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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. 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