Indian Nullification Of The Unconstitutional Laws Of Massachusetts Part 2

Those who had, as we think unlawfully, ruled us. .h.i.therto, 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 a.s.sertion 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 circ.u.mstance 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 Ma.s.sachusetts. 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 unconst.i.tutional, 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, a.s.sault, and trespa.s.s; 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 trespa.s.s.

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 grat.i.tude.

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 circ.u.mstances. 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 G.o.d 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 Ma.s.sachusetts, 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 princ.i.p.al 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 a.s.sistance 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 G.o.d 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 G.o.d has been manifested in the conversion of some thirty. G.o.d forbid that I should glorify myself; I only mention the circ.u.mstance to show that the Marshpees are not incapable of improvement, as their enemies would have the world suppose. But, under these circ.u.mstances, 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 a.s.sistance 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 trespa.s.s. 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 ill.u.s.trative 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.