Indian Nullification Of The Unconstitutional Laws Of Massachusetts Part 7

In the enslavement of two millions of American people in the Southern States, the tyranny of this nation a.s.sumes 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 princ.i.p.ally 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. a.s.suming 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 pa.s.s 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 pet.i.tioners by a blind legislation. They are not, and do not aspire to be an independent government, but citizens of Ma.s.sachusetts.

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 a.s.sembled in what they termed a town meeting, and adopted resolutions declaring their independence of the government of Ma.s.sachusetts, abjuring the authority of the laws, and proclaiming that after the first day of July then next, they should a.s.sume 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 a.s.sure 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 a.s.surances, _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 a.s.sumed.

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 a.s.signed, 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 const.i.tuted by law has been exercised over them, accompanies this communication. The Indians have received an a.s.surance, that the attention of the Legislature shall be invited to their complaints, and the report will not fail to a.s.sist 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 subst.i.tuted for kindness and mercy.

We cannot but think that Ma.s.sachusetts 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 Ma.s.sachusetts, 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 pa.s.sions 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 pa.s.sed 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 G.o.d 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 pet.i.tion and remonstrances. The following are his remarks after the law which gave us our liberty was pa.s.sed by his exertions in our cause:

I will now briefly consider the "doc.u.ments, 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 unconst.i.tutional. 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 pet.i.tions 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.