Indian Nullification Of The Unconstitutional Laws Of Massachusetts Part 3

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 ill.u.s.trated by extracts from divers pet.i.tions, 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 G.o.d, 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 Ma.s.sachusetts 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 a.s.sembly, (where he was acting as moderator,) upon a warrant for a.s.sault and trespa.s.s, 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 pet.i.tion, 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 const.i.tutional. Will the good people of Ma.s.sachusetts revert back to the days of their fathers, when they were under the galling yoke of the mother country? when they pet.i.tioned 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 Ma.s.sachusetts, the boasted cradle of independence, whom we have pet.i.tioned for a redress of wrongs, more grievous than what your fathers had to bear, and our pet.i.tioning 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 subst.i.tute, we unloaded two wagons loaded with our wood, without a wish to injure the owners of the wagons. And now, good people of Ma.s.sachusetts, 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 n.o.ble 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 sh.o.r.es. 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 compa.s.sion on him. They both died; and we read that G.o.d 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 G.o.d 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 Ma.s.sachusetts 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 trespa.s.s, 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 trespa.s.s, 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 princ.i.p.al stock, so much so that we began to think they soon would drag both interest and princ.i.p.al 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 mola.s.ses 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 pa.s.sed 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 G.o.d, 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, const.i.tuting the Marshpee tribe, intend to pet.i.tion 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 inst.i.tuted, 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 quant.i.ties 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.