Indian Nullification Of The Unconstitutional Laws Of Massachusetts Part 6

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 va.s.salage, 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 munic.i.p.al 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 n.o.body 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 Ma.s.sachusetts little know the extent of evil, which there is in this respect. I entreat them, I entreat the const.i.tuted 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 a.s.sisted 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 princ.i.p.ally 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 grat.i.tude, 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 pet.i.tioning 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 pet.i.tioning 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 grat.i.tude 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 pet.i.tion 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, princ.i.p.ally composed of members of the House; and were listened to most respectfully and attentively.

Deacon Coombs first addressed the a.s.sembly, 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 const.i.tuents, 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 r.e.t.a.r.ding 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 ill.u.s.trated 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 ma.s.s 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.