Indian Nullification Of The Unconstitutional Laws Of Massachusetts Part 13

Mr. Fish, as soon as any man in his situation. I think it as important to him as to the Indians, that the t.i.tle 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 Const.i.tution 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 r.e.t.a.r.ded 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 a.s.sailed 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.