whites were the sole recipients of the good resulting
+from his labors, if there was any. Speaking on this subject, the Rev.
+Cotton Mather Smith says that the arrangements for managing Indian
+schools were never thoroughly made; admirable as was the general plan,
+and much as it promised. I think I may safely vouch for the truth and
+honesty of the reverend gentleman's admission.
+
+Mr. Fish succeeded Mr. Hawley, in 1809, and was confirmed in his
+office by the authorities at Harvard, and the white overseers at
+Marshpee. The arrangement was sanctioned by the General Court, in
+1811; contrary to law, as we think. Surely it takes two sides to make
+a bargain, and the consent of the Indians was never asked or obtained.
+Both of the divines mentioned above were willing to have the use of
+the property of the Marshpees; I fear, under a mere pretext of doing
+them good; and, therefore, that they and the overseers might have a
+support from the plantation, the owners were constantly proclaimed
+to be savages. I wonder what the whites would say, should the Indians
+take possession of any part of their property. Many and many a red man
+has been butchered for a less wrong than the Marshpees complain of.
+
+Neither of the reverend gentlemen set up schools, and when the
+Marshpee children were put out to service, it was with the express
+understanding, as their parents all agree, that they should not be
+schooled. Many of those who held them in servitude, used them more
+like dogs than human beings, feeding them scantily, lodging them hard,
+and clothing them with rags. Such I believe has always been the case
+about Indian reservations. I had a sister who was slavishly used and
+half starved; and I have not forgotten, nor can I ever forget, the
+abuse I received myself. To keep Indian children from hearing the
+gospel preached in a land of gospel privileges, in order that they
+might do work unbefitting the Sabbath at home, has been the practice,
+almost without an exception, wherever I have had opportunity to
+observe. I think that the Indians ought to keep the twenty-fifth
+of December[5], and the fourth of July, as days of fasting and
+lamentation, and dress themselves, and their houses, and their cattle,
+in mourning weeds, and pray to Heaven for deliverance from their
+oppressions; for surely there is no joy in those days for the man of
+color.
+
+Let the reader judge from what has been stated, what good the Marshpee
+Indians have derived from their two missionaries. I say boldly, none
+at all. On the contrary, they have been in the way of the good that
+would have been done by others. I say also that all the religious
+advantages the Indians have enjoyed, have come from other ministers,
+and members of other churches. I am equally sure that the money paid
+for our use, from the Williams Fund, has been a curse, and not a
+blessing to us. Had some good Christian minister come to the tribe
+with half the sum, there is no doubt that God would have made him an
+instrument to raise up a respectable Christian Society; whereas the
+fund has only served to build up the missionaries and the whites about
+the plantation. I am glad that it has done even this good; though it
+be to our enemies; for I am not of a spirit to envy the prosperity
+of others; I rejoice in it. But I sincerely think it is wrong in the
+whites to take the gospel from the Indians, as they do in Marshpee,
+by occupying their meeting-house, and receiving the benefit of the
+missionary fund. I mean that the people about Cotuet and Marshpee go
+to our house, and fill it, to our exclusion, without any charge; while
+the Indians are enforced by the laws which deprive them of the use
+of their own lands, to pay a heavy tax, from which they derive no
+benefit. Is not depriving them of all means of mental culture the
+worst of all robberies? Can it be wondered, that the Indians become
+more and more degraded? I presume all honest people will regret that
+such has been the case. It will be seen that both the missionaries and
+their white followers, imbibed all the prejudices of the day, and by
+disseminating them, hindered others from doing us good. This is no
+excuse, however, for the government of this Commonwealth, whose duty
+it was to see that its red children were not abused in this way. We
+greatly fear that our white fathers did not much care about their
+colored children in Marshpee. At any rate, it may be some satisfaction
+to the philanthropists in the country to know how liberal they have
+been to their poor dependants.
+
+To begin--the Indians owe nothing to the Commonwealth of
+Massachusetts, or to the inhabitants of New England generally, for
+religious instruction, excepting a single appropriation of
+four hundred dollars, made in 1816 or 1818, for repairing their
+Meeting-house. Four hundred dollars more were appropriated in 1831,
+for the purposes of erecting two school houses; but not one cent for a
+teacher.[6]
+
+The way the Marshpees have supported a school hitherto, has been this.
+Some of them have lived abroad among the whites, and have learned to
+read and write, with perhaps some small smattering of arithmetic.
+On returning to the tribe, they have taught others what they knew
+themselves; receiving pay from those who had the means, and teaching
+the rest gratuitously. At the same time they have been compelled to
+support a preacher whom they did not wish to hear, and to pay, in one
+way or other, to the amount of four hundred dollars _per annum_ to
+white officers, for doing them injury and not good. Thus then, in one
+hundred and forty years they have paid fifty-six thousand dollars to
+the whites, out of their own funds, in obedience to the laws of the
+Commonwealth. In return, the whites have given them one thousand in
+labor and money. Truly the Commonwealth must make haste, or it will
+hardly be able to pay us the interest of our money. The principal we
+never expect to get.
+
+Thus, though it is manifest that we have cost the government
+absolutely much less than nothing, we have been called State
+paupers, and as such treated. Those are strange paupers who maintain
+themselves, and pay large sums to others into the bargain. Heigho! it
+is a fine thing to be an Indian. One might almost as well be a slave.
+
+To return to the proceedings of the court at Cotuet: When supper time
+was past, the Cotueter's were anxious to draw something out of me,
+by questioning. They said they knew more about the matter than I did;
+that I had gotten myself into difficulty, and that Mr. Fish was a good
+man, and had gained twenty members over to his church in twenty-five
+years. They might have added that these were infants, who became
+members merely by undergoing the rite of baptism. Perhaps they were
+very good members, when they grew up--perhaps not.
+
+Mr. Fish, alluding to the charge that but eight or ten of the Indians
+heard him preach, stated, in his memorial to the Legislature, that
+more than twice ten were upon his Sabbath School list. That might be
+true; but it was no answer to the charge. There may well have been
+on his list the names of so many persons, who attended neither his
+meeting nor his school. Nor had he denied the statements of the
+Indians in the least. I said to the gentlemen who were rejoicing over
+my supposed downfall, that I was glad they had taken me into custody,
+as it would lead to an investigation of the whole ground in dispute.
+Mr. Ewer presently arrived; his bail was accepted, and I and my
+friends returned home.
+
+On the seventh of July, I was again visited by the Hon. J.J. Fiske,
+who conversed freely with me on our religious affairs. He said it
+would be better for us to turn Congregationalists, as then we should
+probably be able to get assistance from the fund, I replied, that I
+cared little by what name I was called; for I was no sectarian, but
+could unite in the worship of God with all good Christians. It seemed
+to be the opinion of the Hon. J.J. Fiske, that it was wrong for the
+Rev. Mr. Fish to receive the salary he did, without attending to the
+concerns of the Indians.
+
+On the sixth, the head men of the tribe held a meeting, and agreed to
+rescind the former meetings until the session of the Legislature, as
+the commissioner had fairly stated that whatever could be done for us,
+would be done by that honourable body. We could do no less than accept
+a promise coming from so high an authority, and await the leisure of
+our father, the Legislature, though he had neglected us and suffered
+us to be abused. Who could say but that he would uplift his voice
+and weep aloud, on hearing the story of our wrongs, as Joseph and his
+brethren did when they recognized each other. And indeed, though our
+tender parent proved a little hard-hearted at first, by and by there
+was a little relenting toward his poor suffering babes of the woods,
+as will be seen in the proper place. The following notice was drawn up
+accordingly:
+
+    Whereas, certain resolutions have been made by us, the
+    Marshpee Indians, in reference to our plantation, we do
+    hereby solemnly declare, upon the security of the Governor's
+    Counsel,[7] that we shall be righted; and that there shall be
+    a change of government, if necessary, and that the governor
+    has pledged himself to do right, and that the property sold
+    for money or otherwise disposed of, shall be refunded to us
+    again, and that justice shall be done. Now, in consideration
+    thereof, we do hereby guaranty to our white neighbours that
+    they shall not be molested in their lawful concerns upon our
+    plantation, provided that no white man meddles or interferes
+    in any way whatever in our lawful affairs; and that you may
+    understand that it is so, we say the resolutions are revoked,
+    and we will wait with pleasure the sitting of the Legislature.
+
+    Done by order of the Marshpee Tribe, July 6, 1833.
+
+        DANIEL AMOS, _President_.
+
+        ISRAEL AMOS, _Secretary_.
+
+Soon after this, the Commissioner departed, and I saw him no more till
+the sitting of the General Court. About this time our affairs got into
+the public prints, and it was reported through the whole land that
+there were hostile movements among the Indians at Cape Cod, or
+Buzzard's Bay. All the editors were very willing to speak on the
+favorite topic of Indian wrongs; but very few of them said any thing
+about redress. On this head they were either silent or against us.
+Here and there was found one liberal and independent enough to speak
+in our behalf. Some of these articles shall be given, that it may be
+seen who were for or against our rights and privileges. It will be
+proper to state in the first place, however, that from July 4, to the
+sitting of the Court of Common Pleas, in September, there was little
+disturbance upon the plantation. We thought, from what we heard among
+the whites that they were inclined to spare no pains to frighten
+us; but we listened patiently and remained quiet, according to our
+promise.
+
+In August, we had a four-day meeting, which was the means of much
+good. Twelve Indians were redeemed from sin, and during the eighteen
+months that I have known them, the power of God has been manifested
+in the conversion of some thirty. God forbid that I should glorify
+myself; I only mention the circumstance to show that the Marshpees are
+not incapable of improvement, as their enemies would have the world
+suppose. But, under these circumstances, is it not natural for the
+Indians to think that their missionaries have cared less for saving
+their souls than for filling their own pockets, and that their
+thousands have been expended on them to very small purpose? I do think
+that the result of this meeting was in no wise pleasing to our white
+enemies.
+
+At harvest time the reapers cut their grain and carried it to their
+granaries. But they were under the control of their task masters. A
+dispute arose. A woman whose husband was absent, doing business upon
+the great waters, claimed a portion of the grain, while the overseers
+maintained that it belonged to them. She applied for assistance to one
+of the true proprietors, who, in the presence of five or six men who
+were with the overseer's team, unloaded it, and placed the grain where
+it ought to have been. I was present and happened to smile at this
+novel proceeding, which, I suppose was the cause of a prosecution that
+presently took place for trespass. My horse had bitten off five or six
+rye heads in a rye field, for which enormity his owner was obliged to
+pay ten dollars, though the actual damage was not to the value of six
+cents. I will not retort the petty malice which prompted this mean act
+of revenge, by mentioning names. I now proceed to mark out the state
+of public feeling, by some extracts from the newspapers. The following
+is from the New Bedford Press, of June 1, 1833:
+
+
+    MARSHPEE INDIANS.
+
+
+    The remnants of that race of men who once owned and inhabited
+    the forests and prairies of the Old Colony that have new
+    given place to large and populous villages and the busy hum
+    of _civilized_ man, are, it would seem, somewhat dissatisfied
+    with the manner in which they are governed by the State
+    authority. Communications illustrative of the condition of
+    the _Marshpee Indians_ in the County of Barnstable, have been
+    forwarded to us by the agent of the tribe, by which it appears
+    that they have been abused. Intelligence from other quarters
+    comes fraught with bitter complaint, and there can be
+    no manner of doubt that too ample room remains for the
+    improvement of their condition. The communications at hand
+    advise the Indians to stand out for their right to appoint
+    their own overseers, and do all business now especially done
+    by the State. That they ought to be allowed this privilege,
+    (if _privilege_ it may be called,) there is no question; but
+    there is a question, whether this is the first important step
+    to be taken. By a list of names which accompanies our advices,
+    it appears that very few are able to write their own names,
+    their mark being affixed instead; and in addition to this, we
+    are informed that there are many who cannot even read. With
+    this view of their condition the correct and efficient course
+    to be pursued would seem to be that of sending _Education
+    Missionaries_ among them, that in contending for their rights,
+    of which they say they are deprived, they may be enabled to
+    act understandingly.
+
+This may serve to show that the Marshpees had long been dissatisfied
+with their government, and that very many complaints had been made;
+which will be illustrated by extracts from divers petitions, in
+another page. The next refers to the Marshpee trials, and is signed
+in a manner signifying that the writer speaks advisedly, and from
+knowledge.
+
+    _From the Barnstable Journal of July 18, 1833_.
+
+
+    Mr. Apes was arrested at the Marshpee Plantation on the 4th,
+    by order of the Executive, and required to give bond for his
+    good behaviour.
+
+    Mr. Apes now says, that this statement is not correct; that
+    the Governor has ordered no such thing, and that he never was
+    requested in all his life to give bond for his behavior.
+
+    Much has been said in and out of the papers about the Indians
+    in Marshpee. All that the Indians want in Marshpee is to enjoy
+    their rights without molestation. They have hurt or harmed no
+    one. They have only been searching out their rights, and in so
+    doing, exposed and uncovered, have thrown aside the mantle of
+    deception, that honest men might behold and see for themselves
+    their wrongs. The Indians could spread columns before the
+    world which would cause the hearts of good men to be sad, and
+    recoil at the conduct of their white brothers. All that Mr. A.
+    wishes is, that people would tell the truth.
+
+        A BEHOLDER.
+
+With regard to this article, I have to say that it speaks the truth.
+If an honest white man could look into our private affairs and know
+what wrongs we have suffered, it would change his complexion to a hue
+redder than the Indian's. But the crimes committed against our race
+cannot be enumerated here below. They will each and all, however, be
+judged at the bar of God, and it must be the comfort of the poor and
+oppressed, who cry for justice and find it not, that there is one who
+sees and knows, and will do right. The next is from the Boston Daily
+Advocate, of July 12.
+
+    Rev. Mr. Apes, who has been conspicuous in the Marshpee
+    nullification, has, we learn, been taken and committed to jail
+    in Barnstable county; upon what process, we are not informed,
+    but we trust, for the honor of the State, that while our
+    mouths are yet full of bitterness against Georgian violence,
+    upon the Indians, we shall not imitate their example.
+
+How true it is that men see the faults of others, rather than their
+own. If the good people of Massachusetts were as ready to do right as
+to have the Georgians do right, the Marshpee Indians might, perhaps,
+send a Representative to the Legislature. I hope the remark will give
+no offence. The next is from the same print, of July 15, 1833.
+
+    The Marshpee affairs, we are gratified to learn, are
+    more quiet than they have been. The Indians took forcible
+    possession of the Meeting-house the other day, and have
+    retained it ever since, but no farther act has been committed
+    on their part. They notified Mr. Fish that they had dismissed
+    him from their Parish, and also formally gave notice to the
+    overseers that their offices were at an end. Hon. J.J. Fiske,
+    of the Executive Council, has visited the Indians, by request
+    of the Governor, and has, we learn, discharged the duty in a
+    highly conciliatory and discreet manner. The Indians would
+    not at first consent to see him, but being satisfied of the
+    disposition of the Executive to listen to their grievances,
+    they met Mr. Fiske alone in the Meeting-house, where, by their
+    special request, the overseers also appeared. The Sheriff of
+    the county, Hon. John Reed, and others, were also present.
+    About one hundred of the Indians appeared, many of them armed
+    with guns. They were perfectly under the command of Apes, but
+    all of them conducted with propriety, and seemed peaceably
+    disposed. Mr. Fiske heard their complaints for one day. Their
+    demands were to have the overseers removed, and the books and
+    funds, now in the hands of the Treasurer, transferred to
+    them; and in fact to be left to the entire management of their
+    affairs. It was explained to them that the Governor had no
+    power to do this, if he were so disposed. That he could only
+    change their overseers, and lay their complaints before the
+    Legislature, who alone could alter the laws now governing the
+    plantation. To this, Apes would not agree, insisting that they
+    should be relieved of the guardianship of the State, and that
+    the Governor could do it at once.
+
+    He was questioned as to his own right to be on the plantation,
+    to which he does not belong, and finding all argument useless
+    with him, Apes was arrested in the assembly, (where he was
+    acting as moderator,) upon a warrant for assault and trespass,
+    in unloading the teams of Mr. Sampson. The Indians were
+    perfectly quiet, and Apes having been bound over for his
+    appearance to take his trial, in the sum of $200, he was
+    immediately bailed by Mr. Ewer, a Justice of the Peace, and
+    was not committed to jail, as has been represented. After his
+    arrest, he expressed some contrition, and admitted he had gone
+    too far. The ultimate understanding appears to be with the
+    Indians, that they will offer no further resistance, but wait
+    patiently for a redress of grievances, until the meeting of
+    the Legislature, when they confidently expect to have their
+    guardianship removed. As an evidence of their peaceable
+    disposition, "President" Amos, at the request of Mr. Fiske,
+    gave up the key of the Meeting-house, for Rev Mr. Fish to
+    occupy the pulpit, and asked as a favor, that the Indians
+    might occupy it half the time. The result of the mission
+    of Mr. Fiske, is therefore very favorable, and if a similar
+    course is pursued hereafter, there will be no further
+    difficulty with the tribe. They should be treated with
+    all possible lenity and kindness, for the honor of the
+    Commonwealth.
+
+The Indians would not consent to see Mr. Fiske at first, because they
+did not like to meet their enemies off their own ground, and I
+presume they would not have consented to do so to this day. As to the
+Counsellor's meeting us alone, it was the especial direction of
+the Governor that he should hear the parties separately, because,
+supposing the government to be oppressive, it seemed to him that the
+Indians would be afraid to speak plainly in presence of their masters,
+or proffer their complaints. The Indians wished to do nothing in a
+corner; but rather to proceed with an open and manly spirit, that
+should show that they were unjustly accounted abject and willing
+slaves. As to my opinion of the powers of the Governor, I have already
+admitted that I was in error; for I am not a man skilled in legal
+subtleties. My reason for pressing our claims so strongly was, to make
+the way easy for my brethren, till something could be done for them.
+The Indians were requested to give up their own Meeting-house to
+a gentleman who did not come at their request, and to gather other
+people into it to suit his convenience. The Indians asked for their
+own house for only half the time, and even this was denied them.
+The law not bearing out their petition, they could only obtain it by
+force, and, finding this to be the case, they forbore.
+
+The question is, how can a man do good among a people who do not
+respect him or desire his presence, and who refuse to hear him preach?
+Yet Harvard College has forced such an one on the Marshpees against
+their will, right or wrong.
+
+I heard a white lady observe, that Mr. Fish was not a preacher for
+every one; as though he was not fit to preach to any but us poor
+ignorant Indians. Nevertheless, if any people need a talented,
+enterprising preacher, we are the very ones. Some may suppose Mr. Fish
+to be a Unitarian. He was, when he was first settled at Marshpee;
+but his opinions underwent a change soon after, and he became what is
+commonly called an orthordox Congregationalist. In order to be a good
+one, he ought to make one more change--a change of inclination, to
+force himself on poor Indians. One who has such an inclination cannot
+be a good member of any sect, or an honor to it. Such a person can be
+no ornament to any ecclesiastical body. I would not have it inferred
+from this that a breath of reproach is in my mind, or in those of my
+brethren against any denomination of Christians. We love all who love
+the Lord Jesus in sincerity.
+
+I expressed no contrition because I thought I had acted morally wrong,
+or had asked any thing more than was right; but because I had mistaken
+the _law_, which in this case was a very different thing from justice.
+
+The next article is from the Barnstable Journal, of July 25. It will
+serve to show that though the matter had been perfectly explained to
+the inhabitants of Barnstable County; yet it contained some of our
+worst enemies as well as best friends. Our enemies were those in
+office, and those under their influence. The majority believed the
+Indians to be wronged, and ought to have had redress; and these were
+unable to act in our behalf. Those who did act were either our enemies
+or persons who had no minds of their own, and were led by them in all
+they did. Many of them did, nevertheless, sympathise with the Indians,
+and pitied them when cast into prison, for all men can appreciate the
+blessing of liberty.
+
+    MARSHPEE INDIANS.
+
+
+    MESSRS. EDITORS,
+
+    We observed in one of your late papers, some editorial remarks
+    which breathed a spirit of candor and good will towards us,
+    and not of ridicule and sarcasm, like that of your neighbor,
+    the Patriot. Now Messrs. Editors, as our situation is but
+    little understood, and the minds of the people much agitated,
+    we feel a desire to lay before them some of the causes of the
+    late excitement. We have long been under guardians, placed
+    in authority over us, without our having any voice in the
+    selection, and, as we believe, not constitutional. Will the
+    good people of Massachusetts revert back to the days of their
+    fathers, when they were under the galling yoke of the mother
+    country? when they petitioned the government for a redress of
+    grievances, but in vain? At length they were determined to try
+    some other method; and when some English ships came to Boston,
+    laden with tea, they mustered their forces, unloaded and threw
+    it into the dock, and thereby laid the foundation of their
+    future independence, although it was in a terrible war, that
+    your fathers sealed with their blood a covenant made with
+    liberty. And now we ask the good people of Massachusetts, the
+    boasted cradle of independence, whom we have petitioned for a
+    redress of wrongs, more grievous than what your fathers had
+    to bear, and our petitioning was as fruitless as theirs, and
+    there was no other alternative but like theirs, to take our
+    stand, and as we have on our plantation but one harbor, and no
+    English ships of tea, for a substitute, we unloaded two wagons
+    loaded with our wood, without a wish to injure the owners of
+    the wagons. And now, good people of Massachusetts, when your
+    fathers dared to unfurl the banners of freedom amidst the
+    hostile fleets and armies of Great Britain, it was then that
+    Marshpee furnished them with some of her bravest men to fight
+    your battles. Yes, by the side of your fathers they fought
+    and bled, and now their blood cries to you from the ground to
+    restore that liberty so unjustly taken from us by their sons.
+
+        MARSHPEE.
+
+The next article is from the Boston Daily Advocate. In the editorial
+remarks will be discerned the noble spirit of independence and love of
+right which are prominent characteristics of Mr. Hallett's character,
+and which induced him, throughout the controversy, to lend the aid of
+his columns to the poor and oppressed descendants of the people who
+welcomed his forefathers to their shores. He is not ungrateful for the
+kindness showed them in a time so remote. I think it my duty to say
+of him, that he has been fruitful of good works in behalf of all the
+oppressed. We Indians have tried his integrity and have found it sound
+metal. He gave us the aid of his extensive learning and undeniable
+talent, and carried our cause before the Legislature with no other end
+in view than the good of the Commonwealth and of the Marshpee tribe,
+and a strong desire to wipe from the character of his native State the
+foul blot of our continued wrongs. He never asked where his pay was to
+come from; but exposed the iniquities which had been transacted in the
+affairs of the Marshpee people, without hesitation, fear or favor, a
+course he has steadily pursued to this day. We acknowledge his doings
+as acts of pure benevolence toward us, and we say that the sons of the
+pilgrim fathers may well be proud of such a brother. Had others been
+only a little like him, we should have had no reason to complain; and
+we recommend him as an example, to all who may hereafter have dealings
+with Indians. Let them do as he has done, and they will be honored as
+he is. To be sure, it is no great matter to be loved and honored by
+poor Indians; but the good will of even a dog is better than his ill
+will. The rich man fared sumptuously every day, while the poor one was
+lying at his gate, feeding on the crumbs that fell from his table, and
+the dogs only had compassion on him. They both died; and we read that
+God sent a convoy of angels to bring the poor man safe home. The rich
+man doubtless had a splendid funeral; but we do not hear that he had
+any favor from his Maker. O, ye who despise Indians, merely because
+they are poor, ignorant, and copper-colored; do you not think that God
+will have respect unto them?
+
+    THE MARSHPEE INDIANS.
+
+
+    We have received a genuine communication from one of the
+    Marshpee Indians, and as we verily believe that tribe is in
+    many respects wronged by the whites, and neglected by their
+    legal guardians, the Legislature, we are desirous of giving
+    them a hearing, that justice may be done them, if it be a
+    possible matter to get such a thing as justice and good faith
+    from white men toward Indians. Undoubtedly some of their
+    supposed grievances are imaginary and much exaggerated, but
+    others are real, and tend greatly to depress them. We have
+    had an overflow of sensibility in this quarter toward the
+    Cherokees, and there is now an opportunity of showing to the
+    world whether the people of Massachusetts can exercise more
+    justice and less cupidity toward their own Indians than the
+    Georgians have toward the Cherokees. We earnestly exhort the
+    Marshpeeians to abstain from all acts of violence, and to rely
+    with full confidence upon the next Legislature for redress.
+    That body has heretofore treated their claims too lightly,
+    but there is a growing disposition to hear and relieve their
+    grievances. A memorial from the tribe, setting forth the
+    wrongs of which they complain, would unquestionably receive
+    prompt attention. The laws by which they are exposed to the
+    cupidity of their white neighbors, are extremely defective,
+    and require a thorough reform. Our correspondent, who we
+    believe speaks the sentiments of the tribe, shall be heard for
+    himself, and we hold our columns free to publish any facts,
+    on either side of this question, which may be offered to the
+    public.
+
+    "MARSHPEE, AUG. 5, 1833.
+
+    MR. HALLETT,
+
+    _Dear Sir_--With regret I say that your white brethren still
+    think it a privilege to impose upon us here. The men upon
+    our plantation were gathering their rye harvest, and the poor
+    women whose husbands were at sea, who had let out their land,
+    confidently expected to have their share, but it was taken
+    from them by unjust men, and not so much as a spear of it left
+    to sustain them, or even the promise of help or aid in any
+    way; it was not taken for debt and no one knows for what. The
+    overseers have now become displeased, and choose at this time
+    to use their great power. I hope we shall not have to call
+    upon the State to protect us, but if we are imposed upon in
+    this manner, we believe we shall. And while we are willing
+    to be still and peaceable, we think that those of our white
+    friends, with the light they possess, ought to show as much
+    of the spirit of kindness as poor ignorant Indians. The
+    Legislature has bound the poor Indians as they have. The
+    Indians would propose one thing. We have some white men here
+    who will smuggle rum, and sell it to the Indians, and as they
+    have no license, they ought to be stopped. We are happy to say
+    that many of our Indians are temperate, but we wish them
+    all to be, and we want some way to have a stop put to these
+    things, for these white men are ten times worse than any
+    of the Indians. I might name a Fuller, a Chadwick, and a
+    Richardson; we really wish that the honorable Legislature
+    would place guardians over them, to keep them from wasting our
+    property in this way. While I was absent, there was a man
+    that sued me for trespass, and tried the case without my
+    information. What kind of law is this? I had the liberty of
+    baiting my horse in a field. A man had rye in a field he did
+    not hire, but took it upon shares. My horse got in his rye,
+    but six cents would pay all the damage. But the action is not
+    damage, but trespass, and that done unknown to me.
+
+    It is impossible to give you the details of wrongs imposed
+    upon the Indians. We are to be accused by our enemies, tried
+    by them, and condemned by them. We can get redress no where,
+    unless we trouble the government all the while, and that we
+    are delicate to do.
+
+    Now we believe that some of these things published abroad
+    would do good, and we should have more peace.
+
+    Yours, most obediently."
+
+    We have received another communication from Marshpee, upon the
+    same subject.
+
+    "Having seen several articles in your paper, relating to
+    the Marshpee tribe, we perceive that your paper is free, not
+    muzzled. Marshpee Indians speak for themselves. It is not to
+    be doubted but that the public would like to hear the Indians
+    speak for themselves. It has been represented that the Indians
+    were troublesome, and war-like movements were among us. If to
+    make an inquiry into our rights by us, is war-like, so it is.
+    Otherwise than this we know nothing about it, and we know of
+    none that has a disposition to shed blood. It is true that
+    the day the Hon. J.J. Fiske, of the Governor's Council,
+    was present with us, in a council at the meeting-house, the
+    Indians, three in number, were out in the morning, hunting
+    deer, and when they came to the meeting-house, they had their
+    business to attend to, and could not conveniently go four or
+    five miles to put up their muskets, neither did we see the
+    propriety of their so doing. We believe that a just man would
+    not have trembled at an old rusty musket.
+
+    We are hard to believe, that any people, served as we have
+    been here, would more kindly submit to it, than we have. We
+    think now we have submitted long enough, and we thought it no
+    crime to look, or ask after our rights. But we found our
+    white neighbors had thrown their chains of interest around our
+    principal stock, so much so that we began to think they soon
+    would drag both interest and principal all away. And no wonder
+    they began to cry out, when they saw that the Indians were
+    likely to unhook their chains, and break their hold. We
+    believe white men had more war in their hearts than any of the
+    Indians.
+
+    We are willing to hint a few things. We thought white men
+    would do well, that they were trusty. We doubt not but what
+    they be among themselves; but we scarcely believe that they
+    care much for the poor Indians, any further than what they can
+    get out of them. It is true we have land in Marshpee. We can
+    stay upon it; but we have had to pay one dollar per cord, to
+    the overseers, for our own wood, and take it or carry it
+    just where these men said. Our meadows were taken from us and
+    rented out to white people, our pastures also. About twelve
+    hundred cords of our wood has been cut the last year, and we
+    judge the minister has cut one hundred and fifty cords for his
+    share. And in a word, they did as they pleased. The poor could
+    get a pound of meat, or a half peck of corn, and one quart of
+    molasses for two weeks. Much might be said, but we forbear.
+    It is true that we have had a preacher, but we do not believe
+    that he cares any thing about us. Neither had we any hand in
+    his settlement over us. To be sure, he likes to stay with us,
+    but we think it is because he gets so much good pay. But five
+    or six adult persons attend his preaching, there being _not
+    one Indian male_ belonging to his church. This gentleman has
+    cut much wood, to the dissatisfaction of the Indians; and it
+    is true they have passed resolutions that they will not hear
+    him preach. Yet he wants to stay with us.
+
+    Interest men tremble and threaten, but we fear not, and
+    sincerely hope they will soon tremble before God, and prepare
+    to meet their Judge, who will do right, and who will have no
+    regard for skins or color.
+
+        THINK OF THE INDIANS.
+
+We turn from this judicious and liberal article, to one that is less
+favorable. It is from the Barnstable Journal, of August 22, 1833.
+
+    THE INDIANS.
+
+
+    We learn from South Sandwich that the Indians, constituting
+    the Marshpee tribe, intend to petition at the sitting of the
+    next Legislature, for a redress of grievances, and a revision
+    of the code of laws by which they are governed. The recent
+    revolt among them, and the measures adopted to make known
+    their situation and treatment, by themselves, and by those who
+    have avowed their friendship toward them, (its validity time
+    will determine,) gave rise to considerable excitement. An
+    inquiry into the state of affairs was instituted, which
+    terminated, as far as we have been able to learn, to the
+    satisfaction of those employed in the investigation, that
+    some of the evils under which they are labouring are real,
+    and rendered so by the laws of the Commonwealth, but many
+    imaginary. We do not doubt that the state of society among
+    them is low and degraded, comparatively speaking, but what
+    contributes to keep them in this situation we are unable to
+    say, unless it be, that the plantation has been a resort of
+    the vagrant, the indolent, and those whom refined society
+    would not allow among them. If this is the case, and we
+    believe it has been, something should be done, either among
+    the Indians, or by the Legislature, to remedy the evil.
+    We have understood also, that certain individuals, located
+    contiguous to the plantation, retail ardent spirits to them
+    in quantities as large as they are able to pay for. If this be
+    the fact, such men should be ferreted out, and in justice to
+    the Indians, to the community about them, and to the laws of
+    the land, they should be made to suffer, by being exhibited to
+    public derision, and by the penalty of the act prohibiting
+    the retail of spirits. If they have not the power, and no one
+    feels willing to go forward in shutting up these poisonous
+    springs, give them the power, and if they do not exercise it,
+    let them suffer.
+
+    Mr. Apes is among them, and attended the "Four Days Meeting,"
+    held during the present month, which we are told was managed
+    with good order and regularity.
+
+The writer here says that the Indians are vile and degraded; and
+admits that they can be improved. He gives no explanation of the
+causes of their degradation. If the reader will take the trouble to
+examine the laws regarding the Marshpees, he will see those causes of
+the inevitable and melancholy effect, and, I am sure, will come to
+the conclusion that any people living under them must necessarily be
+degraded. The Journal, however, does us the small justice to admit,
+that we are not so degraded but that we can hold a meeting of four
+days duration, with propriety and moderation. What, then, might we not
+do, were proper pains taken to educate us.
+
+The next two extracts are from the Boston Advocate of September 10 and
+11, 1833.
+
+    THE MARSHPEE INDIANS.
+
+
+    We are mortified for the honor of the State, to learn from
+    Barnstable County, that the Court of Common Pleas and Sessions
+    there, (Judge Cummins,) have tried and convicted William Apes
+    and six Indiana of the Marshpee tribe, upon charges connected
+    with the efforts of the Indiana to obtain justice from their
+    white masters. Apes is very popular with the Indians, and
+    this persecution of him, which at least was unnecessary, will
+    inflame them the more.
+
+    The papers say the conviction was for _riot_. This cannot
+    be, for there was no riot, and no riot act read. Apes and
+    his associates prevented a man from carrying wood off the
+    plantation. They were, perhaps, wrong in doing so, but the
+    law which takes this wood from the Indian proprietors, is as
+    unjust and unconstitutional as the Georgia laws, that take the
+    gold mines from the Cherokees. Could the question of property
+    have been tried, the act of stopping their own wood, by the
+    Indians, could not have been made even trespass, much less
+    riot. It is said that Apes and the rest were indicted under
+    some obsolete law, making it a misdemeanor to conspire against
+    the laws. We have looked for such an act, but cannot find it
+    in the Statute Book.
+
+    At any rate, law or no law, the Indians were indicted and
+    convicted. They were tried by their opponents, and it would be
+    impossible to get justice done them in Barnstable County. An
+    impartial jury could not be found there. It is the interest of
+    too many to keep the Indians degraded. We think the conviction
+    of these Indians is an act of cruelty and oppression,
+    disgraceful to the Commonwealth. The Marshpee Indians are
+    wronged and oppressed by our laws, nearly as much as ever the
+    Cherokees were by the Georgians. But it is useless to call for
+    the exercise of philanthropy at _home_. It is all expended
+    _abroad_.
+
+    An attempt was made to indict some of the white harpies, who
+    are selling rum to the Indians, without license. Those men got
+    clear, and are still suffered to prey on the poor Indians;
+    but to stop a load of wood, which in reality belonged to the
+    Indians themselves, was an outrage which the Court were ready
+    enough to punish! Is it creditable to let the _white_ spiders
+    break through the laws, while we catch and crush the poor
+    Indian flies?
+
+
+    THE INDIANS.
+
+    William Apes and the Marshpee Indians, who were tried before
+    the Court of Common Pleas, in Barnstable County, were ably
+    defended by Mr. Sumner, of this city. Apes was sentenced by
+    Judge Cummings, to thirty days imprisonment in the common
+    jail. One other was sentenced to ten days imprisonment, and
+    the rest were not tried. When the sentence was pronounced,
+    several Indians who were present, gave indications of
+    strong excitement at what they conceive to be a tyrannical
+    persecution. It is much to be feared, that this unnecessary
+    and apparently vindictive course, pursued by the overseers
+    and their friends, after the Indians had become quiet, and
+    resolved to wait patiently for redress from the Legislature,
+    will inflame them to acts of violence, and give the whites,
+    who wish to oppress them, further advantages over them.
+
+    We have visited the greater part of the tribe recently, in
+    their own dwellings, and we know how strongly and unanimously
+    they feel upon the subject of what they really believe to be,
+    their slavery to the overseers. If, therefore, the course we
+    have pursued, and mean to pursue, in laying their claims to
+    justice before the public, entitles us to be listened to as
+    a friend, we beg them to abstain from all acts which violate
+    even the unjust and hard laws by which they are now held
+    in bondage. Resistance will furnish their enemies with the
+    strongest weapons against them, and discourage their friends.
+    Let them endure patiently, till the next Legislature meets,
+    and if there is any virtue or honesty in our public men, the
+    rights of the Marshpee Indians will be secured.
+
+    In our last article we said that it was impossible for the
+    Indians to have an impartial jury in Barnstable. We did not
+    mean that this arose from all the whites being opposed to
+    the Indians. They have many friends in Barnstable County, who
+    think them deeply injured, and who have no interest in keeping
+    them degraded, in order to enjoy the privileges which too many
+    whites now have, at the expense of the tribe. We alluded to
+    the influences that would be used upon the jury, as in
+    the case of Apes, where we learn, that three individuals,
+    favorable to the Indians, but having formed no opinion in that
+    case, were excluded from the regular jury. One of them was set
+    aside, for saying he thought the Indians ought to be free. We
+    are still at a loss to know under what law these Indians were
+    found guilty of riot, in preventing their own wood from
+    being carried off their own land. Where are all our Cherokee
+    philanthropists, at this time?
+
+The injustice of the proceedings of the Barnstable Court of Common
+Pleas and Sessions, is here fitly exposed. In empanelling the jury, it
+is certain that no name of one favorably inclined toward the Indians
+was selected, and there are many who do not scruple to say, that it
+was the determination of the Court to condemn them, right or wrong.
+Nevertheless, it appeared from the evidence brought, that no fear or
+alarm whatever had been occasioned to the complainants; and that all
+they had to complain of was having been hindered from taking away the
+Marshpees' wood.
+
+It may not be amiss to say here, that when the honorable Judge said he
+thought it would be well to postpone the case till the next session,
+the District Attorney, Mr. Warren, replied that he did not think it
+would be proper, because such a course would involve the Commonwealth
+in extra expense. I should like to ask what thanks are due to
+the learned gentleman from the Commonwealth, for subjecting it to
+continued reproach and disgrace for the sake of a few dollars. Or, can
+it be that there is no disgrace in persisting in wrong toward Indians?
+Let those who think so, think so still; but there are many who think
+otherwise, and there is one above who knows that they think rightly.
+
+When the witnesses and the pleadings had been heard, the jury retired,
+for the sake of decency, and presently returned with a verdict of
+_guilty_. I thought that his Honor appeared to be pleased with it. The
+judgment was suspended about two hours, when the Court again sat, and
+the matter was called up. There was not a little said concerning
+the case. Messrs. Reed, Sumner, Holmes and Nye, of Yarmouth, Boston,
+Rochester, and Sandwich, all professional men, were opposed to the
+course pursued by the Court, and thought that an exposition of the
+law to us and reprimand would be productive of a better effect, than
+imprisonment, or other severe punishment, which they justly believed
+would do no good whatever. Their judgment has since been confirmed by
+public opinion, and by the acts of the Legislature.
+
+Since this affair took place, I have been kindly informed by a
+gentleman of Barnstable, that my punishment was not half severe
+enough. I replied that, in my mind, it was no punishment at all; and I
+am yet to learn what punishment can dismay a man conscious of his own
+innocence. Lightning, tempest and battle, wreck, pain, buffeting and
+torture have small terror to a pure conscience. The body they may
+afflict, but the mind is beyond their power.
+
+The gentleman above mentioned, and one other, have frequently said to
+the Marshpees, "If you will only get rid of Apes, and drive him off
+the plantation, we will be your friends." This has been their continued
+cry since I began to use my poor endeavors to get the Indians righted;
+and if it is not now universally believed that it is impossible to
+benefit and befriend the Indians while I am among them, it is not
+because they have spared any pains to propagate the doctrine. One
+would think, to hear these gentlemen talk, that they have a strong
+desire to benefit the Marshpees; and the question naturally arises,
+what steps they would take to this end, if they had the power. If
+we are to judge of the future by experience of the past, we may
+reasonably suppose that they would profit the tribe, by getting
+possession of their property, and making their own advantage of it.
+
+The Taunton Gazette found fault with the government of the
+Commonwealth, for having placed the Marshpees under its laws contrary
+to their wish and consent, and denies its right so to do. This may
+be considered as in some degree indicative of the feeling of the good
+people of Taunton; and there are many other towns in Massachusetts
+where a kindly feeling is entertained for our persecuted race. We
+believe the wish to relieve us from bondage is general throughout the
+State, and we earnestly hope that a few designing men will not be able
+to accomplish their selfish ends, contrary to the will of a majority
+of the people.
+
+The next article is from the Boston Advocate, of December 4, 1833.
+
+    TEMPERANCE AMONG THE INDIANS AT MARSHPEE.
+
+
+    The Indians met upon the 11th of October to take into
+    consideration the cause of temperance, and to investigate the
+    evils that King Alcohol has practised upon us, by infusing
+    into our heads fancied riches, fame, honor, and grandeur,
+    making us the sovereigns of the whole earth. But having been
+    so often deceived, beat, abused and tyrannized over, and
+    withal cheated, and robbed, and defrauded by this tyrant, and
+    to cap the climax, almost deprived of our senses, burnt and
+    nearly frozen to death, and all our expectations cut off as
+    to the comforts of life, it was agreed upon, (after an
+    appropriate address from the Rev. William Apes, setting forth
+    the evils of intemperance and its awful effects in wasting
+    away our race, like the early dew, before the morning sun,)
+    by our most influential people to attack this mighty champion,
+    and if possible, overcome him, and shut him up in prison, and
+    set a seal upon him, that he shall deceive our nation no more.
+    Accordingly a Temperance Society was formed, and the following
+    officers were elected: Rev. William Apes, President; Rev.
+    Joseph Amos, Vice President; Dea. I. Coombs, and Thomas
+    Hush, Recording Secretaries; Dea. C. Hinson, Corresponding
+    Secretary; Executive Committee, Oakes Coombs, Joseph Tobey,
+    Frank Hicks. Forty-two of the tribe united in the pledge of
+    Temperance.
+
+    Nov. 14. We met again, and the President again addressed the
+    meeting, much to the satisfaction of the people. After which
+    many others gave spirited addresses, setting forth the evils
+    of intemperance, in a most pathetic manner. It has caused a
+    wonderful effect, and our brethren are enlisting to take hold
+    and shut up our great enemy in prison, and choke him to death
+    by total abstinence. Friends of Temperance help.
+
+    The Society passed the following resolutions:
+
+    _Resolved_, That we will not countenance the use of ardent
+    spirits among us, in any way whatever; and that we will do
+    all in our power to suppress it. That we will not buy it
+    ourselves, nor suffer it to be in our houses, unless ordered
+    by a physician.
+
+    _Resolved_, That this Society shall meet monthly, to regulate
+    itself, and if any one is found to break their pledge, the
+    same shall be excluded, without speedy repentance.
+
+    _Voted_, That the above be printed. Sixty-one is found upon
+    our list.
+
+        CHRISTOPHER HINSON, _Cor. Sec'y_.
+
+        _Marshpee, Nov. 15_.
+
+It appears from this that Indians can be temperate, and have a
+disposition and desire to benefit themselves. It shows, too, that
+they are capable of organizing societies, and taking care of their own
+concerns, as well, to say the least, as any equal number of persons in
+the Commonwealth; for they certainly feel more strongly interested for
+themselves than others can be for them.
+
+It will be seen that little was done concerning our tribe, from
+the session of the Court at Barnstable up to the meeting of the
+Legislature, though the opposition to us had wealth, talent and power
+in its ranks. Clergymen, lawyers, physicians, counsellors, Governor,
+senators, and representatives were arrayed against us; and we
+Marshpees account all who opposed our freedom, as tories, hostile
+to the constitution, and the liberties of the country. This is our
+sincere opinion of them, and it is to us a thing inexplicable that his
+Excellency, the then Governor, should have seen fit to place himself
+at their head.[8] We desire to thank our Maker that they found
+themselves in the minority of the people, and fell in the esteem of
+Christian and benevolent persons who heard of their conduct. We thank
+the majority of the controllers of public affairs, that they had
+more sense than to think of holding the rightful lords of the soil in
+bondage any longer, for the gratification of selfish and unjust
+men. Honorable is it to Massachusetts that there are enough good and
+upright men in authority, to counteract the measures of those of a
+different character, and remedy the evils they may occasion.
+
+I shall now proceed to present to my brethren, an Indian's appeal to
+them, and the laws framed by the Legislature for the oppression and
+moral and political destruction of the Marshpees in by-gone days.
+My comments thereupon will be omitted, because, should I say all
+the subject suggests, it would swell my book to a bulk that would be
+wearisome to the reader.
+
+    AN INDIAN'S APPEAL TO THE WHITE MEN OF MASSACHUSETTS.
+
+
+    As our brethren, the white men of Massachusetts, have recently
+    manifested much sympathy for the red men of the Cherokee
+    nation, who have suffered much from their white brethren;
+    as it is contended in this State, that our red brethren,
+    the Cherokees, should be an independent people, having the
+    privileges of the white men; we, the red men of the Marshpee
+    tribe, consider it a favorable time to speak. We are not free.
+    We wish to be so, as much as the red men of Georgia. How will
+    the white man of Massachusetts ask favor for the red men
+    of the South, while the poor Marshpee red men, his near
+    neighbors, sigh in bondage? Will not your white brothers of
+    Georgia tell you to look at home, and clear your own borders
+    of oppression, before you trouble them? Will you think of
+    this? What would be benevolence in Georgia, the red man thinks
+    would be so in Massachusetts. You plead for the Cherokees,
+    will you not raise your voice for the red man of Marshpee?
+    Our overseers are not kind; they speak, you hear them. When we
+    speak for ourselves, our voice is so feeble it is not heard.
+
+    You think the men you give us do us good, and that all is
+    right. Brothers, you are deceived; they do us no good. We
+    do them good. They like the place where you have put them.
+    Brothers, our fathers of this State meet soon to make laws;
+    will you help us to enable them to hear the voice of the red
+    man?
+
+        _Marshpee, Dec. 19, 1833_.
+
+This appeal was published in several of the public prints, in order to
+make our dissatisfaction manifest.
+
+The next extract is from the Boston Advocate, and shows what
+opposition was made to the reading of our petition in the House of
+Representatives. The article says all that can be said for itself.[9]
+
+    PETITION OF THE MARSHPEE TRIBE OF INDIANS.
+
+
+    Yesterday morning, in the House, Mr. Cushing of Dorchester,
+    presented the petition of the Proprietors and inhabitants of
+    the Marshpee Plantation, signed by 79 males and 92 females on
+    the plantation, and in behalf of 79 males and 37 females, who
+    are absent from the plantation, and say they will not return
+    to live under the present laws, in all 287: praying for the
+    privilege to manage their own property; for the abolition of
+    the overseership, that they may be incorporated as the town of
+    Marshpee, with the right to make municipal regulations; that
+    one or more Magistrates may be appointed among them; and for a
+    repeal of the existing laws relating to their tribe, with the
+    exception of the law preventing their selling their lands,
+    which they pray may be retained; and for a redress of
+    grievances.
+
+    [The Memorial sets forth in detail, the complaints of the
+    tribe, and was drawn up among themselves, without assistance.
+    It is represented here by Deacon Coombs, Daniel Amos, and
+    William Apes, all of them well informed Indians, who
+    are deputed by the tribe, and were present in the House
+    yesterday.]
+
+    Mr. Cushing moved that the petition be read and referred to a
+    special Committee, to be joined by the Senate.
+
+    Mr. Swift of Nantucket, said there was a statement to be
+    made from the Governor and Council, on the subject of the
+    difficulties with the Indians, and he hoped the petition would
+    be laid on the table without being read.
+
+    Mr. Allen of Pembroke, hoped the motion to read the petition
+    would not prevail. We should have in a few days a statement
+    from the Governor and Council, and he hoped nothing would be
+    done until that was received, to prejudice the House.
+
+    Mr. Cushing of Dorchester, was not aware that any objections
+    could be made to the reading of the petition, which he
+    considered as a matter of course; nor could he see how a
+    knowledge of the matter could prejudice the House. He presumed
+    the House would not take upon itself to refuse to hear the
+    petition of the humblest individual, and he did not fear that
+    they could not control their minds so far as to be ready to
+    give a fair hearing to the other side. The intimation that
+    some document was to come from another source, did not go at
+    all to show that the petition ought not to be read. Whether
+    the statement which gentlemen said was to be made, was in aid
+    or explanation of the petition did not appear, but the subject
+    was before the House, and ought to receive the attention due
+    to it.
+
+    Mr. Lucas of Plymouth, said (as far as we could hear him) that
+    the difficulty in the Marshpee tribe had been caused by an
+    itinerant preacher, who went there and urged them to declare
+    their independence. They proceeded to extremities, and the
+    Governor and Council sent a commissioner to examine the
+    affair, and he made a report to the Council, and until that
+    was heard, he hoped nothing would be heard from the Indians.
+    It ought first to come before the House. The petition
+    originated no doubt, from the itinerant preacher, who had been
+    pouring into their ears discontent until they had a riot, and
+    the rioters were prosecuted with the preacher among them,
+    and he was convicted and imprisoned. Whether any of the
+    petitioners were among those rioters or not, he did not know.
+
+    Mr. Allen of Pembroke, said he had not heard the gentleman
+    from Plymouth. It was not his wish to prevent the petitioners
+    being heard at a proper time, but he thought the House ought
+    to hear the other side, before any course was taken.
+
+    Mr. Robinson of Marblehead, hoped that the attempt would not
+    be persisted in, to withhold from these Indians the common
+    indulgence of having their petition read.
+
+    Mr. Loring of Hingham, understood that this was the same
+    petition which went before the Governor and Council, [Mr. L.
+    was misinformed; It is a different petition,] and as it was
+    very long, it would take up time unnecessarily to read it. He
+    hoped it would be laid on the table.
+
+    Mr. Allen of Worcester, thought those who opposed the reading
+    were in fact increasing the Importance of the petition by that
+    course. If the House should refuse to hear it read, a
+    course he did not remember had ever been adopted toward any
+    respectful petition, from any quarter, it would become a
+    subject of much more speculation than if it took the ordinary
+    course.
+
+    Mr. H. Lincoln of Boston, was surprised to hear an objection
+    raised to the reading of this petition. It was due to the
+    character of the House, and to our native brethren the
+    petitioners, whose agents were here on the floor, that they
+    should be heard, and heard patiently. He hoped that out of
+    respect to ourselves, and from justice to the petitioners,
+    their petition would find every favor, which in justice ought
+    to be extended to it.
+
+    Mr. Swift of Nantucket, again urged that the petition ought
+    not to be read, until the report from the Governor and Council
+    was first heard.
+
+    Mr. Chapman.--The petitioners have a constitutional right to
+    be heard. I know not of what value that provision is which
+    gives a right to petition, if the House can refuse to hear the
+    petition. They do not ask for action, but to be heard. It can
+    be read and laid on the table. So long as I hold a seat in
+    this House, my hand shall be raised to give a hearing to the
+    humblest individual who presents a petition for redress of
+    grievances.
+
+    Mr. Loring of Hingham hoped the idea could not be entertained
+    that they wished to throw this subject out of the House. He
+    wanted the whole subject should be brought up, and not that
+    this petition should go in first. It was not his wish to
+    prevent the petitioners being heard.
+
+    The Speaker put the question, shall the petition be read? and
+    it was carried in the affirmative, nearly every hand in the
+    House being raised. In the negative we saw but five hands. The
+    petition was then read by the Speaker.
+
+    Mr. Roberts of Salem moved that it be laid on the table and
+    printed for the use of the House, as there must be a future
+    action of the House upon it. The motion was carried without
+    objection.
+
+    The attempt to prevent the petition of the Marshpee Indians
+    from being read, was repelled in the House with an unanimity
+    which shows the value the Representatives place upon the right
+    of petitioning. The poor Indians are without advice or counsel
+    to aid them, for they have no means to fee lawyers, but they
+    will evidently find firm friends in the House ready to do them
+    justice. This is no party question. It involves the honor of
+    the State. Let all be done for them that can be wisely done
+    in a spirit of paternal kindness. Let it not be shown that our
+    sympathy for Indians extends only to those at the South, but
+    has no feeling for our own.
+
+       *       *       *       *       *
+
+    [_From the same_.] THE MARSHPEE INDIANS.
+
+
+    The laws which regulate this remnant of a once powerful tribe
+    of Indians, are not familiar to many, and it is one great
+    defect in the present system, that these laws are so difficult
+    of access, and so complex that the Indians neither know nor
+    comprehend them; and it cannot be expected that they should
+    live contentedly under oppressive regulations which they do
+    not understand. Should any new laws be passed, they ought to
+    be as simple as possible, and be distributed for the use of
+    the Indians.
+
+    By the Act of 1788, Ch. 38, Vol. 1 of Laws, page 342, new
+    provisions were made, the previous act of 1788, Ch. 2, being
+    found insufficient "to protect them and their property against
+    the arts and designs of those who may be disposed to take
+    advantage of their weakness." The wisdom of the whites, at
+    that time, invented the following provisions for that purpose:
+
+    SECTION 1. A Board of five Overseers was established,
+    (afterwards reduced to three,) two to be inhabitants of
+    Barnstable County, and three from an adjoining County. (Now
+    two are inhabitants of Barnstable and one of Plymouth County.)
+    These Overseers were vested with full power to regulate the
+    police of the plantation; to establish rules for managing
+    the affairs, interests and concerns of the Indians and
+    inhabitants. They may improve and lease the lands of the
+    Indians, and their _tenements_; regulate their streams, ponds
+    and fisheries; mete out lots for their particular improvement;
+    control and regulate absolutely, their bargains, contracts,
+    wages, and other dealings, take care of their poor, and bind
+    out their children to suitable persons.
+
+    The Overseers are directed to hold stated meetings, elect a
+    moderator, secretary and treasurer, and may appoint and
+    remove guardians over any of the Indians, to act under the
+    the Overseers, and to carry their regulations into effect, the
+    guardians to give bonds to the Overseers.
+
+    By section 2, the Overseers or the guardians they appoint have
+    power to demand and receive all property or wages owing to
+    said Proprietors or any of them, by any person, and may sue in
+    their own names for its recovery, or for any trespass, fraud
+    or injury done to their lands or them. They may settle all
+    accounts and controversies between the Indians or any white
+    person, for voyages or any services done by them, and may bind
+    the children of poor proprietors by indenture, to suitable
+    persons.
+
+    SECT. 3. No lease, covenant, bond or bargain, or contract in
+    writing, is of any validity unless approved by the Overseer or
+    guardian; and no Indian proprietor can be sued for any goods
+    sold, services done, &c. or for money, unless the account is
+    first approved by the Overseers.
+
+    [This, it is said, enables the Overseers to sanction the
+    accounts of those who sell to the Indians upon the expectation
+    of obtaining the favor of the Overseers, and opens a door for
+    connivance.]
+
+    SECT. 4. The Overseers are to keep a fair account of all
+    monies, wages, &c. they receive, and all proceeds of the
+    plantation, and shall distribute to the proprietors their
+    respective shares and dues, after deducting reasonable expense
+    of conducting their business, _paying their just debts_, (of
+    which the Overseers are made the judges,) and providing for
+    the sick and indigent, from the common profits, and reserving
+    such sums as can be spared conveniently, for the support of
+    religious instruction, and schooling children. The accounts to
+    be laid before the Governor annually. The Governor and Council
+    appoint the Overseers and displace them at pleasure.
+
+    SECT. 5. The Indian Proprietors are prohibited giving any one
+    liberty to cut wood, timber or hay, to milk pine trees, carry
+    off any ore or grain, or to plant or improve any land
+    or tenement, and no such liberty, unless approved by the
+    Overseers, shall bar an action on the part of the Overseers to
+    recover. The lands shall not be taken in execution for debt,
+    and an Indian committed for debt may take the poor
+    debtor's oath, his being a _proprietor_ to the contrary
+    notwithstanding.
+
+    The last act relating to this tribe, was passed Feb. 18, 1819,
+    Chap. 105, 2d vol. of Laws, page 487. It provides that no
+    person thereafter shall be a proprietor of the Plantation,
+    except a child or lineal descendant of some proprietor, and in
+    no other way shall this _right_, as it is called, be acquired.
+    Other inhabitants are called members of the tribe.
+
+    The Overseers are to keep a record of names, or census, of all
+    who are proprietors, and all who are residents or members of
+    the tribe, a return of which is to be made to the Governor the
+    last of December.
+
+    The Overseers, in addition to all former power, are invested
+    with all the powers and duties of guardians of the Indians,
+    whenever such office of guardian shall be vacant. [A very
+    blind provision, by the way, which it may be as difficult for
+    white men as for Indians to understand.]
+
+    Any person selling ardent spirits to an Indian, without
+    a permit in writing from the Overseer, from some agent of
+    theirs, or from a respectable physician, may be fined not more
+    than fifty dollars, on conviction; and it shall be the duty
+    of the Overseer to give information for prosecuting such
+    offenders.
+
+    The Overseers may bind out to service, for three years at
+    a time, any proprietor or member of the tribe, who in their
+    judgment has become an habitual drunkard and idler, and they
+    may apply his earnings to his own support, his family's, or
+    the proprietors generally, as they think proper.
+
+    All real estate acquired or purchased by the industry of the
+    proprietors and members, (meaning of course without the limits
+    of the plantation,) shall be their sole property and estate,
+    and may be held or conveyed by deed, will, or otherwise.
+
+    If any Indian or other person shall cut or take away any wood,
+    timber, or other property, on any lands _belonging_ to the
+    proprietors or members, which is not set off; or if any person
+    not a proprietor or member, shall do the same on lands that
+    have been set off, or commit any other trespass, they shall
+    be fined not over $200, or imprisoned not over two years.
+    The Indians are declared competent witnesses to prove the
+    trespass. No Indian or other person is to cut wood without
+    a permit in writing, signed by two Overseers, expressing the
+    quantity to be cut, at what time and for what purpose; and the
+    permit must be recorded in their proceedings before any wood
+    or timber shall be cut.
+
+    [Of this provision, the Indians greatly complain, because it
+    gives them no more privilege in cutting their own wood than a
+    stranger has, and because under it, as they say, the Overseers
+    oblige them to pay a dollar or more a cord for all the wood
+    they are permitted to cut, which leaves them little or no
+    profit, and compels the industrious to labour merely for
+    the support of the idle, while the white men, who have their
+    teams, vessels, &c. can buy their permits and cut down the
+    wood of the plantation in great quantities, at much greater
+    profit than the Indian can do, who has nothing but his axe,
+    and must pay these white men a dollar or more for carting his
+    wood, and a dollar or more to the Overseers, thus leaving him
+    not enough to encourage industry.]
+
+    All accounts of the Overseers are to be annually examined by
+    the Court of Common Pleas for Barnstable, and a copy sent by
+    the Overseers to the Governor.
+
+    Any action commenced by the Overseers, does not abate by their
+    death, but may be prosecuted by the survivors.
+
+    All fines, &c. under the act, are to be recovered before
+    Courts in Barnstable County, one half to the informer, and the
+    other to the State. These are all the provisions of the law
+    of 1819, and these are the provisions under which the tribe is
+    governed.
+
+As I suppose my reader can understand these laws, and is capable of
+judging of their propriety, I shall say but little on this subject, I
+will ask him how, if he values his own liberty, he would or could rest
+quiet under such laws. I ask the inhabitants of New England generally,
+how their fathers bore laws, much less oppressive, when imposed upon
+them by a foreign government. It will be at once seen that the third
+section takes from us the rights and privileges of citizens _in toto_,
+and that we are not allowed to govern our own property, wives
+and children. A board of overseers are placed over us to keep our
+accounts, and give debt and credit, as may seem good unto them.
+
+At one time, it was the practice of the Overseers, when the Indians
+hired themselves to their neighbors, to receive their wages, and
+dispose of them at their own discretion. Sometimes an Indian bound
+on a whaling voyage would earn four or five hundred dollars, and
+the shipmaster would account to the overseers for the whole sum. The
+Indian would get some small part of his due, in order to encourage
+him to go again, and gain more for his white masters, to support
+themselves and educate their children with. And this is but a specimen
+of the systematic course taken to degrade the tribe from generation
+to generation. I could tell of one of our masters who has not only
+supported himself and family out of the proceeds of our lands and
+labors, but has educated a son at College, at our expense.
+
+It is true that if any Indian elected to leave the plantation, he
+might settle and accumulate property elsewhere, and be free; but if he
+dared to return home with his property, it was taken out of his hands
+by the Board of Overseers, according to the unjust law. His property
+had no more protection from their rapacity than the rest of the
+plantation. In the name of Heaven, (with due reverence,) I ask,
+what people could improve under laws which gave such temptation and
+facility to plunder? I think such experiments as our government have
+made ought to be seldom tried.
+
+If the government of Massachusetts do not see fit to believe me, I
+would fain propose to them a test of the soundness of my reasoning.
+Let them put our white neighbors in Barnstable County under the
+guardianship of a Board of Overseers, and give them no privileges
+other than have been allowed to the poor, despised Indians. Let them
+inflict upon the said whites a preacher whom they neither love nor
+respect, and do not wish to hear. Let them, in short, be treated
+just as the Marshpee tribe have been, I think there will soon be a
+declension of morals and population. We shall see if they will be able
+to build up a town in such circumstances. Any enterprising men who may
+be among them will soon seek another home and society, which it is not
+in the power of the Indians to do, on account of their color. Could
+they have been received and treated by the world as other people are,
+there would not be so many living in Marshpee as there are by half.
+
+The laws were calculated to drive the tribe from their possessions,
+and annihilate them, as a people; and I presume they would work the
+same effect upon any other people; for human nature is the same under
+skins of all colors. Degradation is degradation, all the world over.
+
+If the white man desired the welfare of his red brethren, why did he
+not give them schools? Why has not the State done something to supply
+us with teachers and places of instruction? I trow, all the schooling
+the Marshpee people have ever had, they have gotten themselves. There
+was not even a house on the plantation for the accommodation of a
+teacher, till I arrived among them. We have now a house respectable
+enough for even a white teacher to lodge in comfortably, and we are in
+strong hopes that we shall one day soon be able to provide for our own
+wants, if the whites will only permit us to do so, as they never have
+done yet. If they can but be convinced that we are human beings, I
+trust they will be our hindrance no longer.
+
+I beg the reader's patience and attention to a few general remarks. It
+is a sorrowful truth that, heretofore, all legislation regarding the
+affairs of Indians, has had a direct tendency to degrade them, to
+drive them from their homes, and the graves of their fathers, and
+to give their lands as a spoil to the general government, or to the
+several States. In New England, especially, it can be proved that
+Indian lands have been taken to support schools for the whites, and
+the preaching of the gospel to them. Had the property so taken been
+applied to the benefit of its true owners, they would not and could
+not have been so ignorant and degraded a race as they now are; only
+forty-four of whom, out of four or five hundred, can write their
+names. From what I have been able to learn from the public prints and
+other sources, the amount annually derived to the American people,
+from Indian lands is not far from six millions, a tax of which they
+have almost the sole benefit. In the mean while, we daily see the
+Indian driven farther and farther by inhuman legislation and wars,
+and all to enrich a people who call themselves Christians, and are
+governed by laws derived from the moral and pious puritans. I say
+that, from the year of our Lord 1656, to the present day, the conduct
+of the whites toward the Indians has been one continued system of
+robbery.
+
+I suppose many of my readers have heard of the late robbery at
+Barnegat, and are ready to say, that the like has never been known in
+this country, and seldom in any other. Now, though two-thirds of the
+inhabitants, not excluding their magistrates, have been proved to
+be thieves, I ask, was their conduct worse, or even so bad as that
+constantly practised by the American people toward the Indians? I say
+no; and what makes the robbery of my wronged race more grievous is,
+that it is sanctioned by legal enactments. Why is it more iniquitous
+to plunder a stranded ship than to rob, and perhaps murder, an Indian
+tribe? It is my private opinion that King Solomon was not far wrong
+when he said, "Bring up a child in the way he should go, and when
+he is old he will not depart from it." He might have said with equal
+propriety, "in the way he should _not_ go." I am sorry that the
+puritans knew no better than to bring up their children to hate and
+oppress Indians. I must own, however, that the children are growing
+something better than their fathers were, and I wish that the children
+of Barnegat had had better parents.
+
+The next matter I shall offer is in two more articles from the Boston
+Advocate. The first is by the Editor.
+
+
+    THE INDIANS.
+
+
+    The arms of the State of Massachusetts, which appear at the
+    head of all official acts, and upon the seals of office, are
+    an Indian with his bow and arrows. Over his head is an arm
+    holding the sword of Justice. Is this sword designed to
+    protect or oppress the Indians? The Legislature now have the
+    opportunity to answer this question, and as they answer, will
+    be the record in history. The principal community of Indians
+    in this State, the Marshpee tribe, have presented their
+    complaints before the Legislature. Though an unwise attempt
+    was made by some few of the Representatives from the
+    neighborhood of the Indians, to prevent the reading of their
+    petition, it was received with marked kindness by the House,
+    and ordered to be printed, a favor which the Indians did not
+    think of asking.
+
+    There is evidently a disposition in the House to prove that
+    our sympathies are not confined merely to the Georgia Indians,
+    for political effect.
+
+    MR. HALLETT,
+
+    I perceive that your paper has spoken a good word now and then
+    for the native Indians of Massachusetts. There is no class of
+    human beings in this State, who have more need of a candid and
+    humane advocate.
+
+    I do not know much about the remnants of a once noble and
+    hospitable race, and yet I know enough to make me grieve for
+    them, and ashamed of the State.
+
+    For about two hundred years, the laws have prohibited Indians
+    from selling their lands to whites, within this Commonwealth.
+    This restriction, designed originally to protect the natives
+    against fraud, has, upon the whole, had an unfavorable effect
+    upon their happiness. If they had been at liberty to dispose
+    of their land and depart with the proceeds, or even without
+    the proceeds, to seek some new location, they would in all
+    probability have been happier. Nor have these prohibitory laws
+    had even the poor effect to protect them from the rapacity
+    of their white neighbors. These have contrived to clip the
+    corners of those simple people, and to get hold of their
+    pleasant and fertile vallies in a very surprising manner,
+    considering the strictness of the law.
+
+    But the great ground of complaint is, that no native Indian,
+    or descendant, is allowed by us _to be a man, or to make
+    himself a man_, whatever may be his disposition and capacity.
+    They are all kept in a state of vassalage, under officers,
+    appointed sometimes by the Governor, and sometimes by
+    the Legislature. The spot of his own ground, which he
+    may cultivate, is annually rented out to the Indian by an
+    overseer; and provisions are doled out to the tribe according
+    to the discretion of _"Guardians," "Trustees,"_ &c. Their
+    accounts are presented to the Governor and Council, who allow,
+    and the Treasurer of the Commonwealth pays them as a matter of
+    course. I dare not say whether those accounts are in all cases
+    correct, or not. If they are, we ought to be thankful to
+    the honesty of the Trustees, &c. not to the wisdom of the
+    Legislature in providing checks upon fraud.
+
+    But the effect upon the _Indians_ is the great question. This
+    is decidedly bad. They are treated more like dogs than men. A
+    state of tutelage, extending from the cradle to the grave; a
+    state of utter dependence, breaks down every manly attribute,
+    and makes of human creatures, designed to walk erect, creeping
+    things.
+
+    But there is another very great evil, if I am rightly
+    informed, which calls loudly for the interposition of the
+    Legislature. The Marshpee and other Indian communities in
+    this State, are not included within the jurisdiction of any
+    incorporated town. The consequence is, that they are without
+    police, except what the Trustees and other officers appointed
+    by them, exercise. These officers never live among them;
+    and the consequence is, that the Indian grounds are so
+    many _Alsatias_, where the vagrant, the dissipated, and the
+    felonious do congregate. Nor is this the fault of the native.
+    It is the fault of their State; which, while it has demolished
+    Indian customs, has set up no regular administration of
+    municipal laws in their stead. Thus I am informed, that at
+    Gayhead, spirituous liquors are retailed without license, and
+    that _it is considered_ that there is no power which can reach
+    the abuse. There are many industrious and worthy people among
+    these natives, who are anxious for improvement, and to promote
+    the education and improvement of their people, but a degrading
+    personal dependence on the one hand, and the absence of nearly
+    all incentives and all power to do good on the other, keeps
+    them down.
+
+    The _paupers_ among these natives, who are at some seasons of
+    the year a majority or nearly all of them, are supported
+    by the State, and there must be a great opportunity and
+    temptation to the agents of the government to wrong these poor
+    people. The agents always have the ear of the government, or
+    rather they _are_ the government. The Indians have nobody to
+    speak for them. They are kept too poor to pay counsel. I think
+    it is not too much to say that almost any degree of injustice,
+    short of murder, might be done them without any likelihood of
+    their obtaining redress.
+
+    Why should not this odious, and brutifying system be put
+    an end to? Why should not the remaining Indians in this
+    Commonwealth be placed upon the same footing as to rights of
+    property, as to civil privileges and duties, as other men?
+    Why should they not _vote_, maintain schools, (they have
+    volunteered to do this in some instances,) and use as they
+    please that which is their own? If the contiguous towns
+    object to having them added to their corporations, let them
+    be incorporated by themselves; let them choose their officers,
+    establish a police; maintain fences and take up stray cattle.
+    I believe the Indians desire such a change. I believe they
+    have gone as far as they are allowed to introduce it. But they
+    are fettered and ground to the earth.
+
+    I am informed that many of the stoutest _whalers_ are produced
+    among our small Indian tribes. I am also informed, that they
+    are defrauded by the whites of a great part of their
+    wages, which would otherwise amount to large sums. If some
+    respectable men could be trained up and fostered among these
+    people, their intelligence and influence would be invaluable
+    to educate, protect and guide their seafaring brethren. Under
+    such auspices, they would, after the years of peril, return
+    and settle down with snug independence, be a blessing to their
+    brethren, and respectable in the sight of all. Now they are
+    so knocked about, so cheated, preyed upon and brutalized,
+    that they think of nothing, and _hope_ nothing, but sensual
+    gratifications; and in consequence, die prematurely, or live
+    worse than to die.
+
+    The Christian philanthropists of Massachusetts little know
+    the extent of evil, which there is in this respect. I entreat
+    them, I entreat the constituted authorities, to look to it.
+
+        WILLIAM PENN.
+
+I use these pieces chiefly because they partly correspond in truth
+and spirit with what I have already said. Let our friends but read the
+laws, and they will see what the sword of the Commonwealth is intended
+for. In the second article there is a grievous mistake. It says that
+the government has assisted us. The Marshpee Indians have always paid
+their full share of taxes, and very great ones they have been. They
+have defrayed the expense of two town meetings a year, and one of two
+of the white men whose presence was necessary, lived twenty-five miles
+off. The meetings lasted three or four days at a time, during which,
+these men lived upon the best, at our cost, and charged us three
+dollars a day, and twenty-five cents a mile, travelling expenses,
+going and coming into the bargain. This amounts to thirty-five dollars
+a trip; and as there were, as has already been said, two visitations a
+year, it appears that we have paid seventy dollars a year to bring one
+visitor, whose absence would have been much more agreeable to us than
+his presence. Extend this calculation to the number of seven persons,
+and the other expenses of our misgovernment, and perhaps some other
+expenditures not mentioned, and see what a sum our tax will amount to.
+
+The next article is from the Boston Advocate of December 27, 1833.
+
+
+    THE MARSHPEE INDIANS.
+
+
+    It was stated in the Barnstable Journal the other day, and has
+    been copied into other papers, that the Marshpee Indians
+    were generally satisfied with their situation, and desired no
+    change, and that the excitement, produced principally by
+    Mr. Apes, had subsided. We had no doubt this statement was
+    incorrect, because we had personally visited most of the
+    tribe, in their houses and wigwams, in August last, and found
+    but one settled feeling of wrong and oppression pervading the
+    whole; not a new impulse depending upon Mr. Apes or any other
+    man, but the result of the unjust laws which have ruled them
+    like a complete despotism.
+
+    The Overseers are not so much to blame as the laws. We doubt
+    not they have acted honestly; but, in the spirit of the laws,
+    they have almost unavoidably exercised a stern control over
+    the property and persons of the tribe. In fact the laws, as
+    they now stand, almost permit the Overseers, with impunity,
+    to sell the Indians for slaves. They can bind them out as they
+    please, do as they please with their contracts, expel them
+    from the plantation almost at will, and in fact use them
+    nearly as slaves. We do not think they have intentionally done
+    wrong to the Indians, but the whole system of government is
+    wrong; and hence the unalterable dislike the Indians have to
+    their Overseers. No better men could be appointed, that
+    we know of; but the best men must play the tyrant, if they
+    execute the present laws, designed as they are to _oppress_,
+    and not to protect the poor Indians.
+
+    We have known these Indians, from our youth up. They live near
+    our native home. The first pleasure we ever derived from the
+    exercise of benevolence, was in satisfying the calls of their
+    women and children for bread, at our father's door, and we
+    always found them kind hearted to those who were kind to
+    them. We have often met with them to worship in their rural
+    meeting-house, and have again and again explored with the
+    angling rod, the romantic stream, abounding with the nimble
+    trout, which courses through their plantation.
+
+    For those reasons, and these alone, we felt it our duty to
+    give them an opportunity to be heard through the columns of
+    our paper, while all others were closed to them, or cold to
+    their complaints. If we can do them any good, we shall have
+    a full reward in the act itself. We have it already in the
+    simple tribute of gratitude, which they have unexpectedly
+    bestowed upon our poor services.
+
+    They have sent us a communication, which is signed by the best
+    men in the tribe. We know most of these names, and they belong
+    to the most sensible and most industrious to be found on the
+    plantation. Will other papers publish this simple appeal to
+    the justice of the white men? It is useless to say after this,
+    that the Indians of Marshpee are content with their condition.
+    Something must be done for them.
+
+    MARSHPEE INDIANS.
+
+
+    "MR. HALLETT,
+
+    It has been stated in some of the papers that the Marshpee
+    Indians are generally satisfied with their situation, and the
+    conduct of the Overseers, and want no change. It is also said
+    that the most industrious men on the plantation are opposed
+    to petitioning the Legislature to give them the management of
+    their own property; and they would all have been quiet, if it
+    had not been for Mr. Apes.
+
+    Now we know something of our own rights without being told by
+    Mr. Apes, or any one. We have confidence in Mr. Apes, and
+    have seen no reason to doubt that he means well; but our
+    dissatisfaction with the laws and the Overseers was the same
+    as it is now, long before Mr. Apes came among us, and he will
+    have our confidence no longer than while we are satisfied he
+    does right. If he does wrong, we shall oppose him as soon as
+    any man, but so long as he honestly aids us in seeking for our
+    rights, we shall be in his favor. He is only one of us, and
+    has no more authority over the tribe than any other member
+    of it. He has been adopted into the tribe, according to the
+    Indian custom; and as long as he deserves our confidence, we
+    shall regard him as a friend.
+
+    But it is unfair to attempt to prejudice the public against
+    us, while we are petitioning for our rights. It is not true
+    that the Indians are satisfied. The Legislature ought not to
+    be deceived by such stories from interested men. There is
+    a universal dissatisfaction with our condition, and unless
+    something is done to relieve us, the whole tribe must suffer,
+    and they will feel as if they must give up all hope of
+    improving their condition. We wish you to publish this with
+    our names, that the public may not be deceived.
+
+
+        Daniel B. Amos,
+        James Hush,
+        Ezra Attaquin,
+        Christopher Hinson,
+        Aaron Keeter,
+        Joseph Pocknet,
+        Nicholas Pocknet,
+        David Wilbur,
+        William X[Note: sideways X] Jones, (his mark,)
+        Isaac X[Note: sideways X] Simons,     "
+        Oaks A. Coombs,
+        Isaac Coombs,
+        James Lowes,
+        George Cannada,
+        Richard Simon,
+        Daniel X[Note: sideways X] Pocknet, (his mark,)
+        Peter X[Note: sideways X] Squib,       "
+        Joseph X[Note: sideways X] Squib,      "
+        Jacob X[Note: sideways X] Pocknet,     "
+        Israel Amos,
+        David Mingo.
+
+    N.B. There could be a host of names procured, but we think
+    here are enough to satisfy the whole earth that we are _not_
+    satisfied to remain in bondage.
+
+    We also feel very grateful for the patriotic and benevolent
+    course that the worthy editor, Mr. Hallett, has pursued, in
+    laying our claims and oppression before the public, especially
+    as he has done it without asking the least compensation.
+    We rejoice to find such friends, for we believe them to be
+    Christians, and impartial philanthropists.
+
+    Gentlemen and ladies of other papers are not forgotten. The
+    Indian's heart swells with gratitude to them for noticing us;
+    and we wish that editors who are friends to our rights, would
+    please notice the above.
+
+    Done at a regular meeting at Marshpee, Dec. 23, 1833.
+
+        DANIEL B. AMOS, _Sec'y. Marshpee, Dec. 23, 1833_."
+
+I quote these articles only because they serve to show that there was
+a disposition prevalent among the editorial fraternity, to prejudice
+the people at large against the rights and liberties of the Indians.
+
+After our petition had been presented, our delegates obtained
+admission into the Hall of the Representatives, where they were
+privileged to tell their own story. Our enemies endeavored to hinder
+them even of this, though without success; and thankful are we that
+they did not succeed. It will be seen from the following, that the
+delegation were not unmindful of their duty.
+
+    The address of the Marshpee Indians at Boylston Hall, last
+    evening, was listened to with great attention, by a crowded
+    house, and with approbation, too, if we may judge from the
+    repeated marks of applause.
+
+    The address at the State House last Friday evening was also
+    attended by an overflowing house. We were unable to get in,
+    and cannot, therefore, say what effect was produced by it.
+
+The next is from the Liberator of Jan. 25, 1834.
+
+    THE MARSHPEE INDIANS.
+
+
+    This is a small tribe, comprising four or five hundred
+    persons, residing at the head of Cape Cod, in Barnstable
+    County. They have long been under the guardianship of the
+    State, treated as paupers, and subjected to the control of a
+    Board of Overseers. A memorial from them was presented to
+    the Legislature last week, (written entirely by one of their
+    number,) in which they set forth the grievances which are
+    imposed upon them, the injustice and impolicy of the laws
+    affecting their tribe, the arbitrary and capricious conduct of
+    the Overseers, and the manner in which they are defrauded
+    of the fruits of their labor; and earnestly beseech the
+    Legislature to grant them the same liberty of action as is
+    enjoyed by their white brethren, that they may manage their
+    own concerns, and be directly amenable to the laws of the
+    State, and not to their present Overseers.
+
+    A delegation from this tribe is now in this city, consisting
+    of Deacon Coombs, Daniel Amos, and William Apes. The use of
+    the Hall of the House of Representatives having been granted
+    to them, they made a public statement of their situation
+    and wants to a crowded audience on Friday evening last,
+    principally composed of members of the House; and were
+    listened to most respectfully and attentively.
+
+    Deacon Coombs first addressed the assembly, in a brief but
+    somewhat indefinite speech; the purport of which was, that,
+    although by taking side with the Overseers, he might have
+    advanced his own interests, he nevertheless chose to suffer
+    with his people, and to plead in their behalf. Their condition
+    was growing more and more intolerable; excessive exactions
+    were imposed upon them; their industry was crippled by
+    taxation; they wished to have the Overseers discharged.
+
+    Daniel Amos next addressed the meeting. He said he was aware
+    of his ignorance; but although his words might be few, and his
+    language broken, he as deeply sympathized with his suffering
+    constituents, as any of his tribe. He gave a short sketch of
+    his life, by which it appeared that he went at an early period
+    on a whaling voyage, and received some bodily injury which
+    incapacitated him from hard labor for a long time. He sought
+    his native home, and soon experienced the severity of those
+    laws, which, though enacted seemingly to protect the tribe,
+    are retarding their improvement, and oppressing their spirits.
+    The present difficulties were not of recent origin. He stated,
+    with commendable pride, that he had never been struck for
+    ill-behaviour, nor imprisoned for crime or debt; nor was he
+    ashamed to show his face again in any place he had visited;
+    and he had been round a large portion of the globe. The
+    memorial before the Legislature had been read to the tribe;
+    some parts had been omitted at their request; and nothing had
+    been sent but by their unanimous consent. After vindicating
+    the character of Mr. Apes, and enumerating some of the
+    complaints of the tribe.
+
+    He was followed by William Apes, who, in a fearless,
+    comprehensive and eloquent speech, endeavored to prove that,
+    under such laws and such Overseers, no people could rise
+    from their degradation. He illustrated the manner in which
+    extortions were made from the poor Indians, and plainly
+    declared that they wanted their rights as men and as freemen.
+    Although comparatively ignorant, yet they knew enough to
+    manage their own concerns more equitably and economically than
+    they were then managed; and notwithstanding the difficulties
+    under which they labored, their moral condition was improving.
+    There was not so much intemperance among them as formerly;
+    many of the tribe were shrewd, intelligent and respectable
+    men; and all that was necessary to raise up the entire mass
+    from their low estate, was the removal of those fetters
+    and restrictions which now bind them to the dust. Mr. Apes
+    described the cause and the extent of the disturbance
+    which took place last summer, and which resulted in his
+    imprisonment. The head and front of their offending was in
+    going into the woods, and unloading a cart, and causing it to
+    be sent away empty. The reason for that procedure was, that
+    they wished no more wood to be cut until an investigation of
+    their rights had been made. They used no violence; uttered no
+    oaths; made no throats; and took no weapons of defence. Every
+    thing was done quietly, but firmly. Mr. Apes wished to know
+    from whence the right to tax them without their consent, and
+    at pleasure, and subject them to the arbitrary control of a
+    Board of Overseers, was derived? He knew not himself; but he
+    feared it was from the color of their skin. He concluded by
+    making a forcible appeal to the justice and humanity of the
+    Legislature, and expressing his confidence that the prayer of
+    the memorialists would not be made in vain.
+
+    In several instances, the speakers made some dextrous and
+    pointed thrusts at the whites, for their treatment of the
+    sons of the forest since the time of the pilgrims, which were
+    received with applause by the audience. They were all careful
+    in their references to the conduct of the Overseers; they
+    wished to say as little about them as possible; but they
+    wanted their removal forthwith.
+
+    This is the first time our attention has been seriously called
+    to the situation of this tribe. It is a case not to be treated
+    with contempt, or disposed of hastily. It involves the rights,
+    the interests, and the happiness of a large number of that
+    race which has been nearly exterminated by the neglect, the
+    oppression, and the cruelty of a superior number of foreign
+    invaders.
+
+    In the enslavement of two millions of American people in the
+    Southern States, the tyranny of this nation assumes a gigantic
+    form. The magnitude of the crime elevates the indignation of
+    the soul. Such august villainy and stupendous iniquity soar
+    above disgust, and mount up to astonishment. A conflagration
+    like that of Moscow, is full of sublimity, though dreadful
+    in its effects; but the burning of a solitary hut makes the
+    incendiary despicable by the meanness of the act.
+
+    In the present case, this State is guilty of a series of
+    petty impositions upon a feeble band, which excite not so much
+    indignation as disgust. They may be, and doubtless are, the
+    blunders of legislation; the philanthropy of proscriptive
+    ignorance; the atoning injuries of prejudice, rather than
+    deliberate oppression. No matter who are the Overseers, (we
+    know them not,) nor how faithfully they have executed
+    the laws. The complaint is principally against the State;
+    incidentally against them. They may succeed, perhaps, in
+    vindicating their own conduct; but the State is to be judged
+    out of the Statute Book, by the laws now in force for the
+    regulation of the tribe. Fearing, in the plenitude of its
+    benevolence, that the Indians would never rise to be men, the
+    Commonwealth has, in the perfection of its wisdom, given them
+    over to absolute pauperism. Believing they were incapable of
+    self-government as free citizens, it has placed them under
+    a guardianship which is sure to keep them in the chains of
+    a servile dependance. Deprecating partial and occasional
+    injustice to them on the part of individuals, it has shrewdly
+    deemed it lawful to plunder them by wholesale, continually.
+    Lamenting that the current of vitality is not strong enough
+    to give them muscular vigor and robust health, it has fastened
+    upon them leeches to fatten on their blood. Assuming that they
+    would be too indolent to labor if they had all the fruits of
+    their industry, it has taken away all motives for superior
+    exertions, by keeping back a portion of their wages. Dreading
+    lest they should run too fast, and too far, in an unfettered
+    state, it has loaded them with chains so effectually as
+    to prevent their running at all. These are some of the
+    excellencies of that paternal guardianship, under which they
+    now groan, and from which they desire the Legislature to grant
+    them deliverance.
+
+    We are proud to see this spontaneous, earnest, upward movement
+    of our red brethren. It is not to be stigmatized as turbulent,
+    but applauded as meritorious. It is sedition, it is true; but
+    only the sedition of freedom against oppression; of justice
+    against fraud; of humanity against cruelty. It is the
+    intellect opposed to darkness; the soul opposed to
+    degradation. It is an earnest of better things to come,
+    provided the struggling spirit be set free. Let this tribe
+    have at least a fair trial. While they remain as paupers, they
+    will feel like paupers; be regarded like paupers; be degraded
+    like paupers. We protest against this unnatural order of
+    things; and now that the case has come under our cognizance,
+    we shall not abandon it hastily.
+
+    We are aware that another, and probably an opposite view of
+    this case is to be laid before the public, on the part of a
+    commissioner delegated by the Governor and Council, to inquire
+    into the difficulties which have arisen between the tribe and
+    the Overseers. We shall wait to get a glimpse of it before we
+    pass judgment upon it. Whatever may be alleged either against
+    the Indians or against those who hold a supervision over them,
+    or whatever may be said in favor of them both; we have felt
+    authorized to make the foregoing remarks, upon an examination
+    of the laws enacted for the government of these discordant
+    parties. An augmentation, diminution, or change of the Board
+    of Overseers, will not remedy the evil. It lies elsewhere;
+    in the absolute prostration of the petitioners by a blind
+    legislation. They are not, and do not aspire to be an
+    independent government, but citizens of Massachusetts.
+
+    Fortunately, there is a soul for freedom in the present
+    Legislature. A more independent House of Representatives has
+    never been elected by the people. The cries of the Indians
+    have reached their ears, and we trust affected their hearts.
+    They will abolish a needless and unjust protectorate. The
+    limb, which is now disjointed and bleeding, will be united to
+    the body politic. What belongs to the red man shall hereafter
+    in truth be his; and, thirsting for knowledge and aspiring to
+    be free, every fetter shall be broken and his soul made glad.
+
+About this time the opposition of our enemies increased to a flood.
+Yet we remained undismayed; for we knew that we had the right on
+our side. So we endured the shots of their sharp shooters against us
+patiently. The following, from the Boston Courier of January 28, 1834,
+will show to what I allude.
+
+    Late in the month of June last, an extraordinary proceeding
+    was had by the Marshpee tribe of Indians, residing on their
+    plantation in Barnstable County, under the protection and
+    guardianship of this Commonwealth. Excited, as it has since
+    appeared, by the turbulent spirit of a stranger and intruder,
+    they assembled in what they termed a town meeting, and adopted
+    resolutions declaring their independence of the government
+    of Massachusetts, abjuring the authority of the laws, and
+    proclaiming that after the first day of July then next, they
+    should assume the management of their own affairs; and, _that
+    "they would not permit any white man from that day, to come
+    upon their Plantation to cut or carry off any wood, hay, or
+    other article, without their permission, under the penalty of
+    being bound and thrown from the Plantation."_
+
+    To allay the excitement which had been created among these
+    misguided people, and to ascertain and remove, as far and as
+    speedily as possible, any just cause of complaint, the most
+    prompt measures were adopted by the Executive. A discreet
+    and confidential agent was despatched to the plantation
+    with instructions to make thorough examination into their
+    grievances, real or supposed, and to become acquainted with
+    their condition, and what their interest and comfort required.
+    He was especially charged to represent to them the parental
+    feelings and regard of the government of the Commonwealth
+    towards them; to assure the head men, that, if the Overseers
+    appointed by the State, had been unjust or unkind, they should
+    forthwith be removed, and others appointed in their stead, and
+    the wrongs sustained at their hand amply redressed, but
+    that the guardianship, originally imposed for their security
+    against the frauds and wicked devices of unprincipled white
+    men, and continued under frequent assurances, _by the Indians
+    themselves_, of its necessity, could not be suspended by the
+    authority of the Governor and Council. That this rested with
+    the Legislature, to which, after careful investigation of
+    their complaints, a proper representation would be made by
+    the Executive. He was also directed to caution them against
+    heeding the counsels of those who would excite them to
+    disquiet in their present situation, and to admonish them,
+    that disorder and resistance to any rightful authority would
+    meet with immediate and exemplary correction, through the
+    civil tribunals.
+
+    On reaching the plantation, the agent found these deluded
+    people in a state of open rebellion against the government of
+    the State, having with force, seized upon the Meeting-house,
+    rescued from the Overseers a portion of property in their
+    possession, chosen officers of their own, and threatened
+    violence to all who should attempt to interfere with them,
+    in the measures of _self-government_ which they had assumed.
+    These threatenings and outrages had already created great
+    alarm among the white inhabitants in the neighborhood, and
+    induced to apprehensions of more serious consequences. Through
+    the firmness and prudence of the agent, sustained by the
+    advice and good offices of several intelligent citizens of the
+    County, the leader in the sedition was arrested for a breach
+    of the peace, and delivered over to the civil authority.
+    An inquiry into the conduct of the Overseers subsequently
+    conducted by the agent in the presence of the head men, and
+    the conciliatory, and friendly explanations offered to the
+    tribe, of their relations to the government of the State,
+    resulted in inducing them to rescind their former violent
+    resolves, and restored quiet to the plantation.
+
+    A minute and interesting report by the gentleman to whom this
+    delicate service was assigned, embracing an historical
+    account of the tribe, and describing their present condition,
+    character and numbers, with the situation, value, and
+    improvement of their property, and the manner in which the
+    guardianship constituted by law has been exercised over them,
+    accompanies this communication. The Indians have received
+    an assurance, that the attention of the Legislature shall be
+    invited to their complaints, and the report will not fail
+    to assist in the deliberations to which the subject may give
+    occasion.
+
+Does it not appear from, this, and from his message, that the
+Ex-Governor is a man of pure republican principles? He seems to
+consider the Marshpees as strangers, and thinks they ought to be
+driven to the wilds of the far West; in humble imitation of that wise,
+learned, and humane politician, Andrew Jackson, L.L.D.
+
+I do consider that neither I nor any of my brethren enjoy any
+political rights; and I desire that I and they may be treated like
+men, and not like children. If any among us are capable of discharging
+the duties of office, I wish them to be made eligible, and I wish for
+the right of suffrage which other men exercise, though not for the
+purpose of pleasing any party by our votes. I never did so, and I
+never will. O, that all men of color thought and felt as I do on this
+subject.
+
+I believe that Governor Lincoln had no regard whatever for our rights
+and liberties; but as he did not get his ends answered, I shall
+leave him to his conscience. The following from Mr. Hallett, of the
+Advocate, fully explains his message:
+
+
+    THE MARSHPEE INDIANS.
+
+
+    The current seems to be setting very strong against extending
+    any relief to our red brethren. Governor Lincoln's ex-message
+    has served to turn back all the kind feelings that were
+    beginning to expand toward the Marshpee tribe, and force and
+    intimidation are to be substituted for kindness and mercy.
+
+    We cannot but think that Massachusetts will be dishonored by
+    pursuing the stern course recommended by Ex-Governor Lincoln,
+    who seems, by one of his letters to Mr. Fiske, to have
+    contemplated almost with pleasure, the prospect of
+    superintending in person, military movements against a handful
+    of Indians, who could not have mustered twenty muskets on the
+    plantation.
+
+    We see now how unjust we have been to the Georgians in their
+    treatment of the Cherokees, and if we persist in oppressing
+    the Marshpee Indians, let us hasten to _unresolve_ all the
+    glowing resolves we made in favor of the Georgia Indians. If
+    Governor Lincoln is right in his unkind denunciation of the
+    poor Marshpee Indians, then was not Governor Troop of Georgia
+    right, in his messages and measures against the Cherokees? If
+    the Court at Barnstable was right in imprisoning the Indians
+    for attempting to get their rights, as they understood them,
+    and made their ignorance of the law no excuse, were not the
+    Courts of Georgia justifiable in their condemnation of the
+    Cherokees, for violations of laws enforced against the will of
+    the helpless Indians?
+
+    Oh, it was glorious to be generous, and magnanimous and
+    philanthropic toward the Cherokees, and to weep over the
+    barbarities of Georgia, because that could be turned to
+    account against General Jackson; but when it comes home to our
+    own bosoms, when a little handful of red men in our own State,
+    come and ask us for permission to manage their own property,
+    under reasonable restrictions, and presume to resolve that all
+    men are free and equal, without regard to complexion; Governor
+    Lincoln denounces it as _sedition_, the Legislature are
+    exhorted to turn a deaf ear, and the Indians are left to their
+    choice between submission to tyrannical laws, or having the
+    militia called out to shoot them. How glorious this will read
+    in history!
+
+The next is from the Barnstable Patriot, of February 5, 1834, of a
+different character.
+
+    MARSHPEE INDIANS.
+
+
+    MR. EDITOR,
+
+    William Apes, Deacon Coombs, and Daniel Amos, are now in
+    Boston, where they are much caressed, by the good citizens,
+    and are styled the "_Marshpee Deputation_;" and we see in the
+    Boston papers notices that the "Marshpee Deputation will be
+    present at the Tremont Theatre, by invitation."[10] That the
+    Marshpee Deputation will address the public upon the subject
+    of their grievances, in the "_Representative Hall_," "in
+    Boylston Hall," &c. And we learn at their "_talk_," in the
+    Representative Hall, they drew a large audience, and that
+    audience was so indiscreet, (not to say indecorous or
+    riotous,) as to cheer and applaud Apes in his ribaldry,
+    misrepresentation and nonsense. Really, it looks to us, as
+    if there was much misunderstanding upon the subject of the
+    Marshpee difficulties. If there is any thing wrong we would
+    have it put right; but how does the case appear. At the time
+    of Apes' coming among them, they were quiet and peaceable, and
+    their condition, mentally, morally and pecuniarily improving.
+    At this time, and when this is the condition and situation of
+    the Indians, comes this intruder, this disturber, this
+    riotous and mischief-making Indian, from the Pequot tribe, in
+    Connecticut. He goes among the inhabitants of Marshpee, and
+    by all the arts of a talented, educated, wily, unprincipled
+    Indian, professing with all, to be an apostle of Christianity;
+    he stirs them up to sedition, riot, _treason_! Instigates them
+    to declare their independence of the laws of Massachusetts,
+    and to _arm themselves_ to defend it.
+
+    We need not follow, minutely, the transactions which rapidly
+    succeeded this state of things. We will merely remark that, in
+    that time of rebellion, prompt, efficient, but mild measures
+    were taken by the Executive, to quell the disturbances, and
+    restore good faith. An agent was sent by the Governor, to
+    inquire into the cause, and if possible, to remove it. That
+    agent found it to be his duty to arrest Apes, (that _pious_
+    interloper,) as a riotous and seditious person, and bind him
+    over for trial, at the Common Pleas Court. He was there tried;
+    and, in our opinion, never was there a fairer trial. He was
+    convicted; and, in our opinion, never was there a more just
+    conviction, or a milder sentence. After the performance of his
+    sentence, Apes is again at work stirring up new movements. And
+    having strung together a list of _imaginary_ grievances,
+    and false allegations, and affixed a great number of names,
+    without the knowledge or consent of many of the individuals,
+    he goes to the Legislature, with two of his ignorant, deluded
+    followers, pretending to be "_the Marshpee Deputation_," and
+    asks redress and relief.
+
+    We would be the last to object to their receiving redress and
+    relief; and we doubt not they will obtain, at the hands of the
+    Legislature, all they ought to have. But who is the "_Marshpee
+    Deputation_," that is showing off to such advantage in the
+    city? It is William Apes, the convicted rioter, who was the
+    whole cause of the disgraceful sedition at Marshpee the last
+    summer; who is a hypocritical _missionary_, from a tribe in
+    Connecticut; whose acquaintance with the Marshpeeans is of
+    _less than a year's_ standing. And he is endeavoring to enlist
+    public sympathy in _his_ favor, _in advance_, by lecturing
+    in the Hall of Representatives, upon that pathetic and
+    soul-stiring theme, Indian degradation and oppression;
+    vilifying and abusing the irreproachable pastor of the
+    plantation, Mr. Fish; stigmatizing and calumniating the
+    Court and Jury who tried and convicted him, and flinging his
+    sarcasms and sneers upon the Attorney and Jury who indicted
+    him. And for _all this_, he is receiving the _applause_ of
+    an audience, who _must be_ ignorant of _his_ character; and
+    blinded by the pretences of this impostor. And as far as
+    that audience is composed of Legislators, their conduct, in
+    permitting Apes to enlist their passions and feelings in his
+    favor, pending a Legislative investigation of the subject, is
+    reprehensible.
+
+    But, there is no fear that the matter will not be set right.
+    That the investigation by the intelligent agent last summer,
+    (Mr. Fiske,) and the investigation now going on by a committee
+    of the Legislature, will show the true character of Apes, and
+    point out the real wants and grievances of the Indians; and
+    that the remedy will be applied, to the satisfaction of the
+    Indians and the discomfiture of that renegade impostor and
+    hypocritical interloper and disturber, Apes, there is little
+    doubt; that _such_ may be the result, is the sincere wish of
+
+        THE TRUE FRIENDS OF THE INDIANS.
+
+The spirit in which this unrighteous piece is written, speaks for
+itself, and is its own antidote. However, it is just what we might
+expect from a liberal paper of the liberal town of Barnstable. So one
+gang of partizans call it. Deliver us from a "patriot," who would set
+his face against all good, and destroy the people themselves. These
+writers, if there be more than one of them, seem to have some idea of
+piety and religion. I therefore advise them to pluck the motes out of
+their own eyes, that they may see clearly enough to make better marks
+with their pens. The editor and his correspondents, (if he did not
+write the article himself,) have rendered themselves liable to a suit
+for defamation; but I think it best to let them go. I will not touch
+pitch. The discomfited, hypocritical impostor, renegade and interloper
+will forgive, and pray for them. He will not render evil for evil,
+though sorely provoked.
+
+Nevertheless, I feel bound to say to these excellent friends of the
+Marshpees, who wished them to remain crushed under the burthen of hard
+laws forever and ever, that they will go down to their graves in the
+disappointment, which, perhaps, will cause them to weep away their
+lives. I should be sorry to hear of that, and exhort them to dry their
+tears, or suffer a poor Indian to wipe them away.
+
+Notwithstanding all that was said and done by the opposition, the
+Marshpee Deputation left the field of battle with a song of triumph
+and rejoicing in their mouths, as will presently be seen. I shall
+give a brief sketch of the proceedings of one of the most enlightened
+committees that ever was drafted from a legislative body. Every thing
+was done to sour their minds against the Indians that could be done,
+but they were of the excellent of the earth, just and impartial.
+
+The Committee was composed of Messrs. Barton and Strong, of the
+Senate, and Messrs. Dwight of Stockbridge, Fuller of Springfield, and
+Lewis of Pepperell, of the House. Benjamin F. Hallett, Esq. appeared
+as Counsel for the Indians.
+
+Lemuel Ewer, Esq. of South Sandwich, was a witness, and the only white
+one who was in favor of the Indians. The Indian witnesses were Deacon
+Coombs, Daniel B. Amos, Ebenezer Attaquin, Joseph B. Amos, and William
+Apes.
+
+On the other side appeared Kilburn Whitman, Esq. of Pembroke, as
+Counsel for the Overseers; Messrs. J.J. Fiske of Wrentham, and Elijah
+Swift of Falmouth, both of the Governor's Council; the Rev. Phineas
+Fish, the Marshpee missionary, sent by Harvard College; Judge Marston,
+Nathaniel Hinckley and Charles Marston, all of Barnstable; Gideon
+Hawley of South Sandwich, Judge Whitman of Boston, and two Indians,
+Nathan Pocknet and William Amos, by name. It was a notable piece of
+policy on the part of the Overseers, to make a few friends among the
+Indians, in order to use them for their own purposes. Thus do pigeon
+trappers use to set up a decoy. When the bird flutters, the flock
+settle round him, the net is sprung, and they are in fast hands. Judge
+Whitman, however, could not make his two decoy birds flutter to his
+satisfaction, and so he got no chance to spring his net. He had just
+told the Indians that they might as well think to move the rock of
+Gibraltar from its base, as to heave the heavy load of guardianship
+from their shoulders; and, when he first came before the committee, he
+said he did not care a snap of his finger about the matter, one way or
+the other. But he altered his mind before he got through the business,
+and began to say that he should be ruined if the bill passed for the
+relief of the Indians, and was, moreover, sure that Apes would reign,
+king of Marshpee. The old gentleman, indeed, made several perilous
+thrusts at me in his plea; but, when he came to cross-examination,
+he was so pleased with the correctness of my testimony, that he had
+nothing more to say to me. I shall now leave him, to attend to his
+friend Judge Marston.
+
+This gentleman swore in court that he thought Indians an inferior race
+of men; and, of course, were incapable of managing their own affairs.
+
+The testimony of the two decoy pigeons was, that they had liberty
+enough; more than they knew what to do with. They showed plainly
+enough that they knew nothing of the law they lived under. The
+testimony of the Rev. Mr. Fish was more directly against us. Some may
+think I do wrong to mention this gentleman's name so often. But why,
+when a man comes forward on a public occasion, should his name be kept
+out of sight, though he be a clergyman. I should think he would like
+to make his flock respected and respectable in his speech, which he
+well knew they never could be under the then existing laws. Is it
+more than a fair inference that it was self-interest that made him
+do otherwise, that he might be able to continue in possession of his
+strong hold? If he had said to the Indians, like an honest man, "I
+know I have no right to what is yours, and will willingly relinquish
+what I hold of it," I do not doubt that the Indians would have given
+him a house, and a life estate in a farm; and perhaps have conveyed it
+to him in fee simple, if he had behaved well. Such a course would have
+won him the love and esteem of the Indians, and his blind obstinacy
+was certainly the surest means he could have taken to gain their ill
+will. He may think slightly of their good opinion, and I think, from
+his whole course of conduct, that we are as dogs in his sight. I
+presume he could not die in peace if he thought he was to be buried
+beside our graves.
+
+It is the general fault of those who go on missions, that they cannot
+sacrifice the pride of their hearts, in order to do good. It seems to
+have been usually the object to seat the Indians between two stools,
+in order that they might fall to the ground, by breaking up their
+government and forms of society, without giving them any others in
+their place. It does not appear to be the aim of the missionaries to
+improve the Indians by making citizens of them. Hence, in most cases,
+anarchy and confusion are the results. Nothing has more effectually
+contributed to the decay of several tribes than the course pursued by
+their missionaries. Let us look back to the first of them for proofs.
+From the days of Elliott, to the year 1834, have they made one
+citizen? The latter date marks the first instance of such an
+experiment. Is it not strange that free men should thus have been
+held in bondage more than two hundred years, and that setting them at
+liberty at this late day, should be called _an experiment_ now?
+
+I would not be understood to say, however, that the Rev. Mr. Fish's
+mission is any criterion to judge others by. No doubt, many of them
+have done much good; but I greatly doubt that any missionary has ever
+thought of making the Indian or African his equal. As soon as we begin
+to talk about equal rights, the cry of amalgamation is set up, as
+if men of color could not enjoy their natural rights without any
+necessity for intermarriage between the sons and daughters of the two
+races. Strange, strange indeed! Does it follow that the Indian or
+the African must go to the judge on his bench, or to the Governor,
+Senator, or indeed any other man, to ask for a help-meet, because his
+name may be found on the voter's list, or in the jury boxes? I promise
+all concerned, that we Marshpees have less inclination to seek their
+daughters than they have to seek ours. Should the worst come to the
+worst, does the proud white think that a dark skin is less honorable
+in the sight of God than his own beautiful hide? All are alike, the
+sheep of his pasture and the workmanship of his hands. To say they are
+not alike to him, is an insult to his justice. Who shall dare to call
+that in question?
+
+Were I permitted to express an opinion, it would be that it is more
+honorable in the two races, to intermarry than to act as too many of
+them do. My advice to the white man is, to let the colored race alone.
+It will considerably diminish the annual amount of sin committed.
+Or else let them even _marry_ our daughters, and no more ado about
+amalgamation. We desire none of their connection in that way. All we
+ask of them is peace and our rights. We can find wives enough without
+asking any favors of them. We have some wild flowers among us as fair,
+as blooming, and quite as pure as any they can show. But enough has
+been said on this subject, which I should not have mentioned at all,
+but that it has been rung in my ears by almost every white lecturer I
+ever had the misfortune to meet.
+
+I will now entreat the reader's attention to the very able plea of Mr.
+Hallett, upon our petition and remonstrances. The following are his
+remarks after the law which gave us our liberty was passed by his
+exertions in our cause:
+
+    I will now briefly consider the "documents, relating to the
+    Marshpee Indians," which have been presented and printed, this
+    session, by the two Houses.
+
+    The first is a Memorial, signed by seventy-nine males and
+    ninety-two females, of the Plantation. Of the seventy-nine
+    males, sixty-two are Proprietors, and forty-four write their
+    own names. They are all united in wishing to have a change of
+    the laws, and a removal of the Overseership, but desire that
+    their land may not be sold without the mutual consent of the
+    Indians and the General Court.
+
+    This memorial represents, 1. That no particular pains has been
+    taken to instruct them. 2. That they are insignificant because
+    they have had no opportunities. 3. That no enlightened or
+    respectable Indian, wants Overseers. 4. That their rulers and
+    the minister have been put over them, without their consent.
+    5. That the minister, (Mr. Fish,) has not a male member in his
+    church of the Proprietors, and they believe twenty years
+    would have been long enough for him to have secured their
+    confidence. 6. That the laws which govern them and take away
+    their property, are unconstitutional. 7. That the whites have
+    had three times more benefit of the Meeting-house and the
+    minister, than they have had. 8. That the business meetings
+    for the tribe, have been held off the plantation, at an
+    expense to them. 9. That their Fishery has been neglected and
+    the whites derived the most benefit from it. [The Overseers
+    admit that the Herring Fishery has not been regulated for
+    fifty years, although in 1763, it appears it was deemed a
+    highly important interest, and in 1818, the Commissioners
+    reported that it ought to be regulated for the benefit of the
+    Indians to the exclusion of the whites.] 10. That the laws
+    discourage their people, who leave the plantation on that
+    account. 11. That men out of the tribe are paid for doing what
+    those in it are capable of doing for the plantation. 12. That
+    the whites derive more benefit than themselves, from their
+    hay, wood and timber. 13. That the influence of the whites has
+    been against them, in their petitions for the past years.
+    14. That they believe they have been wronged out of their
+    property. 15. That they want the Overseers discharged, that
+    they may have a chance to take care of themselves. 16. That
+    very many of their people are sober and industrious, and
+    able and willing to do, if they had the privilege. All these
+    statements will be found abundantly proved.
+
+    This memorial comes directly from the Indians. It was drawn up
+    among them without the aid of a single white man. They applied
+    to me to prepare it for them. They happened to select me, as
+    their counsel, simply because I was born and brought up within
+    a few miles from their plantation, and had known their people
+    from my infancy. I told them to present their grievances
+    in their own way, and they have done so. Not a line of the
+    memorial was written for them.
+
+    On the other side, opposite to their memorial for
+    self-government, is the remonstrance of _Nathan Pocknet_
+    and forty-nine others, the same Nathan Pocknet, who in
+    1818 petitioned for the removal of the Overseership. This
+    remonstrance was not prepared by the Indians. It came wholly
+    from the Rev. Mr. Fish, and the Overseers. It speaks of the
+    "unprecedented impudence" of the Indians, and mentions a
+    "_Traverse Jury_." No one who signed it, had any voice in
+    preparing it. It shows ignorance of the memorial of the tribe,
+    by supposing they ask for liberty to sell their lands; and
+    ignorance of the law, by saying that the Overseers have not
+    power to remove nuisances from the plantation.
+
+    This remonstrance is signed by fifty persons, sixteen males
+    and thirty-four females; seventeen can write. Of the signers,
+    _ten_ belong to Nathan Pocknet's family. Ten of the males
+    are Proprietors, of whom two are minors, and one a person non
+    compos. Of the non-proprietors, one is a convict, recently
+    released from State prison, who has no right on the
+    Plantation. Two of the Proprietors, who signed this
+    remonstrance, (John Speen and Isaac Wickham,) have since
+    certified that they understood it to be the petition for Mr.
+    Fish, to retain his salary, but that they are entirely opposed
+    to having Overseers and to the present laws.
+
+    Thus it is shown that out of the whole Plantation of 229
+    Proprietors, but _five_ men could be induced, by all the
+    influence of the Minister and the Overseer, to sign in favor
+    of having the present laws continued, and but _eleven_ men out
+    of the whole population of 312. The signers to the memorial
+    for a change of the laws are a majority of all the men, women
+    and children belonging to the Plantation, at home and abroad.
+
+    Another document against the Indians who ask for their
+    liberty, is the memorial of the Rev. Phineas Fish, the
+    missionary. Of the unassuming piety, the excellent character,
+    and the sound learning of that reverend gentleman, I cannot
+    speak in too warm terms. I respect him as a man, and honor him
+    as a devoted minister of the gospel. But he is not adapted
+    to the cultivation of the field in which his labors have been
+    cast. Until I read this memorial, I should not have believed
+    that a severe expression could have escaped him. I regret the
+    spirit of that memorial, and in its comparison with that of
+    the Indians, I must say it loses in style, in dignity and in
+    Christian temper.
+
+    In this memorial, Mr. Fish urges upon the Legislature the
+    continuance of the laws of guardianship as they now are, and
+    especially the continuance of the benefits he derives from the
+    property of the plantation. What are the reasons he gives for
+    this. Do they not look exclusively to his own benefit, without
+    regard to the wishes of the Indians?
+
+    He states, as the result of his ministry, twenty members of
+    the tribe added to his church in _twenty-two_ years. This
+    single fact proves that his ministry has failed of producing
+    any effect at all proportioned to the cost it has been to the
+    Indians. Not from want of zeal or ability, perhaps, but from
+    want of adaptation. If not, why have other preachers been so
+    much more successful than the missionary. There never has been
+    a time that this church was not controlled by the whites.
+    Mr. Fish now has but five colored members of his church, and
+    sixteen whites. Of the five colored persons, but one is a
+    male, and he has recently signed a paper saying he has been
+    deceived by Mr. Fish's petition, which he signed, and that he
+    does not now wish his stay any longer among them.
+
+    On the other hand, "blind Jo," as he is called, a native
+    Indian, blind from his birth, now 28 years of age, has
+    educated himself by his ear and his memory, has been regularly
+    ordained as a Baptist minister, in full fellowship with that
+    denomination, and has had a little church organized since
+    1830. The Baptist denomination has existed on the plantation,
+    for forty years, but has received no encouragement. Blind
+    Jo has never been taken by the hand by the missionary or the
+    Overseers. The Indians were even refused the use of _their_
+    Meeting-house, for the ordination of their blind minister, and
+    he was ordained in a private dwelling. Though not possessing
+    the eloquence of the blind preacher, so touchingly described
+    in the glowing and chaste letters of Wirt's British Spy,
+    yet there is much to admire in the simple piety and sound
+    doctrines of "Blind Jo;" and he will find a way to the hearts
+    of his hearers, which the learned divine cannot explore.
+
+    There is another denomination on the plantation, organized
+    as "The Free and United Church," of which William Apes is the
+    pastor. This denomination Mr. Fish charges with an attempt
+    to _usurp_ the parsonage, wood-land and the Meeting-house; he
+    denounces, as a "_flagrant act_," the attempt of the Indians
+    to obtain the use of _their own Meeting-house_, and appeals
+    to the sympathies of the whole civilized community to maintain
+    _by law_ the Congregational worship, which, he says, "is the
+    most ancient form of religious worship there!" "Why should
+    Congregational worship be excluded to make room for others?"
+    asks the Rev. Mr. Fish. "Where will be the end of vicissitude
+    on the adoption of such a principle, and how is it possible,
+    amid the action of rival _factions_, for pure religion to be
+    promoted." [Pages 7, 8, 9, of Mr. Fish's memorial. Senate, No.
+    17.] Is this language for a Christian minister to address
+    to the Legislature of Massachusetts? To petition for an
+    established Church in Marshpee? Can he ever have read the
+    third Article of the Bill of Rights, as amended?
+
+    What has been the result of those "rival factions," in
+    Marshpee? Blind Jo and William Apes, have _forty-seven_ Indian
+    members of their churches, (fourteen males,) in good standing,
+    collected together in three years. The missionary has baptized
+    but twenty in twenty-two years. The Indian preachers have also
+    established a total abstinence Temperance Society, without any
+    aid from the missionary, and there are already sixty members
+    of it, who, from all the evidence in the case, there is no
+    reason to doubt, live up to their profession.
+
+    I do not say this to detract from the good the missionary has
+    done; I doubt not he has done much good, and earnestly desired
+    to do more; but when he denounces to the Legislature other
+    religious denominations, as _usurpers_ and "_rival factions_,"
+    it is but reasonable that a comparison should be drawn between
+    the fruit of his labors and that of those he so severely
+    condemns.
+
+    I confess, I am struck with surprise, at the following
+    remarks, in the memorial of the Rev. Mr. Fish. Speaking of the
+    complaint of the Indians respecting their Meeting-house, that
+    it is not fit for respectable people to meet in, being
+    worn out; he says, "As it was built by a _white_ Missionary
+    Society, and repaired at the expense of the _white_
+    Legislature of the State, perhaps the _whites_ may think
+    themselves entitled to some wear of it, and being no way fit
+    for '_respectable_ people,' the church and congregation
+    hope they may the more readily be left unmolested in their
+    accustomed use of it." [Page 4.] Again he says of the
+    complaints of the Indians, that they were forbidden to have
+    preaching in their School-houses. "The School-houses, built
+    by the munificence of the State, began to be occupied for
+    _Meeting-houses_, soon after their erection, and have been
+    more or less occupied _in this fashion_! ever since; and your
+    memorialist desires to affirm that _in this perversion_ of
+    your _liberal purpose_, he had no share whatever!"
+
+    Is this possible? Can it be a _perversion_ of buildings
+    erected for the mental and moral improvement of the Indians,
+    that religious meetings should be held there, by ministers
+    whom the Indians prefer to the Missionary?
+
+    The inequality in the appropriations for religious
+    instruction, is remarked upon by the Commissioner, Hon.
+    Mr. Fiske, who says in his report that if the present
+    appropriations are to be restricted to a Congregationalist
+    minister, some further provision, in accordance with religious
+    freedom, ought to be made for the Baptist part of the colored
+    people. [Page 29. No. 14.]
+
+    I regret too, the unkind allusion in the Rev. Mr. Fish's
+    memorial to Deacon Coombs, the oldest of the Marshpee
+    delegation, formerly his deacon, and the last proprietor to
+    leave him. He says the deacon "once walked worthy of his holy
+    calling." Does he mean to insinuate he does not walk worthily
+    now? I wish you, gentlemen, to examine Deacon Coombs, who is
+    present, to inquire into his manner of life, and see if you
+    can find a Christian with a white skin, whose heart is purer,
+    and whose walk is more upright, than this same Deacon Coombs.
+    In point of character and intelligence, he would compare
+    advantageously with a majority of the Selectmen in the
+    Commonwealth.
+
+    With the religious concerns of Marshpee, I have no wish to
+    interfere. I only seek to repel intimations that may operate
+    against their prayer for the liberties secured by the
+    Constitution. Neither do I stand here to defend Mr. Apes, who
+    is charged with being the leader of the "sedition." I only
+    ask you to look at the historical evidence of the existence of
+    discontent with the laws, ever since 1693, and ask if Mr.
+    Apes has been the author of this discontent. Let me remind
+    you also, of the fable of the Huntsman and the Lion, when
+    the former boasted of the superiority of man, and to prove it
+    pointed to a statue of one of the old heroes, standing upon a
+    prostrate lion. The reply of the noble beast was, "there
+    are no _carvers_ among the lions; if there were, for one man
+    standing upon a lion, you would have twenty men torn to pieces
+    by lions." Gentlemen, by depressing the Indians, our laws have
+    taken care that they should have no _carvers_. The whites have
+    done all the _carving_ for them, and have always placed them
+    _undermost_. Can we blame them, then, that when they found
+    an educated Indian, with Indian sympathies and feelings, they
+    employed him, to present their complaints, and to enable them
+    to seek redress? Look at this circumstance, fairly, and I
+    think you will find in it the origin of all the prejudice
+    against William Apes, which may be traced to those of the
+    whites who are opposed to any change in the present government
+    of Marshpee. If aught can be shown against him, I hope it
+    will be produced here in proof, that the Indians may not be
+    deceived. If no other proof is produced, except his zeal in
+    securing freedom for the Indians, are you not to conclude that
+    it cannot be done. But his individual character has nothing to
+    do with the merits of the question, though I here pronounce it
+    unimpeached.
+
+    I will allude to but one other suggestion in the memorial
+    of the Rev. Mr. Fish, [page 10.] To show the necessity of
+    continuing the present laws, he says, "already do we witness
+    the force of example in the visible increase of crime. But a
+    few weeks since, a peaceable family was fired in upon, during
+    their midnight repose; while I have been writing, another has
+    been committed to prison for a high misdemeanor."
+
+    Now what are the facts, upon which this grave allegation
+    against the whole tribe is founded. True, a ball was fired
+    into a house on the plantation, but without any possible
+    connection with the assertion of their rights by the Indians,
+    and to this day it is not known whether it was a white man or
+    an Indian who did it. The "high misdemeanor," was a quarrel
+    between Jerry Squib, an Indian, and John Jones, a white
+    man. Squib accused Jones of cheating him in a bargain, when
+    intoxicated, and beat him for it. The law took up the Indian
+    for the assault, and let the white man go for the fraud.
+
+    Respecting then, as we all do, the personal character of the
+    missionary, can you answer his prayer, to continue the present
+    government, in order to protect him in the reception of
+    his present income from the lands of the Indians? Are the
+    interests of a whole people to be sacrificed to one man?
+
+    What says the Bill of rights? "Government is instituted for
+    the common good, for the protection, safety, prosperity, and
+    happiness of the _people_, and not for the _profit_, honor or
+    _private interest_ of any _one_ man, family, or class of men."
+
+    I have now only to consider the report of the Commissioner,
+    Mr. Fiske, who visited Marshpee in July last. The
+    impartiality, candor and good sense of that report, are highly
+    honorable to that gentleman. Deriving his first impressions
+    from the Overseers and the whites, and instructed as he was
+    with strong prepossessions against the Indians, as rebels
+    to the State, the manner in which he discharged that duty,
+    deserves a high encomium. He has my thanks for it, as a friend
+    of the Indians. As far as the knowledge of the facts
+    enabled the Commissioner to go, in the time allowed him, the
+    conclusions of that report, substantiate all the positions
+    taken in defence of the rights of the Indians. The
+    Commissioner was instructed by the then Governor Lincoln, to
+    inform the Indians that the government had no other object
+    than their best good; "let them be convinced that their
+    grievances will be inquired into, and a _generous_ and
+    _paternal_ regard be had to their condition." They were so
+    convinced, and they come here now, for a redemption of this
+    pledge.
+
+    But his Excellency seems to have been strangely impressed
+    with the idea of suppressing some rebellion, or another Shay's
+    insurrection. Mr. Hawley, one of the Overseers, had visited
+    the Governor, at Worcester, and because a few Indians had
+    quietly unloaded a wood-cart, the calling out of the militia
+    seems to have been seriously contemplated by the following
+    order, issued to the Commissioner, by the Governor, dated July
+    5. "Should there be reason to fear the insufficiency of the
+    _posse comitatus_, I WILL BE PRESENT PERSONALLY, TO DIRECT ANY
+    MILITARY REQUISITIONS."
+
+    Think of that, gentlemen of the Committee! Figure to
+    yourselves his Excellency, at the head of the Boston and
+    Worcester Brigades, ten thousand strong, marching to Marshpee,
+    to suppress an insurrection, when scarce twenty old muskets
+    could have been mustered on the whole plantation?
+
+    With the utmost respect for his Excellency, I could not
+    refrain on reading this "order of the day," from exclaiming,
+    as Lord Thurlow did, when a breathless messenger informed him
+    that a rebellion had broken out in the Isle of Man--"pshaw--a
+    tempest in a tea pot."
+
+    Let us not, however, because the Indians are weak and
+    in-offensive, be less regardful of their rights.
+
+    You will gather from the Report of Mr. Fiske, conclusive
+    evidence of the long continued and deep rooted dissatisfaction
+    of the Indians with the laws of guardianship, that they never
+    abandoned the ground that all men were born free and
+    equal, and they ought to have the right to rule and govern
+    themselves; that by a proper exercise of self-government, and
+    the management of their own pecuniary affairs, they had it
+    in their power to elevate themselves much above their present
+    state of degradation, and that by a presentation of new
+    motives for moral and mental improvement, they might be
+    enabled, in a little time, to assume a much higher rank on
+    the scale of human existence. And that the Legislature would
+    consider their case, was the humble and earnest request of the
+    natives.
+
+    Is not the conclusion then, from all the facts in the case,
+    that the system of laws persisted in since 1763, have failed
+    as acts of paternal care? That the true policy now is to try
+    acts of kindness and encouragement, and that the question of
+    rightful control over the property or persons of the Indians
+    beyond the general operation of the laws, being clearly
+    against the whites; but one consideration remains on which the
+    Legislature can hesitate: the danger, that they will squander
+    their property. Of the improbability of such a result, Mr.
+    Fiske informs you in his report, [page 26.] He found nearly
+    all the families comfortably and decently clad, nearly
+    all occupying framed houses, and a few dwelling in huts or
+    wigwams. More than thirty of them were in possession of a cow
+    or swine, and many of them tilled a few acres of land, around
+    their dwellings. Several pairs of oxen, and some horses are
+    owned on the plantation, and the Commons are covered with an
+    excellent growth of wood, of ready access to market. Confine
+    the cutting of this wood to the natives, as they desire, and
+    they never can waste this valuable inheritance.
+
+    Mr. Fiske also says in his report, [page 30,] "that it is
+    hardly possible to find a place more favorable for gaining a
+    subsistence without labor, than Marshpee." The advantages of
+    its location, the resources from the woods and streams, on one
+    side, and the bays and the sea on the other, are accurately
+    described, as being abundant, with the exception of the
+    _lobsters_, which Mr. Fiske says are found there. The
+    Commissioner is incorrect in that particular, unless he adopts
+    the learned theory of Sir Joseph Banks, that _fleas_ are a
+    species of lobster!
+
+    Is there, then, any danger in giving the Indians an
+    opportunity to try a liberal experiment for self-government?
+    They ask you for a grant of the liberties of the constitution;
+    to be incorporated and to have a government useful to them as
+    a people.
+
+    They ask for the appointment of magistrates among them, and
+    they ask too for an _Attorney_ to advise with; but my
+    advice to them is, to have as little as possible to do with
+    Attornies. A revision of their laws affecting property by the
+    Governor and Council, would be a much better security for them
+    than an Attorney, and this they all agree to. Is there any
+    thing unreasonable in their requests? Can you censure other
+    States for severity to the Indians within their limits, if you
+    do not exercise an enlightened liberality toward the Indians
+    of Massachusetts? Give them then substantially, the advantages
+    which they ask in the basis of an act which I now submit to
+    the Committee with their approval of its provisions. Can you,
+    gentlemen, can the Legislature, resist the simple appeal of
+    their memorial? "Give us a chance for our lives, in acting for
+    ourselves. O! white man! white man! the blood of our fathers,
+    spilt in the revolutionary war, cries from the ground of our
+    native soil, to break the chains of oppression and let our
+    children go free."
+
+The correctness of Mr. Hallett's opinions are demonstrated in the
+following article.
+
+Other editors speak ill enough of Gen. Jackson's treatment of the
+Southern Indians. Why do they not also speak ill of all the head men
+and great chiefs who have evil entreated the people of Marshpee. I
+think Governor Lincoln manifested as bitter and tyrannical a spirit as
+Old Hickory ever could, for the life of him. Often and often have our
+tribe been promised the liberty their fathers fought, and bled, and
+died for; and even now we have but a small share of it. It is some
+comfort, however, that the people of Massachusetts are becoming
+gradually more Christianized.
+
+    [From the Daily Advocate.] THE MARSHPEE INDIANS.
+
+
+    The Daily Advertiser remarks that the Indian tribes have been
+    sacrificed by the policy of Gen. Jackson. This is very true,
+    and we join with the Advertiser in reprehending the course
+    pursued by the President toward the Cherokees. If Georgia,
+    under her _union_ nullifier, Governor Lumpkin, is permitted to
+    set the process of the Supreme Court at defiance, it will be a
+    foul dishonor upon the country.
+
+    But while we condemn the conduct of General Jackson toward the
+    Southern Indians, what shall we say of the treatment of our
+    own poor defenceless Indians, the Marshpee tribe, in our own
+    State? The Legislature of last year, with a becoming sense of
+    justice, restored to the Marshpee Indians a _portion_ of their
+    rights, which had been wrested from them, most wrongfully, for
+    a period of _seventy-four_ years. The State of Massachusetts,
+    in the exercise of a most unjust and arbitrary power, had,
+    until that time, deprived the Indians of all civil rights, and
+    placed their property at the mercy of designing men, who had
+    used it for their own benefit, and despoiled the native owners
+    of the soil to which they hold a better title than the whites
+    hold to any land in the Commonwealth. These Indians fought
+    and bled side by side, with our fathers, in the struggle for
+    liberty; but the whites were no sooner free themselves, than
+    they enslaved the poor Indians.
+
+    One single fact will show the devotion of the Marshpee Indians
+    to the cause of liberty, in return for which they and their
+    descendants were placed under a despotic guardianship, and
+    their property wrested from them to enrich the whites. In
+    the Secretary's Office, of this State, will be found a muster
+    roll, containing a "Return of men enlisted in the first
+    Regiment of Continental troops, in the County of Barnstable,
+    for three years and during the war, in Col. Bradford's
+    Regiment," commencing in 1777. Among these volunteers for that
+    terrible service, are the following names of Marshpee Indians,
+    proprietors of Marshpee, viz.
+
+    Francis Webquish, Samuel Moses, Demps Squibs, Mark Negro,
+    Tom Cæsar, Joseph Ashur, James Keeter, Joseph Keeter, Jacob
+    Keeter, Daniel Pocknit, Job Rimmon, George Shawn, Castel
+    Barnet, Joshua Pognit, James Rimmon, David Hatch, James
+    Nocake, Abel Hoswitt, Elisha Keeter, John Pearce, John Mapix,
+    Amos Babcock, Hosea Pognit, Daniel Pocknit, Church Ashur,
+    Gideon Tumpum.
+
+    In all twenty-six men. The whole regiment, drawn from the
+    whole County of Barnstable, mustered but 149 men, nearly
+    _one-fifth_ of whom were volunteers from the little Indian
+    Plantation of Marshpee, which then did not contain over one
+    hundred male heads of families! No white town in the
+    County furnished any thing like this proportion of the 149
+    volunteers. The Indian soldiers fought through the war; and as
+    far as we have been able to ascertain the fact, from documents
+    or tradition, all but one, fell martyrs to liberty, in the
+    struggle for Independence. There is but one Indian now living,
+    who receives the reward of his services as a revolutionary
+    soldier, old Isaac Wickham, and he was not in Bradford's
+    regiment. Parson Holly, in a memorial to the Legislature in
+    1783, states that most of the women in Marshpee, had lost
+    their husbands in the war. At that time there were _seventy_
+    widows on the Plantation.
+
+    But from that day, until the year 1834, the Marshpee Indians
+    were enslaved by the laws of Massachusetts, and deprived of
+    every civil right which belongs to man. White Overseers had
+    power to tear their children from them and bind them out where
+    they pleased. They could also sell the services of any adult
+    Indian on the Plantation they chose to call idle, for three
+    years at a time, and send him where they pleased, renewing the
+    lease every three years, and thus, make him a slave for life.
+
+    It was with the greatest effort this monstrous injustice was
+    in some degree remedied last winter, by getting the facts
+    before the Legislature, in spite of a most determined
+    opposition from those who had fattened for years on the spoils
+    of poor Marshpee. In all but one thing, a reasonable law was
+    made for the Indians. That one thing was giving the Governor
+    power to appoint a Commissioner over the Indians for three
+    years. This was protested against by the friends of the
+    Indians, but in vain; and they were assured that this
+    appointment would be safe in the hands of the Governor. They
+    hoped so, and assented; but no sooner was the law passed, than
+    the enemies of the Indians induced the Governor to appoint
+    as the Commissioner, the person whom of all others they least
+    wished to have, a former Overseer, against whom there were
+    strong prejudices. The Indians remonstrated, and besought, but
+    in vain. The Commissioner was appointed, and to all appeals to
+    make a different appointment, a deaf ear has been turned. It
+    seems as if a deliberate design had been formed somewhere, to
+    defeat all the Legislature has done for the benefit of this
+    oppressed people.
+
+    The consequences have been precisely what the Indians and
+    their friends feared. Party divisions have grown up among
+    them, arising out of the want of confidence in their
+    Commissioner. He is found always on the side of their greatest
+    trouble; the minister who unjustly holds almost 500 acres of
+    the best land in the plantation, wrongfully given to him by an
+    unlawful and arbitrary act of the State, which, in violation
+    of the Constitution, appropriates the property of the Indians
+    to pay a man they dislike, for preaching a doctrine they will
+    not listen to, to a _white_ congregation, while the native
+    preachers, whom the Indians prefer, are left without a cent,
+    and deprived of the Meeting-house, built by English liberality
+    for the use of the Indians. The dissatisfaction has gone on
+    increasing. The accounts with the former Overseers remain
+    unadjusted to the satisfaction of the Selectmen. The Indians
+    have no adviser near them in whom they can confide; those who
+    hold the power, appear regardless of their wishes or their
+    welfare; no pains is taken by the authorities to punish the
+    wretches who continue to sell rum to those who will buy it;
+    and though the Indians are still struggling to advance in
+    improvement, every obstacle is thrown in their way that men
+    can devise, whose intent it is to get them back to a state of
+    vassalage, that they may get hold of their property. All this,
+    we are satisfied, from personal inspection, is owing to the
+    injudicious appointment made by Gov. Davis, of a commissioner,
+    and yet the Governor unfortunately seems indisposed to listen
+    to any application for a remedy to the existing evils.
+
+    The presses around us, who are so eloquent in denouncing the
+    President for his conduct towards the Southern Indians, say
+    not a word in behalf of our own Indians, whose fathers poured
+    out their blood for out independence. Is this right, and ought
+    the Indians to be sacrificed to the advantage a single man
+    derives from holding an office of very trifling profit? Let
+    us look at home, before we complain of the treatment of the
+    Indians at the South.
+
+The following; extract refers to the act passed to incorporate the
+Marshpee District, after so much trouble and expense to the Indians.
+I should suppose the people of Massachusetts would have been glad to
+have done us this justice, without making so much difficulty, if they
+had been aware of the true state of facts.
+
+    THE MARSHPEE ACT
+
+
+    Restoring the rights of self-government, in part, to the
+    Marshpee Indians, of which our legislation has deprived
+    them for one hundred and forty years, passed the Senate of
+    Massachusetts yesterday, to the honor of that body, without a
+    single dissenting vote. Too much praise cannot be given to Mr.
+    Senator Barton, for the persevering and high-minded manner
+    in which he has prepared and sustained this act. With two or
+    three exceptions, but which, perhaps, may not be indispensable
+    to the success of the measure, it is all the Indians or their
+    friends should desire, under existing circumstances. The
+    clause reserving the right of repeal, is probably the most
+    unfortunate provision in the act, as it may tend to
+    disquiet the Indians, and to give the Commissioner a sort of
+    threatening control, that will add too much to his power, and
+    may endanger all the benefits of the seventh section. This
+    provision was not introduced by the Committee, but was opposed
+    by Messrs. Barton and Strong, as wholly unnecessary.
+
+        [_Daily Advocate_.
+
+       *       *       *       *       *
+
+    SMALL MATTER.
+
+
+    In the resolve allowing fees to the Marshpee Indians, who have
+    attended as witnesses this session, the high-minded Senator
+    Hedge of Plymouth, succeeded in excluding the name of William
+    Apes, as it passed the Senate; but the House, on motion of
+    Col. Thayer, inserted the name of Mr. Apes, allowing him his
+    fees, the same as the others. Mr. Hedge made a great effort
+    to induce the Senate to non-concur, but even his lucid and
+    _liberal_ eloquence failed of its _noble_ intent, and the
+    Senate concurred by a vote of 13 to 6. Mr. Hedge must be
+    sadly disappointed that he could not have saved the State
+    twenty-three dollars, by his manly efforts to injure the
+    character of a poor Indian. Mr. Hedge, we dare say, is a
+    descendant from the pilgrims, whom the Indians protected at
+    Plymouth Rock! He knows how to be _grateful_!
+
+        [_Daily Advocate_.
+
+It appears that I, William Apes, have been much persecuted and abused,
+merely for desiring the welfare of myself and brethren, and because I
+would not suffer myself to be trodden under foot by people no better
+than myself, as I can see. In connection with this, I say I was never
+arraigned before any Court, to the injury of my reputation, save once,
+at Marshpee, for a pretended riot. An attempt to blast a man merely
+for insisting on his rights, and no more, is a blot on the character
+of him who undertakes it, and not upon the person attempted to be
+injured; let him be great or small in the world's eyes. I can safely
+say that no charge that has ever been brought against me, written
+or verbal, has ever been made good by evidence in any civil or
+ecclesiastical court. Many things have been said to my disparagement
+in the public prints. Much was said to the General Court, as that I
+was a gambler in lotteries, and had begged money from the Indians to
+buy tickets with. This calumny took its rise from certain articles
+printed in the Boston Gazette, written, as I have good reason to
+believe, by one Reynolds, a proper authority. He has been an inmate of
+the State prison, in Windsor, Vermont, once for a term of two
+years, and again for fourteen, as in part appears by the following
+certificate of a responsible person.
+
+    CONCORD, N.H. JUNE 27, 1832.
+
+
+    _To all whom it may concern_.
+
+    This may certify, that _John Reynolds_, once an inmate
+    of Vermont State Prison, and since a professed Episcopal
+    Methodist, and also a licensed local preacher in Windsor,
+    Conn. came to this place about June, 1830, recommended by
+    Brother J. Robbins, as a man worthy of our patronage; and of
+    course I employed him to supply for me in Ware and Hopkinton,
+    (both in N.H.) in which places he was for a short time,
+    apparently useful. But the time shortly arrived when it
+    appeared that he was pursuing a course that rendered him
+    worthy of censure. I therefore commenced measures to put him
+    down from preaching; but before I could get fully prepared for
+    him, he was gone out of my reach. I would however observe, he
+    wrote me a line from Portsmouth, enclosing his license, also
+    stating his withdrawal from us; and thus evaded trial. We
+    have, therefore, never considered him worthy of a place in any
+    Christian church since he left Hopkinton, in May, 1831. And
+    I feel authorized to state, that he does not deserve the
+    confidence of any respectable body of people.
+
+        E.W. STICKNEY, Circuit Preacher,
+        In the Methodist Episcopal Church.
+
+His wrath was enkindled and waxed hot against me, because I thought
+him scarce honorable enough for a high priest, and could not enter
+into fellowship with him. I opposed his ordination as an elder of
+our church, because I thought it dishonor to sit by his side; and he
+therefore tried to make me look as black as himself, by publishing
+things he was enabled to concoct by the aid of certain of my enemies
+in New York. They wrote one or two letters derogatory to my character,
+the substance of which Reynolds took the liberty to publish. For this
+I complained of him to the Grand Jury in Boston, and he was indicted.
+The following is the indictment:
+
+    The Jurors for the Commonwealth of Massachusetts, on their
+    oath present, that John Reynolds of Boston, Clerk, being a
+    person regardless of the morality, integrity, innocence and
+    piety, which Ministers of the Gospel ought to possess and
+    sustain, and maliciously devising and intending to traduce,
+    vilify and bring into contempt and detestation one William
+    Apes, who was on the day hereinafter mentioned, and still is a
+    resident of Boston aforesaid, and duly elected and appointed
+    a minister of the gospel and missionary, by a certain
+    denomination of Christians denominated as belonging to
+    the Methodist Protestant Church; and also unlawfully and
+    maliciously intending to insinuate and cause it to be
+    believed, that the said William Apes was a deceiver and
+    impostor, and guilty of crimes and offences, and of buying
+    lottery tickets, and misappropriating monies collected by
+    him from religious persons for charitable purposes, and for
+    building a Meeting-house among certain persons called Indians.
+
+    On the thirteenth day of August now last past, at Boston
+    aforesaid, in the County of Suffolk aforesaid, unlawfully,
+    maliciously, and deliberately did compose, print and publish,
+    and did cause and procure to be composed, printed and
+    published in a certain newspaper, called the "Daily Commercial
+    Gazette," of and concerning him the said William Apes, and of
+    and concerning his said profession and business, an unlawful
+    and malicious libel, according to the purport and effect, and
+    in substance as follows, that is to say, containing therein
+    among other things, the false, malicious, defamatory and
+    libellous words and matter following, of and concerning said
+    William Apes, to wit: _convinced at an early period of my_
+    (meaning his the said Reynolds) _acquaintance with William
+    Apes_, (meaning the aforesaid William Apes,) _that he_
+    (meaning said William,) _was not what he_ (meaning said
+    William,) _professed to be; but was deceiving and imposing
+    upon the benevolent and Christian public_, (meaning that said
+    William Apes was a deceiver and impostor,) _I_ (meaning said
+    Reynolds,) _took all prudent means to have him_ (meaning
+    said William,) _exposed, and stopped in his_ (meaning said
+    William,) _race of guilt_, (meaning that said William had been
+    guilty of immorality, dishonesty, irreligion, offences and
+    crimes;) _these men_, (meaning one Joseph Snelling and one
+    Norris,) _were earnestly importuned to investigate his_
+    (meaning said William,) _conduct, and enforce the discipline_
+    (meaning the discipline of the church,) _upon him_ (meaning
+    said William,) _for crimes committed since his_ (meaning
+    said William's) _arrival in this city_, (meaning said city of
+    Boston, thereby meaning that said William Apes had been guilty
+    of crimes in said Boston,) _though well acquainted with
+    facts, which are violently presumtive of his_ (meaning said
+    William's) _being a deceiver, his_ (meaning said William's)
+    _friends stand by him_, (meaning said William's) _and will not
+    give him_ (meaning said William,) _up, though black as hell_,
+    (meaning that said William was a deceiver, and of a wicked and
+    black character.) _When I am informed that he_ (meaning said
+    William) _is ordained_, (meaning as a minister of the gospel,)
+    _that he_ (meaning said William,) _is by permission of the
+    brethren travelling, and permitted to collect money to build
+    the house aforesaid_, (meaning the aforesaid Meeting-house,)
+    _for his_ (meaning said William's,) _Indian brethren to
+    worship God in, I shudder not so much because he_ (meaning
+    said William,) _is purchasing Lottery Tickets_, (meaning that
+    said William was purchasing Lottery Tickets, and had spent
+    some of the aforesaid money for that purpose,) _but because I
+    know of his_ (meaning said William's) _pledge to the citizens
+    of New York and elsewhere_, to the great injury, scandal, and
+    disgrace of the said William Apes, and against the peace and
+    dignity of the Commonwealth aforesaid.
+
+        SAMUEL D. PARKER, Attorney of said Commonwealth, within the
+        County of Suffolk.
+        PARKER H. PEIRCE, Foreman of the Grand Jury.
+          A true Copy.--Attest,
+            THOMAS W. PHILLIPS, Clerk of the Municipal Court of the
+            City of Boston.
+
+Subsequently, I entered civil actions against two others, for the
+same offence, and had them held to bail in the sum of fifteen hundred
+dollars, with sureties. This soon made them feel very sore. They had
+put it in my power to punish them very severely for giving rein to
+their malignant passions, and they asked mercy. I granted it, in order
+to show them that I wanted nothing but right, and not revenge; and
+that they might know that an Indian's character was as dearly valued
+by him as theirs by them. Would they ever have thus yielded to an
+Indian, if they had not been compelled? I presume it will satisfy
+the world that there was no truth in their stories, to read their
+confessions, which are as follows:
+
+    _Extract from a letter written by David Ayres, to Elder T.F.
+    Norris, dated New Orleans, April 12, 1833_.
+
+    "I have arrived here this day, and expected to have found
+    letters here from you, and some of my other brethren
+    respecting Apes' suit. I never volunteered in this business,
+    but was led into it by others, and it is truly a hard case
+    that I must have all this trouble on their account."
+
+
+    _Extract of a letter written by David Ayers to William Apes,
+    dated July 1, 1833_.
+
+    "I am, and always have been your friend, and I never expected
+    that any things I wrote about you, would find their way into
+    the public papers. I am for peace, and surely I have had
+    trouble enough. I never designed to injure you, and when all
+    were your enemies, I was your warm friend."
+
+
+    _Extract from a letter written by G. Thomas to Rev. Thomas F.
+    Norris, dated New York, July 12, 1833_.
+
+    "William Apes might by some be said to be an excepted case;
+    but when this is fairly explained and understood, this would
+    not be the fact. My good friends of Boston, and my active
+    little brother Ayres, are to blame for this, and not me. I had
+    no malice against him, I never had done other than wish him
+    well, and done what I hoped would turn out for the best; but
+    knowing he was liable to error (as) others, and the case being
+    placed in such colors to me, I awoke up; and being pressed to
+    give what I did in detail as I thought, all for the good of
+    the cause and suffering innocence; but I am sorry I ever
+    was troubled at all on the subject; I thought that brother
+    Reynolds was a fine catch; but time I acknowledge is a sure
+    tell-tale. And by the by, they have caught me, and eventually,
+    unless Apes will stop proceedings, I must bear all the
+    burthen. Reynolds has got his neck out of the halter, and
+    Ayres is away South, and may never return; and poor me must be
+    at all the trouble and cost, if even the suit should go in my
+    favor. Can I think that Apes will press it? No. I think he has
+    not lost all human milk out of his breast, and will dismiss
+    the suit; and, as to my share of the cost, if I was able, that
+    should be no obstacle. If he will stop it all, if my friends
+    do not settle it, I will agree to, as soon as I am able."
+
+       *       *       *       *       *
+
+    I hereby certify, that I have copied the foregoing passages
+    from the letters purporting to be from David Ayres and G.
+    Thomas, respectively, as above mentioned, and that said
+    passages are correct extracts from said letters. I further
+    certify, that, as the Attorney of said William Apes, I acted
+    for him in the suits brought by him against said Thomas and
+    Ayres for libel, that while said suits were pending, said Apes
+    manifested a forgiving and forbearing disposition, and wished
+    the suits not to be pressed any further than was necessary to
+    show the falsehood of the statements of said Ayres and Thomas,
+    and contradict them; and, that he expressed himself willing to
+    settle with them upon their paying the cost, and acknowledging
+    their error, in consequence of which, by direction from him,
+    after he had perused said letters, I accordingly discharged
+    both suits, the bail of said Thomas and Ayres paying the
+    costs, which amounted to fifty dollars.
+
+    I further certify, that during my acquaintance with said Apes,
+    which commenced as I think, in March last, I have seen nothing
+    in his character or conduct, to justify the reports spread
+    about him, by said Thomas and Ayres; but on the contrary, he
+    has appeared to me to be an honest and well disposed man.
+
+        HENRY W. KINSMAN, No. 33, Court Street. _Boston, November 30,
+        1833_.
+
+        I, the subscriber, fully concur in the above statement.
+          JAMES D. YATES, Elder of the Methodist Protestant Church.
+
+The original confession of Reynolds being lost, I trust that the
+following certificate will satisfy the reader that it has actually had
+existence.
+
+    _To whom it may concern_.
+
+    This is to certify that I have repeatedly seen, and in one
+    instance, copied a paper of confession and _retraction_
+    of Slanders, which the writer stated he had uttered, and
+    published in papers of the day, against William Apes, the
+    preacher to the Marshpee tribe of Indians, signed, John
+    Reynolds, and countersigned as witness, by William Parker,
+    Esq. The copy taken of the above mentioned confession by the
+    subscriber, was sent to the Rev. T.R. Witsil, Albany, N.Y.
+
+        THOMAS F. NORRIS, President of the Protestant Methodist
+        Conference, Mass.
+        Attest,
+          JAMES D. YATES.
+        _Boston, May 7, 1835_.
+
+Nevertheless, lest this should not be sufficient, I am prepared to
+defend myself by written certificates of my character and standing
+among the whites and natives, (the Pequod tribe,) in Groton. They are
+as follows:
+
+    We the undersigned, native Indians of the Pequod tribe, having
+    employed Rev. William Apes as our Agent, to assist us, and to
+    collect subscriptions and monies towards erecting a house to
+    worship in, do hereby certify, that we are satisfied with
+    his agency; and that we anticipated that he would deduct
+    therefrom, all necessary expenses, for himself and family,
+    during the time he was employed in the agency, as we had no
+    means of making him any other remuneration.
+
+        By permission, FREDERICK X[Note: sideways X] TOBY,
+                       LUCRETIA GEORGE,
+        By permission, MARY X[Note: sideways X] GEORGE,
+        By permission, LUCY X[Note: sideways X] ORCHARD,
+                       WILLIAM APES,
+        By permission, MARGARET X[Note: sideways X] GEORGE.
+
+    I, Pardon P. Braton of Groton, in the County of New London,
+    and State of Connecticut, of lawful age, do depose and say,
+    that I was present when the above signers attached their names
+    to the above certificate, by them subscribed, and am knowing
+    to their having full knowledge of the facts therein contained;
+    and further the deponent saith not
+
+        PARDON P. BRATON.
+
+     _Groton, Dec. 3, 1832_.
+
+    County of New London, ss.--Groton, Dec. 3, 1832. Personally
+    appeared, Pardon P. Braton, and made solemn oath to the truth
+    of the above deposition, by him subscribed. Before me,
+
+        WILLIAM M. WILLIAMS, _Justice of the Peace_.
+
+    GROTON, INDIAN TOWN, CONN.
+
+    This may certify, that we, the subscribers, native Indians
+    of the Pequod tribe, do affirm by our signatures to this
+    instrument, that William Apes, Senior, went by our request
+    as Delegate, in behalf of our tribe, to New York Annual
+    Conference, of the Methodist Protestant Church, April 2, 1831.
+    The above done at a meeting of the Pequods, Oct. 6, 1830.
+
+        WILLIAM APES, JR. Minister of the Gospel, and Missionary to
+        that tribe.
+
+    As witness our hands, in behalf of our brethren,
+        By permission, MARY X[Note: sideways X] GEORGE,
+        By permission, LUCY X[Note: sideways X] ORCHARD,
+                       WILLIAM APES,
+        By permission, MARGARET X[Note: sideways X] GEORGE.
+
+    I, Pardon P. Braton of Groton, New London County, State of
+    Connecticut, do depose and say, that I am acquainted with the
+    Pequod tribe of Indians empowering William Apes, Sen. as their
+    Delegate to the New York Conference, as is above stated; and
+    further the deponent saith not.
+
+        PARDON P. BRATON.
+
+    _Groton, Dec. 3, 1832_.
+
+    New London County, ss.--Groton, Dec. 3, 1832. Personally
+    appeared, Pardon P. Braton, and made solemn oath to the truth
+    of the above deposition, by him subscribed. Before me,
+
+        WILLIAM M. WILLIAMS, _Justice of the Peace_.
+
+
+    _To all whom it may concern_.
+
+    This may certify, that we, the undersigners, are acquainted
+    with William Apes and his tribe, of Pequod, and that we live
+    in the neighborhood with them, and know all their proceedings
+    as to their public affairs, and that Mr. Apes, as far as we
+    know, has acted honest and uprightly; and that he has done his
+    duty to his Indian brethren, as far as he could consistently.
+    And that he has duly made known his accounts, and appropriated
+    the monies that was in contemplation for the Indian
+    Meeting-house, for the Pequod tribe; and we also certify that
+    said monies shall be duly appropriated.
+
+    Dated North Groton, Conn, Aug. 28, 1833.
+
+        JONAS LATHAM,
+        ASA A. GORE,
+        JOHN IRISH,
+        WILLIAM M. WILLIAMS.
+
+[Footnote 1: Here we were a little mistaken, not knowing in our
+ignorance, that we were making the Lieut. Governor commander in chief,
+and using his name to nullify the existing laws. Nevertheless, our
+mistake was not greater than many that have been made to pass current
+by the sophistry of the whites, and we acted in accordance with the
+spirit of the constitution, unless that instrument be a device of
+utter deception.]
+
+[Footnote 2: "In respect to the measures you may deem advisable, let
+them be confined in their adoption to an application of the _civil
+power_. If there is resistance, the Sheriff will, with your advice,
+call out the _posse comitatus_, and should there be reason to fear the
+inefficiency of this resort, I will be present personally, to direct
+any _military_ requisitions," &c.]
+
+[Footnote 3: Surely it was either insult or wrong to call the
+Marshpees citizens, for such they never were, from the declaration of
+independence up to the session of the Legislature in 1834.]
+
+[Footnote 4: I do not recollect uttering this expression, and it is
+not one that I am in the habit of using. It surprised me much, too,
+that the Sampsons should all swear alike, when it was impossible that
+they could have heard alike. If I used the word _shine_, it must have
+been in speaking to Mr. William Sampson, in a low tone, about fifty
+yards from the others.]
+
+[Footnote 5: Christmas.]
+
+[Footnote 6: By an Act of the Legislature in April last, 1835, _One
+Hundred Dollars_ is hereafter to be appropriated annually, from the
+School Fund, for the public schools in Marshpee. For this liberal
+act the Marshpees are indebted to the representations made to the
+Committee on education by their Counsel, B.F. HALLETT, Esq. This is
+an evidence of the paternal care of the Legislature, for which we can
+never be too grateful.]
+
+[Footnote 7: Meaning Envoy.]
+
+[Footnote 8: His Excellency LEVI LINCOLN, who proposed to raise
+a regiment to exterminate our tribe, if we did not submit to the
+Overseers.]
+
+[Footnote 9: The Counsel for the Indians, B.F. HALLETT, Esq. could not
+find a member of the House from Barnstable County, who would present
+the petition. The Indians will not forget that they owed this act of
+justice to Mr. CUSHING of Dorchester.]
+
+[Footnote 10: Mr. Apes did not attend.]
+
+
+
+
+AN INQUIRY INTO THE EDUCATION AND RELIGIOUS INSTRUCTION OF THE
+MARSHPEE INDIANS.
+
+
+On the subject of the means taken to educate the Indians, I will say
+a few words in addition to what has already been said, because we wish
+to show that we can be grateful when we have favors bestowed on us. Up
+to 1835, the State had done nothing for education in Marshpee, except
+build us two School-houses in 1831.
+
+Last winter the subject came up in the Legislature of distributing the
+School fund of the State among the towns. A bill was reported to the
+House, in which Marshpee was made a School District and entitled to
+receive a dividend according to its population by the United States
+census. Now this was meant well, and we feel obliged to the Committee
+who thought so much of us as this; but had the law passed in that
+shape, it would have done us no good, because we have no United States
+census. The people of Marshpee, nor the Selectmen knew nothing of this
+law to distribute the School fund, and our pretended missionary, Mr.
+Fish, never interested himself in such matters; but our good friend
+Mr. Hallett, at Boston, thought of us, and laid our claims before the
+Committee, by two petitions which he got from the Selectmen and from
+himself, and the Commissioner. We are told that the chairman of the
+School Committee, Hon. A.H. Everett, took much interest in getting a
+liberal allowance for education in Marshpee. He was once before a
+warm friend to the Cherokees, and his conduct now proved that he was
+sincere. He presented the petitions and proposed a law which would
+give us one hundred dollars a year forever, for public Schools in
+Marshpee, which was the largest sum that had been asked for by our
+friend Mr. H. A number of gentlemen spoke in favor of this allowance,
+and all showed that a spirit of kindness as well as justice toward the
+long oppressed red men, begins to warm the hearts of those who make
+our laws, and rule over us. We trust we are thankful to God for so
+turning the hearts of men toward us.
+
+The Bill passed the House and also the Senate, without any objection,
+and it is now a law of the State of Massachusetts, that the Marshpee
+Indians shall have one hundred dollars every year, paid out of the
+School fund, to help them educate their children. Our proportion as a
+District, according to what other towns receive, would have been but
+fifteen dollars. By the aid of our friends, and particularly of our
+counsel, (Mr. H.) who first proposed it, we shall now receive one
+hundred dollars a year; and I trust the Indians will best show their
+gratitude by the pains they will take to send their children to good
+schools, and by their raising as much more money as they can, to get
+good instructers; and give the rising generation all the advantages
+which the children of the whites enjoy in schooling. This will be one
+of the best means to raise them to an equality, and teach them to put
+away from their mouths forever, the enemy which the white man, when he
+wanted to cheat and subdue our race, first got them to put therein, to
+steal away their brains, well knowing that their lands would follow.
+
+The following are the petitions presented to the Legislature, which
+will give some light on the history of Marshpee.
+
+    To the Honorable General Court:
+
+    The undersigned are Selectmen and School Committee of the
+    District of Marshpee. We understand your Honors are going to
+    make a distribution of the School Fund. Now we pray leave to
+    say that the State, as the guardians of the Marshpee Indians,
+    took our property into their possession, so that we could not
+    use a dollar of it, and so held it for sixty years. We could
+    make no contract with a school-master, and during that time,
+    till 1831, we had no school house in Marshpee, and scarcely
+    any schools. We began to have schools about five years ago,
+    but still want means to employ competent white teachers
+    to instruct our children. Our fathers often petitioned the
+    Legislature to give them schools, but none were given till
+    1831, when the State generously built us two school-houses.
+
+    We also beg leave to remind your Honors that our fathers shed
+    their blood for liberty, and we their children have had but
+    little benefit from it. When a continental regiment of
+    four hundred men were raised in Barnstable county, in 1777,
+    twenty-seven Marshpee Indians enlisted for the whole war. They
+    fought through the war, and not one survives. After the war
+    our fathers had sixty widows left on the Plantation, whose
+    husbands had died or been slain. We have but one man living
+    who draws a pension, and not a widow. We pray you, therefore,
+    to allow to Marshpee, out of the School Fund, a larger amount
+    in proportion than is allowed to other towns and districts who
+    have had better means of education, and to allow us a certain
+    sum per year--and as in duty bound, will ever pray.
+
+        EZRA ATTAQUIN,  : Selectmen and School
+        ISAAC COOMBS,   : Committee of Marshpee
+        ISRAEL AMOS,    : District.
+
+       *       *       *       *       *
+
+    To the Honorable, the Senate and House of Representatives in
+    General Court assembled:
+
+    The undersigned beg leave to represent in aid of the petition
+    of the Selectmen and School Committee of the District of
+    Marshpee, praying for a specific appropriation from the School
+    Fund for the support of public schools in said district, that
+    we are acquainted with the facts set forth in said petition,
+    and believe that the cause of education could no where be more
+    promoted in any District in the Commonwealth than by making
+    a specific annual allowance to said Marshpee District. The
+    Legislature have made a specific annual appropriation of
+    fifty dollars to the Indians on Martha's Vineyard for public
+    schools, and the undersigned are of opinion, that an annual
+    appropriation of double that amount, would be no more than a
+    fair relative proportion for the District of Marshpee. It is
+    highly important that the District should be able to employ
+    competent white teachers, until they can find a sufficient
+    number of good teachers among themselves, which cannot be
+    expected until they have enjoyed greater means of education
+    than heretofore. The undersigned therefore pray that the
+    petition of said Selectmen may be granted, by giving a
+    specific annual allowance to said District.
+
+        BENJ. F. HALLETT, Counsel for the Marshpee Indians.
+        CHARLES MARSTON, Commissioner of Marshpee.
+
+Here it will be seen that the missionary for the Indians on Martha's
+Vineyard, did not go to sleep over his flock, or run after others
+and neglect what ought to be his own fold, as did the missionary,
+Mr. Fish, whom Harvard College sent to the Marshpees, and pays for
+preaching to white men. Mr. Bayley, the white missionary on the
+Vineyard, as I understand, took pains to send a petition to Boston,
+and he got fifty dollars a year for our brethren there, of which we
+are glad. From all we can judge of Mr. Fish, we should have sooner
+expected that instead of trying to help our schools, he would opposed
+our getting any thing for schools, as he also opposed our getting our
+liberty. He has done nothing for us, about our schools, and even tried
+to set the Indians against their counsel, Mr. Hallett, by pretending
+he had lost his influence. When Mr. Fish does as much for our liberty,
+and for our schools, as Mr. Hallett has done, we will listen to his
+advice.
+
+Mr. Bayley, the missionary on the Vineyard, we understand has but
+two hundred dollars a year from Harvard College, while Mr. Fish, at
+Marshpee, has between four and five hundred, and wrongly uses as
+his own about five hundred acres of the best land on the plantation
+belonging to the Indians. The Legislature in 1809, took this land from
+the Indians, without any right to do so, as we think, and thus
+compel them, against the Constitution, to pay out of their property
+a minister they never will hear preach. Is this religious liberty
+for the Indians? Mr. Fish is now cutting perhaps, 200 cords of wood,
+justly belonging to the Indians, when there is scarce five who will
+go and hear him preach in the Meeting-house, erected by the British
+Society for propagating the gospel among the Indians, and given to the
+Indians, but in which Mr. Fish now preaches to the whites, (having but
+one colored male member of his church,[1]) and keeps the key of it,
+for fear that its lawful owners, the Indians, should go in it, without
+his leave. He will not let them have it for holding a camp meeting, or
+for any religious purpose.
+
+Last August we invited Mr. Hallett to come and address us on
+Temperance, and to explain to us the laws. We appointed to meet at the
+Meeting-house, as the most central place. Mr. Fish at first refused to
+let the Indians go into their own Meeting-house, and the people began
+to assemble under the trees, when it was proposed for the Selectmen to
+go and ask for the key, that they might see if Mr. Fish would refuse
+it. At this moment, a white man who had been there some time, and had
+tried to pick a quarrel with Mr. Hallett and the Indians,[2] said he
+was sent by Mr. Fish with the key, and would let the people in, if
+they would promise to come out when _he_ told them to. Mr. Hallett
+declined going in on such terms, and proposed to hold the meeting
+under the trees. This shamed the messenger of Mr. Fish, and he opened
+the door, and the people went in, where Mr. Hallett addressed them.
+While the Indians were thus gratified in meeting their friends, and in
+hearing good advice from Mr. Hallett, on temperance and their affairs,
+Mr. Fish's messenger interrupted the speaker, in a very abrupt and
+indecent manner, and tried to bring on a quarrel and break up the
+meeting. Captain George Lovell, always a friend to the Indians,
+tried to keep Mr. Crocker still, and Mr. Hallett declined having any
+controversy, yet the man persisted in his abuse, until he broke up
+the meeting. Had it been thought best, this insulting ambassador would
+have been put out of the house as a common brawler and disturber; but
+Mr. Hallett forbore to have any controversy with him. He afterwards
+met the Indians in their School-houses, and delivered two addresses
+without interruption from the emissaries of Mr. Fish. This is a
+sample of the way the Indians have been treated about their own
+Meeting-house. In some of the old petitions, the Indians speak of
+this Meeting-house as _our_ Meeting-house, and it was built for them,
+without a dollar from the white men of this country, except when the
+Legislature, at the petition of the Indians, repaired it in 1816. And
+now, no Indian can go inside of it, but by the permission of Mr. Fish,
+whom they will not hear preach.
+
+It seems that the Indians are not to have the benefit of any thing
+given to them. It must all go to the whites. The whites have our
+Meeting-house, and make Marshpee pay about one-third the support of a
+minister they will not hear preach. The other two-thirds comes from a
+fund. In 1711, a pious man named Williams, died in England, and in his
+will he said, "I give the remainder of my estate to be paid yearly to
+the College of Cambridge, in New England, or to such as are usually
+employed to manage the blessed work of _converting the poor Indians_
+there, to promote which, I design this part of my gift."
+
+This was the trust of a dying man, given to Harvard College, that
+great and honorable Literary Institution. And how do they fulfil the
+solemn trust? They have been and still are paying about five hundred
+dollars a year to a missionary for preaching to the whites. This
+missionary, by his own statement, [see Mr. Hallett's argument,] shows
+he has added to his church _twenty_ members from the tribe of over
+three hundred persons, in _twenty-two years_. Is not this more
+expensive in proportion to the good done, than any heathen mission
+on record? Mr. Fish has now been preaching in Marshpee _twenty-four
+years_. In that time he has received from the Williams fund, given
+solely to convert the poor Indians, about five hundred dollars a year,
+as nigh as can be ascertained, which is TWELVE THOUSAND DOLLARS for
+persuading twenty colored persons to join his church. This is six
+hundred dollars for every member added to his church, and if his other
+pay is added, it amounts to nine hundred dollars for each member.
+
+Besides this, Mr. Fish has derived an income, we think not much,
+if any, short of two hundred and fifty dollars a year, from the
+wood-land, pasturage, marshes, Meeting-house, house lot, &c. which he
+has wrongfully held and used of the property of the Indians. Add this
+to his pay from Harvard College, and he has had EIGHTEEN THOUSAND
+DOLLARS, of money that belonged to the Indians, and which, if it had
+been laid up for a fund, would have supplied missionaries for all
+the Indians in New England, according to the will of the pious Mr.
+Williams. We respect the President and Trustees of Harvard College.
+They are honorable men and mean to do right, but I ask them to look
+at this statement, then to read the will of Mr. Williams, and laying
+their hands upon their heart, to ask in the presence of the God of
+the Indian as well as the white man, whether they have done unto the
+Indians of New England and their children, as they would that the
+Indians should do unto them and their children? We are told that we
+might bring a suit in equity, or in some way, to compel the Trustees
+of the Williams fund, to distribute it as the pious donor meant, not
+for the conversion of the whites, even to the taking away from the
+Indians of their Meeting-house and lands, but for "the blessed work of
+converting the poor Indians," as Mr. Williams says in his will.
+
+But it is hard for Indians to contend in the courts of white men,
+against white men. We can have none of our people to decide such
+questions, and what could we do against all the power and influence
+of the Corporation of Harvard College? If the President and Fellows
+of Harvard College prefer to deal unjustly by the poor Indians, and
+violate the trust of Mr. Williams, by giving the funds to the whites
+instead of the poor Indians, they must submit to the wrong, we
+suppose, for there are none strong enough to help them. They can take
+the money from the Indians, but cannot compel them to hear a preacher
+they dislike.
+
+Some people may say that William Apes wants to get what Mr. Fish
+has, but all he asks is, that Harvard College and the State will not
+support an _established religion_ in Marshpee, but leave the Indians
+free to choose for themselves. Mr. Williams did not give his property
+to the Marshpee Indians, more than to any others. It was designed for
+all the Indians in New England, and we cannot see what right Harvard
+College has to give it all for the whites near Marshpee and the
+Indians on Martha's Vineyard. If they are afraid that blind Joseph or
+William Apes, the Indian preachers, should have any of this money, if
+it is withdrawn from Mr. Fish, let them take it, and send a missionary
+among the Marshpee Indians they like. Or let them employ a man, some
+Elliot, if they can find one, to visit all the Indians in New England,
+to find out their condition and spiritual wants, and try to relieve
+them. This would be doing some good with money that is now only used
+to disturb the Indians, to take from them their Meeting-house, to
+create divisions among them, and turn what the pious Williams meant
+for a blessing into a curse to the Indians. What would the pious
+Williams say to Harvard College, could he visit Marshpee on a Sabbath?
+He might go to the Meeting-House built for the Indians, by the society
+in England, of which I believe he was a principal member. He would
+find a while man in the pulpit, white singers loading the worship, and
+the body of the church occupied by seventy or a hundred white persons,
+of the neighboring villages, scarcely one of whom lives on the
+plantation. Among these he would see four, five, six, or possibly ten
+persons with colored skins; not but one male among them, belonging to
+the church. He would probably think he had made a mistake, and that
+he was in a white town, and not among the Indians. He might then go to
+the house of blind Joseph, (the colored Baptist preacher,) or to the
+School-house in Marshpee, and he would there find twenty, thirty, or
+forty Indians, all engaged in the solemn worship of God, united and
+happy, with a little church, growing in grace. He might then visit the
+other School-house, at the neck, where he would find William Apes,
+an Indian, preaching to fifty, sixty, or seventy, and sometimes an
+hundred Indians, all uniting in fervent devotion. After the sermon, he
+would hear a word of exhortation from several of the colored brethren
+and sisters, in their broken way, but which often touches the heart
+of the Indian, more than all the learning that Harvard College can
+bestow. He would hear the Indians singing praises to God, and making
+melody in their hearts if not in their voices. What would he say then,
+when told that Harvard College had paid twelve thousand dollars of his
+funds for converting the poor Indians, to the white minister, who
+had made twenty members in twenty-four years, while the two Indian
+preachers, with forty-seven members to their churches, added in
+three years, were like St. Paul, laboring with their own hands for a
+subsistence?
+
+All the Indians ask of Harvard is, take away your pretended gift. Do
+not force upon us a minister we do not like, and who creates divisions
+among us. Let us have our Meeting-house and our land, and we will be
+content to worship God without the help of the white man.
+
+This Meeting-house might as well be in India as in Marshpee, for all
+the benefit the Indians have of it. It is kept locked all the time,
+with the key in Mr. Fish's possession. It is seen that he would not
+let the Baptist church of Indians have it to ordain their beloved
+pastor, blind Joseph in, and we see how it was granted to the Indians,
+when they wanted it for Mr. Hallett to address them last summer. Not
+only were we forbidden the use of the Meeting-house, but even the land
+which the Legislature unconstitutionally as we think, took from the
+Indians to give to Mr. Fish, is considered by him too holy to be
+defiled by the Indians, who are its true owners.
+
+Last summer, sometime in July, my church desired to have a
+Camp-meeting, of which we had had one before, attended, as we believe,
+with a great blessing. We selected a spot some distance from the
+Meeting-house, in a grove, beside the river; but though not in sight
+of the Meeting-house, it was on the ground which Mr. Fish thinks has
+been set apart for his sole use. After the notice was given of the
+Camp-meeting, I received from Mr. Fish the following note, which is
+here recorded, as an evidence of the Christian spirit with which
+a church in Marshpee consisting of thirty-five members, who were
+Indians, was treated and molested in their worship, by the missionary
+Harvard College has paid so liberally to "convert the poor Indians,"
+and who had but five Indians in his church, not one being a male
+member.
+
+    MARSHPEE, JULY 19, 1834.
+
+
+    Mr. WM. APES,
+
+    _Sir_,--Perceiving by a notice in the "Barnstable Journal," of
+    last week, that you have appointed a Camp-meeting, to commence
+    on the 30th inst. and to be holden on the Parsonage, and in
+    the vicinity of the Meeting-house,
+
+    _This is to forbid the proceeding altogether_!
+
+    You have no pretence for such a measure; and if you persist
+    in your purpose to hold such Meeting, either near the
+    _Meeting-house_, or on _any part of the Parsonage allotment_,
+    you must consider yourself _responsible for the consequences_.
+
+    I am &c.
+
+        PHINEAS FISH.
+
+    Rev. WILLIAM APES.
+
+Soon after this, the Selectmen, one of whom was a member of my
+church, applied to Mr. Fish respecting holding the Camp-meeting on the
+parsonage. The place selected could not have disturbed Mr. Fish, any
+more than people passing in carriages in the main road. We had no
+Meeting-house, our School-houses would not hold the people, and we had
+no other means but to erect our tents and worship God in the open air.
+A pious family of whites from Nantucket, came on the ground, and began
+erecting their tent. Mr. Fish came there in person and ordered them
+off. The man told him that he had his family there, and had no other
+shelter for the night but his tent, which he should not remove, but
+would do so the next day, if he found that he was trespassing on
+any man's rights. But he added, if Mr. Fish turned him off, he would
+publish his conduct to the world. Mr. Fish's interference to break
+up our religious meeting, created much talk, and finally he wrote the
+following letter to the Selectmen; after which we went on and had our
+meeting, in a quiet, orderly and peaceful manner, and we believe it
+was a season of grace, in which the Lord blessed us.
+
+    _To the Selectmen of Marshpee_.
+
+
+    On mature thought, and in compliance with your particular
+    request, I consent to your holding the Camp-meeting, which
+    is this day commenced, on the spot near the river, where the
+    first tent was erected. I consent, (I say,) on the following
+    conditions, viz: That you undertake that no damage come upon
+    the parsonage property, either wood land, or Meeting-house;
+    that no attempt be made to occupy the Meeting-house; that
+    there be no attempt on the Sabbath, or any other day, to
+    interrupt the customary worship at the Meeting-house, and,
+    _that peace, order, and quietude_ be maintained during the
+    time of the Camp-meeting. It is also distinctly understood,
+    that this license is of _special favor_, and _not conceded as
+    your right_, and no way to be taken as a ground for similar
+    requests in future, or for encouraging any future acts of
+    annoyance, vexation, or infringement of the quiet possession
+    of the privileges, secured to me by the _Laws_. And that
+    should any damage be done in any way as aforesaid, you will
+    consider yourselves responsible to the proper authorities.
+
+    With my best wishes for your welfare, your friend,
+
+        PHINEAS FISH.
+        _Marshpee, July 30, 1834_.
+
+The reader may now ask, how came Mr. Fish in possession of this
+property, which he claims to hold by the Laws? I am at liberty to
+publish here, the following views of the law and the facts in the
+case, drawn up by legal counsel whom the Selectmen have consulted. And
+here I take my leave.
+
+
+
+
+
+OPINION AS TO THE TITLE REV. PHINEAS FISH HAS TO THE PARSONAGE, SO
+CALLED, IN MARSHPEE.
+
+
+The first act of the General Court which interfered with the right of
+the Indians to sell their own lands, all of which they owned in common
+in Marshpee Plantation, (including what is now called the parsonage,)
+was in 1650, which provides that no person shall _buy_ land of
+any Indian without license of the General Court. In 1665, this was
+extended to grants for term of years. In 1693, the Indians were put
+under guardianship.
+
+In 1701, an Act was passed specially to protect the Indians in the
+enjoyment of their lands. [Col. Laws, page 150,] It also shows why the
+restriction in the sale of their lands was adopted.
+
+    "Whereas, the government of the late Colonies of the
+    Massachusetts Bay and New Plymouth, to the intent the native
+    Indians might not be injured or defeated of their just rights
+    and possessions, or be imposed on and abused in selling and
+    disposing of their lands, and thereby deprive themselves
+    of such places as were suitable for their settlement", did
+    inhibit the purchase of land without consent of the General
+    Court, notwithstanding which, sundry persons have made
+    purchases, &c.; therefore, all such purchases of lands were
+    vacated, with the exception of towns, or persons who had
+    obtained lands from the Indians, and also by virtue of a grant
+    or title made or derived by or from the General Court. All
+    leases of land from Indians for any term or terms of years to
+    be void, unless license was obtained for such lease from
+    the County Court of Sessions. _Provided_, nevertheless, that
+    nothing in this act shall be held or deemed in any wise to
+    hinder, defeat or make void any bargain, sale or lease of
+    land, made by an Indian to another Indian or Indians.
+
+    1718. This is the first act which took from the Indians
+    their civil capacity to make contracts. It says, "whereas,
+    notwithstanding the care taken and provided (by the former
+    act,) a great wrong and injury happens to said Indians,
+    natives of this country, by reason of their being drawn in by
+    small gifts, or small debts, when they are in drink, and out
+    of capacity to trade, to sign unreasonable bills or bonds for
+    debts which are soon sued, and great charge brought upon them,
+    when they have no way to pay the same, but by servitude";
+    therefore no contract whatever shall be recovered against any
+    Indian native, unless entered into before two Justices of the
+    Peace in the County, both to be present when the contract is
+    executed by the Indian.
+
+The act of 1725, recognizes the rights of Indians to employ persons
+to build houses on _their own lands_. Their own lands then were the
+commons, including the parsonage.
+
+In 1763, Marshpee was incorporated as a District, including the land
+now called the parsonage. "_Be it enacted_, &c. that all the lands
+_belonging_ to the Indians and mulattos in Mashpee be erected into a
+district, by the name of Mashpee." The Proprietors are empowered to
+meet "IN THE PUBLIC MEETING HOUSE," [the one now claimed by Mr. Fish,]
+to elect a Moderator, five Overseers, two to be Englishmen, a town
+Clerk and Treasurer, being Englishmen, two Wardens, and one or more
+Constables. The majority of the Overseers had the sole power to
+regulate the fishery, to lease such lands and fisheries as are held in
+common, not exceeding for two years, and to allot to the Indians their
+upland and meadows. This act was to continue for three years and
+no longer. It does not appear ever to have been revived. The
+revolutionary war intervened, and there is no act after 1766, until
+the act of 1788, after the revolutionary war, which last act put the
+Indians and their lands under strict guardianship.
+
+In this interval between 1766 and 1788, the only transaction on which
+Mr. Fish can found any claim to the parsonage look place. There
+was then either no law existing, which could empower any person to
+sequester and set apart the lands of the Indians, or the law of 1693,
+(if that of 1763 had expired,) was revived, by which the guardianship
+again attached to the Indians. The Indians, it is believed, continued
+to choose their own Overseers, under the charter of 1763, after it
+had expired, and without any authority to do so. It was the only
+government they had during the troubles of the revolution.
+
+We now come to the first evidence of any thing relating to the
+parsonage land being set apart from the common land. This was in 1783,
+and the following is the Deed from the Records of Barnstable County,
+and the only deed relating to this property.
+
+    DEED OF MARSHPEE PARSONAGE.
+
+
+    _Know all Men by these Presents_, That we, Lot Nye, Matthias
+    Amos, Moses Pognet, Selectmen, and Israel Halfday, Joseph Amos
+    and Eben Dives, of the district of Marshpee, _for the support
+    of the Gospel in said Marshpee in all future generations,
+    according to the discipline and worship of the Church in
+    this place, which is Congregational_, do allot, lay out,
+    and _sequester_ forever, a certain tract of land, being four
+    hundred acres more or less, lying within the Plantation of
+    Marshpee, and _being Indian property_, which is to lay as a
+    parsonage forever and to be _improved and used for the sole
+    purpose aforesaid_; and the said tract or parcel of land for
+    the said Parsonage, is situated on the East side of Marshpee
+    river, and bounded as follows, viz: Beginning at a certain
+    spring of fresh water which issues from the head a small
+    lagoon on the East side of Marshpee river aforesaid, and runs
+    into said river a small distance below, and South of the spot
+    where negro Scipio and his wife Jemimai had their house, which
+    is now removed, and from thence running due East into the land
+    until it comes to the great road which leads into Marshpee
+    Neck, so called, and from thence Northwardly bearing Eastward
+    as the said road runs, until it comes to the great road,
+    which is the common road from Barnstable to Falmouth, and then
+    bounded by the last mentioned road Northwardly, and running
+    Westwardly until it comes to Ashir's road, then crossing
+    Falmouth road and running in Ashir's path till it comes
+    to Marshpee river aforesaid, and then upon the said river
+    Southwardly, and on the East side, until it comes to the first
+    station, leaving Quokin, and Phillis his wife, quiet in their
+    possessions; which tract of land, (except Mary Richards'
+    fields and plantation,) which is within the said boundaries,
+    and wood for Mary's own use, and fencing stuff for her fences
+    as they now stand, with all the appurtinances and privileges
+    thereunto belonging, shall be forever for the important
+    purpose of propagating the Gospel in Marshpee, without any
+    let, hindrance or molestation. In confirmation whereof, we
+    have hereunto set our hands and seals, this seventh day of
+    January, one thousand seven hundred and eighty-three. 1783.
+
+        LOT NYE,
+        MATTHIAS X[Note: sideways X] AMOS, his mark.
+        MOSES X[Note: sideways X] POGNET,    "
+
+    N.B. Before the insealing the premises, reserve was made
+    by the signers of this instrument, for the heirs of Mary
+    Richards, that they forever be allowed her in her life time,
+    and Abraham Natumpum and his heirs, be allowed severally to
+    enjoy and possess Scipio's cleared spot of land, and fencing
+    stuff for the same.
+
+        ISRAEL X[Note: sideways X] HALFDAY, his mark.
+        JOSEPH X[Note: sideways X] AMOS,      "
+        EBEN X[Note: sideways X] DIVES,       "
+
+
+    In possession of: Gideon Hawley
+                    : Simon Fish.
+
+    Received November 10, 1800, and is recorded in the 25th Book
+    of Records, for the County of Barnstable, folio 139, and
+    compared.
+
+        Attest, EBENEZER BACON, _Register_.
+
+Lot Nye was a white man, a great Indian speculator. The other five
+were Indians, two calling themselves Selectmen. Now what power had
+these men in 1783, to sequester four hundred acres of the common land
+of the Indians, for any purpose? If they were Selectmen, and had any
+power, that power was expressly limited by the act of 1763, to leasing
+lands for a term not exceeding two years. Here they undertook to make
+a perpetual grant, a sort of dedication of the property to a certain
+purpose. If they could dispose of one acre so, they might with equal
+propriety, have disposed of the whole Plantation. The Indians were all
+tenants in common, and no dedication or transfer of the common land
+could be made, without a legal partition, or the consent of every
+individual tenant. If the pretended Selectmen acted for the Indians,
+they could only do so by power of attorney to act for all the tenants
+in common. There is no other possible legal way, by which land, the
+fee of which is owned by tenants in common, can be transferred, either
+in fee or in occupancy out of their possession forever. But besides,
+no act of the Indians was then valid unless confirmed by the General
+Court. This deed, therefore, of 1783, was void at the time. It seems
+nothing was done with it, until 1800, _seventeen years_ after, when
+it was recorded in the Barnstable County Registry of Deeds, at whose
+instigation does not appear. Now in 1800, when this deed was recorded,
+the Indians were legally minors, and could do no act, and make no
+contract. All the power their Selectmen had in 1783, was taken away.
+They were under five Overseers, who had power to improve and _lease_
+the lands of the Indians and their tenements, but no power to sell,
+sequester or dedicate any part of them. The Overseers had no power to
+take a dollar from the Indians, for religious worship. While this was
+the condition of the Indians under the law of 1789, (which continued
+in full force, with an additional act in 1819, till the new law of
+1834,) the deed was recorded, in 1800, _seventeen years_ after it
+was made by persons who had no power at all to make such a deed. The
+professed object was to set apart 400 acres, of the common land,
+lying in Marshpee, "_and being Indian_ _property_," for a parsonage,
+forever. The clear title then was in the Indians as tenants in common,
+for the deed so declares it, in 1783. The parsonage was their property
+then. How has it ever been conveyed out of their hands? The purpose
+for which this land was to be used, as sequestered by Lot Nye, &c. was
+for the sole purpose aforesaid, viz. "For the support of the Gospel
+in Marshpee in all future generations, according to the discipline
+and worship of the Church in this place, which is Congregational."
+And this property, says the deed, "shall be forever for the important
+purpose of propagating the gospel in Marshpee, without any let,
+hindrance or molestation."
+
+This, then was the design of the original signers of this deed, who
+had no right to sign such a deed at all. Their object was to promote
+the gospel in Marshpee, but how has it turned out? The property has
+been used for twenty-four years, to pay a minister who preaches to the
+whites, and whom the Indians with very few exceptions, will not hear.
+Is not this a gross perversion of the design of the donors, even if
+they had any power to have made this grant? No lawyer will pretend
+that the grant was not void, under this deed alone. There was no
+grantee, no legal consideration, and no power to convey. The deed
+remained on record, until 1809, when the following act was passed by
+the Legislature, attempting to confirm a deed made 26 years before, by
+men who had no power to make such deed.
+
+    COMMONWEALTH OF MASSACHUSETTS,
+
+
+    _House of Representatives, June_ 15, 1809.
+
+    On the representation of the Overseers of the Indian
+    Plantation of Marshpee, in the County of Barnstable, stating
+    in behalf of said Indians, that it would be conducive to their
+    interests, that a certain grant and allotment of lands therein
+    described, _formerly owned by said Indians_, for the support
+    of the gospel ministry among them, should be confirmed and
+    rendered valid.
+
+    _Resolved_, That a certain grant or allotment of land made by
+    Lot Nye, Matthias Amos, Moses Pognet, Isaac Halfday, Joseph
+    Amos, and Eben Dives, of the District of Marshpee, in the
+    County of Barnstable, as appears by their deed by them, and
+    by them signed, sealed and executed, on the seventh day of
+    January, one thousand seven hundred and eighty-three, and
+    recorded in the Registry of Deeds, in and for said County of
+    Barnstable, in the fifty-fifth book thereof, and 139th
+    folio of said book, said land being 400 acres more or less,
+    according to said deed, be and the same hereby is confirmed
+    and rendered valid to all intents and purposes by them in
+    their said deed expressed, and the said tract of land shall be
+    and remain forever as a parsonage, for the use and benefit of
+    a Congregational gospel minister, as expressed and declared in
+    their said deed. Sent up for concurrence.
+
+        TIMOTHY BIGELOW, _Speaker_.
+
+        _In Senate, June_ 19, 1809,
+
+    Read and concurred.
+
+        H.G. OTIS, _President_. Approved, C. GORE.
+
+        June 19, 1809,
+        [True Copy.]
+
+Now, if the deed was not valid in 1783, without the concurrent action
+of the General Court, it could not be made valid by an act of the
+General Court 26 years afterwards. Besides, the land had been in
+possession of the Indians, by virtue of their title, more than twenty
+years, after the making of the pretended deed. The power of the
+grantors, if they ever had any power, had long expired, and Marshpee
+was governed by new laws. We might as well hold that an act passed
+by the House of Representatives in 1783, could be made valid by a
+concurrence of the Senate, in 1809.
+
+It is plain, therefore, that unless the General Court had power
+without the consent of the Indians, to sequester this land in 1809,
+the setting of it apart from the common land, is wholly void, and an
+act of mere arbitrary power. But the general Court never assumed the
+power to convey any land for any purpose, belonging to the Indians
+without their consent. Where and how was their consent given to this
+act of 1809? They were minors in law, and could give no such consent.
+Their Overseers could give none for them, for their power only
+extended to alloting laws to the Indians, and _leasing_ them.
+The pretence, therefore, that this was done at the request of the
+Overseers, gives no strength to the act.
+
+Let another fact be remarked. The original sequestration in 1783,
+was to promote the gospel in Marshpee. The General Court profess to
+confirm and render valid the deed of Lot Nye and others, but they say
+that this four hundred acres "shall remain forever as a parsonage for
+the use and benefit of a Congregational gospel minister, _as expressed
+in their said deed_."
+
+Now no such thing is expressed in their deed. There is not a word
+about a Congregational _minister_; only "for the support of the
+gospel, according to the discipline and worship of the church in this
+place, which is Congregational."
+
+The General Court, therefore, gave a construction to the deed, which
+the deed never warranted. The whole proceeding must be illegal and
+void. The fee still remains in the Indians, and no power existed to
+take it from them without their whole consent as tenants in common,
+which they have never given, and could not give, because they were in
+law minors. Mr. Fish was sent to Marshpee as a minister, and ordained
+in 1811. The Indians, as a society, never invited him to come,
+or settled him. They never gave him possession of the land or
+Meeting-house. They were then minors in law, and could give no
+consent. The white Overseers and Harvard College, were the only powers
+that undertook to give Mr. Fish possession of the property of the
+Indians. It is true, he has held it twenty years, but the statute
+of quiet possession does not run against minors. The Indians were
+declared minors, and could bring no action in court.
+
+This is the true history of the parsonage and Meeting-house now
+wrongfully held by Mr. Fish. Have not the Indians a right to their
+own property? Has the Legislature and Harvard College, a right to
+establish a religion by law in Marshpee, and take the property of
+the Indians to support a minister they will not hear? Where did the
+General-Court get any power to give away the property of the Indians,
+any more than the lands of white men, held in common? They cannot take
+the property of the Indians to support a private individual. Was it
+then a public use? But the Constitution says "no part of the property
+of any individual, can with justice be taken from him, or applied to
+public uses, without his own consent, or that of the representative
+body of the people, and whenever the public exigencies require that
+the property of any individual should be appropriated to public uses,
+he shall receive a reasonable compensation therefor." Apply this to
+the act of the General Court, by which Mr. Fish holds four hundred
+acres of the common lands of the Indians, against their consent,
+and for which they never received a dollar, and answer. Is not the
+Constitution violated, every day he is suffered to remain on the
+plantation, against their consent, subsisting on the property of the
+poor Indians, not to benefit them, but to preach to the whites?
+
+Look at this subject also, in connexion with religious freedom.
+The old article of the Constitution, gave the Legislature power
+to _require_ the towns to provide for public worship at their own
+expense, where they neglected to make such provisions themselves;
+but it also provided that the towns, &c. "shall at all times have the
+exclusive right of electing their public teachers, and of contracting
+with them for their support and maintenance."
+
+This right the Indians have never had in regard to Mr. Fish, nor did
+they neglect to support worship, and if they did, the Legislature had
+no power to take their property and set it apart, but might impose a
+tax or a fine.
+
+But what says the amended article on this subject of religious
+freedom? "The several religious societies of this Commonwealth, (the
+Indian as well as the white man,) whether corporate or unincorporate,
+shall ever have the right to elect their pastors or religious
+teachers, to contract with them for their support, to raise money
+for the erecting and repairing houses of public worship, for the
+maintenance of religious instruction, and all religious sects and
+denominations, demeaning themselves peaceably, and as good citizens,
+shall be equally under the protection of the law."
+
+Are the Indians at Marshpee, protected in the same manner the whites
+are, in their religious freedom? The Indians think not, and with good
+reason; and yet they cannot get redress. They have warned Mr. Fish to
+leave their property; they have dismissed him as their minister, if he
+ever were such, and have forbidden his using their Meeting-house, or
+carrying off their wood. But he persists in holding and using their
+property, as they say wrongfully, and even prohibits their having
+a religious meeting in the woods, without his consent. He is, it
+is stated, at this time employing men to cut and cart wood off the
+plantation, for his support, and it is supposed he will thus take of
+the property really belonging to the Indians, about two hundred cords
+of wood the present year.
+
+Now if this land belongs in common to the Marshpee Indians, as they
+contend it does, Mr. Fish and the white men he employs, (and it is
+understood he employs no others,) violate the law of 1834, and are
+liable to indictment. That law says, "that no person other than
+proprietors or inhabitants of said District, shall ever cut wood [upon
+the common lands,] or transport the same therefrom. And every person
+offending against this provision, shall be liable to indictment
+therefor, and upon conviction, shall pay a fine of not less than
+fifty, nor more than one hundred dollars, to the use of said
+District." In this mode, by indicting the white men employed by Mr.
+Fish, to cut and carry off wood, the question could be tried, which is
+simply whether the fee of the parsonage is in the Indians, or whether
+it is in Mr. Fish, who never had any deed of it in any way. The
+parsonage was common land in 1783. Has it been legally changed since
+in its title, is the question. But even in this matter, as we are
+informed, the courts of justice which are open to white men, are
+closed to the poor Indians. At the last session of the court in
+Barnstable, the Selectmen of Marshpee complained against the white
+men employed by Mr. Fish, for cutting wood on their common lands. The
+District Attorney on ascertaining that the wood was taken from the
+parsonage, so called, undertook to decide the whole question,
+before it went to the court, as it is stated to us, and without any
+examination as to Mr. Fish's title, refused to act upon the complaint.
+Had the indictment been found, the question could have gone to the
+Supreme Court, and been there settled. The Indians now must either
+submit to be wronged until some prosecuting officer will hear their
+complaints, or they must apply for an injunction, to stop Mr. Fish
+cutting any more of their wood. These are believed to be substantially
+the facts and the law, in this case. They are left with a candid
+public to consider, and to form their opinion on, if they cannot be
+shown to be unfounded.
+
+It should be understood that the Committee who reported the act of
+1834, giving the new law to the Indians, did not decide any question
+touching the parsonage. They treated all the plantation as lands owned
+in common. It has been said that the Chairman of the Committee, Mr.
+Barton, had given an opinion that Mr. Fish was entitled to hold
+the property. This is incorrect. To obviate such an impression,
+Mr. Hallett, the counsel for the Indians, wrote to Mr. Barton, and
+received the following reply, which will fully explain the position in
+which the question was left by the Legislature. In the views expressed
+by Mr. Barton, Mr. Hallett fully concurs. Too much praise cannot be
+given to Mr. Barton for the zeal, patience and ability with which he
+discharged the duties of Chairman of the Committee.
+
+    WORCESTER, JULY 1, 1834.
+
+
+    DEAR SIR,
+
+    I last evening received your favor of the 28th ult. The Committee of
+    the Legislature, who had in charge the Marshpee business,
+    intentionally avoided expressing any opinion in regard to the tenure
+    by which Mr. Fish held the parsonage. In our report we merely
+    adverted to the facts, that in 1783, Lot Nye, and several Indians
+    granted 400 acres of the common land, "to be forever for the
+    important purpose of propagating the Gospel in Marshpee." There were
+    no grantees named in the deed. In 1809, the General Court confirmed
+    this grant of a parsonage, "to be held forever for a Congregational
+    Gospel Minister." We found Mr. Fish in possession of the parsonage,
+    _as such a minister_. But whether by virtue of said grant, and his
+    settlement at Marshpee he could hold the parsonage, _as a sole
+    corporation_, we regarded it as a question of purely a judicial
+    character, and one with which it was "not _expedient_," and might we
+    not have added _proper_, "for the Legislature to interfere." If Mr.
+    Fish has rights under these grants, and by virtue of his settlement,
+    I know you will agree with me, that the Legislature can do nothing
+    to divest him of them. And if he had no such right, we were not
+    disposed to create them. I am entirely satisfied with the course
+    which the Committee took in relation to the parsonage; and the
+    circumstance that questions are now agitated in relation to it, show
+    that in one particular, at least, the Committee acted judiciously.
+    We left the parsonage precisely as we found it; leaving to another
+    branch of the government the appropriate responsibility of settling
+    all questions growing out of the grant of 1783, the confirmation of
+    1809, and the settlement of Mr. Fish. Could we by legislation settle
+    those questions, it might have been our  duty to do so, for the
+    sake of the harmony of the District. But it seems to me that any
+    such attempt would have had a tendency to create new difficulties,
+    rather than to diminish old ones.
+
+    A word in regard to my advice to Mr. Fish. I received a letter
+    from Mr. Fish some time since, in which he expressed some
+    apprehensions that an attempt would be made by the natives
+    to take possession of the Meeting-house, parsonage, &c. His
+    letter enclosed rather a singular communication, signed by the
+    Selectmen of Marshpee. I did not keep a copy of my answer
+    to Mr. Fish, but recollect distinctly the substance of it. I
+    alluded to the authority of the Legislature in the premises
+    as I have above. That they intended to leave the parsonage
+    as they found it, without undertaking to limit or modify
+    the effect of former acts. That the appropriate mode for the
+    natives to ascertain their rights to, or to obtain possession
+    of, the parsonage, &c. was by resorting to the courts.
+    That any forcible attempt by single individuals to obtain
+    possession of the Meeting-house, &c. would be a trespass; that
+    if numbers combined for that purpose, it would constitute
+    a riot. I take it I hazarded no professional reputation by
+    giving these opinions. For you very well know, that they would
+    be correct, Mr. Fish being in peaceable possession of the
+    premises, whether he were so by seisin or disseisin, by right
+    or by wrong. I hope, my dear sir, that our experiment in
+    regard to the affairs of our Marshpee friends may yet succeed.
+    If not, I think we may console ourselves as one of old did:
+    that if Rome must fall, we are innocent.
+
+    I am, very respectfully yours,
+        J. BARTON.
+
+The Legislature having thus left the question, to be decided by the
+Courts, if Mr. Fish insists on holding the parsonage, the inquiry must
+arise on legal principles, how was Mr. Fish settled in Marshpee, and
+by what right does he, as a sole corporation, or otherwise, hold the
+parsonage, as an allotment set apart forever for the support of a
+Congregational minister, in Marshpee? Harvard College in which he was
+then, or had been a tutor, sent him there as a missionary under
+the Williams fund. The Legislature took no part whatever in the
+settlement. The Overseers permitted him to take possession of the
+Meeting-house and the parsonage land, so called, and it is understood
+that they consented he should cut the annual growth of the wood off
+the parsonage. But even admitting that the Overseers could so dispose
+of the property of the Indians, for promoting a particular religious
+worship in Marshpee, (which is explicitly denied,) could they convey
+any thing to Mr. Fish beyond the period of their own existence? By the
+law establishing the Overseers, they had no power beyond leasing land
+for two years. How then, could the Overseers grant for life to Mr.
+Fish the improvement of the parsonage and Meeting-house? They might
+have given it to him from year to year, while they were in office, but
+on the abolition of the Overseers, in 1834, and a restoration of
+civil rights to the owners of the fee of the parsonage, the Marshpee
+Proprietors, how could Mr. Fish continue to hold the parsonage against
+their will? Was it by virtue of his settlement, so that he now claims
+the land as a sole corporation? But a minister cannot be settled or
+constituted a sole corporation, without a parish to settle him. "A
+minister of a parish seized of lands in its _right_ as parsonage
+lands, is _a sole corporation_, and on a vacancy, the parish is
+entitled to the profits;" 2d Dane's Abrg. 342. 7 Mass. Rep. 445. Mr.
+Fish is not seized of a parsonage in right of any parish or religious
+society, and therefore he cannot be a sole corporation. In point of
+fact, there was no legal parish in Marshpee, when Mr. Fish went there
+and took possession, under the Overseers, and not in right of
+the parish. A parish or precinct as the law then was, must be a
+corporation entitled and required to support public worship, and
+having all the powers and privileges necessary for that purpose. (See
+8th Mass. Rep. 91.) And where there has been no parish as such created
+in a town, the town itself will be considered a parish. (15 Mass. Rep.
+296.) Marshpee was not a town. The Marshpee Indians were minors in
+law, and there was no legal parish to settle a minister, or to hold a
+parsonage, and no one to make contracts as such. Harvard College had
+no power to settle a minister in Marshpee, nor had the Overseers any
+such power. Their supervision was temporal and not ecclesiastical.
+Besides, the actual Congregational society which subsisted in
+Marshpee, when Mr. Fish was sent there, in 1811, was composed of a
+majority of _whites_. Mr. Fish himself testified before the Committee,
+that the church at Marshpee, in 1811, consisted of sixteen whites
+and but five colored persons. The church members were a majority of
+whites, so that even had the church voted to settle Mr. Fish, it would
+have been a vote of white men having no interest in the premises, and
+not of Indian Proprietors. Mr. Fish admits that the church passed no
+vote. It was asserted by one of the old Overseers, Mr. Hawley, that
+five Indians called on him, after Mr. Fish had preached there, and
+personally expressed a wish to have him stay with them, but there was
+no official act, and no vote of the church or society, and no assent
+of the Proprietors of Marshpee in any form.
+
+Who were the Congregational church, and who the society in Marshpee,
+in 1811? A regularly gathered Congregational church, is composed
+of several persons associated by covenant or agreement of church
+fellowship, (9th Mass. 277.) and a church cannot exist for any legal
+purposes, except as connected with a congregation or some regularly
+constituted religious society. (16 Mass. 488.) Where there are no
+special powers given to the church by the Legislature, the church
+cannot contract with or settle a minister, but that power resides
+wholly in the parish, of which the members of the church, who _are
+inhabitants_, are a part. (9 Mass. Reports, 277. Burr vs. First Parish
+in Sandwich.)
+
+We have seen that there was no legal parish in Marshpee, in 1811, and
+therefore the Congregational church, if there were such then, had no
+power to settle Mr. Fish, even had they done so, which they did not.
+A parish may elect a public teacher, and contract to support him,
+without the consent of the church, if he be ordained by a council
+invited by the parish; but in Mr. Fish's case, he was ordained by the
+request and under the direction of the President and Corporation of
+Harvard College, the Trustees of the Williams fund, with the assent of
+the Overseers. There is then no ground whatever for assuming that
+Mr. Fish ever was settled legally over a Congregational parish in
+Marshpee, so as to establish him a sole corporation, to hold the lands
+belonging to the Proprietors of Marshpee, under the dedication deed of
+1783. If that deed and the subsequent act of 1809, conveyed any thing,
+the conveyance was for the use of the inhabitants as a parsonage,
+there being no parish in Marshpee, distinct from the Plantation. In
+such case, it would be held to be a grant to Marshpee, (that is
+the town,) for the use of its ministers, (14 Mass. 333.) The grant,
+therefore, could it be regarded as such, was to the whole Proprietors
+of Marshpee, and they must first settle a minister before he could
+claim the use of the grant as a minister of the parish.
+
+Neither has Mr. Fish, even if he had been legally settled, any just
+right, under the deed of 1783, to take the whole parsonage, because
+that deed states the principal object of the sequestration of the land
+to be, for the important purpose of promoting the gospel in Marshpee,
+and merely referred to the only worship then known there, which was
+Congregational. When Mr. Fish went there in 1811, there was a Baptist
+church, and they objected to his taking possession of the parsonage.
+
+There is a case in point in the 13th Mass. Rep. 190, which decides,
+that where the original Proprietors of a township appropriated a lot
+of land for a parsonage, and at the same time voted that they would
+endeavor that a Congregational minister should be settled in the
+township, such vote ought not to be construed to limit the benefit of
+the parsonage to a minister of the Congregational order, and that if
+the inhabitants of the parish should become Christians of any other
+Protestant sect, they would be entitled to the land, and that a
+Congregational society, incorporated as a full parish would have no
+right to the parsonage. Neither can a parish convey a parsonage to a
+minister to be held by him in his personal right. By this decision,
+the Baptist or Methodist church in Marshpee have as good claim to the
+parsonage as Mr. Fish has.
+
+The dedication, or whatever it may be called, of Marshpee parsonage,
+was made by Lot Nye, &c. in 1783, and confirmed in 1809, by the
+General Court. Mr. Fish did not become a minister in Marshpee, until
+1811. Whoever settled him there, for the Indians did not, made no
+stipulation as to the income of the parsonage, which could bind the
+Plantation. The society only, could make such stipulation, and they
+did not act in the premises. The Overseers could make no stipulation
+either to bind the parish or the proprietors, because their power only
+extended to giving a lease of land not exceeding two years. In the
+case of Thompson vs. the Catholic-Congregational Society in
+Rehoboth, (5th Pickering, 469,) it was settled that where there was
+a ministerial fund in a parish, and the society settled a minister
+stipulating to pay him a salary, without taking any notice of the
+income of the fund, he must be considered as accepting the salary as
+a full compensation, and the society are entitled to the fund. Harvard
+College settled Mr. Fish in Marshpee, and agreed to pay him about five
+hundred dollars, or two-thirds the proceeds of the Williams fund. The
+society to which Mr. Fish was sent to preach, took no notice of the
+parsonage, nor did the Proprietors of Marshpee, hence Mr. Fish cannot
+hold the proceeds of the parsonage by right of succession, or by
+stipulation, either from the society or the Marshpee Proprietors, and
+therefore the Proprietors of Marshpee are entitled to the parsonage.
+
+There is one other consideration that might legally deprive Mr.
+Fish of his rights in the parsonage, even if he acquired any by the
+transaction in 1811, which is denied. When he went to Marshpee, and
+first preached there, he was of the Unitarian faith, and so continued
+some time. Subsequently, (and most undoubtedly from high conscientious
+motives,) he became Orthodox in his creed, and has remained so ever
+since. [This fact has been named by the President of Harvard College,
+as one reason why the Williams fund has continued to be diverted from
+its proper use; the delicacy Harvard College felt at dismissing Mr.
+Fish, lest it should be ascribed to persecution, for his change of
+sentiments from Unitarian to Orthodox.]
+
+But if Mr. Fish claims to hold the parsonage by the "_laws_," he must
+be governed by the decision of the Court in the celebrated case
+of Burr, vs. the first parish in Sandwich. Mr. Burr was settled an
+Unitarian, and became Orthodox, and this the Supreme Court decided was
+just cause for the parish to dismiss him. Chief Justice Parsons,
+said in that case, that "according to the almost immemorial usage
+of Congregational churches, before the parish settle a minister, he
+preaches with them as a candidate for settlement, with the intent of
+declaring his religious faith, and if he is afterwards settled, it is
+understood that the greater part of the parish and church agree in his
+religious sentiments and opinions. If afterwards the minister adopts
+a new system of divinity, the parish retaining their former religious
+belief, so that the minister would not have been settled on his
+present system, in our opinion the parish have good cause to
+complain." On this ground the Court decided that Mr. Burr had
+forfeited his settlement.
+
+The principle is the same applied to the relation Mr. Fish holds
+to the Marshpee Indians. He was placed over them by others, and the
+Indians are now compelled either to lose all the benefits of their own
+parsonage, or to hear a man in whose doctrines they do not believe,
+and whom they cannot consent to take as their spiritual teacher.
+
+Upon a full investigation into this branch of the inquiry, there seems
+to be no legal or equitable ground, on which Mr. Fish can claim to
+hold the parsonage and Meeting-house against the Proprietors, and he
+must therefore, be regarded as a trespasser, liable to be ejected,
+and the men he employs to cut and cart wood from the plantation, are
+liable to indictment under the new law of 1834.
+
+The invalidity of title, is however, a still stronger ground against
+Mr. Fish's right of adverse occupancy, which he now holds, and a case
+in principle precisely like this, has been decided by the Supreme
+Court of Massachusetts. It occurred in 1798, before there was a
+reporter of the Supreme Court. Hon John Davis, United States District
+Judge, was counsel for the Indians, and Samuel Dexter, for the
+defendant. It was tried on a demurrer, before the Supreme Court in
+Barnstable, upon an action of ejectment, Proprietors of Marshpee, vs.
+Ebenezer Crocker. Judge Paine delivered the opinion of the Court in
+favor of the Indians. Judge Benjamin Whitman of Boston, was also, we
+believe, concerned in the cause. The substance of the case, as stated
+by Judge Davis and Judge Whitman, was thus:
+
+Ebenezer Crocker of Cotuet, had furnished an Indian woman, (known
+as the Indian Queen,) with supplies for many years. She occupied and
+claimed in severalty as her own, a valuable tract of about 200 acres
+of land on the Marshpee Plantation, called the neck, of which tract
+she gave a deed in fee, some time before her death, to said Crocker,
+in consideration of the support he had given her. The consideration
+at that time, was not very greatly disproportioned to the value of
+the land. After her death, she having left no heirs, the grantee,
+Mr. Crocker, who was an influential member of the General Court,
+petitioned that body and procured a full confirmation of the deed
+to him, in the same manner the General Court in 1809, confirmed the
+parsonage deed of 1783, except that there was not so long a time
+intervening between Mr. Crocker's receiving the deed from the Indian
+Queen in her life time, and its full confirmation by the General Court
+after her death.
+
+This took place previous to the law of 1788, putting the Indians under
+guardianship, when either the law of 1693 or the charter of 1763, was
+in force.[3] When the white Overseers came in, in 1798, they found
+Crocker in possession of this land, under the above title, and they
+employed Judge John Davis, as counsel, to vacate the deed and the
+act of the General Court. Judge Davis brought an action of ejectment
+against Crocker, (not in the name of the Overseers,) but in the name
+of the Proprietors of Marshpee, whose property he claimed, was as
+tenants in common, on the ground that the old Queen, though she
+occupied it in severalty during her life, could not, as one tenant in
+common, convey the interest of her co-tenants in common. It was tried
+in the Supreme Court, and the deed was set aside, for insufficiency
+of title. This insufficiency of title vitiated the conveyance on the
+ground that the old Queen had no power to convey when she made the
+deed, and that the General Court had no power to make good, by a
+resolve, a title originally invalid.
+
+Crocker also set up the claim of quiet possession, for thirty years,
+which it was supposed would secure the title; but the Court decided
+that this gave no title, and the land was restored to the Indians, and
+now forms a portion of their common land. Mr. Crocker of course, lost
+all he had furnished to the old Queen, and in this respect, his
+case was harder than it would be, were Mr. Fish dispossessed of the
+parsonage, after enjoying it for twenty-four years, without any title
+thereto. It would he difficult for any lawyer to show why Crocker's
+deed confirmed by the General Court, should have been set aside in
+1798, and Lot Nye's deed, of the parsonage, be held valid in 1834.
+
+On referring to my minutes of the trial of the petition of the
+Indians, for their liberty, in 1834, before a Committee of the
+Legislature, I find the following facts stated by Rev. Phineas Fish,
+who was a witness before that Committee. They will throw some light on
+the subject of inquiry.
+
+    _Rev. Phineas Fish_, sworn. Testifies that he was ordained
+    at Marshpee in 1811. Was invited there by the Overseers of
+    Marshpee. There were five persons of color belonging to the
+    church, and sixteen whites. At the ordination, a white
+    man rose up and protested against it. He said all were not
+    satisfied. It was not a vote of the Indians by which he was
+    settled, and no vote of the church was taken. Five Indians had
+    expressed a wish that he would remain. He received two-thirds
+    of the Williams fund, from Harvard College. It had varied from
+    390 to 433 dollars. Received about 150 dollars per year from
+    the wood-land of the parsonage. Has built a dwelling house,
+    and made improvements on an acre and a half of land of the
+    plantation, of which he holds a deed from the Overseers,
+    confirmed by a resolve of the General Court.
+
+    _Mr. Gideon Hawley_ testified that the Meeting-house was
+    built by the funds of the English Society for propagating the
+    gospel, before 1757, when his father was sent as a missionary
+    to the Indians, by the London Missionary Society. In 1817,
+    five hundred dollars were granted on petition of the Indians,
+    as a donation by the Legislature, to repair the church for the
+    Marshpee Indians. After Mr. Fish had preached in Marshpee, 5
+    Indians came to Mr. Hawley and expressed a wish he would stay
+    with them. There was no vote and no record. Before his father
+    came to Marshpee, in 1757, Bryant, an Indian preacher, used to
+    preach to the Indians, in the Meeting-house. The missionary,
+    (Mr. Hawley,) received one hundred dollars annually, from
+    Harvard College, of the Williams fund. In 1778, the Indians
+    gave the missionary, Mr. Hawley, two hundred acres of land,
+    which witness inherits. [The validity of this title is not
+    disputed.]
+
+    _Hon. Charles Marston_, (one of the Overseers,) testified that
+    Mr. Fish had a Sunday School, principally composed of white
+    children. He did not recollect ever seeing more than eight
+    colored children in it. There were more whites. The Overseers
+    paid the school mistress seven and sixpence a week, and she
+    board herself. To an Indian, who kept school in winter, were
+    paid twelve and nineteen dollars a month. The whites who
+    attend Mr. Fish's meeting, never pay any thing to him or the
+    church. When the tax was required in parishes, many whites got
+    rid of their tax by attending Mr. Fish's meeting. There was
+    always twice as many whites as blacks in the society. Last
+    summer, (1833,) he counted eighteen colored persons, and
+    twice that number of whites. Mr. Dwight, one of the Committee,
+    asked, if so many whites being there, did not tend to
+    discourage the Indians from being interested in the meeting?
+    Mr. Marston thought it might.
+
+    _Deacon Isaac Coombs_, who had been twenty years a deacon in
+    Mr. Fish's church, changed his sentiments, and was baptized
+    by immersion. He testified before the Committee of the
+    Legislature, that when he told Mr. Fish he had been baptized
+    again, Mr. Fish said, "that was rank poison, and that he
+    should expect some dreadful judgment would befal me." Deacon
+    Coombs, who is sixty years old, testified also, that the
+    Meeting-house was built for the use of the Indians. No one
+    could remember when it was built. There was but one colored
+    male church member, when Mr. Fish came to Marshpee, in
+    1811. He further stated to the Committee that his family got
+    discouraged going to Mr. Fish's meeting, from the preference
+    he gave to the whites. He did not come to see his family, and
+    lost his influence by taking part with the guardians against
+    the Indians. There was a difficulty in Mr. Fish's meeting
+    about the singing. The colored people were put back, and the
+    whites took the lead. Mr. Fish has 50 or 60 acres of pasture,
+    East of the river, besides the parsonage.
+
+       *       *       *       *       *
+
+I have thus given my views of the law and the facts, touching the
+parsonage in Marshpee, in order that the Indians and their Selectmen
+who have desired legal advice on the subject, may fully understand
+their rights. I am confident they will never attempt to obtain those
+rights, except in a legal and peaceable way. The Courts at Barnstable,
+it is said, are closed to them, in the way pointed out by the law, the
+District Attorney refusing to prosecute the men who cut wood on the
+parsonage. I invite the attention of that acute and learned officer,
+Charles H. Warren, Esq. to the points made in this opinion, well
+assured that if it can be refuted by any professional gentleman, it
+can be done by him. If he cannot do so, I hope he will permit the
+title of the parsonage to be brought before the Court, under an
+indictment for cutting wood contrary to the act of 1834. I regret the
+necessity of presenting arguments to dispossess Mr. Fish of what he
+doubtless supposes be lawfully holds; but I am looking for the rights
+and the property of the Indians, and am not at liberty to consult
+personal feelings, that would certainly induce me to favor the Rev.
+Mr. Fish, as soon as any man in his situation. I think it as important
+to him as to the Indians, that the title to the parsonage should be
+settled, for there will be feuds, and divisions, and strifes, as long
+as that property remains as it now is, wrongfully taken and withheld
+from the Indians, to support an "ESTABLISHED CHURCH," in Marshpee.
+With this view I have proposed to Mr. Fish, in behalf of the Indians,
+to make up an amicable suit, before the Supreme Court, and obtain
+their opinion, and the parties be governed by it. The Indians are
+ready to submit it to such an arbitration. Mr. Fish declines. The
+only other remedy is an injunction in chancery, to stop the cutting of
+wood. The Indians are not well able to bear the expense, at present,
+or this course would be taken to recover their property. Until some
+legal decision is had, Mr. Fish cannot but see, from an examination of
+the legal grounds set forth herein, that there are strong reasons
+for regarding him as holding in his possession that which rightfully
+belongs to another. The public will not be satisfied, until the rights
+of the Indians are fully secured. I have always been desirous that Mr.
+Fish should not be disturbed in his house lot, and for my own part,
+it would give me pleasure, should the Indians, immediately, on getting
+legal possession of their own parsonage, unanimously invite him
+to settle over them. But so long as he withholds from them their
+property, it cannot be expected that they should receive him as their
+spiritual teacher. It is in direct violation of the Constitution and
+of religious freedom.
+
+      BENJAMIN F. HALLETT,
+      _Counsel for the Marshpee Indians.
+      Boston, May, 20, 1835_.
+
+The Selectmen of Marshpee District, are at liberty to make such use of
+the foregoing, as they think proper.
+
+[Footnote 1: He is not an Indian, nor an original proprietor.]
+
+[Footnote 2: This was Mr. Alvin Crocker, who had formerly enjoyed more
+benefits from the Plantation, than he does under the new law.]
+
+[Footnote 3: In June, 1763, the Governor and Council appointed
+Thomas Smith, Isaac Hinckley and Gideon Hawley, "pursuant to an act
+empowering them to appoint certain persons to have the inspection of
+the Plantation of Marshpee."]
+
+
+
+
+CONCLUDING OBSERVATIONS.
+
+
+If, in the course of this little volume, I have been obliged to use
+language that seems harsh, I beg my readers to remember that it was in
+defence of the character of the people under my spiritual charge and
+of my own. The Marshpees have been reviled and misrepresented in the
+public prints, as much more indolent, ignorant, and degraded than
+they really are, and it was necessary, for their future welfare, as
+it depends in no small degree upon the good opinion of their white
+brethren, to state the real truth of the case, which could not be done
+in gentle terms. The causes which have retarded our improvement could
+not be explained without naming the individuals who have been the
+willing instruments to enforce them.
+
+For troubling my readers with so much of my own affairs, I have this
+excuse. I have been assailed by the vilest calumnies; represented as
+an exciter of sedition, a hypocrite and a gambler. These slanders,
+though disproved, still continue to circulate. Though an Indian, I
+am at least a man, with all the feelings proper to humanity, and
+my reputation is dear to me; and I conceive it to be my duty to the
+children I shall leave behind me, as well as to myself, not to leave
+them the inheritance of a blasted name. In so doing, I humbly presume
+to think, I have not exceeded the moderation, proper for a Christian
+man to use.
+
+    WILLIAM APES.
+
+
+
+
+
+
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Indian Nullification of the
+Unconstitutional Laws of Massachusetts, by William Apes
+
+*** END OF THE PROJECT GUTENBERG EBOOK 12486 ***
diff --git a/LICENSE.txt b/LICENSE.txt
new file mode 100644
index 0000000..6312041
--- /dev/null
+++ b/LICENSE.txt
@@ -0,0 +1,11 @@
+This eBook, including all associated images, markup, improvements,
+metadata, and any other content or labor, has been confirmed to be
+in the PUBLIC DOMAIN IN THE UNITED STATES.
+
+Procedures for determining public domain status are described in
+the "Copyright How-To" at https://www.gutenberg.org.
+
+No investigation has been made concerning possible copyrights in
+jurisdictions other than the United States. Anyone seeking to utilize
+this eBook outside of the United States should confirm copyright
+status under the laws that apply to them.
diff --git a/README.md b/README.md
new file mode 100644
index 0000000..8cd5ab8
--- /dev/null
+++ b/README.md
@@ -0,0 +1,2 @@
+Project Gutenberg (https://www.gutenberg.org) public repository for
+eBook #12486 (https://www.gutenberg.org/ebooks/12486)
diff --git a/old/12486-8.txt b/old/12486-8.txt
new file mode 100644
index 0000000..cc2fa51
--- /dev/null
+++ b/old/12486-8.txt
@@ -0,0 +1,5981 @@
+The Project Gutenberg EBook of Indian Nullification of the
+Unconstitutional Laws of Massachusetts, by William Apes
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Indian Nullification of the Unconstitutional Laws of Massachusetts
+       Relative to the Marshpee Tribe: or, The Pretended Riot Explained
+
+Author: William Apes
+
+Release Date: June 2, 2004 [EBook #12486]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK INDIAN NULLIFICATION ***
+
+
+
+
+Produced by David Starner, Leah Moser and the Online Distributed
+Proofreading Team.
+
+
+
+
+
+
+[Illustration: MANNER OF INSTRUCTING THE INDIANS.]
+
+INDIAN NULLIFICATION OF THE UNCONSTITUTIONAL LAWS OF MASSACHUSETTS.
+RELATIVE TO THE MARSHPEE TRIBE: OR,
+THE PRETENDED RIOT EXPLAINED,
+
+
+BY WILLIAM APES, AN INDIAN AND PREACHER OF THE GOSPEL
+
+1835.
+
+
+
+
+Entered according to Act of Congress, in the year one thousand eight
+hundred and thirty-five, by WILLIAM APES, in the Clerk's Office of the
+District Court of Massachusetts.
+
+
+
+
+TO THE WHITE PEOPLE OF MASSACHUSETTS
+
+       *       *       *       *       *
+
+The red children of the soil of America address themselves to the
+descendants of the pale men who came across the big waters to seek
+among them a refuge from tyranny and persecution.
+
+We say to each and every one of you that the Great Spirit who is the
+friend of the Indian as well as of the white man, has raised up among
+you a brother of our own and has sent him to us that he might show us
+all the secret contrivances of the pale faces to deceive and defraud
+us. For this, many of our white brethren hate him, and revile him, and
+say all manner of evil of him; falsely calling him an impostor. Know,
+all men, that our brother APES is not such a man as they say. White
+men are the only persons who have imposed on us, and we say that we
+love our red brother, the Rev. WILLIAM APES, who preaches to us, and
+have all the confidence in him that we can put in any man, knowing him
+to be a devout Christian, of sound mind, of firm purpose, and worthy
+to be trusted by reason of his truth. We have never seen any reason to
+think otherwise.
+
+We send this forth to the world in love and friendship with all
+men, and especially with our brother APES, for whose benefit it is
+intended.
+
+Signed by the three Selectmen of the Marshpee Tribe, at the Council
+House, in Marshpee.
+
+ISRAEL AMOS, ISAAC COOMBS, EZRA ATTAQUIN.
+
+_March_, 19, 1835.
+
+
+
+
+BOSTON, OCTOBER 2, 1834,
+
+_To whom it may concern_.
+
+The undersigned was a native of the County of Barnstable, and was
+brought up near the Marshpee Indiana. He always regarded them as a
+people grievously oppressed by the whites, and borne down by laws
+which made them poor and enriched other men upon their property. In
+fact the Marshpee Indians, to whom our laws have denied all rights of
+property, have a higher title to their lands than the whites have, for
+our forefathers claimed the soil of this State by the _consent of the
+Indians_, whose title they thus admitted was better than their own.
+
+For a long time the Indians had been disaffected, but no one was
+energetic enough among them to combine them in taking measures for
+their rights. Every time they had petitioned the Legislature, the
+laws, by the management of the interested whites, had been made more
+severe against them. DANIEL AMOS, I believe, was the first one among
+them, who conceived the plan of freeing his tribe from slavery.
+WILLIAM APES, an Indian preacher, of the Pequod tribe, regularly
+ordained as a minister, came among these Indians, to preach. They
+invited him to assist them in getting their liberty. He had the talent
+they most stood in need of. He accordingly went forward, and the
+Indians declared that no man should take their wood off their
+plantation. APES and a number of other Indians quietly unloaded a load
+of wood, which a Mr. SAMPSON was carting off. For this, he and some
+others were indicted for a riot, upon grounds extremely doubtful in
+law, to say the least. Every person on the jury, who said he thought
+the Indians ought to have their liberty, was set aside. The three
+Indians were convicted, and APES was imprisoned thirty days.
+
+It was in this stage of the business, after the conviction, that I
+became the counsel of the Indians, and carried their claims to the
+Legislature, where they finally prevailed.
+
+The persons concerned in the riot, as it was called, and imprisoned
+for it, I think were as justifiable in what they did, as our fathers
+were, who threw the tea overboard; and to the energetic movements of
+WILLIAM APES, DANIEL AMOS and others, it was owing that an impression
+was made on the Legislature, which induced them to do partial justice
+toward this long oppressed race. The imprisonment of those men, in
+such a cause, I consider an honour to them, and no disgrace; no more
+than the confinement of our fathers, in the Jersey prison-ship.
+
+BENJAMIN F. HALLETT,
+
+_Counsel for the Marshpee Indian_.
+
+
+
+
+INTRODUCTION.
+
+       *       *       *       *       *
+
+The writer hopes that the public will give him credit for an intention
+to adhere rigidly to the truth, in presenting his views of the late
+difficulties of the Marshpee Tribe, as it is as much his wish as his
+intention to do justice to all his brethren, without distinction of
+colour. Yet he is sensible that he cannot write truly on this subject
+without attracting the worst wishes of those who are enemies to
+liberty, or would reserve it exclusively to themselves. Could he speak
+without incurring such enmity, he would be most happy to do so; but he
+is fully aware that he cannot even touch this matter without exposing
+himself to certain calumny. This has been his portion whenever he has
+attempted to plead the cause of his ignorant and ever-oppressed red
+brethren. Nevertheless, he will endeavour to speak independently, as
+if all men were his friends, and ready to greet him with thundering
+applause; and he would do so if their voices were to pronounce on him
+a sentence of everlasting disgrace. He writes not in the expectation
+of gathering wealth, or augmenting the number of his friends. But
+he has not the least doubt that all men who have regard to truth
+and integrity, will do justice to the uprightness of his intentions.
+(Heaven be praised! there are some such men in the world.) He is
+equally sure that the evidence contained in this little work will be
+satisfactory, as to all the points he wishes to establish, to all who
+are open to conviction.
+
+It is true that the author of this book is a member of the Marshpee
+Tribe, not by birth, but by adoption. How he has become one of that
+unfortunate people, and why he concerns himself about their affairs,
+will now be explained to the satisfaction of the reader. He wishes
+to say in the first place, that the causes of the prevalent prejudice
+against his race have been his study from his childhood upwards. That
+their colour should be a reason to treat one portion of the human race
+with insult and abuse has always seemed to him strange; believing
+that God has given to all men an equal right to possess and occupy the
+earth, and to enjoy the fruits thereof, without any such distinction.
+He has seen the beasts of the field drive each other out of their
+pastures, because they had the power to do so; and he knew that the
+white man had that power over the Indian which knowledge and superior
+strength give; but it has also occurred to him that Indians are men,
+not brutes, as the treatment they usually receive would lead us to
+think. Nevertheless, being bred to look upon Indians with dislike and
+detestation, it is not to be wondered that the whites regard them as
+on a footing with the brutes that perish. Doubtless there are many who
+think it granting us poor natives a great privilege to treat us with
+equal humanity. The author has often been told seriously, by sober
+persons, that his fellows were a link between the whites and the brute
+creation, an inferior race of men to whom the Almighty had less
+regard than to their neighbours, and whom he had driven from their
+possessions to make room for a race more favoured. Some have gone so
+far as to bid him remove and give place to that pure and excellent
+people who have ever despised his brethren and evil entreated them,
+both by precept and example.
+
+Assumption of this kind never convinced WILLIAM APES of its own
+justice. He is still the same unbelieving Indian that he ever was.
+Nay, more, he is not satisfied that the learned and professedly
+religious men who have thus addressed him, were more exclusively the
+favourites of his Creator than himself, though two of them at least
+have been hailed as among the first orators of the day, and spoke
+with an eloquence that might have moved stocks and stones. One of
+them dwells in New York and the other in Boston. As it would avail him
+little to bespeak the favour of the world in behalf of their opinions
+by mentioning their names, he will proceed with the matter in hand,
+viz. the troubles of the Marshpee people, and his own trial.
+
+
+
+
+INDIAN NULLIFICATION, &c.
+
+
+It being my desire, as well as my duty as a preacher of the gospel, to
+do as much good as in me lay to my red brethren, I occasionally paid
+them a visit, announcing and explaining to them the word of life,
+when opportunity offered. I knew that no people on earth were more
+neglected; yet whenever I attempted to supply their spiritual wants,
+I was opposed and obstructed by the whites around them, as was the
+practice of those who dwelt about my native tribe, (the Pequods,) in
+Groton, Conn. of which more will be said in another place.
+
+Being on a tour among my brethren in May, 1833, I was often asked why
+I did not visit my brethren of Marshpee, of whom I had often heard.
+Some said that they were well provided, and had a missionary, named
+FISH, who took care of their lands and protected them against the
+fraud of such of their neighbours as were devoid of principle. Others
+asserted that they were much abused. These things I heard in and about
+Scituate and Kingston, where I had preached. Some of those who spoke
+thus, were connected with the missionary. The light thus obtained
+upon the subject being uncertain, I resolved to visit the people of
+Marshpee, and judge for myself. Accordingly I repaired to Plymouth,
+where I held forth on the civil and religious rights of the Indians,
+in Dr. KENDALL'S church, and was treated with Christian kindness by
+the worthy pastor and his people. Dr. KENDALL gave me a letter of
+introduction to Mr. FISH, at Marshpee. Being unacquainted with
+the way, I strayed a little from it, and found a number of good
+Congregationalists of the old school, who invited me to tarry and
+preach to them in the evening, which I did, to their acceptance; for
+they and their pastor desired me to remain and preach on the Sabbath,
+which, however, I could not consistently do. I proceeded thence to
+Sandwich, where I made my mission known to Mr. COBB, the Orthodox
+preacher, who appeared to be pleased.
+
+Mr. COBB said that he had agreed to exchange with Mr. FISH, on the
+Sabbath following, but as it was inconvenient for him to do so, he
+would give me a line to him. With this furtherance I set forward, and
+arrived at Mr. FISH's house before sunset, informing those I met on
+the way that I intended to preach on the next day, and desiring them
+to advise others accordingly. When I made my business known to Mr.
+FISH, he treated me with proper kindness, and invited me to preach for
+him. When I awoke in the morning, I did not forget to return thanks to
+God for his fatherly protection during the night, and for preserving
+me in health and strength, to go through the duties of the day. I
+expected to meet some hundreds of the tribe, and to hear from their
+lips the sweet song of salvation which should prepare their minds for
+the words of life, to be delivered by one of the humblest servants of
+God. I hoped that grace might be given to me to say something to my
+poor brethren that might be for their advantage in time and eternity;
+after which I thought I should see their faces no more. I looked to
+see them thronging around their missionary in crowds, and waited for
+this agreeable sight with great anxiety.
+
+The time appointed for the service was half past ten. When it arrived,
+we got into our carriages and proceeded to the Meeting-house, which
+was about two miles and a half distant. The sacred edifice stood in
+the midst of a noble forest, and seemed to be about a hundred
+years old; circumstances which did not render its appearance less
+interesting. Hard by was an Indian burial ground, overgrown with
+pines, in which the graves were all ranged North and South.
+A delightful brook, fed by some of the sweetest springs in
+Massachusetts, murmured beside it. After pleasing my eyes with this
+charming landscape, I turned to meet my Indian brethren and give
+them the hand of friendship; but I was greatly disappointed in the
+appearance of those who advanced. All the Indians I had ever seen were
+of a reddish color, sometimes approaching a yellow; but now, look to
+what quarter I would, most of those who were coming were pale faces,
+and, in my disappointment, it seemed to me that the hue of death sat
+upon their countenances. It seemed very strange to me that my brethren
+should have changed their natural color, and become in every respect
+like white men. Recovering a little from my astonishment, I entered
+the house with the missionary. It had the appearance of some ancient
+monument set upon a hill-top, for a landmark to generations yet
+unborn. Could Solomon's temple have been set beside it, I think no one
+would have drawn an architectural comparison. Beautiful as this place
+was, we had little time to admire it; something more solemn demanded
+our attention. We were to prepare ourselves for a temple more splendid
+than ever was built by hands. When the congregation were seated, I
+arose and gave out the psalm. I now cast my eyes at the gallery, that
+I might see how the songsters who were tuning their harps appeared;
+but, with one exception, paleness was upon all their faces. I must
+do these _Indians_ the justice to say that they performed their parts
+very well. Looking below, something new caught my attention. Upon
+two seats, reserved along the sides of the temple for some of the
+privileged, were seated a few of those to whom the words of the
+Saviour, as well as his scourge of small cords, might be properly
+applied, "It is written that my house shall be called the house of
+prayer, but ye have made it a den of thieves;" for these pale men were
+certainly stealing from the Indians their portion in the gospel, by
+leaving their own houses of worship and crowding them out of theirs.
+The law, perhaps, allowed them to do so. After singing and prayer, I
+preached one of my humble sermons, after which I attended a Sabbath
+School, in which a solitary red child might be seen here and there.
+By what I saw, I judged that the whites were much favored, while the
+little red children were virtually bidden to stand aside. I understood
+that the books that were sent to them had been given to the white
+scholars.
+
+After a slight refreshment, the duty of worship was resumed; and I
+discovered that plain dealing was disagreeable to my white auditory.
+I inquired where _the Indians_ were; to which Mr. Fish replied, that
+they were at a place called Marshpee, and that there was a person
+called _Blind Joe_, who tried to preach to them, which was the cause
+of their absence. Though the said Joe was one of them, he had done
+them more harm than good. I asked why he did not invite Blind Joe, and
+get him to preach for him a part of the time. He answered, that that
+could not be; that Joe was not qualified to preach and instruct. I
+replied that he could not, perhaps, be sure of that, and that if he
+had followed the course I had mentioned, it would at least have been
+the means of uniting the people, which would of itself have been great
+good. It was then concluded to have a meeting at Marshpee; and, in the
+afternoon of the next day, I paid the people of that place a visit in
+their Meeting-house. I addressed them upon temperance and education,
+subjects which I thought very needful to be discussed, and plainly
+told them what I had heard from their missionary, viz: That it was
+their general disposition to be idle, not to hoe the corn-fields they
+had planted, to take no care of their hay after mowing it, and to lie
+drunken under their fences. I admonished them of the evil of these
+their ways, and advised them to consider any white man who sold them
+rum their enemy, and to place no confidence in him. I told them that
+such a person deserved to have his own rum thrown into his face.
+I endeavored to show them how much more useful they might be to
+themselves and the world if they would but try to educate themselves,
+and of the respect they would gain by it. Then, addressing the throne
+of grace, I besought the Lord to have mercy on them and relieve
+them from the oppressions under which they laboured. Here Mr. Fish
+cautioned me not to say any thing about oppression, that being,
+he said, the very thing that made them discontented. They thought
+themselves oppressed, he observed, but such was not the case. They
+had already quite liberty enough. I suggested to him the propriety of
+granting them the privileges enjoyed by the whites about them; but he
+said that that would never do, as they would immediately part with
+all their lands. I told him that, if their improvement was his aim,
+he ought to go among them and inquire into their affairs; to which he
+replied that he did go at times, but did not say much to them about
+their worldly concerns. He asked me if I thought it proper to preach
+about such things. I answered that I thought it proper to do good in
+any way; that a variety was not amiss, and that such a course would
+convince his flock that he had their welfare at heart.
+
+I had now appointed to meet my brethren on Wednesday evening
+following, when I expected to bid them farewell forever; and in the
+mean while I had obtained a letter of introduction to Mr. Pratt, of
+Great Marshes. There I gave the audience a word in season, upon the
+subject of Indian degradation, which did not appear to please them
+much. I then visited Barnstable, and finding no resting place there
+for the sole of my foot, I journeyed as far as Hyannis, where I was
+entertained with hospitality and kindness. On the evening of the
+fourteenth day, I again preached on the soul-harrowing theme of Indian
+degradation; and my discourse was generally well received; though it
+gave much offence to some illiberal minds, as truth always will, when
+it speaks in condemnation. I now turned my face toward Marshpee, to
+preach the word there.
+
+I had made up my mind to depart early on the morrow, and therefore,
+that I might hear of their concerns, and how they fared from their own
+mouths, I intended to commence my labours early in the day. I had not
+the least intention of staying with my brethren, because I saw that
+they had been taught to be sectarians, rather than Christians, to
+love their own sect and to hate others, which was contrary to the
+convictions of my own experience as well as to the doctrine of Jesus
+Christ. What ensued led me to look farther into their case. The
+lecture I had delivered in the Meeting-house, had wrought well, and a
+small pamphlet that contained a sketch of the history of the Indians
+of New England had had a good effect. As I was reading from it, an
+individual among the assembly took occasion to clap his hands, and
+with a loud shout, to cry, "Truth, truth!" This gave rise to a general
+conversation, and it was truly heart-rending to me to hear what my
+kindred people had suffered at the hands of the whites.
+
+Having partook of some refreshment, we again met to worship God in the
+School-house; where I believe that the Spirit of the Lord was revealed
+to us. Then, wishing to know more of their grievances, real or
+supposed, and upon their invitation, I appointed several meetings;
+for I was requested to hear their whole story, and to help them. I
+therefore appointed the twenty-first of May, 1833, to attend a council
+to be called by my brethren. In the mean while I went to Falmouth,
+nine miles distant, where I held forth upon the civil and religious
+rights of the Indians. Some, who apparently thought that charity
+was due to themselves, but not to the red men, did not relish the
+discourse; but such as knew that all men have rights and feelings,
+and wished those of others to be respected as well as their own, spoke
+favourably of it. Of this number was Mr. Woodbury, the minister, who
+thought it would do good. I then returned to Marshpee, to attend the
+council.
+
+The meeting was held in the school-room. Business commenced at about
+nine in the morning, and continued through the day. The first that
+arose to speak was an Indian, Ebenezer Attaquin by name. Tears flowed
+freely down his time-furrowed cheeks, while he addressed us in a
+manner alike candid and affectionate. The house was well filled.
+
+After listening patiently to the tale of their distresses, I
+counselled them to apply for redress to the Governor and Council. They
+answered, that they had done so; but _had never been able to obtain a
+hearing_. The white agents had always thrown every obstacle in their
+way. I then addressed them in a speech which they all listened to with
+profound attention.
+
+I began by saying that, though I was a stranger among them, I did
+not doubt but that I might do them some good, and be instrumental in
+procuring the discharge of the overseers, and an alteration of the
+existing laws. As, however, I was not a son of their particular tribe,
+if they wished me to assist them, it would be necessary for them to
+give me a right to act in their behalf, by adopting me; as then our
+rights and interests would become identical. They must be aware that
+all the evil reports calumny could invent, would be put in circulation
+against me by the whites interested, and that no means to set them
+against me would be neglected. (Had the inspiration of Isaiah spoken
+these words, they could not have been more fully accomplished, as is
+known to the whites of Barnstable County, as well as the Indians.)
+
+Mr. Ebenezer Attaquin, being one of the prayer leaders, replied first,
+and said, "If we get this man to stand by us, we must stand by him,
+and if we forsake him after he undertakes for us, God will forsake us
+also."
+
+Mr. Ezra Attaquin wished to know if I could not come and dwell with
+them, as so I could do them more good than if abiding at a distance.
+Mr. Ebenezer Attaquin said in reply, that if such a chance should be
+offered to a white man, he would be very glad to accept it.
+
+I now inquired what provision could be made for me, if I should
+consent to their wishes. They answered that their means were small,
+but that they would provide a house for me to live in, and do what
+they could for my support. I said that, knowing their poverty, I did
+not expect much, and gave them to understand that I could dig, and
+fish, and chop wood, and was willing to do what I could for myself.
+The subject of religious instruction was then discussed, and the
+inquiry was made, what should be done with their poor, blind brother,
+(who was then absent among another sect.) I answered that I was very
+willing, to unite my labours with his, as there was plenty of work for
+both of us; and that had I but half a loaf of bread, I would gladly
+divide it with him. It was then agreed that we should unite, and
+journey together on the road toward heaven.
+
+The case Of Mr. Fish was next laid before the council, and Complaints
+were made, that he had neglected his duty; that he did not appear to
+care for the welfare of the tribe, temporal or spiritual; that he had
+never visited some of the brethren at all, and others only once in
+five or seven years; that but eight or ten attended his preaching;
+that his congregation was composed of white people, to whom his visits
+were mostly confined, and that it seemed that all he appeared to
+care for was to get a living, and make as much as he could out of the
+Indians, who could not see any reason to think him their friend.
+It was, therefore, agreed to discharge him, and three papers were
+draughted accordingly. One was a petition to the Governor and Council,
+a second to the Corporation of Harvard College; the first complaining
+against the Overseers, and the laws relating to the tribe; and the
+second against the missionary set over them by Harvard College and the
+Overseers. The third document was a statement of my adoption into the
+tribe, and was signed by all present, and subsequently by others, who
+were not present, but were equally desirious of securing their rights.
+It was as follows,
+
+    _To all whom it may concern, from the beginning of the world
+    up to this time, and forever more_.
+
+    Be it known, that we, the Marshpees, now assembled in the
+    presence of God, do hereby agree to adopt the Rev. William
+    Apes, of the Pequod tribe, as one of ours. He, and his wife,
+    and his two children, and those of his descendants, forever,
+    are to be considered as belonging to the Marshpee tribe of
+    Indians. And we solemly avow this, in the presence of God, and
+    of one another, and do hereby attach our names to the same,
+    that he may take his seat with us and aid us in our affairs.
+    Done at the Council House in Marshpee, and by the authority of
+    the same, May 21st, 1833.
+
+        EBENEZER ATTAQUIN, _President_.
+
+        ISRAEL AMOS, _Secretary_.
+
+To this instrument there are about a hundred signatures, which were
+affixed to the other papers above mentioned also. The resolutions
+which were sent to the two bodies were these:
+
+    _Resolved_, That we, as a tribe, will rule ourselves, and have
+    the Constitutionso; for all men are born free and equal, says
+    the Constitutien of the country.
+
+    _Resolved_, That we will not permit any white man to come upon
+    our plantation, to cut or carry off wood or hay, or any other
+    article, without our permission, after the 1st of July next.
+
+    _Resolved_, That we will put said resolutions in force after
+    that date, (July next,) with the penalty of binding and
+    throwing them from the plantation, if they will not stay away
+    without.
+
+These resolutions were adopted by the tribe, and put in force, as will
+be seen hereafter. It was hoped that, though the whites had done all
+they could to extinguish all sense of right among the Indians, they
+would now see that they had feelings as well as other men.
+
+The petition to the corporation of Harvard set forth the general
+dissatisfaction of the tribe with the missionary sent them by that
+honorable body, according to the intended application of the Williams
+Fund. The money was no more intended for Mr. Fish than for any other
+clergyman; neither had the Indians given him a call. They thought it
+right to let his employers know that he had not done his duty, because
+he not only received between five and six hundred dollars from the
+college, but had possession of five or six hundred acres of the
+tribe's best woodland, without their consent or approbation, and
+converted them to his own exclusive use, pretending that his claim and
+right to the same was better than that of the owners themselves. Not
+liking this, the Indians solicited his discharge. The document runs
+thus:
+
+    To our white brethren at Harvard College and trustees of the
+    Williams fund, that is under the care of that body, for the
+    important use of converting the poor heathen in New England,
+    and who, we understand, by means of that fund, have placed
+    among us the Rev. Phineas Fish.
+
+    We thought it very likely that you would like to know if we,
+    as a people, respected his person and labors, and whether the
+    money was benefiting the Indians or not. We think it our duty
+    to let you know all about it, and we do say, as the voice of
+    one, with but few exceptions, that we as a tribe, for a long
+    time, have had no desire to hear Mr. Fish preach, (which is
+    about ten years) and do say sincerely that we, as a body, wish
+    to have him discharged, not because we have anything against
+    his moral character, but we believe his labors would be more
+    useful somewhere else, and for these reasons,
+
+    1st. We, as a people, have not been benefited by his
+    preaching; for our moral character has not been built up, and
+    there has been no improvement in our intellectual powers, and
+    we know of no Indian that has been converted by his preaching.
+
+    2d. We seldom see him upon our plantation to visit us, as a
+    people. His visits are as follows--To one house, one visit in
+    one year--to another, two visits in five years--to another one
+    in seven--and to many, none at all. (We would here remark that
+    Mr. Fish has not improved, but rather lost ground; for history
+    informs us that such was the anxiety of the whites, that it
+    was thought best to visit the Indians twice in one year, and
+    preach to them, so as to save them.)
+
+    3d. We think that twenty years are long enough for one trial.
+    Another reason is that you and the people think that we are
+    benefited by that fund, or money paid to him for preaching to
+    the Indians--and we are not. White people are his visitors
+    and hearers. We would remark here that we have no objection to
+    worship with our white neighbors, provided they come as they
+    ought to come, and not as thieves and robbers, and we would
+    ask all the world if the Marshpee Indians have not been robbed
+    of their rights. We wonder how the good citizens of Boston, or
+    any town would like to have the Indians send them a preacher
+    and force him into the pulpit and then send other Indians to
+    crowd the whites out of their own meeting house and not pay
+    one cent for it. Do you think the white men would like it? We
+    trow, not; and we hope others will consider, while they read
+    our distressing tale. It will be perceived that we have no
+    objection if hundreds of other nations visit our meeting
+    house. We only want fair play; for we have had foul play
+    enough.
+
+    4th. We do not believe but that we have as good a right to
+    the table of the Lord as others. We are kept back to the last,
+    merely because our skins are not so white as the whites', and
+    we know of no scriptures that justify him in so doing. (The
+    writer would here observe, that he wonders any person
+    guilty of a dark skin will submit to such unchristian usage,
+    especially as the minister is as willing to shear his black
+    sheep as his white ones. This being the case, ought he not to
+    pay as much regard to them? Should he turn them loose to shift
+    for themselves, at the risk of losing them?)
+
+    5th. We never were consulted as to his settlement over us, as
+    a people. We never gave our vote or voice, as a tribe, and we
+    fully believe that we are capable of choosing for ourselves
+    and have the right to do so, and we would now say to you, that
+    we have made choice of the Rev. Wm. Apes, of the Pequod
+    tribe, and have adopted him as one of ours, and shall hear him
+    preach, in preference to the missionary, and we should like
+    to have him aided, if you can do it. If not, we cannot help
+    it--he is ours--he is ours.
+
+    Perhaps you have heard of the oppression of the Cherokees and
+    lamented over them much, and thought the Georgians were
+    hard and cruel creatures; but did you ever hear of the poor,
+    oppressed and degraded Marshpee Indians in Massachusetts,
+    and lament over them? If not, you hear now, and we have made
+    choice of the Rev. Wm. Apes to relieve us, and we hope that
+    you will assist him. And if the above complaints and reasons,
+    and the following resolutions, will be satisfactory, we shall
+    be glad, and rejoice that you comply with our request.
+
+    _Resolved_, That we will rule our own tribe and make choice of
+    whom we please for our preacher.
+
+    _Resolved_, That we will have our own meeting house, and place
+    in the pulpit whom we please to preach to us.
+
+    _Resolved_, That we will publish this to the world; if the
+    above reasons and resolutions are not adhered to, and the Rev.
+    Mr. Fish discharged.
+
+    The foregoing addresses and resolutions were adopted by a vote
+    of the tribe, almost unanimous. Done at the Council House at
+    Marshpee, May the 21st, 1833.
+
+        EBENEZER ATTAQUIN, _President_.
+
+        ISRAEL AMOS, _Secretary_.
+
+The Hon. Josiah Quincy, President of the College, promised to attend
+to this matter, said that he had long been satisfied that the money
+from the Williams fund had not been applied to the object for which it
+was intended, and hinted at an intention to send no more to Mr.
+Fish till he should be better informed concerning the matter. (We
+understood that he actually did retain the money, though he never
+found leisure to make the inquiry alluded to.) He said that, had it
+been in the summer, he would have gone himself to the place. Summer
+has passed away, and we have seen no Mr. Quincy yet. We have heard
+that he was requested by several gentlemen to come and investigate our
+affairs, but we suppose he thinks that the poor Marshpees cannot have
+been wronged. However, as nothing has been done, we think it is time
+that the public should be made aware of our views and intentions.
+
+Leaving Marshpee for New Bedford, I preached at several places on my
+way, and delivered lectures on Indian affairs. Many of the advocates
+of oppression became clamorous, on hearing the truth from a simple
+Indian's lips, and a strong excitement took place in that quarter.
+
+Some feared that an insurrection might break out among the colored
+people, in which blood might be shed. Some called me an imposter, and
+others approved of my proceedings, especially the Quakers, whom I ever
+found benevolent and ready to help us. Their generous good will toward
+colored people of all races is well known. I feel bound to say, too,
+that there were others of the highest respectability in those parts
+who were anxious that their red brethren should obtain their rights
+and redress of their grievances.
+
+When the time I had fixed for my return to my friends at Marshpee
+arrived, I turned thitherward, and reached the place on the sixth of
+June. Here I met the blind preacher, whom I had never before seen. He
+bade me welcome, and cordially agreed to join me in my labors, saying
+that God had listened to his prayers. He had for several years prayed
+for an assistant, and now consented to labor in conjunction with me
+for the spiritual and temporal advantage of our brethren. We went
+through the plantation together. On the Sabbath there was a large
+meeting, and the assistance of God enabled me to preach to them, after
+which we set forth, as a delegation to the Governor and Council in
+Boston. We stopped at several towns by the way, to discharge our
+duties, as Christian ministers, and were kindly and hospitably
+received by the teachers.
+
+When we arrived in Boston, we communicated our business to a certain
+doctor, who lived in Roxbury. He did not think so favorably of it as
+we had expected; but, nevertheless, agreed to lay it before the board
+of trustees, which we presume he did, as he is a man of truth. We told
+him that we asked for justice, not money, and said that we wished the
+Marshpee Indians to avoid the meeting-house, if it did not belong to
+them. With this we left him, and have never heard from him from that
+day to this. He is gone where his deeds done in the flesh will receive
+their just reward; which I hope is a crown of blessedness and glory.
+
+We did not find the Governor in Boston; but were advised to wait on
+Mr. Armstrong, the Lieut. Governor. We showed him our petition and
+resolutions, which he said, would avail us nothing, unless enforced.
+We answered that they would be enforced, at the appointed time. He
+then suggested that we might have been instigated to the measures
+in question by some of our enemies; probably meaning some of our
+unprincipled white neighbors. We replied that ill usage had been our
+only instigation, and that no one had interfered in the matter. He
+advised us to deliver our petition to the Secretary of State, to be
+submitted to the Council at their next session; which we did.
+
+This done, we called on one of the tribe who was engaged in the
+coasting business, and had done much to teach the Indians, and to
+bring them to a right knowledge of their degraded condition. He said
+that he would willingly relinquish his business, and join in the
+efforts of his brethren to shake off the yoke which galled them; and
+thereupon it was resolved to hold a convention on the twenty-fifth of
+June, for the purpose of organizing a new government. He desired to be
+there, and his name is Daniel Amos.
+
+I now set out for Essex, where my family was living, accompanied by
+the blind preacher. I put my wife and little ones on board a small
+vessel, bound for Boston, while I and my blind brother returned
+thither by land. We all arrived safely, and soon after embarked for
+Barnstable, where we arrived on the eighteenth of June, and landed at
+a spot about twelve miles distant from the hospitable Indians. Here
+we found ourselves breathing a new atmosphere. The people were very
+little prepossessed in our favor, and we certainly owe them small
+thanks on the score of hospitality. We succeeded in obtaining the
+shelter of an old stable for two nights, by paying two dollars. We
+applied to one individual for accommodations during that time, for one
+of our party who was sick, but were refused. He said he had no room.
+If any white man should come to Marshpee and ask hospitality for a
+night or two, I do not believe that one of the whole tribe would turn
+him from his door, savages though they be. Does not he better deserve
+the name who took from us two dollars for sleeping in his stable? This
+usage made me think that in this part of New England prejudice was
+strong against the poor children of the woods, and that any aid we
+might receive must come from the more hospitable Indians, among whom
+we arrived on the twenty-first, and rested till the twenty-fifth. We
+regarded ourselves, in some sort, as a tribe of Israelites suffering
+under the rod of despotic Pharaohs; for thus far, our cries and
+remonstrances had been of no avail. We were compelled to make our
+bricks without straw.
+
+We now, in our synagogue, for the first time, concerted the form of a
+government, suited to the spirit and capacity of free born sons of the
+forest; after the pattern set us by our white brethren. There was but
+one exception, viz. that _all_ who dwelt in our precincts were to
+be held free and equal, _in truth_, as well as in letter. Several
+officers, twelve in all, were elected to give effect to this novelty
+of a government; the chief of whom were Daniel Amos, President, and
+Israel Amos, Secretary. Having thus organized ourselves, we gave
+notice to the former board of overseers, and the public at large, of
+our intentions. This was the form of our proclamation:
+
+    NOTICE.
+
+
+    _Marshpee Plantation, June 25th, 1833_.
+
+    Having heretofore been distressed, and degraded, and
+    robbed daily, we have taken measures to put a stop to these
+    things.--And having made choice of our own town officers to
+    act instead of the whites, and having acquainted the Governor
+    of our affairs and resolutions, he has nothing against our
+    putting them in force.[1] And now we would say to our white
+    friends, we are wanting nothing but our rights betwixt man
+    and man. And now, rest assured that said resolutions will
+    be enforced after the first day of July, 1833. Done at the
+    National Assembly of the Marshpee Tribe, and by the authority
+    of the same.
+
+        DANIEL AMOS, _President_.
+
+        ISRAEL AMOS, _Secretary_.
+
+Hereupon the Missionary and agents and all who put faith in them,
+combined together to work our destruction, as is well known to all
+men.
+
+We then proceeded to discharge all the officers appointed by the
+Governor and Council, firmly believing that each and every one of the
+existing laws concerning the poor Israelites of Marshpee was founded
+on wrong and misconception. We also forwarded a letter and resolution
+to Gideon Hawley, to the effect that we were dissatisfied with his
+proceedings with regard to our affairs and with those of the other
+officers, that we desired their stay among us no longer, that we were
+seeking our rights and meant to have them, and we therefore demanded
+of them all a final settlement, and warned them not to violate our
+regulations. The resolution was as follows:
+
+    _Resolved_, That we will no longer accede to your terms after
+    the first day of July next, 1833.
+
+    Done by the authority of the Marshpee Tribe.
+
+        DANIEL AMOS, _President_.
+
+        ISRAEL AMOS, _Secretary_.
+
+We also proceeded to discharge the missionary, telling him that he and
+the white people had occupied our meeting house long enough, and that
+we now wanted it for our own use. We likewise gave him notice that we
+had complained against him to the authorities at Harvard.
+
+Those who had, as we think unlawfully, ruled us hitherto, now awoke
+in astonishment, and bestirred themselves in defence of their temporal
+interests. Mr. Hawley was despatched to the Governor at Worcester,
+to whom he represented the state of affairs in colors which we cannot
+acknowledge to have been faithful. He stated that the Indians were in
+open rebellion, and that blood was likely to be shed. It was reported
+and believed among us that he said we had armed ourselves, and were
+prepared to carry all before us with tomahawk and scalping knife;
+that death and destruction, and all the horrors of a savage war, were
+impending; that of the white inhabitants some were already dead, and
+the rest dreadfully alarmed! An awful picture indeed.
+
+However, several weeks previous to this the Governor and Council had
+been apprised of what was going forward, and had authorised one of the
+Council to visit the tribe, in order to hold counsel, and if possible,
+restore peace among them. But the first of July arrived before he
+came, and we did even as we had pledged ourselves to do, having in
+view no other end than the assertion and resumption of our rights. Two
+of the whites, indeed, proved themselves enemies to the Indians, by
+holding themselves in readiness to break up the new government, and
+daring them to carry it into effect. They were brothers, and one of
+them has since gone to his reward. Their name was Sampson. They came,
+in defiance of our resolutions, to take away our wood, in carts. As I
+was walking in the woods, I discovered them in the act of removing
+our property, and called to him who was the owner of the teams to come
+near me. He complied, and appeared much agitated as he approached.
+I mildly stated to him the views and intentions of the tribe, saying
+that it was not their design to wrong or harm any man in the least,
+and that we wished them to desist till we should have had a settlement
+with the Overseers, after which every thing should be placed upon a
+proper footing. I begged them to desist, for the sake of peace; but it
+was to no purpose. They said that they knew what they were about, and
+were resolved to load their teams. I answered, that the men who owned
+the wood were resolved to carry their resolutions into force; and
+asked if they had not seen the notification we had posted up. One of
+them replied that he had seen, but had not taken much notice of it. I
+again told them that the owners of the wood were at hand, and by the
+time one of the teams was laden, the Indians came up. I then asked
+William Sampson, who was a member of the missionary's church, if
+he would, even then, unload his team and wait till things were
+more quiet; to which he replied that he would not. I then, having
+previously cautioned the Indians to do no bodily injury to any man,
+unless in their own defence, but to stand for their rights, and
+nothing else, desired them to unload the teams, which they did very
+promptly. One of the Sampsons, who was a justice of the peace, forbade
+them, and threatened to prosecute them for thus protecting their own
+property, which had no other effect than to incite them to work more
+diligently. When they had done, I told the justice, that he had,
+perhaps, better encourage others to carry away what did not belong
+to them, and desired the teamsters to depart. They said they would,
+seeing that it was useless to attempt to load the carts. Throughout
+this transaction the Indians uttered neither a threat nor an unkind
+word, but the white men used very bitter language at being thus, for
+the first time, hindered from taking, away what had always been as a
+lawful spoil to them hitherto.
+
+The defeated Sampsons hurried off to get the aid of legal might
+to overcome right, and were wise enough to trouble the Indians no
+further. The tribe were thus left in peaceable possession of all their
+property. Mr. Fiske stated in his report of the case, that we wanted
+possession of the mission house; but in this he was mistaken. No such
+thing was intended or even mentioned among us, though it is true
+that the meeting-house and the two school houses, and all the land,
+excepting that on which Mr. Fiske's house stood, were in our hands.
+
+The Indians now made it part of their business to watch their
+property; being determined to disappoint the rapacity of the whites.
+They soon learned that the Governor had sent an envoy to deal with
+them, and the news cheered their hearts not a little; for they
+earnestly wished for peace and quietness. A verbal message was
+brought, desiring us to meet him. We replied by asking why the agent
+did not come to us, if the Governor had sent him for that purpose,
+instead of going to a tavern and calling on us to come to him there. I
+now suppose that this proceeding on his part was not so much his fault
+as that of one Ezra Crocker, who received twenty dollars _per annum_
+for entertaining the Indians in his house, and who not unfrequently
+thrust them out of doors. Nevertheless, we sent the agent an answer in
+writing, to the following effect.
+
+_To the Honorable Agent sent by the Governor to inquire into our
+affairs_.
+
+    Dear Sir,
+
+    We are much gratified to see that the Governor has noticed us
+    so much as to inquire into our affairs. Your request could not
+    be attended to yesterday; our people being very busy in the
+    affairs of the day; but we will meet you with pleasure this
+    morning at nine o'clock, at our meeting-house, there being no
+    other place where we should like to see you for an interview.
+
+        DANIEL AMOS, _President. July 4th_, 1833.
+
+At the time appointed, we met the Counsellor, and he appeared to enjoy
+himself very well among us. When the meeting had been called to
+order, it was observed that the Overseers were not present, and it was
+proposed to send for them, that they might have fair play and hear
+of what faults they were accused. They came, accompanied by the
+High Sheriff of Barnstable County, the Hon. J. Reed of Yarmouth, and
+several other whites, who were invited to take seats among us. The
+excitement which pervaded Cape Cod had brought these people to our
+council, and they now heard such preaching in our meeting-house as
+they had never heard there before; the bitter complainings of the
+Indians of the wrongs they had suffered. Every charge was separately
+investigated by our people, who gave the entire day to the work. The
+white persons present seemed very uneasy; often getting up, going out
+and returning, as if apprehensive of some danger. The ground work of
+their fears, if they had any, was this: Three of our people, who had
+been out in the morning, hunting deer, had brought their guns into the
+meeting house, and this circumstance was thought, or pretended to be
+thought by a few of our neighbors to portend violence and murder. Also
+the Counsellor had brought a letter from the Governor, indicating that
+he had been led, by wrong reports, to believe that something of the
+kind was likely to take place.[2]
+
+This letter was read to the people, and was to them as a provocation
+and a stimulus. They thought it grievous that the Governor should
+think they had put him in mind of his oath of office, to secure the
+Commonwealth from danger, and given him cause to call out perhaps
+fifty or sixty thousand militia; especially when the great strength
+and power of the Marshpee tribe was considered. To this supposed great
+demonstration of military power they might, possibly, have opposed
+a hundred fighting men and fifteen or twenty rusty guns. But it is
+written, "One shall chase a thousand, and two shall put ten thousand
+to flight;" so there might have been some reason for persons who
+believe the Bible to fear us. Who can say that little Marshpee might
+not have discomfitted great Massachusetts. Nevertheless, the birth
+place of American freedom was spared so great a disgrace; for the
+governor, very wisely, remained at home.
+
+Toward the close of the day Mr. Fiske desired the Hon. Mr. Reed
+to explain to the Indians the laws, as they then stood, and the
+consequences of violating them. He told us that merely declaring a law
+to be oppressive could not abrogate it; and that it would become us,
+as good citizens whom the government was disposed to treat well, to
+wait for the session of the Legislature, and then apply for relief.[3]
+"He went fully," says one reporter, whose name it may be well to
+omit, "into the situation of the tribe, in a very forcible and feeling
+manner, warning them against the rash measures they had already taken
+or adopted."
+
+Mr. Fiske then pathetically stated his opinions concerning the awful
+consequences which would result from a violation of the laws, and
+spoke much at large of the parental feeling of government for the
+remnant of a once mighty and distinguished race. Wm. Apes replied
+that the laws ought to be altered without delay; that it was perfectly
+manifest that they were unconstitutional, and that, even if they were
+not so, there was nothing in them to authorize the white inhabitants
+to act as they had done. Being very anxious to learn what amount of
+good his brethren might expect, he spoke with an energy that alarmed
+some of the whites present considerably. The Hon. Mr. Reed questioned
+him as to his right to interfere. He replied that he had obtained it
+by the adoption of the tribe.
+
+Mr. Reed, if I correctly understood him, answered that the Indians
+had no right to do such an act; no power to confer such a privilege. I
+replied, that if the plantation belonged to them, they undoubtedly had
+a right to give me leave to dwell upon it. Many other things he
+said of which I could not see the reasonableness and propriety, and
+therefore we could not come to an agreement.
+
+While these things were being done and said, as I have reason to
+believe, a warrant for my apprehension was put into the hands of the
+High Sheriff, who, it appeared to me, was not very desirous to execute
+it. He approached me, and with some agitation, told me I must go with
+him to Catuiot; and added, that if I did not accompany him peaceably,
+he would have out the whole county of Barnstable. I was not conscious
+of giving any cause for this perturbation of mind, but I suppose
+others saw my conduct in a different light. It is admitted by all that
+nothing was done contrary to good order, though I admit, that if I had
+refused to obey the warrant, the Sheriff would not have been able to
+enforce it. The fact is I was in no wise unwilling to go with him, or
+to have my conduct brought to the test of investigation, or to give
+all the satisfaction that might be required, had it appeared that I
+had done wrong. I was also very desirous to have the truth appear,
+viz. that it was not the intention or wish of the Marshpees to do
+violence or shed blood.
+
+The Sheriff told me that I should not suffer any injury or injustice,
+and that I should have a hearing in the presence of my friend, Mr.
+Fiske. I went with him very quietly. The excitement ran very high, and
+almost all Cotuet was present at my examination. If wishes could have
+availed, I doubt not that I should have been ruined forever. I was
+arraigned on three charges: for riot, assault, and trespass; and
+pleaded NOT GUILTY.
+
+The Messrs. Sampsons, four in number, were called, and testified as
+follows, That on the first day of July, between eight and nine, A.M.
+they were carting wood from the Marshpee plantation, that they were
+hailed by Wm. Apes, and forbidden by him to take any wood away until a
+settlement with the overseers should have been had; that the said
+Apes threatened them that he would call his men if they persisted,
+who would "_cut up a shine with them_,"[4] (the Sampsons.) They all
+agreed, however, that no unchristian temper was manifested, and no
+indecorous language used. They admitted that they had no fear for
+their personal safety, and that no harm was done to any of the persons
+concerned, save unloading their teams, and ordering them to depart.
+
+Now if I had taken any neighbors' wood without his leave, and he had
+thrown it out of my cart, and told me to go away, and had given me no
+farther molestation, I should think I had gotten off very easily. If
+a poor Indian wishes to get into a jail or penitentiary, that is just
+the course I would advise him to pursue. I leave it to the reader to
+say who were the persons aggrieved and injured, and that had the right
+to complain of trespass.
+
+It was thought proper, by those who had the power so to do, to bind me
+over to appear and take my trial before the Court of Common Pleas, at
+the next session, in the sum of two hundred dollars, and sureties for
+the like amount were also required. Compliance was not difficult. I
+had only to send for Lemuel Ewer, Esq. of South Sandwich, who had, in
+former times, been the treasurer of the tribe, knew their wrongs, and
+was their friend. It was well for me that there was one man who knew
+on which side the right lay, and had the courage to support it, for
+I verily believe that no other person would have dared to become my
+bondsman. I owe Mr. Ewer the justice further to say that he has
+done much to advance the interests of the Marshpee tribe, by giving
+information respecting them to the Legislative body, for which we
+cannot easily show our gratitude.
+
+The Cotueters now waxed exceedingly wroth at what Mr. Ewer had done.
+Truth had been shot into their hearts, and if I should say that they
+bellowed like mad bulls, and spouted like whales, gored mortally by
+the harpoon, I do not think the figure of speech would be too strong.
+Mr. Crocker, the contractor or agent, for our wood, felt himself
+especially aggrieved that I had gotten bail, and was let loose upon
+the plantation, to hinder him in his business. His life, he thought,
+would be in danger. There was a great deal of loose talk and a pretty
+considerable uproar.
+
+While I was waiting for Mr. Ewer, to bail me, I had some conversation
+with the Hon. J.J. Fiske, who expressed himself concerned about the
+Indians, and thought that something ought to be done. I said to him
+that my object was to get them righted, and allowed that I might
+possibly have gone too fast and far. In this I am now satisfied that
+I was mistaken. I believe that neither I nor any of my brethren went
+fast enough. I think there is no white man, Christian or Infidel,
+who would have shown half so much forbearance as we did in the like
+circumstances. Mr. Fiske said he would do all he could for me, and I
+have no doubt that he did so. It was very proper in him to endeavor
+to quiet the whites. The Indians were already quiet, and had no
+disposition to be otherwise.
+
+Nevertheless, it seemed to be the common opinion that the imprisonment
+of Apes would frighten the rest of the tribe, and cause them to forego
+their efforts to recover their rights. Had this been the case, they
+might have carted a few more good suppers and dinners out of our
+woods, and have eaten them on their town meeting days, for two or
+three days together, twice in the year, and have thrown the bones and
+crusts to the poor, old and ignorant, among the natives, as they had
+done, year after year. The missionary, as usual, might have helped
+them to devour the spoil, and have seen his flock degraded and abused,
+before his eyes. Much was also said about the pains that had been
+taken to educate the Marshpees, and it was averred, that, instead of
+going to the schools opened for them, they preferred going about the
+country picking berries, and basket making. Mr. Crocker said he had
+been at great pains to induce the Indians to go to school. Let him who
+has been prejudiced against the Marshpees, by such argument, look
+at the legislative act of 1789, section 5, for the regulation of the
+plantation, prohibiting the instruction of the Marshpees, in reading
+and writing, under pain of death. Who, then, dared to teach them?
+
+Mr. Hawley, the former missionary, spent fifty or sixty years in
+Marshpee. He is mentioned in the history of Berkshire County, as a
+schoolmaster, for the Mohawks, Onedias and Tuscaroras, in 1748, and
+nothing more is known of him, up to his arrival in Marshpee. Thither
+he came to teach, in A.D. 1757, and there he staid till his death.
+What his care to educate the tribe was, may be judged from the facts
+that he _did not teach one_ Indian to read during his residence among
+them, as I am informed by those who knew him. He had probably imbibed
+the opinion that the natives were incapable of being taught, and
+therefore spared himself trouble that he thought would be of no use.
+Nevertheless, he was willing to preach to them, and had a good portion
+of their land set off for his support. Truth obliges me to say that
+not one Indian was converted during the fifty years of his ministry.
+The neighbouring whites were the sole recipients of the good resulting
+from his labors, if there was any. Speaking on this subject, the Rev.
+Cotton Mather Smith says that the arrangements for managing Indian
+schools were never thoroughly made; admirable as was the general plan,
+and much as it promised. I think I may safely vouch for the truth and
+honesty of the reverend gentleman's admission.
+
+Mr. Fish succeeded Mr. Hawley, in 1809, and was confirmed in his
+office by the authorities at Harvard, and the white overseers at
+Marshpee. The arrangement was sanctioned by the General Court, in
+1811; contrary to law, as we think. Surely it takes two sides to make
+a bargain, and the consent of the Indians was never asked or obtained.
+Both of the divines mentioned above were willing to have the use of
+the property of the Marshpees; I fear, under a mere pretext of doing
+them good; and, therefore, that they and the overseers might have a
+support from the plantation, the owners were constantly proclaimed
+to be savages. I wonder what the whites would say, should the Indians
+take possession of any part of their property. Many and many a red man
+has been butchered for a less wrong than the Marshpees complain of.
+
+Neither of the reverend gentlemen set up schools, and when the
+Marshpee children were put out to service, it was with the express
+understanding, as their parents all agree, that they should not be
+schooled. Many of those who held them in servitude, used them more
+like dogs than human beings, feeding them scantily, lodging them hard,
+and clothing them with rags. Such I believe has always been the case
+about Indian reservations. I had a sister who was slavishly used and
+half starved; and I have not forgotten, nor can I ever forget, the
+abuse I received myself. To keep Indian children from hearing the
+gospel preached in a land of gospel privileges, in order that they
+might do work unbefitting the Sabbath at home, has been the practice,
+almost without an exception, wherever I have had opportunity to
+observe. I think that the Indians ought to keep the twenty-fifth
+of December[5], and the fourth of July, as days of fasting and
+lamentation, and dress themselves, and their houses, and their cattle,
+in mourning weeds, and pray to Heaven for deliverance from their
+oppressions; for surely there is no joy in those days for the man of
+color.
+
+Let the reader judge from what has been stated, what good the Marshpee
+Indians have derived from their two missionaries. I say boldly, none
+at all. On the contrary, they have been in the way of the good that
+would have been done by others. I say also that all the religious
+advantages the Indians have enjoyed, have come from other ministers,
+and members of other churches. I am equally sure that the money paid
+for our use, from the Williams Fund, has been a curse, and not a
+blessing to us. Had some good Christian minister come to the tribe
+with half the sum, there is no doubt that God would have made him an
+instrument to raise up a respectable Christian Society; whereas the
+fund has only served to build up the missionaries and the whites about
+the plantation. I am glad that it has done even this good; though it
+be to our enemies; for I am not of a spirit to envy the prosperity
+of others; I rejoice in it. But I sincerely think it is wrong in the
+whites to take the gospel from the Indians, as they do in Marshpee,
+by occupying their meeting-house, and receiving the benefit of the
+missionary fund. I mean that the people about Cotuet and Marshpee go
+to our house, and fill it, to our exclusion, without any charge; while
+the Indians are enforced by the laws which deprive them of the use
+of their own lands, to pay a heavy tax, from which they derive no
+benefit. Is not depriving them of all means of mental culture the
+worst of all robberies? Can it be wondered, that the Indians become
+more and more degraded? I presume all honest people will regret that
+such has been the case. It will be seen that both the missionaries and
+their white followers, imbibed all the prejudices of the day, and by
+disseminating them, hindered others from doing us good. This is no
+excuse, however, for the government of this Commonwealth, whose duty
+it was to see that its red children were not abused in this way. We
+greatly fear that our white fathers did not much care about their
+colored children in Marshpee. At any rate, it may be some satisfaction
+to the philanthropists in the country to know how liberal they have
+been to their poor dependants.
+
+To begin--the Indians owe nothing to the Commonwealth of
+Massachusetts, or to the inhabitants of New England generally, for
+religious instruction, excepting a single appropriation of
+four hundred dollars, made in 1816 or 1818, for repairing their
+Meeting-house. Four hundred dollars more were appropriated in 1831,
+for the purposes of erecting two school houses; but not one cent for a
+teacher.[6]
+
+The way the Marshpees have supported a school hitherto, has been this.
+Some of them have lived abroad among the whites, and have learned to
+read and write, with perhaps some small smattering of arithmetic.
+On returning to the tribe, they have taught others what they knew
+themselves; receiving pay from those who had the means, and teaching
+the rest gratuitously. At the same time they have been compelled to
+support a preacher whom they did not wish to hear, and to pay, in one
+way or other, to the amount of four hundred dollars _per annum_ to
+white officers, for doing them injury and not good. Thus then, in one
+hundred and forty years they have paid fifty-six thousand dollars to
+the whites, out of their own funds, in obedience to the laws of the
+Commonwealth. In return, the whites have given them one thousand in
+labor and money. Truly the Commonwealth must make haste, or it will
+hardly be able to pay us the interest of our money. The principal we
+never expect to get.
+
+Thus, though it is manifest that we have cost the government
+absolutely much less than nothing, we have been called State
+paupers, and as such treated. Those are strange paupers who maintain
+themselves, and pay large sums to others into the bargain. Heigho! it
+is a fine thing to be an Indian. One might almost as well be a slave.
+
+To return to the proceedings of the court at Cotuet: When supper time
+was past, the Cotueter's were anxious to draw something out of me,
+by questioning. They said they knew more about the matter than I did;
+that I had gotten myself into difficulty, and that Mr. Fish was a good
+man, and had gained twenty members over to his church in twenty-five
+years. They might have added that these were infants, who became
+members merely by undergoing the rite of baptism. Perhaps they were
+very good members, when they grew up--perhaps not.
+
+Mr. Fish, alluding to the charge that but eight or ten of the Indians
+heard him preach, stated, in his memorial to the Legislature, that
+more than twice ten were upon his Sabbath School list. That might be
+true; but it was no answer to the charge. There may well have been
+on his list the names of so many persons, who attended neither his
+meeting nor his school. Nor had he denied the statements of the
+Indians in the least. I said to the gentlemen who were rejoicing over
+my supposed downfall, that I was glad they had taken me into custody,
+as it would lead to an investigation of the whole ground in dispute.
+Mr. Ewer presently arrived; his bail was accepted, and I and my
+friends returned home.
+
+On the seventh of July, I was again visited by the Hon. J.J. Fiske,
+who conversed freely with me on our religious affairs. He said it
+would be better for us to turn Congregationalists, as then we should
+probably be able to get assistance from the fund, I replied, that I
+cared little by what name I was called; for I was no sectarian, but
+could unite in the worship of God with all good Christians. It seemed
+to be the opinion of the Hon. J.J. Fiske, that it was wrong for the
+Rev. Mr. Fish to receive the salary he did, without attending to the
+concerns of the Indians.
+
+On the sixth, the head men of the tribe held a meeting, and agreed to
+rescind the former meetings until the session of the Legislature, as
+the commissioner had fairly stated that whatever could be done for us,
+would be done by that honourable body. We could do no less than accept
+a promise coming from so high an authority, and await the leisure of
+our father, the Legislature, though he had neglected us and suffered
+us to be abused. Who could say but that he would uplift his voice
+and weep aloud, on hearing the story of our wrongs, as Joseph and his
+brethren did when they recognized each other. And indeed, though our
+tender parent proved a little hard-hearted at first, by and by there
+was a little relenting toward his poor suffering babes of the woods,
+as will be seen in the proper place. The following notice was drawn up
+accordingly:
+
+    Whereas, certain resolutions have been made by us, the
+    Marshpee Indians, in reference to our plantation, we do
+    hereby solemnly declare, upon the security of the Governor's
+    Counsel,[7] that we shall be righted; and that there shall be
+    a change of government, if necessary, and that the governor
+    has pledged himself to do right, and that the property sold
+    for money or otherwise disposed of, shall be refunded to us
+    again, and that justice shall be done. Now, in consideration
+    thereof, we do hereby guaranty to our white neighbours that
+    they shall not be molested in their lawful concerns upon our
+    plantation, provided that no white man meddles or interferes
+    in any way whatever in our lawful affairs; and that you may
+    understand that it is so, we say the resolutions are revoked,
+    and we will wait with pleasure the sitting of the Legislature.
+
+    Done by order of the Marshpee Tribe, July 6, 1833.
+
+        DANIEL AMOS, _President_.
+
+        ISRAEL AMOS, _Secretary_.
+
+Soon after this, the Commissioner departed, and I saw him no more till
+the sitting of the General Court. About this time our affairs got into
+the public prints, and it was reported through the whole land that
+there were hostile movements among the Indians at Cape Cod, or
+Buzzard's Bay. All the editors were very willing to speak on the
+favorite topic of Indian wrongs; but very few of them said any thing
+about redress. On this head they were either silent or against us.
+Here and there was found one liberal and independent enough to speak
+in our behalf. Some of these articles shall be given, that it may be
+seen who were for or against our rights and privileges. It will be
+proper to state in the first place, however, that from July 4, to the
+sitting of the Court of Common Pleas, in September, there was little
+disturbance upon the plantation. We thought, from what we heard among
+the whites that they were inclined to spare no pains to frighten
+us; but we listened patiently and remained quiet, according to our
+promise.
+
+In August, we had a four-day meeting, which was the means of much
+good. Twelve Indians were redeemed from sin, and during the eighteen
+months that I have known them, the power of God has been manifested
+in the conversion of some thirty. God forbid that I should glorify
+myself; I only mention the circumstance to show that the Marshpees are
+not incapable of improvement, as their enemies would have the world
+suppose. But, under these circumstances, is it not natural for the
+Indians to think that their missionaries have cared less for saving
+their souls than for filling their own pockets, and that their
+thousands have been expended on them to very small purpose? I do think
+that the result of this meeting was in no wise pleasing to our white
+enemies.
+
+At harvest time the reapers cut their grain and carried it to their
+granaries. But they were under the control of their task masters. A
+dispute arose. A woman whose husband was absent, doing business upon
+the great waters, claimed a portion of the grain, while the overseers
+maintained that it belonged to them. She applied for assistance to one
+of the true proprietors, who, in the presence of five or six men who
+were with the overseer's team, unloaded it, and placed the grain where
+it ought to have been. I was present and happened to smile at this
+novel proceeding, which, I suppose was the cause of a prosecution that
+presently took place for trespass. My horse had bitten off five or six
+rye heads in a rye field, for which enormity his owner was obliged to
+pay ten dollars, though the actual damage was not to the value of six
+cents. I will not retort the petty malice which prompted this mean act
+of revenge, by mentioning names. I now proceed to mark out the state
+of public feeling, by some extracts from the newspapers. The following
+is from the New Bedford Press, of June 1, 1833:
+
+
+    MARSHPEE INDIANS.
+
+
+    The remnants of that race of men who once owned and inhabited
+    the forests and prairies of the Old Colony that have new
+    given place to large and populous villages and the busy hum
+    of _civilized_ man, are, it would seem, somewhat dissatisfied
+    with the manner in which they are governed by the State
+    authority. Communications illustrative of the condition of
+    the _Marshpee Indians_ in the County of Barnstable, have been
+    forwarded to us by the agent of the tribe, by which it appears
+    that they have been abused. Intelligence from other quarters
+    comes fraught with bitter complaint, and there can be
+    no manner of doubt that too ample room remains for the
+    improvement of their condition. The communications at hand
+    advise the Indians to stand out for their right to appoint
+    their own overseers, and do all business now especially done
+    by the State. That they ought to be allowed this privilege,
+    (if _privilege_ it may be called,) there is no question; but
+    there is a question, whether this is the first important step
+    to be taken. By a list of names which accompanies our advices,
+    it appears that very few are able to write their own names,
+    their mark being affixed instead; and in addition to this, we
+    are informed that there are many who cannot even read. With
+    this view of their condition the correct and efficient course
+    to be pursued would seem to be that of sending _Education
+    Missionaries_ among them, that in contending for their rights,
+    of which they say they are deprived, they may be enabled to
+    act understandingly.
+
+This may serve to show that the Marshpees had long been dissatisfied
+with their government, and that very many complaints had been made;
+which will be illustrated by extracts from divers petitions, in
+another page. The next refers to the Marshpee trials, and is signed
+in a manner signifying that the writer speaks advisedly, and from
+knowledge.
+
+    _From the Barnstable Journal of July 18, 1833_.
+
+
+    Mr. Apes was arrested at the Marshpee Plantation on the 4th,
+    by order of the Executive, and required to give bond for his
+    good behaviour.
+
+    Mr. Apes now says, that this statement is not correct; that
+    the Governor has ordered no such thing, and that he never was
+    requested in all his life to give bond for his behavior.
+
+    Much has been said in and out of the papers about the Indians
+    in Marshpee. All that the Indians want in Marshpee is to enjoy
+    their rights without molestation. They have hurt or harmed no
+    one. They have only been searching out their rights, and in so
+    doing, exposed and uncovered, have thrown aside the mantle of
+    deception, that honest men might behold and see for themselves
+    their wrongs. The Indians could spread columns before the
+    world which would cause the hearts of good men to be sad, and
+    recoil at the conduct of their white brothers. All that Mr. A.
+    wishes is, that people would tell the truth.
+
+        A BEHOLDER.
+
+With regard to this article, I have to say that it speaks the truth.
+If an honest white man could look into our private affairs and know
+what wrongs we have suffered, it would change his complexion to a hue
+redder than the Indian's. But the crimes committed against our race
+cannot be enumerated here below. They will each and all, however, be
+judged at the bar of God, and it must be the comfort of the poor and
+oppressed, who cry for justice and find it not, that there is one who
+sees and knows, and will do right. The next is from the Boston Daily
+Advocate, of July 12.
+
+    Rev. Mr. Apes, who has been conspicuous in the Marshpee
+    nullification, has, we learn, been taken and committed to jail
+    in Barnstable county; upon what process, we are not informed,
+    but we trust, for the honor of the State, that while our
+    mouths are yet full of bitterness against Georgian violence,
+    upon the Indians, we shall not imitate their example.
+
+How true it is that men see the faults of others, rather than their
+own. If the good people of Massachusetts were as ready to do right as
+to have the Georgians do right, the Marshpee Indians might, perhaps,
+send a Representative to the Legislature. I hope the remark will give
+no offence. The next is from the same print, of July 15, 1833.
+
+    The Marshpee affairs, we are gratified to learn, are
+    more quiet than they have been. The Indians took forcible
+    possession of the Meeting-house the other day, and have
+    retained it ever since, but no farther act has been committed
+    on their part. They notified Mr. Fish that they had dismissed
+    him from their Parish, and also formally gave notice to the
+    overseers that their offices were at an end. Hon. J.J. Fiske,
+    of the Executive Council, has visited the Indians, by request
+    of the Governor, and has, we learn, discharged the duty in a
+    highly conciliatory and discreet manner. The Indians would
+    not at first consent to see him, but being satisfied of the
+    disposition of the Executive to listen to their grievances,
+    they met Mr. Fiske alone in the Meeting-house, where, by their
+    special request, the overseers also appeared. The Sheriff of
+    the county, Hon. John Reed, and others, were also present.
+    About one hundred of the Indians appeared, many of them armed
+    with guns. They were perfectly under the command of Apes, but
+    all of them conducted with propriety, and seemed peaceably
+    disposed. Mr. Fiske heard their complaints for one day. Their
+    demands were to have the overseers removed, and the books and
+    funds, now in the hands of the Treasurer, transferred to
+    them; and in fact to be left to the entire management of their
+    affairs. It was explained to them that the Governor had no
+    power to do this, if he were so disposed. That he could only
+    change their overseers, and lay their complaints before the
+    Legislature, who alone could alter the laws now governing the
+    plantation. To this, Apes would not agree, insisting that they
+    should be relieved of the guardianship of the State, and that
+    the Governor could do it at once.
+
+    He was questioned as to his own right to be on the plantation,
+    to which he does not belong, and finding all argument useless
+    with him, Apes was arrested in the assembly, (where he was
+    acting as moderator,) upon a warrant for assault and trespass,
+    in unloading the teams of Mr. Sampson. The Indians were
+    perfectly quiet, and Apes having been bound over for his
+    appearance to take his trial, in the sum of $200, he was
+    immediately bailed by Mr. Ewer, a Justice of the Peace, and
+    was not committed to jail, as has been represented. After his
+    arrest, he expressed some contrition, and admitted he had gone
+    too far. The ultimate understanding appears to be with the
+    Indians, that they will offer no further resistance, but wait
+    patiently for a redress of grievances, until the meeting of
+    the Legislature, when they confidently expect to have their
+    guardianship removed. As an evidence of their peaceable
+    disposition, "President" Amos, at the request of Mr. Fiske,
+    gave up the key of the Meeting-house, for Rev Mr. Fish to
+    occupy the pulpit, and asked as a favor, that the Indians
+    might occupy it half the time. The result of the mission
+    of Mr. Fiske, is therefore very favorable, and if a similar
+    course is pursued hereafter, there will be no further
+    difficulty with the tribe. They should be treated with
+    all possible lenity and kindness, for the honor of the
+    Commonwealth.
+
+The Indians would not consent to see Mr. Fiske at first, because they
+did not like to meet their enemies off their own ground, and I
+presume they would not have consented to do so to this day. As to the
+Counsellor's meeting us alone, it was the especial direction of
+the Governor that he should hear the parties separately, because,
+supposing the government to be oppressive, it seemed to him that the
+Indians would be afraid to speak plainly in presence of their masters,
+or proffer their complaints. The Indians wished to do nothing in a
+corner; but rather to proceed with an open and manly spirit, that
+should show that they were unjustly accounted abject and willing
+slaves. As to my opinion of the powers of the Governor, I have already
+admitted that I was in error; for I am not a man skilled in legal
+subtleties. My reason for pressing our claims so strongly was, to make
+the way easy for my brethren, till something could be done for them.
+The Indians were requested to give up their own Meeting-house to
+a gentleman who did not come at their request, and to gather other
+people into it to suit his convenience. The Indians asked for their
+own house for only half the time, and even this was denied them.
+The law not bearing out their petition, they could only obtain it by
+force, and, finding this to be the case, they forbore.
+
+The question is, how can a man do good among a people who do not
+respect him or desire his presence, and who refuse to hear him preach?
+Yet Harvard College has forced such an one on the Marshpees against
+their will, right or wrong.
+
+I heard a white lady observe, that Mr. Fish was not a preacher for
+every one; as though he was not fit to preach to any but us poor
+ignorant Indians. Nevertheless, if any people need a talented,
+enterprising preacher, we are the very ones. Some may suppose Mr. Fish
+to be a Unitarian. He was, when he was first settled at Marshpee;
+but his opinions underwent a change soon after, and he became what is
+commonly called an orthordox Congregationalist. In order to be a good
+one, he ought to make one more change--a change of inclination, to
+force himself on poor Indians. One who has such an inclination cannot
+be a good member of any sect, or an honor to it. Such a person can be
+no ornament to any ecclesiastical body. I would not have it inferred
+from this that a breath of reproach is in my mind, or in those of my
+brethren against any denomination of Christians. We love all who love
+the Lord Jesus in sincerity.
+
+I expressed no contrition because I thought I had acted morally wrong,
+or had asked any thing more than was right; but because I had mistaken
+the _law_, which in this case was a very different thing from justice.
+
+The next article is from the Barnstable Journal, of July 25. It will
+serve to show that though the matter had been perfectly explained to
+the inhabitants of Barnstable County; yet it contained some of our
+worst enemies as well as best friends. Our enemies were those in
+office, and those under their influence. The majority believed the
+Indians to be wronged, and ought to have had redress; and these were
+unable to act in our behalf. Those who did act were either our enemies
+or persons who had no minds of their own, and were led by them in all
+they did. Many of them did, nevertheless, sympathise with the Indians,
+and pitied them when cast into prison, for all men can appreciate the
+blessing of liberty.
+
+    MARSHPEE INDIANS.
+
+
+    MESSRS. EDITORS,
+
+    We observed in one of your late papers, some editorial remarks
+    which breathed a spirit of candor and good will towards us,
+    and not of ridicule and sarcasm, like that of your neighbor,
+    the Patriot. Now Messrs. Editors, as our situation is but
+    little understood, and the minds of the people much agitated,
+    we feel a desire to lay before them some of the causes of the
+    late excitement. We have long been under guardians, placed
+    in authority over us, without our having any voice in the
+    selection, and, as we believe, not constitutional. Will the
+    good people of Massachusetts revert back to the days of their
+    fathers, when they were under the galling yoke of the mother
+    country? when they petitioned the government for a redress of
+    grievances, but in vain? At length they were determined to try
+    some other method; and when some English ships came to Boston,
+    laden with tea, they mustered their forces, unloaded and threw
+    it into the dock, and thereby laid the foundation of their
+    future independence, although it was in a terrible war, that
+    your fathers sealed with their blood a covenant made with
+    liberty. And now we ask the good people of Massachusetts, the
+    boasted cradle of independence, whom we have petitioned for a
+    redress of wrongs, more grievous than what your fathers had
+    to bear, and our petitioning was as fruitless as theirs, and
+    there was no other alternative but like theirs, to take our
+    stand, and as we have on our plantation but one harbor, and no
+    English ships of tea, for a substitute, we unloaded two wagons
+    loaded with our wood, without a wish to injure the owners of
+    the wagons. And now, good people of Massachusetts, when your
+    fathers dared to unfurl the banners of freedom amidst the
+    hostile fleets and armies of Great Britain, it was then that
+    Marshpee furnished them with some of her bravest men to fight
+    your battles. Yes, by the side of your fathers they fought
+    and bled, and now their blood cries to you from the ground to
+    restore that liberty so unjustly taken from us by their sons.
+
+        MARSHPEE.
+
+The next article is from the Boston Daily Advocate. In the editorial
+remarks will be discerned the noble spirit of independence and love of
+right which are prominent characteristics of Mr. Hallett's character,
+and which induced him, throughout the controversy, to lend the aid of
+his columns to the poor and oppressed descendants of the people who
+welcomed his forefathers to their shores. He is not ungrateful for the
+kindness showed them in a time so remote. I think it my duty to say
+of him, that he has been fruitful of good works in behalf of all the
+oppressed. We Indians have tried his integrity and have found it sound
+metal. He gave us the aid of his extensive learning and undeniable
+talent, and carried our cause before the Legislature with no other end
+in view than the good of the Commonwealth and of the Marshpee tribe,
+and a strong desire to wipe from the character of his native State the
+foul blot of our continued wrongs. He never asked where his pay was to
+come from; but exposed the iniquities which had been transacted in the
+affairs of the Marshpee people, without hesitation, fear or favor, a
+course he has steadily pursued to this day. We acknowledge his doings
+as acts of pure benevolence toward us, and we say that the sons of the
+pilgrim fathers may well be proud of such a brother. Had others been
+only a little like him, we should have had no reason to complain; and
+we recommend him as an example, to all who may hereafter have dealings
+with Indians. Let them do as he has done, and they will be honored as
+he is. To be sure, it is no great matter to be loved and honored by
+poor Indians; but the good will of even a dog is better than his ill
+will. The rich man fared sumptuously every day, while the poor one was
+lying at his gate, feeding on the crumbs that fell from his table, and
+the dogs only had compassion on him. They both died; and we read that
+God sent a convoy of angels to bring the poor man safe home. The rich
+man doubtless had a splendid funeral; but we do not hear that he had
+any favor from his Maker. O, ye who despise Indians, merely because
+they are poor, ignorant, and copper-colored; do you not think that God
+will have respect unto them?
+
+    THE MARSHPEE INDIANS.
+
+
+    We have received a genuine communication from one of the
+    Marshpee Indians, and as we verily believe that tribe is in
+    many respects wronged by the whites, and neglected by their
+    legal guardians, the Legislature, we are desirous of giving
+    them a hearing, that justice may be done them, if it be a
+    possible matter to get such a thing as justice and good faith
+    from white men toward Indians. Undoubtedly some of their
+    supposed grievances are imaginary and much exaggerated, but
+    others are real, and tend greatly to depress them. We have
+    had an overflow of sensibility in this quarter toward the
+    Cherokees, and there is now an opportunity of showing to the
+    world whether the people of Massachusetts can exercise more
+    justice and less cupidity toward their own Indians than the
+    Georgians have toward the Cherokees. We earnestly exhort the
+    Marshpeeians to abstain from all acts of violence, and to rely
+    with full confidence upon the next Legislature for redress.
+    That body has heretofore treated their claims too lightly,
+    but there is a growing disposition to hear and relieve their
+    grievances. A memorial from the tribe, setting forth the
+    wrongs of which they complain, would unquestionably receive
+    prompt attention. The laws by which they are exposed to the
+    cupidity of their white neighbors, are extremely defective,
+    and require a thorough reform. Our correspondent, who we
+    believe speaks the sentiments of the tribe, shall be heard for
+    himself, and we hold our columns free to publish any facts,
+    on either side of this question, which may be offered to the
+    public.
+
+    "MARSHPEE, AUG. 5, 1833.
+
+    MR. HALLETT,
+
+    _Dear Sir_--With regret I say that your white brethren still
+    think it a privilege to impose upon us here. The men upon
+    our plantation were gathering their rye harvest, and the poor
+    women whose husbands were at sea, who had let out their land,
+    confidently expected to have their share, but it was taken
+    from them by unjust men, and not so much as a spear of it left
+    to sustain them, or even the promise of help or aid in any
+    way; it was not taken for debt and no one knows for what. The
+    overseers have now become displeased, and choose at this time
+    to use their great power. I hope we shall not have to call
+    upon the State to protect us, but if we are imposed upon in
+    this manner, we believe we shall. And while we are willing
+    to be still and peaceable, we think that those of our white
+    friends, with the light they possess, ought to show as much
+    of the spirit of kindness as poor ignorant Indians. The
+    Legislature has bound the poor Indians as they have. The
+    Indians would propose one thing. We have some white men here
+    who will smuggle rum, and sell it to the Indians, and as they
+    have no license, they ought to be stopped. We are happy to say
+    that many of our Indians are temperate, but we wish them
+    all to be, and we want some way to have a stop put to these
+    things, for these white men are ten times worse than any
+    of the Indians. I might name a Fuller, a Chadwick, and a
+    Richardson; we really wish that the honorable Legislature
+    would place guardians over them, to keep them from wasting our
+    property in this way. While I was absent, there was a man
+    that sued me for trespass, and tried the case without my
+    information. What kind of law is this? I had the liberty of
+    baiting my horse in a field. A man had rye in a field he did
+    not hire, but took it upon shares. My horse got in his rye,
+    but six cents would pay all the damage. But the action is not
+    damage, but trespass, and that done unknown to me.
+
+    It is impossible to give you the details of wrongs imposed
+    upon the Indians. We are to be accused by our enemies, tried
+    by them, and condemned by them. We can get redress no where,
+    unless we trouble the government all the while, and that we
+    are delicate to do.
+
+    Now we believe that some of these things published abroad
+    would do good, and we should have more peace.
+
+    Yours, most obediently."
+
+    We have received another communication from Marshpee, upon the
+    same subject.
+
+    "Having seen several articles in your paper, relating to
+    the Marshpee tribe, we perceive that your paper is free, not
+    muzzled. Marshpee Indians speak for themselves. It is not to
+    be doubted but that the public would like to hear the Indians
+    speak for themselves. It has been represented that the Indians
+    were troublesome, and war-like movements were among us. If to
+    make an inquiry into our rights by us, is war-like, so it is.
+    Otherwise than this we know nothing about it, and we know of
+    none that has a disposition to shed blood. It is true that
+    the day the Hon. J.J. Fiske, of the Governor's Council,
+    was present with us, in a council at the meeting-house, the
+    Indians, three in number, were out in the morning, hunting
+    deer, and when they came to the meeting-house, they had their
+    business to attend to, and could not conveniently go four or
+    five miles to put up their muskets, neither did we see the
+    propriety of their so doing. We believe that a just man would
+    not have trembled at an old rusty musket.
+
+    We are hard to believe, that any people, served as we have
+    been here, would more kindly submit to it, than we have. We
+    think now we have submitted long enough, and we thought it no
+    crime to look, or ask after our rights. But we found our
+    white neighbors had thrown their chains of interest around our
+    principal stock, so much so that we began to think they soon
+    would drag both interest and principal all away. And no wonder
+    they began to cry out, when they saw that the Indians were
+    likely to unhook their chains, and break their hold. We
+    believe white men had more war in their hearts than any of the
+    Indians.
+
+    We are willing to hint a few things. We thought white men
+    would do well, that they were trusty. We doubt not but what
+    they be among themselves; but we scarcely believe that they
+    care much for the poor Indians, any further than what they can
+    get out of them. It is true we have land in Marshpee. We can
+    stay upon it; but we have had to pay one dollar per cord, to
+    the overseers, for our own wood, and take it or carry it
+    just where these men said. Our meadows were taken from us and
+    rented out to white people, our pastures also. About twelve
+    hundred cords of our wood has been cut the last year, and we
+    judge the minister has cut one hundred and fifty cords for his
+    share. And in a word, they did as they pleased. The poor could
+    get a pound of meat, or a half peck of corn, and one quart of
+    molasses for two weeks. Much might be said, but we forbear.
+    It is true that we have had a preacher, but we do not believe
+    that he cares any thing about us. Neither had we any hand in
+    his settlement over us. To be sure, he likes to stay with us,
+    but we think it is because he gets so much good pay. But five
+    or six adult persons attend his preaching, there being _not
+    one Indian male_ belonging to his church. This gentleman has
+    cut much wood, to the dissatisfaction of the Indians; and it
+    is true they have passed resolutions that they will not hear
+    him preach. Yet he wants to stay with us.
+
+    Interest men tremble and threaten, but we fear not, and
+    sincerely hope they will soon tremble before God, and prepare
+    to meet their Judge, who will do right, and who will have no
+    regard for skins or color.
+
+        THINK OF THE INDIANS.
+
+We turn from this judicious and liberal article, to one that is less
+favorable. It is from the Barnstable Journal, of August 22, 1833.
+
+    THE INDIANS.
+
+
+    We learn from South Sandwich that the Indians, constituting
+    the Marshpee tribe, intend to petition at the sitting of the
+    next Legislature, for a redress of grievances, and a revision
+    of the code of laws by which they are governed. The recent
+    revolt among them, and the measures adopted to make known
+    their situation and treatment, by themselves, and by those who
+    have avowed their friendship toward them, (its validity time
+    will determine,) gave rise to considerable excitement. An
+    inquiry into the state of affairs was instituted, which
+    terminated, as far as we have been able to learn, to the
+    satisfaction of those employed in the investigation, that
+    some of the evils under which they are labouring are real,
+    and rendered so by the laws of the Commonwealth, but many
+    imaginary. We do not doubt that the state of society among
+    them is low and degraded, comparatively speaking, but what
+    contributes to keep them in this situation we are unable to
+    say, unless it be, that the plantation has been a resort of
+    the vagrant, the indolent, and those whom refined society
+    would not allow among them. If this is the case, and we
+    believe it has been, something should be done, either among
+    the Indians, or by the Legislature, to remedy the evil.
+    We have understood also, that certain individuals, located
+    contiguous to the plantation, retail ardent spirits to them
+    in quantities as large as they are able to pay for. If this be
+    the fact, such men should be ferreted out, and in justice to
+    the Indians, to the community about them, and to the laws of
+    the land, they should be made to suffer, by being exhibited to
+    public derision, and by the penalty of the act prohibiting
+    the retail of spirits. If they have not the power, and no one
+    feels willing to go forward in shutting up these poisonous
+    springs, give them the power, and if they do not exercise it,
+    let them suffer.
+
+    Mr. Apes is among them, and attended the "Four Days Meeting,"
+    held during the present month, which we are told was managed
+    with good order and regularity.
+
+The writer here says that the Indians are vile and degraded; and
+admits that they can be improved. He gives no explanation of the
+causes of their degradation. If the reader will take the trouble to
+examine the laws regarding the Marshpees, he will see those causes of
+the inevitable and melancholy effect, and, I am sure, will come to
+the conclusion that any people living under them must necessarily be
+degraded. The Journal, however, does us the small justice to admit,
+that we are not so degraded but that we can hold a meeting of four
+days duration, with propriety and moderation. What, then, might we not
+do, were proper pains taken to educate us.
+
+The next two extracts are from the Boston Advocate of September 10 and
+11, 1833.
+
+    THE MARSHPEE INDIANS.
+
+
+    We are mortified for the honor of the State, to learn from
+    Barnstable County, that the Court of Common Pleas and Sessions
+    there, (Judge Cummins,) have tried and convicted William Apes
+    and six Indiana of the Marshpee tribe, upon charges connected
+    with the efforts of the Indiana to obtain justice from their
+    white masters. Apes is very popular with the Indians, and
+    this persecution of him, which at least was unnecessary, will
+    inflame them the more.
+
+    The papers say the conviction was for _riot_. This cannot
+    be, for there was no riot, and no riot act read. Apes and
+    his associates prevented a man from carrying wood off the
+    plantation. They were, perhaps, wrong in doing so, but the
+    law which takes this wood from the Indian proprietors, is as
+    unjust and unconstitutional as the Georgia laws, that take the
+    gold mines from the Cherokees. Could the question of property
+    have been tried, the act of stopping their own wood, by the
+    Indians, could not have been made even trespass, much less
+    riot. It is said that Apes and the rest were indicted under
+    some obsolete law, making it a misdemeanor to conspire against
+    the laws. We have looked for such an act, but cannot find it
+    in the Statute Book.
+
+    At any rate, law or no law, the Indians were indicted and
+    convicted. They were tried by their opponents, and it would be
+    impossible to get justice done them in Barnstable County. An
+    impartial jury could not be found there. It is the interest of
+    too many to keep the Indians degraded. We think the conviction
+    of these Indians is an act of cruelty and oppression,
+    disgraceful to the Commonwealth. The Marshpee Indians are
+    wronged and oppressed by our laws, nearly as much as ever the
+    Cherokees were by the Georgians. But it is useless to call for
+    the exercise of philanthropy at _home_. It is all expended
+    _abroad_.
+
+    An attempt was made to indict some of the white harpies, who
+    are selling rum to the Indians, without license. Those men got
+    clear, and are still suffered to prey on the poor Indians;
+    but to stop a load of wood, which in reality belonged to the
+    Indians themselves, was an outrage which the Court were ready
+    enough to punish! Is it creditable to let the _white_ spiders
+    break through the laws, while we catch and crush the poor
+    Indian flies?
+
+
+    THE INDIANS.
+
+    William Apes and the Marshpee Indians, who were tried before
+    the Court of Common Pleas, in Barnstable County, were ably
+    defended by Mr. Sumner, of this city. Apes was sentenced by
+    Judge Cummings, to thirty days imprisonment in the common
+    jail. One other was sentenced to ten days imprisonment, and
+    the rest were not tried. When the sentence was pronounced,
+    several Indians who were present, gave indications of
+    strong excitement at what they conceive to be a tyrannical
+    persecution. It is much to be feared, that this unnecessary
+    and apparently vindictive course, pursued by the overseers
+    and their friends, after the Indians had become quiet, and
+    resolved to wait patiently for redress from the Legislature,
+    will inflame them to acts of violence, and give the whites,
+    who wish to oppress them, further advantages over them.
+
+    We have visited the greater part of the tribe recently, in
+    their own dwellings, and we know how strongly and unanimously
+    they feel upon the subject of what they really believe to be,
+    their slavery to the overseers. If, therefore, the course we
+    have pursued, and mean to pursue, in laying their claims to
+    justice before the public, entitles us to be listened to as
+    a friend, we beg them to abstain from all acts which violate
+    even the unjust and hard laws by which they are now held
+    in bondage. Resistance will furnish their enemies with the
+    strongest weapons against them, and discourage their friends.
+    Let them endure patiently, till the next Legislature meets,
+    and if there is any virtue or honesty in our public men, the
+    rights of the Marshpee Indians will be secured.
+
+    In our last article we said that it was impossible for the
+    Indians to have an impartial jury in Barnstable. We did not
+    mean that this arose from all the whites being opposed to
+    the Indians. They have many friends in Barnstable County, who
+    think them deeply injured, and who have no interest in keeping
+    them degraded, in order to enjoy the privileges which too many
+    whites now have, at the expense of the tribe. We alluded to
+    the influences that would be used upon the jury, as in
+    the case of Apes, where we learn, that three individuals,
+    favorable to the Indians, but having formed no opinion in that
+    case, were excluded from the regular jury. One of them was set
+    aside, for saying he thought the Indians ought to be free. We
+    are still at a loss to know under what law these Indians were
+    found guilty of riot, in preventing their own wood from
+    being carried off their own land. Where are all our Cherokee
+    philanthropists, at this time?
+
+The injustice of the proceedings of the Barnstable Court of Common
+Pleas and Sessions, is here fitly exposed. In empanelling the jury, it
+is certain that no name of one favorably inclined toward the Indians
+was selected, and there are many who do not scruple to say, that it
+was the determination of the Court to condemn them, right or wrong.
+Nevertheless, it appeared from the evidence brought, that no fear or
+alarm whatever had been occasioned to the complainants; and that all
+they had to complain of was having been hindered from taking away the
+Marshpees' wood.
+
+It may not be amiss to say here, that when the honorable Judge said he
+thought it would be well to postpone the case till the next session,
+the District Attorney, Mr. Warren, replied that he did not think it
+would be proper, because such a course would involve the Commonwealth
+in extra expense. I should like to ask what thanks are due to
+the learned gentleman from the Commonwealth, for subjecting it to
+continued reproach and disgrace for the sake of a few dollars. Or, can
+it be that there is no disgrace in persisting in wrong toward Indians?
+Let those who think so, think so still; but there are many who think
+otherwise, and there is one above who knows that they think rightly.
+
+When the witnesses and the pleadings had been heard, the jury retired,
+for the sake of decency, and presently returned with a verdict of
+_guilty_. I thought that his Honor appeared to be pleased with it. The
+judgment was suspended about two hours, when the Court again sat, and
+the matter was called up. There was not a little said concerning
+the case. Messrs. Reed, Sumner, Holmes and Nye, of Yarmouth, Boston,
+Rochester, and Sandwich, all professional men, were opposed to the
+course pursued by the Court, and thought that an exposition of the
+law to us and reprimand would be productive of a better effect, than
+imprisonment, or other severe punishment, which they justly believed
+would do no good whatever. Their judgment has since been confirmed by
+public opinion, and by the acts of the Legislature.
+
+Since this affair took place, I have been kindly informed by a
+gentleman of Barnstable, that my punishment was not half severe
+enough. I replied that, in my mind, it was no punishment at all; and I
+am yet to learn what punishment can dismay a man conscious of his own
+innocence. Lightning, tempest and battle, wreck, pain, buffeting and
+torture have small terror to a pure conscience. The body they may
+afflict, but the mind is beyond their power.
+
+The gentleman above mentioned, and one other, have frequently said to
+the Marshpees, "If you will only get rid of Apes, and drive him off
+the plantation, we will be your friends." This has been their continued
+cry since I began to use my poor endeavors to get the Indians righted;
+and if it is not now universally believed that it is impossible to
+benefit and befriend the Indians while I am among them, it is not
+because they have spared any pains to propagate the doctrine. One
+would think, to hear these gentlemen talk, that they have a strong
+desire to benefit the Marshpees; and the question naturally arises,
+what steps they would take to this end, if they had the power. If
+we are to judge of the future by experience of the past, we may
+reasonably suppose that they would profit the tribe, by getting
+possession of their property, and making their own advantage of it.
+
+The Taunton Gazette found fault with the government of the
+Commonwealth, for having placed the Marshpees under its laws contrary
+to their wish and consent, and denies its right so to do. This may
+be considered as in some degree indicative of the feeling of the good
+people of Taunton; and there are many other towns in Massachusetts
+where a kindly feeling is entertained for our persecuted race. We
+believe the wish to relieve us from bondage is general throughout the
+State, and we earnestly hope that a few designing men will not be able
+to accomplish their selfish ends, contrary to the will of a majority
+of the people.
+
+The next article is from the Boston Advocate, of December 4, 1833.
+
+    TEMPERANCE AMONG THE INDIANS AT MARSHPEE.
+
+
+    The Indians met upon the 11th of October to take into
+    consideration the cause of temperance, and to investigate the
+    evils that King Alcohol has practised upon us, by infusing
+    into our heads fancied riches, fame, honor, and grandeur,
+    making us the sovereigns of the whole earth. But having been
+    so often deceived, beat, abused and tyrannized over, and
+    withal cheated, and robbed, and defrauded by this tyrant, and
+    to cap the climax, almost deprived of our senses, burnt and
+    nearly frozen to death, and all our expectations cut off as
+    to the comforts of life, it was agreed upon, (after an
+    appropriate address from the Rev. William Apes, setting forth
+    the evils of intemperance and its awful effects in wasting
+    away our race, like the early dew, before the morning sun,)
+    by our most influential people to attack this mighty champion,
+    and if possible, overcome him, and shut him up in prison, and
+    set a seal upon him, that he shall deceive our nation no more.
+    Accordingly a Temperance Society was formed, and the following
+    officers were elected: Rev. William Apes, President; Rev.
+    Joseph Amos, Vice President; Dea. I. Coombs, and Thomas
+    Hush, Recording Secretaries; Dea. C. Hinson, Corresponding
+    Secretary; Executive Committee, Oakes Coombs, Joseph Tobey,
+    Frank Hicks. Forty-two of the tribe united in the pledge of
+    Temperance.
+
+    Nov. 14. We met again, and the President again addressed the
+    meeting, much to the satisfaction of the people. After which
+    many others gave spirited addresses, setting forth the evils
+    of intemperance, in a most pathetic manner. It has caused a
+    wonderful effect, and our brethren are enlisting to take hold
+    and shut up our great enemy in prison, and choke him to death
+    by total abstinence. Friends of Temperance help.
+
+    The Society passed the following resolutions:
+
+    _Resolved_, That we will not countenance the use of ardent
+    spirits among us, in any way whatever; and that we will do
+    all in our power to suppress it. That we will not buy it
+    ourselves, nor suffer it to be in our houses, unless ordered
+    by a physician.
+
+    _Resolved_, That this Society shall meet monthly, to regulate
+    itself, and if any one is found to break their pledge, the
+    same shall be excluded, without speedy repentance.
+
+    _Voted_, That the above be printed. Sixty-one is found upon
+    our list.
+
+        CHRISTOPHER HINSON, _Cor. Sec'y_.
+
+        _Marshpee, Nov. 15_.
+
+It appears from this that Indians can be temperate, and have a
+disposition and desire to benefit themselves. It shows, too, that
+they are capable of organizing societies, and taking care of their own
+concerns, as well, to say the least, as any equal number of persons in
+the Commonwealth; for they certainly feel more strongly interested for
+themselves than others can be for them.
+
+It will be seen that little was done concerning our tribe, from
+the session of the Court at Barnstable up to the meeting of the
+Legislature, though the opposition to us had wealth, talent and power
+in its ranks. Clergymen, lawyers, physicians, counsellors, Governor,
+senators, and representatives were arrayed against us; and we
+Marshpees account all who opposed our freedom, as tories, hostile
+to the constitution, and the liberties of the country. This is our
+sincere opinion of them, and it is to us a thing inexplicable that his
+Excellency, the then Governor, should have seen fit to place himself
+at their head.[8] We desire to thank our Maker that they found
+themselves in the minority of the people, and fell in the esteem of
+Christian and benevolent persons who heard of their conduct. We thank
+the majority of the controllers of public affairs, that they had
+more sense than to think of holding the rightful lords of the soil in
+bondage any longer, for the gratification of selfish and unjust
+men. Honorable is it to Massachusetts that there are enough good and
+upright men in authority, to counteract the measures of those of a
+different character, and remedy the evils they may occasion.
+
+I shall now proceed to present to my brethren, an Indian's appeal to
+them, and the laws framed by the Legislature for the oppression and
+moral and political destruction of the Marshpees in by-gone days.
+My comments thereupon will be omitted, because, should I say all
+the subject suggests, it would swell my book to a bulk that would be
+wearisome to the reader.
+
+    AN INDIAN'S APPEAL TO THE WHITE MEN OF MASSACHUSETTS.
+
+
+    As our brethren, the white men of Massachusetts, have recently
+    manifested much sympathy for the red men of the Cherokee
+    nation, who have suffered much from their white brethren;
+    as it is contended in this State, that our red brethren,
+    the Cherokees, should be an independent people, having the
+    privileges of the white men; we, the red men of the Marshpee
+    tribe, consider it a favorable time to speak. We are not free.
+    We wish to be so, as much as the red men of Georgia. How will
+    the white man of Massachusetts ask favor for the red men
+    of the South, while the poor Marshpee red men, his near
+    neighbors, sigh in bondage? Will not your white brothers of
+    Georgia tell you to look at home, and clear your own borders
+    of oppression, before you trouble them? Will you think of
+    this? What would be benevolence in Georgia, the red man thinks
+    would be so in Massachusetts. You plead for the Cherokees,
+    will you not raise your voice for the red man of Marshpee?
+    Our overseers are not kind; they speak, you hear them. When we
+    speak for ourselves, our voice is so feeble it is not heard.
+
+    You think the men you give us do us good, and that all is
+    right. Brothers, you are deceived; they do us no good. We
+    do them good. They like the place where you have put them.
+    Brothers, our fathers of this State meet soon to make laws;
+    will you help us to enable them to hear the voice of the red
+    man?
+
+        _Marshpee, Dec. 19, 1833_.
+
+This appeal was published in several of the public prints, in order to
+make our dissatisfaction manifest.
+
+The next extract is from the Boston Advocate, and shows what
+opposition was made to the reading of our petition in the House of
+Representatives. The article says all that can be said for itself.[9]
+
+    PETITION OF THE MARSHPEE TRIBE OF INDIANS.
+
+
+    Yesterday morning, in the House, Mr. Cushing of Dorchester,
+    presented the petition of the Proprietors and inhabitants of
+    the Marshpee Plantation, signed by 79 males and 92 females on
+    the plantation, and in behalf of 79 males and 37 females, who
+    are absent from the plantation, and say they will not return
+    to live under the present laws, in all 287: praying for the
+    privilege to manage their own property; for the abolition of
+    the overseership, that they may be incorporated as the town of
+    Marshpee, with the right to make municipal regulations; that
+    one or more Magistrates may be appointed among them; and for a
+    repeal of the existing laws relating to their tribe, with the
+    exception of the law preventing their selling their lands,
+    which they pray may be retained; and for a redress of
+    grievances.
+
+    [The Memorial sets forth in detail, the complaints of the
+    tribe, and was drawn up among themselves, without assistance.
+    It is represented here by Deacon Coombs, Daniel Amos, and
+    William Apes, all of them well informed Indians, who
+    are deputed by the tribe, and were present in the House
+    yesterday.]
+
+    Mr. Cushing moved that the petition be read and referred to a
+    special Committee, to be joined by the Senate.
+
+    Mr. Swift of Nantucket, said there was a statement to be
+    made from the Governor and Council, on the subject of the
+    difficulties with the Indians, and he hoped the petition would
+    be laid on the table without being read.
+
+    Mr. Allen of Pembroke, hoped the motion to read the petition
+    would not prevail. We should have in a few days a statement
+    from the Governor and Council, and he hoped nothing would be
+    done until that was received, to prejudice the House.
+
+    Mr. Cushing of Dorchester, was not aware that any objections
+    could be made to the reading of the petition, which he
+    considered as a matter of course; nor could he see how a
+    knowledge of the matter could prejudice the House. He presumed
+    the House would not take upon itself to refuse to hear the
+    petition of the humblest individual, and he did not fear that
+    they could not control their minds so far as to be ready to
+    give a fair hearing to the other side. The intimation that
+    some document was to come from another source, did not go at
+    all to show that the petition ought not to be read. Whether
+    the statement which gentlemen said was to be made, was in aid
+    or explanation of the petition did not appear, but the subject
+    was before the House, and ought to receive the attention due
+    to it.
+
+    Mr. Lucas of Plymouth, said (as far as we could hear him) that
+    the difficulty in the Marshpee tribe had been caused by an
+    itinerant preacher, who went there and urged them to declare
+    their independence. They proceeded to extremities, and the
+    Governor and Council sent a commissioner to examine the
+    affair, and he made a report to the Council, and until that
+    was heard, he hoped nothing would be heard from the Indians.
+    It ought first to come before the House. The petition
+    originated no doubt, from the itinerant preacher, who had been
+    pouring into their ears discontent until they had a riot, and
+    the rioters were prosecuted with the preacher among them,
+    and he was convicted and imprisoned. Whether any of the
+    petitioners were among those rioters or not, he did not know.
+
+    Mr. Allen of Pembroke, said he had not heard the gentleman
+    from Plymouth. It was not his wish to prevent the petitioners
+    being heard at a proper time, but he thought the House ought
+    to hear the other side, before any course was taken.
+
+    Mr. Robinson of Marblehead, hoped that the attempt would not
+    be persisted in, to withhold from these Indians the common
+    indulgence of having their petition read.
+
+    Mr. Loring of Hingham, understood that this was the same
+    petition which went before the Governor and Council, [Mr. L.
+    was misinformed; It is a different petition,] and as it was
+    very long, it would take up time unnecessarily to read it. He
+    hoped it would be laid on the table.
+
+    Mr. Allen of Worcester, thought those who opposed the reading
+    were in fact increasing the Importance of the petition by that
+    course. If the House should refuse to hear it read, a
+    course he did not remember had ever been adopted toward any
+    respectful petition, from any quarter, it would become a
+    subject of much more speculation than if it took the ordinary
+    course.
+
+    Mr. H. Lincoln of Boston, was surprised to hear an objection
+    raised to the reading of this petition. It was due to the
+    character of the House, and to our native brethren the
+    petitioners, whose agents were here on the floor, that they
+    should be heard, and heard patiently. He hoped that out of
+    respect to ourselves, and from justice to the petitioners,
+    their petition would find every favor, which in justice ought
+    to be extended to it.
+
+    Mr. Swift of Nantucket, again urged that the petition ought
+    not to be read, until the report from the Governor and Council
+    was first heard.
+
+    Mr. Chapman.--The petitioners have a constitutional right to
+    be heard. I know not of what value that provision is which
+    gives a right to petition, if the House can refuse to hear the
+    petition. They do not ask for action, but to be heard. It can
+    be read and laid on the table. So long as I hold a seat in
+    this House, my hand shall be raised to give a hearing to the
+    humblest individual who presents a petition for redress of
+    grievances.
+
+    Mr. Loring of Hingham hoped the idea could not be entertained
+    that they wished to throw this subject out of the House. He
+    wanted the whole subject should be brought up, and not that
+    this petition should go in first. It was not his wish to
+    prevent the petitioners being heard.
+
+    The Speaker put the question, shall the petition be read? and
+    it was carried in the affirmative, nearly every hand in the
+    House being raised. In the negative we saw but five hands. The
+    petition was then read by the Speaker.
+
+    Mr. Roberts of Salem moved that it be laid on the table and
+    printed for the use of the House, as there must be a future
+    action of the House upon it. The motion was carried without
+    objection.
+
+    The attempt to prevent the petition of the Marshpee Indians
+    from being read, was repelled in the House with an unanimity
+    which shows the value the Representatives place upon the right
+    of petitioning. The poor Indians are without advice or counsel
+    to aid them, for they have no means to fee lawyers, but they
+    will evidently find firm friends in the House ready to do them
+    justice. This is no party question. It involves the honor of
+    the State. Let all be done for them that can be wisely done
+    in a spirit of paternal kindness. Let it not be shown that our
+    sympathy for Indians extends only to those at the South, but
+    has no feeling for our own.
+
+       *       *       *       *       *
+
+    [_From the same_.] THE MARSHPEE INDIANS.
+
+
+    The laws which regulate this remnant of a once powerful tribe
+    of Indians, are not familiar to many, and it is one great
+    defect in the present system, that these laws are so difficult
+    of access, and so complex that the Indians neither know nor
+    comprehend them; and it cannot be expected that they should
+    live contentedly under oppressive regulations which they do
+    not understand. Should any new laws be passed, they ought to
+    be as simple as possible, and be distributed for the use of
+    the Indians.
+
+    By the Act of 1788, Ch. 38, Vol. 1 of Laws, page 342, new
+    provisions were made, the previous act of 1788, Ch. 2, being
+    found insufficient "to protect them and their property against
+    the arts and designs of those who may be disposed to take
+    advantage of their weakness." The wisdom of the whites, at
+    that time, invented the following provisions for that purpose:
+
+    SECTION 1. A Board of five Overseers was established,
+    (afterwards reduced to three,) two to be inhabitants of
+    Barnstable County, and three from an adjoining County. (Now
+    two are inhabitants of Barnstable and one of Plymouth County.)
+    These Overseers were vested with full power to regulate the
+    police of the plantation; to establish rules for managing
+    the affairs, interests and concerns of the Indians and
+    inhabitants. They may improve and lease the lands of the
+    Indians, and their _tenements_; regulate their streams, ponds
+    and fisheries; mete out lots for their particular improvement;
+    control and regulate absolutely, their bargains, contracts,
+    wages, and other dealings, take care of their poor, and bind
+    out their children to suitable persons.
+
+    The Overseers are directed to hold stated meetings, elect a
+    moderator, secretary and treasurer, and may appoint and
+    remove guardians over any of the Indians, to act under the
+    the Overseers, and to carry their regulations into effect, the
+    guardians to give bonds to the Overseers.
+
+    By section 2, the Overseers or the guardians they appoint have
+    power to demand and receive all property or wages owing to
+    said Proprietors or any of them, by any person, and may sue in
+    their own names for its recovery, or for any trespass, fraud
+    or injury done to their lands or them. They may settle all
+    accounts and controversies between the Indians or any white
+    person, for voyages or any services done by them, and may bind
+    the children of poor proprietors by indenture, to suitable
+    persons.
+
+    SECT. 3. No lease, covenant, bond or bargain, or contract in
+    writing, is of any validity unless approved by the Overseer or
+    guardian; and no Indian proprietor can be sued for any goods
+    sold, services done, &c. or for money, unless the account is
+    first approved by the Overseers.
+
+    [This, it is said, enables the Overseers to sanction the
+    accounts of those who sell to the Indians upon the expectation
+    of obtaining the favor of the Overseers, and opens a door for
+    connivance.]
+
+    SECT. 4. The Overseers are to keep a fair account of all
+    monies, wages, &c. they receive, and all proceeds of the
+    plantation, and shall distribute to the proprietors their
+    respective shares and dues, after deducting reasonable expense
+    of conducting their business, _paying their just debts_, (of
+    which the Overseers are made the judges,) and providing for
+    the sick and indigent, from the common profits, and reserving
+    such sums as can be spared conveniently, for the support of
+    religious instruction, and schooling children. The accounts to
+    be laid before the Governor annually. The Governor and Council
+    appoint the Overseers and displace them at pleasure.
+
+    SECT. 5. The Indian Proprietors are prohibited giving any one
+    liberty to cut wood, timber or hay, to milk pine trees, carry
+    off any ore or grain, or to plant or improve any land
+    or tenement, and no such liberty, unless approved by the
+    Overseers, shall bar an action on the part of the Overseers to
+    recover. The lands shall not be taken in execution for debt,
+    and an Indian committed for debt may take the poor
+    debtor's oath, his being a _proprietor_ to the contrary
+    notwithstanding.
+
+    The last act relating to this tribe, was passed Feb. 18, 1819,
+    Chap. 105, 2d vol. of Laws, page 487. It provides that no
+    person thereafter shall be a proprietor of the Plantation,
+    except a child or lineal descendant of some proprietor, and in
+    no other way shall this _right_, as it is called, be acquired.
+    Other inhabitants are called members of the tribe.
+
+    The Overseers are to keep a record of names, or census, of all
+    who are proprietors, and all who are residents or members of
+    the tribe, a return of which is to be made to the Governor the
+    last of December.
+
+    The Overseers, in addition to all former power, are invested
+    with all the powers and duties of guardians of the Indians,
+    whenever such office of guardian shall be vacant. [A very
+    blind provision, by the way, which it may be as difficult for
+    white men as for Indians to understand.]
+
+    Any person selling ardent spirits to an Indian, without
+    a permit in writing from the Overseer, from some agent of
+    theirs, or from a respectable physician, may be fined not more
+    than fifty dollars, on conviction; and it shall be the duty
+    of the Overseer to give information for prosecuting such
+    offenders.
+
+    The Overseers may bind out to service, for three years at
+    a time, any proprietor or member of the tribe, who in their
+    judgment has become an habitual drunkard and idler, and they
+    may apply his earnings to his own support, his family's, or
+    the proprietors generally, as they think proper.
+
+    All real estate acquired or purchased by the industry of the
+    proprietors and members, (meaning of course without the limits
+    of the plantation,) shall be their sole property and estate,
+    and may be held or conveyed by deed, will, or otherwise.
+
+    If any Indian or other person shall cut or take away any wood,
+    timber, or other property, on any lands _belonging_ to the
+    proprietors or members, which is not set off; or if any person
+    not a proprietor or member, shall do the same on lands that
+    have been set off, or commit any other trespass, they shall
+    be fined not over $200, or imprisoned not over two years.
+    The Indians are declared competent witnesses to prove the
+    trespass. No Indian or other person is to cut wood without
+    a permit in writing, signed by two Overseers, expressing the
+    quantity to be cut, at what time and for what purpose; and the
+    permit must be recorded in their proceedings before any wood
+    or timber shall be cut.
+
+    [Of this provision, the Indians greatly complain, because it
+    gives them no more privilege in cutting their own wood than a
+    stranger has, and because under it, as they say, the Overseers
+    oblige them to pay a dollar or more a cord for all the wood
+    they are permitted to cut, which leaves them little or no
+    profit, and compels the industrious to labour merely for
+    the support of the idle, while the white men, who have their
+    teams, vessels, &c. can buy their permits and cut down the
+    wood of the plantation in great quantities, at much greater
+    profit than the Indian can do, who has nothing but his axe,
+    and must pay these white men a dollar or more for carting his
+    wood, and a dollar or more to the Overseers, thus leaving him
+    not enough to encourage industry.]
+
+    All accounts of the Overseers are to be annually examined by
+    the Court of Common Pleas for Barnstable, and a copy sent by
+    the Overseers to the Governor.
+
+    Any action commenced by the Overseers, does not abate by their
+    death, but may be prosecuted by the survivors.
+
+    All fines, &c. under the act, are to be recovered before
+    Courts in Barnstable County, one half to the informer, and the
+    other to the State. These are all the provisions of the law
+    of 1819, and these are the provisions under which the tribe is
+    governed.
+
+As I suppose my reader can understand these laws, and is capable of
+judging of their propriety, I shall say but little on this subject, I
+will ask him how, if he values his own liberty, he would or could rest
+quiet under such laws. I ask the inhabitants of New England generally,
+how their fathers bore laws, much less oppressive, when imposed upon
+them by a foreign government. It will be at once seen that the third
+section takes from us the rights and privileges of citizens _in toto_,
+and that we are not allowed to govern our own property, wives
+and children. A board of overseers are placed over us to keep our
+accounts, and give debt and credit, as may seem good unto them.
+
+At one time, it was the practice of the Overseers, when the Indians
+hired themselves to their neighbors, to receive their wages, and
+dispose of them at their own discretion. Sometimes an Indian bound
+on a whaling voyage would earn four or five hundred dollars, and
+the shipmaster would account to the overseers for the whole sum. The
+Indian would get some small part of his due, in order to encourage
+him to go again, and gain more for his white masters, to support
+themselves and educate their children with. And this is but a specimen
+of the systematic course taken to degrade the tribe from generation
+to generation. I could tell of one of our masters who has not only
+supported himself and family out of the proceeds of our lands and
+labors, but has educated a son at College, at our expense.
+
+It is true that if any Indian elected to leave the plantation, he
+might settle and accumulate property elsewhere, and be free; but if he
+dared to return home with his property, it was taken out of his hands
+by the Board of Overseers, according to the unjust law. His property
+had no more protection from their rapacity than the rest of the
+plantation. In the name of Heaven, (with due reverence,) I ask,
+what people could improve under laws which gave such temptation and
+facility to plunder? I think such experiments as our government have
+made ought to be seldom tried.
+
+If the government of Massachusetts do not see fit to believe me, I
+would fain propose to them a test of the soundness of my reasoning.
+Let them put our white neighbors in Barnstable County under the
+guardianship of a Board of Overseers, and give them no privileges
+other than have been allowed to the poor, despised Indians. Let them
+inflict upon the said whites a preacher whom they neither love nor
+respect, and do not wish to hear. Let them, in short, be treated
+just as the Marshpee tribe have been, I think there will soon be a
+declension of morals and population. We shall see if they will be able
+to build up a town in such circumstances. Any enterprising men who may
+be among them will soon seek another home and society, which it is not
+in the power of the Indians to do, on account of their color. Could
+they have been received and treated by the world as other people are,
+there would not be so many living in Marshpee as there are by half.
+
+The laws were calculated to drive the tribe from their possessions,
+and annihilate them, as a people; and I presume they would work the
+same effect upon any other people; for human nature is the same under
+skins of all colors. Degradation is degradation, all the world over.
+
+If the white man desired the welfare of his red brethren, why did he
+not give them schools? Why has not the State done something to supply
+us with teachers and places of instruction? I trow, all the schooling
+the Marshpee people have ever had, they have gotten themselves. There
+was not even a house on the plantation for the accommodation of a
+teacher, till I arrived among them. We have now a house respectable
+enough for even a white teacher to lodge in comfortably, and we are in
+strong hopes that we shall one day soon be able to provide for our own
+wants, if the whites will only permit us to do so, as they never have
+done yet. If they can but be convinced that we are human beings, I
+trust they will be our hindrance no longer.
+
+I beg the reader's patience and attention to a few general remarks. It
+is a sorrowful truth that, heretofore, all legislation regarding the
+affairs of Indians, has had a direct tendency to degrade them, to
+drive them from their homes, and the graves of their fathers, and
+to give their lands as a spoil to the general government, or to the
+several States. In New England, especially, it can be proved that
+Indian lands have been taken to support schools for the whites, and
+the preaching of the gospel to them. Had the property so taken been
+applied to the benefit of its true owners, they would not and could
+not have been so ignorant and degraded a race as they now are; only
+forty-four of whom, out of four or five hundred, can write their
+names. From what I have been able to learn from the public prints and
+other sources, the amount annually derived to the American people,
+from Indian lands is not far from six millions, a tax of which they
+have almost the sole benefit. In the mean while, we daily see the
+Indian driven farther and farther by inhuman legislation and wars,
+and all to enrich a people who call themselves Christians, and are
+governed by laws derived from the moral and pious puritans. I say
+that, from the year of our Lord 1656, to the present day, the conduct
+of the whites toward the Indians has been one continued system of
+robbery.
+
+I suppose many of my readers have heard of the late robbery at
+Barnegat, and are ready to say, that the like has never been known in
+this country, and seldom in any other. Now, though two-thirds of the
+inhabitants, not excluding their magistrates, have been proved to
+be thieves, I ask, was their conduct worse, or even so bad as that
+constantly practised by the American people toward the Indians? I say
+no; and what makes the robbery of my wronged race more grievous is,
+that it is sanctioned by legal enactments. Why is it more iniquitous
+to plunder a stranded ship than to rob, and perhaps murder, an Indian
+tribe? It is my private opinion that King Solomon was not far wrong
+when he said, "Bring up a child in the way he should go, and when
+he is old he will not depart from it." He might have said with equal
+propriety, "in the way he should _not_ go." I am sorry that the
+puritans knew no better than to bring up their children to hate and
+oppress Indians. I must own, however, that the children are growing
+something better than their fathers were, and I wish that the children
+of Barnegat had had better parents.
+
+The next matter I shall offer is in two more articles from the Boston
+Advocate. The first is by the Editor.
+
+
+    THE INDIANS.
+
+
+    The arms of the State of Massachusetts, which appear at the
+    head of all official acts, and upon the seals of office, are
+    an Indian with his bow and arrows. Over his head is an arm
+    holding the sword of Justice. Is this sword designed to
+    protect or oppress the Indians? The Legislature now have the
+    opportunity to answer this question, and as they answer, will
+    be the record in history. The principal community of Indians
+    in this State, the Marshpee tribe, have presented their
+    complaints before the Legislature. Though an unwise attempt
+    was made by some few of the Representatives from the
+    neighborhood of the Indians, to prevent the reading of their
+    petition, it was received with marked kindness by the House,
+    and ordered to be printed, a favor which the Indians did not
+    think of asking.
+
+    There is evidently a disposition in the House to prove that
+    our sympathies are not confined merely to the Georgia Indians,
+    for political effect.
+
+    MR. HALLETT,
+
+    I perceive that your paper has spoken a good word now and then
+    for the native Indians of Massachusetts. There is no class of
+    human beings in this State, who have more need of a candid and
+    humane advocate.
+
+    I do not know much about the remnants of a once noble and
+    hospitable race, and yet I know enough to make me grieve for
+    them, and ashamed of the State.
+
+    For about two hundred years, the laws have prohibited Indians
+    from selling their lands to whites, within this Commonwealth.
+    This restriction, designed originally to protect the natives
+    against fraud, has, upon the whole, had an unfavorable effect
+    upon their happiness. If they had been at liberty to dispose
+    of their land and depart with the proceeds, or even without
+    the proceeds, to seek some new location, they would in all
+    probability have been happier. Nor have these prohibitory laws
+    had even the poor effect to protect them from the rapacity
+    of their white neighbors. These have contrived to clip the
+    corners of those simple people, and to get hold of their
+    pleasant and fertile vallies in a very surprising manner,
+    considering the strictness of the law.
+
+    But the great ground of complaint is, that no native Indian,
+    or descendant, is allowed by us _to be a man, or to make
+    himself a man_, whatever may be his disposition and capacity.
+    They are all kept in a state of vassalage, under officers,
+    appointed sometimes by the Governor, and sometimes by
+    the Legislature. The spot of his own ground, which he
+    may cultivate, is annually rented out to the Indian by an
+    overseer; and provisions are doled out to the tribe according
+    to the discretion of _"Guardians," "Trustees,"_ &c. Their
+    accounts are presented to the Governor and Council, who allow,
+    and the Treasurer of the Commonwealth pays them as a matter of
+    course. I dare not say whether those accounts are in all cases
+    correct, or not. If they are, we ought to be thankful to
+    the honesty of the Trustees, &c. not to the wisdom of the
+    Legislature in providing checks upon fraud.
+
+    But the effect upon the _Indians_ is the great question. This
+    is decidedly bad. They are treated more like dogs than men. A
+    state of tutelage, extending from the cradle to the grave; a
+    state of utter dependence, breaks down every manly attribute,
+    and makes of human creatures, designed to walk erect, creeping
+    things.
+
+    But there is another very great evil, if I am rightly
+    informed, which calls loudly for the interposition of the
+    Legislature. The Marshpee and other Indian communities in
+    this State, are not included within the jurisdiction of any
+    incorporated town. The consequence is, that they are without
+    police, except what the Trustees and other officers appointed
+    by them, exercise. These officers never live among them;
+    and the consequence is, that the Indian grounds are so
+    many _Alsatias_, where the vagrant, the dissipated, and the
+    felonious do congregate. Nor is this the fault of the native.
+    It is the fault of their State; which, while it has demolished
+    Indian customs, has set up no regular administration of
+    municipal laws in their stead. Thus I am informed, that at
+    Gayhead, spirituous liquors are retailed without license, and
+    that _it is considered_ that there is no power which can reach
+    the abuse. There are many industrious and worthy people among
+    these natives, who are anxious for improvement, and to promote
+    the education and improvement of their people, but a degrading
+    personal dependence on the one hand, and the absence of nearly
+    all incentives and all power to do good on the other, keeps
+    them down.
+
+    The _paupers_ among these natives, who are at some seasons of
+    the year a majority or nearly all of them, are supported
+    by the State, and there must be a great opportunity and
+    temptation to the agents of the government to wrong these poor
+    people. The agents always have the ear of the government, or
+    rather they _are_ the government. The Indians have nobody to
+    speak for them. They are kept too poor to pay counsel. I think
+    it is not too much to say that almost any degree of injustice,
+    short of murder, might be done them without any likelihood of
+    their obtaining redress.
+
+    Why should not this odious, and brutifying system be put
+    an end to? Why should not the remaining Indians in this
+    Commonwealth be placed upon the same footing as to rights of
+    property, as to civil privileges and duties, as other men?
+    Why should they not _vote_, maintain schools, (they have
+    volunteered to do this in some instances,) and use as they
+    please that which is their own? If the contiguous towns
+    object to having them added to their corporations, let them
+    be incorporated by themselves; let them choose their officers,
+    establish a police; maintain fences and take up stray cattle.
+    I believe the Indians desire such a change. I believe they
+    have gone as far as they are allowed to introduce it. But they
+    are fettered and ground to the earth.
+
+    I am informed that many of the stoutest _whalers_ are produced
+    among our small Indian tribes. I am also informed, that they
+    are defrauded by the whites of a great part of their
+    wages, which would otherwise amount to large sums. If some
+    respectable men could be trained up and fostered among these
+    people, their intelligence and influence would be invaluable
+    to educate, protect and guide their seafaring brethren. Under
+    such auspices, they would, after the years of peril, return
+    and settle down with snug independence, be a blessing to their
+    brethren, and respectable in the sight of all. Now they are
+    so knocked about, so cheated, preyed upon and brutalized,
+    that they think of nothing, and _hope_ nothing, but sensual
+    gratifications; and in consequence, die prematurely, or live
+    worse than to die.
+
+    The Christian philanthropists of Massachusetts little know
+    the extent of evil, which there is in this respect. I entreat
+    them, I entreat the constituted authorities, to look to it.
+
+        WILLIAM PENN.
+
+I use these pieces chiefly because they partly correspond in truth
+and spirit with what I have already said. Let our friends but read the
+laws, and they will see what the sword of the Commonwealth is intended
+for. In the second article there is a grievous mistake. It says that
+the government has assisted us. The Marshpee Indians have always paid
+their full share of taxes, and very great ones they have been. They
+have defrayed the expense of two town meetings a year, and one of two
+of the white men whose presence was necessary, lived twenty-five miles
+off. The meetings lasted three or four days at a time, during which,
+these men lived upon the best, at our cost, and charged us three
+dollars a day, and twenty-five cents a mile, travelling expenses,
+going and coming into the bargain. This amounts to thirty-five dollars
+a trip; and as there were, as has already been said, two visitations a
+year, it appears that we have paid seventy dollars a year to bring one
+visitor, whose absence would have been much more agreeable to us than
+his presence. Extend this calculation to the number of seven persons,
+and the other expenses of our misgovernment, and perhaps some other
+expenditures not mentioned, and see what a sum our tax will amount to.
+
+The next article is from the Boston Advocate of December 27, 1833.
+
+
+    THE MARSHPEE INDIANS.
+
+
+    It was stated in the Barnstable Journal the other day, and has
+    been copied into other papers, that the Marshpee Indians
+    were generally satisfied with their situation, and desired no
+    change, and that the excitement, produced principally by
+    Mr. Apes, had subsided. We had no doubt this statement was
+    incorrect, because we had personally visited most of the
+    tribe, in their houses and wigwams, in August last, and found
+    but one settled feeling of wrong and oppression pervading the
+    whole; not a new impulse depending upon Mr. Apes or any other
+    man, but the result of the unjust laws which have ruled them
+    like a complete despotism.
+
+    The Overseers are not so much to blame as the laws. We doubt
+    not they have acted honestly; but, in the spirit of the laws,
+    they have almost unavoidably exercised a stern control over
+    the property and persons of the tribe. In fact the laws, as
+    they now stand, almost permit the Overseers, with impunity,
+    to sell the Indians for slaves. They can bind them out as they
+    please, do as they please with their contracts, expel them
+    from the plantation almost at will, and in fact use them
+    nearly as slaves. We do not think they have intentionally done
+    wrong to the Indians, but the whole system of government is
+    wrong; and hence the unalterable dislike the Indians have to
+    their Overseers. No better men could be appointed, that
+    we know of; but the best men must play the tyrant, if they
+    execute the present laws, designed as they are to _oppress_,
+    and not to protect the poor Indians.
+
+    We have known these Indians, from our youth up. They live near
+    our native home. The first pleasure we ever derived from the
+    exercise of benevolence, was in satisfying the calls of their
+    women and children for bread, at our father's door, and we
+    always found them kind hearted to those who were kind to
+    them. We have often met with them to worship in their rural
+    meeting-house, and have again and again explored with the
+    angling rod, the romantic stream, abounding with the nimble
+    trout, which courses through their plantation.
+
+    For those reasons, and these alone, we felt it our duty to
+    give them an opportunity to be heard through the columns of
+    our paper, while all others were closed to them, or cold to
+    their complaints. If we can do them any good, we shall have
+    a full reward in the act itself. We have it already in the
+    simple tribute of gratitude, which they have unexpectedly
+    bestowed upon our poor services.
+
+    They have sent us a communication, which is signed by the best
+    men in the tribe. We know most of these names, and they belong
+    to the most sensible and most industrious to be found on the
+    plantation. Will other papers publish this simple appeal to
+    the justice of the white men? It is useless to say after this,
+    that the Indians of Marshpee are content with their condition.
+    Something must be done for them.
+
+    MARSHPEE INDIANS.
+
+
+    "MR. HALLETT,
+
+    It has been stated in some of the papers that the Marshpee
+    Indians are generally satisfied with their situation, and the
+    conduct of the Overseers, and want no change. It is also said
+    that the most industrious men on the plantation are opposed
+    to petitioning the Legislature to give them the management of
+    their own property; and they would all have been quiet, if it
+    had not been for Mr. Apes.
+
+    Now we know something of our own rights without being told by
+    Mr. Apes, or any one. We have confidence in Mr. Apes, and
+    have seen no reason to doubt that he means well; but our
+    dissatisfaction with the laws and the Overseers was the same
+    as it is now, long before Mr. Apes came among us, and he will
+    have our confidence no longer than while we are satisfied he
+    does right. If he does wrong, we shall oppose him as soon as
+    any man, but so long as he honestly aids us in seeking for our
+    rights, we shall be in his favor. He is only one of us, and
+    has no more authority over the tribe than any other member
+    of it. He has been adopted into the tribe, according to the
+    Indian custom; and as long as he deserves our confidence, we
+    shall regard him as a friend.
+
+    But it is unfair to attempt to prejudice the public against
+    us, while we are petitioning for our rights. It is not true
+    that the Indians are satisfied. The Legislature ought not to
+    be deceived by such stories from interested men. There is
+    a universal dissatisfaction with our condition, and unless
+    something is done to relieve us, the whole tribe must suffer,
+    and they will feel as if they must give up all hope of
+    improving their condition. We wish you to publish this with
+    our names, that the public may not be deceived.
+
+
+        Daniel B. Amos,
+        James Hush,
+        Ezra Attaquin,
+        Christopher Hinson,
+        Aaron Keeter,
+        Joseph Pocknet,
+        Nicholas Pocknet,
+        David Wilbur,
+        William X[Note: sideways X] Jones, (his mark,)
+        Isaac X[Note: sideways X] Simons,     "
+        Oaks A. Coombs,
+        Isaac Coombs,
+        James Lowes,
+        George Cannada,
+        Richard Simon,
+        Daniel X[Note: sideways X] Pocknet, (his mark,)
+        Peter X[Note: sideways X] Squib,       "
+        Joseph X[Note: sideways X] Squib,      "
+        Jacob X[Note: sideways X] Pocknet,     "
+        Israel Amos,
+        David Mingo.
+
+    N.B. There could be a host of names procured, but we think
+    here are enough to satisfy the whole earth that we are _not_
+    satisfied to remain in bondage.
+
+    We also feel very grateful for the patriotic and benevolent
+    course that the worthy editor, Mr. Hallett, has pursued, in
+    laying our claims and oppression before the public, especially
+    as he has done it without asking the least compensation.
+    We rejoice to find such friends, for we believe them to be
+    Christians, and impartial philanthropists.
+
+    Gentlemen and ladies of other papers are not forgotten. The
+    Indian's heart swells with gratitude to them for noticing us;
+    and we wish that editors who are friends to our rights, would
+    please notice the above.
+
+    Done at a regular meeting at Marshpee, Dec. 23, 1833.
+
+        DANIEL B. AMOS, _Sec'y. Marshpee, Dec. 23, 1833_."
+
+I quote these articles only because they serve to show that there was
+a disposition prevalent among the editorial fraternity, to prejudice
+the people at large against the rights and liberties of the Indians.
+
+After our petition had been presented, our delegates obtained
+admission into the Hall of the Representatives, where they were
+privileged to tell their own story. Our enemies endeavored to hinder
+them even of this, though without success; and thankful are we that
+they did not succeed. It will be seen from the following, that the
+delegation were not unmindful of their duty.
+
+    The address of the Marshpee Indians at Boylston Hall, last
+    evening, was listened to with great attention, by a crowded
+    house, and with approbation, too, if we may judge from the
+    repeated marks of applause.
+
+    The address at the State House last Friday evening was also
+    attended by an overflowing house. We were unable to get in,
+    and cannot, therefore, say what effect was produced by it.
+
+The next is from the Liberator of Jan. 25, 1834.
+
+    THE MARSHPEE INDIANS.
+
+
+    This is a small tribe, comprising four or five hundred
+    persons, residing at the head of Cape Cod, in Barnstable
+    County. They have long been under the guardianship of the
+    State, treated as paupers, and subjected to the control of a
+    Board of Overseers. A memorial from them was presented to
+    the Legislature last week, (written entirely by one of their
+    number,) in which they set forth the grievances which are
+    imposed upon them, the injustice and impolicy of the laws
+    affecting their tribe, the arbitrary and capricious conduct of
+    the Overseers, and the manner in which they are defrauded
+    of the fruits of their labor; and earnestly beseech the
+    Legislature to grant them the same liberty of action as is
+    enjoyed by their white brethren, that they may manage their
+    own concerns, and be directly amenable to the laws of the
+    State, and not to their present Overseers.
+
+    A delegation from this tribe is now in this city, consisting
+    of Deacon Coombs, Daniel Amos, and William Apes. The use of
+    the Hall of the House of Representatives having been granted
+    to them, they made a public statement of their situation
+    and wants to a crowded audience on Friday evening last,
+    principally composed of members of the House; and were
+    listened to most respectfully and attentively.
+
+    Deacon Coombs first addressed the assembly, in a brief but
+    somewhat indefinite speech; the purport of which was, that,
+    although by taking side with the Overseers, he might have
+    advanced his own interests, he nevertheless chose to suffer
+    with his people, and to plead in their behalf. Their condition
+    was growing more and more intolerable; excessive exactions
+    were imposed upon them; their industry was crippled by
+    taxation; they wished to have the Overseers discharged.
+
+    Daniel Amos next addressed the meeting. He said he was aware
+    of his ignorance; but although his words might be few, and his
+    language broken, he as deeply sympathized with his suffering
+    constituents, as any of his tribe. He gave a short sketch of
+    his life, by which it appeared that he went at an early period
+    on a whaling voyage, and received some bodily injury which
+    incapacitated him from hard labor for a long time. He sought
+    his native home, and soon experienced the severity of those
+    laws, which, though enacted seemingly to protect the tribe,
+    are retarding their improvement, and oppressing their spirits.
+    The present difficulties were not of recent origin. He stated,
+    with commendable pride, that he had never been struck for
+    ill-behaviour, nor imprisoned for crime or debt; nor was he
+    ashamed to show his face again in any place he had visited;
+    and he had been round a large portion of the globe. The
+    memorial before the Legislature had been read to the tribe;
+    some parts had been omitted at their request; and nothing had
+    been sent but by their unanimous consent. After vindicating
+    the character of Mr. Apes, and enumerating some of the
+    complaints of the tribe.
+
+    He was followed by William Apes, who, in a fearless,
+    comprehensive and eloquent speech, endeavored to prove that,
+    under such laws and such Overseers, no people could rise
+    from their degradation. He illustrated the manner in which
+    extortions were made from the poor Indians, and plainly
+    declared that they wanted their rights as men and as freemen.
+    Although comparatively ignorant, yet they knew enough to
+    manage their own concerns more equitably and economically than
+    they were then managed; and notwithstanding the difficulties
+    under which they labored, their moral condition was improving.
+    There was not so much intemperance among them as formerly;
+    many of the tribe were shrewd, intelligent and respectable
+    men; and all that was necessary to raise up the entire mass
+    from their low estate, was the removal of those fetters
+    and restrictions which now bind them to the dust. Mr. Apes
+    described the cause and the extent of the disturbance
+    which took place last summer, and which resulted in his
+    imprisonment. The head and front of their offending was in
+    going into the woods, and unloading a cart, and causing it to
+    be sent away empty. The reason for that procedure was, that
+    they wished no more wood to be cut until an investigation of
+    their rights had been made. They used no violence; uttered no
+    oaths; made no throats; and took no weapons of defence. Every
+    thing was done quietly, but firmly. Mr. Apes wished to know
+    from whence the right to tax them without their consent, and
+    at pleasure, and subject them to the arbitrary control of a
+    Board of Overseers, was derived? He knew not himself; but he
+    feared it was from the color of their skin. He concluded by
+    making a forcible appeal to the justice and humanity of the
+    Legislature, and expressing his confidence that the prayer of
+    the memorialists would not be made in vain.
+
+    In several instances, the speakers made some dextrous and
+    pointed thrusts at the whites, for their treatment of the
+    sons of the forest since the time of the pilgrims, which were
+    received with applause by the audience. They were all careful
+    in their references to the conduct of the Overseers; they
+    wished to say as little about them as possible; but they
+    wanted their removal forthwith.
+
+    This is the first time our attention has been seriously called
+    to the situation of this tribe. It is a case not to be treated
+    with contempt, or disposed of hastily. It involves the rights,
+    the interests, and the happiness of a large number of that
+    race which has been nearly exterminated by the neglect, the
+    oppression, and the cruelty of a superior number of foreign
+    invaders.
+
+    In the enslavement of two millions of American people in the
+    Southern States, the tyranny of this nation assumes a gigantic
+    form. The magnitude of the crime elevates the indignation of
+    the soul. Such august villainy and stupendous iniquity soar
+    above disgust, and mount up to astonishment. A conflagration
+    like that of Moscow, is full of sublimity, though dreadful
+    in its effects; but the burning of a solitary hut makes the
+    incendiary despicable by the meanness of the act.
+
+    In the present case, this State is guilty of a series of
+    petty impositions upon a feeble band, which excite not so much
+    indignation as disgust. They may be, and doubtless are, the
+    blunders of legislation; the philanthropy of proscriptive
+    ignorance; the atoning injuries of prejudice, rather than
+    deliberate oppression. No matter who are the Overseers, (we
+    know them not,) nor how faithfully they have executed
+    the laws. The complaint is principally against the State;
+    incidentally against them. They may succeed, perhaps, in
+    vindicating their own conduct; but the State is to be judged
+    out of the Statute Book, by the laws now in force for the
+    regulation of the tribe. Fearing, in the plenitude of its
+    benevolence, that the Indians would never rise to be men, the
+    Commonwealth has, in the perfection of its wisdom, given them
+    over to absolute pauperism. Believing they were incapable of
+    self-government as free citizens, it has placed them under
+    a guardianship which is sure to keep them in the chains of
+    a servile dependance. Deprecating partial and occasional
+    injustice to them on the part of individuals, it has shrewdly
+    deemed it lawful to plunder them by wholesale, continually.
+    Lamenting that the current of vitality is not strong enough
+    to give them muscular vigor and robust health, it has fastened
+    upon them leeches to fatten on their blood. Assuming that they
+    would be too indolent to labor if they had all the fruits of
+    their industry, it has taken away all motives for superior
+    exertions, by keeping back a portion of their wages. Dreading
+    lest they should run too fast, and too far, in an unfettered
+    state, it has loaded them with chains so effectually as
+    to prevent their running at all. These are some of the
+    excellencies of that paternal guardianship, under which they
+    now groan, and from which they desire the Legislature to grant
+    them deliverance.
+
+    We are proud to see this spontaneous, earnest, upward movement
+    of our red brethren. It is not to be stigmatized as turbulent,
+    but applauded as meritorious. It is sedition, it is true; but
+    only the sedition of freedom against oppression; of justice
+    against fraud; of humanity against cruelty. It is the
+    intellect opposed to darkness; the soul opposed to
+    degradation. It is an earnest of better things to come,
+    provided the struggling spirit be set free. Let this tribe
+    have at least a fair trial. While they remain as paupers, they
+    will feel like paupers; be regarded like paupers; be degraded
+    like paupers. We protest against this unnatural order of
+    things; and now that the case has come under our cognizance,
+    we shall not abandon it hastily.
+
+    We are aware that another, and probably an opposite view of
+    this case is to be laid before the public, on the part of a
+    commissioner delegated by the Governor and Council, to inquire
+    into the difficulties which have arisen between the tribe and
+    the Overseers. We shall wait to get a glimpse of it before we
+    pass judgment upon it. Whatever may be alleged either against
+    the Indians or against those who hold a supervision over them,
+    or whatever may be said in favor of them both; we have felt
+    authorized to make the foregoing remarks, upon an examination
+    of the laws enacted for the government of these discordant
+    parties. An augmentation, diminution, or change of the Board
+    of Overseers, will not remedy the evil. It lies elsewhere;
+    in the absolute prostration of the petitioners by a blind
+    legislation. They are not, and do not aspire to be an
+    independent government, but citizens of Massachusetts.
+
+    Fortunately, there is a soul for freedom in the present
+    Legislature. A more independent House of Representatives has
+    never been elected by the people. The cries of the Indians
+    have reached their ears, and we trust affected their hearts.
+    They will abolish a needless and unjust protectorate. The
+    limb, which is now disjointed and bleeding, will be united to
+    the body politic. What belongs to the red man shall hereafter
+    in truth be his; and, thirsting for knowledge and aspiring to
+    be free, every fetter shall be broken and his soul made glad.
+
+About this time the opposition of our enemies increased to a flood.
+Yet we remained undismayed; for we knew that we had the right on
+our side. So we endured the shots of their sharp shooters against us
+patiently. The following, from the Boston Courier of January 28, 1834,
+will show to what I allude.
+
+    Late in the month of June last, an extraordinary proceeding
+    was had by the Marshpee tribe of Indians, residing on their
+    plantation in Barnstable County, under the protection and
+    guardianship of this Commonwealth. Excited, as it has since
+    appeared, by the turbulent spirit of a stranger and intruder,
+    they assembled in what they termed a town meeting, and adopted
+    resolutions declaring their independence of the government
+    of Massachusetts, abjuring the authority of the laws, and
+    proclaiming that after the first day of July then next, they
+    should assume the management of their own affairs; and, _that
+    "they would not permit any white man from that day, to come
+    upon their Plantation to cut or carry off any wood, hay, or
+    other article, without their permission, under the penalty of
+    being bound and thrown from the Plantation."_
+
+    To allay the excitement which had been created among these
+    misguided people, and to ascertain and remove, as far and as
+    speedily as possible, any just cause of complaint, the most
+    prompt measures were adopted by the Executive. A discreet
+    and confidential agent was despatched to the plantation
+    with instructions to make thorough examination into their
+    grievances, real or supposed, and to become acquainted with
+    their condition, and what their interest and comfort required.
+    He was especially charged to represent to them the parental
+    feelings and regard of the government of the Commonwealth
+    towards them; to assure the head men, that, if the Overseers
+    appointed by the State, had been unjust or unkind, they should
+    forthwith be removed, and others appointed in their stead, and
+    the wrongs sustained at their hand amply redressed, but
+    that the guardianship, originally imposed for their security
+    against the frauds and wicked devices of unprincipled white
+    men, and continued under frequent assurances, _by the Indians
+    themselves_, of its necessity, could not be suspended by the
+    authority of the Governor and Council. That this rested with
+    the Legislature, to which, after careful investigation of
+    their complaints, a proper representation would be made by
+    the Executive. He was also directed to caution them against
+    heeding the counsels of those who would excite them to
+    disquiet in their present situation, and to admonish them,
+    that disorder and resistance to any rightful authority would
+    meet with immediate and exemplary correction, through the
+    civil tribunals.
+
+    On reaching the plantation, the agent found these deluded
+    people in a state of open rebellion against the government of
+    the State, having with force, seized upon the Meeting-house,
+    rescued from the Overseers a portion of property in their
+    possession, chosen officers of their own, and threatened
+    violence to all who should attempt to interfere with them,
+    in the measures of _self-government_ which they had assumed.
+    These threatenings and outrages had already created great
+    alarm among the white inhabitants in the neighborhood, and
+    induced to apprehensions of more serious consequences. Through
+    the firmness and prudence of the agent, sustained by the
+    advice and good offices of several intelligent citizens of the
+    County, the leader in the sedition was arrested for a breach
+    of the peace, and delivered over to the civil authority.
+    An inquiry into the conduct of the Overseers subsequently
+    conducted by the agent in the presence of the head men, and
+    the conciliatory, and friendly explanations offered to the
+    tribe, of their relations to the government of the State,
+    resulted in inducing them to rescind their former violent
+    resolves, and restored quiet to the plantation.
+
+    A minute and interesting report by the gentleman to whom this
+    delicate service was assigned, embracing an historical
+    account of the tribe, and describing their present condition,
+    character and numbers, with the situation, value, and
+    improvement of their property, and the manner in which the
+    guardianship constituted by law has been exercised over them,
+    accompanies this communication. The Indians have received
+    an assurance, that the attention of the Legislature shall be
+    invited to their complaints, and the report will not fail
+    to assist in the deliberations to which the subject may give
+    occasion.
+
+Does it not appear from, this, and from his message, that the
+Ex-Governor is a man of pure republican principles? He seems to
+consider the Marshpees as strangers, and thinks they ought to be
+driven to the wilds of the far West; in humble imitation of that wise,
+learned, and humane politician, Andrew Jackson, L.L.D.
+
+I do consider that neither I nor any of my brethren enjoy any
+political rights; and I desire that I and they may be treated like
+men, and not like children. If any among us are capable of discharging
+the duties of office, I wish them to be made eligible, and I wish for
+the right of suffrage which other men exercise, though not for the
+purpose of pleasing any party by our votes. I never did so, and I
+never will. O, that all men of color thought and felt as I do on this
+subject.
+
+I believe that Governor Lincoln had no regard whatever for our rights
+and liberties; but as he did not get his ends answered, I shall
+leave him to his conscience. The following from Mr. Hallett, of the
+Advocate, fully explains his message:
+
+
+    THE MARSHPEE INDIANS.
+
+
+    The current seems to be setting very strong against extending
+    any relief to our red brethren. Governor Lincoln's ex-message
+    has served to turn back all the kind feelings that were
+    beginning to expand toward the Marshpee tribe, and force and
+    intimidation are to be substituted for kindness and mercy.
+
+    We cannot but think that Massachusetts will be dishonored by
+    pursuing the stern course recommended by Ex-Governor Lincoln,
+    who seems, by one of his letters to Mr. Fiske, to have
+    contemplated almost with pleasure, the prospect of
+    superintending in person, military movements against a handful
+    of Indians, who could not have mustered twenty muskets on the
+    plantation.
+
+    We see now how unjust we have been to the Georgians in their
+    treatment of the Cherokees, and if we persist in oppressing
+    the Marshpee Indians, let us hasten to _unresolve_ all the
+    glowing resolves we made in favor of the Georgia Indians. If
+    Governor Lincoln is right in his unkind denunciation of the
+    poor Marshpee Indians, then was not Governor Troop of Georgia
+    right, in his messages and measures against the Cherokees? If
+    the Court at Barnstable was right in imprisoning the Indians
+    for attempting to get their rights, as they understood them,
+    and made their ignorance of the law no excuse, were not the
+    Courts of Georgia justifiable in their condemnation of the
+    Cherokees, for violations of laws enforced against the will of
+    the helpless Indians?
+
+    Oh, it was glorious to be generous, and magnanimous and
+    philanthropic toward the Cherokees, and to weep over the
+    barbarities of Georgia, because that could be turned to
+    account against General Jackson; but when it comes home to our
+    own bosoms, when a little handful of red men in our own State,
+    come and ask us for permission to manage their own property,
+    under reasonable restrictions, and presume to resolve that all
+    men are free and equal, without regard to complexion; Governor
+    Lincoln denounces it as _sedition_, the Legislature are
+    exhorted to turn a deaf ear, and the Indians are left to their
+    choice between submission to tyrannical laws, or having the
+    militia called out to shoot them. How glorious this will read
+    in history!
+
+The next is from the Barnstable Patriot, of February 5, 1834, of a
+different character.
+
+    MARSHPEE INDIANS.
+
+
+    MR. EDITOR,
+
+    William Apes, Deacon Coombs, and Daniel Amos, are now in
+    Boston, where they are much caressed, by the good citizens,
+    and are styled the "_Marshpee Deputation_;" and we see in the
+    Boston papers notices that the "Marshpee Deputation will be
+    present at the Tremont Theatre, by invitation."[10] That the
+    Marshpee Deputation will address the public upon the subject
+    of their grievances, in the "_Representative Hall_," "in
+    Boylston Hall," &c. And we learn at their "_talk_," in the
+    Representative Hall, they drew a large audience, and that
+    audience was so indiscreet, (not to say indecorous or
+    riotous,) as to cheer and applaud Apes in his ribaldry,
+    misrepresentation and nonsense. Really, it looks to us, as
+    if there was much misunderstanding upon the subject of the
+    Marshpee difficulties. If there is any thing wrong we would
+    have it put right; but how does the case appear. At the time
+    of Apes' coming among them, they were quiet and peaceable, and
+    their condition, mentally, morally and pecuniarily improving.
+    At this time, and when this is the condition and situation of
+    the Indians, comes this intruder, this disturber, this
+    riotous and mischief-making Indian, from the Pequot tribe, in
+    Connecticut. He goes among the inhabitants of Marshpee, and
+    by all the arts of a talented, educated, wily, unprincipled
+    Indian, professing with all, to be an apostle of Christianity;
+    he stirs them up to sedition, riot, _treason_! Instigates them
+    to declare their independence of the laws of Massachusetts,
+    and to _arm themselves_ to defend it.
+
+    We need not follow, minutely, the transactions which rapidly
+    succeeded this state of things. We will merely remark that, in
+    that time of rebellion, prompt, efficient, but mild measures
+    were taken by the Executive, to quell the disturbances, and
+    restore good faith. An agent was sent by the Governor, to
+    inquire into the cause, and if possible, to remove it. That
+    agent found it to be his duty to arrest Apes, (that _pious_
+    interloper,) as a riotous and seditious person, and bind him
+    over for trial, at the Common Pleas Court. He was there tried;
+    and, in our opinion, never was there a fairer trial. He was
+    convicted; and, in our opinion, never was there a more just
+    conviction, or a milder sentence. After the performance of his
+    sentence, Apes is again at work stirring up new movements. And
+    having strung together a list of _imaginary_ grievances,
+    and false allegations, and affixed a great number of names,
+    without the knowledge or consent of many of the individuals,
+    he goes to the Legislature, with two of his ignorant, deluded
+    followers, pretending to be "_the Marshpee Deputation_," and
+    asks redress and relief.
+
+    We would be the last to object to their receiving redress and
+    relief; and we doubt not they will obtain, at the hands of the
+    Legislature, all they ought to have. But who is the "_Marshpee
+    Deputation_," that is showing off to such advantage in the
+    city? It is William Apes, the convicted rioter, who was the
+    whole cause of the disgraceful sedition at Marshpee the last
+    summer; who is a hypocritical _missionary_, from a tribe in
+    Connecticut; whose acquaintance with the Marshpeeans is of
+    _less than a year's_ standing. And he is endeavoring to enlist
+    public sympathy in _his_ favor, _in advance_, by lecturing
+    in the Hall of Representatives, upon that pathetic and
+    soul-stiring theme, Indian degradation and oppression;
+    vilifying and abusing the irreproachable pastor of the
+    plantation, Mr. Fish; stigmatizing and calumniating the
+    Court and Jury who tried and convicted him, and flinging his
+    sarcasms and sneers upon the Attorney and Jury who indicted
+    him. And for _all this_, he is receiving the _applause_ of
+    an audience, who _must be_ ignorant of _his_ character; and
+    blinded by the pretences of this impostor. And as far as
+    that audience is composed of Legislators, their conduct, in
+    permitting Apes to enlist their passions and feelings in his
+    favor, pending a Legislative investigation of the subject, is
+    reprehensible.
+
+    But, there is no fear that the matter will not be set right.
+    That the investigation by the intelligent agent last summer,
+    (Mr. Fiske,) and the investigation now going on by a committee
+    of the Legislature, will show the true character of Apes, and
+    point out the real wants and grievances of the Indians; and
+    that the remedy will be applied, to the satisfaction of the
+    Indians and the discomfiture of that renegade impostor and
+    hypocritical interloper and disturber, Apes, there is little
+    doubt; that _such_ may be the result, is the sincere wish of
+
+        THE TRUE FRIENDS OF THE INDIANS.
+
+The spirit in which this unrighteous piece is written, speaks for
+itself, and is its own antidote. However, it is just what we might
+expect from a liberal paper of the liberal town of Barnstable. So one
+gang of partizans call it. Deliver us from a "patriot," who would set
+his face against all good, and destroy the people themselves. These
+writers, if there be more than one of them, seem to have some idea of
+piety and religion. I therefore advise them to pluck the motes out of
+their own eyes, that they may see clearly enough to make better marks
+with their pens. The editor and his correspondents, (if he did not
+write the article himself,) have rendered themselves liable to a suit
+for defamation; but I think it best to let them go. I will not touch
+pitch. The discomfited, hypocritical impostor, renegade and interloper
+will forgive, and pray for them. He will not render evil for evil,
+though sorely provoked.
+
+Nevertheless, I feel bound to say to these excellent friends of the
+Marshpees, who wished them to remain crushed under the burthen of hard
+laws forever and ever, that they will go down to their graves in the
+disappointment, which, perhaps, will cause them to weep away their
+lives. I should be sorry to hear of that, and exhort them to dry their
+tears, or suffer a poor Indian to wipe them away.
+
+Notwithstanding all that was said and done by the opposition, the
+Marshpee Deputation left the field of battle with a song of triumph
+and rejoicing in their mouths, as will presently be seen. I shall
+give a brief sketch of the proceedings of one of the most enlightened
+committees that ever was drafted from a legislative body. Every thing
+was done to sour their minds against the Indians that could be done,
+but they were of the excellent of the earth, just and impartial.
+
+The Committee was composed of Messrs. Barton and Strong, of the
+Senate, and Messrs. Dwight of Stockbridge, Fuller of Springfield, and
+Lewis of Pepperell, of the House. Benjamin F. Hallett, Esq. appeared
+as Counsel for the Indians.
+
+Lemuel Ewer, Esq. of South Sandwich, was a witness, and the only white
+one who was in favor of the Indians. The Indian witnesses were Deacon
+Coombs, Daniel B. Amos, Ebenezer Attaquin, Joseph B. Amos, and William
+Apes.
+
+On the other side appeared Kilburn Whitman, Esq. of Pembroke, as
+Counsel for the Overseers; Messrs. J.J. Fiske of Wrentham, and Elijah
+Swift of Falmouth, both of the Governor's Council; the Rev. Phineas
+Fish, the Marshpee missionary, sent by Harvard College; Judge Marston,
+Nathaniel Hinckley and Charles Marston, all of Barnstable; Gideon
+Hawley of South Sandwich, Judge Whitman of Boston, and two Indians,
+Nathan Pocknet and William Amos, by name. It was a notable piece of
+policy on the part of the Overseers, to make a few friends among the
+Indians, in order to use them for their own purposes. Thus do pigeon
+trappers use to set up a decoy. When the bird flutters, the flock
+settle round him, the net is sprung, and they are in fast hands. Judge
+Whitman, however, could not make his two decoy birds flutter to his
+satisfaction, and so he got no chance to spring his net. He had just
+told the Indians that they might as well think to move the rock of
+Gibraltar from its base, as to heave the heavy load of guardianship
+from their shoulders; and, when he first came before the committee, he
+said he did not care a snap of his finger about the matter, one way or
+the other. But he altered his mind before he got through the business,
+and began to say that he should be ruined if the bill passed for the
+relief of the Indians, and was, moreover, sure that Apes would reign,
+king of Marshpee. The old gentleman, indeed, made several perilous
+thrusts at me in his plea; but, when he came to cross-examination,
+he was so pleased with the correctness of my testimony, that he had
+nothing more to say to me. I shall now leave him, to attend to his
+friend Judge Marston.
+
+This gentleman swore in court that he thought Indians an inferior race
+of men; and, of course, were incapable of managing their own affairs.
+
+The testimony of the two decoy pigeons was, that they had liberty
+enough; more than they knew what to do with. They showed plainly
+enough that they knew nothing of the law they lived under. The
+testimony of the Rev. Mr. Fish was more directly against us. Some may
+think I do wrong to mention this gentleman's name so often. But why,
+when a man comes forward on a public occasion, should his name be kept
+out of sight, though he be a clergyman. I should think he would like
+to make his flock respected and respectable in his speech, which he
+well knew they never could be under the then existing laws. Is it
+more than a fair inference that it was self-interest that made him
+do otherwise, that he might be able to continue in possession of his
+strong hold? If he had said to the Indians, like an honest man, "I
+know I have no right to what is yours, and will willingly relinquish
+what I hold of it," I do not doubt that the Indians would have given
+him a house, and a life estate in a farm; and perhaps have conveyed it
+to him in fee simple, if he had behaved well. Such a course would have
+won him the love and esteem of the Indians, and his blind obstinacy
+was certainly the surest means he could have taken to gain their ill
+will. He may think slightly of their good opinion, and I think, from
+his whole course of conduct, that we are as dogs in his sight. I
+presume he could not die in peace if he thought he was to be buried
+beside our graves.
+
+It is the general fault of those who go on missions, that they cannot
+sacrifice the pride of their hearts, in order to do good. It seems to
+have been usually the object to seat the Indians between two stools,
+in order that they might fall to the ground, by breaking up their
+government and forms of society, without giving them any others in
+their place. It does not appear to be the aim of the missionaries to
+improve the Indians by making citizens of them. Hence, in most cases,
+anarchy and confusion are the results. Nothing has more effectually
+contributed to the decay of several tribes than the course pursued by
+their missionaries. Let us look back to the first of them for proofs.
+From the days of Elliott, to the year 1834, have they made one
+citizen? The latter date marks the first instance of such an
+experiment. Is it not strange that free men should thus have been
+held in bondage more than two hundred years, and that setting them at
+liberty at this late day, should be called _an experiment_ now?
+
+I would not be understood to say, however, that the Rev. Mr. Fish's
+mission is any criterion to judge others by. No doubt, many of them
+have done much good; but I greatly doubt that any missionary has ever
+thought of making the Indian or African his equal. As soon as we begin
+to talk about equal rights, the cry of amalgamation is set up, as
+if men of color could not enjoy their natural rights without any
+necessity for intermarriage between the sons and daughters of the two
+races. Strange, strange indeed! Does it follow that the Indian or
+the African must go to the judge on his bench, or to the Governor,
+Senator, or indeed any other man, to ask for a help-meet, because his
+name may be found on the voter's list, or in the jury boxes? I promise
+all concerned, that we Marshpees have less inclination to seek their
+daughters than they have to seek ours. Should the worst come to the
+worst, does the proud white think that a dark skin is less honorable
+in the sight of God than his own beautiful hide? All are alike, the
+sheep of his pasture and the workmanship of his hands. To say they are
+not alike to him, is an insult to his justice. Who shall dare to call
+that in question?
+
+Were I permitted to express an opinion, it would be that it is more
+honorable in the two races, to intermarry than to act as too many of
+them do. My advice to the white man is, to let the colored race alone.
+It will considerably diminish the annual amount of sin committed.
+Or else let them even _marry_ our daughters, and no more ado about
+amalgamation. We desire none of their connection in that way. All we
+ask of them is peace and our rights. We can find wives enough without
+asking any favors of them. We have some wild flowers among us as fair,
+as blooming, and quite as pure as any they can show. But enough has
+been said on this subject, which I should not have mentioned at all,
+but that it has been rung in my ears by almost every white lecturer I
+ever had the misfortune to meet.
+
+I will now entreat the reader's attention to the very able plea of Mr.
+Hallett, upon our petition and remonstrances. The following are his
+remarks after the law which gave us our liberty was passed by his
+exertions in our cause:
+
+    I will now briefly consider the "documents, relating to the
+    Marshpee Indians," which have been presented and printed, this
+    session, by the two Houses.
+
+    The first is a Memorial, signed by seventy-nine males and
+    ninety-two females, of the Plantation. Of the seventy-nine
+    males, sixty-two are Proprietors, and forty-four write their
+    own names. They are all united in wishing to have a change of
+    the laws, and a removal of the Overseership, but desire that
+    their land may not be sold without the mutual consent of the
+    Indians and the General Court.
+
+    This memorial represents, 1. That no particular pains has been
+    taken to instruct them. 2. That they are insignificant because
+    they have had no opportunities. 3. That no enlightened or
+    respectable Indian, wants Overseers. 4. That their rulers and
+    the minister have been put over them, without their consent.
+    5. That the minister, (Mr. Fish,) has not a male member in his
+    church of the Proprietors, and they believe twenty years
+    would have been long enough for him to have secured their
+    confidence. 6. That the laws which govern them and take away
+    their property, are unconstitutional. 7. That the whites have
+    had three times more benefit of the Meeting-house and the
+    minister, than they have had. 8. That the business meetings
+    for the tribe, have been held off the plantation, at an
+    expense to them. 9. That their Fishery has been neglected and
+    the whites derived the most benefit from it. [The Overseers
+    admit that the Herring Fishery has not been regulated for
+    fifty years, although in 1763, it appears it was deemed a
+    highly important interest, and in 1818, the Commissioners
+    reported that it ought to be regulated for the benefit of the
+    Indians to the exclusion of the whites.] 10. That the laws
+    discourage their people, who leave the plantation on that
+    account. 11. That men out of the tribe are paid for doing what
+    those in it are capable of doing for the plantation. 12. That
+    the whites derive more benefit than themselves, from their
+    hay, wood and timber. 13. That the influence of the whites has
+    been against them, in their petitions for the past years.
+    14. That they believe they have been wronged out of their
+    property. 15. That they want the Overseers discharged, that
+    they may have a chance to take care of themselves. 16. That
+    very many of their people are sober and industrious, and
+    able and willing to do, if they had the privilege. All these
+    statements will be found abundantly proved.
+
+    This memorial comes directly from the Indians. It was drawn up
+    among them without the aid of a single white man. They applied
+    to me to prepare it for them. They happened to select me, as
+    their counsel, simply because I was born and brought up within
+    a few miles from their plantation, and had known their people
+    from my infancy. I told them to present their grievances
+    in their own way, and they have done so. Not a line of the
+    memorial was written for them.
+
+    On the other side, opposite to their memorial for
+    self-government, is the remonstrance of _Nathan Pocknet_
+    and forty-nine others, the same Nathan Pocknet, who in
+    1818 petitioned for the removal of the Overseership. This
+    remonstrance was not prepared by the Indians. It came wholly
+    from the Rev. Mr. Fish, and the Overseers. It speaks of the
+    "unprecedented impudence" of the Indians, and mentions a
+    "_Traverse Jury_." No one who signed it, had any voice in
+    preparing it. It shows ignorance of the memorial of the tribe,
+    by supposing they ask for liberty to sell their lands; and
+    ignorance of the law, by saying that the Overseers have not
+    power to remove nuisances from the plantation.
+
+    This remonstrance is signed by fifty persons, sixteen males
+    and thirty-four females; seventeen can write. Of the signers,
+    _ten_ belong to Nathan Pocknet's family. Ten of the males
+    are Proprietors, of whom two are minors, and one a person non
+    compos. Of the non-proprietors, one is a convict, recently
+    released from State prison, who has no right on the
+    Plantation. Two of the Proprietors, who signed this
+    remonstrance, (John Speen and Isaac Wickham,) have since
+    certified that they understood it to be the petition for Mr.
+    Fish, to retain his salary, but that they are entirely opposed
+    to having Overseers and to the present laws.
+
+    Thus it is shown that out of the whole Plantation of 229
+    Proprietors, but _five_ men could be induced, by all the
+    influence of the Minister and the Overseer, to sign in favor
+    of having the present laws continued, and but _eleven_ men out
+    of the whole population of 312. The signers to the memorial
+    for a change of the laws are a majority of all the men, women
+    and children belonging to the Plantation, at home and abroad.
+
+    Another document against the Indians who ask for their
+    liberty, is the memorial of the Rev. Phineas Fish, the
+    missionary. Of the unassuming piety, the excellent character,
+    and the sound learning of that reverend gentleman, I cannot
+    speak in too warm terms. I respect him as a man, and honor him
+    as a devoted minister of the gospel. But he is not adapted
+    to the cultivation of the field in which his labors have been
+    cast. Until I read this memorial, I should not have believed
+    that a severe expression could have escaped him. I regret the
+    spirit of that memorial, and in its comparison with that of
+    the Indians, I must say it loses in style, in dignity and in
+    Christian temper.
+
+    In this memorial, Mr. Fish urges upon the Legislature the
+    continuance of the laws of guardianship as they now are, and
+    especially the continuance of the benefits he derives from the
+    property of the plantation. What are the reasons he gives for
+    this. Do they not look exclusively to his own benefit, without
+    regard to the wishes of the Indians?
+
+    He states, as the result of his ministry, twenty members of
+    the tribe added to his church in _twenty-two_ years. This
+    single fact proves that his ministry has failed of producing
+    any effect at all proportioned to the cost it has been to the
+    Indians. Not from want of zeal or ability, perhaps, but from
+    want of adaptation. If not, why have other preachers been so
+    much more successful than the missionary. There never has been
+    a time that this church was not controlled by the whites.
+    Mr. Fish now has but five colored members of his church, and
+    sixteen whites. Of the five colored persons, but one is a
+    male, and he has recently signed a paper saying he has been
+    deceived by Mr. Fish's petition, which he signed, and that he
+    does not now wish his stay any longer among them.
+
+    On the other hand, "blind Jo," as he is called, a native
+    Indian, blind from his birth, now 28 years of age, has
+    educated himself by his ear and his memory, has been regularly
+    ordained as a Baptist minister, in full fellowship with that
+    denomination, and has had a little church organized since
+    1830. The Baptist denomination has existed on the plantation,
+    for forty years, but has received no encouragement. Blind
+    Jo has never been taken by the hand by the missionary or the
+    Overseers. The Indians were even refused the use of _their_
+    Meeting-house, for the ordination of their blind minister, and
+    he was ordained in a private dwelling. Though not possessing
+    the eloquence of the blind preacher, so touchingly described
+    in the glowing and chaste letters of Wirt's British Spy,
+    yet there is much to admire in the simple piety and sound
+    doctrines of "Blind Jo;" and he will find a way to the hearts
+    of his hearers, which the learned divine cannot explore.
+
+    There is another denomination on the plantation, organized
+    as "The Free and United Church," of which William Apes is the
+    pastor. This denomination Mr. Fish charges with an attempt
+    to _usurp_ the parsonage, wood-land and the Meeting-house; he
+    denounces, as a "_flagrant act_," the attempt of the Indians
+    to obtain the use of _their own Meeting-house_, and appeals
+    to the sympathies of the whole civilized community to maintain
+    _by law_ the Congregational worship, which, he says, "is the
+    most ancient form of religious worship there!" "Why should
+    Congregational worship be excluded to make room for others?"
+    asks the Rev. Mr. Fish. "Where will be the end of vicissitude
+    on the adoption of such a principle, and how is it possible,
+    amid the action of rival _factions_, for pure religion to be
+    promoted." [Pages 7, 8, 9, of Mr. Fish's memorial. Senate, No.
+    17.] Is this language for a Christian minister to address
+    to the Legislature of Massachusetts? To petition for an
+    established Church in Marshpee? Can he ever have read the
+    third Article of the Bill of Rights, as amended?
+
+    What has been the result of those "rival factions," in
+    Marshpee? Blind Jo and William Apes, have _forty-seven_ Indian
+    members of their churches, (fourteen males,) in good standing,
+    collected together in three years. The missionary has baptized
+    but twenty in twenty-two years. The Indian preachers have also
+    established a total abstinence Temperance Society, without any
+    aid from the missionary, and there are already sixty members
+    of it, who, from all the evidence in the case, there is no
+    reason to doubt, live up to their profession.
+
+    I do not say this to detract from the good the missionary has
+    done; I doubt not he has done much good, and earnestly desired
+    to do more; but when he denounces to the Legislature other
+    religious denominations, as _usurpers_ and "_rival factions_,"
+    it is but reasonable that a comparison should be drawn between
+    the fruit of his labors and that of those he so severely
+    condemns.
+
+    I confess, I am struck with surprise, at the following
+    remarks, in the memorial of the Rev. Mr. Fish. Speaking of the
+    complaint of the Indians respecting their Meeting-house, that
+    it is not fit for respectable people to meet in, being
+    worn out; he says, "As it was built by a _white_ Missionary
+    Society, and repaired at the expense of the _white_
+    Legislature of the State, perhaps the _whites_ may think
+    themselves entitled to some wear of it, and being no way fit
+    for '_respectable_ people,' the church and congregation
+    hope they may the more readily be left unmolested in their
+    accustomed use of it." [Page 4.] Again he says of the
+    complaints of the Indians, that they were forbidden to have
+    preaching in their School-houses. "The School-houses, built
+    by the munificence of the State, began to be occupied for
+    _Meeting-houses_, soon after their erection, and have been
+    more or less occupied _in this fashion_! ever since; and your
+    memorialist desires to affirm that _in this perversion_ of
+    your _liberal purpose_, he had no share whatever!"
+
+    Is this possible? Can it be a _perversion_ of buildings
+    erected for the mental and moral improvement of the Indians,
+    that religious meetings should be held there, by ministers
+    whom the Indians prefer to the Missionary?
+
+    The inequality in the appropriations for religious
+    instruction, is remarked upon by the Commissioner, Hon.
+    Mr. Fiske, who says in his report that if the present
+    appropriations are to be restricted to a Congregationalist
+    minister, some further provision, in accordance with religious
+    freedom, ought to be made for the Baptist part of the colored
+    people. [Page 29. No. 14.]
+
+    I regret too, the unkind allusion in the Rev. Mr. Fish's
+    memorial to Deacon Coombs, the oldest of the Marshpee
+    delegation, formerly his deacon, and the last proprietor to
+    leave him. He says the deacon "once walked worthy of his holy
+    calling." Does he mean to insinuate he does not walk worthily
+    now? I wish you, gentlemen, to examine Deacon Coombs, who is
+    present, to inquire into his manner of life, and see if you
+    can find a Christian with a white skin, whose heart is purer,
+    and whose walk is more upright, than this same Deacon Coombs.
+    In point of character and intelligence, he would compare
+    advantageously with a majority of the Selectmen in the
+    Commonwealth.
+
+    With the religious concerns of Marshpee, I have no wish to
+    interfere. I only seek to repel intimations that may operate
+    against their prayer for the liberties secured by the
+    Constitution. Neither do I stand here to defend Mr. Apes, who
+    is charged with being the leader of the "sedition." I only
+    ask you to look at the historical evidence of the existence of
+    discontent with the laws, ever since 1693, and ask if Mr.
+    Apes has been the author of this discontent. Let me remind
+    you also, of the fable of the Huntsman and the Lion, when
+    the former boasted of the superiority of man, and to prove it
+    pointed to a statue of one of the old heroes, standing upon a
+    prostrate lion. The reply of the noble beast was, "there
+    are no _carvers_ among the lions; if there were, for one man
+    standing upon a lion, you would have twenty men torn to pieces
+    by lions." Gentlemen, by depressing the Indians, our laws have
+    taken care that they should have no _carvers_. The whites have
+    done all the _carving_ for them, and have always placed them
+    _undermost_. Can we blame them, then, that when they found
+    an educated Indian, with Indian sympathies and feelings, they
+    employed him, to present their complaints, and to enable them
+    to seek redress? Look at this circumstance, fairly, and I
+    think you will find in it the origin of all the prejudice
+    against William Apes, which may be traced to those of the
+    whites who are opposed to any change in the present government
+    of Marshpee. If aught can be shown against him, I hope it
+    will be produced here in proof, that the Indians may not be
+    deceived. If no other proof is produced, except his zeal in
+    securing freedom for the Indians, are you not to conclude that
+    it cannot be done. But his individual character has nothing to
+    do with the merits of the question, though I here pronounce it
+    unimpeached.
+
+    I will allude to but one other suggestion in the memorial
+    of the Rev. Mr. Fish, [page 10.] To show the necessity of
+    continuing the present laws, he says, "already do we witness
+    the force of example in the visible increase of crime. But a
+    few weeks since, a peaceable family was fired in upon, during
+    their midnight repose; while I have been writing, another has
+    been committed to prison for a high misdemeanor."
+
+    Now what are the facts, upon which this grave allegation
+    against the whole tribe is founded. True, a ball was fired
+    into a house on the plantation, but without any possible
+    connection with the assertion of their rights by the Indians,
+    and to this day it is not known whether it was a white man or
+    an Indian who did it. The "high misdemeanor," was a quarrel
+    between Jerry Squib, an Indian, and John Jones, a white
+    man. Squib accused Jones of cheating him in a bargain, when
+    intoxicated, and beat him for it. The law took up the Indian
+    for the assault, and let the white man go for the fraud.
+
+    Respecting then, as we all do, the personal character of the
+    missionary, can you answer his prayer, to continue the present
+    government, in order to protect him in the reception of
+    his present income from the lands of the Indians? Are the
+    interests of a whole people to be sacrificed to one man?
+
+    What says the Bill of rights? "Government is instituted for
+    the common good, for the protection, safety, prosperity, and
+    happiness of the _people_, and not for the _profit_, honor or
+    _private interest_ of any _one_ man, family, or class of men."
+
+    I have now only to consider the report of the Commissioner,
+    Mr. Fiske, who visited Marshpee in July last. The
+    impartiality, candor and good sense of that report, are highly
+    honorable to that gentleman. Deriving his first impressions
+    from the Overseers and the whites, and instructed as he was
+    with strong prepossessions against the Indians, as rebels
+    to the State, the manner in which he discharged that duty,
+    deserves a high encomium. He has my thanks for it, as a friend
+    of the Indians. As far as the knowledge of the facts
+    enabled the Commissioner to go, in the time allowed him, the
+    conclusions of that report, substantiate all the positions
+    taken in defence of the rights of the Indians. The
+    Commissioner was instructed by the then Governor Lincoln, to
+    inform the Indians that the government had no other object
+    than their best good; "let them be convinced that their
+    grievances will be inquired into, and a _generous_ and
+    _paternal_ regard be had to their condition." They were so
+    convinced, and they come here now, for a redemption of this
+    pledge.
+
+    But his Excellency seems to have been strangely impressed
+    with the idea of suppressing some rebellion, or another Shay's
+    insurrection. Mr. Hawley, one of the Overseers, had visited
+    the Governor, at Worcester, and because a few Indians had
+    quietly unloaded a wood-cart, the calling out of the militia
+    seems to have been seriously contemplated by the following
+    order, issued to the Commissioner, by the Governor, dated July
+    5. "Should there be reason to fear the insufficiency of the
+    _posse comitatus_, I WILL BE PRESENT PERSONALLY, TO DIRECT ANY
+    MILITARY REQUISITIONS."
+
+    Think of that, gentlemen of the Committee! Figure to
+    yourselves his Excellency, at the head of the Boston and
+    Worcester Brigades, ten thousand strong, marching to Marshpee,
+    to suppress an insurrection, when scarce twenty old muskets
+    could have been mustered on the whole plantation?
+
+    With the utmost respect for his Excellency, I could not
+    refrain on reading this "order of the day," from exclaiming,
+    as Lord Thurlow did, when a breathless messenger informed him
+    that a rebellion had broken out in the Isle of Man--"pshaw--a
+    tempest in a tea pot."
+
+    Let us not, however, because the Indians are weak and
+    in-offensive, be less regardful of their rights.
+
+    You will gather from the Report of Mr. Fiske, conclusive
+    evidence of the long continued and deep rooted dissatisfaction
+    of the Indians with the laws of guardianship, that they never
+    abandoned the ground that all men were born free and
+    equal, and they ought to have the right to rule and govern
+    themselves; that by a proper exercise of self-government, and
+    the management of their own pecuniary affairs, they had it
+    in their power to elevate themselves much above their present
+    state of degradation, and that by a presentation of new
+    motives for moral and mental improvement, they might be
+    enabled, in a little time, to assume a much higher rank on
+    the scale of human existence. And that the Legislature would
+    consider their case, was the humble and earnest request of the
+    natives.
+
+    Is not the conclusion then, from all the facts in the case,
+    that the system of laws persisted in since 1763, have failed
+    as acts of paternal care? That the true policy now is to try
+    acts of kindness and encouragement, and that the question of
+    rightful control over the property or persons of the Indians
+    beyond the general operation of the laws, being clearly
+    against the whites; but one consideration remains on which the
+    Legislature can hesitate: the danger, that they will squander
+    their property. Of the improbability of such a result, Mr.
+    Fiske informs you in his report, [page 26.] He found nearly
+    all the families comfortably and decently clad, nearly
+    all occupying framed houses, and a few dwelling in huts or
+    wigwams. More than thirty of them were in possession of a cow
+    or swine, and many of them tilled a few acres of land, around
+    their dwellings. Several pairs of oxen, and some horses are
+    owned on the plantation, and the Commons are covered with an
+    excellent growth of wood, of ready access to market. Confine
+    the cutting of this wood to the natives, as they desire, and
+    they never can waste this valuable inheritance.
+
+    Mr. Fiske also says in his report, [page 30,] "that it is
+    hardly possible to find a place more favorable for gaining a
+    subsistence without labor, than Marshpee." The advantages of
+    its location, the resources from the woods and streams, on one
+    side, and the bays and the sea on the other, are accurately
+    described, as being abundant, with the exception of the
+    _lobsters_, which Mr. Fiske says are found there. The
+    Commissioner is incorrect in that particular, unless he adopts
+    the learned theory of Sir Joseph Banks, that _fleas_ are a
+    species of lobster!
+
+    Is there, then, any danger in giving the Indians an
+    opportunity to try a liberal experiment for self-government?
+    They ask you for a grant of the liberties of the constitution;
+    to be incorporated and to have a government useful to them as
+    a people.
+
+    They ask for the appointment of magistrates among them, and
+    they ask too for an _Attorney_ to advise with; but my
+    advice to them is, to have as little as possible to do with
+    Attornies. A revision of their laws affecting property by the
+    Governor and Council, would be a much better security for them
+    than an Attorney, and this they all agree to. Is there any
+    thing unreasonable in their requests? Can you censure other
+    States for severity to the Indians within their limits, if you
+    do not exercise an enlightened liberality toward the Indians
+    of Massachusetts? Give them then substantially, the advantages
+    which they ask in the basis of an act which I now submit to
+    the Committee with their approval of its provisions. Can you,
+    gentlemen, can the Legislature, resist the simple appeal of
+    their memorial? "Give us a chance for our lives, in acting for
+    ourselves. O! white man! white man! the blood of our fathers,
+    spilt in the revolutionary war, cries from the ground of our
+    native soil, to break the chains of oppression and let our
+    children go free."
+
+The correctness of Mr. Hallett's opinions are demonstrated in the
+following article.
+
+Other editors speak ill enough of Gen. Jackson's treatment of the
+Southern Indians. Why do they not also speak ill of all the head men
+and great chiefs who have evil entreated the people of Marshpee. I
+think Governor Lincoln manifested as bitter and tyrannical a spirit as
+Old Hickory ever could, for the life of him. Often and often have our
+tribe been promised the liberty their fathers fought, and bled, and
+died for; and even now we have but a small share of it. It is some
+comfort, however, that the people of Massachusetts are becoming
+gradually more Christianized.
+
+    [From the Daily Advocate.] THE MARSHPEE INDIANS.
+
+
+    The Daily Advertiser remarks that the Indian tribes have been
+    sacrificed by the policy of Gen. Jackson. This is very true,
+    and we join with the Advertiser in reprehending the course
+    pursued by the President toward the Cherokees. If Georgia,
+    under her _union_ nullifier, Governor Lumpkin, is permitted to
+    set the process of the Supreme Court at defiance, it will be a
+    foul dishonor upon the country.
+
+    But while we condemn the conduct of General Jackson toward the
+    Southern Indians, what shall we say of the treatment of our
+    own poor defenceless Indians, the Marshpee tribe, in our own
+    State? The Legislature of last year, with a becoming sense of
+    justice, restored to the Marshpee Indians a _portion_ of their
+    rights, which had been wrested from them, most wrongfully, for
+    a period of _seventy-four_ years. The State of Massachusetts,
+    in the exercise of a most unjust and arbitrary power, had,
+    until that time, deprived the Indians of all civil rights, and
+    placed their property at the mercy of designing men, who had
+    used it for their own benefit, and despoiled the native owners
+    of the soil to which they hold a better title than the whites
+    hold to any land in the Commonwealth. These Indians fought
+    and bled side by side, with our fathers, in the struggle for
+    liberty; but the whites were no sooner free themselves, than
+    they enslaved the poor Indians.
+
+    One single fact will show the devotion of the Marshpee Indians
+    to the cause of liberty, in return for which they and their
+    descendants were placed under a despotic guardianship, and
+    their property wrested from them to enrich the whites. In
+    the Secretary's Office, of this State, will be found a muster
+    roll, containing a "Return of men enlisted in the first
+    Regiment of Continental troops, in the County of Barnstable,
+    for three years and during the war, in Col. Bradford's
+    Regiment," commencing in 1777. Among these volunteers for that
+    terrible service, are the following names of Marshpee Indians,
+    proprietors of Marshpee, viz.
+
+    Francis Webquish, Samuel Moses, Demps Squibs, Mark Negro,
+    Tom Cæsar, Joseph Ashur, James Keeter, Joseph Keeter, Jacob
+    Keeter, Daniel Pocknit, Job Rimmon, George Shawn, Castel
+    Barnet, Joshua Pognit, James Rimmon, David Hatch, James
+    Nocake, Abel Hoswitt, Elisha Keeter, John Pearce, John Mapix,
+    Amos Babcock, Hosea Pognit, Daniel Pocknit, Church Ashur,
+    Gideon Tumpum.
+
+    In all twenty-six men. The whole regiment, drawn from the
+    whole County of Barnstable, mustered but 149 men, nearly
+    _one-fifth_ of whom were volunteers from the little Indian
+    Plantation of Marshpee, which then did not contain over one
+    hundred male heads of families! No white town in the
+    County furnished any thing like this proportion of the 149
+    volunteers. The Indian soldiers fought through the war; and as
+    far as we have been able to ascertain the fact, from documents
+    or tradition, all but one, fell martyrs to liberty, in the
+    struggle for Independence. There is but one Indian now living,
+    who receives the reward of his services as a revolutionary
+    soldier, old Isaac Wickham, and he was not in Bradford's
+    regiment. Parson Holly, in a memorial to the Legislature in
+    1783, states that most of the women in Marshpee, had lost
+    their husbands in the war. At that time there were _seventy_
+    widows on the Plantation.
+
+    But from that day, until the year 1834, the Marshpee Indians
+    were enslaved by the laws of Massachusetts, and deprived of
+    every civil right which belongs to man. White Overseers had
+    power to tear their children from them and bind them out where
+    they pleased. They could also sell the services of any adult
+    Indian on the Plantation they chose to call idle, for three
+    years at a time, and send him where they pleased, renewing the
+    lease every three years, and thus, make him a slave for life.
+
+    It was with the greatest effort this monstrous injustice was
+    in some degree remedied last winter, by getting the facts
+    before the Legislature, in spite of a most determined
+    opposition from those who had fattened for years on the spoils
+    of poor Marshpee. In all but one thing, a reasonable law was
+    made for the Indians. That one thing was giving the Governor
+    power to appoint a Commissioner over the Indians for three
+    years. This was protested against by the friends of the
+    Indians, but in vain; and they were assured that this
+    appointment would be safe in the hands of the Governor. They
+    hoped so, and assented; but no sooner was the law passed, than
+    the enemies of the Indians induced the Governor to appoint
+    as the Commissioner, the person whom of all others they least
+    wished to have, a former Overseer, against whom there were
+    strong prejudices. The Indians remonstrated, and besought, but
+    in vain. The Commissioner was appointed, and to all appeals to
+    make a different appointment, a deaf ear has been turned. It
+    seems as if a deliberate design had been formed somewhere, to
+    defeat all the Legislature has done for the benefit of this
+    oppressed people.
+
+    The consequences have been precisely what the Indians and
+    their friends feared. Party divisions have grown up among
+    them, arising out of the want of confidence in their
+    Commissioner. He is found always on the side of their greatest
+    trouble; the minister who unjustly holds almost 500 acres of
+    the best land in the plantation, wrongfully given to him by an
+    unlawful and arbitrary act of the State, which, in violation
+    of the Constitution, appropriates the property of the Indians
+    to pay a man they dislike, for preaching a doctrine they will
+    not listen to, to a _white_ congregation, while the native
+    preachers, whom the Indians prefer, are left without a cent,
+    and deprived of the Meeting-house, built by English liberality
+    for the use of the Indians. The dissatisfaction has gone on
+    increasing. The accounts with the former Overseers remain
+    unadjusted to the satisfaction of the Selectmen. The Indians
+    have no adviser near them in whom they can confide; those who
+    hold the power, appear regardless of their wishes or their
+    welfare; no pains is taken by the authorities to punish the
+    wretches who continue to sell rum to those who will buy it;
+    and though the Indians are still struggling to advance in
+    improvement, every obstacle is thrown in their way that men
+    can devise, whose intent it is to get them back to a state of
+    vassalage, that they may get hold of their property. All this,
+    we are satisfied, from personal inspection, is owing to the
+    injudicious appointment made by Gov. Davis, of a commissioner,
+    and yet the Governor unfortunately seems indisposed to listen
+    to any application for a remedy to the existing evils.
+
+    The presses around us, who are so eloquent in denouncing the
+    President for his conduct towards the Southern Indians, say
+    not a word in behalf of our own Indians, whose fathers poured
+    out their blood for out independence. Is this right, and ought
+    the Indians to be sacrificed to the advantage a single man
+    derives from holding an office of very trifling profit? Let
+    us look at home, before we complain of the treatment of the
+    Indians at the South.
+
+The following; extract refers to the act passed to incorporate the
+Marshpee District, after so much trouble and expense to the Indians.
+I should suppose the people of Massachusetts would have been glad to
+have done us this justice, without making so much difficulty, if they
+had been aware of the true state of facts.
+
+    THE MARSHPEE ACT
+
+
+    Restoring the rights of self-government, in part, to the
+    Marshpee Indians, of which our legislation has deprived
+    them for one hundred and forty years, passed the Senate of
+    Massachusetts yesterday, to the honor of that body, without a
+    single dissenting vote. Too much praise cannot be given to Mr.
+    Senator Barton, for the persevering and high-minded manner
+    in which he has prepared and sustained this act. With two or
+    three exceptions, but which, perhaps, may not be indispensable
+    to the success of the measure, it is all the Indians or their
+    friends should desire, under existing circumstances. The
+    clause reserving the right of repeal, is probably the most
+    unfortunate provision in the act, as it may tend to
+    disquiet the Indians, and to give the Commissioner a sort of
+    threatening control, that will add too much to his power, and
+    may endanger all the benefits of the seventh section. This
+    provision was not introduced by the Committee, but was opposed
+    by Messrs. Barton and Strong, as wholly unnecessary.
+
+        [_Daily Advocate_.
+
+       *       *       *       *       *
+
+    SMALL MATTER.
+
+
+    In the resolve allowing fees to the Marshpee Indians, who have
+    attended as witnesses this session, the high-minded Senator
+    Hedge of Plymouth, succeeded in excluding the name of William
+    Apes, as it passed the Senate; but the House, on motion of
+    Col. Thayer, inserted the name of Mr. Apes, allowing him his
+    fees, the same as the others. Mr. Hedge made a great effort
+    to induce the Senate to non-concur, but even his lucid and
+    _liberal_ eloquence failed of its _noble_ intent, and the
+    Senate concurred by a vote of 13 to 6. Mr. Hedge must be
+    sadly disappointed that he could not have saved the State
+    twenty-three dollars, by his manly efforts to injure the
+    character of a poor Indian. Mr. Hedge, we dare say, is a
+    descendant from the pilgrims, whom the Indians protected at
+    Plymouth Rock! He knows how to be _grateful_!
+
+        [_Daily Advocate_.
+
+It appears that I, William Apes, have been much persecuted and abused,
+merely for desiring the welfare of myself and brethren, and because I
+would not suffer myself to be trodden under foot by people no better
+than myself, as I can see. In connection with this, I say I was never
+arraigned before any Court, to the injury of my reputation, save once,
+at Marshpee, for a pretended riot. An attempt to blast a man merely
+for insisting on his rights, and no more, is a blot on the character
+of him who undertakes it, and not upon the person attempted to be
+injured; let him be great or small in the world's eyes. I can safely
+say that no charge that has ever been brought against me, written
+or verbal, has ever been made good by evidence in any civil or
+ecclesiastical court. Many things have been said to my disparagement
+in the public prints. Much was said to the General Court, as that I
+was a gambler in lotteries, and had begged money from the Indians to
+buy tickets with. This calumny took its rise from certain articles
+printed in the Boston Gazette, written, as I have good reason to
+believe, by one Reynolds, a proper authority. He has been an inmate of
+the State prison, in Windsor, Vermont, once for a term of two
+years, and again for fourteen, as in part appears by the following
+certificate of a responsible person.
+
+    CONCORD, N.H. JUNE 27, 1832.
+
+
+    _To all whom it may concern_.
+
+    This may certify, that _John Reynolds_, once an inmate
+    of Vermont State Prison, and since a professed Episcopal
+    Methodist, and also a licensed local preacher in Windsor,
+    Conn. came to this place about June, 1830, recommended by
+    Brother J. Robbins, as a man worthy of our patronage; and of
+    course I employed him to supply for me in Ware and Hopkinton,
+    (both in N.H.) in which places he was for a short time,
+    apparently useful. But the time shortly arrived when it
+    appeared that he was pursuing a course that rendered him
+    worthy of censure. I therefore commenced measures to put him
+    down from preaching; but before I could get fully prepared for
+    him, he was gone out of my reach. I would however observe, he
+    wrote me a line from Portsmouth, enclosing his license, also
+    stating his withdrawal from us; and thus evaded trial. We
+    have, therefore, never considered him worthy of a place in any
+    Christian church since he left Hopkinton, in May, 1831. And
+    I feel authorized to state, that he does not deserve the
+    confidence of any respectable body of people.
+
+        E.W. STICKNEY, Circuit Preacher,
+        In the Methodist Episcopal Church.
+
+His wrath was enkindled and waxed hot against me, because I thought
+him scarce honorable enough for a high priest, and could not enter
+into fellowship with him. I opposed his ordination as an elder of
+our church, because I thought it dishonor to sit by his side; and he
+therefore tried to make me look as black as himself, by publishing
+things he was enabled to concoct by the aid of certain of my enemies
+in New York. They wrote one or two letters derogatory to my character,
+the substance of which Reynolds took the liberty to publish. For this
+I complained of him to the Grand Jury in Boston, and he was indicted.
+The following is the indictment:
+
+    The Jurors for the Commonwealth of Massachusetts, on their
+    oath present, that John Reynolds of Boston, Clerk, being a
+    person regardless of the morality, integrity, innocence and
+    piety, which Ministers of the Gospel ought to possess and
+    sustain, and maliciously devising and intending to traduce,
+    vilify and bring into contempt and detestation one William
+    Apes, who was on the day hereinafter mentioned, and still is a
+    resident of Boston aforesaid, and duly elected and appointed
+    a minister of the gospel and missionary, by a certain
+    denomination of Christians denominated as belonging to
+    the Methodist Protestant Church; and also unlawfully and
+    maliciously intending to insinuate and cause it to be
+    believed, that the said William Apes was a deceiver and
+    impostor, and guilty of crimes and offences, and of buying
+    lottery tickets, and misappropriating monies collected by
+    him from religious persons for charitable purposes, and for
+    building a Meeting-house among certain persons called Indians.
+
+    On the thirteenth day of August now last past, at Boston
+    aforesaid, in the County of Suffolk aforesaid, unlawfully,
+    maliciously, and deliberately did compose, print and publish,
+    and did cause and procure to be composed, printed and
+    published in a certain newspaper, called the "Daily Commercial
+    Gazette," of and concerning him the said William Apes, and of
+    and concerning his said profession and business, an unlawful
+    and malicious libel, according to the purport and effect, and
+    in substance as follows, that is to say, containing therein
+    among other things, the false, malicious, defamatory and
+    libellous words and matter following, of and concerning said
+    William Apes, to wit: _convinced at an early period of my_
+    (meaning his the said Reynolds) _acquaintance with William
+    Apes_, (meaning the aforesaid William Apes,) _that he_
+    (meaning said William,) _was not what he_ (meaning said
+    William,) _professed to be; but was deceiving and imposing
+    upon the benevolent and Christian public_, (meaning that said
+    William Apes was a deceiver and impostor,) _I_ (meaning said
+    Reynolds,) _took all prudent means to have him_ (meaning
+    said William,) _exposed, and stopped in his_ (meaning said
+    William,) _race of guilt_, (meaning that said William had been
+    guilty of immorality, dishonesty, irreligion, offences and
+    crimes;) _these men_, (meaning one Joseph Snelling and one
+    Norris,) _were earnestly importuned to investigate his_
+    (meaning said William,) _conduct, and enforce the discipline_
+    (meaning the discipline of the church,) _upon him_ (meaning
+    said William,) _for crimes committed since his_ (meaning
+    said William's) _arrival in this city_, (meaning said city of
+    Boston, thereby meaning that said William Apes had been guilty
+    of crimes in said Boston,) _though well acquainted with
+    facts, which are violently presumtive of his_ (meaning said
+    William's) _being a deceiver, his_ (meaning said William's)
+    _friends stand by him_, (meaning said William's) _and will not
+    give him_ (meaning said William,) _up, though black as hell_,
+    (meaning that said William was a deceiver, and of a wicked and
+    black character.) _When I am informed that he_ (meaning said
+    William) _is ordained_, (meaning as a minister of the gospel,)
+    _that he_ (meaning said William,) _is by permission of the
+    brethren travelling, and permitted to collect money to build
+    the house aforesaid_, (meaning the aforesaid Meeting-house,)
+    _for his_ (meaning said William's,) _Indian brethren to
+    worship God in, I shudder not so much because he_ (meaning
+    said William,) _is purchasing Lottery Tickets_, (meaning that
+    said William was purchasing Lottery Tickets, and had spent
+    some of the aforesaid money for that purpose,) _but because I
+    know of his_ (meaning said William's) _pledge to the citizens
+    of New York and elsewhere_, to the great injury, scandal, and
+    disgrace of the said William Apes, and against the peace and
+    dignity of the Commonwealth aforesaid.
+
+        SAMUEL D. PARKER, Attorney of said Commonwealth, within the
+        County of Suffolk.
+        PARKER H. PEIRCE, Foreman of the Grand Jury.
+          A true Copy.--Attest,
+            THOMAS W. PHILLIPS, Clerk of the Municipal Court of the
+            City of Boston.
+
+Subsequently, I entered civil actions against two others, for the
+same offence, and had them held to bail in the sum of fifteen hundred
+dollars, with sureties. This soon made them feel very sore. They had
+put it in my power to punish them very severely for giving rein to
+their malignant passions, and they asked mercy. I granted it, in order
+to show them that I wanted nothing but right, and not revenge; and
+that they might know that an Indian's character was as dearly valued
+by him as theirs by them. Would they ever have thus yielded to an
+Indian, if they had not been compelled? I presume it will satisfy
+the world that there was no truth in their stories, to read their
+confessions, which are as follows:
+
+    _Extract from a letter written by David Ayres, to Elder T.F.
+    Norris, dated New Orleans, April 12, 1833_.
+
+    "I have arrived here this day, and expected to have found
+    letters here from you, and some of my other brethren
+    respecting Apes' suit. I never volunteered in this business,
+    but was led into it by others, and it is truly a hard case
+    that I must have all this trouble on their account."
+
+
+    _Extract of a letter written by David Ayers to William Apes,
+    dated July 1, 1833_.
+
+    "I am, and always have been your friend, and I never expected
+    that any things I wrote about you, would find their way into
+    the public papers. I am for peace, and surely I have had
+    trouble enough. I never designed to injure you, and when all
+    were your enemies, I was your warm friend."
+
+
+    _Extract from a letter written by G. Thomas to Rev. Thomas F.
+    Norris, dated New York, July 12, 1833_.
+
+    "William Apes might by some be said to be an excepted case;
+    but when this is fairly explained and understood, this would
+    not be the fact. My good friends of Boston, and my active
+    little brother Ayres, are to blame for this, and not me. I had
+    no malice against him, I never had done other than wish him
+    well, and done what I hoped would turn out for the best; but
+    knowing he was liable to error (as) others, and the case being
+    placed in such colors to me, I awoke up; and being pressed to
+    give what I did in detail as I thought, all for the good of
+    the cause and suffering innocence; but I am sorry I ever
+    was troubled at all on the subject; I thought that brother
+    Reynolds was a fine catch; but time I acknowledge is a sure
+    tell-tale. And by the by, they have caught me, and eventually,
+    unless Apes will stop proceedings, I must bear all the
+    burthen. Reynolds has got his neck out of the halter, and
+    Ayres is away South, and may never return; and poor me must be
+    at all the trouble and cost, if even the suit should go in my
+    favor. Can I think that Apes will press it? No. I think he has
+    not lost all human milk out of his breast, and will dismiss
+    the suit; and, as to my share of the cost, if I was able, that
+    should be no obstacle. If he will stop it all, if my friends
+    do not settle it, I will agree to, as soon as I am able."
+
+       *       *       *       *       *
+
+    I hereby certify, that I have copied the foregoing passages
+    from the letters purporting to be from David Ayres and G.
+    Thomas, respectively, as above mentioned, and that said
+    passages are correct extracts from said letters. I further
+    certify, that, as the Attorney of said William Apes, I acted
+    for him in the suits brought by him against said Thomas and
+    Ayres for libel, that while said suits were pending, said Apes
+    manifested a forgiving and forbearing disposition, and wished
+    the suits not to be pressed any further than was necessary to
+    show the falsehood of the statements of said Ayres and Thomas,
+    and contradict them; and, that he expressed himself willing to
+    settle with them upon their paying the cost, and acknowledging
+    their error, in consequence of which, by direction from him,
+    after he had perused said letters, I accordingly discharged
+    both suits, the bail of said Thomas and Ayres paying the
+    costs, which amounted to fifty dollars.
+
+    I further certify, that during my acquaintance with said Apes,
+    which commenced as I think, in March last, I have seen nothing
+    in his character or conduct, to justify the reports spread
+    about him, by said Thomas and Ayres; but on the contrary, he
+    has appeared to me to be an honest and well disposed man.
+
+        HENRY W. KINSMAN, No. 33, Court Street. _Boston, November 30,
+        1833_.
+
+        I, the subscriber, fully concur in the above statement.
+          JAMES D. YATES, Elder of the Methodist Protestant Church.
+
+The original confession of Reynolds being lost, I trust that the
+following certificate will satisfy the reader that it has actually had
+existence.
+
+    _To whom it may concern_.
+
+    This is to certify that I have repeatedly seen, and in one
+    instance, copied a paper of confession and _retraction_
+    of Slanders, which the writer stated he had uttered, and
+    published in papers of the day, against William Apes, the
+    preacher to the Marshpee tribe of Indians, signed, John
+    Reynolds, and countersigned as witness, by William Parker,
+    Esq. The copy taken of the above mentioned confession by the
+    subscriber, was sent to the Rev. T.R. Witsil, Albany, N.Y.
+
+        THOMAS F. NORRIS, President of the Protestant Methodist
+        Conference, Mass.
+        Attest,
+          JAMES D. YATES.
+        _Boston, May 7, 1835_.
+
+Nevertheless, lest this should not be sufficient, I am prepared to
+defend myself by written certificates of my character and standing
+among the whites and natives, (the Pequod tribe,) in Groton. They are
+as follows:
+
+    We the undersigned, native Indians of the Pequod tribe, having
+    employed Rev. William Apes as our Agent, to assist us, and to
+    collect subscriptions and monies towards erecting a house to
+    worship in, do hereby certify, that we are satisfied with
+    his agency; and that we anticipated that he would deduct
+    therefrom, all necessary expenses, for himself and family,
+    during the time he was employed in the agency, as we had no
+    means of making him any other remuneration.
+
+        By permission, FREDERICK X[Note: sideways X] TOBY,
+                       LUCRETIA GEORGE,
+        By permission, MARY X[Note: sideways X] GEORGE,
+        By permission, LUCY X[Note: sideways X] ORCHARD,
+                       WILLIAM APES,
+        By permission, MARGARET X[Note: sideways X] GEORGE.
+
+    I, Pardon P. Braton of Groton, in the County of New London,
+    and State of Connecticut, of lawful age, do depose and say,
+    that I was present when the above signers attached their names
+    to the above certificate, by them subscribed, and am knowing
+    to their having full knowledge of the facts therein contained;
+    and further the deponent saith not
+
+        PARDON P. BRATON.
+
+     _Groton, Dec. 3, 1832_.
+
+    County of New London, ss.--Groton, Dec. 3, 1832. Personally
+    appeared, Pardon P. Braton, and made solemn oath to the truth
+    of the above deposition, by him subscribed. Before me,
+
+        WILLIAM M. WILLIAMS, _Justice of the Peace_.
+
+    GROTON, INDIAN TOWN, CONN.
+
+    This may certify, that we, the subscribers, native Indians
+    of the Pequod tribe, do affirm by our signatures to this
+    instrument, that William Apes, Senior, went by our request
+    as Delegate, in behalf of our tribe, to New York Annual
+    Conference, of the Methodist Protestant Church, April 2, 1831.
+    The above done at a meeting of the Pequods, Oct. 6, 1830.
+
+        WILLIAM APES, JR. Minister of the Gospel, and Missionary to
+        that tribe.
+
+    As witness our hands, in behalf of our brethren,
+        By permission, MARY X[Note: sideways X] GEORGE,
+        By permission, LUCY X[Note: sideways X] ORCHARD,
+                       WILLIAM APES,
+        By permission, MARGARET X[Note: sideways X] GEORGE.
+
+    I, Pardon P. Braton of Groton, New London County, State of
+    Connecticut, do depose and say, that I am acquainted with the
+    Pequod tribe of Indians empowering William Apes, Sen. as their
+    Delegate to the New York Conference, as is above stated; and
+    further the deponent saith not.
+
+        PARDON P. BRATON.
+
+    _Groton, Dec. 3, 1832_.
+
+    New London County, ss.--Groton, Dec. 3, 1832. Personally
+    appeared, Pardon P. Braton, and made solemn oath to the truth
+    of the above deposition, by him subscribed. Before me,
+
+        WILLIAM M. WILLIAMS, _Justice of the Peace_.
+
+
+    _To all whom it may concern_.
+
+    This may certify, that we, the undersigners, are acquainted
+    with William Apes and his tribe, of Pequod, and that we live
+    in the neighborhood with them, and know all their proceedings
+    as to their public affairs, and that Mr. Apes, as far as we
+    know, has acted honest and uprightly; and that he has done his
+    duty to his Indian brethren, as far as he could consistently.
+    And that he has duly made known his accounts, and appropriated
+    the monies that was in contemplation for the Indian
+    Meeting-house, for the Pequod tribe; and we also certify that
+    said monies shall be duly appropriated.
+
+    Dated North Groton, Conn, Aug. 28, 1833.
+
+        JONAS LATHAM,
+        ASA A. GORE,
+        JOHN IRISH,
+        WILLIAM M. WILLIAMS.
+
+[Footnote 1: Here we were a little mistaken, not knowing in our
+ignorance, that we were making the Lieut. Governor commander in chief,
+and using his name to nullify the existing laws. Nevertheless, our
+mistake was not greater than many that have been made to pass current
+by the sophistry of the whites, and we acted in accordance with the
+spirit of the constitution, unless that instrument be a device of
+utter deception.]
+
+[Footnote 2: "In respect to the measures you may deem advisable, let
+them be confined in their adoption to an application of the _civil
+power_. If there is resistance, the Sheriff will, with your advice,
+call out the _posse comitatus_, and should there be reason to fear the
+inefficiency of this resort, I will be present personally, to direct
+any _military_ requisitions," &c.]
+
+[Footnote 3: Surely it was either insult or wrong to call the
+Marshpees citizens, for such they never were, from the declaration of
+independence up to the session of the Legislature in 1834.]
+
+[Footnote 4: I do not recollect uttering this expression, and it is
+not one that I am in the habit of using. It surprised me much, too,
+that the Sampsons should all swear alike, when it was impossible that
+they could have heard alike. If I used the word _shine_, it must have
+been in speaking to Mr. William Sampson, in a low tone, about fifty
+yards from the others.]
+
+[Footnote 5: Christmas.]
+
+[Footnote 6: By an Act of the Legislature in April last, 1835, _One
+Hundred Dollars_ is hereafter to be appropriated annually, from the
+School Fund, for the public schools in Marshpee. For this liberal
+act the Marshpees are indebted to the representations made to the
+Committee on education by their Counsel, B.F. HALLETT, Esq. This is
+an evidence of the paternal care of the Legislature, for which we can
+never be too grateful.]
+
+[Footnote 7: Meaning Envoy.]
+
+[Footnote 8: His Excellency LEVI LINCOLN, who proposed to raise
+a regiment to exterminate our tribe, if we did not submit to the
+Overseers.]
+
+[Footnote 9: The Counsel for the Indians, B.F. HALLETT, Esq. could not
+find a member of the House from Barnstable County, who would present
+the petition. The Indians will not forget that they owed this act of
+justice to Mr. CUSHING of Dorchester.]
+
+[Footnote 10: Mr. Apes did not attend.]
+
+
+
+
+AN INQUIRY INTO THE EDUCATION AND RELIGIOUS INSTRUCTION OF THE
+MARSHPEE INDIANS.
+
+
+On the subject of the means taken to educate the Indians, I will say
+a few words in addition to what has already been said, because we wish
+to show that we can be grateful when we have favors bestowed on us. Up
+to 1835, the State had done nothing for education in Marshpee, except
+build us two School-houses in 1831.
+
+Last winter the subject came up in the Legislature of distributing the
+School fund of the State among the towns. A bill was reported to the
+House, in which Marshpee was made a School District and entitled to
+receive a dividend according to its population by the United States
+census. Now this was meant well, and we feel obliged to the Committee
+who thought so much of us as this; but had the law passed in that
+shape, it would have done us no good, because we have no United States
+census. The people of Marshpee, nor the Selectmen knew nothing of this
+law to distribute the School fund, and our pretended missionary, Mr.
+Fish, never interested himself in such matters; but our good friend
+Mr. Hallett, at Boston, thought of us, and laid our claims before the
+Committee, by two petitions which he got from the Selectmen and from
+himself, and the Commissioner. We are told that the chairman of the
+School Committee, Hon. A.H. Everett, took much interest in getting a
+liberal allowance for education in Marshpee. He was once before a
+warm friend to the Cherokees, and his conduct now proved that he was
+sincere. He presented the petitions and proposed a law which would
+give us one hundred dollars a year forever, for public Schools in
+Marshpee, which was the largest sum that had been asked for by our
+friend Mr. H. A number of gentlemen spoke in favor of this allowance,
+and all showed that a spirit of kindness as well as justice toward the
+long oppressed red men, begins to warm the hearts of those who make
+our laws, and rule over us. We trust we are thankful to God for so
+turning the hearts of men toward us.
+
+The Bill passed the House and also the Senate, without any objection,
+and it is now a law of the State of Massachusetts, that the Marshpee
+Indians shall have one hundred dollars every year, paid out of the
+School fund, to help them educate their children. Our proportion as a
+District, according to what other towns receive, would have been but
+fifteen dollars. By the aid of our friends, and particularly of our
+counsel, (Mr. H.) who first proposed it, we shall now receive one
+hundred dollars a year; and I trust the Indians will best show their
+gratitude by the pains they will take to send their children to good
+schools, and by their raising as much more money as they can, to get
+good instructers; and give the rising generation all the advantages
+which the children of the whites enjoy in schooling. This will be one
+of the best means to raise them to an equality, and teach them to put
+away from their mouths forever, the enemy which the white man, when he
+wanted to cheat and subdue our race, first got them to put therein, to
+steal away their brains, well knowing that their lands would follow.
+
+The following are the petitions presented to the Legislature, which
+will give some light on the history of Marshpee.
+
+    To the Honorable General Court:
+
+    The undersigned are Selectmen and School Committee of the
+    District of Marshpee. We understand your Honors are going to
+    make a distribution of the School Fund. Now we pray leave to
+    say that the State, as the guardians of the Marshpee Indians,
+    took our property into their possession, so that we could not
+    use a dollar of it, and so held it for sixty years. We could
+    make no contract with a school-master, and during that time,
+    till 1831, we had no school house in Marshpee, and scarcely
+    any schools. We began to have schools about five years ago,
+    but still want means to employ competent white teachers
+    to instruct our children. Our fathers often petitioned the
+    Legislature to give them schools, but none were given till
+    1831, when the State generously built us two school-houses.
+
+    We also beg leave to remind your Honors that our fathers shed
+    their blood for liberty, and we their children have had but
+    little benefit from it. When a continental regiment of
+    four hundred men were raised in Barnstable county, in 1777,
+    twenty-seven Marshpee Indians enlisted for the whole war. They
+    fought through the war, and not one survives. After the war
+    our fathers had sixty widows left on the Plantation, whose
+    husbands had died or been slain. We have but one man living
+    who draws a pension, and not a widow. We pray you, therefore,
+    to allow to Marshpee, out of the School Fund, a larger amount
+    in proportion than is allowed to other towns and districts who
+    have had better means of education, and to allow us a certain
+    sum per year--and as in duty bound, will ever pray.
+
+        EZRA ATTAQUIN,  : Selectmen and School
+        ISAAC COOMBS,   : Committee of Marshpee
+        ISRAEL AMOS,    : District.
+
+       *       *       *       *       *
+
+    To the Honorable, the Senate and House of Representatives in
+    General Court assembled:
+
+    The undersigned beg leave to represent in aid of the petition
+    of the Selectmen and School Committee of the District of
+    Marshpee, praying for a specific appropriation from the School
+    Fund for the support of public schools in said district, that
+    we are acquainted with the facts set forth in said petition,
+    and believe that the cause of education could no where be more
+    promoted in any District in the Commonwealth than by making
+    a specific annual allowance to said Marshpee District. The
+    Legislature have made a specific annual appropriation of
+    fifty dollars to the Indians on Martha's Vineyard for public
+    schools, and the undersigned are of opinion, that an annual
+    appropriation of double that amount, would be no more than a
+    fair relative proportion for the District of Marshpee. It is
+    highly important that the District should be able to employ
+    competent white teachers, until they can find a sufficient
+    number of good teachers among themselves, which cannot be
+    expected until they have enjoyed greater means of education
+    than heretofore. The undersigned therefore pray that the
+    petition of said Selectmen may be granted, by giving a
+    specific annual allowance to said District.
+
+        BENJ. F. HALLETT, Counsel for the Marshpee Indians.
+        CHARLES MARSTON, Commissioner of Marshpee.
+
+Here it will be seen that the missionary for the Indians on Martha's
+Vineyard, did not go to sleep over his flock, or run after others
+and neglect what ought to be his own fold, as did the missionary,
+Mr. Fish, whom Harvard College sent to the Marshpees, and pays for
+preaching to white men. Mr. Bayley, the white missionary on the
+Vineyard, as I understand, took pains to send a petition to Boston,
+and he got fifty dollars a year for our brethren there, of which we
+are glad. From all we can judge of Mr. Fish, we should have sooner
+expected that instead of trying to help our schools, he would opposed
+our getting any thing for schools, as he also opposed our getting our
+liberty. He has done nothing for us, about our schools, and even tried
+to set the Indians against their counsel, Mr. Hallett, by pretending
+he had lost his influence. When Mr. Fish does as much for our liberty,
+and for our schools, as Mr. Hallett has done, we will listen to his
+advice.
+
+Mr. Bayley, the missionary on the Vineyard, we understand has but
+two hundred dollars a year from Harvard College, while Mr. Fish, at
+Marshpee, has between four and five hundred, and wrongly uses as
+his own about five hundred acres of the best land on the plantation
+belonging to the Indians. The Legislature in 1809, took this land from
+the Indians, without any right to do so, as we think, and thus
+compel them, against the Constitution, to pay out of their property
+a minister they never will hear preach. Is this religious liberty
+for the Indians? Mr. Fish is now cutting perhaps, 200 cords of wood,
+justly belonging to the Indians, when there is scarce five who will
+go and hear him preach in the Meeting-house, erected by the British
+Society for propagating the gospel among the Indians, and given to the
+Indians, but in which Mr. Fish now preaches to the whites, (having but
+one colored male member of his church,[1]) and keeps the key of it,
+for fear that its lawful owners, the Indians, should go in it, without
+his leave. He will not let them have it for holding a camp meeting, or
+for any religious purpose.
+
+Last August we invited Mr. Hallett to come and address us on
+Temperance, and to explain to us the laws. We appointed to meet at the
+Meeting-house, as the most central place. Mr. Fish at first refused to
+let the Indians go into their own Meeting-house, and the people began
+to assemble under the trees, when it was proposed for the Selectmen to
+go and ask for the key, that they might see if Mr. Fish would refuse
+it. At this moment, a white man who had been there some time, and had
+tried to pick a quarrel with Mr. Hallett and the Indians,[2] said he
+was sent by Mr. Fish with the key, and would let the people in, if
+they would promise to come out when _he_ told them to. Mr. Hallett
+declined going in on such terms, and proposed to hold the meeting
+under the trees. This shamed the messenger of Mr. Fish, and he opened
+the door, and the people went in, where Mr. Hallett addressed them.
+While the Indians were thus gratified in meeting their friends, and in
+hearing good advice from Mr. Hallett, on temperance and their affairs,
+Mr. Fish's messenger interrupted the speaker, in a very abrupt and
+indecent manner, and tried to bring on a quarrel and break up the
+meeting. Captain George Lovell, always a friend to the Indians,
+tried to keep Mr. Crocker still, and Mr. Hallett declined having any
+controversy, yet the man persisted in his abuse, until he broke up
+the meeting. Had it been thought best, this insulting ambassador would
+have been put out of the house as a common brawler and disturber; but
+Mr. Hallett forbore to have any controversy with him. He afterwards
+met the Indians in their School-houses, and delivered two addresses
+without interruption from the emissaries of Mr. Fish. This is a
+sample of the way the Indians have been treated about their own
+Meeting-house. In some of the old petitions, the Indians speak of
+this Meeting-house as _our_ Meeting-house, and it was built for them,
+without a dollar from the white men of this country, except when the
+Legislature, at the petition of the Indians, repaired it in 1816. And
+now, no Indian can go inside of it, but by the permission of Mr. Fish,
+whom they will not hear preach.
+
+It seems that the Indians are not to have the benefit of any thing
+given to them. It must all go to the whites. The whites have our
+Meeting-house, and make Marshpee pay about one-third the support of a
+minister they will not hear preach. The other two-thirds comes from a
+fund. In 1711, a pious man named Williams, died in England, and in his
+will he said, "I give the remainder of my estate to be paid yearly to
+the College of Cambridge, in New England, or to such as are usually
+employed to manage the blessed work of _converting the poor Indians_
+there, to promote which, I design this part of my gift."
+
+This was the trust of a dying man, given to Harvard College, that
+great and honorable Literary Institution. And how do they fulfil the
+solemn trust? They have been and still are paying about five hundred
+dollars a year to a missionary for preaching to the whites. This
+missionary, by his own statement, [see Mr. Hallett's argument,] shows
+he has added to his church _twenty_ members from the tribe of over
+three hundred persons, in _twenty-two years_. Is not this more
+expensive in proportion to the good done, than any heathen mission
+on record? Mr. Fish has now been preaching in Marshpee _twenty-four
+years_. In that time he has received from the Williams fund, given
+solely to convert the poor Indians, about five hundred dollars a year,
+as nigh as can be ascertained, which is TWELVE THOUSAND DOLLARS for
+persuading twenty colored persons to join his church. This is six
+hundred dollars for every member added to his church, and if his other
+pay is added, it amounts to nine hundred dollars for each member.
+
+Besides this, Mr. Fish has derived an income, we think not much,
+if any, short of two hundred and fifty dollars a year, from the
+wood-land, pasturage, marshes, Meeting-house, house lot, &c. which he
+has wrongfully held and used of the property of the Indians. Add this
+to his pay from Harvard College, and he has had EIGHTEEN THOUSAND
+DOLLARS, of money that belonged to the Indians, and which, if it had
+been laid up for a fund, would have supplied missionaries for all
+the Indians in New England, according to the will of the pious Mr.
+Williams. We respect the President and Trustees of Harvard College.
+They are honorable men and mean to do right, but I ask them to look
+at this statement, then to read the will of Mr. Williams, and laying
+their hands upon their heart, to ask in the presence of the God of
+the Indian as well as the white man, whether they have done unto the
+Indians of New England and their children, as they would that the
+Indians should do unto them and their children? We are told that we
+might bring a suit in equity, or in some way, to compel the Trustees
+of the Williams fund, to distribute it as the pious donor meant, not
+for the conversion of the whites, even to the taking away from the
+Indians of their Meeting-house and lands, but for "the blessed work of
+converting the poor Indians," as Mr. Williams says in his will.
+
+But it is hard for Indians to contend in the courts of white men,
+against white men. We can have none of our people to decide such
+questions, and what could we do against all the power and influence
+of the Corporation of Harvard College? If the President and Fellows
+of Harvard College prefer to deal unjustly by the poor Indians, and
+violate the trust of Mr. Williams, by giving the funds to the whites
+instead of the poor Indians, they must submit to the wrong, we
+suppose, for there are none strong enough to help them. They can take
+the money from the Indians, but cannot compel them to hear a preacher
+they dislike.
+
+Some people may say that William Apes wants to get what Mr. Fish
+has, but all he asks is, that Harvard College and the State will not
+support an _established religion_ in Marshpee, but leave the Indians
+free to choose for themselves. Mr. Williams did not give his property
+to the Marshpee Indians, more than to any others. It was designed for
+all the Indians in New England, and we cannot see what right Harvard
+College has to give it all for the whites near Marshpee and the
+Indians on Martha's Vineyard. If they are afraid that blind Joseph or
+William Apes, the Indian preachers, should have any of this money, if
+it is withdrawn from Mr. Fish, let them take it, and send a missionary
+among the Marshpee Indians they like. Or let them employ a man, some
+Elliot, if they can find one, to visit all the Indians in New England,
+to find out their condition and spiritual wants, and try to relieve
+them. This would be doing some good with money that is now only used
+to disturb the Indians, to take from them their Meeting-house, to
+create divisions among them, and turn what the pious Williams meant
+for a blessing into a curse to the Indians. What would the pious
+Williams say to Harvard College, could he visit Marshpee on a Sabbath?
+He might go to the Meeting-House built for the Indians, by the society
+in England, of which I believe he was a principal member. He would
+find a while man in the pulpit, white singers loading the worship, and
+the body of the church occupied by seventy or a hundred white persons,
+of the neighboring villages, scarcely one of whom lives on the
+plantation. Among these he would see four, five, six, or possibly ten
+persons with colored skins; not but one male among them, belonging to
+the church. He would probably think he had made a mistake, and that
+he was in a white town, and not among the Indians. He might then go to
+the house of blind Joseph, (the colored Baptist preacher,) or to the
+School-house in Marshpee, and he would there find twenty, thirty, or
+forty Indians, all engaged in the solemn worship of God, united and
+happy, with a little church, growing in grace. He might then visit the
+other School-house, at the neck, where he would find William Apes,
+an Indian, preaching to fifty, sixty, or seventy, and sometimes an
+hundred Indians, all uniting in fervent devotion. After the sermon, he
+would hear a word of exhortation from several of the colored brethren
+and sisters, in their broken way, but which often touches the heart
+of the Indian, more than all the learning that Harvard College can
+bestow. He would hear the Indians singing praises to God, and making
+melody in their hearts if not in their voices. What would he say then,
+when told that Harvard College had paid twelve thousand dollars of his
+funds for converting the poor Indians, to the white minister, who
+had made twenty members in twenty-four years, while the two Indian
+preachers, with forty-seven members to their churches, added in
+three years, were like St. Paul, laboring with their own hands for a
+subsistence?
+
+All the Indians ask of Harvard is, take away your pretended gift. Do
+not force upon us a minister we do not like, and who creates divisions
+among us. Let us have our Meeting-house and our land, and we will be
+content to worship God without the help of the white man.
+
+This Meeting-house might as well be in India as in Marshpee, for all
+the benefit the Indians have of it. It is kept locked all the time,
+with the key in Mr. Fish's possession. It is seen that he would not
+let the Baptist church of Indians have it to ordain their beloved
+pastor, blind Joseph in, and we see how it was granted to the Indians,
+when they wanted it for Mr. Hallett to address them last summer. Not
+only were we forbidden the use of the Meeting-house, but even the land
+which the Legislature unconstitutionally as we think, took from the
+Indians to give to Mr. Fish, is considered by him too holy to be
+defiled by the Indians, who are its true owners.
+
+Last summer, sometime in July, my church desired to have a
+Camp-meeting, of which we had had one before, attended, as we believe,
+with a great blessing. We selected a spot some distance from the
+Meeting-house, in a grove, beside the river; but though not in sight
+of the Meeting-house, it was on the ground which Mr. Fish thinks has
+been set apart for his sole use. After the notice was given of the
+Camp-meeting, I received from Mr. Fish the following note, which is
+here recorded, as an evidence of the Christian spirit with which
+a church in Marshpee consisting of thirty-five members, who were
+Indians, was treated and molested in their worship, by the missionary
+Harvard College has paid so liberally to "convert the poor Indians,"
+and who had but five Indians in his church, not one being a male
+member.
+
+    MARSHPEE, JULY 19, 1834.
+
+
+    Mr. WM. APES,
+
+    _Sir_,--Perceiving by a notice in the "Barnstable Journal," of
+    last week, that you have appointed a Camp-meeting, to commence
+    on the 30th inst. and to be holden on the Parsonage, and in
+    the vicinity of the Meeting-house,
+
+    _This is to forbid the proceeding altogether_!
+
+    You have no pretence for such a measure; and if you persist
+    in your purpose to hold such Meeting, either near the
+    _Meeting-house_, or on _any part of the Parsonage allotment_,
+    you must consider yourself _responsible for the consequences_.
+
+    I am &c.
+
+        PHINEAS FISH.
+
+    Rev. WILLIAM APES.
+
+Soon after this, the Selectmen, one of whom was a member of my
+church, applied to Mr. Fish respecting holding the Camp-meeting on the
+parsonage. The place selected could not have disturbed Mr. Fish, any
+more than people passing in carriages in the main road. We had no
+Meeting-house, our School-houses would not hold the people, and we had
+no other means but to erect our tents and worship God in the open air.
+A pious family of whites from Nantucket, came on the ground, and began
+erecting their tent. Mr. Fish came there in person and ordered them
+off. The man told him that he had his family there, and had no other
+shelter for the night but his tent, which he should not remove, but
+would do so the next day, if he found that he was trespassing on
+any man's rights. But he added, if Mr. Fish turned him off, he would
+publish his conduct to the world. Mr. Fish's interference to break
+up our religious meeting, created much talk, and finally he wrote the
+following letter to the Selectmen; after which we went on and had our
+meeting, in a quiet, orderly and peaceful manner, and we believe it
+was a season of grace, in which the Lord blessed us.
+
+    _To the Selectmen of Marshpee_.
+
+
+    On mature thought, and in compliance with your particular
+    request, I consent to your holding the Camp-meeting, which
+    is this day commenced, on the spot near the river, where the
+    first tent was erected. I consent, (I say,) on the following
+    conditions, viz: That you undertake that no damage come upon
+    the parsonage property, either wood land, or Meeting-house;
+    that no attempt be made to occupy the Meeting-house; that
+    there be no attempt on the Sabbath, or any other day, to
+    interrupt the customary worship at the Meeting-house, and,
+    _that peace, order, and quietude_ be maintained during the
+    time of the Camp-meeting. It is also distinctly understood,
+    that this license is of _special favor_, and _not conceded as
+    your right_, and no way to be taken as a ground for similar
+    requests in future, or for encouraging any future acts of
+    annoyance, vexation, or infringement of the quiet possession
+    of the privileges, secured to me by the _Laws_. And that
+    should any damage be done in any way as aforesaid, you will
+    consider yourselves responsible to the proper authorities.
+
+    With my best wishes for your welfare, your friend,
+
+        PHINEAS FISH.
+        _Marshpee, July 30, 1834_.
+
+The reader may now ask, how came Mr. Fish in possession of this
+property, which he claims to hold by the Laws? I am at liberty to
+publish here, the following views of the law and the facts in the
+case, drawn up by legal counsel whom the Selectmen have consulted. And
+here I take my leave.
+
+
+
+
+
+OPINION AS TO THE TITLE REV. PHINEAS FISH HAS TO THE PARSONAGE, SO
+CALLED, IN MARSHPEE.
+
+
+The first act of the General Court which interfered with the right of
+the Indians to sell their own lands, all of which they owned in common
+in Marshpee Plantation, (including what is now called the parsonage,)
+was in 1650, which provides that no person shall _buy_ land of
+any Indian without license of the General Court. In 1665, this was
+extended to grants for term of years. In 1693, the Indians were put
+under guardianship.
+
+In 1701, an Act was passed specially to protect the Indians in the
+enjoyment of their lands. [Col. Laws, page 150,] It also shows why the
+restriction in the sale of their lands was adopted.
+
+    "Whereas, the government of the late Colonies of the
+    Massachusetts Bay and New Plymouth, to the intent the native
+    Indians might not be injured or defeated of their just rights
+    and possessions, or be imposed on and abused in selling and
+    disposing of their lands, and thereby deprive themselves
+    of such places as were suitable for their settlement", did
+    inhibit the purchase of land without consent of the General
+    Court, notwithstanding which, sundry persons have made
+    purchases, &c.; therefore, all such purchases of lands were
+    vacated, with the exception of towns, or persons who had
+    obtained lands from the Indians, and also by virtue of a grant
+    or title made or derived by or from the General Court. All
+    leases of land from Indians for any term or terms of years to
+    be void, unless license was obtained for such lease from
+    the County Court of Sessions. _Provided_, nevertheless, that
+    nothing in this act shall be held or deemed in any wise to
+    hinder, defeat or make void any bargain, sale or lease of
+    land, made by an Indian to another Indian or Indians.
+
+    1718. This is the first act which took from the Indians
+    their civil capacity to make contracts. It says, "whereas,
+    notwithstanding the care taken and provided (by the former
+    act,) a great wrong and injury happens to said Indians,
+    natives of this country, by reason of their being drawn in by
+    small gifts, or small debts, when they are in drink, and out
+    of capacity to trade, to sign unreasonable bills or bonds for
+    debts which are soon sued, and great charge brought upon them,
+    when they have no way to pay the same, but by servitude";
+    therefore no contract whatever shall be recovered against any
+    Indian native, unless entered into before two Justices of the
+    Peace in the County, both to be present when the contract is
+    executed by the Indian.
+
+The act of 1725, recognizes the rights of Indians to employ persons
+to build houses on _their own lands_. Their own lands then were the
+commons, including the parsonage.
+
+In 1763, Marshpee was incorporated as a District, including the land
+now called the parsonage. "_Be it enacted_, &c. that all the lands
+_belonging_ to the Indians and mulattos in Mashpee be erected into a
+district, by the name of Mashpee." The Proprietors are empowered to
+meet "IN THE PUBLIC MEETING HOUSE," [the one now claimed by Mr. Fish,]
+to elect a Moderator, five Overseers, two to be Englishmen, a town
+Clerk and Treasurer, being Englishmen, two Wardens, and one or more
+Constables. The majority of the Overseers had the sole power to
+regulate the fishery, to lease such lands and fisheries as are held in
+common, not exceeding for two years, and to allot to the Indians their
+upland and meadows. This act was to continue for three years and
+no longer. It does not appear ever to have been revived. The
+revolutionary war intervened, and there is no act after 1766, until
+the act of 1788, after the revolutionary war, which last act put the
+Indians and their lands under strict guardianship.
+
+In this interval between 1766 and 1788, the only transaction on which
+Mr. Fish can found any claim to the parsonage look place. There
+was then either no law existing, which could empower any person to
+sequester and set apart the lands of the Indians, or the law of 1693,
+(if that of 1763 had expired,) was revived, by which the guardianship
+again attached to the Indians. The Indians, it is believed, continued
+to choose their own Overseers, under the charter of 1763, after it
+had expired, and without any authority to do so. It was the only
+government they had during the troubles of the revolution.
+
+We now come to the first evidence of any thing relating to the
+parsonage land being set apart from the common land. This was in 1783,
+and the following is the Deed from the Records of Barnstable County,
+and the only deed relating to this property.
+
+    DEED OF MARSHPEE PARSONAGE.
+
+
+    _Know all Men by these Presents_, That we, Lot Nye, Matthias
+    Amos, Moses Pognet, Selectmen, and Israel Halfday, Joseph Amos
+    and Eben Dives, of the district of Marshpee, _for the support
+    of the Gospel in said Marshpee in all future generations,
+    according to the discipline and worship of the Church in
+    this place, which is Congregational_, do allot, lay out,
+    and _sequester_ forever, a certain tract of land, being four
+    hundred acres more or less, lying within the Plantation of
+    Marshpee, and _being Indian property_, which is to lay as a
+    parsonage forever and to be _improved and used for the sole
+    purpose aforesaid_; and the said tract or parcel of land for
+    the said Parsonage, is situated on the East side of Marshpee
+    river, and bounded as follows, viz: Beginning at a certain
+    spring of fresh water which issues from the head a small
+    lagoon on the East side of Marshpee river aforesaid, and runs
+    into said river a small distance below, and South of the spot
+    where negro Scipio and his wife Jemimai had their house, which
+    is now removed, and from thence running due East into the land
+    until it comes to the great road which leads into Marshpee
+    Neck, so called, and from thence Northwardly bearing Eastward
+    as the said road runs, until it comes to the great road,
+    which is the common road from Barnstable to Falmouth, and then
+    bounded by the last mentioned road Northwardly, and running
+    Westwardly until it comes to Ashir's road, then crossing
+    Falmouth road and running in Ashir's path till it comes
+    to Marshpee river aforesaid, and then upon the said river
+    Southwardly, and on the East side, until it comes to the first
+    station, leaving Quokin, and Phillis his wife, quiet in their
+    possessions; which tract of land, (except Mary Richards'
+    fields and plantation,) which is within the said boundaries,
+    and wood for Mary's own use, and fencing stuff for her fences
+    as they now stand, with all the appurtinances and privileges
+    thereunto belonging, shall be forever for the important
+    purpose of propagating the Gospel in Marshpee, without any
+    let, hindrance or molestation. In confirmation whereof, we
+    have hereunto set our hands and seals, this seventh day of
+    January, one thousand seven hundred and eighty-three. 1783.
+
+        LOT NYE,
+        MATTHIAS X[Note: sideways X] AMOS, his mark.
+        MOSES X[Note: sideways X] POGNET,    "
+
+    N.B. Before the insealing the premises, reserve was made
+    by the signers of this instrument, for the heirs of Mary
+    Richards, that they forever be allowed her in her life time,
+    and Abraham Natumpum and his heirs, be allowed severally to
+    enjoy and possess Scipio's cleared spot of land, and fencing
+    stuff for the same.
+
+        ISRAEL X[Note: sideways X] HALFDAY, his mark.
+        JOSEPH X[Note: sideways X] AMOS,      "
+        EBEN X[Note: sideways X] DIVES,       "
+
+
+    In possession of: Gideon Hawley
+                    : Simon Fish.
+
+    Received November 10, 1800, and is recorded in the 25th Book
+    of Records, for the County of Barnstable, folio 139, and
+    compared.
+
+        Attest, EBENEZER BACON, _Register_.
+
+Lot Nye was a white man, a great Indian speculator. The other five
+were Indians, two calling themselves Selectmen. Now what power had
+these men in 1783, to sequester four hundred acres of the common land
+of the Indians, for any purpose? If they were Selectmen, and had any
+power, that power was expressly limited by the act of 1763, to leasing
+lands for a term not exceeding two years. Here they undertook to make
+a perpetual grant, a sort of dedication of the property to a certain
+purpose. If they could dispose of one acre so, they might with equal
+propriety, have disposed of the whole Plantation. The Indians were all
+tenants in common, and no dedication or transfer of the common land
+could be made, without a legal partition, or the consent of every
+individual tenant. If the pretended Selectmen acted for the Indians,
+they could only do so by power of attorney to act for all the tenants
+in common. There is no other possible legal way, by which land, the
+fee of which is owned by tenants in common, can be transferred, either
+in fee or in occupancy out of their possession forever. But besides,
+no act of the Indians was then valid unless confirmed by the General
+Court. This deed, therefore, of 1783, was void at the time. It seems
+nothing was done with it, until 1800, _seventeen years_ after, when
+it was recorded in the Barnstable County Registry of Deeds, at whose
+instigation does not appear. Now in 1800, when this deed was recorded,
+the Indians were legally minors, and could do no act, and make no
+contract. All the power their Selectmen had in 1783, was taken away.
+They were under five Overseers, who had power to improve and _lease_
+the lands of the Indians and their tenements, but no power to sell,
+sequester or dedicate any part of them. The Overseers had no power to
+take a dollar from the Indians, for religious worship. While this was
+the condition of the Indians under the law of 1789, (which continued
+in full force, with an additional act in 1819, till the new law of
+1834,) the deed was recorded, in 1800, _seventeen years_ after it
+was made by persons who had no power at all to make such a deed. The
+professed object was to set apart 400 acres, of the common land,
+lying in Marshpee, "_and being Indian_ _property_," for a parsonage,
+forever. The clear title then was in the Indians as tenants in common,
+for the deed so declares it, in 1783. The parsonage was their property
+then. How has it ever been conveyed out of their hands? The purpose
+for which this land was to be used, as sequestered by Lot Nye, &c. was
+for the sole purpose aforesaid, viz. "For the support of the Gospel
+in Marshpee in all future generations, according to the discipline
+and worship of the Church in this place, which is Congregational."
+And this property, says the deed, "shall be forever for the important
+purpose of propagating the gospel in Marshpee, without any let,
+hindrance or molestation."
+
+This, then was the design of the original signers of this deed, who
+had no right to sign such a deed at all. Their object was to promote
+the gospel in Marshpee, but how has it turned out? The property has
+been used for twenty-four years, to pay a minister who preaches to the
+whites, and whom the Indians with very few exceptions, will not hear.
+Is not this a gross perversion of the design of the donors, even if
+they had any power to have made this grant? No lawyer will pretend
+that the grant was not void, under this deed alone. There was no
+grantee, no legal consideration, and no power to convey. The deed
+remained on record, until 1809, when the following act was passed by
+the Legislature, attempting to confirm a deed made 26 years before, by
+men who had no power to make such deed.
+
+    COMMONWEALTH OF MASSACHUSETTS,
+
+
+    _House of Representatives, June_ 15, 1809.
+
+    On the representation of the Overseers of the Indian
+    Plantation of Marshpee, in the County of Barnstable, stating
+    in behalf of said Indians, that it would be conducive to their
+    interests, that a certain grant and allotment of lands therein
+    described, _formerly owned by said Indians_, for the support
+    of the gospel ministry among them, should be confirmed and
+    rendered valid.
+
+    _Resolved_, That a certain grant or allotment of land made by
+    Lot Nye, Matthias Amos, Moses Pognet, Isaac Halfday, Joseph
+    Amos, and Eben Dives, of the District of Marshpee, in the
+    County of Barnstable, as appears by their deed by them, and
+    by them signed, sealed and executed, on the seventh day of
+    January, one thousand seven hundred and eighty-three, and
+    recorded in the Registry of Deeds, in and for said County of
+    Barnstable, in the fifty-fifth book thereof, and 139th
+    folio of said book, said land being 400 acres more or less,
+    according to said deed, be and the same hereby is confirmed
+    and rendered valid to all intents and purposes by them in
+    their said deed expressed, and the said tract of land shall be
+    and remain forever as a parsonage, for the use and benefit of
+    a Congregational gospel minister, as expressed and declared in
+    their said deed. Sent up for concurrence.
+
+        TIMOTHY BIGELOW, _Speaker_.
+
+        _In Senate, June_ 19, 1809,
+
+    Read and concurred.
+
+        H.G. OTIS, _President_. Approved, C. GORE.
+
+        June 19, 1809,
+        [True Copy.]
+
+Now, if the deed was not valid in 1783, without the concurrent action
+of the General Court, it could not be made valid by an act of the
+General Court 26 years afterwards. Besides, the land had been in
+possession of the Indians, by virtue of their title, more than twenty
+years, after the making of the pretended deed. The power of the
+grantors, if they ever had any power, had long expired, and Marshpee
+was governed by new laws. We might as well hold that an act passed
+by the House of Representatives in 1783, could be made valid by a
+concurrence of the Senate, in 1809.
+
+It is plain, therefore, that unless the General Court had power
+without the consent of the Indians, to sequester this land in 1809,
+the setting of it apart from the common land, is wholly void, and an
+act of mere arbitrary power. But the general Court never assumed the
+power to convey any land for any purpose, belonging to the Indians
+without their consent. Where and how was their consent given to this
+act of 1809? They were minors in law, and could give no such consent.
+Their Overseers could give none for them, for their power only
+extended to alloting laws to the Indians, and _leasing_ them.
+The pretence, therefore, that this was done at the request of the
+Overseers, gives no strength to the act.
+
+Let another fact be remarked. The original sequestration in 1783,
+was to promote the gospel in Marshpee. The General Court profess to
+confirm and render valid the deed of Lot Nye and others, but they say
+that this four hundred acres "shall remain forever as a parsonage for
+the use and benefit of a Congregational gospel minister, _as expressed
+in their said deed_."
+
+Now no such thing is expressed in their deed. There is not a word
+about a Congregational _minister_; only "for the support of the
+gospel, according to the discipline and worship of the church in this
+place, which is Congregational."
+
+The General Court, therefore, gave a construction to the deed, which
+the deed never warranted. The whole proceeding must be illegal and
+void. The fee still remains in the Indians, and no power existed to
+take it from them without their whole consent as tenants in common,
+which they have never given, and could not give, because they were in
+law minors. Mr. Fish was sent to Marshpee as a minister, and ordained
+in 1811. The Indians, as a society, never invited him to come,
+or settled him. They never gave him possession of the land or
+Meeting-house. They were then minors in law, and could give no
+consent. The white Overseers and Harvard College, were the only powers
+that undertook to give Mr. Fish possession of the property of the
+Indians. It is true, he has held it twenty years, but the statute
+of quiet possession does not run against minors. The Indians were
+declared minors, and could bring no action in court.
+
+This is the true history of the parsonage and Meeting-house now
+wrongfully held by Mr. Fish. Have not the Indians a right to their
+own property? Has the Legislature and Harvard College, a right to
+establish a religion by law in Marshpee, and take the property of
+the Indians to support a minister they will not hear? Where did the
+General-Court get any power to give away the property of the Indians,
+any more than the lands of white men, held in common? They cannot take
+the property of the Indians to support a private individual. Was it
+then a public use? But the Constitution says "no part of the property
+of any individual, can with justice be taken from him, or applied to
+public uses, without his own consent, or that of the representative
+body of the people, and whenever the public exigencies require that
+the property of any individual should be appropriated to public uses,
+he shall receive a reasonable compensation therefor." Apply this to
+the act of the General Court, by which Mr. Fish holds four hundred
+acres of the common lands of the Indians, against their consent,
+and for which they never received a dollar, and answer. Is not the
+Constitution violated, every day he is suffered to remain on the
+plantation, against their consent, subsisting on the property of the
+poor Indians, not to benefit them, but to preach to the whites?
+
+Look at this subject also, in connexion with religious freedom.
+The old article of the Constitution, gave the Legislature power
+to _require_ the towns to provide for public worship at their own
+expense, where they neglected to make such provisions themselves;
+but it also provided that the towns, &c. "shall at all times have the
+exclusive right of electing their public teachers, and of contracting
+with them for their support and maintenance."
+
+This right the Indians have never had in regard to Mr. Fish, nor did
+they neglect to support worship, and if they did, the Legislature had
+no power to take their property and set it apart, but might impose a
+tax or a fine.
+
+But what says the amended article on this subject of religious
+freedom? "The several religious societies of this Commonwealth, (the
+Indian as well as the white man,) whether corporate or unincorporate,
+shall ever have the right to elect their pastors or religious
+teachers, to contract with them for their support, to raise money
+for the erecting and repairing houses of public worship, for the
+maintenance of religious instruction, and all religious sects and
+denominations, demeaning themselves peaceably, and as good citizens,
+shall be equally under the protection of the law."
+
+Are the Indians at Marshpee, protected in the same manner the whites
+are, in their religious freedom? The Indians think not, and with good
+reason; and yet they cannot get redress. They have warned Mr. Fish to
+leave their property; they have dismissed him as their minister, if he
+ever were such, and have forbidden his using their Meeting-house, or
+carrying off their wood. But he persists in holding and using their
+property, as they say wrongfully, and even prohibits their having
+a religious meeting in the woods, without his consent. He is, it
+is stated, at this time employing men to cut and cart wood off the
+plantation, for his support, and it is supposed he will thus take of
+the property really belonging to the Indians, about two hundred cords
+of wood the present year.
+
+Now if this land belongs in common to the Marshpee Indians, as they
+contend it does, Mr. Fish and the white men he employs, (and it is
+understood he employs no others,) violate the law of 1834, and are
+liable to indictment. That law says, "that no person other than
+proprietors or inhabitants of said District, shall ever cut wood [upon
+the common lands,] or transport the same therefrom. And every person
+offending against this provision, shall be liable to indictment
+therefor, and upon conviction, shall pay a fine of not less than
+fifty, nor more than one hundred dollars, to the use of said
+District." In this mode, by indicting the white men employed by Mr.
+Fish, to cut and carry off wood, the question could be tried, which is
+simply whether the fee of the parsonage is in the Indians, or whether
+it is in Mr. Fish, who never had any deed of it in any way. The
+parsonage was common land in 1783. Has it been legally changed since
+in its title, is the question. But even in this matter, as we are
+informed, the courts of justice which are open to white men, are
+closed to the poor Indians. At the last session of the court in
+Barnstable, the Selectmen of Marshpee complained against the white
+men employed by Mr. Fish, for cutting wood on their common lands. The
+District Attorney on ascertaining that the wood was taken from the
+parsonage, so called, undertook to decide the whole question,
+before it went to the court, as it is stated to us, and without any
+examination as to Mr. Fish's title, refused to act upon the complaint.
+Had the indictment been found, the question could have gone to the
+Supreme Court, and been there settled. The Indians now must either
+submit to be wronged until some prosecuting officer will hear their
+complaints, or they must apply for an injunction, to stop Mr. Fish
+cutting any more of their wood. These are believed to be substantially
+the facts and the law, in this case. They are left with a candid
+public to consider, and to form their opinion on, if they cannot be
+shown to be unfounded.
+
+It should be understood that the Committee who reported the act of
+1834, giving the new law to the Indians, did not decide any question
+touching the parsonage. They treated all the plantation as lands owned
+in common. It has been said that the Chairman of the Committee, Mr.
+Barton, had given an opinion that Mr. Fish was entitled to hold
+the property. This is incorrect. To obviate such an impression,
+Mr. Hallett, the counsel for the Indians, wrote to Mr. Barton, and
+received the following reply, which will fully explain the position in
+which the question was left by the Legislature. In the views expressed
+by Mr. Barton, Mr. Hallett fully concurs. Too much praise cannot be
+given to Mr. Barton for the zeal, patience and ability with which he
+discharged the duties of Chairman of the Committee.
+
+    WORCESTER, JULY 1, 1834.
+
+
+    DEAR SIR,
+
+    I last evening received your favor of the 28th ult. The Committee of
+    the Legislature, who had in charge the Marshpee business,
+    intentionally avoided expressing any opinion in regard to the tenure
+    by which Mr. Fish held the parsonage. In our report we merely
+    adverted to the facts, that in 1783, Lot Nye, and several Indians
+    granted 400 acres of the common land, "to be forever for the
+    important purpose of propagating the Gospel in Marshpee." There were
+    no grantees named in the deed. In 1809, the General Court confirmed
+    this grant of a parsonage, "to be held forever for a Congregational
+    Gospel Minister." We found Mr. Fish in possession of the parsonage,
+    _as such a minister_. But whether by virtue of said grant, and his
+    settlement at Marshpee he could hold the parsonage, _as a sole
+    corporation_, we regarded it as a question of purely a judicial
+    character, and one with which it was "not _expedient_," and might we
+    not have added _proper_, "for the Legislature to interfere." If Mr.
+    Fish has rights under these grants, and by virtue of his settlement,
+    I know you will agree with me, that the Legislature can do nothing
+    to divest him of them. And if he had no such right, we were not
+    disposed to create them. I am entirely satisfied with the course
+    which the Committee took in relation to the parsonage; and the
+    circumstance that questions are now agitated in relation to it, show
+    that in one particular, at least, the Committee acted judiciously.
+    We left the parsonage precisely as we found it; leaving to another
+    branch of the government the appropriate responsibility of settling
+    all questions growing out of the grant of 1783, the confirmation of
+    1809, and the settlement of Mr. Fish. Could we by legislation settle
+    those questions, it might have been our  duty to do so, for the
+    sake of the harmony of the District. But it seems to me that any
+    such attempt would have had a tendency to create new difficulties,
+    rather than to diminish old ones.
+
+    A word in regard to my advice to Mr. Fish. I received a letter
+    from Mr. Fish some time since, in which he expressed some
+    apprehensions that an attempt would be made by the natives
+    to take possession of the Meeting-house, parsonage, &c. His
+    letter enclosed rather a singular communication, signed by the
+    Selectmen of Marshpee. I did not keep a copy of my answer
+    to Mr. Fish, but recollect distinctly the substance of it. I
+    alluded to the authority of the Legislature in the premises
+    as I have above. That they intended to leave the parsonage
+    as they found it, without undertaking to limit or modify
+    the effect of former acts. That the appropriate mode for the
+    natives to ascertain their rights to, or to obtain possession
+    of, the parsonage, &c. was by resorting to the courts.
+    That any forcible attempt by single individuals to obtain
+    possession of the Meeting-house, &c. would be a trespass; that
+    if numbers combined for that purpose, it would constitute
+    a riot. I take it I hazarded no professional reputation by
+    giving these opinions. For you very well know, that they would
+    be correct, Mr. Fish being in peaceable possession of the
+    premises, whether he were so by seisin or disseisin, by right
+    or by wrong. I hope, my dear sir, that our experiment in
+    regard to the affairs of our Marshpee friends may yet succeed.
+    If not, I think we may console ourselves as one of old did:
+    that if Rome must fall, we are innocent.
+
+    I am, very respectfully yours,
+        J. BARTON.
+
+The Legislature having thus left the question, to be decided by the
+Courts, if Mr. Fish insists on holding the parsonage, the inquiry must
+arise on legal principles, how was Mr. Fish settled in Marshpee, and
+by what right does he, as a sole corporation, or otherwise, hold the
+parsonage, as an allotment set apart forever for the support of a
+Congregational minister, in Marshpee? Harvard College in which he was
+then, or had been a tutor, sent him there as a missionary under
+the Williams fund. The Legislature took no part whatever in the
+settlement. The Overseers permitted him to take possession of the
+Meeting-house and the parsonage land, so called, and it is understood
+that they consented he should cut the annual growth of the wood off
+the parsonage. But even admitting that the Overseers could so dispose
+of the property of the Indians, for promoting a particular religious
+worship in Marshpee, (which is explicitly denied,) could they convey
+any thing to Mr. Fish beyond the period of their own existence? By the
+law establishing the Overseers, they had no power beyond leasing land
+for two years. How then, could the Overseers grant for life to Mr.
+Fish the improvement of the parsonage and Meeting-house? They might
+have given it to him from year to year, while they were in office, but
+on the abolition of the Overseers, in 1834, and a restoration of
+civil rights to the owners of the fee of the parsonage, the Marshpee
+Proprietors, how could Mr. Fish continue to hold the parsonage against
+their will? Was it by virtue of his settlement, so that he now claims
+the land as a sole corporation? But a minister cannot be settled or
+constituted a sole corporation, without a parish to settle him. "A
+minister of a parish seized of lands in its _right_ as parsonage
+lands, is _a sole corporation_, and on a vacancy, the parish is
+entitled to the profits;" 2d Dane's Abrg. 342. 7 Mass. Rep. 445. Mr.
+Fish is not seized of a parsonage in right of any parish or religious
+society, and therefore he cannot be a sole corporation. In point of
+fact, there was no legal parish in Marshpee, when Mr. Fish went there
+and took possession, under the Overseers, and not in right of
+the parish. A parish or precinct as the law then was, must be a
+corporation entitled and required to support public worship, and
+having all the powers and privileges necessary for that purpose. (See
+8th Mass. Rep. 91.) And where there has been no parish as such created
+in a town, the town itself will be considered a parish. (15 Mass. Rep.
+296.) Marshpee was not a town. The Marshpee Indians were minors in
+law, and there was no legal parish to settle a minister, or to hold a
+parsonage, and no one to make contracts as such. Harvard College had
+no power to settle a minister in Marshpee, nor had the Overseers any
+such power. Their supervision was temporal and not ecclesiastical.
+Besides, the actual Congregational society which subsisted in
+Marshpee, when Mr. Fish was sent there, in 1811, was composed of a
+majority of _whites_. Mr. Fish himself testified before the Committee,
+that the church at Marshpee, in 1811, consisted of sixteen whites
+and but five colored persons. The church members were a majority of
+whites, so that even had the church voted to settle Mr. Fish, it would
+have been a vote of white men having no interest in the premises, and
+not of Indian Proprietors. Mr. Fish admits that the church passed no
+vote. It was asserted by one of the old Overseers, Mr. Hawley, that
+five Indians called on him, after Mr. Fish had preached there, and
+personally expressed a wish to have him stay with them, but there was
+no official act, and no vote of the church or society, and no assent
+of the Proprietors of Marshpee in any form.
+
+Who were the Congregational church, and who the society in Marshpee,
+in 1811? A regularly gathered Congregational church, is composed
+of several persons associated by covenant or agreement of church
+fellowship, (9th Mass. 277.) and a church cannot exist for any legal
+purposes, except as connected with a congregation or some regularly
+constituted religious society. (16 Mass. 488.) Where there are no
+special powers given to the church by the Legislature, the church
+cannot contract with or settle a minister, but that power resides
+wholly in the parish, of which the members of the church, who _are
+inhabitants_, are a part. (9 Mass. Reports, 277. Burr vs. First Parish
+in Sandwich.)
+
+We have seen that there was no legal parish in Marshpee, in 1811, and
+therefore the Congregational church, if there were such then, had no
+power to settle Mr. Fish, even had they done so, which they did not.
+A parish may elect a public teacher, and contract to support him,
+without the consent of the church, if he be ordained by a council
+invited by the parish; but in Mr. Fish's case, he was ordained by the
+request and under the direction of the President and Corporation of
+Harvard College, the Trustees of the Williams fund, with the assent of
+the Overseers. There is then no ground whatever for assuming that
+Mr. Fish ever was settled legally over a Congregational parish in
+Marshpee, so as to establish him a sole corporation, to hold the lands
+belonging to the Proprietors of Marshpee, under the dedication deed of
+1783. If that deed and the subsequent act of 1809, conveyed any thing,
+the conveyance was for the use of the inhabitants as a parsonage,
+there being no parish in Marshpee, distinct from the Plantation. In
+such case, it would be held to be a grant to Marshpee, (that is
+the town,) for the use of its ministers, (14 Mass. 333.) The grant,
+therefore, could it be regarded as such, was to the whole Proprietors
+of Marshpee, and they must first settle a minister before he could
+claim the use of the grant as a minister of the parish.
+
+Neither has Mr. Fish, even if he had been legally settled, any just
+right, under the deed of 1783, to take the whole parsonage, because
+that deed states the principal object of the sequestration of the land
+to be, for the important purpose of promoting the gospel in Marshpee,
+and merely referred to the only worship then known there, which was
+Congregational. When Mr. Fish went there in 1811, there was a Baptist
+church, and they objected to his taking possession of the parsonage.
+
+There is a case in point in the 13th Mass. Rep. 190, which decides,
+that where the original Proprietors of a township appropriated a lot
+of land for a parsonage, and at the same time voted that they would
+endeavor that a Congregational minister should be settled in the
+township, such vote ought not to be construed to limit the benefit of
+the parsonage to a minister of the Congregational order, and that if
+the inhabitants of the parish should become Christians of any other
+Protestant sect, they would be entitled to the land, and that a
+Congregational society, incorporated as a full parish would have no
+right to the parsonage. Neither can a parish convey a parsonage to a
+minister to be held by him in his personal right. By this decision,
+the Baptist or Methodist church in Marshpee have as good claim to the
+parsonage as Mr. Fish has.
+
+The dedication, or whatever it may be called, of Marshpee parsonage,
+was made by Lot Nye, &c. in 1783, and confirmed in 1809, by the
+General Court. Mr. Fish did not become a minister in Marshpee, until
+1811. Whoever settled him there, for the Indians did not, made no
+stipulation as to the income of the parsonage, which could bind the
+Plantation. The society only, could make such stipulation, and they
+did not act in the premises. The Overseers could make no stipulation
+either to bind the parish or the proprietors, because their power only
+extended to giving a lease of land not exceeding two years. In the
+case of Thompson vs. the Catholic-Congregational Society in
+Rehoboth, (5th Pickering, 469,) it was settled that where there was
+a ministerial fund in a parish, and the society settled a minister
+stipulating to pay him a salary, without taking any notice of the
+income of the fund, he must be considered as accepting the salary as
+a full compensation, and the society are entitled to the fund. Harvard
+College settled Mr. Fish in Marshpee, and agreed to pay him about five
+hundred dollars, or two-thirds the proceeds of the Williams fund. The
+society to which Mr. Fish was sent to preach, took no notice of the
+parsonage, nor did the Proprietors of Marshpee, hence Mr. Fish cannot
+hold the proceeds of the parsonage by right of succession, or by
+stipulation, either from the society or the Marshpee Proprietors, and
+therefore the Proprietors of Marshpee are entitled to the parsonage.
+
+There is one other consideration that might legally deprive Mr.
+Fish of his rights in the parsonage, even if he acquired any by the
+transaction in 1811, which is denied. When he went to Marshpee, and
+first preached there, he was of the Unitarian faith, and so continued
+some time. Subsequently, (and most undoubtedly from high conscientious
+motives,) he became Orthodox in his creed, and has remained so ever
+since. [This fact has been named by the President of Harvard College,
+as one reason why the Williams fund has continued to be diverted from
+its proper use; the delicacy Harvard College felt at dismissing Mr.
+Fish, lest it should be ascribed to persecution, for his change of
+sentiments from Unitarian to Orthodox.]
+
+But if Mr. Fish claims to hold the parsonage by the "_laws_," he must
+be governed by the decision of the Court in the celebrated case
+of Burr, vs. the first parish in Sandwich. Mr. Burr was settled an
+Unitarian, and became Orthodox, and this the Supreme Court decided was
+just cause for the parish to dismiss him. Chief Justice Parsons,
+said in that case, that "according to the almost immemorial usage
+of Congregational churches, before the parish settle a minister, he
+preaches with them as a candidate for settlement, with the intent of
+declaring his religious faith, and if he is afterwards settled, it is
+understood that the greater part of the parish and church agree in his
+religious sentiments and opinions. If afterwards the minister adopts
+a new system of divinity, the parish retaining their former religious
+belief, so that the minister would not have been settled on his
+present system, in our opinion the parish have good cause to
+complain." On this ground the Court decided that Mr. Burr had
+forfeited his settlement.
+
+The principle is the same applied to the relation Mr. Fish holds
+to the Marshpee Indians. He was placed over them by others, and the
+Indians are now compelled either to lose all the benefits of their own
+parsonage, or to hear a man in whose doctrines they do not believe,
+and whom they cannot consent to take as their spiritual teacher.
+
+Upon a full investigation into this branch of the inquiry, there seems
+to be no legal or equitable ground, on which Mr. Fish can claim to
+hold the parsonage and Meeting-house against the Proprietors, and he
+must therefore, be regarded as a trespasser, liable to be ejected,
+and the men he employs to cut and cart wood from the plantation, are
+liable to indictment under the new law of 1834.
+
+The invalidity of title, is however, a still stronger ground against
+Mr. Fish's right of adverse occupancy, which he now holds, and a case
+in principle precisely like this, has been decided by the Supreme
+Court of Massachusetts. It occurred in 1798, before there was a
+reporter of the Supreme Court. Hon John Davis, United States District
+Judge, was counsel for the Indians, and Samuel Dexter, for the
+defendant. It was tried on a demurrer, before the Supreme Court in
+Barnstable, upon an action of ejectment, Proprietors of Marshpee, vs.
+Ebenezer Crocker. Judge Paine delivered the opinion of the Court in
+favor of the Indians. Judge Benjamin Whitman of Boston, was also, we
+believe, concerned in the cause. The substance of the case, as stated
+by Judge Davis and Judge Whitman, was thus:
+
+Ebenezer Crocker of Cotuet, had furnished an Indian woman, (known
+as the Indian Queen,) with supplies for many years. She occupied and
+claimed in severalty as her own, a valuable tract of about 200 acres
+of land on the Marshpee Plantation, called the neck, of which tract
+she gave a deed in fee, some time before her death, to said Crocker,
+in consideration of the support he had given her. The consideration
+at that time, was not very greatly disproportioned to the value of
+the land. After her death, she having left no heirs, the grantee,
+Mr. Crocker, who was an influential member of the General Court,
+petitioned that body and procured a full confirmation of the deed
+to him, in the same manner the General Court in 1809, confirmed the
+parsonage deed of 1783, except that there was not so long a time
+intervening between Mr. Crocker's receiving the deed from the Indian
+Queen in her life time, and its full confirmation by the General Court
+after her death.
+
+This took place previous to the law of 1788, putting the Indians under
+guardianship, when either the law of 1693 or the charter of 1763, was
+in force.[3] When the white Overseers came in, in 1798, they found
+Crocker in possession of this land, under the above title, and they
+employed Judge John Davis, as counsel, to vacate the deed and the
+act of the General Court. Judge Davis brought an action of ejectment
+against Crocker, (not in the name of the Overseers,) but in the name
+of the Proprietors of Marshpee, whose property he claimed, was as
+tenants in common, on the ground that the old Queen, though she
+occupied it in severalty during her life, could not, as one tenant in
+common, convey the interest of her co-tenants in common. It was tried
+in the Supreme Court, and the deed was set aside, for insufficiency
+of title. This insufficiency of title vitiated the conveyance on the
+ground that the old Queen had no power to convey when she made the
+deed, and that the General Court had no power to make good, by a
+resolve, a title originally invalid.
+
+Crocker also set up the claim of quiet possession, for thirty years,
+which it was supposed would secure the title; but the Court decided
+that this gave no title, and the land was restored to the Indians, and
+now forms a portion of their common land. Mr. Crocker of course, lost
+all he had furnished to the old Queen, and in this respect, his
+case was harder than it would be, were Mr. Fish dispossessed of the
+parsonage, after enjoying it for twenty-four years, without any title
+thereto. It would he difficult for any lawyer to show why Crocker's
+deed confirmed by the General Court, should have been set aside in
+1798, and Lot Nye's deed, of the parsonage, be held valid in 1834.
+
+On referring to my minutes of the trial of the petition of the
+Indians, for their liberty, in 1834, before a Committee of the
+Legislature, I find the following facts stated by Rev. Phineas Fish,
+who was a witness before that Committee. They will throw some light on
+the subject of inquiry.
+
+    _Rev. Phineas Fish_, sworn. Testifies that he was ordained
+    at Marshpee in 1811. Was invited there by the Overseers of
+    Marshpee. There were five persons of color belonging to the
+    church, and sixteen whites. At the ordination, a white
+    man rose up and protested against it. He said all were not
+    satisfied. It was not a vote of the Indians by which he was
+    settled, and no vote of the church was taken. Five Indians had
+    expressed a wish that he would remain. He received two-thirds
+    of the Williams fund, from Harvard College. It had varied from
+    390 to 433 dollars. Received about 150 dollars per year from
+    the wood-land of the parsonage. Has built a dwelling house,
+    and made improvements on an acre and a half of land of the
+    plantation, of which he holds a deed from the Overseers,
+    confirmed by a resolve of the General Court.
+
+    _Mr. Gideon Hawley_ testified that the Meeting-house was
+    built by the funds of the English Society for propagating the
+    gospel, before 1757, when his father was sent as a missionary
+    to the Indians, by the London Missionary Society. In 1817,
+    five hundred dollars were granted on petition of the Indians,
+    as a donation by the Legislature, to repair the church for the
+    Marshpee Indians. After Mr. Fish had preached in Marshpee, 5
+    Indians came to Mr. Hawley and expressed a wish he would stay
+    with them. There was no vote and no record. Before his father
+    came to Marshpee, in 1757, Bryant, an Indian preacher, used to
+    preach to the Indians, in the Meeting-house. The missionary,
+    (Mr. Hawley,) received one hundred dollars annually, from
+    Harvard College, of the Williams fund. In 1778, the Indians
+    gave the missionary, Mr. Hawley, two hundred acres of land,
+    which witness inherits. [The validity of this title is not
+    disputed.]
+
+    _Hon. Charles Marston_, (one of the Overseers,) testified that
+    Mr. Fish had a Sunday School, principally composed of white
+    children. He did not recollect ever seeing more than eight
+    colored children in it. There were more whites. The Overseers
+    paid the school mistress seven and sixpence a week, and she
+    board herself. To an Indian, who kept school in winter, were
+    paid twelve and nineteen dollars a month. The whites who
+    attend Mr. Fish's meeting, never pay any thing to him or the
+    church. When the tax was required in parishes, many whites got
+    rid of their tax by attending Mr. Fish's meeting. There was
+    always twice as many whites as blacks in the society. Last
+    summer, (1833,) he counted eighteen colored persons, and
+    twice that number of whites. Mr. Dwight, one of the Committee,
+    asked, if so many whites being there, did not tend to
+    discourage the Indians from being interested in the meeting?
+    Mr. Marston thought it might.
+
+    _Deacon Isaac Coombs_, who had been twenty years a deacon in
+    Mr. Fish's church, changed his sentiments, and was baptized
+    by immersion. He testified before the Committee of the
+    Legislature, that when he told Mr. Fish he had been baptized
+    again, Mr. Fish said, "that was rank poison, and that he
+    should expect some dreadful judgment would befal me." Deacon
+    Coombs, who is sixty years old, testified also, that the
+    Meeting-house was built for the use of the Indians. No one
+    could remember when it was built. There was but one colored
+    male church member, when Mr. Fish came to Marshpee, in
+    1811. He further stated to the Committee that his family got
+    discouraged going to Mr. Fish's meeting, from the preference
+    he gave to the whites. He did not come to see his family, and
+    lost his influence by taking part with the guardians against
+    the Indians. There was a difficulty in Mr. Fish's meeting
+    about the singing. The colored people were put back, and the
+    whites took the lead. Mr. Fish has 50 or 60 acres of pasture,
+    East of the river, besides the parsonage.
+
+       *       *       *       *       *
+
+I have thus given my views of the law and the facts, touching the
+parsonage in Marshpee, in order that the Indians and their Selectmen
+who have desired legal advice on the subject, may fully understand
+their rights. I am confident they will never attempt to obtain those
+rights, except in a legal and peaceable way. The Courts at Barnstable,
+it is said, are closed to them, in the way pointed out by the law, the
+District Attorney refusing to prosecute the men who cut wood on the
+parsonage. I invite the attention of that acute and learned officer,
+Charles H. Warren, Esq. to the points made in this opinion, well
+assured that if it can be refuted by any professional gentleman, it
+can be done by him. If he cannot do so, I hope he will permit the
+title of the parsonage to be brought before the Court, under an
+indictment for cutting wood contrary to the act of 1834. I regret the
+necessity of presenting arguments to dispossess Mr. Fish of what he
+doubtless supposes be lawfully holds; but I am looking for the rights
+and the property of the Indians, and am not at liberty to consult
+personal feelings, that would certainly induce me to favor the Rev.
+Mr. Fish, as soon as any man in his situation. I think it as important
+to him as to the Indians, that the title to the parsonage should be
+settled, for there will be feuds, and divisions, and strifes, as long
+as that property remains as it now is, wrongfully taken and withheld
+from the Indians, to support an "ESTABLISHED CHURCH," in Marshpee.
+With this view I have proposed to Mr. Fish, in behalf of the Indians,
+to make up an amicable suit, before the Supreme Court, and obtain
+their opinion, and the parties be governed by it. The Indians are
+ready to submit it to such an arbitration. Mr. Fish declines. The
+only other remedy is an injunction in chancery, to stop the cutting of
+wood. The Indians are not well able to bear the expense, at present,
+or this course would be taken to recover their property. Until some
+legal decision is had, Mr. Fish cannot but see, from an examination of
+the legal grounds set forth herein, that there are strong reasons
+for regarding him as holding in his possession that which rightfully
+belongs to another. The public will not be satisfied, until the rights
+of the Indians are fully secured. I have always been desirous that Mr.
+Fish should not be disturbed in his house lot, and for my own part,
+it would give me pleasure, should the Indians, immediately, on getting
+legal possession of their own parsonage, unanimously invite him
+to settle over them. But so long as he withholds from them their
+property, it cannot be expected that they should receive him as their
+spiritual teacher. It is in direct violation of the Constitution and
+of religious freedom.
+
+      BENJAMIN F. HALLETT,
+      _Counsel for the Marshpee Indians.
+      Boston, May, 20, 1835_.
+
+The Selectmen of Marshpee District, are at liberty to make such use of
+the foregoing, as they think proper.
+
+[Footnote 1: He is not an Indian, nor an original proprietor.]
+
+[Footnote 2: This was Mr. Alvin Crocker, who had formerly enjoyed more
+benefits from the Plantation, than he does under the new law.]
+
+[Footnote 3: In June, 1763, the Governor and Council appointed
+Thomas Smith, Isaac Hinckley and Gideon Hawley, "pursuant to an act
+empowering them to appoint certain persons to have the inspection of
+the Plantation of Marshpee."]
+
+
+
+
+CONCLUDING OBSERVATIONS.
+
+
+If, in the course of this little volume, I have been obliged to use
+language that seems harsh, I beg my readers to remember that it was in
+defence of the character of the people under my spiritual charge and
+of my own. The Marshpees have been reviled and misrepresented in the
+public prints, as much more indolent, ignorant, and degraded than
+they really are, and it was necessary, for their future welfare, as
+it depends in no small degree upon the good opinion of their white
+brethren, to state the real truth of the case, which could not be done
+in gentle terms. The causes which have retarded our improvement could
+not be explained without naming the individuals who have been the
+willing instruments to enforce them.
+
+For troubling my readers with so much of my own affairs, I have this
+excuse. I have been assailed by the vilest calumnies; represented as
+an exciter of sedition, a hypocrite and a gambler. These slanders,
+though disproved, still continue to circulate. Though an Indian, I
+am at least a man, with all the feelings proper to humanity, and
+my reputation is dear to me; and I conceive it to be my duty to the
+children I shall leave behind me, as well as to myself, not to leave
+them the inheritance of a blasted name. In so doing, I humbly presume
+to think, I have not exceeded the moderation, proper for a Christian
+man to use.
+
+    WILLIAM APES.
+
+
+
+
+
+
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Indian Nullification of the
+Unconstitutional Laws of Massachusetts, by William Apes
+
+*** END OF THIS PROJECT GUTENBERG EBOOK INDIAN NULLIFICATION ***
+
+***** This file should be named 12486-8.txt or 12486-8.zip *****
+This and all associated files of various formats will be found in:
+        https://www.gutenberg.org/1/2/4/8/12486/
+
+Produced by David Starner, Leah Moser and the Online Distributed
+Proofreading Team.
+
+
+Updated editions will replace the previous one--the old editions
+will be renamed.
+
+Creating the works from public domain print editions means that no
+one owns a United States copyright in these works, so the Foundation
+(and you!) can copy and distribute it in the United States without
+permission and without paying copyright royalties.  Special rules,
+set forth in the General Terms of Use part of this license, apply to
+copying and distributing Project Gutenberg-tm electronic works to
+protect the PROJECT GUTENBERG-tm concept and trademark.  Project
+Gutenberg is a registered trademark, and may not be used if you
+charge for the eBooks, unless you receive specific permission.  If you
+do not charge anything for copies of this eBook, complying with the
+rules is very easy.  You may use this eBook for nearly any purpose
+such as creation of derivative works, reports, performances and
+research.  They may be modified and printed and given away--you may do
+practically ANYTHING with public domain eBooks.  Redistribution is
+subject to the trademark license, especially commercial
+redistribution.
+
+
+
+*** START: FULL LICENSE ***
+
+THE FULL PROJECT GUTENBERG LICENSE
+PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
+
+To protect the Project Gutenberg-tm mission of promoting the free
+distribution of electronic works, by using or distributing this work
+(or any other work associated in any way with the phrase "Project
+Gutenberg"), you agree to comply with all the terms of the Full Project
+Gutenberg-tm License (available with this file or online at
+https://gutenberg.org/license).
+
+
+Section 1.  General Terms of Use and Redistributing Project Gutenberg-tm
+electronic works
+
+1.A.  By reading or using any part of this Project Gutenberg-tm
+electronic work, you indicate that you have read, understand, agree to
+and accept all the terms of this license and intellectual property
+(trademark/copyright) agreement.  If you do not agree to abide by all
+the terms of this agreement, you must cease using and return or destroy
+all copies of Project Gutenberg-tm electronic works in your possession.
+If you paid a fee for obtaining a copy of or access to a Project
+Gutenberg-tm electronic work and you do not agree to be bound by the
+terms of this agreement, you may obtain a refund from the person or
+entity to whom you paid the fee as set forth in paragraph 1.E.8.
+
+1.B.  "Project Gutenberg" is a registered trademark.  It may only be
+used on or associated in any way with an electronic work by people who
+agree to be bound by the terms of this agreement.  There are a few
+things that you can do with most Project Gutenberg-tm electronic works
+even without complying with the full terms of this agreement.  See
+paragraph 1.C below.  There are a lot of things you can do with Project
+Gutenberg-tm electronic works if you follow the terms of this agreement
+and help preserve free future access to Project Gutenberg-tm electronic
+works.  See paragraph 1.E below.
+
+1.C.  The Project Gutenberg Literary Archive Foundation ("the Foundation"
+or PGLAF), owns a compilation copyright in the collection of Project
+Gutenberg-tm electronic works.  Nearly all the individual works in the
+collection are in the public domain in the United States.  If an
+individual work is in the public domain in the United States and you are
+located in the United States, we do not claim a right to prevent you from
+copying, distributing, performing, displaying or creating derivative
+works based on the work as long as all references to Project Gutenberg
+are removed.  Of course, we hope that you will support the Project
+Gutenberg-tm mission of promoting free access to electronic works by
+freely sharing Project Gutenberg-tm works in compliance with the terms of
+this agreement for keeping the Project Gutenberg-tm name associated with
+the work.  You can easily comply with the terms of this agreement by
+keeping this work in the same format with its attached full Project
+Gutenberg-tm License when you share it without charge with others.
+
+1.D.  The copyright laws of the place where you are located also govern
+what you can do with this work.  Copyright laws in most countries are in
+a constant state of change.  If you are outside the United States, check
+the laws of your country in addition to the terms of this agreement
+before downloading, copying, displaying, performing, distributing or
+creating derivative works based on this work or any other Project
+Gutenberg-tm work.  The Foundation makes no representations concerning
+the copyright status of any work in any country outside the United
+States.
+
+1.E.  Unless you have removed all references to Project Gutenberg:
+
+1.E.1.  The following sentence, with active links to, or other immediate
+access to, the full Project Gutenberg-tm License must appear prominently
+whenever any copy of a Project Gutenberg-tm work (any work on which the
+phrase "Project Gutenberg" appears, or with which the phrase "Project
+Gutenberg" is associated) is accessed, displayed, performed, viewed,
+copied or distributed:
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+1.E.2.  If an individual Project Gutenberg-tm electronic work is derived
+from the public domain (does not contain a notice indicating that it is
+posted with permission of the copyright holder), the work can be copied
+and distributed to anyone in the United States without paying any fees
+or charges.  If you are redistributing or providing access to a work
+with the phrase "Project Gutenberg" associated with or appearing on the
+work, you must comply either with the requirements of paragraphs 1.E.1
+through 1.E.7 or obtain permission for the use of the work and the
+Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
+1.E.9.
+
+1.E.3.  If an individual Project Gutenberg-tm electronic work is posted
+with the permission of the copyright holder, your use and distribution
+must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
+terms imposed by the copyright holder.  Additional terms will be linked
+to the Project Gutenberg-tm License for all works posted with the
+permission of the copyright holder found at the beginning of this work.
+
+1.E.4.  Do not unlink or detach or remove the full Project Gutenberg-tm
+License terms from this work, or any files containing a part of this
+work or any other work associated with Project Gutenberg-tm.
+
+1.E.5.  Do not copy, display, perform, distribute or redistribute this
+electronic work, or any part of this electronic work, without
+prominently displaying the sentence set forth in paragraph 1.E.1 with
+active links or immediate access to the full terms of the Project
+Gutenberg-tm License.
+
+1.E.6.  You may convert to and distribute this work in any binary,
+compressed, marked up, nonproprietary or proprietary form, including any
+word processing or hypertext form.  However, if you provide access to or
+distribute copies of a Project Gutenberg-tm work in a format other than
+"Plain Vanilla ASCII" or other format used in the official version
+posted on the official Project Gutenberg-tm web site (www.gutenberg.org),
+you must, at no additional cost, fee or expense to the user, provide a
+copy, a means of exporting a copy, or a means of obtaining a copy upon
+request, of the work in its original "Plain Vanilla ASCII" or other
+form.  Any alternate format must include the full Project Gutenberg-tm
+License as specified in paragraph 1.E.1.
+
+1.E.7.  Do not charge a fee for access to, viewing, displaying,
+performing, copying or distributing any Project Gutenberg-tm works
+unless you comply with paragraph 1.E.8 or 1.E.9.
+
+1.E.8.  You may charge a reasonable fee for copies of or providing
+access to or distributing Project Gutenberg-tm electronic works provided
+that
+
+- You pay a royalty fee of 20% of the gross profits you derive from
+     the use of Project Gutenberg-tm works calculated using the method
+     you already use to calculate your applicable taxes.  The fee is
+     owed to the owner of the Project Gutenberg-tm trademark, but he
+     has agreed to donate royalties under this paragraph to the
+     Project Gutenberg Literary Archive Foundation.  Royalty payments
+     must be paid within 60 days following each date on which you
+     prepare (or are legally required to prepare) your periodic tax
+     returns.  Royalty payments should be clearly marked as such and
+     sent to the Project Gutenberg Literary Archive Foundation at the
+     address specified in Section 4, "Information about donations to
+     the Project Gutenberg Literary Archive Foundation."
+
+- You provide a full refund of any money paid by a user who notifies
+     you in writing (or by e-mail) within 30 days of receipt that s/he
+     does not agree to the terms of the full Project Gutenberg-tm
+     License.  You must require such a user to return or
+     destroy all copies of the works possessed in a physical medium
+     and discontinue all use of and all access to other copies of
+     Project Gutenberg-tm works.
+
+- You provide, in accordance with paragraph 1.F.3, a full refund of any
+     money paid for a work or a replacement copy, if a defect in the
+     electronic work is discovered and reported to you within 90 days
+     of receipt of the work.
+
+- You comply with all other terms of this agreement for free
+     distribution of Project Gutenberg-tm works.
+
+1.E.9.  If you wish to charge a fee or distribute a Project Gutenberg-tm
+electronic work or group of works on different terms than are set
+forth in this agreement, you must obtain permission in writing from
+both the Project Gutenberg Literary Archive Foundation and Michael
+Hart, the owner of the Project Gutenberg-tm trademark.  Contact the
+Foundation as set forth in Section 3 below.
+
+1.F.
+
+1.F.1.  Project Gutenberg volunteers and employees expend considerable
+effort to identify, do copyright research on, transcribe and proofread
+public domain works in creating the Project Gutenberg-tm
+collection.  Despite these efforts, Project Gutenberg-tm electronic
+works, and the medium on which they may be stored, may contain
+"Defects," such as, but not limited to, incomplete, inaccurate or
+corrupt data, transcription errors, a copyright or other intellectual
+property infringement, a defective or damaged disk or other medium, a
+computer virus, or computer codes that damage or cannot be read by
+your equipment.
+
+1.F.2.  LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
+of Replacement or Refund" described in paragraph 1.F.3, the Project
+Gutenberg Literary Archive Foundation, the owner of the Project
+Gutenberg-tm trademark, and any other party distributing a Project
+Gutenberg-tm electronic work under this agreement, disclaim all
+liability to you for damages, costs and expenses, including legal
+fees.  YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
+LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
+PROVIDED IN PARAGRAPH F3.  YOU AGREE THAT THE FOUNDATION, THE
+TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
+LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
+INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
+DAMAGE.
+
+1.F.3.  LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
+defect in this electronic work within 90 days of receiving it, you can
+receive a refund of the money (if any) you paid for it by sending a
+written explanation to the person you received the work from.  If you
+received the work on a physical medium, you must return the medium with
+your written explanation.  The person or entity that provided you with
+the defective work may elect to provide a replacement copy in lieu of a
+refund.  If you received the work electronically, the person or entity
+providing it to you may choose to give you a second opportunity to
+receive the work electronically in lieu of a refund.  If the second copy
+is also defective, you may demand a refund in writing without further
+opportunities to fix the problem.
+
+1.F.4.  Except for the limited right of replacement or refund set forth
+in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO OTHER
+WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
+WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE.
+
+1.F.5.  Some states do not allow disclaimers of certain implied
+warranties or the exclusion or limitation of certain types of damages.
+If any disclaimer or limitation set forth in this agreement violates the
+law of the state applicable to this agreement, the agreement shall be
+interpreted to make the maximum disclaimer or limitation permitted by
+the applicable state law.  The invalidity or unenforceability of any
+provision of this agreement shall not void the remaining provisions.
+
+1.F.6.  INDEMNITY - You agree to indemnify and hold the Foundation, the
+trademark owner, any agent or employee of the Foundation, anyone
+providing copies of Project Gutenberg-tm electronic works in accordance
+with this agreement, and any volunteers associated with the production,
+promotion and distribution of Project Gutenberg-tm electronic works,
+harmless from all liability, costs and expenses, including legal fees,
+that arise directly or indirectly from any of the following which you do
+or cause to occur: (a) distribution of this or any Project Gutenberg-tm
+work, (b) alteration, modification, or additions or deletions to any
+Project Gutenberg-tm work, and (c) any Defect you cause.
+
+
+Section  2.  Information about the Mission of Project Gutenberg-tm
+
+Project Gutenberg-tm is synonymous with the free distribution of
+electronic works in formats readable by the widest variety of computers
+including obsolete, old, middle-aged and new computers.  It exists
+because of the efforts of hundreds of volunteers and donations from
+people in all walks of life.
+
+Volunteers and financial support to provide volunteers with the
+assistance they need, is critical to reaching Project Gutenberg-tm's
+goals and ensuring that the Project Gutenberg-tm collection will
+remain freely available for generations to come.  In 2001, the Project
+Gutenberg Literary Archive Foundation was created to provide a secure
+and permanent future for Project Gutenberg-tm and future generations.
+To learn more about the Project Gutenberg Literary Archive Foundation
+and how your efforts and donations can help, see Sections 3 and 4
+and the Foundation web page at https://www.pglaf.org.
+
+
+Section 3.  Information about the Project Gutenberg Literary Archive
+Foundation
+
+The Project Gutenberg Literary Archive Foundation is a non profit
+501(c)(3) educational corporation organized under the laws of the
+state of Mississippi and granted tax exempt status by the Internal
+Revenue Service.  The Foundation's EIN or federal tax identification
+number is 64-6221541.  Its 501(c)(3) letter is posted at
+https://pglaf.org/fundraising.  Contributions to the Project Gutenberg
+Literary Archive Foundation are tax deductible to the full extent
+permitted by U.S. federal laws and your state's laws.
+
+The Foundation's principal office is located at 4557 Melan Dr. S.
+Fairbanks, AK, 99712., but its volunteers and employees are scattered
+throughout numerous locations.  Its business office is located at
+809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email
+business@pglaf.org.  Email contact links and up to date contact
+information can be found at the Foundation's web site and official
+page at https://pglaf.org
+
+For additional contact information:
+     Dr. Gregory B. Newby
+     Chief Executive and Director
+     gbnewby@pglaf.org
+
+Section 4.  Information about Donations to the Project Gutenberg
+Literary Archive Foundation
+
+Project Gutenberg-tm depends upon and cannot survive without wide
+spread public support and donations to carry out its mission of
+increasing the number of public domain and licensed works that can be
+freely distributed in machine readable form accessible by the widest
+array of equipment including outdated equipment.  Many small donations
+($1 to $5,000) are particularly important to maintaining tax exempt
+status with the IRS.
+
+The Foundation is committed to complying with the laws regulating
+charities and charitable donations in all 50 states of the United
+States.  Compliance requirements are not uniform and it takes a
+considerable effort, much paperwork and many fees to meet and keep up
+with these requirements.  We do not solicit donations in locations
+where we have not received written confirmation of compliance.  To
+SEND DONATIONS or determine the status of compliance for any
+particular state visit https://pglaf.org
+
+While we cannot and do not solicit contributions from states where we
+have not met the solicitation requirements, we know of no prohibition
+against accepting unsolicited donations from donors in such states who
+approach us with offers to donate.
+
+International donations are gratefully accepted, but we cannot make
+any statements concerning tax treatment of donations received from
+outside the United States.  U.S. laws alone swamp our small staff.
+
+Please check the Project Gutenberg Web pages for current donation
+methods and addresses.  Donations are accepted in a number of other
+ways including including checks, online payments and credit card
+donations.  To donate, please visit: https://pglaf.org/donate
+
+
+Section 5.  General Information About Project Gutenberg-tm electronic
+works.
+
+Professor Michael S. Hart was the originator of the Project Gutenberg-tm
+concept of a library of electronic works that could be freely shared
+with anyone.  For thirty years, he produced and distributed Project
+Gutenberg-tm eBooks with only a loose network of volunteer support.
+
+Project Gutenberg-tm eBooks are often created from several printed
+editions, all of which are confirmed as Public Domain in the U.S.
+unless a copyright notice is included.  Thus, we do not necessarily
+keep eBooks in compliance with any particular paper edition.
+
+Each eBook is in a subdirectory of the same number as the eBook's
+eBook number, often in several formats including plain vanilla ASCII,
+compressed (zipped), HTML and others.
+
+Corrected EDITIONS of our eBooks replace the old file and take over
+the old filename and etext number.  The replaced older file is renamed.
+VERSIONS based on separate sources are treated as new eBooks receiving
+new filenames and etext numbers.
+
+Most people start at our Web site which has the main PG search facility:
+
+     https://www.gutenberg.org
+
+This Web site includes information about Project Gutenberg-tm,
+including how to make donations to the Project Gutenberg Literary
+Archive Foundation, how to help produce our new eBooks, and how to
+subscribe to our email newsletter to hear about new eBooks.
+
+EBooks posted prior to November 2003, with eBook numbers BELOW #10000,
+are filed in directories based on their release date.  If you want to
+download any of these eBooks directly, rather than using the regular
+search system you may utilize the following addresses and just
+download by the etext year. For example:
+
+     https://www.gutenberg.org/etext06
+
+    (Or /etext 05, 04, 03, 02, 01, 00, 99,
+     98, 97, 96, 95, 94, 93, 92, 92, 91 or 90)
+
+EBooks posted since November 2003, with etext numbers OVER #10000, are
+filed in a different way.  The year of a release date is no longer part
+of the directory path.  The path is based on the etext number (which is
+identical to the filename).  The path to the file is made up of single
+digits corresponding to all but the last digit in the filename.  For
+example an eBook of filename 10234 would be found at:
+
+     https://www.gutenberg.org/1/0/2/3/10234
+
+or filename 24689 would be found at:
+     https://www.gutenberg.org/2/4/6/8/24689
+
+An alternative method of locating eBooks:
+     https://www.gutenberg.org/GUTINDEX.ALL
+
+
diff --git a/old/12486-8.zip b/old/12486-8.zip
new file mode 100644
index 0000000..3985dae
--- /dev/null
+++ b/old/12486-8.zip
diff --git a/old/12486.txt b/old/12486.txt
new file mode 100644
index 0000000..069925b
--- /dev/null
+++ b/old/12486.txt
@@ -0,0 +1,5981 @@
+The Project Gutenberg EBook of Indian Nullification of the
+Unconstitutional Laws of Massachusetts, by William Apes
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Indian Nullification of the Unconstitutional Laws of Massachusetts
+       Relative to the Marshpee Tribe: or, The Pretended Riot Explained
+
+Author: William Apes
+
+Release Date: June 2, 2004 [EBook #12486]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK INDIAN NULLIFICATION ***
+
+
+
+
+Produced by David Starner, Leah Moser and the Online Distributed
+Proofreading Team.
+
+
+
+
+
+
+[Illustration: MANNER OF INSTRUCTING THE INDIANS.]
+
+INDIAN NULLIFICATION OF THE UNCONSTITUTIONAL LAWS OF MASSACHUSETTS.
+RELATIVE TO THE MARSHPEE TRIBE: OR,
+THE PRETENDED RIOT EXPLAINED,
+
+
+BY WILLIAM APES, AN INDIAN AND PREACHER OF THE GOSPEL
+
+1835.
+
+
+
+
+Entered according to Act of Congress, in the year one thousand eight
+hundred and thirty-five, by WILLIAM APES, in the Clerk's Office of the
+District Court of Massachusetts.
+
+
+
+
+TO THE WHITE PEOPLE OF MASSACHUSETTS
+
+       *       *       *       *       *
+
+The red children of the soil of America address themselves to the
+descendants of the pale men who came across the big waters to seek
+among them a refuge from tyranny and persecution.
+
+We say to each and every one of you that the Great Spirit who is the
+friend of the Indian as well as of the white man, has raised up among
+you a brother of our own and has sent him to us that he might show us
+all the secret contrivances of the pale faces to deceive and defraud
+us. For this, many of our white brethren hate him, and revile him, and
+say all manner of evil of him; falsely calling him an impostor. Know,
+all men, that our brother APES is not such a man as they say. White
+men are the only persons who have imposed on us, and we say that we
+love our red brother, the Rev. WILLIAM APES, who preaches to us, and
+have all the confidence in him that we can put in any man, knowing him
+to be a devout Christian, of sound mind, of firm purpose, and worthy
+to be trusted by reason of his truth. We have never seen any reason to
+think otherwise.
+
+We send this forth to the world in love and friendship with all
+men, and especially with our brother APES, for whose benefit it is
+intended.
+
+Signed by the three Selectmen of the Marshpee Tribe, at the Council
+House, in Marshpee.
+
+ISRAEL AMOS, ISAAC COOMBS, EZRA ATTAQUIN.
+
+_March_, 19, 1835.
+
+
+
+
+BOSTON, OCTOBER 2, 1834,
+
+_To whom it may concern_.
+
+The undersigned was a native of the County of Barnstable, and was
+brought up near the Marshpee Indiana. He always regarded them as a
+people grievously oppressed by the whites, and borne down by laws
+which made them poor and enriched other men upon their property. In
+fact the Marshpee Indians, to whom our laws have denied all rights of
+property, have a higher title to their lands than the whites have, for
+our forefathers claimed the soil of this State by the _consent of the
+Indians_, whose title they thus admitted was better than their own.
+
+For a long time the Indians had been disaffected, but no one was
+energetic enough among them to combine them in taking measures for
+their rights. Every time they had petitioned the Legislature, the
+laws, by the management of the interested whites, had been made more
+severe against them. DANIEL AMOS, I believe, was the first one among
+them, who conceived the plan of freeing his tribe from slavery.
+WILLIAM APES, an Indian preacher, of the Pequod tribe, regularly
+ordained as a minister, came among these Indians, to preach. They
+invited him to assist them in getting their liberty. He had the talent
+they most stood in need of. He accordingly went forward, and the
+Indians declared that no man should take their wood off their
+plantation. APES and a number of other Indians quietly unloaded a load
+of wood, which a Mr. SAMPSON was carting off. For this, he and some
+others were indicted for a riot, upon grounds extremely doubtful in
+law, to say the least. Every person on the jury, who said he thought
+the Indians ought to have their liberty, was set aside. The three
+Indians were convicted, and APES was imprisoned thirty days.
+
+It was in this stage of the business, after the conviction, that I
+became the counsel of the Indians, and carried their claims to the
+Legislature, where they finally prevailed.
+
+The persons concerned in the riot, as it was called, and imprisoned
+for it, I think were as justifiable in what they did, as our fathers
+were, who threw the tea overboard; and to the energetic movements of
+WILLIAM APES, DANIEL AMOS and others, it was owing that an impression
+was made on the Legislature, which induced them to do partial justice
+toward this long oppressed race. The imprisonment of those men, in
+such a cause, I consider an honour to them, and no disgrace; no more
+than the confinement of our fathers, in the Jersey prison-ship.
+
+BENJAMIN F. HALLETT,
+
+_Counsel for the Marshpee Indian_.
+
+
+
+
+INTRODUCTION.
+
+       *       *       *       *       *
+
+The writer hopes that the public will give him credit for an intention
+to adhere rigidly to the truth, in presenting his views of the late
+difficulties of the Marshpee Tribe, as it is as much his wish as his
+intention to do justice to all his brethren, without distinction of
+colour. Yet he is sensible that he cannot write truly on this subject
+without attracting the worst wishes of those who are enemies to
+liberty, or would reserve it exclusively to themselves. Could he speak
+without incurring such enmity, he would be most happy to do so; but he
+is fully aware that he cannot even touch this matter without exposing
+himself to certain calumny. This has been his portion whenever he has
+attempted to plead the cause of his ignorant and ever-oppressed red
+brethren. Nevertheless, he will endeavour to speak independently, as
+if all men were his friends, and ready to greet him with thundering
+applause; and he would do so if their voices were to pronounce on him
+a sentence of everlasting disgrace. He writes not in the expectation
+of gathering wealth, or augmenting the number of his friends. But
+he has not the least doubt that all men who have regard to truth
+and integrity, will do justice to the uprightness of his intentions.
+(Heaven be praised! there are some such men in the world.) He is
+equally sure that the evidence contained in this little work will be
+satisfactory, as to all the points he wishes to establish, to all who
+are open to conviction.
+
+It is true that the author of this book is a member of the Marshpee
+Tribe, not by birth, but by adoption. How he has become one of that
+unfortunate people, and why he concerns himself about their affairs,
+will now be explained to the satisfaction of the reader. He wishes
+to say in the first place, that the causes of the prevalent prejudice
+against his race have been his study from his childhood upwards. That
+their colour should be a reason to treat one portion of the human race
+with insult and abuse has always seemed to him strange; believing
+that God has given to all men an equal right to possess and occupy the
+earth, and to enjoy the fruits thereof, without any such distinction.
+He has seen the beasts of the field drive each other out of their
+pastures, because they had the power to do so; and he knew that the
+white man had that power over the Indian which knowledge and superior
+strength give; but it has also occurred to him that Indians are men,
+not brutes, as the treatment they usually receive would lead us to
+think. Nevertheless, being bred to look upon Indians with dislike and
+detestation, it is not to be wondered that the whites regard them as
+on a footing with the brutes that perish. Doubtless there are many who
+think it granting us poor natives a great privilege to treat us with
+equal humanity. The author has often been told seriously, by sober
+persons, that his fellows were a link between the whites and the brute
+creation, an inferior race of men to whom the Almighty had less
+regard than to their neighbours, and whom he had driven from their
+possessions to make room for a race more favoured. Some have gone so
+far as to bid him remove and give place to that pure and excellent
+people who have ever despised his brethren and evil entreated them,
+both by precept and example.
+
+Assumption of this kind never convinced WILLIAM APES of its own
+justice. He is still the same unbelieving Indian that he ever was.
+Nay, more, he is not satisfied that the learned and professedly
+religious men who have thus addressed him, were more exclusively the
+favourites of his Creator than himself, though two of them at least
+have been hailed as among the first orators of the day, and spoke
+with an eloquence that might have moved stocks and stones. One of
+them dwells in New York and the other in Boston. As it would avail him
+little to bespeak the favour of the world in behalf of their opinions
+by mentioning their names, he will proceed with the matter in hand,
+viz. the troubles of the Marshpee people, and his own trial.
+
+
+
+
+INDIAN NULLIFICATION, &c.
+
+
+It being my desire, as well as my duty as a preacher of the gospel, to
+do as much good as in me lay to my red brethren, I occasionally paid
+them a visit, announcing and explaining to them the word of life,
+when opportunity offered. I knew that no people on earth were more
+neglected; yet whenever I attempted to supply their spiritual wants,
+I was opposed and obstructed by the whites around them, as was the
+practice of those who dwelt about my native tribe, (the Pequods,) in
+Groton, Conn. of which more will be said in another place.
+
+Being on a tour among my brethren in May, 1833, I was often asked why
+I did not visit my brethren of Marshpee, of whom I had often heard.
+Some said that they were well provided, and had a missionary, named
+FISH, who took care of their lands and protected them against the
+fraud of such of their neighbours as were devoid of principle. Others
+asserted that they were much abused. These things I heard in and about
+Scituate and Kingston, where I had preached. Some of those who spoke
+thus, were connected with the missionary. The light thus obtained
+upon the subject being uncertain, I resolved to visit the people of
+Marshpee, and judge for myself. Accordingly I repaired to Plymouth,
+where I held forth on the civil and religious rights of the Indians,
+in Dr. KENDALL'S church, and was treated with Christian kindness by
+the worthy pastor and his people. Dr. KENDALL gave me a letter of
+introduction to Mr. FISH, at Marshpee. Being unacquainted with
+the way, I strayed a little from it, and found a number of good
+Congregationalists of the old school, who invited me to tarry and
+preach to them in the evening, which I did, to their acceptance; for
+they and their pastor desired me to remain and preach on the Sabbath,
+which, however, I could not consistently do. I proceeded thence to
+Sandwich, where I made my mission known to Mr. COBB, the Orthodox
+preacher, who appeared to be pleased.
+
+Mr. COBB said that he had agreed to exchange with Mr. FISH, on the
+Sabbath following, but as it was inconvenient for him to do so, he
+would give me a line to him. With this furtherance I set forward, and
+arrived at Mr. FISH's house before sunset, informing those I met on
+the way that I intended to preach on the next day, and desiring them
+to advise others accordingly. When I made my business known to Mr.
+FISH, he treated me with proper kindness, and invited me to preach for
+him. When I awoke in the morning, I did not forget to return thanks to
+God for his fatherly protection during the night, and for preserving
+me in health and strength, to go through the duties of the day. I
+expected to meet some hundreds of the tribe, and to hear from their
+lips the sweet song of salvation which should prepare their minds for
+the words of life, to be delivered by one of the humblest servants of
+God. I hoped that grace might be given to me to say something to my
+poor brethren that might be for their advantage in time and eternity;
+after which I thought I should see their faces no more. I looked to
+see them thronging around their missionary in crowds, and waited for
+this agreeable sight with great anxiety.
+
+The time appointed for the service was half past ten. When it arrived,
+we got into our carriages and proceeded to the Meeting-house, which
+was about two miles and a half distant. The sacred edifice stood in
+the midst of a noble forest, and seemed to be about a hundred
+years old; circumstances which did not render its appearance less
+interesting. Hard by was an Indian burial ground, overgrown with
+pines, in which the graves were all ranged North and South.
+A delightful brook, fed by some of the sweetest springs in
+Massachusetts, murmured beside it. After pleasing my eyes with this
+charming landscape, I turned to meet my Indian brethren and give
+them the hand of friendship; but I was greatly disappointed in the
+appearance of those who advanced. All the Indians I had ever seen were
+of a reddish color, sometimes approaching a yellow; but now, look to
+what quarter I would, most of those who were coming were pale faces,
+and, in my disappointment, it seemed to me that the hue of death sat
+upon their countenances. It seemed very strange to me that my brethren
+should have changed their natural color, and become in every respect
+like white men. Recovering a little from my astonishment, I entered
+the house with the missionary. It had the appearance of some ancient
+monument set upon a hill-top, for a landmark to generations yet
+unborn. Could Solomon's temple have been set beside it, I think no one
+would have drawn an architectural comparison. Beautiful as this place
+was, we had little time to admire it; something more solemn demanded
+our attention. We were to prepare ourselves for a temple more splendid
+than ever was built by hands. When the congregation were seated, I
+arose and gave out the psalm. I now cast my eyes at the gallery, that
+I might see how the songsters who were tuning their harps appeared;
+but, with one exception, paleness was upon all their faces. I must
+do these _Indians_ the justice to say that they performed their parts
+very well. Looking below, something new caught my attention. Upon
+two seats, reserved along the sides of the temple for some of the
+privileged, were seated a few of those to whom the words of the
+Saviour, as well as his scourge of small cords, might be properly
+applied, "It is written that my house shall be called the house of
+prayer, but ye have made it a den of thieves;" for these pale men were
+certainly stealing from the Indians their portion in the gospel, by
+leaving their own houses of worship and crowding them out of theirs.
+The law, perhaps, allowed them to do so. After singing and prayer, I
+preached one of my humble sermons, after which I attended a Sabbath
+School, in which a solitary red child might be seen here and there.
+By what I saw, I judged that the whites were much favored, while the
+little red children were virtually bidden to stand aside. I understood
+that the books that were sent to them had been given to the white
+scholars.
+
+After a slight refreshment, the duty of worship was resumed; and I
+discovered that plain dealing was disagreeable to my white auditory.
+I inquired where _the Indians_ were; to which Mr. Fish replied, that
+they were at a place called Marshpee, and that there was a person
+called _Blind Joe_, who tried to preach to them, which was the cause
+of their absence. Though the said Joe was one of them, he had done
+them more harm than good. I asked why he did not invite Blind Joe, and
+get him to preach for him a part of the time. He answered, that that
+could not be; that Joe was not qualified to preach and instruct. I
+replied that he could not, perhaps, be sure of that, and that if he
+had followed the course I had mentioned, it would at least have been
+the means of uniting the people, which would of itself have been great
+good. It was then concluded to have a meeting at Marshpee; and, in the
+afternoon of the next day, I paid the people of that place a visit in
+their Meeting-house. I addressed them upon temperance and education,
+subjects which I thought very needful to be discussed, and plainly
+told them what I had heard from their missionary, viz: That it was
+their general disposition to be idle, not to hoe the corn-fields they
+had planted, to take no care of their hay after mowing it, and to lie
+drunken under their fences. I admonished them of the evil of these
+their ways, and advised them to consider any white man who sold them
+rum their enemy, and to place no confidence in him. I told them that
+such a person deserved to have his own rum thrown into his face.
+I endeavored to show them how much more useful they might be to
+themselves and the world if they would but try to educate themselves,
+and of the respect they would gain by it. Then, addressing the throne
+of grace, I besought the Lord to have mercy on them and relieve
+them from the oppressions under which they laboured. Here Mr. Fish
+cautioned me not to say any thing about oppression, that being,
+he said, the very thing that made them discontented. They thought
+themselves oppressed, he observed, but such was not the case. They
+had already quite liberty enough. I suggested to him the propriety of
+granting them the privileges enjoyed by the whites about them; but he
+said that that would never do, as they would immediately part with
+all their lands. I told him that, if their improvement was his aim,
+he ought to go among them and inquire into their affairs; to which he
+replied that he did go at times, but did not say much to them about
+their worldly concerns. He asked me if I thought it proper to preach
+about such things. I answered that I thought it proper to do good in
+any way; that a variety was not amiss, and that such a course would
+convince his flock that he had their welfare at heart.
+
+I had now appointed to meet my brethren on Wednesday evening
+following, when I expected to bid them farewell forever; and in the
+mean while I had obtained a letter of introduction to Mr. Pratt, of
+Great Marshes. There I gave the audience a word in season, upon the
+subject of Indian degradation, which did not appear to please them
+much. I then visited Barnstable, and finding no resting place there
+for the sole of my foot, I journeyed as far as Hyannis, where I was
+entertained with hospitality and kindness. On the evening of the
+fourteenth day, I again preached on the soul-harrowing theme of Indian
+degradation; and my discourse was generally well received; though it
+gave much offence to some illiberal minds, as truth always will, when
+it speaks in condemnation. I now turned my face toward Marshpee, to
+preach the word there.
+
+I had made up my mind to depart early on the morrow, and therefore,
+that I might hear of their concerns, and how they fared from their own
+mouths, I intended to commence my labours early in the day. I had not
+the least intention of staying with my brethren, because I saw that
+they had been taught to be sectarians, rather than Christians, to
+love their own sect and to hate others, which was contrary to the
+convictions of my own experience as well as to the doctrine of Jesus
+Christ. What ensued led me to look farther into their case. The
+lecture I had delivered in the Meeting-house, had wrought well, and a
+small pamphlet that contained a sketch of the history of the Indians
+of New England had had a good effect. As I was reading from it, an
+individual among the assembly took occasion to clap his hands, and
+with a loud shout, to cry, "Truth, truth!" This gave rise to a general
+conversation, and it was truly heart-rending to me to hear what my
+kindred people had suffered at the hands of the whites.
+
+Having partook of some refreshment, we again met to worship God in the
+School-house; where I believe that the Spirit of the Lord was revealed
+to us. Then, wishing to know more of their grievances, real or
+supposed, and upon their invitation, I appointed several meetings;
+for I was requested to hear their whole story, and to help them. I
+therefore appointed the twenty-first of May, 1833, to attend a council
+to be called by my brethren. In the mean while I went to Falmouth,
+nine miles distant, where I held forth upon the civil and religious
+rights of the Indians. Some, who apparently thought that charity
+was due to themselves, but not to the red men, did not relish the
+discourse; but such as knew that all men have rights and feelings,
+and wished those of others to be respected as well as their own, spoke
+favourably of it. Of this number was Mr. Woodbury, the minister, who
+thought it would do good. I then returned to Marshpee, to attend the
+council.
+
+The meeting was held in the school-room. Business commenced at about
+nine in the morning, and continued through the day. The first that
+arose to speak was an Indian, Ebenezer Attaquin by name. Tears flowed
+freely down his time-furrowed cheeks, while he addressed us in a
+manner alike candid and affectionate. The house was well filled.
+
+After listening patiently to the tale of their distresses, I
+counselled them to apply for redress to the Governor and Council. They
+answered, that they had done so; but _had never been able to obtain a
+hearing_. The white agents had always thrown every obstacle in their
+way. I then addressed them in a speech which they all listened to with
+profound attention.
+
+I began by saying that, though I was a stranger among them, I did
+not doubt but that I might do them some good, and be instrumental in
+procuring the discharge of the overseers, and an alteration of the
+existing laws. As, however, I was not a son of their particular tribe,
+if they wished me to assist them, it would be necessary for them to
+give me a right to act in their behalf, by adopting me; as then our
+rights and interests would become identical. They must be aware that
+all the evil reports calumny could invent, would be put in circulation
+against me by the whites interested, and that no means to set them
+against me would be neglected. (Had the inspiration of Isaiah spoken
+these words, they could not have been more fully accomplished, as is
+known to the whites of Barnstable County, as well as the Indians.)
+
+Mr. Ebenezer Attaquin, being one of the prayer leaders, replied first,
+and said, "If we get this man to stand by us, we must stand by him,
+and if we forsake him after he undertakes for us, God will forsake us
+also."
+
+Mr. Ezra Attaquin wished to know if I could not come and dwell with
+them, as so I could do them more good than if abiding at a distance.
+Mr. Ebenezer Attaquin said in reply, that if such a chance should be
+offered to a white man, he would be very glad to accept it.
+
+I now inquired what provision could be made for me, if I should
+consent to their wishes. They answered that their means were small,
+but that they would provide a house for me to live in, and do what
+they could for my support. I said that, knowing their poverty, I did
+not expect much, and gave them to understand that I could dig, and
+fish, and chop wood, and was willing to do what I could for myself.
+The subject of religious instruction was then discussed, and the
+inquiry was made, what should be done with their poor, blind brother,
+(who was then absent among another sect.) I answered that I was very
+willing, to unite my labours with his, as there was plenty of work for
+both of us; and that had I but half a loaf of bread, I would gladly
+divide it with him. It was then agreed that we should unite, and
+journey together on the road toward heaven.
+
+The case Of Mr. Fish was next laid before the council, and Complaints
+were made, that he had neglected his duty; that he did not appear to
+care for the welfare of the tribe, temporal or spiritual; that he had
+never visited some of the brethren at all, and others only once in
+five or seven years; that but eight or ten attended his preaching;
+that his congregation was composed of white people, to whom his visits
+were mostly confined, and that it seemed that all he appeared to
+care for was to get a living, and make as much as he could out of the
+Indians, who could not see any reason to think him their friend.
+It was, therefore, agreed to discharge him, and three papers were
+draughted accordingly. One was a petition to the Governor and Council,
+a second to the Corporation of Harvard College; the first complaining
+against the Overseers, and the laws relating to the tribe; and the
+second against the missionary set over them by Harvard College and the
+Overseers. The third document was a statement of my adoption into the
+tribe, and was signed by all present, and subsequently by others, who
+were not present, but were equally desirious of securing their rights.
+It was as follows,
+
+    _To all whom it may concern, from the beginning of the world
+    up to this time, and forever more_.
+
+    Be it known, that we, the Marshpees, now assembled in the
+    presence of God, do hereby agree to adopt the Rev. William
+    Apes, of the Pequod tribe, as one of ours. He, and his wife,
+    and his two children, and those of his descendants, forever,
+    are to be considered as belonging to the Marshpee tribe of
+    Indians. And we solemly avow this, in the presence of God, and
+    of one another, and do hereby attach our names to the same,
+    that he may take his seat with us and aid us in our affairs.
+    Done at the Council House in Marshpee, and by the authority of
+    the same, May 21st, 1833.
+
+        EBENEZER ATTAQUIN, _President_.
+
+        ISRAEL AMOS, _Secretary_.
+
+To this instrument there are about a hundred signatures, which were
+affixed to the other papers above mentioned also. The resolutions
+which were sent to the two bodies were these:
+
+    _Resolved_, That we, as a tribe, will rule ourselves, and have
+    the Constitutionso; for all men are born free and equal, says
+    the Constitutien of the country.
+
+    _Resolved_, That we will not permit any white man to come upon
+    our plantation, to cut or carry off wood or hay, or any other
+    article, without our permission, after the 1st of July next.
+
+    _Resolved_, That we will put said resolutions in force after
+    that date, (July next,) with the penalty of binding and
+    throwing them from the plantation, if they will not stay away
+    without.
+
+These resolutions were adopted by the tribe, and put in force, as will
+be seen hereafter. It was hoped that, though the whites had done all
+they could to extinguish all sense of right among the Indians, they
+would now see that they had feelings as well as other men.
+
+The petition to the corporation of Harvard set forth the general
+dissatisfaction of the tribe with the missionary sent them by that
+honorable body, according to the intended application of the Williams
+Fund. The money was no more intended for Mr. Fish than for any other
+clergyman; neither had the Indians given him a call. They thought it
+right to let his employers know that he had not done his duty, because
+he not only received between five and six hundred dollars from the
+college, but had possession of five or six hundred acres of the
+tribe's best woodland, without their consent or approbation, and
+converted them to his own exclusive use, pretending that his claim and
+right to the same was better than that of the owners themselves. Not
+liking this, the Indians solicited his discharge. The document runs
+thus:
+
+    To our white brethren at Harvard College and trustees of the
+    Williams fund, that is under the care of that body, for the
+    important use of converting the poor heathen in New England,
+    and who, we understand, by means of that fund, have placed
+    among us the Rev. Phineas Fish.
+
+    We thought it very likely that you would like to know if we,
+    as a people, respected his person and labors, and whether the
+    money was benefiting the Indians or not. We think it our duty
+    to let you know all about it, and we do say, as the voice of
+    one, with but few exceptions, that we as a tribe, for a long
+    time, have had no desire to hear Mr. Fish preach, (which is
+    about ten years) and do say sincerely that we, as a body, wish
+    to have him discharged, not because we have anything against
+    his moral character, but we believe his labors would be more
+    useful somewhere else, and for these reasons,
+
+    1st. We, as a people, have not been benefited by his
+    preaching; for our moral character has not been built up, and
+    there has been no improvement in our intellectual powers, and
+    we know of no Indian that has been converted by his preaching.
+
+    2d. We seldom see him upon our plantation to visit us, as a
+    people. His visits are as follows--To one house, one visit in
+    one year--to another, two visits in five years--to another one
+    in seven--and to many, none at all. (We would here remark that
+    Mr. Fish has not improved, but rather lost ground; for history
+    informs us that such was the anxiety of the whites, that it
+    was thought best to visit the Indians twice in one year, and
+    preach to them, so as to save them.)
+
+    3d. We think that twenty years are long enough for one trial.
+    Another reason is that you and the people think that we are
+    benefited by that fund, or money paid to him for preaching to
+    the Indians--and we are not. White people are his visitors
+    and hearers. We would remark here that we have no objection to
+    worship with our white neighbors, provided they come as they
+    ought to come, and not as thieves and robbers, and we would
+    ask all the world if the Marshpee Indians have not been robbed
+    of their rights. We wonder how the good citizens of Boston, or
+    any town would like to have the Indians send them a preacher
+    and force him into the pulpit and then send other Indians to
+    crowd the whites out of their own meeting house and not pay
+    one cent for it. Do you think the white men would like it? We
+    trow, not; and we hope others will consider, while they read
+    our distressing tale. It will be perceived that we have no
+    objection if hundreds of other nations visit our meeting
+    house. We only want fair play; for we have had foul play
+    enough.
+
+    4th. We do not believe but that we have as good a right to
+    the table of the Lord as others. We are kept back to the last,
+    merely because our skins are not so white as the whites', and
+    we know of no scriptures that justify him in so doing. (The
+    writer would here observe, that he wonders any person
+    guilty of a dark skin will submit to such unchristian usage,
+    especially as the minister is as willing to shear his black
+    sheep as his white ones. This being the case, ought he not to
+    pay as much regard to them? Should he turn them loose to shift
+    for themselves, at the risk of losing them?)
+
+    5th. We never were consulted as to his settlement over us, as
+    a people. We never gave our vote or voice, as a tribe, and we
+    fully believe that we are capable of choosing for ourselves
+    and have the right to do so, and we would now say to you, that
+    we have made choice of the Rev. Wm. Apes, of the Pequod
+    tribe, and have adopted him as one of ours, and shall hear him
+    preach, in preference to the missionary, and we should like
+    to have him aided, if you can do it. If not, we cannot help
+    it--he is ours--he is ours.
+
+    Perhaps you have heard of the oppression of the Cherokees and
+    lamented over them much, and thought the Georgians were
+    hard and cruel creatures; but did you ever hear of the poor,
+    oppressed and degraded Marshpee Indians in Massachusetts,
+    and lament over them? If not, you hear now, and we have made
+    choice of the Rev. Wm. Apes to relieve us, and we hope that
+    you will assist him. And if the above complaints and reasons,
+    and the following resolutions, will be satisfactory, we shall
+    be glad, and rejoice that you comply with our request.
+
+    _Resolved_, That we will rule our own tribe and make choice of
+    whom we please for our preacher.
+
+    _Resolved_, That we will have our own meeting house, and place
+    in the pulpit whom we please to preach to us.
+
+    _Resolved_, That we will publish this to the world; if the
+    above reasons and resolutions are not adhered to, and the Rev.
+    Mr. Fish discharged.
+
+    The foregoing addresses and resolutions were adopted by a vote
+    of the tribe, almost unanimous. Done at the Council House at
+    Marshpee, May the 21st, 1833.
+
+        EBENEZER ATTAQUIN, _President_.
+
+        ISRAEL AMOS, _Secretary_.
+
+The Hon. Josiah Quincy, President of the College, promised to attend
+to this matter, said that he had long been satisfied that the money
+from the Williams fund had not been applied to the object for which it
+was intended, and hinted at an intention to send no more to Mr.
+Fish till he should be better informed concerning the matter. (We
+understood that he actually did retain the money, though he never
+found leisure to make the inquiry alluded to.) He said that, had it
+been in the summer, he would have gone himself to the place. Summer
+has passed away, and we have seen no Mr. Quincy yet. We have heard
+that he was requested by several gentlemen to come and investigate our
+affairs, but we suppose he thinks that the poor Marshpees cannot have
+been wronged. However, as nothing has been done, we think it is time
+that the public should be made aware of our views and intentions.
+
+Leaving Marshpee for New Bedford, I preached at several places on my
+way, and delivered lectures on Indian affairs. Many of the advocates
+of oppression became clamorous, on hearing the truth from a simple
+Indian's lips, and a strong excitement took place in that quarter.
+
+Some feared that an insurrection might break out among the colored
+people, in which blood might be shed. Some called me an imposter, and
+others approved of my proceedings, especially the Quakers, whom I ever
+found benevolent and ready to help us. Their generous good will toward
+colored people of all races is well known. I feel bound to say, too,
+that there were others of the highest respectability in those parts
+who were anxious that their red brethren should obtain their rights
+and redress of their grievances.
+
+When the time I had fixed for my return to my friends at Marshpee
+arrived, I turned thitherward, and reached the place on the sixth of
+June. Here I met the blind preacher, whom I had never before seen. He
+bade me welcome, and cordially agreed to join me in my labors, saying
+that God had listened to his prayers. He had for several years prayed
+for an assistant, and now consented to labor in conjunction with me
+for the spiritual and temporal advantage of our brethren. We went
+through the plantation together. On the Sabbath there was a large
+meeting, and the assistance of God enabled me to preach to them, after
+which we set forth, as a delegation to the Governor and Council in
+Boston. We stopped at several towns by the way, to discharge our
+duties, as Christian ministers, and were kindly and hospitably
+received by the teachers.
+
+When we arrived in Boston, we communicated our business to a certain
+doctor, who lived in Roxbury. He did not think so favorably of it as
+we had expected; but, nevertheless, agreed to lay it before the board
+of trustees, which we presume he did, as he is a man of truth. We told
+him that we asked for justice, not money, and said that we wished the
+Marshpee Indians to avoid the meeting-house, if it did not belong to
+them. With this we left him, and have never heard from him from that
+day to this. He is gone where his deeds done in the flesh will receive
+their just reward; which I hope is a crown of blessedness and glory.
+
+We did not find the Governor in Boston; but were advised to wait on
+Mr. Armstrong, the Lieut. Governor. We showed him our petition and
+resolutions, which he said, would avail us nothing, unless enforced.
+We answered that they would be enforced, at the appointed time. He
+then suggested that we might have been instigated to the measures
+in question by some of our enemies; probably meaning some of our
+unprincipled white neighbors. We replied that ill usage had been our
+only instigation, and that no one had interfered in the matter. He
+advised us to deliver our petition to the Secretary of State, to be
+submitted to the Council at their next session; which we did.
+
+This done, we called on one of the tribe who was engaged in the
+coasting business, and had done much to teach the Indians, and to
+bring them to a right knowledge of their degraded condition. He said
+that he would willingly relinquish his business, and join in the
+efforts of his brethren to shake off the yoke which galled them; and
+thereupon it was resolved to hold a convention on the twenty-fifth of
+June, for the purpose of organizing a new government. He desired to be
+there, and his name is Daniel Amos.
+
+I now set out for Essex, where my family was living, accompanied by
+the blind preacher. I put my wife and little ones on board a small
+vessel, bound for Boston, while I and my blind brother returned
+thither by land. We all arrived safely, and soon after embarked for
+Barnstable, where we arrived on the eighteenth of June, and landed at
+a spot about twelve miles distant from the hospitable Indians. Here
+we found ourselves breathing a new atmosphere. The people were very
+little prepossessed in our favor, and we certainly owe them small
+thanks on the score of hospitality. We succeeded in obtaining the
+shelter of an old stable for two nights, by paying two dollars. We
+applied to one individual for accommodations during that time, for one
+of our party who was sick, but were refused. He said he had no room.
+If any white man should come to Marshpee and ask hospitality for a
+night or two, I do not believe that one of the whole tribe would turn
+him from his door, savages though they be. Does not he better deserve
+the name who took from us two dollars for sleeping in his stable? This
+usage made me think that in this part of New England prejudice was
+strong against the poor children of the woods, and that any aid we
+might receive must come from the more hospitable Indians, among whom
+we arrived on the twenty-first, and rested till the twenty-fifth. We
+regarded ourselves, in some sort, as a tribe of Israelites suffering
+under the rod of despotic Pharaohs; for thus far, our cries and
+remonstrances had been of no avail. We were compelled to make our
+bricks without straw.
+
+We now, in our synagogue, for the first time, concerted the form of a
+government, suited to the spirit and capacity of free born sons of the
+forest; after the pattern set us by our white brethren. There was but
+one exception, viz. that _all_ who dwelt in our precincts were to
+be held free and equal, _in truth_, as well as in letter. Several
+officers, twelve in all, were elected to give effect to this novelty
+of a government; the chief of whom were Daniel Amos, President, and
+Israel Amos, Secretary. Having thus organized ourselves, we gave
+notice to the former board of overseers, and the public at large, of
+our intentions. This was the form of our proclamation:
+
+    NOTICE.
+
+
+    _Marshpee Plantation, June 25th, 1833_.
+
+    Having heretofore been distressed, and degraded, and
+    robbed daily, we have taken measures to put a stop to these
+    things.--And having made choice of our own town officers to
+    act instead of the whites, and having acquainted the Governor
+    of our affairs and resolutions, he has nothing against our
+    putting them in force.[1] And now we would say to our white
+    friends, we are wanting nothing but our rights betwixt man
+    and man. And now, rest assured that said resolutions will
+    be enforced after the first day of July, 1833. Done at the
+    National Assembly of the Marshpee Tribe, and by the authority
+    of the same.
+
+        DANIEL AMOS, _President_.
+
+        ISRAEL AMOS, _Secretary_.
+
+Hereupon the Missionary and agents and all who put faith in them,
+combined together to work our destruction, as is well known to all
+men.
+
+We then proceeded to discharge all the officers appointed by the
+Governor and Council, firmly believing that each and every one of the
+existing laws concerning the poor Israelites of Marshpee was founded
+on wrong and misconception. We also forwarded a letter and resolution
+to Gideon Hawley, to the effect that we were dissatisfied with his
+proceedings with regard to our affairs and with those of the other
+officers, that we desired their stay among us no longer, that we were
+seeking our rights and meant to have them, and we therefore demanded
+of them all a final settlement, and warned them not to violate our
+regulations. The resolution was as follows:
+
+    _Resolved_, That we will no longer accede to your terms after
+    the first day of July next, 1833.
+
+    Done by the authority of the Marshpee Tribe.
+
+        DANIEL AMOS, _President_.
+
+        ISRAEL AMOS, _Secretary_.
+
+We also proceeded to discharge the missionary, telling him that he and
+the white people had occupied our meeting house long enough, and that
+we now wanted it for our own use. We likewise gave him notice that we
+had complained against him to the authorities at Harvard.
+
+Those who had, as we think unlawfully, ruled us hitherto, now awoke
+in astonishment, and bestirred themselves in defence of their temporal
+interests. Mr. Hawley was despatched to the Governor at Worcester,
+to whom he represented the state of affairs in colors which we cannot
+acknowledge to have been faithful. He stated that the Indians were in
+open rebellion, and that blood was likely to be shed. It was reported
+and believed among us that he said we had armed ourselves, and were
+prepared to carry all before us with tomahawk and scalping knife;
+that death and destruction, and all the horrors of a savage war, were
+impending; that of the white inhabitants some were already dead, and
+the rest dreadfully alarmed! An awful picture indeed.
+
+However, several weeks previous to this the Governor and Council had
+been apprised of what was going forward, and had authorised one of the
+Council to visit the tribe, in order to hold counsel, and if possible,
+restore peace among them. But the first of July arrived before he
+came, and we did even as we had pledged ourselves to do, having in
+view no other end than the assertion and resumption of our rights. Two
+of the whites, indeed, proved themselves enemies to the Indians, by
+holding themselves in readiness to break up the new government, and
+daring them to carry it into effect. They were brothers, and one of
+them has since gone to his reward. Their name was Sampson. They came,
+in defiance of our resolutions, to take away our wood, in carts. As I
+was walking in the woods, I discovered them in the act of removing
+our property, and called to him who was the owner of the teams to come
+near me. He complied, and appeared much agitated as he approached.
+I mildly stated to him the views and intentions of the tribe, saying
+that it was not their design to wrong or harm any man in the least,
+and that we wished them to desist till we should have had a settlement
+with the Overseers, after which every thing should be placed upon a
+proper footing. I begged them to desist, for the sake of peace; but it
+was to no purpose. They said that they knew what they were about, and
+were resolved to load their teams. I answered, that the men who owned
+the wood were resolved to carry their resolutions into force; and
+asked if they had not seen the notification we had posted up. One of
+them replied that he had seen, but had not taken much notice of it. I
+again told them that the owners of the wood were at hand, and by the
+time one of the teams was laden, the Indians came up. I then asked
+William Sampson, who was a member of the missionary's church, if
+he would, even then, unload his team and wait till things were
+more quiet; to which he replied that he would not. I then, having
+previously cautioned the Indians to do no bodily injury to any man,
+unless in their own defence, but to stand for their rights, and
+nothing else, desired them to unload the teams, which they did very
+promptly. One of the Sampsons, who was a justice of the peace, forbade
+them, and threatened to prosecute them for thus protecting their own
+property, which had no other effect than to incite them to work more
+diligently. When they had done, I told the justice, that he had,
+perhaps, better encourage others to carry away what did not belong
+to them, and desired the teamsters to depart. They said they would,
+seeing that it was useless to attempt to load the carts. Throughout
+this transaction the Indians uttered neither a threat nor an unkind
+word, but the white men used very bitter language at being thus, for
+the first time, hindered from taking, away what had always been as a
+lawful spoil to them hitherto.
+
+The defeated Sampsons hurried off to get the aid of legal might
+to overcome right, and were wise enough to trouble the Indians no
+further. The tribe were thus left in peaceable possession of all their
+property. Mr. Fiske stated in his report of the case, that we wanted
+possession of the mission house; but in this he was mistaken. No such
+thing was intended or even mentioned among us, though it is true
+that the meeting-house and the two school houses, and all the land,
+excepting that on which Mr. Fiske's house stood, were in our hands.
+
+The Indians now made it part of their business to watch their
+property; being determined to disappoint the rapacity of the whites.
+They soon learned that the Governor had sent an envoy to deal with
+them, and the news cheered their hearts not a little; for they
+earnestly wished for peace and quietness. A verbal message was
+brought, desiring us to meet him. We replied by asking why the agent
+did not come to us, if the Governor had sent him for that purpose,
+instead of going to a tavern and calling on us to come to him there. I
+now suppose that this proceeding on his part was not so much his fault
+as that of one Ezra Crocker, who received twenty dollars _per annum_
+for entertaining the Indians in his house, and who not unfrequently
+thrust them out of doors. Nevertheless, we sent the agent an answer in
+writing, to the following effect.
+
+_To the Honorable Agent sent by the Governor to inquire into our
+affairs_.
+
+    Dear Sir,
+
+    We are much gratified to see that the Governor has noticed us
+    so much as to inquire into our affairs. Your request could not
+    be attended to yesterday; our people being very busy in the
+    affairs of the day; but we will meet you with pleasure this
+    morning at nine o'clock, at our meeting-house, there being no
+    other place where we should like to see you for an interview.
+
+        DANIEL AMOS, _President. July 4th_, 1833.
+
+At the time appointed, we met the Counsellor, and he appeared to enjoy
+himself very well among us. When the meeting had been called to
+order, it was observed that the Overseers were not present, and it was
+proposed to send for them, that they might have fair play and hear
+of what faults they were accused. They came, accompanied by the
+High Sheriff of Barnstable County, the Hon. J. Reed of Yarmouth, and
+several other whites, who were invited to take seats among us. The
+excitement which pervaded Cape Cod had brought these people to our
+council, and they now heard such preaching in our meeting-house as
+they had never heard there before; the bitter complainings of the
+Indians of the wrongs they had suffered. Every charge was separately
+investigated by our people, who gave the entire day to the work. The
+white persons present seemed very uneasy; often getting up, going out
+and returning, as if apprehensive of some danger. The ground work of
+their fears, if they had any, was this: Three of our people, who had
+been out in the morning, hunting deer, had brought their guns into the
+meeting house, and this circumstance was thought, or pretended to be
+thought by a few of our neighbors to portend violence and murder. Also
+the Counsellor had brought a letter from the Governor, indicating that
+he had been led, by wrong reports, to believe that something of the
+kind was likely to take place.[2]
+
+This letter was read to the people, and was to them as a provocation
+and a stimulus. They thought it grievous that the Governor should
+think they had put him in mind of his oath of office, to secure the
+Commonwealth from danger, and given him cause to call out perhaps
+fifty or sixty thousand militia; especially when the great strength
+and power of the Marshpee tribe was considered. To this supposed great
+demonstration of military power they might, possibly, have opposed
+a hundred fighting men and fifteen or twenty rusty guns. But it is
+written, "One shall chase a thousand, and two shall put ten thousand
+to flight;" so there might have been some reason for persons who
+believe the Bible to fear us. Who can say that little Marshpee might
+not have discomfitted great Massachusetts. Nevertheless, the birth
+place of American freedom was spared so great a disgrace; for the
+governor, very wisely, remained at home.
+
+Toward the close of the day Mr. Fiske desired the Hon. Mr. Reed
+to explain to the Indians the laws, as they then stood, and the
+consequences of violating them. He told us that merely declaring a law
+to be oppressive could not abrogate it; and that it would become us,
+as good citizens whom the government was disposed to treat well, to
+wait for the session of the Legislature, and then apply for relief.[3]
+"He went fully," says one reporter, whose name it may be well to
+omit, "into the situation of the tribe, in a very forcible and feeling
+manner, warning them against the rash measures they had already taken
+or adopted."
+
+Mr. Fiske then pathetically stated his opinions concerning the awful
+consequences which would result from a violation of the laws, and
+spoke much at large of the parental feeling of government for the
+remnant of a once mighty and distinguished race. Wm. Apes replied
+that the laws ought to be altered without delay; that it was perfectly
+manifest that they were unconstitutional, and that, even if they were
+not so, there was nothing in them to authorize the white inhabitants
+to act as they had done. Being very anxious to learn what amount of
+good his brethren might expect, he spoke with an energy that alarmed
+some of the whites present considerably. The Hon. Mr. Reed questioned
+him as to his right to interfere. He replied that he had obtained it
+by the adoption of the tribe.
+
+Mr. Reed, if I correctly understood him, answered that the Indians
+had no right to do such an act; no power to confer such a privilege. I
+replied, that if the plantation belonged to them, they undoubtedly had
+a right to give me leave to dwell upon it. Many other things he
+said of which I could not see the reasonableness and propriety, and
+therefore we could not come to an agreement.
+
+While these things were being done and said, as I have reason to
+believe, a warrant for my apprehension was put into the hands of the
+High Sheriff, who, it appeared to me, was not very desirous to execute
+it. He approached me, and with some agitation, told me I must go with
+him to Catuiot; and added, that if I did not accompany him peaceably,
+he would have out the whole county of Barnstable. I was not conscious
+of giving any cause for this perturbation of mind, but I suppose
+others saw my conduct in a different light. It is admitted by all that
+nothing was done contrary to good order, though I admit, that if I had
+refused to obey the warrant, the Sheriff would not have been able to
+enforce it. The fact is I was in no wise unwilling to go with him, or
+to have my conduct brought to the test of investigation, or to give
+all the satisfaction that might be required, had it appeared that I
+had done wrong. I was also very desirous to have the truth appear,
+viz. that it was not the intention or wish of the Marshpees to do
+violence or shed blood.
+
+The Sheriff told me that I should not suffer any injury or injustice,
+and that I should have a hearing in the presence of my friend, Mr.
+Fiske. I went with him very quietly. The excitement ran very high, and
+almost all Cotuet was present at my examination. If wishes could have
+availed, I doubt not that I should have been ruined forever. I was
+arraigned on three charges: for riot, assault, and trespass; and
+pleaded NOT GUILTY.
+
+The Messrs. Sampsons, four in number, were called, and testified as
+follows, That on the first day of July, between eight and nine, A.M.
+they were carting wood from the Marshpee plantation, that they were
+hailed by Wm. Apes, and forbidden by him to take any wood away until a
+settlement with the overseers should have been had; that the said
+Apes threatened them that he would call his men if they persisted,
+who would "_cut up a shine with them_,"[4] (the Sampsons.) They all
+agreed, however, that no unchristian temper was manifested, and no
+indecorous language used. They admitted that they had no fear for
+their personal safety, and that no harm was done to any of the persons
+concerned, save unloading their teams, and ordering them to depart.
+
+Now if I had taken any neighbors' wood without his leave, and he had
+thrown it out of my cart, and told me to go away, and had given me no
+farther molestation, I should think I had gotten off very easily. If
+a poor Indian wishes to get into a jail or penitentiary, that is just
+the course I would advise him to pursue. I leave it to the reader to
+say who were the persons aggrieved and injured, and that had the right
+to complain of trespass.
+
+It was thought proper, by those who had the power so to do, to bind me
+over to appear and take my trial before the Court of Common Pleas, at
+the next session, in the sum of two hundred dollars, and sureties for
+the like amount were also required. Compliance was not difficult. I
+had only to send for Lemuel Ewer, Esq. of South Sandwich, who had, in
+former times, been the treasurer of the tribe, knew their wrongs, and
+was their friend. It was well for me that there was one man who knew
+on which side the right lay, and had the courage to support it, for
+I verily believe that no other person would have dared to become my
+bondsman. I owe Mr. Ewer the justice further to say that he has
+done much to advance the interests of the Marshpee tribe, by giving
+information respecting them to the Legislative body, for which we
+cannot easily show our gratitude.
+
+The Cotueters now waxed exceedingly wroth at what Mr. Ewer had done.
+Truth had been shot into their hearts, and if I should say that they
+bellowed like mad bulls, and spouted like whales, gored mortally by
+the harpoon, I do not think the figure of speech would be too strong.
+Mr. Crocker, the contractor or agent, for our wood, felt himself
+especially aggrieved that I had gotten bail, and was let loose upon
+the plantation, to hinder him in his business. His life, he thought,
+would be in danger. There was a great deal of loose talk and a pretty
+considerable uproar.
+
+While I was waiting for Mr. Ewer, to bail me, I had some conversation
+with the Hon. J.J. Fiske, who expressed himself concerned about the
+Indians, and thought that something ought to be done. I said to him
+that my object was to get them righted, and allowed that I might
+possibly have gone too fast and far. In this I am now satisfied that
+I was mistaken. I believe that neither I nor any of my brethren went
+fast enough. I think there is no white man, Christian or Infidel,
+who would have shown half so much forbearance as we did in the like
+circumstances. Mr. Fiske said he would do all he could for me, and I
+have no doubt that he did so. It was very proper in him to endeavor
+to quiet the whites. The Indians were already quiet, and had no
+disposition to be otherwise.
+
+Nevertheless, it seemed to be the common opinion that the imprisonment
+of Apes would frighten the rest of the tribe, and cause them to forego
+their efforts to recover their rights. Had this been the case, they
+might have carted a few more good suppers and dinners out of our
+woods, and have eaten them on their town meeting days, for two or
+three days together, twice in the year, and have thrown the bones and
+crusts to the poor, old and ignorant, among the natives, as they had
+done, year after year. The missionary, as usual, might have helped
+them to devour the spoil, and have seen his flock degraded and abused,
+before his eyes. Much was also said about the pains that had been
+taken to educate the Marshpees, and it was averred, that, instead of
+going to the schools opened for them, they preferred going about the
+country picking berries, and basket making. Mr. Crocker said he had
+been at great pains to induce the Indians to go to school. Let him who
+has been prejudiced against the Marshpees, by such argument, look
+at the legislative act of 1789, section 5, for the regulation of the
+plantation, prohibiting the instruction of the Marshpees, in reading
+and writing, under pain of death. Who, then, dared to teach them?
+
+Mr. Hawley, the former missionary, spent fifty or sixty years in
+Marshpee. He is mentioned in the history of Berkshire County, as a
+schoolmaster, for the Mohawks, Onedias and Tuscaroras, in 1748, and
+nothing more is known of him, up to his arrival in Marshpee. Thither
+he came to teach, in A.D. 1757, and there he staid till his death.
+What his care to educate the tribe was, may be judged from the facts
+that he _did not teach one_ Indian to read during his residence among
+them, as I am informed by those who knew him. He had probably imbibed
+the opinion that the natives were incapable of being taught, and
+therefore spared himself trouble that he thought would be of no use.
+Nevertheless, he was willing to preach to them, and had a good portion
+of their land set off for his support. Truth obliges me to say that
+not one Indian was converted during the fifty years of his ministry.
+The neighbouring whites were the sole recipients of the good resulting
+from his labors, if there was any. Speaking on this subject, the Rev.
+Cotton Mather Smith says that the arrangements for managing Indian
+schools were never thoroughly made; admirable as was the general plan,
+and much as it promised. I think I may safely vouch for the truth and
+honesty of the reverend gentleman's admission.
+
+Mr. Fish succeeded Mr. Hawley, in 1809, and was confirmed in his
+office by the authorities at Harvard, and the white overseers at
+Marshpee. The arrangement was sanctioned by the General Court, in
+1811; contrary to law, as we think. Surely it takes two sides to make
+a bargain, and the consent of the Indians was never asked or obtained.
+Both of the divines mentioned above were willing to have the use of
+the property of the Marshpees; I fear, under a mere pretext of doing
+them good; and, therefore, that they and the overseers might have a
+support from the plantation, the owners were constantly proclaimed
+to be savages. I wonder what the whites would say, should the Indians
+take possession of any part of their property. Many and many a red man
+has been butchered for a less wrong than the Marshpees complain of.
+
+Neither of the reverend gentlemen set up schools, and when the
+Marshpee children were put out to service, it was with the express
+understanding, as their parents all agree, that they should not be
+schooled. Many of those who held them in servitude, used them more
+like dogs than human beings, feeding them scantily, lodging them hard,
+and clothing them with rags. Such I believe has always been the case
+about Indian reservations. I had a sister who was slavishly used and
+half starved; and I have not forgotten, nor can I ever forget, the
+abuse I received myself. To keep Indian children from hearing the
+gospel preached in a land of gospel privileges, in order that they
+might do work unbefitting the Sabbath at home, has been the practice,
+almost without an exception, wherever I have had opportunity to
+observe. I think that the Indians ought to keep the twenty-fifth
+of December[5], and the fourth of July, as days of fasting and
+lamentation, and dress themselves, and their houses, and their cattle,
+in mourning weeds, and pray to Heaven for deliverance from their
+oppressions; for surely there is no joy in those days for the man of
+color.
+
+Let the reader judge from what has been stated, what good the Marshpee
+Indians have derived from their two missionaries. I say boldly, none
+at all. On the contrary, they have been in the way of the good that
+would have been done by others. I say also that all the religious
+advantages the Indians have enjoyed, have come from other ministers,
+and members of other churches. I am equally sure that the money paid
+for our use, from the Williams Fund, has been a curse, and not a
+blessing to us. Had some good Christian minister come to the tribe
+with half the sum, there is no doubt that God would have made him an
+instrument to raise up a respectable Christian Society; whereas the
+fund has only served to build up the missionaries and the whites about
+the plantation. I am glad that it has done even this good; though it
+be to our enemies; for I am not of a spirit to envy the prosperity
+of others; I rejoice in it. But I sincerely think it is wrong in the
+whites to take the gospel from the Indians, as they do in Marshpee,
+by occupying their meeting-house, and receiving the benefit of the
+missionary fund. I mean that the people about Cotuet and Marshpee go
+to our house, and fill it, to our exclusion, without any charge; while
+the Indians are enforced by the laws which deprive them of the use
+of their own lands, to pay a heavy tax, from which they derive no
+benefit. Is not depriving them of all means of mental culture the
+worst of all robberies? Can it be wondered, that the Indians become
+more and more degraded? I presume all honest people will regret that
+such has been the case. It will be seen that both the missionaries and
+their white followers, imbibed all the prejudices of the day, and by
+disseminating them, hindered others from doing us good. This is no
+excuse, however, for the government of this Commonwealth, whose duty
+it was to see that its red children were not abused in this way. We
+greatly fear that our white fathers did not much care about their
+colored children in Marshpee. At any rate, it may be some satisfaction
+to the philanthropists in the country to know how liberal they have
+been to their poor dependants.
+
+To begin--the Indians owe nothing to the Commonwealth of
+Massachusetts, or to the inhabitants of New England generally, for
+religious instruction, excepting a single appropriation of
+four hundred dollars, made in 1816 or 1818, for repairing their
+Meeting-house. Four hundred dollars more were appropriated in 1831,
+for the purposes of erecting two school houses; but not one cent for a
+teacher.[6]
+
+The way the Marshpees have supported a school hitherto, has been this.
+Some of them have lived abroad among the whites, and have learned to
+read and write, with perhaps some small smattering of arithmetic.
+On returning to the tribe, they have taught others what they knew
+themselves; receiving pay from those who had the means, and teaching
+the rest gratuitously. At the same time they have been compelled to
+support a preacher whom they did not wish to hear, and to pay, in one
+way or other, to the amount of four hundred dollars _per annum_ to
+white officers, for doing them injury and not good. Thus then, in one
+hundred and forty years they have paid fifty-six thousand dollars to
+the whites, out of their own funds, in obedience to the laws of the
+Commonwealth. In return, the whites have given them one thousand in
+labor and money. Truly the Commonwealth must make haste, or it will
+hardly be able to pay us the interest of our money. The principal we
+never expect to get.
+
+Thus, though it is manifest that we have cost the government
+absolutely much less than nothing, we have been called State
+paupers, and as such treated. Those are strange paupers who maintain
+themselves, and pay large sums to others into the bargain. Heigho! it
+is a fine thing to be an Indian. One might almost as well be a slave.
+
+To return to the proceedings of the court at Cotuet: When supper time
+was past, the Cotueter's were anxious to draw something out of me,
+by questioning. They said they knew more about the matter than I did;
+that I had gotten myself into difficulty, and that Mr. Fish was a good
+man, and had gained twenty members over to his church in twenty-five
+years. They might have added that these were infants, who became
+members merely by undergoing the rite of baptism. Perhaps they were
+very good members, when they grew up--perhaps not.
+
+Mr. Fish, alluding to the charge that but eight or ten of the Indians
+heard him preach, stated, in his memorial to the Legislature, that
+more than twice ten were upon his Sabbath School list. That might be
+true; but it was no answer to the charge. There may well have been
+on his list the names of so many persons, who attended neither his
+meeting nor his school. Nor had he denied the statements of the
+Indians in the least. I said to the gentlemen who were rejoicing over
+my supposed downfall, that I was glad they had taken me into custody,
+as it would lead to an investigation of the whole ground in dispute.
+Mr. Ewer presently arrived; his bail was accepted, and I and my
+friends returned home.
+
+On the seventh of July, I was again visited by the Hon. J.J. Fiske,
+who conversed freely with me on our religious affairs. He said it
+would be better for us to turn Congregationalists, as then we should
+probably be able to get assistance from the fund, I replied, that I
+cared little by what name I was called; for I was no sectarian, but
+could unite in the worship of God with all good Christians. It seemed
+to be the opinion of the Hon. J.J. Fiske, that it was wrong for the
+Rev. Mr. Fish to receive the salary he did, without attending to the
+concerns of the Indians.
+
+On the sixth, the head men of the tribe held a meeting, and agreed to
+rescind the former meetings until the session of the Legislature, as
+the commissioner had fairly stated that whatever could be done for us,
+would be done by that honourable body. We could do no less than accept
+a promise coming from so high an authority, and await the leisure of
+our father, the Legislature, though he had neglected us and suffered
+us to be abused. Who could say but that he would uplift his voice
+and weep aloud, on hearing the story of our wrongs, as Joseph and his
+brethren did when they recognized each other. And indeed, though our
+tender parent proved a little hard-hearted at first, by and by there
+was a little relenting toward his poor suffering babes of the woods,
+as will be seen in the proper place. The following notice was drawn up
+accordingly:
+
+    Whereas, certain resolutions have been made by us, the
+    Marshpee Indians, in reference to our plantation, we do
+    hereby solemnly declare, upon the security of the Governor's
+    Counsel,[7] that we shall be righted; and that there shall be
+    a change of government, if necessary, and that the governor
+    has pledged himself to do right, and that the property sold
+    for money or otherwise disposed of, shall be refunded to us
+    again, and that justice shall be done. Now, in consideration
+    thereof, we do hereby guaranty to our white neighbours that
+    they shall not be molested in their lawful concerns upon our
+    plantation, provided that no white man meddles or interferes
+    in any way whatever in our lawful affairs; and that you may
+    understand that it is so, we say the resolutions are revoked,
+    and we will wait with pleasure the sitting of the Legislature.
+
+    Done by order of the Marshpee Tribe, July 6, 1833.
+
+        DANIEL AMOS, _President_.
+
+        ISRAEL AMOS, _Secretary_.
+
+Soon after this, the Commissioner departed, and I saw him no more till
+the sitting of the General Court. About this time our affairs got into
+the public prints, and it was reported through the whole land that
+there were hostile movements among the Indians at Cape Cod, or
+Buzzard's Bay. All the editors were very willing to speak on the
+favorite topic of Indian wrongs; but very few of them said any thing
+about redress. On this head they were either silent or against us.
+Here and there was found one liberal and independent enough to speak
+in our behalf. Some of these articles shall be given, that it may be
+seen who were for or against our rights and privileges. It will be
+proper to state in the first place, however, that from July 4, to the
+sitting of the Court of Common Pleas, in September, there was little
+disturbance upon the plantation. We thought, from what we heard among
+the whites that they were inclined to spare no pains to frighten
+us; but we listened patiently and remained quiet, according to our
+promise.
+
+In August, we had a four-day meeting, which was the means of much
+good. Twelve Indians were redeemed from sin, and during the eighteen
+months that I have known them, the power of God has been manifested
+in the conversion of some thirty. God forbid that I should glorify
+myself; I only mention the circumstance to show that the Marshpees are
+not incapable of improvement, as their enemies would have the world
+suppose. But, under these circumstances, is it not natural for the
+Indians to think that their missionaries have cared less for saving
+their souls than for filling their own pockets, and that their
+thousands have been expended on them to very small purpose? I do think
+that the result of this meeting was in no wise pleasing to our white
+enemies.
+
+At harvest time the reapers cut their grain and carried it to their
+granaries. But they were under the control of their task masters. A
+dispute arose. A woman whose husband was absent, doing business upon
+the great waters, claimed a portion of the grain, while the overseers
+maintained that it belonged to them. She applied for assistance to one
+of the true proprietors, who, in the presence of five or six men who
+were with the overseer's team, unloaded it, and placed the grain where
+it ought to have been. I was present and happened to smile at this
+novel proceeding, which, I suppose was the cause of a prosecution that
+presently took place for trespass. My horse had bitten off five or six
+rye heads in a rye field, for which enormity his owner was obliged to
+pay ten dollars, though the actual damage was not to the value of six
+cents. I will not retort the petty malice which prompted this mean act
+of revenge, by mentioning names. I now proceed to mark out the state
+of public feeling, by some extracts from the newspapers. The following
+is from the New Bedford Press, of June 1, 1833:
+
+
+    MARSHPEE INDIANS.
+
+
+    The remnants of that race of men who once owned and inhabited
+    the forests and prairies of the Old Colony that have new
+    given place to large and populous villages and the busy hum
+    of _civilized_ man, are, it would seem, somewhat dissatisfied
+    with the manner in which they are governed by the State
+    authority. Communications illustrative of the condition of
+    the _Marshpee Indians_ in the County of Barnstable, have been
+    forwarded to us by the agent of the tribe, by which it appears
+    that they have been abused. Intelligence from other quarters
+    comes fraught with bitter complaint, and there can be
+    no manner of doubt that too ample room remains for the
+    improvement of their condition. The communications at hand
+    advise the Indians to stand out for their right to appoint
+    their own overseers, and do all business now especially done
+    by the State. That they ought to be allowed this privilege,
+    (if _privilege_ it may be called,) there is no question; but
+    there is a question, whether this is the first important step
+    to be taken. By a list of names which accompanies our advices,
+    it appears that very few are able to write their own names,
+    their mark being affixed instead; and in addition to this, we
+    are informed that there are many who cannot even read. With
+    this view of their condition the correct and efficient course
+    to be pursued would seem to be that of sending _Education
+    Missionaries_ among them, that in contending for their rights,
+    of which they say they are deprived, they may be enabled to
+    act understandingly.
+
+This may serve to show that the Marshpees had long been dissatisfied
+with their government, and that very many complaints had been made;
+which will be illustrated by extracts from divers petitions, in
+another page. The next refers to the Marshpee trials, and is signed
+in a manner signifying that the writer speaks advisedly, and from
+knowledge.
+
+    _From the Barnstable Journal of July 18, 1833_.
+
+
+    Mr. Apes was arrested at the Marshpee Plantation on the 4th,
+    by order of the Executive, and required to give bond for his
+    good behaviour.
+
+    Mr. Apes now says, that this statement is not correct; that
+    the Governor has ordered no such thing, and that he never was
+    requested in all his life to give bond for his behavior.
+
+    Much has been said in and out of the papers about the Indians
+    in Marshpee. All that the Indians want in Marshpee is to enjoy
+    their rights without molestation. They have hurt or harmed no
+    one. They have only been searching out their rights, and in so
+    doing, exposed and uncovered, have thrown aside the mantle of
+    deception, that honest men might behold and see for themselves
+    their wrongs. The Indians could spread columns before the
+    world which would cause the hearts of good men to be sad, and
+    recoil at the conduct of their white brothers. All that Mr. A.
+    wishes is, that people would tell the truth.
+
+        A BEHOLDER.
+
+With regard to this article, I have to say that it speaks the truth.
+If an honest white man could look into our private affairs and know
+what wrongs we have suffered, it would change his complexion to a hue
+redder than the Indian's. But the crimes committed against our race
+cannot be enumerated here below. They will each and all, however, be
+judged at the bar of God, and it must be the comfort of the poor and
+oppressed, who cry for justice and find it not, that there is one who
+sees and knows, and will do right. The next is from the Boston Daily
+Advocate, of July 12.
+
+    Rev. Mr. Apes, who has been conspicuous in the Marshpee
+    nullification, has, we learn, been taken and committed to jail
+    in Barnstable county; upon what process, we are not informed,
+    but we trust, for the honor of the State, that while our
+    mouths are yet full of bitterness against Georgian violence,
+    upon the Indians, we shall not imitate their example.
+
+How true it is that men see the faults of others, rather than their
+own. If the good people of Massachusetts were as ready to do right as
+to have the Georgians do right, the Marshpee Indians might, perhaps,
+send a Representative to the Legislature. I hope the remark will give
+no offence. The next is from the same print, of July 15, 1833.
+
+    The Marshpee affairs, we are gratified to learn, are
+    more quiet than they have been. The Indians took forcible
+    possession of the Meeting-house the other day, and have
+    retained it ever since, but no farther act has been committed
+    on their part. They notified Mr. Fish that they had dismissed
+    him from their Parish, and also formally gave notice to the
+    overseers that their offices were at an end. Hon. J.J. Fiske,
+    of the Executive Council, has visited the Indians, by request
+    of the Governor, and has, we learn, discharged the duty in a
+    highly conciliatory and discreet manner. The Indians would
+    not at first consent to see him, but being satisfied of the
+    disposition of the Executive to listen to their grievances,
+    they met Mr. Fiske alone in the Meeting-house, where, by their
+    special request, the overseers also appeared. The Sheriff of
+    the county, Hon. John Reed, and others, were also present.
+    About one hundred of the Indians appeared, many of them armed
+    with guns. They were perfectly under the command of Apes, but
+    all of them conducted with propriety, and seemed peaceably
+    disposed. Mr. Fiske heard their complaints for one day. Their
+    demands were to have the overseers removed, and the books and
+    funds, now in the hands of the Treasurer, transferred to
+    them; and in fact to be left to the entire management of their
+    affairs. It was explained to them that the Governor had no
+    power to do this, if he were so disposed. That he could only
+    change their overseers, and lay their complaints before the
+    Legislature, who alone could alter the laws now governing the
+    plantation. To this, Apes would not agree, insisting that they
+    should be relieved of the guardianship of the State, and that
+    the Governor could do it at once.
+
+    He was questioned as to his own right to be on the plantation,
+    to which he does not belong, and finding all argument useless
+    with him, Apes was arrested in the assembly, (where he was
+    acting as moderator,) upon a warrant for assault and trespass,
+    in unloading the teams of Mr. Sampson. The Indians were
+    perfectly quiet, and Apes having been bound over for his
+    appearance to take his trial, in the sum of $200, he was
+    immediately bailed by Mr. Ewer, a Justice of the Peace, and
+    was not committed to jail, as has been represented. After his
+    arrest, he expressed some contrition, and admitted he had gone
+    too far. The ultimate understanding appears to be with the
+    Indians, that they will offer no further resistance, but wait
+    patiently for a redress of grievances, until the meeting of
+    the Legislature, when they confidently expect to have their
+    guardianship removed. As an evidence of their peaceable
+    disposition, "President" Amos, at the request of Mr. Fiske,
+    gave up the key of the Meeting-house, for Rev Mr. Fish to
+    occupy the pulpit, and asked as a favor, that the Indians
+    might occupy it half the time. The result of the mission
+    of Mr. Fiske, is therefore very favorable, and if a similar
+    course is pursued hereafter, there will be no further
+    difficulty with the tribe. They should be treated with
+    all possible lenity and kindness, for the honor of the
+    Commonwealth.
+
+The Indians would not consent to see Mr. Fiske at first, because they
+did not like to meet their enemies off their own ground, and I
+presume they would not have consented to do so to this day. As to the
+Counsellor's meeting us alone, it was the especial direction of
+the Governor that he should hear the parties separately, because,
+supposing the government to be oppressive, it seemed to him that the
+Indians would be afraid to speak plainly in presence of their masters,
+or proffer their complaints. The Indians wished to do nothing in a
+corner; but rather to proceed with an open and manly spirit, that
+should show that they were unjustly accounted abject and willing
+slaves. As to my opinion of the powers of the Governor, I have already
+admitted that I was in error; for I am not a man skilled in legal
+subtleties. My reason for pressing our claims so strongly was, to make
+the way easy for my brethren, till something could be done for them.
+The Indians were requested to give up their own Meeting-house to
+a gentleman who did not come at their request, and to gather other
+people into it to suit his convenience. The Indians asked for their
+own house for only half the time, and even this was denied them.
+The law not bearing out their petition, they could only obtain it by
+force, and, finding this to be the case, they forbore.
+
+The question is, how can a man do good among a people who do not
+respect him or desire his presence, and who refuse to hear him preach?
+Yet Harvard College has forced such an one on the Marshpees against
+their will, right or wrong.
+
+I heard a white lady observe, that Mr. Fish was not a preacher for
+every one; as though he was not fit to preach to any but us poor
+ignorant Indians. Nevertheless, if any people need a talented,
+enterprising preacher, we are the very ones. Some may suppose Mr. Fish
+to be a Unitarian. He was, when he was first settled at Marshpee;
+but his opinions underwent a change soon after, and he became what is
+commonly called an orthordox Congregationalist. In order to be a good
+one, he ought to make one more change--a change of inclination, to
+force himself on poor Indians. One who has such an inclination cannot
+be a good member of any sect, or an honor to it. Such a person can be
+no ornament to any ecclesiastical body. I would not have it inferred
+from this that a breath of reproach is in my mind, or in those of my
+brethren against any denomination of Christians. We love all who love
+the Lord Jesus in sincerity.
+
+I expressed no contrition because I thought I had acted morally wrong,
+or had asked any thing more than was right; but because I had mistaken
+the _law_, which in this case was a very different thing from justice.
+
+The next article is from the Barnstable Journal, of July 25. It will
+serve to show that though the matter had been perfectly explained to
+the inhabitants of Barnstable County; yet it contained some of our
+worst enemies as well as best friends. Our enemies were those in
+office, and those under their influence. The majority believed the
+Indians to be wronged, and ought to have had redress; and these were
+unable to act in our behalf. Those who did act were either our enemies
+or persons who had no minds of their own, and were led by them in all
+they did. Many of them did, nevertheless, sympathise with the Indians,
+and pitied them when cast into prison, for all men can appreciate the
+blessing of liberty.
+
+    MARSHPEE INDIANS.
+
+
+    MESSRS. EDITORS,
+
+    We observed in one of your late papers, some editorial remarks
+    which breathed a spirit of candor and good will towards us,
+    and not of ridicule and sarcasm, like that of your neighbor,
+    the Patriot. Now Messrs. Editors, as our situation is but
+    little understood, and the minds of the people much agitated,
+    we feel a desire to lay before them some of the causes of the
+    late excitement. We have long been under guardians, placed
+    in authority over us, without our having any voice in the
+    selection, and, as we believe, not constitutional. Will the
+    good people of Massachusetts revert back to the days of their
+    fathers, when they were under the galling yoke of the mother
+    country? when they petitioned the government for a redress of
+    grievances, but in vain? At length they were determined to try
+    some other method; and when some English ships came to Boston,
+    laden with tea, they mustered their forces, unloaded and threw
+    it into the dock, and thereby laid the foundation of their
+    future independence, although it was in a terrible war, that
+    your fathers sealed with their blood a covenant made with
+    liberty. And now we ask the good people of Massachusetts, the
+    boasted cradle of independence, whom we have petitioned for a
+    redress of wrongs, more grievous than what your fathers had
+    to bear, and our petitioning was as fruitless as theirs, and
+    there was no other alternative but like theirs, to take our
+    stand, and as we have on our plantation but one harbor, and no
+    English ships of tea, for a substitute, we unloaded two wagons
+    loaded with our wood, without a wish to injure the owners of
+    the wagons. And now, good people of Massachusetts, when your
+    fathers dared to unfurl the banners of freedom amidst the
+    hostile fleets and armies of Great Britain, it was then that
+    Marshpee furnished them with some of her bravest men to fight
+    your battles. Yes, by the side of your fathers they fought
+    and bled, and now their blood cries to you from the ground to
+    restore that liberty so unjustly taken from us by their sons.
+
+        MARSHPEE.
+
+The next article is from the Boston Daily Advocate. In the editorial
+remarks will be discerned the noble spirit of independence and love of
+right which are prominent characteristics of Mr. Hallett's character,
+and which induced him, throughout the controversy, to lend the aid of
+his columns to the poor and oppressed descendants of the people who
+welcomed his forefathers to their shores. He is not ungrateful for the
+kindness showed them in a time so remote. I think it my duty to say
+of him, that he has been fruitful of good works in behalf of all the
+oppressed. We Indians have tried his integrity and have found it sound
+metal. He gave us the aid of his extensive learning and undeniable
+talent, and carried our cause before the Legislature with no other end
+in view than the good of the Commonwealth and of the Marshpee tribe,
+and a strong desire to wipe from the character of his native State the
+foul blot of our continued wrongs. He never asked where his pay was to
+come from; but exposed the iniquities which had been transacted in the
+affairs of the Marshpee people, without hesitation, fear or favor, a
+course he has steadily pursued to this day. We acknowledge his doings
+as acts of pure benevolence toward us, and we say that the sons of the
+pilgrim fathers may well be proud of such a brother. Had others been
+only a little like him, we should have had no reason to complain; and
+we recommend him as an example, to all who may hereafter have dealings
+with Indians. Let them do as he has done, and they will be honored as
+he is. To be sure, it is no great matter to be loved and honored by
+poor Indians; but the good will of even a dog is better than his ill
+will. The rich man fared sumptuously every day, while the poor one was
+lying at his gate, feeding on the crumbs that fell from his table, and
+the dogs only had compassion on him. They both died; and we read that
+God sent a convoy of angels to bring the poor man safe home. The rich
+man doubtless had a splendid funeral; but we do not hear that he had
+any favor from his Maker. O, ye who despise Indians, merely because
+they are poor, ignorant, and copper-colored; do you not think that God
+will have respect unto them?
+
+    THE MARSHPEE INDIANS.
+
+
+    We have received a genuine communication from one of the
+    Marshpee Indians, and as we verily believe that tribe is in
+    many respects wronged by the whites, and neglected by their
+    legal guardians, the Legislature, we are desirous of giving
+    them a hearing, that justice may be done them, if it be a
+    possible matter to get such a thing as justice and good faith
+    from white men toward Indians. Undoubtedly some of their
+    supposed grievances are imaginary and much exaggerated, but
+    others are real, and tend greatly to depress them. We have
+    had an overflow of sensibility in this quarter toward the
+    Cherokees, and there is now an opportunity of showing to the
+    world whether the people of Massachusetts can exercise more
+    justice and less cupidity toward their own Indians than the
+    Georgians have toward the Cherokees. We earnestly exhort the
+    Marshpeeians to abstain from all acts of violence, and to rely
+    with full confidence upon the next Legislature for redress.
+    That body has heretofore treated their claims too lightly,
+    but there is a growing disposition to hear and relieve their
+    grievances. A memorial from the tribe, setting forth the
+    wrongs of which they complain, would unquestionably receive
+    prompt attention. The laws by which they are exposed to the
+    cupidity of their white neighbors, are extremely defective,
+    and require a thorough reform. Our correspondent, who we
+    believe speaks the sentiments of the tribe, shall be heard for
+    himself, and we hold our columns free to publish any facts,
+    on either side of this question, which may be offered to the
+    public.
+
+    "MARSHPEE, AUG. 5, 1833.
+
+    MR. HALLETT,
+
+    _Dear Sir_--With regret I say that your white brethren still
+    think it a privilege to impose upon us here. The men upon
+    our plantation were gathering their rye harvest, and the poor
+    women whose husbands were at sea, who had let out their land,
+    confidently expected to have their share, but it was taken
+    from them by unjust men, and not so much as a spear of it left
+    to sustain them, or even the promise of help or aid in any
+    way; it was not taken for debt and no one knows for what. The
+    overseers have now become displeased, and choose at this time
+    to use their great power. I hope we shall not have to call
+    upon the State to protect us, but if we are imposed upon in
+    this manner, we believe we shall. And while we are willing
+    to be still and peaceable, we think that those of our white
+    friends, with the light they possess, ought to show as much
+    of the spirit of kindness as poor ignorant Indians. The
+    Legislature has bound the poor Indians as they have. The
+    Indians would propose one thing. We have some white men here
+    who will smuggle rum, and sell it to the Indians, and as they
+    have no license, they ought to be stopped. We are happy to say
+    that many of our Indians are temperate, but we wish them
+    all to be, and we want some way to have a stop put to these
+    things, for these white men are ten times worse than any
+    of the Indians. I might name a Fuller, a Chadwick, and a
+    Richardson; we really wish that the honorable Legislature
+    would place guardians over them, to keep them from wasting our
+    property in this way. While I was absent, there was a man
+    that sued me for trespass, and tried the case without my
+    information. What kind of law is this? I had the liberty of
+    baiting my horse in a field. A man had rye in a field he did
+    not hire, but took it upon shares. My horse got in his rye,
+    but six cents would pay all the damage. But the action is not
+    damage, but trespass, and that done unknown to me.
+
+    It is impossible to give you the details of wrongs imposed
+    upon the Indians. We are to be accused by our enemies, tried
+    by them, and condemned by them. We can get redress no where,
+    unless we trouble the government all the while, and that we
+    are delicate to do.
+
+    Now we believe that some of these things published abroad
+    would do good, and we should have more peace.
+
+    Yours, most obediently."
+
+    We have received another communication from Marshpee, upon the
+    same subject.
+
+    "Having seen several articles in your paper, relating to
+    the Marshpee tribe, we perceive that your paper is free, not
+    muzzled. Marshpee Indians speak for themselves. It is not to
+    be doubted but that the public would like to hear the Indians
+    speak for themselves. It has been represented that the Indians
+    were troublesome, and war-like movements were among us. If to
+    make an inquiry into our rights by us, is war-like, so it is.
+    Otherwise than this we know nothing about it, and we know of
+    none that has a disposition to shed blood. It is true that
+    the day the Hon. J.J. Fiske, of the Governor's Council,
+    was present with us, in a council at the meeting-house, the
+    Indians, three in number, were out in the morning, hunting
+    deer, and when they came to the meeting-house, they had their
+    business to attend to, and could not conveniently go four or
+    five miles to put up their muskets, neither did we see the
+    propriety of their so doing. We believe that a just man would
+    not have trembled at an old rusty musket.
+
+    We are hard to believe, that any people, served as we have
+    been here, would more kindly submit to it, than we have. We
+    think now we have submitted long enough, and we thought it no
+    crime to look, or ask after our rights. But we found our
+    white neighbors had thrown their chains of interest around our
+    principal stock, so much so that we began to think they soon
+    would drag both interest and principal all away. And no wonder
+    they began to cry out, when they saw that the Indians were
+    likely to unhook their chains, and break their hold. We
+    believe white men had more war in their hearts than any of the
+    Indians.
+
+    We are willing to hint a few things. We thought white men
+    would do well, that they were trusty. We doubt not but what
+    they be among themselves; but we scarcely believe that they
+    care much for the poor Indians, any further than what they can
+    get out of them. It is true we have land in Marshpee. We can
+    stay upon it; but we have had to pay one dollar per cord, to
+    the overseers, for our own wood, and take it or carry it
+    just where these men said. Our meadows were taken from us and
+    rented out to white people, our pastures also. About twelve
+    hundred cords of our wood has been cut the last year, and we
+    judge the minister has cut one hundred and fifty cords for his
+    share. And in a word, they did as they pleased. The poor could
+    get a pound of meat, or a half peck of corn, and one quart of
+    molasses for two weeks. Much might be said, but we forbear.
+    It is true that we have had a preacher, but we do not believe
+    that he cares any thing about us. Neither had we any hand in
+    his settlement over us. To be sure, he likes to stay with us,
+    but we think it is because he gets so much good pay. But five
+    or six adult persons attend his preaching, there being _not
+    one Indian male_ belonging to his church. This gentleman has
+    cut much wood, to the dissatisfaction of the Indians; and it
+    is true they have passed resolutions that they will not hear
+    him preach. Yet he wants to stay with us.
+
+    Interest men tremble and threaten, but we fear not, and
+    sincerely hope they will soon tremble before God, and prepare
+    to meet their Judge, who will do right, and who will have no
+    regard for skins or color.
+
+        THINK OF THE INDIANS.
+
+We turn from this judicious and liberal article, to one that is less
+favorable. It is from the Barnstable Journal, of August 22, 1833.
+
+    THE INDIANS.
+
+
+    We learn from South Sandwich that the Indians, constituting
+    the Marshpee tribe, intend to petition at the sitting of the
+    next Legislature, for a redress of grievances, and a revision
+    of the code of laws by which they are governed. The recent
+    revolt among them, and the measures adopted to make known
+    their situation and treatment, by themselves, and by those who
+    have avowed their friendship toward them, (its validity time
+    will determine,) gave rise to considerable excitement. An
+    inquiry into the state of affairs was instituted, which
+    terminated, as far as we have been able to learn, to the
+    satisfaction of those employed in the investigation, that
+    some of the evils under which they are labouring are real,
+    and rendered so by the laws of the Commonwealth, but many
+    imaginary. We do not doubt that the state of society among
+    them is low and degraded, comparatively speaking, but what
+    contributes to keep them in this situation we are unable to
+    say, unless it be, that the plantation has been a resort of
+    the vagrant, the indolent, and those whom refined society
+    would not allow among them. If this is the case, and we
+    believe it has been, something should be done, either among
+    the Indians, or by the Legislature, to remedy the evil.
+    We have understood also, that certain individuals, located
+    contiguous to the plantation, retail ardent spirits to them
+    in quantities as large as they are able to pay for. If this be
+    the fact, such men should be ferreted out, and in justice to
+    the Indians, to the community about them, and to the laws of
+    the land, they should be made to suffer, by being exhibited to
+    public derision, and by the penalty of the act prohibiting
+    the retail of spirits. If they have not the power, and no one
+    feels willing to go forward in shutting up these poisonous
+    springs, give them the power, and if they do not exercise it,
+    let them suffer.
+
+    Mr. Apes is among them, and attended the "Four Days Meeting,"
+    held during the present month, which we are told was managed
+    with good order and regularity.
+
+The writer here says that the Indians are vile and degraded; and
+admits that they can be improved. He gives no explanation of the
+causes of their degradation. If the reader will take the trouble to
+examine the laws regarding the Marshpees, he will see those causes of
+the inevitable and melancholy effect, and, I am sure, will come to
+the conclusion that any people living under them must necessarily be
+degraded. The Journal, however, does us the small justice to admit,
+that we are not so degraded but that we can hold a meeting of four
+days duration, with propriety and moderation. What, then, might we not
+do, were proper pains taken to educate us.
+
+The next two extracts are from the Boston Advocate of September 10 and
+11, 1833.
+
+    THE MARSHPEE INDIANS.
+
+
+    We are mortified for the honor of the State, to learn from
+    Barnstable County, that the Court of Common Pleas and Sessions
+    there, (Judge Cummins,) have tried and convicted William Apes
+    and six Indiana of the Marshpee tribe, upon charges connected
+    with the efforts of the Indiana to obtain justice from their
+    white masters. Apes is very popular with the Indians, and
+    this persecution of him, which at least was unnecessary, will
+    inflame them the more.
+
+    The papers say the conviction was for _riot_. This cannot
+    be, for there was no riot, and no riot act read. Apes and
+    his associates prevented a man from carrying wood off the
+    plantation. They were, perhaps, wrong in doing so, but the
+    law which takes this wood from the Indian proprietors, is as
+    unjust and unconstitutional as the Georgia laws, that take the
+    gold mines from the Cherokees. Could the question of property
+    have been tried, the act of stopping their own wood, by the
+    Indians, could not have been made even trespass, much less
+    riot. It is said that Apes and the rest were indicted under
+    some obsolete law, making it a misdemeanor to conspire against
+    the laws. We have looked for such an act, but cannot find it
+    in the Statute Book.
+
+    At any rate, law or no law, the Indians were indicted and
+    convicted. They were tried by their opponents, and it would be
+    impossible to get justice done them in Barnstable County. An
+    impartial jury could not be found there. It is the interest of
+    too many to keep the Indians degraded. We think the conviction
+    of these Indians is an act of cruelty and oppression,
+    disgraceful to the Commonwealth. The Marshpee Indians are
+    wronged and oppressed by our laws, nearly as much as ever the
+    Cherokees were by the Georgians. But it is useless to call for
+    the exercise of philanthropy at _home_. It is all expended
+    _abroad_.
+
+    An attempt was made to indict some of the white harpies, who
+    are selling rum to the Indians, without license. Those men got
+    clear, and are still suffered to prey on the poor Indians;
+    but to stop a load of wood, which in reality belonged to the
+    Indians themselves, was an outrage which the Court were ready
+    enough to punish! Is it creditable to let the _white_ spiders
+    break through the laws, while we catch and crush the poor
+    Indian flies?
+
+
+    THE INDIANS.
+
+    William Apes and the Marshpee Indians, who were tried before
+    the Court of Common Pleas, in Barnstable County, were ably
+    defended by Mr. Sumner, of this city. Apes was sentenced by
+    Judge Cummings, to thirty days imprisonment in the common
+    jail. One other was sentenced to ten days imprisonment, and
+    the rest were not tried. When the sentence was pronounced,
+    several Indians who were present, gave indications of
+    strong excitement at what they conceive to be a tyrannical
+    persecution. It is much to be feared, that this unnecessary
+    and apparently vindictive course, pursued by the overseers
+    and their friends, after the Indians had become quiet, and
+    resolved to wait patiently for redress from the Legislature,
+    will inflame them to acts of violence, and give the whites,
+    who wish to oppress them, further advantages over them.
+
+    We have visited the greater part of the tribe recently, in
+    their own dwellings, and we know how strongly and unanimously
+    they feel upon the subject of what they really believe to be,
+    their slavery to the overseers. If, therefore, the course we
+    have pursued, and mean to pursue, in laying their claims to
+    justice before the public, entitles us to be listened to as
+    a friend, we beg them to abstain from all acts which violate
+    even the unjust and hard laws by which they are now held
+    in bondage. Resistance will furnish their enemies with the
+    strongest weapons against them, and discourage their friends.
+    Let them endure patiently, till the next Legislature meets,
+    and if there is any virtue or honesty in our public men, the
+    rights of the Marshpee Indians will be secured.
+
+    In our last article we said that it was impossible for the
+    Indians to have an impartial jury in Barnstable. We did not
+    mean that this arose from all the whites being opposed to
+    the Indians. They have many friends in Barnstable County, who
+    think them deeply injured, and who have no interest in keeping
+    them degraded, in order to enjoy the privileges which too many
+    whites now have, at the expense of the tribe. We alluded to
+    the influences that would be used upon the jury, as in
+    the case of Apes, where we learn, that three individuals,
+    favorable to the Indians, but having formed no opinion in that
+    case, were excluded from the regular jury. One of them was set
+    aside, for saying he thought the Indians ought to be free. We
+    are still at a loss to know under what law these Indians were
+    found guilty of riot, in preventing their own wood from
+    being carried off their own land. Where are all our Cherokee
+    philanthropists, at this time?
+
+The injustice of the proceedings of the Barnstable Court of Common
+Pleas and Sessions, is here fitly exposed. In empanelling the jury, it
+is certain that no name of one favorably inclined toward the Indians
+was selected, and there are many who do not scruple to say, that it
+was the determination of the Court to condemn them, right or wrong.
+Nevertheless, it appeared from the evidence brought, that no fear or
+alarm whatever had been occasioned to the complainants; and that all
+they had to complain of was having been hindered from taking away the
+Marshpees' wood.
+
+It may not be amiss to say here, that when the honorable Judge said he
+thought it would be well to postpone the case till the next session,
+the District Attorney, Mr. Warren, replied that he did not think it
+would be proper, because such a course would involve the Commonwealth
+in extra expense. I should like to ask what thanks are due to
+the learned gentleman from the Commonwealth, for subjecting it to
+continued reproach and disgrace for the sake of a few dollars. Or, can
+it be that there is no disgrace in persisting in wrong toward Indians?
+Let those who think so, think so still; but there are many who think
+otherwise, and there is one above who knows that they think rightly.
+
+When the witnesses and the pleadings had been heard, the jury retired,
+for the sake of decency, and presently returned with a verdict of
+_guilty_. I thought that his Honor appeared to be pleased with it. The
+judgment was suspended about two hours, when the Court again sat, and
+the matter was called up. There was not a little said concerning
+the case. Messrs. Reed, Sumner, Holmes and Nye, of Yarmouth, Boston,
+Rochester, and Sandwich, all professional men, were opposed to the
+course pursued by the Court, and thought that an exposition of the
+law to us and reprimand would be productive of a better effect, than
+imprisonment, or other severe punishment, which they justly believed
+would do no good whatever. Their judgment has since been confirmed by
+public opinion, and by the acts of the Legislature.
+
+Since this affair took place, I have been kindly informed by a
+gentleman of Barnstable, that my punishment was not half severe
+enough. I replied that, in my mind, it was no punishment at all; and I
+am yet to learn what punishment can dismay a man conscious of his own
+innocence. Lightning, tempest and battle, wreck, pain, buffeting and
+torture have small terror to a pure conscience. The body they may
+afflict, but the mind is beyond their power.
+
+The gentleman above mentioned, and one other, have frequently said to
+the Marshpees, "If you will only get rid of Apes, and drive him off
+the plantation, we will be your friends." This has been their continued
+cry since I began to use my poor endeavors to get the Indians righted;
+and if it is not now universally believed that it is impossible to
+benefit and befriend the Indians while I am among them, it is not
+because they have spared any pains to propagate the doctrine. One
+would think, to hear these gentlemen talk, that they have a strong
+desire to benefit the Marshpees; and the question naturally arises,
+what steps they would take to this end, if they had the power. If
+we are to judge of the future by experience of the past, we may
+reasonably suppose that they would profit the tribe, by getting
+possession of their property, and making their own advantage of it.
+
+The Taunton Gazette found fault with the government of the
+Commonwealth, for having placed the Marshpees under its laws contrary
+to their wish and consent, and denies its right so to do. This may
+be considered as in some degree indicative of the feeling of the good
+people of Taunton; and there are many other towns in Massachusetts
+where a kindly feeling is entertained for our persecuted race. We
+believe the wish to relieve us from bondage is general throughout the
+State, and we earnestly hope that a few designing men will not be able
+to accomplish their selfish ends, contrary to the will of a majority
+of the people.
+
+The next article is from the Boston Advocate, of December 4, 1833.
+
+    TEMPERANCE AMONG THE INDIANS AT MARSHPEE.
+
+
+    The Indians met upon the 11th of October to take into
+    consideration the cause of temperance, and to investigate the
+    evils that King Alcohol has practised upon us, by infusing
+    into our heads fancied riches, fame, honor, and grandeur,
+    making us the sovereigns of the whole earth. But having been
+    so often deceived, beat, abused and tyrannized over, and
+    withal cheated, and robbed, and defrauded by this tyrant, and
+    to cap the climax, almost deprived of our senses, burnt and
+    nearly frozen to death, and all our expectations cut off as
+    to the comforts of life, it was agreed upon, (after an
+    appropriate address from the Rev. William Apes, setting forth
+    the evils of intemperance and its awful effects in wasting
+    away our race, like the early dew, before the morning sun,)
+    by our most influential people to attack this mighty champion,
+    and if possible, overcome him, and shut him up in prison, and
+    set a seal upon him, that he shall deceive our nation no more.
+    Accordingly a Temperance Society was formed, and the following
+    officers were elected: Rev. William Apes, President; Rev.
+    Joseph Amos, Vice President; Dea. I. Coombs, and Thomas
+    Hush, Recording Secretaries; Dea. C. Hinson, Corresponding
+    Secretary; Executive Committee, Oakes Coombs, Joseph Tobey,
+    Frank Hicks. Forty-two of the tribe united in the pledge of
+    Temperance.
+
+    Nov. 14. We met again, and the President again addressed the
+    meeting, much to the satisfaction of the people. After which
+    many others gave spirited addresses, setting forth the evils
+    of intemperance, in a most pathetic manner. It has caused a
+    wonderful effect, and our brethren are enlisting to take hold
+    and shut up our great enemy in prison, and choke him to death
+    by total abstinence. Friends of Temperance help.
+
+    The Society passed the following resolutions:
+
+    _Resolved_, That we will not countenance the use of ardent
+    spirits among us, in any way whatever; and that we will do
+    all in our power to suppress it. That we will not buy it
+    ourselves, nor suffer it to be in our houses, unless ordered
+    by a physician.
+
+    _Resolved_, That this Society shall meet monthly, to regulate
+    itself, and if any one is found to break their pledge, the
+    same shall be excluded, without speedy repentance.
+
+    _Voted_, That the above be printed. Sixty-one is found upon
+    our list.
+
+        CHRISTOPHER HINSON, _Cor. Sec'y_.
+
+        _Marshpee, Nov. 15_.
+
+It appears from this that Indians can be temperate, and have a
+disposition and desire to benefit themselves. It shows, too, that
+they are capable of organizing societies, and taking care of their own
+concerns, as well, to say the least, as any equal number of persons in
+the Commonwealth; for they certainly feel more strongly interested for
+themselves than others can be for them.
+
+It will be seen that little was done concerning our tribe, from
+the session of the Court at Barnstable up to the meeting of the
+Legislature, though the opposition to us had wealth, talent and power
+in its ranks. Clergymen, lawyers, physicians, counsellors, Governor,
+senators, and representatives were arrayed against us; and we
+Marshpees account all who opposed our freedom, as tories, hostile
+to the constitution, and the liberties of the country. This is our
+sincere opinion of them, and it is to us a thing inexplicable that his
+Excellency, the then Governor, should have seen fit to place himself
+at their head.[8] We desire to thank our Maker that they found
+themselves in the minority of the people, and fell in the esteem of
+Christian and benevolent persons who heard of their conduct. We thank
+the majority of the controllers of public affairs, that they had
+more sense than to think of holding the rightful lords of the soil in
+bondage any longer, for the gratification of selfish and unjust
+men. Honorable is it to Massachusetts that there are enough good and
+upright men in authority, to counteract the measures of those of a
+different character, and remedy the evils they may occasion.
+
+I shall now proceed to present to my brethren, an Indian's appeal to
+them, and the laws framed by the Legislature for the oppression and
+moral and political destruction of the Marshpees in by-gone days.
+My comments thereupon will be omitted, because, should I say all
+the subject suggests, it would swell my book to a bulk that would be
+wearisome to the reader.
+
+    AN INDIAN'S APPEAL TO THE WHITE MEN OF MASSACHUSETTS.
+
+
+    As our brethren, the white men of Massachusetts, have recently
+    manifested much sympathy for the red men of the Cherokee
+    nation, who have suffered much from their white brethren;
+    as it is contended in this State, that our red brethren,
+    the Cherokees, should be an independent people, having the
+    privileges of the white men; we, the red men of the Marshpee
+    tribe, consider it a favorable time to speak. We are not free.
+    We wish to be so, as much as the red men of Georgia. How will
+    the white man of Massachusetts ask favor for the red men
+    of the South, while the poor Marshpee red men, his near
+    neighbors, sigh in bondage? Will not your white brothers of
+    Georgia tell you to look at home, and clear your own borders
+    of oppression, before you trouble them? Will you think of
+    this? What would be benevolence in Georgia, the red man thinks
+    would be so in Massachusetts. You plead for the Cherokees,
+    will you not raise your voice for the red man of Marshpee?
+    Our overseers are not kind; they speak, you hear them. When we
+    speak for ourselves, our voice is so feeble it is not heard.
+
+    You think the men you give us do us good, and that all is
+    right. Brothers, you are deceived; they do us no good. We
+    do them good. They like the place where you have put them.
+    Brothers, our fathers of this State meet soon to make laws;
+    will you help us to enable them to hear the voice of the red
+    man?
+
+        _Marshpee, Dec. 19, 1833_.
+
+This appeal was published in several of the public prints, in order to
+make our dissatisfaction manifest.
+
+The next extract is from the Boston Advocate, and shows what
+opposition was made to the reading of our petition in the House of
+Representatives. The article says all that can be said for itself.[9]
+
+    PETITION OF THE MARSHPEE TRIBE OF INDIANS.
+
+
+    Yesterday morning, in the House, Mr. Cushing of Dorchester,
+    presented the petition of the Proprietors and inhabitants of
+    the Marshpee Plantation, signed by 79 males and 92 females on
+    the plantation, and in behalf of 79 males and 37 females, who
+    are absent from the plantation, and say they will not return
+    to live under the present laws, in all 287: praying for the
+    privilege to manage their own property; for the abolition of
+    the overseership, that they may be incorporated as the town of
+    Marshpee, with the right to make municipal regulations; that
+    one or more Magistrates may be appointed among them; and for a
+    repeal of the existing laws relating to their tribe, with the
+    exception of the law preventing their selling their lands,
+    which they pray may be retained; and for a redress of
+    grievances.
+
+    [The Memorial sets forth in detail, the complaints of the
+    tribe, and was drawn up among themselves, without assistance.
+    It is represented here by Deacon Coombs, Daniel Amos, and
+    William Apes, all of them well informed Indians, who
+    are deputed by the tribe, and were present in the House
+    yesterday.]
+
+    Mr. Cushing moved that the petition be read and referred to a
+    special Committee, to be joined by the Senate.
+
+    Mr. Swift of Nantucket, said there was a statement to be
+    made from the Governor and Council, on the subject of the
+    difficulties with the Indians, and he hoped the petition would
+    be laid on the table without being read.
+
+    Mr. Allen of Pembroke, hoped the motion to read the petition
+    would not prevail. We should have in a few days a statement
+    from the Governor and Council, and he hoped nothing would be
+    done until that was received, to prejudice the House.
+
+    Mr. Cushing of Dorchester, was not aware that any objections
+    could be made to the reading of the petition, which he
+    considered as a matter of course; nor could he see how a
+    knowledge of the matter could prejudice the House. He presumed
+    the House would not take upon itself to refuse to hear the
+    petition of the humblest individual, and he did not fear that
+    they could not control their minds so far as to be ready to
+    give a fair hearing to the other side. The intimation that
+    some document was to come from another source, did not go at
+    all to show that the petition ought not to be read. Whether
+    the statement which gentlemen said was to be made, was in aid
+    or explanation of the petition did not appear, but the subject
+    was before the House, and ought to receive the attention due
+    to it.
+
+    Mr. Lucas of Plymouth, said (as far as we could hear him) that
+    the difficulty in the Marshpee tribe had been caused by an
+    itinerant preacher, who went there and urged them to declare
+    their independence. They proceeded to extremities, and the
+    Governor and Council sent a commissioner to examine the
+    affair, and he made a report to the Council, and until that
+    was heard, he hoped nothing would be heard from the Indians.
+    It ought first to come before the House. The petition
+    originated no doubt, from the itinerant preacher, who had been
+    pouring into their ears discontent until they had a riot, and
+    the rioters were prosecuted with the preacher among them,
+    and he was convicted and imprisoned. Whether any of the
+    petitioners were among those rioters or not, he did not know.
+
+    Mr. Allen of Pembroke, said he had not heard the gentleman
+    from Plymouth. It was not his wish to prevent the petitioners
+    being heard at a proper time, but he thought the House ought
+    to hear the other side, before any course was taken.
+
+    Mr. Robinson of Marblehead, hoped that the attempt would not
+    be persisted in, to withhold from these Indians the common
+    indulgence of having their petition read.
+
+    Mr. Loring of Hingham, understood that this was the same
+    petition which went before the Governor and Council, [Mr. L.
+    was misinformed; It is a different petition,] and as it was
+    very long, it would take up time unnecessarily to read it. He
+    hoped it would be laid on the table.
+
+    Mr. Allen of Worcester, thought those who opposed the reading
+    were in fact increasing the Importance of the petition by that
+    course. If the House should refuse to hear it read, a
+    course he did not remember had ever been adopted toward any
+    respectful petition, from any quarter, it would become a
+    subject of much more speculation than if it took the ordinary
+    course.
+
+    Mr. H. Lincoln of Boston, was surprised to hear an objection
+    raised to the reading of this petition. It was due to the
+    character of the House, and to our native brethren the
+    petitioners, whose agents were here on the floor, that they
+    should be heard, and heard patiently. He hoped that out of
+    respect to ourselves, and from justice to the petitioners,
+    their petition would find every favor, which in justice ought
+    to be extended to it.
+
+    Mr. Swift of Nantucket, again urged that the petition ought
+    not to be read, until the report from the Governor and Council
+    was first heard.
+
+    Mr. Chapman.--The petitioners have a constitutional right to
+    be heard. I know not of what value that provision is which
+    gives a right to petition, if the House can refuse to hear the
+    petition. They do not ask for action, but to be heard. It can
+    be read and laid on the table. So long as I hold a seat in
+    this House, my hand shall be raised to give a hearing to the
+    humblest individual who presents a petition for redress of
+    grievances.
+
+    Mr. Loring of Hingham hoped the idea could not be entertained
+    that they wished to throw this subject out of the House. He
+    wanted the whole subject should be brought up, and not that
+    this petition should go in first. It was not his wish to
+    prevent the petitioners being heard.
+
+    The Speaker put the question, shall the petition be read? and
+    it was carried in the affirmative, nearly every hand in the
+    House being raised. In the negative we saw but five hands. The
+    petition was then read by the Speaker.
+
+    Mr. Roberts of Salem moved that it be laid on the table and
+    printed for the use of the House, as there must be a future
+    action of the House upon it. The motion was carried without
+    objection.
+
+    The attempt to prevent the petition of the Marshpee Indians
+    from being read, was repelled in the House with an unanimity
+    which shows the value the Representatives place upon the right
+    of petitioning. The poor Indians are without advice or counsel
+    to aid them, for they have no means to fee lawyers, but they
+    will evidently find firm friends in the House ready to do them
+    justice. This is no party question. It involves the honor of
+    the State. Let all be done for them that can be wisely done
+    in a spirit of paternal kindness. Let it not be shown that our
+    sympathy for Indians extends only to those at the South, but
+    has no feeling for our own.
+
+       *       *       *       *       *
+
+    [_From the same_.] THE MARSHPEE INDIANS.
+
+
+    The laws which regulate this remnant of a once powerful tribe
+    of Indians, are not familiar to many, and it is one great
+    defect in the present system, that these laws are so difficult
+    of access, and so complex that the Indians neither know nor
+    comprehend them; and it cannot be expected that they should
+    live contentedly under oppressive regulations which they do
+    not understand. Should any new laws be passed, they ought to
+    be as simple as possible, and be distributed for the use of
+    the Indians.
+
+    By the Act of 1788, Ch. 38, Vol. 1 of Laws, page 342, new
+    provisions were made, the previous act of 1788, Ch. 2, being
+    found insufficient "to protect them and their property against
+    the arts and designs of those who may be disposed to take
+    advantage of their weakness." The wisdom of the whites, at
+    that time, invented the following provisions for that purpose:
+
+    SECTION 1. A Board of five Overseers was established,
+    (afterwards reduced to three,) two to be inhabitants of
+    Barnstable County, and three from an adjoining County. (Now
+    two are inhabitants of Barnstable and one of Plymouth County.)
+    These Overseers were vested with full power to regulate the
+    police of the plantation; to establish rules for managing
+    the affairs, interests and concerns of the Indians and
+    inhabitants. They may improve and lease the lands of the
+    Indians, and their _tenements_; regulate their streams, ponds
+    and fisheries; mete out lots for their particular improvement;
+    control and regulate absolutely, their bargains, contracts,
+    wages, and other dealings, take care of their poor, and bind
+    out their children to suitable persons.
+
+    The Overseers are directed to hold stated meetings, elect a
+    moderator, secretary and treasurer, and may appoint and
+    remove guardians over any of the Indians, to act under the
+    the Overseers, and to carry their regulations into effect, the
+    guardians to give bonds to the Overseers.
+
+    By section 2, the Overseers or the guardians they appoint have
+    power to demand and receive all property or wages owing to
+    said Proprietors or any of them, by any person, and may sue in
+    their own names for its recovery, or for any trespass, fraud
+    or injury done to their lands or them. They may settle all
+    accounts and controversies between the Indians or any white
+    person, for voyages or any services done by them, and may bind
+    the children of poor proprietors by indenture, to suitable
+    persons.
+
+    SECT. 3. No lease, covenant, bond or bargain, or contract in
+    writing, is of any validity unless approved by the Overseer or
+    guardian; and no Indian proprietor can be sued for any goods
+    sold, services done, &c. or for money, unless the account is
+    first approved by the Overseers.
+
+    [This, it is said, enables the Overseers to sanction the
+    accounts of those who sell to the Indians upon the expectation
+    of obtaining the favor of the Overseers, and opens a door for
+    connivance.]
+
+    SECT. 4. The Overseers are to keep a fair account of all
+    monies, wages, &c. they receive, and all proceeds of the
+    plantation, and shall distribute to the proprietors their
+    respective shares and dues, after deducting reasonable expense
+    of conducting their business, _paying their just debts_, (of
+    which the Overseers are made the judges,) and providing for
+    the sick and indigent, from the common profits, and reserving
+    such sums as can be spared conveniently, for the support of
+    religious instruction, and schooling children. The accounts to
+    be laid before the Governor annually. The Governor and Council
+    appoint the Overseers and displace them at pleasure.
+
+    SECT. 5. The Indian Proprietors are prohibited giving any one
+    liberty to cut wood, timber or hay, to milk pine trees, carry
+    off any ore or grain, or to plant or improve any land
+    or tenement, and no such liberty, unless approved by the
+    Overseers, shall bar an action on the part of the Overseers to
+    recover. The lands shall not be taken in execution for debt,
+    and an Indian committed for debt may take the poor
+    debtor's oath, his being a _proprietor_ to the contrary
+    notwithstanding.
+
+    The last act relating to this tribe, was passed Feb. 18, 1819,
+    Chap. 105, 2d vol. of Laws, page 487. It provides that no
+    person thereafter shall be a proprietor of the Plantation,
+    except a child or lineal descendant of some proprietor, and in
+    no other way shall this _right_, as it is called, be acquired.
+    Other inhabitants are called members of the tribe.
+
+    The Overseers are to keep a record of names, or census, of all
+    who are proprietors, and all who are residents or members of
+    the tribe, a return of which is to be made to the Governor the
+    last of December.
+
+    The Overseers, in addition to all former power, are invested
+    with all the powers and duties of guardians of the Indians,
+    whenever such office of guardian shall be vacant. [A very
+    blind provision, by the way, which it may be as difficult for
+    white men as for Indians to understand.]
+
+    Any person selling ardent spirits to an Indian, without
+    a permit in writing from the Overseer, from some agent of
+    theirs, or from a respectable physician, may be fined not more
+    than fifty dollars, on conviction; and it shall be the duty
+    of the Overseer to give information for prosecuting such
+    offenders.
+
+    The Overseers may bind out to service, for three years at
+    a time, any proprietor or member of the tribe, who in their
+    judgment has become an habitual drunkard and idler, and they
+    may apply his earnings to his own support, his family's, or
+    the proprietors generally, as they think proper.
+
+    All real estate acquired or purchased by the industry of the
+    proprietors and members, (meaning of course without the limits
+    of the plantation,) shall be their sole property and estate,
+    and may be held or conveyed by deed, will, or otherwise.
+
+    If any Indian or other person shall cut or take away any wood,
+    timber, or other property, on any lands _belonging_ to the
+    proprietors or members, which is not set off; or if any person
+    not a proprietor or member, shall do the same on lands that
+    have been set off, or commit any other trespass, they shall
+    be fined not over $200, or imprisoned not over two years.
+    The Indians are declared competent witnesses to prove the
+    trespass. No Indian or other person is to cut wood without
+    a permit in writing, signed by two Overseers, expressing the
+    quantity to be cut, at what time and for what purpose; and the
+    permit must be recorded in their proceedings before any wood
+    or timber shall be cut.
+
+    [Of this provision, the Indians greatly complain, because it
+    gives them no more privilege in cutting their own wood than a
+    stranger has, and because under it, as they say, the Overseers
+    oblige them to pay a dollar or more a cord for all the wood
+    they are permitted to cut, which leaves them little or no
+    profit, and compels the industrious to labour merely for
+    the support of the idle, while the white men, who have their
+    teams, vessels, &c. can buy their permits and cut down the
+    wood of the plantation in great quantities, at much greater
+    profit than the Indian can do, who has nothing but his axe,
+    and must pay these white men a dollar or more for carting his
+    wood, and a dollar or more to the Overseers, thus leaving him
+    not enough to encourage industry.]
+
+    All accounts of the Overseers are to be annually examined by
+    the Court of Common Pleas for Barnstable, and a copy sent by
+    the Overseers to the Governor.
+
+    Any action commenced by the Overseers, does not abate by their
+    death, but may be prosecuted by the survivors.
+
+    All fines, &c. under the act, are to be recovered before
+    Courts in Barnstable County, one half to the informer, and the
+    other to the State. These are all the provisions of the law
+    of 1819, and these are the provisions under which the tribe is
+    governed.
+
+As I suppose my reader can understand these laws, and is capable of
+judging of their propriety, I shall say but little on this subject, I
+will ask him how, if he values his own liberty, he would or could rest
+quiet under such laws. I ask the inhabitants of New England generally,
+how their fathers bore laws, much less oppressive, when imposed upon
+them by a foreign government. It will be at once seen that the third
+section takes from us the rights and privileges of citizens _in toto_,
+and that we are not allowed to govern our own property, wives
+and children. A board of overseers are placed over us to keep our
+accounts, and give debt and credit, as may seem good unto them.
+
+At one time, it was the practice of the Overseers, when the Indians
+hired themselves to their neighbors, to receive their wages, and
+dispose of them at their own discretion. Sometimes an Indian bound
+on a whaling voyage would earn four or five hundred dollars, and
+the shipmaster would account to the overseers for the whole sum. The
+Indian would get some small part of his due, in order to encourage
+him to go again, and gain more for his white masters, to support
+themselves and educate their children with. And this is but a specimen
+of the systematic course taken to degrade the tribe from generation
+to generation. I could tell of one of our masters who has not only
+supported himself and family out of the proceeds of our lands and
+labors, but has educated a son at College, at our expense.
+
+It is true that if any Indian elected to leave the plantation, he
+might settle and accumulate property elsewhere, and be free; but if he
+dared to return home with his property, it was taken out of his hands
+by the Board of Overseers, according to the unjust law. His property
+had no more protection from their rapacity than the rest of the
+plantation. In the name of Heaven, (with due reverence,) I ask,
+what people could improve under laws which gave such temptation and
+facility to plunder? I think such experiments as our government have
+made ought to be seldom tried.
+
+If the government of Massachusetts do not see fit to believe me, I
+would fain propose to them a test of the soundness of my reasoning.
+Let them put our white neighbors in Barnstable County under the
+guardianship of a Board of Overseers, and give them no privileges
+other than have been allowed to the poor, despised Indians. Let them
+inflict upon the said whites a preacher whom they neither love nor
+respect, and do not wish to hear. Let them, in short, be treated
+just as the Marshpee tribe have been, I think there will soon be a
+declension of morals and population. We shall see if they will be able
+to build up a town in such circumstances. Any enterprising men who may
+be among them will soon seek another home and society, which it is not
+in the power of the Indians to do, on account of their color. Could
+they have been received and treated by the world as other people are,
+there would not be so many living in Marshpee as there are by half.
+
+The laws were calculated to drive the tribe from their possessions,
+and annihilate them, as a people; and I presume they would work the
+same effect upon any other people; for human nature is the same under
+skins of all colors. Degradation is degradation, all the world over.
+
+If the white man desired the welfare of his red brethren, why did he
+not give them schools? Why has not the State done something to supply
+us with teachers and places of instruction? I trow, all the schooling
+the Marshpee people have ever had, they have gotten themselves. There
+was not even a house on the plantation for the accommodation of a
+teacher, till I arrived among them. We have now a house respectable
+enough for even a white teacher to lodge in comfortably, and we are in
+strong hopes that we shall one day soon be able to provide for our own
+wants, if the whites will only permit us to do so, as they never have
+done yet. If they can but be convinced that we are human beings, I
+trust they will be our hindrance no longer.
+
+I beg the reader's patience and attention to a few general remarks. It
+is a sorrowful truth that, heretofore, all legislation regarding the
+affairs of Indians, has had a direct tendency to degrade them, to
+drive them from their homes, and the graves of their fathers, and
+to give their lands as a spoil to the general government, or to the
+several States. In New England, especially, it can be proved that
+Indian lands have been taken to support schools for the whites, and
+the preaching of the gospel to them. Had the property so taken been
+applied to the benefit of its true owners, they would not and could
+not have been so ignorant and degraded a race as they now are; only
+forty-four of whom, out of four or five hundred, can write their
+names. From what I have been able to learn from the public prints and
+other sources, the amount annually derived to the American people,
+from Indian lands is not far from six millions, a tax of which they
+have almost the sole benefit. In the mean while, we daily see the
+Indian driven farther and farther by inhuman legislation and wars,
+and all to enrich a people who call themselves Christians, and are
+governed by laws derived from the moral and pious puritans. I say
+that, from the year of our Lord 1656, to the present day, the conduct
+of the whites toward the Indians has been one continued system of
+robbery.
+
+I suppose many of my readers have heard of the late robbery at
+Barnegat, and are ready to say, that the like has never been known in
+this country, and seldom in any other. Now, though two-thirds of the
+inhabitants, not excluding their magistrates, have been proved to
+be thieves, I ask, was their conduct worse, or even so bad as that
+constantly practised by the American people toward the Indians? I say
+no; and what makes the robbery of my wronged race more grievous is,
+that it is sanctioned by legal enactments. Why is it more iniquitous
+to plunder a stranded ship than to rob, and perhaps murder, an Indian
+tribe? It is my private opinion that King Solomon was not far wrong
+when he said, "Bring up a child in the way he should go, and when
+he is old he will not depart from it." He might have said with equal
+propriety, "in the way he should _not_ go." I am sorry that the
+puritans knew no better than to bring up their children to hate and
+oppress Indians. I must own, however, that the children are growing
+something better than their fathers were, and I wish that the children
+of Barnegat had had better parents.
+
+The next matter I shall offer is in two more articles from the Boston
+Advocate. The first is by the Editor.
+
+
+    THE INDIANS.
+
+
+    The arms of the State of Massachusetts, which appear at the
+    head of all official acts, and upon the seals of office, are
+    an Indian with his bow and arrows. Over his head is an arm
+    holding the sword of Justice. Is this sword designed to
+    protect or oppress the Indians? The Legislature now have the
+    opportunity to answer this question, and as they answer, will
+    be the record in history. The principal community of Indians
+    in this State, the Marshpee tribe, have presented their
+    complaints before the Legislature. Though an unwise attempt
+    was made by some few of the Representatives from the
+    neighborhood of the Indians, to prevent the reading of their
+    petition, it was received with marked kindness by the House,
+    and ordered to be printed, a favor which the Indians did not
+    think of asking.
+
+    There is evidently a disposition in the House to prove that
+    our sympathies are not confined merely to the Georgia Indians,
+    for political effect.
+
+    MR. HALLETT,
+
+    I perceive that your paper has spoken a good word now and then
+    for the native Indians of Massachusetts. There is no class of
+    human beings in this State, who have more need of a candid and
+    humane advocate.
+
+    I do not know much about the remnants of a once noble and
+    hospitable race, and yet I know enough to make me grieve for
+    them, and ashamed of the State.
+
+    For about two hundred years, the laws have prohibited Indians
+    from selling their lands to whites, within this Commonwealth.
+    This restriction, designed originally to protect the natives
+    against fraud, has, upon the whole, had an unfavorable effect
+    upon their happiness. If they had been at liberty to dispose
+    of their land and depart with the proceeds, or even without
+    the proceeds, to seek some new location, they would in all
+    probability have been happier. Nor have these prohibitory laws
+    had even the poor effect to protect them from the rapacity
+    of their white neighbors. These have contrived to clip the
+    corners of those simple people, and to get hold of their
+    pleasant and fertile vallies in a very surprising manner,
+    considering the strictness of the law.
+
+    But the great ground of complaint is, that no native Indian,
+    or descendant, is allowed by us _to be a man, or to make
+    himself a man_, whatever may be his disposition and capacity.
+    They are all kept in a state of vassalage, under officers,
+    appointed sometimes by the Governor, and sometimes by
+    the Legislature. The spot of his own ground, which he
+    may cultivate, is annually rented out to the Indian by an
+    overseer; and provisions are doled out to the tribe according
+    to the discretion of _"Guardians," "Trustees,"_ &c. Their
+    accounts are presented to the Governor and Council, who allow,
+    and the Treasurer of the Commonwealth pays them as a matter of
+    course. I dare not say whether those accounts are in all cases
+    correct, or not. If they are, we ought to be thankful to
+    the honesty of the Trustees, &c. not to the wisdom of the
+    Legislature in providing checks upon fraud.
+
+    But the effect upon the _Indians_ is the great question. This
+    is decidedly bad. They are treated more like dogs than men. A
+    state of tutelage, extending from the cradle to the grave; a
+    state of utter dependence, breaks down every manly attribute,
+    and makes of human creatures, designed to walk erect, creeping
+    things.
+
+    But there is another very great evil, if I am rightly
+    informed, which calls loudly for the interposition of the
+    Legislature. The Marshpee and other Indian communities in
+    this State, are not included within the jurisdiction of any
+    incorporated town. The consequence is, that they are without
+    police, except what the Trustees and other officers appointed
+    by them, exercise. These officers never live among them;
+    and the consequence is, that the Indian grounds are so
+    many _Alsatias_, where the vagrant, the dissipated, and the
+    felonious do congregate. Nor is this the fault of the native.
+    It is the fault of their State; which, while it has demolished
+    Indian customs, has set up no regular administration of
+    municipal laws in their stead. Thus I am informed, that at
+    Gayhead, spirituous liquors are retailed without license, and
+    that _it is considered_ that there is no power which can reach
+    the abuse. There are many industrious and worthy people among
+    these natives, who are anxious for improvement, and to promote
+    the education and improvement of their people, but a degrading
+    personal dependence on the one hand, and the absence of nearly
+    all incentives and all power to do good on the other, keeps
+    them down.
+
+    The _paupers_ among these natives, who are at some seasons of
+    the year a majority or nearly all of them, are supported
+    by the State, and there must be a great opportunity and
+    temptation to the agents of the government to wrong these poor
+    people. The agents always have the ear of the government, or
+    rather they _are_ the government. The Indians have nobody to
+    speak for them. They are kept too poor to pay counsel. I think
+    it is not too much to say that almost any degree of injustice,
+    short of murder, might be done them without any likelihood of
+    their obtaining redress.
+
+    Why should not this odious, and brutifying system be put
+    an end to? Why should not the remaining Indians in this
+    Commonwealth be placed upon the same footing as to rights of
+    property, as to civil privileges and duties, as other men?
+    Why should they not _vote_, maintain schools, (they have
+    volunteered to do this in some instances,) and use as they
+    please that which is their own? If the contiguous towns
+    object to having them added to their corporations, let them
+    be incorporated by themselves; let them choose their officers,
+    establish a police; maintain fences and take up stray cattle.
+    I believe the Indians desire such a change. I believe they
+    have gone as far as they are allowed to introduce it. But they
+    are fettered and ground to the earth.
+
+    I am informed that many of the stoutest _whalers_ are produced
+    among our small Indian tribes. I am also informed, that they
+    are defrauded by the whites of a great part of their
+    wages, which would otherwise amount to large sums. If some
+    respectable men could be trained up and fostered among these
+    people, their intelligence and influence would be invaluable
+    to educate, protect and guide their seafaring brethren. Under
+    such auspices, they would, after the years of peril, return
+    and settle down with snug independence, be a blessing to their
+    brethren, and respectable in the sight of all. Now they are
+    so knocked about, so cheated, preyed upon and brutalized,
+    that they think of nothing, and _hope_ nothing, but sensual
+    gratifications; and in consequence, die prematurely, or live
+    worse than to die.
+
+    The Christian philanthropists of Massachusetts little know
+    the extent of evil, which there is in this respect. I entreat
+    them, I entreat the constituted authorities, to look to it.
+
+        WILLIAM PENN.
+
+I use these pieces chiefly because they partly correspond in truth
+and spirit with what I have already said. Let our friends but read the
+laws, and they will see what the sword of the Commonwealth is intended
+for. In the second article there is a grievous mistake. It says that
+the government has assisted us. The Marshpee Indians have always paid
+their full share of taxes, and very great ones they have been. They
+have defrayed the expense of two town meetings a year, and one of two
+of the white men whose presence was necessary, lived twenty-five miles
+off. The meetings lasted three or four days at a time, during which,
+these men lived upon the best, at our cost, and charged us three
+dollars a day, and twenty-five cents a mile, travelling expenses,
+going and coming into the bargain. This amounts to thirty-five dollars
+a trip; and as there were, as has already been said, two visitations a
+year, it appears that we have paid seventy dollars a year to bring one
+visitor, whose absence would have been much more agreeable to us than
+his presence. Extend this calculation to the number of seven persons,
+and the other expenses of our misgovernment, and perhaps some other
+expenditures not mentioned, and see what a sum our tax will amount to.
+
+The next article is from the Boston Advocate of December 27, 1833.
+
+
+    THE MARSHPEE INDIANS.
+
+
+    It was stated in the Barnstable Journal the other day, and has
+    been copied into other papers, that the Marshpee Indians
+    were generally satisfied with their situation, and desired no
+    change, and that the excitement, produced principally by
+    Mr. Apes, had subsided. We had no doubt this statement was
+    incorrect, because we had personally visited most of the
+    tribe, in their houses and wigwams, in August last, and found
+    but one settled feeling of wrong and oppression pervading the
+    whole; not a new impulse depending upon Mr. Apes or any other
+    man, but the result of the unjust laws which have ruled them
+    like a complete despotism.
+
+    The Overseers are not so much to blame as the laws. We doubt
+    not they have acted honestly; but, in the spirit of the laws,
+    they have almost unavoidably exercised a stern control over
+    the property and persons of the tribe. In fact the laws, as
+    they now stand, almost permit the Overseers, with impunity,
+    to sell the Indians for slaves. They can bind them out as they
+    please, do as they please with their contracts, expel them
+    from the plantation almost at will, and in fact use them
+    nearly as slaves. We do not think they have intentionally done
+    wrong to the Indians, but the whole system of government is
+    wrong; and hence the unalterable dislike the Indians have to
+    their Overseers. No better men could be appointed, that
+    we know of; but the best men must play the tyrant, if they
+    execute the present laws, designed as they are to _oppress_,
+    and not to protect the poor Indians.
+
+    We have known these Indians, from our youth up. They live near
+    our native home. The first pleasure we ever derived from the
+    exercise of benevolence, was in satisfying the calls of their
+    women and children for bread, at our father's door, and we
+    always found them kind hearted to those who were kind to
+    them. We have often met with them to worship in their rural
+    meeting-house, and have again and again explored with the
+    angling rod, the romantic stream, abounding with the nimble
+    trout, which courses through their plantation.
+
+    For those reasons, and these alone, we felt it our duty to
+    give them an opportunity to be heard through the columns of
+    our paper, while all others were closed to them, or cold to
+    their complaints. If we can do them any good, we shall have
+    a full reward in the act itself. We have it already in the
+    simple tribute of gratitude, which they have unexpectedly
+    bestowed upon our poor services.
+
+    They have sent us a communication, which is signed by the best
+    men in the tribe. We know most of these names, and they belong
+    to the most sensible and most industrious to be found on the
+    plantation. Will other papers publish this simple appeal to
+    the justice of the white men? It is useless to say after this,
+    that the Indians of Marshpee are content with their condition.
+    Something must be done for them.
+
+    MARSHPEE INDIANS.
+
+
+    "MR. HALLETT,
+
+    It has been stated in some of the papers that the Marshpee
+    Indians are generally satisfied with their situation, and the
+    conduct of the Overseers, and want no change. It is also said
+    that the most industrious men on the plantation are opposed
+    to petitioning the Legislature to give them the management of
+    their own property; and they would all have been quiet, if it
+    had not been for Mr. Apes.
+
+    Now we know something of our own rights without being told by
+    Mr. Apes, or any one. We have confidence in Mr. Apes, and
+    have seen no reason to doubt that he means well; but our
+    dissatisfaction with the laws and the Overseers was the same
+    as it is now, long before Mr. Apes came among us, and he will
+    have our confidence no longer than while we are satisfied he
+    does right. If he does wrong, we shall oppose him as soon as
+    any man, but so long as he honestly aids us in seeking for our
+    rights, we shall be in his favor. He is only one of us, and
+    has no more authority over the tribe than any other member
+    of it. He has been adopted into the tribe, according to the
+    Indian custom; and as long as he deserves our confidence, we
+    shall regard him as a friend.
+
+    But it is unfair to attempt to prejudice the public against
+    us, while we are petitioning for our rights. It is not true
+    that the Indians are satisfied. The Legislature ought not to
+    be deceived by such stories from interested men. There is
+    a universal dissatisfaction with our condition, and unless
+    something is done to relieve us, the whole tribe must suffer,
+    and they will feel as if they must give up all hope of
+    improving their condition. We wish you to publish this with
+    our names, that the public may not be deceived.
+
+
+        Daniel B. Amos,
+        James Hush,
+        Ezra Attaquin,
+        Christopher Hinson,
+        Aaron Keeter,
+        Joseph Pocknet,
+        Nicholas Pocknet,
+        David Wilbur,
+        William X[Note: sideways X] Jones, (his mark,)
+        Isaac X[Note: sideways X] Simons,     "
+        Oaks A. Coombs,
+        Isaac Coombs,
+        James Lowes,
+        George Cannada,
+        Richard Simon,
+        Daniel X[Note: sideways X] Pocknet, (his mark,)
+        Peter X[Note: sideways X] Squib,       "
+        Joseph X[Note: sideways X] Squib,      "
+        Jacob X[Note: sideways X] Pocknet,     "
+        Israel Amos,
+        David Mingo.
+
+    N.B. There could be a host of names procured, but we think
+    here are enough to satisfy the whole earth that we are _not_
+    satisfied to remain in bondage.
+
+    We also feel very grateful for the patriotic and benevolent
+    course that the worthy editor, Mr. Hallett, has pursued, in
+    laying our claims and oppression before the public, especially
+    as he has done it without asking the least compensation.
+    We rejoice to find such friends, for we believe them to be
+    Christians, and impartial philanthropists.
+
+    Gentlemen and ladies of other papers are not forgotten. The
+    Indian's heart swells with gratitude to them for noticing us;
+    and we wish that editors who are friends to our rights, would
+    please notice the above.
+
+    Done at a regular meeting at Marshpee, Dec. 23, 1833.
+
+        DANIEL B. AMOS, _Sec'y. Marshpee, Dec. 23, 1833_."
+
+I quote these articles only because they serve to show that there was
+a disposition prevalent among the editorial fraternity, to prejudice
+the people at large against the rights and liberties of the Indians.
+
+After our petition had been presented, our delegates obtained
+admission into the Hall of the Representatives, where they were
+privileged to tell their own story. Our enemies endeavored to hinder
+them even of this, though without success; and thankful are we that
+they did not succeed. It will be seen from the following, that the
+delegation were not unmindful of their duty.
+
+    The address of the Marshpee Indians at Boylston Hall, last
+    evening, was listened to with great attention, by a crowded
+    house, and with approbation, too, if we may judge from the
+    repeated marks of applause.
+
+    The address at the State House last Friday evening was also
+    attended by an overflowing house. We were unable to get in,
+    and cannot, therefore, say what effect was produced by it.
+
+The next is from the Liberator of Jan. 25, 1834.
+
+    THE MARSHPEE INDIANS.
+
+
+    This is a small tribe, comprising four or five hundred
+    persons, residing at the head of Cape Cod, in Barnstable
+    County. They have long been under the guardianship of the
+    State, treated as paupers, and subjected to the control of a
+    Board of Overseers. A memorial from them was presented to
+    the Legislature last week, (written entirely by one of their
+    number,) in which they set forth the grievances which are
+    imposed upon them, the injustice and impolicy of the laws
+    affecting their tribe, the arbitrary and capricious conduct of
+    the Overseers, and the manner in which they are defrauded
+    of the fruits of their labor; and earnestly beseech the
+    Legislature to grant them the same liberty of action as is
+    enjoyed by their white brethren, that they may manage their
+    own concerns, and be directly amenable to the laws of the
+    State, and not to their present Overseers.
+
+    A delegation from this tribe is now in this city, consisting
+    of Deacon Coombs, Daniel Amos, and William Apes. The use of
+    the Hall of the House of Representatives having been granted
+    to them, they made a public statement of their situation
+    and wants to a crowded audience on Friday evening last,
+    principally composed of members of the House; and were
+    listened to most respectfully and attentively.
+
+    Deacon Coombs first addressed the assembly, in a brief but
+    somewhat indefinite speech; the purport of which was, that,
+    although by taking side with the Overseers, he might have
+    advanced his own interests, he nevertheless chose to suffer
+    with his people, and to plead in their behalf. Their condition
+    was growing more and more intolerable; excessive exactions
+    were imposed upon them; their industry was crippled by
+    taxation; they wished to have the Overseers discharged.
+
+    Daniel Amos next addressed the meeting. He said he was aware
+    of his ignorance; but although his words might be few, and his
+    language broken, he as deeply sympathized with his suffering
+    constituents, as any of his tribe. He gave a short sketch of
+    his life, by which it appeared that he went at an early period
+    on a whaling voyage, and received some bodily injury which
+    incapacitated him from hard labor for a long time. He sought
+    his native home, and soon experienced the severity of those
+    laws, which, though enacted seemingly to protect the tribe,
+    are retarding their improvement, and oppressing their spirits.
+    The present difficulties were not of recent origin. He stated,
+    with commendable pride, that he had never been struck for
+    ill-behaviour, nor imprisoned for crime or debt; nor was he
+    ashamed to show his face again in any place he had visited;
+    and he had been round a large portion of the globe. The
+    memorial before the Legislature had been read to the tribe;
+    some parts had been omitted at their request; and nothing had
+    been sent but by their unanimous consent. After vindicating
+    the character of Mr. Apes, and enumerating some of the
+    complaints of the tribe.
+
+    He was followed by William Apes, who, in a fearless,
+    comprehensive and eloquent speech, endeavored to prove that,
+    under such laws and such Overseers, no people could rise
+    from their degradation. He illustrated the manner in which
+    extortions were made from the poor Indians, and plainly
+    declared that they wanted their rights as men and as freemen.
+    Although comparatively ignorant, yet they knew enough to
+    manage their own concerns more equitably and economically than
+    they were then managed; and notwithstanding the difficulties
+    under which they labored, their moral condition was improving.
+    There was not so much intemperance among them as formerly;
+    many of the tribe were shrewd, intelligent and respectable
+    men; and all that was necessary to raise up the entire mass
+    from their low estate, was the removal of those fetters
+    and restrictions which now bind them to the dust. Mr. Apes
+    described the cause and the extent of the disturbance
+    which took place last summer, and which resulted in his
+    imprisonment. The head and front of their offending was in
+    going into the woods, and unloading a cart, and causing it to
+    be sent away empty. The reason for that procedure was, that
+    they wished no more wood to be cut until an investigation of
+    their rights had been made. They used no violence; uttered no
+    oaths; made no throats; and took no weapons of defence. Every
+    thing was done quietly, but firmly. Mr. Apes wished to know
+    from whence the right to tax them without their consent, and
+    at pleasure, and subject them to the arbitrary control of a
+    Board of Overseers, was derived? He knew not himself; but he
+    feared it was from the color of their skin. He concluded by
+    making a forcible appeal to the justice and humanity of the
+    Legislature, and expressing his confidence that the prayer of
+    the memorialists would not be made in vain.
+
+    In several instances, the speakers made some dextrous and
+    pointed thrusts at the whites, for their treatment of the
+    sons of the forest since the time of the pilgrims, which were
+    received with applause by the audience. They were all careful
+    in their references to the conduct of the Overseers; they
+    wished to say as little about them as possible; but they
+    wanted their removal forthwith.
+
+    This is the first time our attention has been seriously called
+    to the situation of this tribe. It is a case not to be treated
+    with contempt, or disposed of hastily. It involves the rights,
+    the interests, and the happiness of a large number of that
+    race which has been nearly exterminated by the neglect, the
+    oppression, and the cruelty of a superior number of foreign
+    invaders.
+
+    In the enslavement of two millions of American people in the
+    Southern States, the tyranny of this nation assumes a gigantic
+    form. The magnitude of the crime elevates the indignation of
+    the soul. Such august villainy and stupendous iniquity soar
+    above disgust, and mount up to astonishment. A conflagration
+    like that of Moscow, is full of sublimity, though dreadful
+    in its effects; but the burning of a solitary hut makes the
+    incendiary despicable by the meanness of the act.
+
+    In the present case, this State is guilty of a series of
+    petty impositions upon a feeble band, which excite not so much
+    indignation as disgust. They may be, and doubtless are, the
+    blunders of legislation; the philanthropy of proscriptive
+    ignorance; the atoning injuries of prejudice, rather than
+    deliberate oppression. No matter who are the Overseers, (we
+    know them not,) nor how faithfully they have executed
+    the laws. The complaint is principally against the State;
+    incidentally against them. They may succeed, perhaps, in
+    vindicating their own conduct; but the State is to be judged
+    out of the Statute Book, by the laws now in force for the
+    regulation of the tribe. Fearing, in the plenitude of its
+    benevolence, that the Indians would never rise to be men, the
+    Commonwealth has, in the perfection of its wisdom, given them
+    over to absolute pauperism. Believing they were incapable of
+    self-government as free citizens, it has placed them under
+    a guardianship which is sure to keep them in the chains of
+    a servile dependance. Deprecating partial and occasional
+    injustice to them on the part of individuals, it has shrewdly
+    deemed it lawful to plunder them by wholesale, continually.
+    Lamenting that the current of vitality is not strong enough
+    to give them muscular vigor and robust health, it has fastened
+    upon them leeches to fatten on their blood. Assuming that they
+    would be too indolent to labor if they had all the fruits of
+    their industry, it has taken away all motives for superior
+    exertions, by keeping back a portion of their wages. Dreading
+    lest they should run too fast, and too far, in an unfettered
+    state, it has loaded them with chains so effectually as
+    to prevent their running at all. These are some of the
+    excellencies of that paternal guardianship, under which they
+    now groan, and from which they desire the Legislature to grant
+    them deliverance.
+
+    We are proud to see this spontaneous, earnest, upward movement
+    of our red brethren. It is not to be stigmatized as turbulent,
+    but applauded as meritorious. It is sedition, it is true; but
+    only the sedition of freedom against oppression; of justice
+    against fraud; of humanity against cruelty. It is the
+    intellect opposed to darkness; the soul opposed to
+    degradation. It is an earnest of better things to come,
+    provided the struggling spirit be set free. Let this tribe
+    have at least a fair trial. While they remain as paupers, they
+    will feel like paupers; be regarded like paupers; be degraded
+    like paupers. We protest against this unnatural order of
+    things; and now that the case has come under our cognizance,
+    we shall not abandon it hastily.
+
+    We are aware that another, and probably an opposite view of
+    this case is to be laid before the public, on the part of a
+    commissioner delegated by the Governor and Council, to inquire
+    into the difficulties which have arisen between the tribe and
+    the Overseers. We shall wait to get a glimpse of it before we
+    pass judgment upon it. Whatever may be alleged either against
+    the Indians or against those who hold a supervision over them,
+    or whatever may be said in favor of them both; we have felt
+    authorized to make the foregoing remarks, upon an examination
+    of the laws enacted for the government of these discordant
+    parties. An augmentation, diminution, or change of the Board
+    of Overseers, will not remedy the evil. It lies elsewhere;
+    in the absolute prostration of the petitioners by a blind
+    legislation. They are not, and do not aspire to be an
+    independent government, but citizens of Massachusetts.
+
+    Fortunately, there is a soul for freedom in the present
+    Legislature. A more independent House of Representatives has
+    never been elected by the people. The cries of the Indians
+    have reached their ears, and we trust affected their hearts.
+    They will abolish a needless and unjust protectorate. The
+    limb, which is now disjointed and bleeding, will be united to
+    the body politic. What belongs to the red man shall hereafter
+    in truth be his; and, thirsting for knowledge and aspiring to
+    be free, every fetter shall be broken and his soul made glad.
+
+About this time the opposition of our enemies increased to a flood.
+Yet we remained undismayed; for we knew that we had the right on
+our side. So we endured the shots of their sharp shooters against us
+patiently. The following, from the Boston Courier of January 28, 1834,
+will show to what I allude.
+
+    Late in the month of June last, an extraordinary proceeding
+    was had by the Marshpee tribe of Indians, residing on their
+    plantation in Barnstable County, under the protection and
+    guardianship of this Commonwealth. Excited, as it has since
+    appeared, by the turbulent spirit of a stranger and intruder,
+    they assembled in what they termed a town meeting, and adopted
+    resolutions declaring their independence of the government
+    of Massachusetts, abjuring the authority of the laws, and
+    proclaiming that after the first day of July then next, they
+    should assume the management of their own affairs; and, _that
+    "they would not permit any white man from that day, to come
+    upon their Plantation to cut or carry off any wood, hay, or
+    other article, without their permission, under the penalty of
+    being bound and thrown from the Plantation."_
+
+    To allay the excitement which had been created among these
+    misguided people, and to ascertain and remove, as far and as
+    speedily as possible, any just cause of complaint, the most
+    prompt measures were adopted by the Executive. A discreet
+    and confidential agent was despatched to the plantation
+    with instructions to make thorough examination into their
+    grievances, real or supposed, and to become acquainted with
+    their condition, and what their interest and comfort required.
+    He was especially charged to represent to them the parental
+    feelings and regard of the government of the Commonwealth
+    towards them; to assure the head men, that, if the Overseers
+    appointed by the State, had been unjust or unkind, they should
+    forthwith be removed, and others appointed in their stead, and
+    the wrongs sustained at their hand amply redressed, but
+    that the guardianship, originally imposed for their security
+    against the frauds and wicked devices of unprincipled white
+    men, and continued under frequent assurances, _by the Indians
+    themselves_, of its necessity, could not be suspended by the
+    authority of the Governor and Council. That this rested with
+    the Legislature, to which, after careful investigation of
+    their complaints, a proper representation would be made by
+    the Executive. He was also directed to caution them against
+    heeding the counsels of those who would excite them to
+    disquiet in their present situation, and to admonish them,
+    that disorder and resistance to any rightful authority would
+    meet with immediate and exemplary correction, through the
+    civil tribunals.
+
+    On reaching the plantation, the agent found these deluded
+    people in a state of open rebellion against the government of
+    the State, having with force, seized upon the Meeting-house,
+    rescued from the Overseers a portion of property in their
+    possession, chosen officers of their own, and threatened
+    violence to all who should attempt to interfere with them,
+    in the measures of _self-government_ which they had assumed.
+    These threatenings and outrages had already created great
+    alarm among the white inhabitants in the neighborhood, and
+    induced to apprehensions of more serious consequences. Through
+    the firmness and prudence of the agent, sustained by the
+    advice and good offices of several intelligent citizens of the
+    County, the leader in the sedition was arrested for a breach
+    of the peace, and delivered over to the civil authority.
+    An inquiry into the conduct of the Overseers subsequently
+    conducted by the agent in the presence of the head men, and
+    the conciliatory, and friendly explanations offered to the
+    tribe, of their relations to the government of the State,
+    resulted in inducing them to rescind their former violent
+    resolves, and restored quiet to the plantation.
+
+    A minute and interesting report by the gentleman to whom this
+    delicate service was assigned, embracing an historical
+    account of the tribe, and describing their present condition,
+    character and numbers, with the situation, value, and
+    improvement of their property, and the manner in which the
+    guardianship constituted by law has been exercised over them,
+    accompanies this communication. The Indians have received
+    an assurance, that the attention of the Legislature shall be
+    invited to their complaints, and the report will not fail
+    to assist in the deliberations to which the subject may give
+    occasion.
+
+Does it not appear from, this, and from his message, that the
+Ex-Governor is a man of pure republican principles? He seems to
+consider the Marshpees as strangers, and thinks they ought to be
+driven to the wilds of the far West; in humble imitation of that wise,
+learned, and humane politician, Andrew Jackson, L.L.D.
+
+I do consider that neither I nor any of my brethren enjoy any
+political rights; and I desire that I and they may be treated like
+men, and not like children. If any among us are capable of discharging
+the duties of office, I wish them to be made eligible, and I wish for
+the right of suffrage which other men exercise, though not for the
+purpose of pleasing any party by our votes. I never did so, and I
+never will. O, that all men of color thought and felt as I do on this
+subject.
+
+I believe that Governor Lincoln had no regard whatever for our rights
+and liberties; but as he did not get his ends answered, I shall
+leave him to his conscience. The following from Mr. Hallett, of the
+Advocate, fully explains his message:
+
+
+    THE MARSHPEE INDIANS.
+
+
+    The current seems to be setting very strong against extending
+    any relief to our red brethren. Governor Lincoln's ex-message
+    has served to turn back all the kind feelings that were
+    beginning to expand toward the Marshpee tribe, and force and
+    intimidation are to be substituted for kindness and mercy.
+
+    We cannot but think that Massachusetts will be dishonored by
+    pursuing the stern course recommended by Ex-Governor Lincoln,
+    who seems, by one of his letters to Mr. Fiske, to have
+    contemplated almost with pleasure, the prospect of
+    superintending in person, military movements against a handful
+    of Indians, who could not have mustered twenty muskets on the
+    plantation.
+
+    We see now how unjust we have been to the Georgians in their
+    treatment of the Cherokees, and if we persist in oppressing
+    the Marshpee Indians, let us hasten to _unresolve_ all the
+    glowing resolves we made in favor of the Georgia Indians. If
+    Governor Lincoln is right in his unkind denunciation of the
+    poor Marshpee Indians, then was not Governor Troop of Georgia
+    right, in his messages and measures against the Cherokees? If
+    the Court at Barnstable was right in imprisoning the Indians
+    for attempting to get their rights, as they understood them,
+    and made their ignorance of the law no excuse, were not the
+    Courts of Georgia justifiable in their condemnation of the
+    Cherokees, for violations of laws enforced against the will of
+    the helpless Indians?
+
+    Oh, it was glorious to be generous, and magnanimous and
+    philanthropic toward the Cherokees, and to weep over the
+    barbarities of Georgia, because that could be turned to
+    account against General Jackson; but when it comes home to our
+    own bosoms, when a little handful of red men in our own State,
+    come and ask us for permission to manage their own property,
+    under reasonable restrictions, and presume to resolve that all
+    men are free and equal, without regard to complexion; Governor
+    Lincoln denounces it as _sedition_, the Legislature are
+    exhorted to turn a deaf ear, and the Indians are left to their
+    choice between submission to tyrannical laws, or having the
+    militia called out to shoot them. How glorious this will read
+    in history!
+
+The next is from the Barnstable Patriot, of February 5, 1834, of a
+different character.
+
+    MARSHPEE INDIANS.
+
+
+    MR. EDITOR,
+
+    William Apes, Deacon Coombs, and Daniel Amos, are now in
+    Boston, where they are much caressed, by the good citizens,
+    and are styled the "_Marshpee Deputation_;" and we see in the
+    Boston papers notices that the "Marshpee Deputation will be
+    present at the Tremont Theatre, by invitation."[10] That the
+    Marshpee Deputation will address the public upon the subject
+    of their grievances, in the "_Representative Hall_," "in
+    Boylston Hall," &c. And we learn at their "_talk_," in the
+    Representative Hall, they drew a large audience, and that
+    audience was so indiscreet, (not to say indecorous or
+    riotous,) as to cheer and applaud Apes in his ribaldry,
+    misrepresentation and nonsense. Really, it looks to us, as
+    if there was much misunderstanding upon the subject of the
+    Marshpee difficulties. If there is any thing wrong we would
+    have it put right; but how does the case appear. At the time
+    of Apes' coming among them, they were quiet and peaceable, and
+    their condition, mentally, morally and pecuniarily improving.
+    At this time, and when this is the condition and situation of
+    the Indians, comes this intruder, this disturber, this
+    riotous and mischief-making Indian, from the Pequot tribe, in
+    Connecticut. He goes among the inhabitants of Marshpee, and
+    by all the arts of a talented, educated, wily, unprincipled
+    Indian, professing with all, to be an apostle of Christianity;
+    he stirs them up to sedition, riot, _treason_! Instigates them
+    to declare their independence of the laws of Massachusetts,
+    and to _arm themselves_ to defend it.
+
+    We need not follow, minutely, the transactions which rapidly
+    succeeded this state of things. We will merely remark that, in
+    that time of rebellion, prompt, efficient, but mild measures
+    were taken by the Executive, to quell the disturbances, and
+    restore good faith. An agent was sent by the Governor, to
+    inquire into the cause, and if possible, to remove it. That
+    agent found it to be his duty to arrest Apes, (that _pious_
+    interloper,) as a riotous and seditious person, and bind him
+    over for trial, at the Common Pleas Court. He was there tried;
+    and, in our opinion, never was there a fairer trial. He was
+    convicted; and, in our opinion, never was there a more just
+    conviction, or a milder sentence. After the performance of his
+    sentence, Apes is again at work stirring up new movements. And
+    having strung together a list of _imaginary_ grievances,
+    and false allegations, and affixed a great number of names,
+    without the knowledge or consent of many of the individuals,
+    he goes to the Legislature, with two of his ignorant, deluded
+    followers, pretending to be "_the Marshpee Deputation_," and
+    asks redress and relief.
+
+    We would be the last to object to their receiving redress and
+    relief; and we doubt not they will obtain, at the hands of the
+    Legislature, all they ought to have. But who is the "_Marshpee
+    Deputation_," that is showing off to such advantage in the
+    city? It is William Apes, the convicted rioter, who was the
+    whole cause of the disgraceful sedition at Marshpee the last
+    summer; who is a hypocritical _missionary_, from a tribe in
+    Connecticut; whose acquaintance with the Marshpeeans is of
+    _less than a year's_ standing. And he is endeavoring to enlist
+    public sympathy in _his_ favor, _in advance_, by lecturing
+    in the Hall of Representatives, upon that pathetic and
+    soul-stiring theme, Indian degradation and oppression;
+    vilifying and abusing the irreproachable pastor of the
+    plantation, Mr. Fish; stigmatizing and calumniating the
+    Court and Jury who tried and convicted him, and flinging his
+    sarcasms and sneers upon the Attorney and Jury who indicted
+    him. And for _all this_, he is receiving the _applause_ of
+    an audience, who _must be_ ignorant of _his_ character; and
+    blinded by the pretences of this impostor. And as far as
+    that audience is composed of Legislators, their conduct, in
+    permitting Apes to enlist their passions and feelings in his
+    favor, pending a Legislative investigation of the subject, is
+    reprehensible.
+
+    But, there is no fear that the matter will not be set right.
+    That the investigation by the intelligent agent last summer,
+    (Mr. Fiske,) and the investigation now going on by a committee
+    of the Legislature, will show the true character of Apes, and
+    point out the real wants and grievances of the Indians; and
+    that the remedy will be applied, to the satisfaction of the
+    Indians and the discomfiture of that renegade impostor and
+    hypocritical interloper and disturber, Apes, there is little
+    doubt; that _such_ may be the result, is the sincere wish of
+
+        THE TRUE FRIENDS OF THE INDIANS.
+
+The spirit in which this unrighteous piece is written, speaks for
+itself, and is its own antidote. However, it is just what we might
+expect from a liberal paper of the liberal town of Barnstable. So one
+gang of partizans call it. Deliver us from a "patriot," who would set
+his face against all good, and destroy the people themselves. These
+writers, if there be more than one of them, seem to have some idea of
+piety and religion. I therefore advise them to pluck the motes out of
+their own eyes, that they may see clearly enough to make better marks
+with their pens. The editor and his correspondents, (if he did not
+write the article himself,) have rendered themselves liable to a suit
+for defamation; but I think it best to let them go. I will not touch
+pitch. The discomfited, hypocritical impostor, renegade and interloper
+will forgive, and pray for them. He will not render evil for evil,
+though sorely provoked.
+
+Nevertheless, I feel bound to say to these excellent friends of the
+Marshpees, who wished them to remain crushed under the burthen of hard
+laws forever and ever, that they will go down to their graves in the
+disappointment, which, perhaps, will cause them to weep away their
+lives. I should be sorry to hear of that, and exhort them to dry their
+tears, or suffer a poor Indian to wipe them away.
+
+Notwithstanding all that was said and done by the opposition, the
+Marshpee Deputation left the field of battle with a song of triumph
+and rejoicing in their mouths, as will presently be seen. I shall
+give a brief sketch of the proceedings of one of the most enlightened
+committees that ever was drafted from a legislative body. Every thing
+was done to sour their minds against the Indians that could be done,
+but they were of the excellent of the earth, just and impartial.
+
+The Committee was composed of Messrs. Barton and Strong, of the
+Senate, and Messrs. Dwight of Stockbridge, Fuller of Springfield, and
+Lewis of Pepperell, of the House. Benjamin F. Hallett, Esq. appeared
+as Counsel for the Indians.
+
+Lemuel Ewer, Esq. of South Sandwich, was a witness, and the only white
+one who was in favor of the Indians. The Indian witnesses were Deacon
+Coombs, Daniel B. Amos, Ebenezer Attaquin, Joseph B. Amos, and William
+Apes.
+
+On the other side appeared Kilburn Whitman, Esq. of Pembroke, as
+Counsel for the Overseers; Messrs. J.J. Fiske of Wrentham, and Elijah
+Swift of Falmouth, both of the Governor's Council; the Rev. Phineas
+Fish, the Marshpee missionary, sent by Harvard College; Judge Marston,
+Nathaniel Hinckley and Charles Marston, all of Barnstable; Gideon
+Hawley of South Sandwich, Judge Whitman of Boston, and two Indians,
+Nathan Pocknet and William Amos, by name. It was a notable piece of
+policy on the part of the Overseers, to make a few friends among the
+Indians, in order to use them for their own purposes. Thus do pigeon
+trappers use to set up a decoy. When the bird flutters, the flock
+settle round him, the net is sprung, and they are in fast hands. Judge
+Whitman, however, could not make his two decoy birds flutter to his
+satisfaction, and so he got no chance to spring his net. He had just
+told the Indians that they might as well think to move the rock of
+Gibraltar from its base, as to heave the heavy load of guardianship
+from their shoulders; and, when he first came before the committee, he
+said he did not care a snap of his finger about the matter, one way or
+the other. But he altered his mind before he got through the business,
+and began to say that he should be ruined if the bill passed for the
+relief of the Indians, and was, moreover, sure that Apes would reign,
+king of Marshpee. The old gentleman, indeed, made several perilous
+thrusts at me in his plea; but, when he came to cross-examination,
+he was so pleased with the correctness of my testimony, that he had
+nothing more to say to me. I shall now leave him, to attend to his
+friend Judge Marston.
+
+This gentleman swore in court that he thought Indians an inferior race
+of men; and, of course, were incapable of managing their own affairs.
+
+The testimony of the two decoy pigeons was, that they had liberty
+enough; more than they knew what to do with. They showed plainly
+enough that they knew nothing of the law they lived under. The
+testimony of the Rev. Mr. Fish was more directly against us. Some may
+think I do wrong to mention this gentleman's name so often. But why,
+when a man comes forward on a public occasion, should his name be kept
+out of sight, though he be a clergyman. I should think he would like
+to make his flock respected and respectable in his speech, which he
+well knew they never could be under the then existing laws. Is it
+more than a fair inference that it was self-interest that made him
+do otherwise, that he might be able to continue in possession of his
+strong hold? If he had said to the Indians, like an honest man, "I
+know I have no right to what is yours, and will willingly relinquish
+what I hold of it," I do not doubt that the Indians would have given
+him a house, and a life estate in a farm; and perhaps have conveyed it
+to him in fee simple, if he had behaved well. Such a course would have
+won him the love and esteem of the Indians, and his blind obstinacy
+was certainly the surest means he could have taken to gain their ill
+will. He may think slightly of their good opinion, and I think, from
+his whole course of conduct, that we are as dogs in his sight. I
+presume he could not die in peace if he thought he was to be buried
+beside our graves.
+
+It is the general fault of those who go on missions, that they cannot
+sacrifice the pride of their hearts, in order to do good. It seems to
+have been usually the object to seat the Indians between two stools,
+in order that they might fall to the ground, by breaking up their
+government and forms of society, without giving them any others in
+their place. It does not appear to be the aim of the missionaries to
+improve the Indians by making citizens of them. Hence, in most cases,
+anarchy and confusion are the results. Nothing has more effectually
+contributed to the decay of several tribes than the course pursued by
+their missionaries. Let us look back to the first of them for proofs.
+From the days of Elliott, to the year 1834, have they made one
+citizen? The latter date marks the first instance of such an
+experiment. Is it not strange that free men should thus have been
+held in bondage more than two hundred years, and that setting them at
+liberty at this late day, should be called _an experiment_ now?
+
+I would not be understood to say, however, that the Rev. Mr. Fish's
+mission is any criterion to judge others by. No doubt, many of them
+have done much good; but I greatly doubt that any missionary has ever
+thought of making the Indian or African his equal. As soon as we begin
+to talk about equal rights, the cry of amalgamation is set up, as
+if men of color could not enjoy their natural rights without any
+necessity for intermarriage between the sons and daughters of the two
+races. Strange, strange indeed! Does it follow that the Indian or
+the African must go to the judge on his bench, or to the Governor,
+Senator, or indeed any other man, to ask for a help-meet, because his
+name may be found on the voter's list, or in the jury boxes? I promise
+all concerned, that we Marshpees have less inclination to seek their
+daughters than they have to seek ours. Should the worst come to the
+worst, does the proud white think that a dark skin is less honorable
+in the sight of God than his own beautiful hide? All are alike, the
+sheep of his pasture and the workmanship of his hands. To say they are
+not alike to him, is an insult to his justice. Who shall dare to call
+that in question?
+
+Were I permitted to express an opinion, it would be that it is more
+honorable in the two races, to intermarry than to act as too many of
+them do. My advice to the white man is, to let the colored race alone.
+It will considerably diminish the annual amount of sin committed.
+Or else let them even _marry_ our daughters, and no more ado about
+amalgamation. We desire none of their connection in that way. All we
+ask of them is peace and our rights. We can find wives enough without
+asking any favors of them. We have some wild flowers among us as fair,
+as blooming, and quite as pure as any they can show. But enough has
+been said on this subject, which I should not have mentioned at all,
+but that it has been rung in my ears by almost every white lecturer I
+ever had the misfortune to meet.
+
+I will now entreat the reader's attention to the very able plea of Mr.
+Hallett, upon our petition and remonstrances. The following are his
+remarks after the law which gave us our liberty was passed by his
+exertions in our cause:
+
+    I will now briefly consider the "documents, relating to the
+    Marshpee Indians," which have been presented and printed, this
+    session, by the two Houses.
+
+    The first is a Memorial, signed by seventy-nine males and
+    ninety-two females, of the Plantation. Of the seventy-nine
+    males, sixty-two are Proprietors, and forty-four write their
+    own names. They are all united in wishing to have a change of
+    the laws, and a removal of the Overseership, but desire that
+    their land may not be sold without the mutual consent of the
+    Indians and the General Court.
+
+    This memorial represents, 1. That no particular pains has been
+    taken to instruct them. 2. That they are insignificant because
+    they have had no opportunities. 3. That no enlightened or
+    respectable Indian, wants Overseers. 4. That their rulers and
+    the minister have been put over them, without their consent.
+    5. That the minister, (Mr. Fish,) has not a male member in his
+    church of the Proprietors, and they believe twenty years
+    would have been long enough for him to have secured their
+    confidence. 6. That the laws which govern them and take away
+    their property, are unconstitutional. 7. That the whites have
+    had three times more benefit of the Meeting-house and the
+    minister, than they have had. 8. That the business meetings
+    for the tribe, have been held off the plantation, at an
+    expense to them. 9. That their Fishery has been neglected and
+    the whites derived the most benefit from it. [The Overseers
+    admit that the Herring Fishery has not been regulated for
+    fifty years, although in 1763, it appears it was deemed a
+    highly important interest, and in 1818, the Commissioners
+    reported that it ought to be regulated for the benefit of the
+    Indians to the exclusion of the whites.] 10. That the laws
+    discourage their people, who leave the plantation on that
+    account. 11. That men out of the tribe are paid for doing what
+    those in it are capable of doing for the plantation. 12. That
+    the whites derive more benefit than themselves, from their
+    hay, wood and timber. 13. That the influence of the whites has
+    been against them, in their petitions for the past years.
+    14. That they believe they have been wronged out of their
+    property. 15. That they want the Overseers discharged, that
+    they may have a chance to take care of themselves. 16. That
+    very many of their people are sober and industrious, and
+    able and willing to do, if they had the privilege. All these
+    statements will be found abundantly proved.
+
+    This memorial comes directly from the Indians. It was drawn up
+    among them without the aid of a single white man. They applied
+    to me to prepare it for them. They happened to select me, as
+    their counsel, simply because I was born and brought up within
+    a few miles from their plantation, and had known their people
+    from my infancy. I told them to present their grievances
+    in their own way, and they have done so. Not a line of the
+    memorial was written for them.
+
+    On the other side, opposite to their memorial for
+    self-government, is the remonstrance of _Nathan Pocknet_
+    and forty-nine others, the same Nathan Pocknet, who in
+    1818 petitioned for the removal of the Overseership. This
+    remonstrance was not prepared by the Indians. It came wholly
+    from the Rev. Mr. Fish, and the Overseers. It speaks of the
+    "unprecedented impudence" of the Indians, and mentions a
+    "_Traverse Jury_." No one who signed it, had any voice in
+    preparing it. It shows ignorance of the memorial of the tribe,
+    by supposing they ask for liberty to sell their lands; and
+    ignorance of the law, by saying that the Overseers have not
+    power to remove nuisances from the plantation.
+
+    This remonstrance is signed by fifty persons, sixteen males
+    and thirty-four females; seventeen can write. Of the signers,
+    _ten_ belong to Nathan Pocknet's family. Ten of the males
+    are Proprietors, of whom two are minors, and one a person non
+    compos. Of the non-proprietors, one is a convict, recently
+    released from State prison, who has no right on the
+    Plantation. Two of the Proprietors, who signed this
+    remonstrance, (John Speen and Isaac Wickham,) have since
+    certified that they understood it to be the petition for Mr.
+    Fish, to retain his salary, but that they are entirely opposed
+    to having Overseers and to the present laws.
+
+    Thus it is shown that out of the whole Plantation of 229
+    Proprietors, but _five_ men could be induced, by all the
+    influence of the Minister and the Overseer, to sign in favor
+    of having the present laws continued, and but _eleven_ men out
+    of the whole population of 312. The signers to the memorial
+    for a change of the laws are a majority of all the men, women
+    and children belonging to the Plantation, at home and abroad.
+
+    Another document against the Indians who ask for their
+    liberty, is the memorial of the Rev. Phineas Fish, the
+    missionary. Of the unassuming piety, the excellent character,
+    and the sound learning of that reverend gentleman, I cannot
+    speak in too warm terms. I respect him as a man, and honor him
+    as a devoted minister of the gospel. But he is not adapted
+    to the cultivation of the field in which his labors have been
+    cast. Until I read this memorial, I should not have believed
+    that a severe expression could have escaped him. I regret the
+    spirit of that memorial, and in its comparison with that of
+    the Indians, I must say it loses in style, in dignity and in
+    Christian temper.
+
+    In this memorial, Mr. Fish urges upon the Legislature the
+    continuance of the laws of guardianship as they now are, and
+    especially the continuance of the benefits he derives from the
+    property of the plantation. What are the reasons he gives for
+    this. Do they not look exclusively to his own benefit, without
+    regard to the wishes of the Indians?
+
+    He states, as the result of his ministry, twenty members of
+    the tribe added to his church in _twenty-two_ years. This
+    single fact proves that his ministry has failed of producing
+    any effect at all proportioned to the cost it has been to the
+    Indians. Not from want of zeal or ability, perhaps, but from
+    want of adaptation. If not, why have other preachers been so
+    much more successful than the missionary. There never has been
+    a time that this church was not controlled by the whites.
+    Mr. Fish now has but five colored members of his church, and
+    sixteen whites. Of the five colored persons, but one is a
+    male, and he has recently signed a paper saying he has been
+    deceived by Mr. Fish's petition, which he signed, and that he
+    does not now wish his stay any longer among them.
+
+    On the other hand, "blind Jo," as he is called, a native
+    Indian, blind from his birth, now 28 years of age, has
+    educated himself by his ear and his memory, has been regularly
+    ordained as a Baptist minister, in full fellowship with that
+    denomination, and has had a little church organized since
+    1830. The Baptist denomination has existed on the plantation,
+    for forty years, but has received no encouragement. Blind
+    Jo has never been taken by the hand by the missionary or the
+    Overseers. The Indians were even refused the use of _their_
+    Meeting-house, for the ordination of their blind minister, and
+    he was ordained in a private dwelling. Though not possessing
+    the eloquence of the blind preacher, so touchingly described
+    in the glowing and chaste letters of Wirt's British Spy,
+    yet there is much to admire in the simple piety and sound
+    doctrines of "Blind Jo;" and he will find a way to the hearts
+    of his hearers, which the learned divine cannot explore.
+
+    There is another denomination on the plantation, organized
+    as "The Free and United Church," of which William Apes is the
+    pastor. This denomination Mr. Fish charges with an attempt
+    to _usurp_ the parsonage, wood-land and the Meeting-house; he
+    denounces, as a "_flagrant act_," the attempt of the Indians
+    to obtain the use of _their own Meeting-house_, and appeals
+    to the sympathies of the whole civilized community to maintain
+    _by law_ the Congregational worship, which, he says, "is the
+    most ancient form of religious worship there!" "Why should
+    Congregational worship be excluded to make room for others?"
+    asks the Rev. Mr. Fish. "Where will be the end of vicissitude
+    on the adoption of such a principle, and how is it possible,
+    amid the action of rival _factions_, for pure religion to be
+    promoted." [Pages 7, 8, 9, of Mr. Fish's memorial. Senate, No.
+    17.] Is this language for a Christian minister to address
+    to the Legislature of Massachusetts? To petition for an
+    established Church in Marshpee? Can he ever have read the
+    third Article of the Bill of Rights, as amended?
+
+    What has been the result of those "rival factions," in
+    Marshpee? Blind Jo and William Apes, have _forty-seven_ Indian
+    members of their churches, (fourteen males,) in good standing,
+    collected together in three years. The missionary has baptized
+    but twenty in twenty-two years. The Indian preachers have also
+    established a total abstinence Temperance Society, without any
+    aid from the missionary, and there are already sixty members
+    of it, who, from all the evidence in the case, there is no
+    reason to doubt, live up to their profession.
+
+    I do not say this to detract from the good the missionary has
+    done; I doubt not he has done much good, and earnestly desired
+    to do more; but when he denounces to the Legislature other
+    religious denominations, as _usurpers_ and "_rival factions_,"
+    it is but reasonable that a comparison should be drawn between
+    the fruit of his labors and that of those he so severely
+    condemns.
+
+    I confess, I am struck with surprise, at the following
+    remarks, in the memorial of the Rev. Mr. Fish. Speaking of the
+    complaint of the Indians respecting their Meeting-house, that
+    it is not fit for respectable people to meet in, being
+    worn out; he says, "As it was built by a _white_ Missionary
+    Society, and repaired at the expense of the _white_
+    Legislature of the State, perhaps the _whites_ may think
+    themselves entitled to some wear of it, and being no way fit
+    for '_respectable_ people,' the church and congregation
+    hope they may the more readily be left unmolested in their
+    accustomed use of it." [Page 4.] Again he says of the
+    complaints of the Indians, that they were forbidden to have
+    preaching in their School-houses. "The School-houses, built
+    by the munificence of the State, began to be occupied for
+    _Meeting-houses_, soon after their erection, and have been
+    more or less occupied _in this fashion_! ever since; and your
+    memorialist desires to affirm that _in this perversion_ of
+    your _liberal purpose_, he had no share whatever!"
+
+    Is this possible? Can it be a _perversion_ of buildings
+    erected for the mental and moral improvement of the Indians,
+    that religious meetings should be held there, by ministers
+    whom the Indians prefer to the Missionary?
+
+    The inequality in the appropriations for religious
+    instruction, is remarked upon by the Commissioner, Hon.
+    Mr. Fiske, who says in his report that if the present
+    appropriations are to be restricted to a Congregationalist
+    minister, some further provision, in accordance with religious
+    freedom, ought to be made for the Baptist part of the colored
+    people. [Page 29. No. 14.]
+
+    I regret too, the unkind allusion in the Rev. Mr. Fish's
+    memorial to Deacon Coombs, the oldest of the Marshpee
+    delegation, formerly his deacon, and the last proprietor to
+    leave him. He says the deacon "once walked worthy of his holy
+    calling." Does he mean to insinuate he does not walk worthily
+    now? I wish you, gentlemen, to examine Deacon Coombs, who is
+    present, to inquire into his manner of life, and see if you
+    can find a Christian with a white skin, whose heart is purer,
+    and whose walk is more upright, than this same Deacon Coombs.
+    In point of character and intelligence, he would compare
+    advantageously with a majority of the Selectmen in the
+    Commonwealth.
+
+    With the religious concerns of Marshpee, I have no wish to
+    interfere. I only seek to repel intimations that may operate
+    against their prayer for the liberties secured by the
+    Constitution. Neither do I stand here to defend Mr. Apes, who
+    is charged with being the leader of the "sedition." I only
+    ask you to look at the historical evidence of the existence of
+    discontent with the laws, ever since 1693, and ask if Mr.
+    Apes has been the author of this discontent. Let me remind
+    you also, of the fable of the Huntsman and the Lion, when
+    the former boasted of the superiority of man, and to prove it
+    pointed to a statue of one of the old heroes, standing upon a
+    prostrate lion. The reply of the noble beast was, "there
+    are no _carvers_ among the lions; if there were, for one man
+    standing upon a lion, you would have twenty men torn to pieces
+    by lions." Gentlemen, by depressing the Indians, our laws have
+    taken care that they should have no _carvers_. The whites have
+    done all the _carving_ for them, and have always placed them
+    _undermost_. Can we blame them, then, that when they found
+    an educated Indian, with Indian sympathies and feelings, they
+    employed him, to present their complaints, and to enable them
+    to seek redress? Look at this circumstance, fairly, and I
+    think you will find in it the origin of all the prejudice
+    against William Apes, which may be traced to those of the
+    whites who are opposed to any change in the present government
+    of Marshpee. If aught can be shown against him, I hope it
+    will be produced here in proof, that the Indians may not be
+    deceived. If no other proof is produced, except his zeal in
+    securing freedom for the Indians, are you not to conclude that
+    it cannot be done. But his individual character has nothing to
+    do with the merits of the question, though I here pronounce it
+    unimpeached.
+
+    I will allude to but one other suggestion in the memorial
+    of the Rev. Mr. Fish, [page 10.] To show the necessity of
+    continuing the present laws, he says, "already do we witness
+    the force of example in the visible increase of crime. But a
+    few weeks since, a peaceable family was fired in upon, during
+    their midnight repose; while I have been writing, another has
+    been committed to prison for a high misdemeanor."
+
+    Now what are the facts, upon which this grave allegation
+    against the whole tribe is founded. True, a ball was fired
+    into a house on the plantation, but without any possible
+    connection with the assertion of their rights by the Indians,
+    and to this day it is not known whether it was a white man or
+    an Indian who did it. The "high misdemeanor," was a quarrel
+    between Jerry Squib, an Indian, and John Jones, a white
+    man. Squib accused Jones of cheating him in a bargain, when
+    intoxicated, and beat him for it. The law took up the Indian
+    for the assault, and let the white man go for the fraud.
+
+    Respecting then, as we all do, the personal character of the
+    missionary, can you answer his prayer, to continue the present
+    government, in order to protect him in the reception of
+    his present income from the lands of the Indians? Are the
+    interests of a whole people to be sacrificed to one man?
+
+    What says the Bill of rights? "Government is instituted for
+    the common good, for the protection, safety, prosperity, and
+    happiness of the _people_, and not for the _profit_, honor or
+    _private interest_ of any _one_ man, family, or class of men."
+
+    I have now only to consider the report of the Commissioner,
+    Mr. Fiske, who visited Marshpee in July last. The
+    impartiality, candor and good sense of that report, are highly
+    honorable to that gentleman. Deriving his first impressions
+    from the Overseers and the whites, and instructed as he was
+    with strong prepossessions against the Indians, as rebels
+    to the State, the manner in which he discharged that duty,
+    deserves a high encomium. He has my thanks for it, as a friend
+    of the Indians. As far as the knowledge of the facts
+    enabled the Commissioner to go, in the time allowed him, the
+    conclusions of that report, substantiate all the positions
+    taken in defence of the rights of the Indians. The
+    Commissioner was instructed by the then Governor Lincoln, to
+    inform the Indians that the government had no other object
+    than their best good; "let them be convinced that their
+    grievances will be inquired into, and a _generous_ and
+    _paternal_ regard be had to their condition." They were so
+    convinced, and they come here now, for a redemption of this
+    pledge.
+
+    But his Excellency seems to have been strangely impressed
+    with the idea of suppressing some rebellion, or another Shay's
+    insurrection. Mr. Hawley, one of the Overseers, had visited
+    the Governor, at Worcester, and because a few Indians had
+    quietly unloaded a wood-cart, the calling out of the militia
+    seems to have been seriously contemplated by the following
+    order, issued to the Commissioner, by the Governor, dated July
+    5. "Should there be reason to fear the insufficiency of the
+    _posse comitatus_, I WILL BE PRESENT PERSONALLY, TO DIRECT ANY
+    MILITARY REQUISITIONS."
+
+    Think of that, gentlemen of the Committee! Figure to
+    yourselves his Excellency, at the head of the Boston and
+    Worcester Brigades, ten thousand strong, marching to Marshpee,
+    to suppress an insurrection, when scarce twenty old muskets
+    could have been mustered on the whole plantation?
+
+    With the utmost respect for his Excellency, I could not
+    refrain on reading this "order of the day," from exclaiming,
+    as Lord Thurlow did, when a breathless messenger informed him
+    that a rebellion had broken out in the Isle of Man--"pshaw--a
+    tempest in a tea pot."
+
+    Let us not, however, because the Indians are weak and
+    in-offensive, be less regardful of their rights.
+
+    You will gather from the Report of Mr. Fiske, conclusive
+    evidence of the long continued and deep rooted dissatisfaction
+    of the Indians with the laws of guardianship, that they never
+    abandoned the ground that all men were born free and
+    equal, and they ought to have the right to rule and govern
+    themselves; that by a proper exercise of self-government, and
+    the management of their own pecuniary affairs, they had it
+    in their power to elevate themselves much above their present
+    state of degradation, and that by a presentation of new
+    motives for moral and mental improvement, they might be
+    enabled, in a little time, to assume a much higher rank on
+    the scale of human existence. And that the Legislature would
+    consider their case, was the humble and earnest request of the
+    natives.
+
+    Is not the conclusion then, from all the facts in the case,
+    that the system of laws persisted in since 1763, have failed
+    as acts of paternal care? That the true policy now is to try
+    acts of kindness and encouragement, and that the question of
+    rightful control over the property or persons of the Indians
+    beyond the general operation of the laws, being clearly
+    against the whites; but one consideration remains on which the
+    Legislature can hesitate: the danger, that they will squander
+    their property. Of the improbability of such a result, Mr.
+    Fiske informs you in his report, [page 26.] He found nearly
+    all the families comfortably and decently clad, nearly
+    all occupying framed houses, and a few dwelling in huts or
+    wigwams. More than thirty of them were in possession of a cow
+    or swine, and many of them tilled a few acres of land, around
+    their dwellings. Several pairs of oxen, and some horses are
+    owned on the plantation, and the Commons are covered with an
+    excellent growth of wood, of ready access to market. Confine
+    the cutting of this wood to the natives, as they desire, and
+    they never can waste this valuable inheritance.
+
+    Mr. Fiske also says in his report, [page 30,] "that it is
+    hardly possible to find a place more favorable for gaining a
+    subsistence without labor, than Marshpee." The advantages of
+    its location, the resources from the woods and streams, on one
+    side, and the bays and the sea on the other, are accurately
+    described, as being abundant, with the exception of the
+    _lobsters_, which Mr. Fiske says are found there. The
+    Commissioner is incorrect in that particular, unless he adopts
+    the learned theory of Sir Joseph Banks, that _fleas_ are a
+    species of lobster!
+
+    Is there, then, any danger in giving the Indians an
+    opportunity to try a liberal experiment for self-government?
+    They ask you for a grant of the liberties of the constitution;
+    to be incorporated and to have a government useful to them as
+    a people.
+
+    They ask for the appointment of magistrates among them, and
+    they ask too for an _Attorney_ to advise with; but my
+    advice to them is, to have as little as possible to do with
+    Attornies. A revision of their laws affecting property by the
+    Governor and Council, would be a much better security for them
+    than an Attorney, and this they all agree to. Is there any
+    thing unreasonable in their requests? Can you censure other
+    States for severity to the Indians within their limits, if you
+    do not exercise an enlightened liberality toward the Indians
+    of Massachusetts? Give them then substantially, the advantages
+    which they ask in the basis of an act which I now submit to
+    the Committee with their approval of its provisions. Can you,
+    gentlemen, can the Legislature, resist the simple appeal of
+    their memorial? "Give us a chance for our lives, in acting for
+    ourselves. O! white man! white man! the blood of our fathers,
+    spilt in the revolutionary war, cries from the ground of our
+    native soil, to break the chains of oppression and let our
+    children go free."
+
+The correctness of Mr. Hallett's opinions are demonstrated in the
+following article.
+
+Other editors speak ill enough of Gen. Jackson's treatment of the
+Southern Indians. Why do they not also speak ill of all the head men
+and great chiefs who have evil entreated the people of Marshpee. I
+think Governor Lincoln manifested as bitter and tyrannical a spirit as
+Old Hickory ever could, for the life of him. Often and often have our
+tribe been promised the liberty their fathers fought, and bled, and
+died for; and even now we have but a small share of it. It is some
+comfort, however, that the people of Massachusetts are becoming
+gradually more Christianized.
+
+    [From the Daily Advocate.] THE MARSHPEE INDIANS.
+
+
+    The Daily Advertiser remarks that the Indian tribes have been
+    sacrificed by the policy of Gen. Jackson. This is very true,
+    and we join with the Advertiser in reprehending the course
+    pursued by the President toward the Cherokees. If Georgia,
+    under her _union_ nullifier, Governor Lumpkin, is permitted to
+    set the process of the Supreme Court at defiance, it will be a
+    foul dishonor upon the country.
+
+    But while we condemn the conduct of General Jackson toward the
+    Southern Indians, what shall we say of the treatment of our
+    own poor defenceless Indians, the Marshpee tribe, in our own
+    State? The Legislature of last year, with a becoming sense of
+    justice, restored to the Marshpee Indians a _portion_ of their
+    rights, which had been wrested from them, most wrongfully, for
+    a period of _seventy-four_ years. The State of Massachusetts,
+    in the exercise of a most unjust and arbitrary power, had,
+    until that time, deprived the Indians of all civil rights, and
+    placed their property at the mercy of designing men, who had
+    used it for their own benefit, and despoiled the native owners
+    of the soil to which they hold a better title than the whites
+    hold to any land in the Commonwealth. These Indians fought
+    and bled side by side, with our fathers, in the struggle for
+    liberty; but the whites were no sooner free themselves, than
+    they enslaved the poor Indians.
+
+    One single fact will show the devotion of the Marshpee Indians
+    to the cause of liberty, in return for which they and their
+    descendants were placed under a despotic guardianship, and
+    their property wrested from them to enrich the whites. In
+    the Secretary's Office, of this State, will be found a muster
+    roll, containing a "Return of men enlisted in the first
+    Regiment of Continental troops, in the County of Barnstable,
+    for three years and during the war, in Col. Bradford's
+    Regiment," commencing in 1777. Among these volunteers for that
+    terrible service, are the following names of Marshpee Indians,
+    proprietors of Marshpee, viz.
+
+    Francis Webquish, Samuel Moses, Demps Squibs, Mark Negro,
+    Tom Caesar, Joseph Ashur, James Keeter, Joseph Keeter, Jacob
+    Keeter, Daniel Pocknit, Job Rimmon, George Shawn, Castel
+    Barnet, Joshua Pognit, James Rimmon, David Hatch, James
+    Nocake, Abel Hoswitt, Elisha Keeter, John Pearce, John Mapix,
+    Amos Babcock, Hosea Pognit, Daniel Pocknit, Church Ashur,
+    Gideon Tumpum.
+
+    In all twenty-six men. The whole regiment, drawn from the
+    whole County of Barnstable, mustered but 149 men, nearly
+    _one-fifth_ of whom were volunteers from the little Indian
+    Plantation of Marshpee, which then did not contain over one
+    hundred male heads of families! No white town in the
+    County furnished any thing like this proportion of the 149
+    volunteers. The Indian soldiers fought through the war; and as
+    far as we have been able to ascertain the fact, from documents
+    or tradition, all but one, fell martyrs to liberty, in the
+    struggle for Independence. There is but one Indian now living,
+    who receives the reward of his services as a revolutionary
+    soldier, old Isaac Wickham, and he was not in Bradford's
+    regiment. Parson Holly, in a memorial to the Legislature in
+    1783, states that most of the women in Marshpee, had lost
+    their husbands in the war. At that time there were _seventy_
+    widows on the Plantation.
+
+    But from that day, until the year 1834, the Marshpee Indians
+    were enslaved by the laws of Massachusetts, and deprived of
+    every civil right which belongs to man. White Overseers had
+    power to tear their children from them and bind them out where
+    they pleased. They could also sell the services of any adult
+    Indian on the Plantation they chose to call idle, for three
+    years at a time, and send him where they pleased, renewing the
+    lease every three years, and thus, make him a slave for life.
+
+    It was with the greatest effort this monstrous injustice was
+    in some degree remedied last winter, by getting the facts
+    before the Legislature, in spite of a most determined
+    opposition from those who had fattened for years on the spoils
+    of poor Marshpee. In all but one thing, a reasonable law was
+    made for the Indians. That one thing was giving the Governor
+    power to appoint a Commissioner over the Indians for three
+    years. This was protested against by the friends of the
+    Indians, but in vain; and they were assured that this
+    appointment would be safe in the hands of the Governor. They
+    hoped so, and assented; but no sooner was the law passed, than
+    the enemies of the Indians induced the Governor to appoint
+    as the Commissioner, the person whom of all others they least
+    wished to have, a former Overseer, against whom there were
+    strong prejudices. The Indians remonstrated, and besought, but
+    in vain. The Commissioner was appointed, and to all appeals to
+    make a different appointment, a deaf ear has been turned. It
+    seems as if a deliberate design had been formed somewhere, to
+    defeat all the Legislature has done for the benefit of this
+    oppressed people.
+
+    The consequences have been precisely what the Indians and
+    their friends feared. Party divisions have grown up among
+    them, arising out of the want of confidence in their
+    Commissioner. He is found always on the side of their greatest
+    trouble; the minister who unjustly holds almost 500 acres of
+    the best land in the plantation, wrongfully given to him by an
+    unlawful and arbitrary act of the State, which, in violation
+    of the Constitution, appropriates the property of the Indians
+    to pay a man they dislike, for preaching a doctrine they will
+    not listen to, to a _white_ congregation, while the native
+    preachers, whom the Indians prefer, are left without a cent,
+    and deprived of the Meeting-house, built by English liberality
+    for the use of the Indians. The dissatisfaction has gone on
+    increasing. The accounts with the former Overseers remain
+    unadjusted to the satisfaction of the Selectmen. The Indians
+    have no adviser near them in whom they can confide; those who
+    hold the power, appear regardless of their wishes or their
+    welfare; no pains is taken by the authorities to punish the
+    wretches who continue to sell rum to those who will buy it;
+    and though the Indians are still struggling to advance in
+    improvement, every obstacle is thrown in their way that men
+    can devise, whose intent it is to get them back to a state of
+    vassalage, that they may get hold of their property. All this,
+    we are satisfied, from personal inspection, is owing to the
+    injudicious appointment made by Gov. Davis, of a commissioner,
+    and yet the Governor unfortunately seems indisposed to listen
+    to any application for a remedy to the existing evils.
+
+    The presses around us, who are so eloquent in denouncing the
+    President for his conduct towards the Southern Indians, say
+    not a word in behalf of our own Indians, whose fathers poured
+    out their blood for out independence. Is this right, and ought
+    the Indians to be sacrificed to the advantage a single man
+    derives from holding an office of very trifling profit? Let
+    us look at home, before we complain of the treatment of the
+    Indians at the South.
+
+The following; extract refers to the act passed to incorporate the
+Marshpee District, after so much trouble and expense to the Indians.
+I should suppose the people of Massachusetts would have been glad to
+have done us this justice, without making so much difficulty, if they
+had been aware of the true state of facts.
+
+    THE MARSHPEE ACT
+
+
+    Restoring the rights of self-government, in part, to the
+    Marshpee Indians, of which our legislation has deprived
+    them for one hundred and forty years, passed the Senate of
+    Massachusetts yesterday, to the honor of that body, without a
+    single dissenting vote. Too much praise cannot be given to Mr.
+    Senator Barton, for the persevering and high-minded manner
+    in which he has prepared and sustained this act. With two or
+    three exceptions, but which, perhaps, may not be indispensable
+    to the success of the measure, it is all the Indians or their
+    friends should desire, under existing circumstances. The
+    clause reserving the right of repeal, is probably the most
+    unfortunate provision in the act, as it may tend to
+    disquiet the Indians, and to give the Commissioner a sort of
+    threatening control, that will add too much to his power, and
+    may endanger all the benefits of the seventh section. This
+    provision was not introduced by the Committee, but was opposed
+    by Messrs. Barton and Strong, as wholly unnecessary.
+
+        [_Daily Advocate_.
+
+       *       *       *       *       *
+
+    SMALL MATTER.
+
+
+    In the resolve allowing fees to the Marshpee Indians, who have
+    attended as witnesses this session, the high-minded Senator
+    Hedge of Plymouth, succeeded in excluding the name of William
+    Apes, as it passed the Senate; but the House, on motion of
+    Col. Thayer, inserted the name of Mr. Apes, allowing him his
+    fees, the same as the others. Mr. Hedge made a great effort
+    to induce the Senate to non-concur, but even his lucid and
+    _liberal_ eloquence failed of its _noble_ intent, and the
+    Senate concurred by a vote of 13 to 6. Mr. Hedge must be
+    sadly disappointed that he could not have saved the State
+    twenty-three dollars, by his manly efforts to injure the
+    character of a poor Indian. Mr. Hedge, we dare say, is a
+    descendant from the pilgrims, whom the Indians protected at
+    Plymouth Rock! He knows how to be _grateful_!
+
+        [_Daily Advocate_.
+
+It appears that I, William Apes, have been much persecuted and abused,
+merely for desiring the welfare of myself and brethren, and because I
+would not suffer myself to be trodden under foot by people no better
+than myself, as I can see. In connection with this, I say I was never
+arraigned before any Court, to the injury of my reputation, save once,
+at Marshpee, for a pretended riot. An attempt to blast a man merely
+for insisting on his rights, and no more, is a blot on the character
+of him who undertakes it, and not upon the person attempted to be
+injured; let him be great or small in the world's eyes. I can safely
+say that no charge that has ever been brought against me, written
+or verbal, has ever been made good by evidence in any civil or
+ecclesiastical court. Many things have been said to my disparagement
+in the public prints. Much was said to the General Court, as that I
+was a gambler in lotteries, and had begged money from the Indians to
+buy tickets with. This calumny took its rise from certain articles
+printed in the Boston Gazette, written, as I have good reason to
+believe, by one Reynolds, a proper authority. He has been an inmate of
+the State prison, in Windsor, Vermont, once for a term of two
+years, and again for fourteen, as in part appears by the following
+certificate of a responsible person.
+
+    CONCORD, N.H. JUNE 27, 1832.
+
+
+    _To all whom it may concern_.
+
+    This may certify, that _John Reynolds_, once an inmate
+    of Vermont State Prison, and since a professed Episcopal
+    Methodist, and also a licensed local preacher in Windsor,
+    Conn. came to this place about June, 1830, recommended by
+    Brother J. Robbins, as a man worthy of our patronage; and of
+    course I employed him to supply for me in Ware and Hopkinton,
+    (both in N.H.) in which places he was for a short time,
+    apparently useful. But the time shortly arrived when it
+    appeared that he was pursuing a course that rendered him
+    worthy of censure. I therefore commenced measures to put him
+    down from preaching; but before I could get fully prepared for
+    him, he was gone out of my reach. I would however observe, he
+    wrote me a line from Portsmouth, enclosing his license, also
+    stating his withdrawal from us; and thus evaded trial. We
+    have, therefore, never considered him worthy of a place in any
+    Christian church since he left Hopkinton, in May, 1831. And
+    I feel authorized to state, that he does not deserve the
+    confidence of any respectable body of people.
+
+        E.W. STICKNEY, Circuit Preacher,
+        In the Methodist Episcopal Church.
+
+His wrath was enkindled and waxed hot against me, because I thought
+him scarce honorable enough for a high priest, and could not enter
+into fellowship with him. I opposed his ordination as an elder of
+our church, because I thought it dishonor to sit by his side; and he
+therefore tried to make me look as black as himself, by publishing
+things he was enabled to concoct by the aid of certain of my enemies
+in New York. They wrote one or two letters derogatory to my character,
+the substance of which Reynolds took the liberty to publish. For this
+I complained of him to the Grand Jury in Boston, and he was indicted.
+The following is the indictment:
+
+    The Jurors for the Commonwealth of Massachusetts, on their
+    oath present, that John Reynolds of Boston, Clerk, being a
+    person regardless of the morality, integrity, innocence and
+    piety, which Ministers of the Gospel ought to possess and
+    sustain, and maliciously devising and intending to traduce,
+    vilify and bring into contempt and detestation one William
+    Apes, who was on the day hereinafter mentioned, and still is a
+    resident of Boston aforesaid, and duly elected and appointed
+    a minister of the gospel and missionary, by a certain
+    denomination of Christians denominated as belonging to
+    the Methodist Protestant Church; and also unlawfully and
+    maliciously intending to insinuate and cause it to be
+    believed, that the said William Apes was a deceiver and
+    impostor, and guilty of crimes and offences, and of buying
+    lottery tickets, and misappropriating monies collected by
+    him from religious persons for charitable purposes, and for
+    building a Meeting-house among certain persons called Indians.
+
+    On the thirteenth day of August now last past, at Boston
+    aforesaid, in the County of Suffolk aforesaid, unlawfully,
+    maliciously, and deliberately did compose, print and publish,
+    and did cause and procure to be composed, printed and
+    published in a certain newspaper, called the "Daily Commercial
+    Gazette," of and concerning him the said William Apes, and of
+    and concerning his said profession and business, an unlawful
+    and malicious libel, according to the purport and effect, and
+    in substance as follows, that is to say, containing therein
+    among other things, the false, malicious, defamatory and
+    libellous words and matter following, of and concerning said
+    William Apes, to wit: _convinced at an early period of my_
+    (meaning his the said Reynolds) _acquaintance with William
+    Apes_, (meaning the aforesaid William Apes,) _that he_
+    (meaning said William,) _was not what he_ (meaning said
+    William,) _professed to be; but was deceiving and imposing
+    upon the benevolent and Christian public_, (meaning that said
+    William Apes was a deceiver and impostor,) _I_ (meaning said
+    Reynolds,) _took all prudent means to have him_ (meaning
+    said William,) _exposed, and stopped in his_ (meaning said
+    William,) _race of guilt_, (meaning that said William had been
+    guilty of immorality, dishonesty, irreligion, offences and
+    crimes;) _these men_, (meaning one Joseph Snelling and one
+    Norris,) _were earnestly importuned to investigate his_
+    (meaning said William,) _conduct, and enforce the discipline_
+    (meaning the discipline of the church,) _upon him_ (meaning
+    said William,) _for crimes committed since his_ (meaning
+    said William's) _arrival in this city_, (meaning said city of
+    Boston, thereby meaning that said William Apes had been guilty
+    of crimes in said Boston,) _though well acquainted with
+    facts, which are violently presumtive of his_ (meaning said
+    William's) _being a deceiver, his_ (meaning said William's)
+    _friends stand by him_, (meaning said William's) _and will not
+    give him_ (meaning said William,) _up, though black as hell_,
+    (meaning that said William was a deceiver, and of a wicked and
+    black character.) _When I am informed that he_ (meaning said
+    William) _is ordained_, (meaning as a minister of the gospel,)
+    _that he_ (meaning said William,) _is by permission of the
+    brethren travelling, and permitted to collect money to build
+    the house aforesaid_, (meaning the aforesaid Meeting-house,)
+    _for his_ (meaning said William's,) _Indian brethren to
+    worship God in, I shudder not so much because he_ (meaning
+    said William,) _is purchasing Lottery Tickets_, (meaning that
+    said William was purchasing Lottery Tickets, and had spent
+    some of the aforesaid money for that purpose,) _but because I
+    know of his_ (meaning said William's) _pledge to the citizens
+    of New York and elsewhere_, to the great injury, scandal, and
+    disgrace of the said William Apes, and against the peace and
+    dignity of the Commonwealth aforesaid.
+
+        SAMUEL D. PARKER, Attorney of said Commonwealth, within the
+        County of Suffolk.
+        PARKER H. PEIRCE, Foreman of the Grand Jury.
+          A true Copy.--Attest,
+            THOMAS W. PHILLIPS, Clerk of the Municipal Court of the
+            City of Boston.
+
+Subsequently, I entered civil actions against two others, for the
+same offence, and had them held to bail in the sum of fifteen hundred
+dollars, with sureties. This soon made them feel very sore. They had
+put it in my power to punish them very severely for giving rein to
+their malignant passions, and they asked mercy. I granted it, in order
+to show them that I wanted nothing but right, and not revenge; and
+that they might know that an Indian's character was as dearly valued
+by him as theirs by them. Would they ever have thus yielded to an
+Indian, if they had not been compelled? I presume it will satisfy
+the world that there was no truth in their stories, to read their
+confessions, which are as follows:
+
+    _Extract from a letter written by David Ayres, to Elder T.F.
+    Norris, dated New Orleans, April 12, 1833_.
+
+    "I have arrived here this day, and expected to have found
+    letters here from you, and some of my other brethren
+    respecting Apes' suit. I never volunteered in this business,
+    but was led into it by others, and it is truly a hard case
+    that I must have all this trouble on their account."
+
+
+    _Extract of a letter written by David Ayers to William Apes,
+    dated July 1, 1833_.
+
+    "I am, and always have been your friend, and I never expected
+    that any things I wrote about you, would find their way into
+    the public papers. I am for peace, and surely I have had
+    trouble enough. I never designed to injure you, and when all
+    were your enemies, I was your warm friend."
+
+
+    _Extract from a letter written by G. Thomas to Rev. Thomas F.
+    Norris, dated New York, July 12, 1833_.
+
+    "William Apes might by some be said to be an excepted case;
+    but when this is fairly explained and understood, this would
+    not be the fact. My good friends of Boston, and my active
+    little brother Ayres, are to blame for this, and not me. I had
+    no malice against him, I never had done other than wish him
+    well, and done what I hoped would turn out for the best; but
+    knowing he was liable to error (as) others, and the case being
+    placed in such colors to me, I awoke up; and being pressed to
+    give what I did in detail as I thought, all for the good of
+    the cause and suffering innocence; but I am sorry I ever
+    was troubled at all on the subject; I thought that brother
+    Reynolds was a fine catch; but time I acknowledge is a sure
+    tell-tale. And by the by, they have caught me, and eventually,
+    unless Apes will stop proceedings, I must bear all the
+    burthen. Reynolds has got his neck out of the halter, and
+    Ayres is away South, and may never return; and poor me must be
+    at all the trouble and cost, if even the suit should go in my
+    favor. Can I think that Apes will press it? No. I think he has
+    not lost all human milk out of his breast, and will dismiss
+    the suit; and, as to my share of the cost, if I was able, that
+    should be no obstacle. If he will stop it all, if my friends
+    do not settle it, I will agree to, as soon as I am able."
+
+       *       *       *       *       *
+
+    I hereby certify, that I have copied the foregoing passages
+    from the letters purporting to be from David Ayres and G.
+    Thomas, respectively, as above mentioned, and that said
+    passages are correct extracts from said letters. I further
+    certify, that, as the Attorney of said William Apes, I acted
+    for him in the suits brought by him against said Thomas and
+    Ayres for libel, that while said suits were pending, said Apes
+    manifested a forgiving and forbearing disposition, and wished
+    the suits not to be pressed any further than was necessary to
+    show the falsehood of the statements of said Ayres and Thomas,
+    and contradict them; and, that he expressed himself willing to
+    settle with them upon their paying the cost, and acknowledging
+    their error, in consequence of which, by direction from him,
+    after he had perused said letters, I accordingly discharged
+    both suits, the bail of said Thomas and Ayres paying the
+    costs, which amounted to fifty dollars.
+
+    I further certify, that during my acquaintance with said Apes,
+    which commenced as I think, in March last, I have seen nothing
+    in his character or conduct, to justify the reports spread
+    about him, by said Thomas and Ayres; but on the contrary, he
+    has appeared to me to be an honest and well disposed man.
+
+        HENRY W. KINSMAN, No. 33, Court Street. _Boston, November 30,
+        1833_.
+
+        I, the subscriber, fully concur in the above statement.
+          JAMES D. YATES, Elder of the Methodist Protestant Church.
+
+The original confession of Reynolds being lost, I trust that the
+following certificate will satisfy the reader that it has actually had
+existence.
+
+    _To whom it may concern_.
+
+    This is to certify that I have repeatedly seen, and in one
+    instance, copied a paper of confession and _retraction_
+    of Slanders, which the writer stated he had uttered, and
+    published in papers of the day, against William Apes, the
+    preacher to the Marshpee tribe of Indians, signed, John
+    Reynolds, and countersigned as witness, by William Parker,
+    Esq. The copy taken of the above mentioned confession by the
+    subscriber, was sent to the Rev. T.R. Witsil, Albany, N.Y.
+
+        THOMAS F. NORRIS, President of the Protestant Methodist
+        Conference, Mass.
+        Attest,
+          JAMES D. YATES.
+        _Boston, May 7, 1835_.
+
+Nevertheless, lest this should not be sufficient, I am prepared to
+defend myself by written certificates of my character and standing
+among the whites and natives, (the Pequod tribe,) in Groton. They are
+as follows:
+
+    We the undersigned, native Indians of the Pequod tribe, having
+    employed Rev. William Apes as our Agent, to assist us, and to
+    collect subscriptions and monies towards erecting a house to
+    worship in, do hereby certify, that we are satisfied with
+    his agency; and that we anticipated that he would deduct
+    therefrom, all necessary expenses, for himself and family,
+    during the time he was employed in the agency, as we had no
+    means of making him any other remuneration.
+
+        By permission, FREDERICK X[Note: sideways X] TOBY,
+                       LUCRETIA GEORGE,
+        By permission, MARY X[Note: sideways X] GEORGE,
+        By permission, LUCY X[Note: sideways X] ORCHARD,
+                       WILLIAM APES,
+        By permission, MARGARET X[Note: sideways X] GEORGE.
+
+    I, Pardon P. Braton of Groton, in the County of New London,
+    and State of Connecticut, of lawful age, do depose and say,
+    that I was present when the above signers attached their names
+    to the above certificate, by them subscribed, and am knowing
+    to their having full knowledge of the facts therein contained;
+    and further the deponent saith not
+
+        PARDON P. BRATON.
+
+     _Groton, Dec. 3, 1832_.
+
+    County of New London, ss.--Groton, Dec. 3, 1832. Personally
+    appeared, Pardon P. Braton, and made solemn oath to the truth
+    of the above deposition, by him subscribed. Before me,
+
+        WILLIAM M. WILLIAMS, _Justice of the Peace_.
+
+    GROTON, INDIAN TOWN, CONN.
+
+    This may certify, that we, the subscribers, native Indians
+    of the Pequod tribe, do affirm by our signatures to this
+    instrument, that William Apes, Senior, went by our request
+    as Delegate, in behalf of our tribe, to New York Annual
+    Conference, of the Methodist Protestant Church, April 2, 1831.
+    The above done at a meeting of the Pequods, Oct. 6, 1830.
+
+        WILLIAM APES, JR. Minister of the Gospel, and Missionary to
+        that tribe.
+
+    As witness our hands, in behalf of our brethren,
+        By permission, MARY X[Note: sideways X] GEORGE,
+        By permission, LUCY X[Note: sideways X] ORCHARD,
+                       WILLIAM APES,
+        By permission, MARGARET X[Note: sideways X] GEORGE.
+
+    I, Pardon P. Braton of Groton, New London County, State of
+    Connecticut, do depose and say, that I am acquainted with the
+    Pequod tribe of Indians empowering William Apes, Sen. as their
+    Delegate to the New York Conference, as is above stated; and
+    further the deponent saith not.
+
+        PARDON P. BRATON.
+
+    _Groton, Dec. 3, 1832_.
+
+    New London County, ss.--Groton, Dec. 3, 1832. Personally
+    appeared, Pardon P. Braton, and made solemn oath to the truth
+    of the above deposition, by him subscribed. Before me,
+
+        WILLIAM M. WILLIAMS, _Justice of the Peace_.
+
+
+    _To all whom it may concern_.
+
+    This may certify, that we, the undersigners, are acquainted
+    with William Apes and his tribe, of Pequod, and that we live
+    in the neighborhood with them, and know all their proceedings
+    as to their public affairs, and that Mr. Apes, as far as we
+    know, has acted honest and uprightly; and that he has done his
+    duty to his Indian brethren, as far as he could consistently.
+    And that he has duly made known his accounts, and appropriated
+    the monies that was in contemplation for the Indian
+    Meeting-house, for the Pequod tribe; and we also certify that
+    said monies shall be duly appropriated.
+
+    Dated North Groton, Conn, Aug. 28, 1833.
+
+        JONAS LATHAM,
+        ASA A. GORE,
+        JOHN IRISH,
+        WILLIAM M. WILLIAMS.
+
+[Footnote 1: Here we were a little mistaken, not knowing in our
+ignorance, that we were making the Lieut. Governor commander in chief,
+and using his name to nullify the existing laws. Nevertheless, our
+mistake was not greater than many that have been made to pass current
+by the sophistry of the whites, and we acted in accordance with the
+spirit of the constitution, unless that instrument be a device of
+utter deception.]
+
+[Footnote 2: "In respect to the measures you may deem advisable, let
+them be confined in their adoption to an application of the _civil
+power_. If there is resistance, the Sheriff will, with your advice,
+call out the _posse comitatus_, and should there be reason to fear the
+inefficiency of this resort, I will be present personally, to direct
+any _military_ requisitions," &c.]
+
+[Footnote 3: Surely it was either insult or wrong to call the
+Marshpees citizens, for such they never were, from the declaration of
+independence up to the session of the Legislature in 1834.]
+
+[Footnote 4: I do not recollect uttering this expression, and it is
+not one that I am in the habit of using. It surprised me much, too,
+that the Sampsons should all swear alike, when it was impossible that
+they could have heard alike. If I used the word _shine_, it must have
+been in speaking to Mr. William Sampson, in a low tone, about fifty
+yards from the others.]
+
+[Footnote 5: Christmas.]
+
+[Footnote 6: By an Act of the Legislature in April last, 1835, _One
+Hundred Dollars_ is hereafter to be appropriated annually, from the
+School Fund, for the public schools in Marshpee. For this liberal
+act the Marshpees are indebted to the representations made to the
+Committee on education by their Counsel, B.F. HALLETT, Esq. This is
+an evidence of the paternal care of the Legislature, for which we can
+never be too grateful.]
+
+[Footnote 7: Meaning Envoy.]
+
+[Footnote 8: His Excellency LEVI LINCOLN, who proposed to raise
+a regiment to exterminate our tribe, if we did not submit to the
+Overseers.]
+
+[Footnote 9: The Counsel for the Indians, B.F. HALLETT, Esq. could not
+find a member of the House from Barnstable County, who would present
+the petition. The Indians will not forget that they owed this act of
+justice to Mr. CUSHING of Dorchester.]
+
+[Footnote 10: Mr. Apes did not attend.]
+
+
+
+
+AN INQUIRY INTO THE EDUCATION AND RELIGIOUS INSTRUCTION OF THE
+MARSHPEE INDIANS.
+
+
+On the subject of the means taken to educate the Indians, I will say
+a few words in addition to what has already been said, because we wish
+to show that we can be grateful when we have favors bestowed on us. Up
+to 1835, the State had done nothing for education in Marshpee, except
+build us two School-houses in 1831.
+
+Last winter the subject came up in the Legislature of distributing the
+School fund of the State among the towns. A bill was reported to the
+House, in which Marshpee was made a School District and entitled to
+receive a dividend according to its population by the United States
+census. Now this was meant well, and we feel obliged to the Committee
+who thought so much of us as this; but had the law passed in that
+shape, it would have done us no good, because we have no United States
+census. The people of Marshpee, nor the Selectmen knew nothing of this
+law to distribute the School fund, and our pretended missionary, Mr.
+Fish, never interested himself in such matters; but our good friend
+Mr. Hallett, at Boston, thought of us, and laid our claims before the
+Committee, by two petitions which he got from the Selectmen and from
+himself, and the Commissioner. We are told that the chairman of the
+School Committee, Hon. A.H. Everett, took much interest in getting a
+liberal allowance for education in Marshpee. He was once before a
+warm friend to the Cherokees, and his conduct now proved that he was
+sincere. He presented the petitions and proposed a law which would
+give us one hundred dollars a year forever, for public Schools in
+Marshpee, which was the largest sum that had been asked for by our
+friend Mr. H. A number of gentlemen spoke in favor of this allowance,
+and all showed that a spirit of kindness as well as justice toward the
+long oppressed red men, begins to warm the hearts of those who make
+our laws, and rule over us. We trust we are thankful to God for so
+turning the hearts of men toward us.
+
+The Bill passed the House and also the Senate, without any objection,
+and it is now a law of the State of Massachusetts, that the Marshpee
+Indians shall have one hundred dollars every year, paid out of the
+School fund, to help them educate their children. Our proportion as a
+District, according to what other towns receive, would have been but
+fifteen dollars. By the aid of our friends, and particularly of our
+counsel, (Mr. H.) who first proposed it, we shall now receive one
+hundred dollars a year; and I trust the Indians will best show their
+gratitude by the pains they will take to send their children to good
+schools, and by their raising as much more money as they can, to get
+good instructers; and give the rising generation all the advantages
+which the children of the whites enjoy in schooling. This will be one
+of the best means to raise them to an equality, and teach them to put
+away from their mouths forever, the enemy which the white man, when he
+wanted to cheat and subdue our race, first got them to put therein, to
+steal away their brains, well knowing that their lands would follow.
+
+The following are the petitions presented to the Legislature, which
+will give some light on the history of Marshpee.
+
+    To the Honorable General Court:
+
+    The undersigned are Selectmen and School Committee of the
+    District of Marshpee. We understand your Honors are going to
+    make a distribution of the School Fund. Now we pray leave to
+    say that the State, as the guardians of the Marshpee Indians,
+    took our property into their possession, so that we could not
+    use a dollar of it, and so held it for sixty years. We could
+    make no contract with a school-master, and during that time,
+    till 1831, we had no school house in Marshpee, and scarcely
+    any schools. We began to have schools about five years ago,
+    but still want means to employ competent white teachers
+    to instruct our children. Our fathers often petitioned the
+    Legislature to give them schools, but none were given till
+    1831, when the State generously built us two school-houses.
+
+    We also beg leave to remind your Honors that our fathers shed
+    their blood for liberty, and we their children have had but
+    little benefit from it. When a continental regiment of
+    four hundred men were raised in Barnstable county, in 1777,
+    twenty-seven Marshpee Indians enlisted for the whole war. They
+    fought through the war, and not one survives. After the war
+    our fathers had sixty widows left on the Plantation, whose
+    husbands had died or been slain. We have but one man living
+    who draws a pension, and not a widow. We pray you, therefore,
+    to allow to Marshpee, out of the School Fund, a larger amount
+    in proportion than is allowed to other towns and districts who
+    have had better means of education, and to allow us a certain
+    sum per year--and as in duty bound, will ever pray.
+
+        EZRA ATTAQUIN,  : Selectmen and School
+        ISAAC COOMBS,   : Committee of Marshpee
+        ISRAEL AMOS,    : District.
+
+       *       *       *       *       *
+
+    To the Honorable, the Senate and House of Representatives in
+    General Court assembled:
+
+    The undersigned beg leave to represent in aid of the petition
+    of the Selectmen and School Committee of the District of
+    Marshpee, praying for a specific appropriation from the School
+    Fund for the support of public schools in said district, that
+    we are acquainted with the facts set forth in said petition,
+    and believe that the cause of education could no where be more
+    promoted in any District in the Commonwealth than by making
+    a specific annual allowance to said Marshpee District. The
+    Legislature have made a specific annual appropriation of
+    fifty dollars to the Indians on Martha's Vineyard for public
+    schools, and the undersigned are of opinion, that an annual
+    appropriation of double that amount, would be no more than a
+    fair relative proportion for the District of Marshpee. It is
+    highly important that the District should be able to employ
+    competent white teachers, until they can find a sufficient
+    number of good teachers among themselves, which cannot be
+    expected until they have enjoyed greater means of education
+    than heretofore. The undersigned therefore pray that the
+    petition of said Selectmen may be granted, by giving a
+    specific annual allowance to said District.
+
+        BENJ. F. HALLETT, Counsel for the Marshpee Indians.
+        CHARLES MARSTON, Commissioner of Marshpee.
+
+Here it will be seen that the missionary for the Indians on Martha's
+Vineyard, did not go to sleep over his flock, or run after others
+and neglect what ought to be his own fold, as did the missionary,
+Mr. Fish, whom Harvard College sent to the Marshpees, and pays for
+preaching to white men. Mr. Bayley, the white missionary on the
+Vineyard, as I understand, took pains to send a petition to Boston,
+and he got fifty dollars a year for our brethren there, of which we
+are glad. From all we can judge of Mr. Fish, we should have sooner
+expected that instead of trying to help our schools, he would opposed
+our getting any thing for schools, as he also opposed our getting our
+liberty. He has done nothing for us, about our schools, and even tried
+to set the Indians against their counsel, Mr. Hallett, by pretending
+he had lost his influence. When Mr. Fish does as much for our liberty,
+and for our schools, as Mr. Hallett has done, we will listen to his
+advice.
+
+Mr. Bayley, the missionary on the Vineyard, we understand has but
+two hundred dollars a year from Harvard College, while Mr. Fish, at
+Marshpee, has between four and five hundred, and wrongly uses as
+his own about five hundred acres of the best land on the plantation
+belonging to the Indians. The Legislature in 1809, took this land from
+the Indians, without any right to do so, as we think, and thus
+compel them, against the Constitution, to pay out of their property
+a minister they never will hear preach. Is this religious liberty
+for the Indians? Mr. Fish is now cutting perhaps, 200 cords of wood,
+justly belonging to the Indians, when there is scarce five who will
+go and hear him preach in the Meeting-house, erected by the British
+Society for propagating the gospel among the Indians, and given to the
+Indians, but in which Mr. Fish now preaches to the whites, (having but
+one colored male member of his church,[1]) and keeps the key of it,
+for fear that its lawful owners, the Indians, should go in it, without
+his leave. He will not let them have it for holding a camp meeting, or
+for any religious purpose.
+
+Last August we invited Mr. Hallett to come and address us on
+Temperance, and to explain to us the laws. We appointed to meet at the
+Meeting-house, as the most central place. Mr. Fish at first refused to
+let the Indians go into their own Meeting-house, and the people began
+to assemble under the trees, when it was proposed for the Selectmen to
+go and ask for the key, that they might see if Mr. Fish would refuse
+it. At this moment, a white man who had been there some time, and had
+tried to pick a quarrel with Mr. Hallett and the Indians,[2] said he
+was sent by Mr. Fish with the key, and would let the people in, if
+they would promise to come out when _he_ told them to. Mr. Hallett
+declined going in on such terms, and proposed to hold the meeting
+under the trees. This shamed the messenger of Mr. Fish, and he opened
+the door, and the people went in, where Mr. Hallett addressed them.
+While the Indians were thus gratified in meeting their friends, and in
+hearing good advice from Mr. Hallett, on temperance and their affairs,
+Mr. Fish's messenger interrupted the speaker, in a very abrupt and
+indecent manner, and tried to bring on a quarrel and break up the
+meeting. Captain George Lovell, always a friend to the Indians,
+tried to keep Mr. Crocker still, and Mr. Hallett declined having any
+controversy, yet the man persisted in his abuse, until he broke up
+the meeting. Had it been thought best, this insulting ambassador would
+have been put out of the house as a common brawler and disturber; but
+Mr. Hallett forbore to have any controversy with him. He afterwards
+met the Indians in their School-houses, and delivered two addresses
+without interruption from the emissaries of Mr. Fish. This is a
+sample of the way the Indians have been treated about their own
+Meeting-house. In some of the old petitions, the Indians speak of
+this Meeting-house as _our_ Meeting-house, and it was built for them,
+without a dollar from the white men of this country, except when the
+Legislature, at the petition of the Indians, repaired it in 1816. And
+now, no Indian can go inside of it, but by the permission of Mr. Fish,
+whom they will not hear preach.
+
+It seems that the Indians are not to have the benefit of any thing
+given to them. It must all go to the whites. The whites have our
+Meeting-house, and make Marshpee pay about one-third the support of a
+minister they will not hear preach. The other two-thirds comes from a
+fund. In 1711, a pious man named Williams, died in England, and in his
+will he said, "I give the remainder of my estate to be paid yearly to
+the College of Cambridge, in New England, or to such as are usually
+employed to manage the blessed work of _converting the poor Indians_
+there, to promote which, I design this part of my gift."
+
+This was the trust of a dying man, given to Harvard College, that
+great and honorable Literary Institution. And how do they fulfil the
+solemn trust? They have been and still are paying about five hundred
+dollars a year to a missionary for preaching to the whites. This
+missionary, by his own statement, [see Mr. Hallett's argument,] shows
+he has added to his church _twenty_ members from the tribe of over
+three hundred persons, in _twenty-two years_. Is not this more
+expensive in proportion to the good done, than any heathen mission
+on record? Mr. Fish has now been preaching in Marshpee _twenty-four
+years_. In that time he has received from the Williams fund, given
+solely to convert the poor Indians, about five hundred dollars a year,
+as nigh as can be ascertained, which is TWELVE THOUSAND DOLLARS for
+persuading twenty colored persons to join his church. This is six
+hundred dollars for every member added to his church, and if his other
+pay is added, it amounts to nine hundred dollars for each member.
+
+Besides this, Mr. Fish has derived an income, we think not much,
+if any, short of two hundred and fifty dollars a year, from the
+wood-land, pasturage, marshes, Meeting-house, house lot, &c. which he
+has wrongfully held and used of the property of the Indians. Add this
+to his pay from Harvard College, and he has had EIGHTEEN THOUSAND
+DOLLARS, of money that belonged to the Indians, and which, if it had
+been laid up for a fund, would have supplied missionaries for all
+the Indians in New England, according to the will of the pious Mr.
+Williams. We respect the President and Trustees of Harvard College.
+They are honorable men and mean to do right, but I ask them to look
+at this statement, then to read the will of Mr. Williams, and laying
+their hands upon their heart, to ask in the presence of the God of
+the Indian as well as the white man, whether they have done unto the
+Indians of New England and their children, as they would that the
+Indians should do unto them and their children? We are told that we
+might bring a suit in equity, or in some way, to compel the Trustees
+of the Williams fund, to distribute it as the pious donor meant, not
+for the conversion of the whites, even to the taking away from the
+Indians of their Meeting-house and lands, but for "the blessed work of
+converting the poor Indians," as Mr. Williams says in his will.
+
+But it is hard for Indians to contend in the courts of white men,
+against white men. We can have none of our people to decide such
+questions, and what could we do against all the power and influence
+of the Corporation of Harvard College? If the President and Fellows
+of Harvard College prefer to deal unjustly by the poor Indians, and
+violate the trust of Mr. Williams, by giving the funds to the whites
+instead of the poor Indians, they must submit to the wrong, we
+suppose, for there are none strong enough to help them. They can take
+the money from the Indians, but cannot compel them to hear a preacher
+they dislike.
+
+Some people may say that William Apes wants to get what Mr. Fish
+has, but all he asks is, that Harvard College and the State will not
+support an _established religion_ in Marshpee, but leave the Indians
+free to choose for themselves. Mr. Williams did not give his property
+to the Marshpee Indians, more than to any others. It was designed for
+all the Indians in New England, and we cannot see what right Harvard
+College has to give it all for the whites near Marshpee and the
+Indians on Martha's Vineyard. If they are afraid that blind Joseph or
+William Apes, the Indian preachers, should have any of this money, if
+it is withdrawn from Mr. Fish, let them take it, and send a missionary
+among the Marshpee Indians they like. Or let them employ a man, some
+Elliot, if they can find one, to visit all the Indians in New England,
+to find out their condition and spiritual wants, and try to relieve
+them. This would be doing some good with money that is now only used
+to disturb the Indians, to take from them their Meeting-house, to
+create divisions among them, and turn what the pious Williams meant
+for a blessing into a curse to the Indians. What would the pious
+Williams say to Harvard College, could he visit Marshpee on a Sabbath?
+He might go to the Meeting-House built for the Indians, by the society
+in England, of which I believe he was a principal member. He would
+find a while man in the pulpit, white singers loading the worship, and
+the body of the church occupied by seventy or a hundred white persons,
+of the neighboring villages, scarcely one of whom lives on the
+plantation. Among these he would see four, five, six, or possibly ten
+persons with colored skins; not but one male among them, belonging to
+the church. He would probably think he had made a mistake, and that
+he was in a white town, and not among the Indians. He might then go to
+the house of blind Joseph, (the colored Baptist preacher,) or to the
+School-house in Marshpee, and he would there find twenty, thirty, or
+forty Indians, all engaged in the solemn worship of God, united and
+happy, with a little church, growing in grace. He might then visit the
+other School-house, at the neck, where he would find William Apes,
+an Indian, preaching to fifty, sixty, or seventy, and sometimes an
+hundred Indians, all uniting in fervent devotion. After the sermon, he
+would hear a word of exhortation from several of the colored brethren
+and sisters, in their broken way, but which often touches the heart
+of the Indian, more than all the learning that Harvard College can
+bestow. He would hear the Indians singing praises to God, and making
+melody in their hearts if not in their voices. What would he say then,
+when told that Harvard College had paid twelve thousand dollars of his
+funds for converting the poor Indians, to the white minister, who
+had made twenty members in twenty-four years, while the two Indian
+preachers, with forty-seven members to their churches, added in
+three years, were like St. Paul, laboring with their own hands for a
+subsistence?
+
+All the Indians ask of Harvard is, take away your pretended gift. Do
+not force upon us a minister we do not like, and who creates divisions
+among us. Let us have our Meeting-house and our land, and we will be
+content to worship God without the help of the white man.
+
+This Meeting-house might as well be in India as in Marshpee, for all
+the benefit the Indians have of it. It is kept locked all the time,
+with the key in Mr. Fish's possession. It is seen that he would not
+let the Baptist church of Indians have it to ordain their beloved
+pastor, blind Joseph in, and we see how it was granted to the Indians,
+when they wanted it for Mr. Hallett to address them last summer. Not
+only were we forbidden the use of the Meeting-house, but even the land
+which the Legislature unconstitutionally as we think, took from the
+Indians to give to Mr. Fish, is considered by him too holy to be
+defiled by the Indians, who are its true owners.
+
+Last summer, sometime in July, my church desired to have a
+Camp-meeting, of which we had had one before, attended, as we believe,
+with a great blessing. We selected a spot some distance from the
+Meeting-house, in a grove, beside the river; but though not in sight
+of the Meeting-house, it was on the ground which Mr. Fish thinks has
+been set apart for his sole use. After the notice was given of the
+Camp-meeting, I received from Mr. Fish the following note, which is
+here recorded, as an evidence of the Christian spirit with which
+a church in Marshpee consisting of thirty-five members, who were
+Indians, was treated and molested in their worship, by the missionary
+Harvard College has paid so liberally to "convert the poor Indians,"
+and who had but five Indians in his church, not one being a male
+member.
+
+    MARSHPEE, JULY 19, 1834.
+
+
+    Mr. WM. APES,
+
+    _Sir_,--Perceiving by a notice in the "Barnstable Journal," of
+    last week, that you have appointed a Camp-meeting, to commence
+    on the 30th inst. and to be holden on the Parsonage, and in
+    the vicinity of the Meeting-house,
+
+    _This is to forbid the proceeding altogether_!
+
+    You have no pretence for such a measure; and if you persist
+    in your purpose to hold such Meeting, either near the
+    _Meeting-house_, or on _any part of the Parsonage allotment_,
+    you must consider yourself _responsible for the consequences_.
+
+    I am &c.
+
+        PHINEAS FISH.
+
+    Rev. WILLIAM APES.
+
+Soon after this, the Selectmen, one of whom was a member of my
+church, applied to Mr. Fish respecting holding the Camp-meeting on the
+parsonage. The place selected could not have disturbed Mr. Fish, any
+more than people passing in carriages in the main road. We had no
+Meeting-house, our School-houses would not hold the people, and we had
+no other means but to erect our tents and worship God in the open air.
+A pious family of whites from Nantucket, came on the ground, and began
+erecting their tent. Mr. Fish came there in person and ordered them
+off. The man told him that he had his family there, and had no other
+shelter for the night but his tent, which he should not remove, but
+would do so the next day, if he found that he was trespassing on
+any man's rights. But he added, if Mr. Fish turned him off, he would
+publish his conduct to the world. Mr. Fish's interference to break
+up our religious meeting, created much talk, and finally he wrote the
+following letter to the Selectmen; after which we went on and had our
+meeting, in a quiet, orderly and peaceful manner, and we believe it
+was a season of grace, in which the Lord blessed us.
+
+    _To the Selectmen of Marshpee_.
+
+
+    On mature thought, and in compliance with your particular
+    request, I consent to your holding the Camp-meeting, which
+    is this day commenced, on the spot near the river, where the
+    first tent was erected. I consent, (I say,) on the following
+    conditions, viz: That you undertake that no damage come upon
+    the parsonage property, either wood land, or Meeting-house;
+    that no attempt be made to occupy the Meeting-house; that
+    there be no attempt on the Sabbath, or any other day, to
+    interrupt the customary worship at the Meeting-house, and,
+    _that peace, order, and quietude_ be maintained during the
+    time of the Camp-meeting. It is also distinctly understood,
+    that this license is of _special favor_, and _not conceded as
+    your right_, and no way to be taken as a ground for similar
+    requests in future, or for encouraging any future acts of
+    annoyance, vexation, or infringement of the quiet possession
+    of the privileges, secured to me by the _Laws_. And that
+    should any damage be done in any way as aforesaid, you will
+    consider yourselves responsible to the proper authorities.
+
+    With my best wishes for your welfare, your friend,
+
+        PHINEAS FISH.
+        _Marshpee, July 30, 1834_.
+
+The reader may now ask, how came Mr. Fish in possession of this
+property, which he claims to hold by the Laws? I am at liberty to
+publish here, the following views of the law and the facts in the
+case, drawn up by legal counsel whom the Selectmen have consulted. And
+here I take my leave.
+
+
+
+
+
+OPINION AS TO THE TITLE REV. PHINEAS FISH HAS TO THE PARSONAGE, SO
+CALLED, IN MARSHPEE.
+
+
+The first act of the General Court which interfered with the right of
+the Indians to sell their own lands, all of which they owned in common
+in Marshpee Plantation, (including what is now called the parsonage,)
+was in 1650, which provides that no person shall _buy_ land of
+any Indian without license of the General Court. In 1665, this was
+extended to grants for term of years. In 1693, the Indians were put
+under guardianship.
+
+In 1701, an Act was passed specially to protect the Indians in the
+enjoyment of their lands. [Col. Laws, page 150,] It also shows why the
+restriction in the sale of their lands was adopted.
+
+    "Whereas, the government of the late Colonies of the
+    Massachusetts Bay and New Plymouth, to the intent the native
+    Indians might not be injured or defeated of their just rights
+    and possessions, or be imposed on and abused in selling and
+    disposing of their lands, and thereby deprive themselves
+    of such places as were suitable for their settlement", did
+    inhibit the purchase of land without consent of the General
+    Court, notwithstanding which, sundry persons have made
+    purchases, &c.; therefore, all such purchases of lands were
+    vacated, with the exception of towns, or persons who had
+    obtained lands from the Indians, and also by virtue of a grant
+    or title made or derived by or from the General Court. All
+    leases of land from Indians for any term or terms of years to
+    be void, unless license was obtained for such lease from
+    the County Court of Sessions. _Provided_, nevertheless, that
+    nothing in this act shall be held or deemed in any wise to
+    hinder, defeat or make void any bargain, sale or lease of
+    land, made by an Indian to another Indian or Indians.
+
+    1718. This is the first act which took from the Indians
+    their civil capacity to make contracts. It says, "whereas,
+    notwithstanding the care taken and provided (by the former
+    act,) a great wrong and injury happens to said Indians,
+    natives of this country, by reason of their being drawn in by
+    small gifts, or small debts, when they are in drink, and out
+    of capacity to trade, to sign unreasonable bills or bonds for
+    debts which are soon sued, and great charge brought upon them,
+    when they have no way to pay the same, but by servitude";
+    therefore no contract whatever shall be recovered against any
+    Indian native, unless entered into before two Justices of the
+    Peace in the County, both to be present when the contract is
+    executed by the Indian.
+
+The act of 1725, recognizes the rights of Indians to employ persons
+to build houses on _their own lands_. Their own lands then were the
+commons, including the parsonage.
+
+In 1763, Marshpee was incorporated as a District, including the land
+now called the parsonage. "_Be it enacted_, &c. that all the lands
+_belonging_ to the Indians and mulattos in Mashpee be erected into a
+district, by the name of Mashpee." The Proprietors are empowered to
+meet "IN THE PUBLIC MEETING HOUSE," [the one now claimed by Mr. Fish,]
+to elect a Moderator, five Overseers, two to be Englishmen, a town
+Clerk and Treasurer, being Englishmen, two Wardens, and one or more
+Constables. The majority of the Overseers had the sole power to
+regulate the fishery, to lease such lands and fisheries as are held in
+common, not exceeding for two years, and to allot to the Indians their
+upland and meadows. This act was to continue for three years and
+no longer. It does not appear ever to have been revived. The
+revolutionary war intervened, and there is no act after 1766, until
+the act of 1788, after the revolutionary war, which last act put the
+Indians and their lands under strict guardianship.
+
+In this interval between 1766 and 1788, the only transaction on which
+Mr. Fish can found any claim to the parsonage look place. There
+was then either no law existing, which could empower any person to
+sequester and set apart the lands of the Indians, or the law of 1693,
+(if that of 1763 had expired,) was revived, by which the guardianship
+again attached to the Indians. The Indians, it is believed, continued
+to choose their own Overseers, under the charter of 1763, after it
+had expired, and without any authority to do so. It was the only
+government they had during the troubles of the revolution.
+
+We now come to the first evidence of any thing relating to the
+parsonage land being set apart from the common land. This was in 1783,
+and the following is the Deed from the Records of Barnstable County,
+and the only deed relating to this property.
+
+    DEED OF MARSHPEE PARSONAGE.
+
+
+    _Know all Men by these Presents_, That we, Lot Nye, Matthias
+    Amos, Moses Pognet, Selectmen, and Israel Halfday, Joseph Amos
+    and Eben Dives, of the district of Marshpee, _for the support
+    of the Gospel in said Marshpee in all future generations,
+    according to the discipline and worship of the Church in
+    this place, which is Congregational_, do allot, lay out,
+    and _sequester_ forever, a certain tract of land, being four
+    hundred acres more or less, lying within the Plantation of
+    Marshpee, and _being Indian property_, which is to lay as a
+    parsonage forever and to be _improved and used for the sole
+    purpose aforesaid_; and the said tract or parcel of land for
+    the said Parsonage, is situated on the East side of Marshpee
+    river, and bounded as follows, viz: Beginning at a certain
+    spring of fresh water which issues from the head a small
+    lagoon on the East side of Marshpee river aforesaid, and runs
+    into said river a small distance below, and South of the spot
+    where negro Scipio and his wife Jemimai had their house, which
+    is now removed, and from thence running due East into the land
+    until it comes to the great road which leads into Marshpee
+    Neck, so called, and from thence Northwardly bearing Eastward
+    as the said road runs, until it comes to the great road,
+    which is the common road from Barnstable to Falmouth, and then
+    bounded by the last mentioned road Northwardly, and running
+    Westwardly until it comes to Ashir's road, then crossing
+    Falmouth road and running in Ashir's path till it comes
+    to Marshpee river aforesaid, and then upon the said river
+    Southwardly, and on the East side, until it comes to the first
+    station, leaving Quokin, and Phillis his wife, quiet in their
+    possessions; which tract of land, (except Mary Richards'
+    fields and plantation,) which is within the said boundaries,
+    and wood for Mary's own use, and fencing stuff for her fences
+    as they now stand, with all the appurtinances and privileges
+    thereunto belonging, shall be forever for the important
+    purpose of propagating the Gospel in Marshpee, without any
+    let, hindrance or molestation. In confirmation whereof, we
+    have hereunto set our hands and seals, this seventh day of
+    January, one thousand seven hundred and eighty-three. 1783.
+
+        LOT NYE,
+        MATTHIAS X[Note: sideways X] AMOS, his mark.
+        MOSES X[Note: sideways X] POGNET,    "
+
+    N.B. Before the insealing the premises, reserve was made
+    by the signers of this instrument, for the heirs of Mary
+    Richards, that they forever be allowed her in her life time,
+    and Abraham Natumpum and his heirs, be allowed severally to
+    enjoy and possess Scipio's cleared spot of land, and fencing
+    stuff for the same.
+
+        ISRAEL X[Note: sideways X] HALFDAY, his mark.
+        JOSEPH X[Note: sideways X] AMOS,      "
+        EBEN X[Note: sideways X] DIVES,       "
+
+
+    In possession of: Gideon Hawley
+                    : Simon Fish.
+
+    Received November 10, 1800, and is recorded in the 25th Book
+    of Records, for the County of Barnstable, folio 139, and
+    compared.
+
+        Attest, EBENEZER BACON, _Register_.
+
+Lot Nye was a white man, a great Indian speculator. The other five
+were Indians, two calling themselves Selectmen. Now what power had
+these men in 1783, to sequester four hundred acres of the common land
+of the Indians, for any purpose? If they were Selectmen, and had any
+power, that power was expressly limited by the act of 1763, to leasing
+lands for a term not exceeding two years. Here they undertook to make
+a perpetual grant, a sort of dedication of the property to a certain
+purpose. If they could dispose of one acre so, they might with equal
+propriety, have disposed of the whole Plantation. The Indians were all
+tenants in common, and no dedication or transfer of the common land
+could be made, without a legal partition, or the consent of every
+individual tenant. If the pretended Selectmen acted for the Indians,
+they could only do so by power of attorney to act for all the tenants
+in common. There is no other possible legal way, by which land, the
+fee of which is owned by tenants in common, can be transferred, either
+in fee or in occupancy out of their possession forever. But besides,
+no act of the Indians was then valid unless confirmed by the General
+Court. This deed, therefore, of 1783, was void at the time. It seems
+nothing was done with it, until 1800, _seventeen years_ after, when
+it was recorded in the Barnstable County Registry of Deeds, at whose
+instigation does not appear. Now in 1800, when this deed was recorded,
+the Indians were legally minors, and could do no act, and make no
+contract. All the power their Selectmen had in 1783, was taken away.
+They were under five Overseers, who had power to improve and _lease_
+the lands of the Indians and their tenements, but no power to sell,
+sequester or dedicate any part of them. The Overseers had no power to
+take a dollar from the Indians, for religious worship. While this was
+the condition of the Indians under the law of 1789, (which continued
+in full force, with an additional act in 1819, till the new law of
+1834,) the deed was recorded, in 1800, _seventeen years_ after it
+was made by persons who had no power at all to make such a deed. The
+professed object was to set apart 400 acres, of the common land,
+lying in Marshpee, "_and being Indian_ _property_," for a parsonage,
+forever. The clear title then was in the Indians as tenants in common,
+for the deed so declares it, in 1783. The parsonage was their property
+then. How has it ever been conveyed out of their hands? The purpose
+for which this land was to be used, as sequestered by Lot Nye, &c. was
+for the sole purpose aforesaid, viz. "For the support of the Gospel
+in Marshpee in all future generations, according to the discipline
+and worship of the Church in this place, which is Congregational."
+And this property, says the deed, "shall be forever for the important
+purpose of propagating the gospel in Marshpee, without any let,
+hindrance or molestation."
+
+This, then was the design of the original signers of this deed, who
+had no right to sign such a deed at all. Their object was to promote
+the gospel in Marshpee, but how has it turned out? The property has
+been used for twenty-four years, to pay a minister who preaches to the
+whites, and whom the Indians with very few exceptions, will not hear.
+Is not this a gross perversion of the design of the donors, even if
+they had any power to have made this grant? No lawyer will pretend
+that the grant was not void, under this deed alone. There was no
+grantee, no legal consideration, and no power to convey. The deed
+remained on record, until 1809, when the following act was passed by
+the Legislature, attempting to confirm a deed made 26 years before, by
+men who had no power to make such deed.
+
+    COMMONWEALTH OF MASSACHUSETTS,
+
+
+    _House of Representatives, June_ 15, 1809.
+
+    On the representation of the Overseers of the Indian
+    Plantation of Marshpee, in the County of Barnstable, stating
+    in behalf of said Indians, that it would be conducive to their
+    interests, that a certain grant and allotment of lands therein
+    described, _formerly owned by said Indians_, for the support
+    of the gospel ministry among them, should be confirmed and
+    rendered valid.
+
+    _Resolved_, That a certain grant or allotment of land made by
+    Lot Nye, Matthias Amos, Moses Pognet, Isaac Halfday, Joseph
+    Amos, and Eben Dives, of the District of Marshpee, in the
+    County of Barnstable, as appears by their deed by them, and
+    by them signed, sealed and executed, on the seventh day of
+    January, one thousand seven hundred and eighty-three, and
+    recorded in the Registry of Deeds, in and for said County of
+    Barnstable, in the fifty-fifth book thereof, and 139th
+    folio of said book, said land being 400 acres more or less,
+    according to said deed, be and the same hereby is confirmed
+    and rendered valid to all intents and purposes by them in
+    their said deed expressed, and the said tract of land shall be
+    and remain forever as a parsonage, for the use and benefit of
+    a Congregational gospel minister, as expressed and declared in
+    their said deed. Sent up for concurrence.
+
+        TIMOTHY BIGELOW, _Speaker_.
+
+        _In Senate, June_ 19, 1809,
+
+    Read and concurred.
+
+        H.G. OTIS, _President_. Approved, C. GORE.
+
+        June 19, 1809,
+        [True Copy.]
+
+Now, if the deed was not valid in 1783, without the concurrent action
+of the General Court, it could not be made valid by an act of the
+General Court 26 years afterwards. Besides, the land had been in
+possession of the Indians, by virtue of their title, more than twenty
+years, after the making of the pretended deed. The power of the
+grantors, if they ever had any power, had long expired, and Marshpee
+was governed by new laws. We might as well hold that an act passed
+by the House of Representatives in 1783, could be made valid by a
+concurrence of the Senate, in 1809.
+
+It is plain, therefore, that unless the General Court had power
+without the consent of the Indians, to sequester this land in 1809,
+the setting of it apart from the common land, is wholly void, and an
+act of mere arbitrary power. But the general Court never assumed the
+power to convey any land for any purpose, belonging to the Indians
+without their consent. Where and how was their consent given to this
+act of 1809? They were minors in law, and could give no such consent.
+Their Overseers could give none for them, for their power only
+extended to alloting laws to the Indians, and _leasing_ them.
+The pretence, therefore, that this was done at the request of the
+Overseers, gives no strength to the act.
+
+Let another fact be remarked. The original sequestration in 1783,
+was to promote the gospel in Marshpee. The General Court profess to
+confirm and render valid the deed of Lot Nye and others, but they say
+that this four hundred acres "shall remain forever as a parsonage for
+the use and benefit of a Congregational gospel minister, _as expressed
+in their said deed_."
+
+Now no such thing is expressed in their deed. There is not a word
+about a Congregational _minister_; only "for the support of the
+gospel, according to the discipline and worship of the church in this
+place, which is Congregational."
+
+The General Court, therefore, gave a construction to the deed, which
+the deed never warranted. The whole proceeding must be illegal and
+void. The fee still remains in the Indians, and no power existed to
+take it from them without their whole consent as tenants in common,
+which they have never given, and could not give, because they were in
+law minors. Mr. Fish was sent to Marshpee as a minister, and ordained
+in 1811. The Indians, as a society, never invited him to come,
+or settled him. They never gave him possession of the land or
+Meeting-house. They were then minors in law, and could give no
+consent. The white Overseers and Harvard College, were the only powers
+that undertook to give Mr. Fish possession of the property of the
+Indians. It is true, he has held it twenty years, but the statute
+of quiet possession does not run against minors. The Indians were
+declared minors, and could bring no action in court.
+
+This is the true history of the parsonage and Meeting-house now
+wrongfully held by Mr. Fish. Have not the Indians a right to their
+own property? Has the Legislature and Harvard College, a right to
+establish a religion by law in Marshpee, and take the property of
+the Indians to support a minister they will not hear? Where did the
+General-Court get any power to give away the property of the Indians,
+any more than the lands of white men, held in common? They cannot take
+the property of the Indians to support a private individual. Was it
+then a public use? But the Constitution says "no part of the property
+of any individual, can with justice be taken from him, or applied to
+public uses, without his own consent, or that of the representative
+body of the people, and whenever the public exigencies require that
+the property of any individual should be appropriated to public uses,
+he shall receive a reasonable compensation therefor." Apply this to
+the act of the General Court, by which Mr. Fish holds four hundred
+acres of the common lands of the Indians, against their consent,
+and for which they never received a dollar, and answer. Is not the
+Constitution violated, every day he is suffered to remain on the
+plantation, against their consent, subsisting on the property of the
+poor Indians, not to benefit them, but to preach to the whites?
+
+Look at this subject also, in connexion with religious freedom.
+The old article of the Constitution, gave the Legislature power
+to _require_ the towns to provide for public worship at their own
+expense, where they neglected to make such provisions themselves;
+but it also provided that the towns, &c. "shall at all times have the
+exclusive right of electing their public teachers, and of contracting
+with them for their support and maintenance."
+
+This right the Indians have never had in regard to Mr. Fish, nor did
+they neglect to support worship, and if they did, the Legislature had
+no power to take their property and set it apart, but might impose a
+tax or a fine.
+
+But what says the amended article on this subject of religious
+freedom? "The several religious societies of this Commonwealth, (the
+Indian as well as the white man,) whether corporate or unincorporate,
+shall ever have the right to elect their pastors or religious
+teachers, to contract with them for their support, to raise money
+for the erecting and repairing houses of public worship, for the
+maintenance of religious instruction, and all religious sects and
+denominations, demeaning themselves peaceably, and as good citizens,
+shall be equally under the protection of the law."
+
+Are the Indians at Marshpee, protected in the same manner the whites
+are, in their religious freedom? The Indians think not, and with good
+reason; and yet they cannot get redress. They have warned Mr. Fish to
+leave their property; they have dismissed him as their minister, if he
+ever were such, and have forbidden his using their Meeting-house, or
+carrying off their wood. But he persists in holding and using their
+property, as they say wrongfully, and even prohibits their having
+a religious meeting in the woods, without his consent. He is, it
+is stated, at this time employing men to cut and cart wood off the
+plantation, for his support, and it is supposed he will thus take of
+the property really belonging to the Indians, about two hundred cords
+of wood the present year.
+
+Now if this land belongs in common to the Marshpee Indians, as they
+contend it does, Mr. Fish and the white men he employs, (and it is
+understood he employs no others,) violate the law of 1834, and are
+liable to indictment. That law says, "that no person other than
+proprietors or inhabitants of said District, shall ever cut wood [upon
+the common lands,] or transport the same therefrom. And every person
+offending against this provision, shall be liable to indictment
+therefor, and upon conviction, shall pay a fine of not less than
+fifty, nor more than one hundred dollars, to the use of said
+District." In this mode, by indicting the white men employed by Mr.
+Fish, to cut and carry off wood, the question could be tried, which is
+simply whether the fee of the parsonage is in the Indians, or whether
+it is in Mr. Fish, who never had any deed of it in any way. The
+parsonage was common land in 1783. Has it been legally changed since
+in its title, is the question. But even in this matter, as we are
+informed, the courts of justice which are open to white men, are
+closed to the poor Indians. At the last session of the court in
+Barnstable, the Selectmen of Marshpee complained against the white
+men employed by Mr. Fish, for cutting wood on their common lands. The
+District Attorney on ascertaining that the wood was taken from the
+parsonage, so called, undertook to decide the whole question,
+before it went to the court, as it is stated to us, and without any
+examination as to Mr. Fish's title, refused to act upon the complaint.
+Had the indictment been found, the question could have gone to the
+Supreme Court, and been there settled. The Indians now must either
+submit to be wronged until some prosecuting officer will hear their
+complaints, or they must apply for an injunction, to stop Mr. Fish
+cutting any more of their wood. These are believed to be substantially
+the facts and the law, in this case. They are left with a candid
+public to consider, and to form their opinion on, if they cannot be
+shown to be unfounded.
+
+It should be understood that the Committee who reported the act of
+1834, giving the new law to the Indians, did not decide any question
+touching the parsonage. They treated all the plantation as lands owned
+in common. It has been said that the Chairman of the Committee, Mr.
+Barton, had given an opinion that Mr. Fish was entitled to hold
+the property. This is incorrect. To obviate such an impression,
+Mr. Hallett, the counsel for the Indians, wrote to Mr. Barton, and
+received the following reply, which will fully explain the position in
+which the question was left by the Legislature. In the views expressed
+by Mr. Barton, Mr. Hallett fully concurs. Too much praise cannot be
+given to Mr. Barton for the zeal, patience and ability with which he
+discharged the duties of Chairman of the Committee.
+
+    WORCESTER, JULY 1, 1834.
+
+
+    DEAR SIR,
+
+    I last evening received your favor of the 28th ult. The Committee of
+    the Legislature, who had in charge the Marshpee business,
+    intentionally avoided expressing any opinion in regard to the tenure
+    by which Mr. Fish held the parsonage. In our report we merely
+    adverted to the facts, that in 1783, Lot Nye, and several Indians
+    granted 400 acres of the common land, "to be forever for the
+    important purpose of propagating the Gospel in Marshpee." There were
+    no grantees named in the deed. In 1809, the General Court confirmed
+    this grant of a parsonage, "to be held forever for a Congregational
+    Gospel Minister." We found Mr. Fish in possession of the parsonage,
+    _as such a minister_. But whether by virtue of said grant, and his
+    settlement at Marshpee he could hold the parsonage, _as a sole
+    corporation_, we regarded it as a question of purely a judicial
+    character, and one with which it was "not _expedient_," and might we
+    not have added _proper_, "for the Legislature to interfere." If Mr.
+    Fish has rights under these grants, and by virtue of his settlement,
+    I know you will agree with me, that the Legislature can do nothing
+    to divest him of them. And if he had no such right, we were not
+    disposed to create them. I am entirely satisfied with the course
+    which the Committee took in relation to the parsonage; and the
+    circumstance that questions are now agitated in relation to it, show
+    that in one particular, at least, the Committee acted judiciously.
+    We left the parsonage precisely as we found it; leaving to another
+    branch of the government the appropriate responsibility of settling
+    all questions growing out of the grant of 1783, the confirmation of
+    1809, and the settlement of Mr. Fish. Could we by legislation settle
+    those questions, it might have been our  duty to do so, for the
+    sake of the harmony of the District. But it seems to me that any
+    such attempt would have had a tendency to create new difficulties,
+    rather than to diminish old ones.
+
+    A word in regard to my advice to Mr. Fish. I received a letter
+    from Mr. Fish some time since, in which he expressed some
+    apprehensions that an attempt would be made by the natives
+    to take possession of the Meeting-house, parsonage, &c. His
+    letter enclosed rather a singular communication, signed by the
+    Selectmen of Marshpee. I did not keep a copy of my answer
+    to Mr. Fish, but recollect distinctly the substance of it. I
+    alluded to the authority of the Legislature in the premises
+    as I have above. That they intended to leave the parsonage
+    as they found it, without undertaking to limit or modify
+    the effect of former acts. That the appropriate mode for the
+    natives to ascertain their rights to, or to obtain possession
+    of, the parsonage, &c. was by resorting to the courts.
+    That any forcible attempt by single individuals to obtain
+    possession of the Meeting-house, &c. would be a trespass; that
+    if numbers combined for that purpose, it would constitute
+    a riot. I take it I hazarded no professional reputation by
+    giving these opinions. For you very well know, that they would
+    be correct, Mr. Fish being in peaceable possession of the
+    premises, whether he were so by seisin or disseisin, by right
+    or by wrong. I hope, my dear sir, that our experiment in
+    regard to the affairs of our Marshpee friends may yet succeed.
+    If not, I think we may console ourselves as one of old did:
+    that if Rome must fall, we are innocent.
+
+    I am, very respectfully yours,
+        J. BARTON.
+
+The Legislature having thus left the question, to be decided by the
+Courts, if Mr. Fish insists on holding the parsonage, the inquiry must
+arise on legal principles, how was Mr. Fish settled in Marshpee, and
+by what right does he, as a sole corporation, or otherwise, hold the
+parsonage, as an allotment set apart forever for the support of a
+Congregational minister, in Marshpee? Harvard College in which he was
+then, or had been a tutor, sent him there as a missionary under
+the Williams fund. The Legislature took no part whatever in the
+settlement. The Overseers permitted him to take possession of the
+Meeting-house and the parsonage land, so called, and it is understood
+that they consented he should cut the annual growth of the wood off
+the parsonage. But even admitting that the Overseers could so dispose
+of the property of the Indians, for promoting a particular religious
+worship in Marshpee, (which is explicitly denied,) could they convey
+any thing to Mr. Fish beyond the period of their own existence? By the
+law establishing the Overseers, they had no power beyond leasing land
+for two years. How then, could the Overseers grant for life to Mr.
+Fish the improvement of the parsonage and Meeting-house? They might
+have given it to him from year to year, while they were in office, but
+on the abolition of the Overseers, in 1834, and a restoration of
+civil rights to the owners of the fee of the parsonage, the Marshpee
+Proprietors, how could Mr. Fish continue to hold the parsonage against
+their will? Was it by virtue of his settlement, so that he now claims
+the land as a sole corporation? But a minister cannot be settled or
+constituted a sole corporation, without a parish to settle him. "A
+minister of a parish seized of lands in its _right_ as parsonage
+lands, is _a sole corporation_, and on a vacancy, the parish is
+entitled to the profits;" 2d Dane's Abrg. 342. 7 Mass. Rep. 445. Mr.
+Fish is not seized of a parsonage in right of any parish or religious
+society, and therefore he cannot be a sole corporation. In point of
+fact, there was no legal parish in Marshpee, when Mr. Fish went there
+and took possession, under the Overseers, and not in right of
+the parish. A parish or precinct as the law then was, must be a
+corporation entitled and required to support public worship, and
+having all the powers and privileges necessary for that purpose. (See
+8th Mass. Rep. 91.) And where there has been no parish as such created
+in a town, the town itself will be considered a parish. (15 Mass. Rep.
+296.) Marshpee was not a town. The Marshpee Indians were minors in
+law, and there was no legal parish to settle a minister, or to hold a
+parsonage, and no one to make contracts as such. Harvard College had
+no power to settle a minister in Marshpee, nor had the Overseers any
+such power. Their supervision was temporal and not ecclesiastical.
+Besides, the actual Congregational society which subsisted in
+Marshpee, when Mr. Fish was sent there, in 1811, was composed of a
+majority of _whites_. Mr. Fish himself testified before the Committee,
+that the church at Marshpee, in 1811, consisted of sixteen whites
+and but five colored persons. The church members were a majority of
+whites, so that even had the church voted to settle Mr. Fish, it would
+have been a vote of white men having no interest in the premises, and
+not of Indian Proprietors. Mr. Fish admits that the church passed no
+vote. It was asserted by one of the old Overseers, Mr. Hawley, that
+five Indians called on him, after Mr. Fish had preached there, and
+personally expressed a wish to have him stay with them, but there was
+no official act, and no vote of the church or society, and no assent
+of the Proprietors of Marshpee in any form.
+
+Who were the Congregational church, and who the society in Marshpee,
+in 1811? A regularly gathered Congregational church, is composed
+of several persons associated by covenant or agreement of church
+fellowship, (9th Mass. 277.) and a church cannot exist for any legal
+purposes, except as connected with a congregation or some regularly
+constituted religious society. (16 Mass. 488.) Where there are no
+special powers given to the church by the Legislature, the church
+cannot contract with or settle a minister, but that power resides
+wholly in the parish, of which the members of the church, who _are
+inhabitants_, are a part. (9 Mass. Reports, 277. Burr vs. First Parish
+in Sandwich.)
+
+We have seen that there was no legal parish in Marshpee, in 1811, and
+therefore the Congregational church, if there were such then, had no
+power to settle Mr. Fish, even had they done so, which they did not.
+A parish may elect a public teacher, and contract to support him,
+without the consent of the church, if he be ordained by a council
+invited by the parish; but in Mr. Fish's case, he was ordained by the
+request and under the direction of the President and Corporation of
+Harvard College, the Trustees of the Williams fund, with the assent of
+the Overseers. There is then no ground whatever for assuming that
+Mr. Fish ever was settled legally over a Congregational parish in
+Marshpee, so as to establish him a sole corporation, to hold the lands
+belonging to the Proprietors of Marshpee, under the dedication deed of
+1783. If that deed and the subsequent act of 1809, conveyed any thing,
+the conveyance was for the use of the inhabitants as a parsonage,
+there being no parish in Marshpee, distinct from the Plantation. In
+such case, it would be held to be a grant to Marshpee, (that is
+the town,) for the use of its ministers, (14 Mass. 333.) The grant,
+therefore, could it be regarded as such, was to the whole Proprietors
+of Marshpee, and they must first settle a minister before he could
+claim the use of the grant as a minister of the parish.
+
+Neither has Mr. Fish, even if he had been legally settled, any just
+right, under the deed of 1783, to take the whole parsonage, because
+that deed states the principal object of the sequestration of the land
+to be, for the important purpose of promoting the gospel in Marshpee,
+and merely referred to the only worship then known there, which was
+Congregational. When Mr. Fish went there in 1811, there was a Baptist
+church, and they objected to his taking possession of the parsonage.
+
+There is a case in point in the 13th Mass. Rep. 190, which decides,
+that where the original Proprietors of a township appropriated a lot
+of land for a parsonage, and at the same time voted that they would
+endeavor that a Congregational minister should be settled in the
+township, such vote ought not to be construed to limit the benefit of
+the parsonage to a minister of the Congregational order, and that if
+the inhabitants of the parish should become Christians of any other
+Protestant sect, they would be entitled to the land, and that a
+Congregational society, incorporated as a full parish would have no
+right to the parsonage. Neither can a parish convey a parsonage to a
+minister to be held by him in his personal right. By this decision,
+the Baptist or Methodist church in Marshpee have as good claim to the
+parsonage as Mr. Fish has.
+
+The dedication, or whatever it may be called, of Marshpee parsonage,
+was made by Lot Nye, &c. in 1783, and confirmed in 1809, by the
+General Court. Mr. Fish did not become a minister in Marshpee, until
+1811. Whoever settled him there, for the Indians did not, made no
+stipulation as to the income of the parsonage, which could bind the
+Plantation. The society only, could make such stipulation, and they
+did not act in the premises. The Overseers could make no stipulation
+either to bind the parish or the proprietors, because their power only
+extended to giving a lease of land not exceeding two years. In the
+case of Thompson vs. the Catholic-Congregational Society in
+Rehoboth, (5th Pickering, 469,) it was settled that where there was
+a ministerial fund in a parish, and the society settled a minister
+stipulating to pay him a salary, without taking any notice of the
+income of the fund, he must be considered as accepting the salary as
+a full compensation, and the society are entitled to the fund. Harvard
+College settled Mr. Fish in Marshpee, and agreed to pay him about five
+hundred dollars, or two-thirds the proceeds of the Williams fund. The
+society to which Mr. Fish was sent to preach, took no notice of the
+parsonage, nor did the Proprietors of Marshpee, hence Mr. Fish cannot
+hold the proceeds of the parsonage by right of succession, or by
+stipulation, either from the society or the Marshpee Proprietors, and
+therefore the Proprietors of Marshpee are entitled to the parsonage.
+
+There is one other consideration that might legally deprive Mr.
+Fish of his rights in the parsonage, even if he acquired any by the
+transaction in 1811, which is denied. When he went to Marshpee, and
+first preached there, he was of the Unitarian faith, and so continued
+some time. Subsequently, (and most undoubtedly from high conscientious
+motives,) he became Orthodox in his creed, and has remained so ever
+since. [This fact has been named by the President of Harvard College,
+as one reason why the Williams fund has continued to be diverted from
+its proper use; the delicacy Harvard College felt at dismissing Mr.
+Fish, lest it should be ascribed to persecution, for his change of
+sentiments from Unitarian to Orthodox.]
+
+But if Mr. Fish claims to hold the parsonage by the "_laws_," he must
+be governed by the decision of the Court in the celebrated case
+of Burr, vs. the first parish in Sandwich. Mr. Burr was settled an
+Unitarian, and became Orthodox, and this the Supreme Court decided was
+just cause for the parish to dismiss him. Chief Justice Parsons,
+said in that case, that "according to the almost immemorial usage
+of Congregational churches, before the parish settle a minister, he
+preaches with them as a candidate for settlement, with the intent of
+declaring his religious faith, and if he is afterwards settled, it is
+understood that the greater part of the parish and church agree in his
+religious sentiments and opinions. If afterwards the minister adopts
+a new system of divinity, the parish retaining their former religious
+belief, so that the minister would not have been settled on his
+present system, in our opinion the parish have good cause to
+complain." On this ground the Court decided that Mr. Burr had
+forfeited his settlement.
+
+The principle is the same applied to the relation Mr. Fish holds
+to the Marshpee Indians. He was placed over them by others, and the
+Indians are now compelled either to lose all the benefits of their own
+parsonage, or to hear a man in whose doctrines they do not believe,
+and whom they cannot consent to take as their spiritual teacher.
+
+Upon a full investigation into this branch of the inquiry, there seems
+to be no legal or equitable ground, on which Mr. Fish can claim to
+hold the parsonage and Meeting-house against the Proprietors, and he
+must therefore, be regarded as a trespasser, liable to be ejected,
+and the men he employs to cut and cart wood from the plantation, are
+liable to indictment under the new law of 1834.
+
+The invalidity of title, is however, a still stronger ground against
+Mr. Fish's right of adverse occupancy, which he now holds, and a case
+in principle precisely like this, has been decided by the Supreme
+Court of Massachusetts. It occurred in 1798, before there was a
+reporter of the Supreme Court. Hon John Davis, United States District
+Judge, was counsel for the Indians, and Samuel Dexter, for the
+defendant. It was tried on a demurrer, before the Supreme Court in
+Barnstable, upon an action of ejectment, Proprietors of Marshpee, vs.
+Ebenezer Crocker. Judge Paine delivered the opinion of the Court in
+favor of the Indians. Judge Benjamin Whitman of Boston, was also, we
+believe, concerned in the cause. The substance of the case, as stated
+by Judge Davis and Judge Whitman, was thus:
+
+Ebenezer Crocker of Cotuet, had furnished an Indian woman, (known
+as the Indian Queen,) with supplies for many years. She occupied and
+claimed in severalty as her own, a valuable tract of about 200 acres
+of land on the Marshpee Plantation, called the neck, of which tract
+she gave a deed in fee, some time before her death, to said Crocker,
+in consideration of the support he had given her. The consideration
+at that time, was not very greatly disproportioned to the value of
+the land. After her death, she having left no heirs, the grantee,
+Mr. Crocker, who was an influential member of the General Court,
+petitioned that body and procured a full confirmation of the deed
+to him, in the same manner the General Court in 1809, confirmed the
+parsonage deed of 1783, except that there was not so long a time
+intervening between Mr. Crocker's receiving the deed from the Indian
+Queen in her life time, and its full confirmation by the General Court
+after her death.
+
+This took place previous to the law of 1788, putting the Indians under
+guardianship, when either the law of 1693 or the charter of 1763, was
+in force.[3] When the white Overseers came in, in 1798, they found
+Crocker in possession of this land, under the above title, and they
+employed Judge John Davis, as counsel, to vacate the deed and the
+act of the General Court. Judge Davis brought an action of ejectment
+against Crocker, (not in the name of the Overseers,) but in the name
+of the Proprietors of Marshpee, whose property he claimed, was as
+tenants in common, on the ground that the old Queen, though she
+occupied it in severalty during her life, could not, as one tenant in
+common, convey the interest of her co-tenants in common. It was tried
+in the Supreme Court, and the deed was set aside, for insufficiency
+of title. This insufficiency of title vitiated the conveyance on the
+ground that the old Queen had no power to convey when she made the
+deed, and that the General Court had no power to make good, by a
+resolve, a title originally invalid.
+
+Crocker also set up the claim of quiet possession, for thirty years,
+which it was supposed would secure the title; but the Court decided
+that this gave no title, and the land was restored to the Indians, and
+now forms a portion of their common land. Mr. Crocker of course, lost
+all he had furnished to the old Queen, and in this respect, his
+case was harder than it would be, were Mr. Fish dispossessed of the
+parsonage, after enjoying it for twenty-four years, without any title
+thereto. It would he difficult for any lawyer to show why Crocker's
+deed confirmed by the General Court, should have been set aside in
+1798, and Lot Nye's deed, of the parsonage, be held valid in 1834.
+
+On referring to my minutes of the trial of the petition of the
+Indians, for their liberty, in 1834, before a Committee of the
+Legislature, I find the following facts stated by Rev. Phineas Fish,
+who was a witness before that Committee. They will throw some light on
+the subject of inquiry.
+
+    _Rev. Phineas Fish_, sworn. Testifies that he was ordained
+    at Marshpee in 1811. Was invited there by the Overseers of
+    Marshpee. There were five persons of color belonging to the
+    church, and sixteen whites. At the ordination, a white
+    man rose up and protested against it. He said all were not
+    satisfied. It was not a vote of the Indians by which he was
+    settled, and no vote of the church was taken. Five Indians had
+    expressed a wish that he would remain. He received two-thirds
+    of the Williams fund, from Harvard College. It had varied from
+    390 to 433 dollars. Received about 150 dollars per year from
+    the wood-land of the parsonage. Has built a dwelling house,
+    and made improvements on an acre and a half of land of the
+    plantation, of which he holds a deed from the Overseers,
+    confirmed by a resolve of the General Court.
+
+    _Mr. Gideon Hawley_ testified that the Meeting-house was
+    built by the funds of the English Society for propagating the
+    gospel, before 1757, when his father was sent as a missionary
+    to the Indians, by the London Missionary Society. In 1817,
+    five hundred dollars were granted on petition of the Indians,
+    as a donation by the Legislature, to repair the church for the
+    Marshpee Indians. After Mr. Fish had preached in Marshpee, 5
+    Indians came to Mr. Hawley and expressed a wish he would stay
+    with them. There was no vote and no record. Before his father
+    came to Marshpee, in 1757, Bryant, an Indian preacher, used to
+    preach to the Indians, in the Meeting-house. The missionary,
+    (Mr. Hawley,) received one hundred dollars annually, from
+    Harvard College, of the Williams fund. In 1778, the Indians
+    gave the missionary, Mr. Hawley, two hundred acres of land,
+    which witness inherits. [The validity of this title is not
+    disputed.]
+
+    _Hon. Charles Marston_, (one of the Overseers,) testified that
+    Mr. Fish had a Sunday School, principally composed of white
+    children. He did not recollect ever seeing more than eight
+    colored children in it. There were more whites. The Overseers
+    paid the school mistress seven and sixpence a week, and she
+    board herself. To an Indian, who kept school in winter, were
+    paid twelve and nineteen dollars a month. The whites who
+    attend Mr. Fish's meeting, never pay any thing to him or the
+    church. When the tax was required in parishes, many whites got
+    rid of their tax by attending Mr. Fish's meeting. There was
+    always twice as many whites as blacks in the society. Last
+    summer, (1833,) he counted eighteen colored persons, and
+    twice that number of whites. Mr. Dwight, one of the Committee,
+    asked, if so many whites being there, did not tend to
+    discourage the Indians from being interested in the meeting?
+    Mr. Marston thought it might.
+
+    _Deacon Isaac Coombs_, who had been twenty years a deacon in
+    Mr. Fish's church, changed his sentiments, and was baptized
+    by immersion. He testified before the Committee of the
+    Legislature, that when he told Mr. Fish he had been baptized
+    again, Mr. Fish said, "that was rank poison, and that he
+    should expect some dreadful judgment would befal me." Deacon
+    Coombs, who is sixty years old, testified also, that the
+    Meeting-house was built for the use of the Indians. No one
+    could remember when it was built. There was but one colored
+    male church member, when Mr. Fish came to Marshpee, in
+    1811. He further stated to the Committee that his family got
+    discouraged going to Mr. Fish's meeting, from the preference
+    he gave to the whites. He did not come to see his family, and
+    lost his influence by taking part with the guardians against
+    the Indians. There was a difficulty in Mr. Fish's meeting
+    about the singing. The colored people were put back, and the
+    whites took the lead. Mr. Fish has 50 or 60 acres of pasture,
+    East of the river, besides the parsonage.
+
+       *       *       *       *       *
+
+I have thus given my views of the law and the facts, touching the
+parsonage in Marshpee, in order that the Indians and their Selectmen
+who have desired legal advice on the subject, may fully understand
+their rights. I am confident they will never attempt to obtain those
+rights, except in a legal and peaceable way. The Courts at Barnstable,
+it is said, are closed to them, in the way pointed out by the law, the
+District Attorney refusing to prosecute the men who cut wood on the
+parsonage. I invite the attention of that acute and learned officer,
+Charles H. Warren, Esq. to the points made in this opinion, well
+assured that if it can be refuted by any professional gentleman, it
+can be done by him. If he cannot do so, I hope he will permit the
+title of the parsonage to be brought before the Court, under an
+indictment for cutting wood contrary to the act of 1834. I regret the
+necessity of presenting arguments to dispossess Mr. Fish of what he
+doubtless supposes be lawfully holds; but I am looking for the rights
+and the property of the Indians, and am not at liberty to consult
+personal feelings, that would certainly induce me to favor the Rev.
+Mr. Fish, as soon as any man in his situation. I think it as important
+to him as to the Indians, that the title to the parsonage should be
+settled, for there will be feuds, and divisions, and strifes, as long
+as that property remains as it now is, wrongfully taken and withheld
+from the Indians, to support an "ESTABLISHED CHURCH," in Marshpee.
+With this view I have proposed to Mr. Fish, in behalf of the Indians,
+to make up an amicable suit, before the Supreme Court, and obtain
+their opinion, and the parties be governed by it. The Indians are
+ready to submit it to such an arbitration. Mr. Fish declines. The
+only other remedy is an injunction in chancery, to stop the cutting of
+wood. The Indians are not well able to bear the expense, at present,
+or this course would be taken to recover their property. Until some
+legal decision is had, Mr. Fish cannot but see, from an examination of
+the legal grounds set forth herein, that there are strong reasons
+for regarding him as holding in his possession that which rightfully
+belongs to another. The public will not be satisfied, until the rights
+of the Indians are fully secured. I have always been desirous that Mr.
+Fish should not be disturbed in his house lot, and for my own part,
+it would give me pleasure, should the Indians, immediately, on getting
+legal possession of their own parsonage, unanimously invite him
+to settle over them. But so long as he withholds from them their
+property, it cannot be expected that they should receive him as their
+spiritual teacher. It is in direct violation of the Constitution and
+of religious freedom.
+
+      BENJAMIN F. HALLETT,
+      _Counsel for the Marshpee Indians.
+      Boston, May, 20, 1835_.
+
+The Selectmen of Marshpee District, are at liberty to make such use of
+the foregoing, as they think proper.
+
+[Footnote 1: He is not an Indian, nor an original proprietor.]
+
+[Footnote 2: This was Mr. Alvin Crocker, who had formerly enjoyed more
+benefits from the Plantation, than he does under the new law.]
+
+[Footnote 3: In June, 1763, the Governor and Council appointed
+Thomas Smith, Isaac Hinckley and Gideon Hawley, "pursuant to an act
+empowering them to appoint certain persons to have the inspection of
+the Plantation of Marshpee."]
+
+
+
+
+CONCLUDING OBSERVATIONS.
+
+
+If, in the course of this little volume, I have been obliged to use
+language that seems harsh, I beg my readers to remember that it was in
+defence of the character of the people under my spiritual charge and
+of my own. The Marshpees have been reviled and misrepresented in the
+public prints, as much more indolent, ignorant, and degraded than
+they really are, and it was necessary, for their future welfare, as
+it depends in no small degree upon the good opinion of their white
+brethren, to state the real truth of the case, which could not be done
+in gentle terms. The causes which have retarded our improvement could
+not be explained without naming the individuals who have been the
+willing instruments to enforce them.
+
+For troubling my readers with so much of my own affairs, I have this
+excuse. I have been assailed by the vilest calumnies; represented as
+an exciter of sedition, a hypocrite and a gambler. These slanders,
+though disproved, still continue to circulate. Though an Indian, I
+am at least a man, with all the feelings proper to humanity, and
+my reputation is dear to me; and I conceive it to be my duty to the
+children I shall leave behind me, as well as to myself, not to leave
+them the inheritance of a blasted name. In so doing, I humbly presume
+to think, I have not exceeded the moderation, proper for a Christian
+man to use.
+
+    WILLIAM APES.
+
+
+
+
+
+
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Indian Nullification of the
+Unconstitutional Laws of Massachusetts, by William Apes
+
+*** END OF THIS PROJECT GUTENBERG EBOOK INDIAN NULLIFICATION ***
+
+***** This file should be named 12486.txt or 12486.zip *****
+This and all associated files of various formats will be found in:
+        https://www.gutenberg.org/1/2/4/8/12486/
+
+Produced by David Starner, Leah Moser and the Online Distributed
+Proofreading Team.
+
+
+Updated editions will replace the previous one--the old editions
+will be renamed.
+
+Creating the works from public domain print editions means that no
+one owns a United States copyright in these works, so the Foundation
+(and you!) can copy and distribute it in the United States without
+permission and without paying copyright royalties.  Special rules,
+set forth in the General Terms of Use part of this license, apply to
+copying and distributing Project Gutenberg-tm electronic works to
+protect the PROJECT GUTENBERG-tm concept and trademark.  Project
+Gutenberg is a registered trademark, and may not be used if you
+charge for the eBooks, unless you receive specific permission.  If you
+do not charge anything for copies of this eBook, complying with the
+rules is very easy.  You may use this eBook for nearly any purpose
+such as creation of derivative works, reports, performances and
+research.  They may be modified and printed and given away--you may do
+practically ANYTHING with public domain eBooks.  Redistribution is
+subject to the trademark license, especially commercial
+redistribution.
+
+
+
+*** START: FULL LICENSE ***
+
+THE FULL PROJECT GUTENBERG LICENSE
+PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK
+
+To protect the Project Gutenberg-tm mission of promoting the free
+distribution of electronic works, by using or distributing this work
+(or any other work associated in any way with the phrase "Project
+Gutenberg"), you agree to comply with all the terms of the Full Project
+Gutenberg-tm License (available with this file or online at
+https://gutenberg.org/license).
+
+
+Section 1.  General Terms of Use and Redistributing Project Gutenberg-tm
+electronic works
+
+1.A.  By reading or using any part of this Project Gutenberg-tm
+electronic work, you indicate that you have read, understand, agree to
+and accept all the terms of this license and intellectual property
+(trademark/copyright) agreement.  If you do not agree to abide by all
+the terms of this agreement, you must cease using and return or destroy
+all copies of Project Gutenberg-tm electronic works in your possession.
+If you paid a fee for obtaining a copy of or access to a Project
+Gutenberg-tm electronic work and you do not agree to be bound by the
+terms of this agreement, you may obtain a refund from the person or
+entity to whom you paid the fee as set forth in paragraph 1.E.8.
+
+1.B.  "Project Gutenberg" is a registered trademark.  It may only be
+used on or associated in any way with an electronic work by people who
+agree to be bound by the terms of this agreement.  There are a few
+things that you can do with most Project Gutenberg-tm electronic works
+even without complying with the full terms of this agreement.  See
+paragraph 1.C below.  There are a lot of things you can do with Project
+Gutenberg-tm electronic works if you follow the terms of this agreement
+and help preserve free future access to Project Gutenberg-tm electronic
+works.  See paragraph 1.E below.
+
+1.C.  The Project Gutenberg Literary Archive Foundation ("the Foundation"
+or PGLAF), owns a compilation copyright in the collection of Project
+Gutenberg-tm electronic works.  Nearly all the individual works in the
+collection are in the public domain in the United States.  If an
+individual work is in the public domain in the United States and you are
+located in the United States, we do not claim a right to prevent you from
+copying, distributing, performing, displaying or creating derivative
+works based on the work as long as all references to Project Gutenberg
+are removed.  Of course, we hope that you will support the Project
+Gutenberg-tm mission of promoting free access to electronic works by
+freely sharing Project Gutenberg-tm works in compliance with the terms of
+this agreement for keeping the Project Gutenberg-tm name associated with
+the work.  You can easily comply with the terms of this agreement by
+keeping this work in the same format with its attached full Project
+Gutenberg-tm License when you share it without charge with others.
+
+1.D.  The copyright laws of the place where you are located also govern
+what you can do with this work.  Copyright laws in most countries are in
+a constant state of change.  If you are outside the United States, check
+the laws of your country in addition to the terms of this agreement
+before downloading, copying, displaying, performing, distributing or
+creating derivative works based on this work or any other Project
+Gutenberg-tm work.  The Foundation makes no representations concerning
+the copyright status of any work in any country outside the United
+States.
+
+1.E.  Unless you have removed all references to Project Gutenberg:
+
+1.E.1.  The following sentence, with active links to, or other immediate
+access to, the full Project Gutenberg-tm License must appear prominently
+whenever any copy of a Project Gutenberg-tm work (any work on which the
+phrase "Project Gutenberg" appears, or with which the phrase "Project
+Gutenberg" is associated) is accessed, displayed, performed, viewed,
+copied or distributed:
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+1.E.2.  If an individual Project Gutenberg-tm electronic work is derived
+from the public domain (does not contain a notice indicating that it is
+posted with permission of the copyright holder), the work can be copied
+and distributed to anyone in the United States without paying any fees
+or charges.  If you are redistributing or providing access to a work
+with the phrase "Project Gutenberg" associated with or appearing on the
+work, you must comply either with the requirements of paragraphs 1.E.1
+through 1.E.7 or obtain permission for the use of the work and the
+Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or
+1.E.9.
+
+1.E.3.  If an individual Project Gutenberg-tm electronic work is posted
+with the permission of the copyright holder, your use and distribution
+must comply with both paragraphs 1.E.1 through 1.E.7 and any additional
+terms imposed by the copyright holder.  Additional terms will be linked
+to the Project Gutenberg-tm License for all works posted with the
+permission of the copyright holder found at the beginning of this work.
+
+1.E.4.  Do not unlink or detach or remove the full Project Gutenberg-tm
+License terms from this work, or any files containing a part of this
+work or any other work associated with Project Gutenberg-tm.
+
+1.E.5.  Do not copy, display, perform, distribute or redistribute this
+electronic work, or any part of this electronic work, without
+prominently displaying the sentence set forth in paragraph 1.E.1 with
+active links or immediate access to the full terms of the Project
+Gutenberg-tm License.
+
+1.E.6.  You may convert to and distribute this work in any binary,
+compressed, marked up, nonproprietary or proprietary form, including any
+word processing or hypertext form.  However, if you provide access to or
+distribute copies of a Project Gutenberg-tm work in a format other than
+"Plain Vanilla ASCII" or other format used in the official version
+posted on the official Project Gutenberg-tm web site (www.gutenberg.org),
+you must, at no additional cost, fee or expense to the user, provide a
+copy, a means of exporting a copy, or a means of obtaining a copy upon
+request, of the work in its original "Plain Vanilla ASCII" or other
+form.  Any alternate format must include the full Project Gutenberg-tm
+License as specified in paragraph 1.E.1.
+
+1.E.7.  Do not charge a fee for access to, viewing, displaying,
+performing, copying or distributing any Project Gutenberg-tm works
+unless you comply with paragraph 1.E.8 or 1.E.9.
+
+1.E.8.  You may charge a reasonable fee for copies of or providing
+access to or distributing Project Gutenberg-tm electronic works provided
+that
+
+- You pay a royalty fee of 20% of the gross profits you derive from
+     the use of Project Gutenberg-tm works calculated using the method
+     you already use to calculate your applicable taxes.  The fee is
+     owed to the owner of the Project Gutenberg-tm trademark, but he
+     has agreed to donate royalties under this paragraph to the
+     Project Gutenberg Literary Archive Foundation.  Royalty payments
+     must be paid within 60 days following each date on which you
+     prepare (or are legally required to prepare) your periodic tax
+     returns.  Royalty payments should be clearly marked as such and
+     sent to the Project Gutenberg Literary Archive Foundation at the
+     address specified in Section 4, "Information about donations to
+     the Project Gutenberg Literary Archive Foundation."
+
+- You provide a full refund of any money paid by a user who notifies
+     you in writing (or by e-mail) within 30 days of receipt that s/he
+     does not agree to the terms of the full Project Gutenberg-tm
+     License.  You must require such a user to return or
+     destroy all copies of the works possessed in a physical medium
+     and discontinue all use of and all access to other copies of
+     Project Gutenberg-tm works.
+
+- You provide, in accordance with paragraph 1.F.3, a full refund of any
+     money paid for a work or a replacement copy, if a defect in the
+     electronic work is discovered and reported to you within 90 days
+     of receipt of the work.
+
+- You comply with all other terms of this agreement for free
+     distribution of Project Gutenberg-tm works.
+
+1.E.9.  If you wish to charge a fee or distribute a Project Gutenberg-tm
+electronic work or group of works on different terms than are set
+forth in this agreement, you must obtain permission in writing from
+both the Project Gutenberg Literary Archive Foundation and Michael
+Hart, the owner of the Project Gutenberg-tm trademark.  Contact the
+Foundation as set forth in Section 3 below.
+
+1.F.
+
+1.F.1.  Project Gutenberg volunteers and employees expend considerable
+effort to identify, do copyright research on, transcribe and proofread
+public domain works in creating the Project Gutenberg-tm
+collection.  Despite these efforts, Project Gutenberg-tm electronic
+works, and the medium on which they may be stored, may contain
+"Defects," such as, but not limited to, incomplete, inaccurate or
+corrupt data, transcription errors, a copyright or other intellectual
+property infringement, a defective or damaged disk or other medium, a
+computer virus, or computer codes that damage or cannot be read by
+your equipment.
+
+1.F.2.  LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right
+of Replacement or Refund" described in paragraph 1.F.3, the Project
+Gutenberg Literary Archive Foundation, the owner of the Project
+Gutenberg-tm trademark, and any other party distributing a Project
+Gutenberg-tm electronic work under this agreement, disclaim all
+liability to you for damages, costs and expenses, including legal
+fees.  YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT
+LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
+PROVIDED IN PARAGRAPH F3.  YOU AGREE THAT THE FOUNDATION, THE
+TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE
+LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
+INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH
+DAMAGE.
+
+1.F.3.  LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a
+defect in this electronic work within 90 days of receiving it, you can
+receive a refund of the money (if any) you paid for it by sending a
+written explanation to the person you received the work from.  If you
+received the work on a physical medium, you must return the medium with
+your written explanation.  The person or entity that provided you with
+the defective work may elect to provide a replacement copy in lieu of a
+refund.  If you received the work electronically, the person or entity
+providing it to you may choose to give you a second opportunity to
+receive the work electronically in lieu of a refund.  If the second copy
+is also defective, you may demand a refund in writing without further
+opportunities to fix the problem.
+
+1.F.4.  Except for the limited right of replacement or refund set forth
+in paragraph 1.F.3, this work is provided to you 'AS-IS', WITH NO OTHER
+WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
+WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE.
+
+1.F.5.  Some states do not allow disclaimers of certain implied
+warranties or the exclusion or limitation of certain types of damages.
+If any disclaimer or limitation set forth in this agreement violates the
+law of the state applicable to this agreement, the agreement shall be
+interpreted to make the maximum disclaimer or limitation permitted by
+the applicable state law.  The invalidity or unenforceability of any
+provision of this agreement shall not void the remaining provisions.
+
+1.F.6.  INDEMNITY - You agree to indemnify and hold the Foundation, the
+trademark owner, any agent or employee of the Foundation, anyone
+providing copies of Project Gutenberg-tm electronic works in accordance
+with this agreement, and any volunteers associated with the production,
+promotion and distribution of Project Gutenberg-tm electronic works,
+harmless from all liability, costs and expenses, including legal fees,
+that arise directly or indirectly from any of the following which you do
+or cause to occur: (a) distribution of this or any Project Gutenberg-tm
+work, (b) alteration, modification, or additions or deletions to any
+Project Gutenberg-tm work, and (c) any Defect you cause.
+
+
+Section  2.  Information about the Mission of Project Gutenberg-tm
+
+Project Gutenberg-tm is synonymous with the free distribution of
+electronic works in formats readable by the widest variety of computers
+including obsolete, old, middle-aged and new computers.  It exists
+because of the efforts of hundreds of volunteers and donations from
+people in all walks of life.
+
+Volunteers and financial support to provide volunteers with the
+assistance they need, is critical to reaching Project Gutenberg-tm's
+goals and ensuring that the Project Gutenberg-tm collection will
+remain freely available for generations to come.  In 2001, the Project
+Gutenberg Literary Archive Foundation was created to provide a secure
+and permanent future for Project Gutenberg-tm and future generations.
+To learn more about the Project Gutenberg Literary Archive Foundation
+and how your efforts and donations can help, see Sections 3 and 4
+and the Foundation web page at https://www.pglaf.org.
+
+
+Section 3.  Information about the Project Gutenberg Literary Archive
+Foundation
+
+The Project Gutenberg Literary Archive Foundation is a non profit
+501(c)(3) educational corporation organized under the laws of the
+state of Mississippi and granted tax exempt status by the Internal
+Revenue Service.  The Foundation's EIN or federal tax identification
+number is 64-6221541.  Its 501(c)(3) letter is posted at
+https://pglaf.org/fundraising.  Contributions to the Project Gutenberg
+Literary Archive Foundation are tax deductible to the full extent
+permitted by U.S. federal laws and your state's laws.
+
+The Foundation's principal office is located at 4557 Melan Dr. S.
+Fairbanks, AK, 99712., but its volunteers and employees are scattered
+throughout numerous locations.  Its business office is located at
+809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email
+business@pglaf.org.  Email contact links and up to date contact
+information can be found at the Foundation's web site and official
+page at https://pglaf.org
+
+For additional contact information:
+     Dr. Gregory B. Newby
+     Chief Executive and Director
+     gbnewby@pglaf.org
+
+Section 4.  Information about Donations to the Project Gutenberg
+Literary Archive Foundation
+
+Project Gutenberg-tm depends upon and cannot survive without wide
+spread public support and donations to carry out its mission of
+increasing the number of public domain and licensed works that can be
+freely distributed in machine readable form accessible by the widest
+array of equipment including outdated equipment.  Many small donations
+($1 to $5,000) are particularly important to maintaining tax exempt
+status with the IRS.
+
+The Foundation is committed to complying with the laws regulating
+charities and charitable donations in all 50 states of the United
+States.  Compliance requirements are not uniform and it takes a
+considerable effort, much paperwork and many fees to meet and keep up
+with these requirements.  We do not solicit donations in locations
+where we have not received written confirmation of compliance.  To
+SEND DONATIONS or determine the status of compliance for any
+particular state visit https://pglaf.org
+
+While we cannot and do not solicit contributions from states where we
+have not met the solicitation requirements, we know of no prohibition
+against accepting unsolicited donations from donors in such states who
+approach us with offers to donate.
+
+International donations are gratefully accepted, but we cannot make
+any statements concerning tax treatment of donations received from
+outside the United States.  U.S. laws alone swamp our small staff.
+
+Please check the Project Gutenberg Web pages for current donation
+methods and addresses.  Donations are accepted in a number of other
+ways including including checks, online payments and credit card
+donations.  To donate, please visit: https://pglaf.org/donate
+
+
+Section 5.  General Information About Project Gutenberg-tm electronic
+works.
+
+Professor Michael S. Hart was the originator of the Project Gutenberg-tm
+concept of a library of electronic works that could be freely shared
+with anyone.  For thirty years, he produced and distributed Project
+Gutenberg-tm eBooks with only a loose network of volunteer support.
+
+Project Gutenberg-tm eBooks are often created from several printed
+editions, all of which are confirmed as Public Domain in the U.S.
+unless a copyright notice is included.  Thus, we do not necessarily
+keep eBooks in compliance with any particular paper edition.
+
+Each eBook is in a subdirectory of the same number as the eBook's
+eBook number, often in several formats including plain vanilla ASCII,
+compressed (zipped), HTML and others.
+
+Corrected EDITIONS of our eBooks replace the old file and take over
+the old filename and etext number.  The replaced older file is renamed.
+VERSIONS based on separate sources are treated as new eBooks receiving
+new filenames and etext numbers.
+
+Most people start at our Web site which has the main PG search facility:
+
+     https://www.gutenberg.org
+
+This Web site includes information about Project Gutenberg-tm,
+including how to make donations to the Project Gutenberg Literary
+Archive Foundation, how to help produce our new eBooks, and how to
+subscribe to our email newsletter to hear about new eBooks.
+
+EBooks posted prior to November 2003, with eBook numbers BELOW #10000,
+are filed in directories based on their release date.  If you want to
+download any of these eBooks directly, rather than using the regular
+search system you may utilize the following addresses and just
+download by the etext year. For example:
+
+     https://www.gutenberg.org/etext06
+
+    (Or /etext 05, 04, 03, 02, 01, 00, 99,
+     98, 97, 96, 95, 94, 93, 92, 92, 91 or 90)
+
+EBooks posted since November 2003, with etext numbers OVER #10000, are
+filed in a different way.  The year of a release date is no longer part
+of the directory path.  The path is based on the etext number (which is
+identical to the filename).  The path to the file is made up of single
+digits corresponding to all but the last digit in the filename.  For
+example an eBook of filename 10234 would be found at:
+
+     https://www.gutenberg.org/1/0/2/3/10234
+
+or filename 24689 would be found at:
+     https://www.gutenberg.org/2/4/6/8/24689
+
+An alternative method of locating eBooks:
+     https://www.gutenberg.org/GUTINDEX.ALL
+
+
diff --git a/old/12486.zip b/old/12486.zip
new file mode 100644
index 0000000..a9c3ce6
--- /dev/null
+++ b/old/12486.zip