Chapter I: Part 1
INDIAN NULLIFICATION OF THE UNCONSTITUTIONAL LAWS OF MASSACHUSETTS. RELATIVE TO THE MARSHPEE TRIBE: OR, THE PRETENDED RIOT EXPLAINED,
BY WILLIAM APES, AN INDIAN AND PREACHER OF THE GOSPEL
1835.
Entered according to Act of Congress, in the year one thousand eight hundred and thirty-five, by WILLIAM APES, in the Clerk's Office of the District Court of Massachusetts.
TO THE WHITE PEOPLE OF MASSACHUSETTS
* * * * *
The red children of the soil of America address themselves to the descendants of the pale men who came across the big waters to seek among them a refuge from tyranny and persecution.
We say to each and every one of you that the Great Spirit who is the friend of the Indian as well as of the white man, has raised up among you a brother of our own and has sent him to us that he might show us all the secret contrivances of the pale faces to deceive and defraud us. For this, many of our white brethren hate him, and revile him, and say all manner of evil of him; falsely calling him an impostor. Know, all men, that our brother APES is not such a man as they say. White men are the only persons who have imposed on us, and we say that we love our red brother, the Rev. WILLIAM APES, who preaches to us, and have all the confidence in him that we can put in any man, knowing him to be a devout Christian, of sound mind, of firm purpose, and worthy to be trusted by reason of his truth. We have never seen any reason to think otherwise.
We send this forth to the world in love and friendship with all men, and especially with our brother APES, for whose benefit it is intended.
Signed by the three Selectmen of the Marshpee Tribe, at the Council House, in Marshpee.
ISRAEL AMOS, ISAAC COOMBS, EZRA ATTAQUIN.
_March_, 19, 1835.
BOSTON, OCTOBER 2, 1834,
_To whom it may concern_.
The undersigned was a native of the County of Barnstable, and was brought up near the Marshpee Indiana. He always regarded them as a people grievously oppressed by the whites, and borne down by laws which made them poor and enriched other men upon their property. In fact the Marshpee Indians, to whom our laws have denied all rights of property, have a higher title to their lands than the whites have, for our forefathers claimed the soil of this State by the _consent of the Indians_, whose title they thus admitted was better than their own.
For a long time the Indians had been disaffected, but no one was energetic enough among them to combine them in taking measures for their rights. Every time they had petitioned the Legislature, the laws, by the management of the interested whites, had been made more severe against them. DANIEL AMOS, I believe, was the first one among them, who conceived the plan of freeing his tribe from slavery. WILLIAM APES, an Indian preacher, of the Pequod tribe, regularly ordained as a minister, came among these Indians, to preach. They invited him to assist them in getting their liberty. He had the talent they most stood in need of. He accordingly went forward, and the Indians declared that no man should take their wood off their plantation. APES and a number of other Indians quietly unloaded a load of wood, which a Mr. SAMPSON was carting off. For this, he and some others were indicted for a riot, upon grounds extremely doubtful in law, to say the least. Every person on the jury, who said he thought the Indians ought to have their liberty, was set aside. The three Indians were convicted, and APES was imprisoned thirty days.
It was in this stage of the business, after the conviction, that I became the counsel of the Indians, and carried their claims to the Legislature, where they finally prevailed.
The persons concerned in the riot, as it was called, and imprisoned for it, I think were as justifiable in what they did, as our fathers were, who threw the tea overboard; and to the energetic movements of WILLIAM APES, DANIEL AMOS and others, it was owing that an impression was made on the Legislature, which induced them to do partial justice toward this long oppressed race. The imprisonment of those men, in such a cause, I consider an honour to them, and no disgrace; no more than the confinement of our fathers, in the Jersey prison-ship.
BENJAMIN F. HALLETT,
_Counsel for the Marshpee Indian_.
INTRODUCTION.
* * * * *
The writer hopes that the public will give him credit for an intention to adhere rigidly to the truth, in presenting his views of the late difficulties of the Marshpee Tribe, as it is as much his wish as his intention to do justice to all his brethren, without distinction of colour. Yet he is sensible that he cannot write truly on this subject without attracting the worst wishes of those who are enemies to liberty, or would reserve it exclusively to themselves. Could he speak without incurring such enmity, he would be most happy to do so; but he is fully aware that he cannot even touch this matter without exposing himself to certain calumny. This has been his portion whenever he has attempted to plead the cause of his ignorant and ever-oppressed red brethren. Nevertheless, he will endeavour to speak independently, as if all men were his friends, and ready to greet him with thundering applause; and he would do so if their voices were to pronounce on him a sentence of everlasting disgrace. He writes not in the expectation of gathering wealth, or augmenting the number of his friends. But he has not the least doubt that all men who have regard to truth and integrity, will do justice to the uprightness of his intentions. (Heaven be praised! there are some such men in the world.) He is equally sure that the evidence contained in this little work will be satisfactory, as to all the points he wishes to establish, to all who are open to conviction.
It is true that the author of this book is a member of the Marshpee Tribe, not by birth, but by adoption. How he has become one of that unfortunate people, and why he concerns himself about their affairs, will now be explained to the satisfaction of the reader. He wishes to say in the first place, that the causes of the prevalent prejudice against his race have been his study from his childhood upwards. That their colour should be a reason to treat one portion of the human race with insult and abuse has always seemed to him strange; believing that God has given to all men an equal right to possess and occupy the earth, and to enjoy the fruits thereof, without any such distinction. He has seen the beasts of the field drive each other out of their pastures, because they had the power to do so; and he knew that the white man had that power over the Indian which knowledge and superior strength give; but it has also occurred to him that Indians are men, not brutes, as the treatment they usually receive would lead us to think. Nevertheless, being bred to look upon Indians with dislike and detestation, it is not to be wondered that the whites regard them as on a footing with the brutes that perish. Doubtless there are many who think it granting us poor natives a great privilege to treat us with equal humanity. The author has often been told seriously, by sober persons, that his fellows were a link between the whites and the brute creation, an inferior race of men to whom the Almighty had less regard than to their neighbours, and whom he had driven from their possessions to make room for a race more favoured. Some have gone so far as to bid him remove and give place to that pure and excellent people who have ever despised his brethren and evil entreated them, both by precept and example.
Assumption of this kind never convinced WILLIAM APES of its own justice. He is still the same unbelieving Indian that he ever was. Nay, more, he is not satisfied that the learned and professedly religious men who have thus addressed him, were more exclusively the favourites of his Creator than himself, though two of them at least have been hailed as among the first orators of the day, and spoke with an eloquence that might have moved stocks and stones. One of them dwells in New York and the other in Boston. As it would avail him little to bespeak the favour of the world in behalf of their opinions by mentioning their names, he will proceed with the matter in hand, viz. the troubles of the Marshpee people, and his own trial.
INDIAN NULLIFICATION, &c.
It being my desire, as well as my duty as a preacher of the gospel, to do as much good as in me lay to my red brethren, I occasionally paid them a visit, announcing and explaining to them the word of life, when opportunity offered. I knew that no people on earth were more neglected; yet whenever I attempted to supply their spiritual wants, I was opposed and obstructed by the whites around them, as was the practice of those who dwelt about my native tribe, (the Pequods,) in Groton, Conn. of which more will be said in another place.
Being on a tour among my brethren in May, 1833, I was often asked why I did not visit my brethren of Marshpee, of whom I had often heard. Some said that they were well provided, and had a missionary, named FISH, who took care of their lands and protected them against the fraud of such of their neighbours as were devoid of principle. Others asserted that they were much abused. These things I heard in and about Scituate and Kingston, where I had preached. Some of those who spoke thus, were connected with the missionary. The light thus obtained upon the subject being uncertain, I resolved to visit the people of Marshpee, and judge for myself. Accordingly I repaired to Plymouth, where I held forth on the civil and religious rights of the Indians, in Dr. KENDALL'S church, and was treated with Christian kindness by the worthy pastor and his people. Dr. KENDALL gave me a letter of introduction to Mr. FISH, at Marshpee. Being unacquainted with the way, I strayed a little from it, and found a number of good Congregationalists of the old school, who invited me to tarry and preach to them in the evening, which I did, to their acceptance; for they and their pastor desired me to remain and preach on the Sabbath, which, however, I could not consistently do. I proceeded thence to Sandwich, where I made my mission known to Mr. COBB, the Orthodox preacher, who appeared to be pleased.
Mr. COBB said that he had agreed to exchange with Mr. FISH, on the Sabbath following, but as it was inconvenient for him to do so, he would give me a line to him. With this furtherance I set forward, and arrived at Mr. FISH's house before sunset, informing those I met on the way that I intended to preach on the next day, and desiring them to advise others accordingly. When I made my business known to Mr. FISH, he treated me with proper kindness, and invited me to preach for him. When I awoke in the morning, I did not forget to return thanks to God for his fatherly protection during the night, and for preserving me in health and strength, to go through the duties of the day. I expected to meet some hundreds of the tribe, and to hear from their lips the sweet song of salvation which should prepare their minds for the words of life, to be delivered by one of the humblest servants of God. I hoped that grace might be given to me to say something to my poor brethren that might be for their advantage in time and eternity; after which I thought I should see their faces no more. I looked to see them thronging around their missionary in crowds, and waited for this agreeable sight with great anxiety.
The time appointed for the service was half past ten. When it arrived, we got into our carriages and proceeded to the Meeting-house, which was about two miles and a half distant. The sacred edifice stood in the midst of a noble forest, and seemed to be about a hundred years old; circumstances which did not render its appearance less interesting. Hard by was an Indian burial ground, overgrown with pines, in which the graves were all ranged North and South. A delightful brook, fed by some of the sweetest springs in Massachusetts, murmured beside it. After pleasing my eyes with this charming landscape, I turned to meet my Indian brethren and give them the hand of friendship; but I was greatly disappointed in the appearance of those who advanced. All the Indians I had ever seen were of a reddish color, sometimes approaching a yellow; but now, look to what quarter I would, most of those who were coming were pale faces, and, in my disappointment, it seemed to me that the hue of death sat upon their countenances. It seemed very strange to me that my brethren should have changed their natural color, and become in every respect like white men. Recovering a little from my astonishment, I entered the house with the missionary. It had the appearance of some ancient monument set upon a hill-top, for a landmark to generations yet unborn. Could Solomon's temple have been set beside it, I think no one would have drawn an architectural comparison. Beautiful as this place was, we had little time to admire it; something more solemn demanded our attention. We were to prepare ourselves for a temple more splendid than ever was built by hands. When the congregation were seated, I arose and gave out the psalm. I now cast my eyes at the gallery, that I might see how the songsters who were tuning their harps appeared; but, with one exception, paleness was upon all their faces. I must do these _Indians_ the justice to say that they performed their parts very well. Looking below, something new caught my attention. Upon two seats, reserved along the sides of the temple for some of the privileged, were seated a few of those to whom the words of the Saviour, as well as his scourge of small cords, might be properly applied, "It is written that my house shall be called the house of prayer, but ye have made it a den of thieves;" for these pale men were certainly stealing from the Indians their portion in the gospel, by leaving their own houses of worship and crowding them out of theirs. The law, perhaps, allowed them to do so. After singing and prayer, I preached one of my humble sermons, after which I attended a Sabbath School, in which a solitary red child might be seen here and there. By what I saw, I judged that the whites were much favored, while the little red children were virtually bidden to stand aside. I understood that the books that were sent to them had been given to the white scholars.
After a slight refreshment, the duty of worship was resumed; and I discovered that plain dealing was disagreeable to my white auditory. I inquired where _the Indians_ were; to which Mr. Fish replied, that they were at a place called Marshpee, and that there was a person called _Blind Joe_, who tried to preach to them, which was the cause of their absence. Though the said Joe was one of them, he had done them more harm than good. I asked why he did not invite Blind Joe, and get him to preach for him a part of the time. He answered, that that could not be; that Joe was not qualified to preach and instruct. I replied that he could not, perhaps, be sure of that, and that if he had followed the course I had mentioned, it would at least have been the means of uniting the people, which would of itself have been great good. It was then concluded to have a meeting at Marshpee; and, in the afternoon of the next day, I paid the people of that place a visit in their Meeting-house. I addressed them upon temperance and education, subjects which I thought very needful to be discussed, and plainly told them what I had heard from their missionary, viz: That it was their general disposition to be idle, not to hoe the corn-fields they had planted, to take no care of their hay after mowing it, and to lie drunken under their fences. I admonished them of the evil of these their ways, and advised them to consider any white man who sold them rum their enemy, and to place no confidence in him. I told them that such a person deserved to have his own rum thrown into his face. I endeavored to show them how much more useful they might be to themselves and the world if they would but try to educate themselves, and of the respect they would gain by it. Then, addressing the throne of grace, I besought the Lord to have mercy on them and relieve them from the oppressions under which they laboured. Here Mr. Fish cautioned me not to say any thing about oppression, that being, he said, the very thing that made them discontented. They thought themselves oppressed, he observed, but such was not the case. They had already quite liberty enough. I suggested to him the propriety of granting them the privileges enjoyed by the whites about them; but he said that that would never do, as they would immediately part with all their lands. I told him that, if their improvement was his aim, he ought to go among them and inquire into their affairs; to which he replied that he did go at times, but did not say much to them about their worldly concerns. He asked me if I thought it proper to preach about such things. I answered that I thought it proper to do good in any way; that a variety was not amiss, and that such a course would convince his flock that he had their welfare at heart.
I had now appointed to meet my brethren on Wednesday evening following, when I expected to bid them farewell forever; and in the mean while I had obtained a letter of introduction to Mr. Pratt, of Great Marshes. There I gave the audience a word in season, upon the subject of Indian degradation, which did not appear to please them much. I then visited Barnstable, and finding no resting place there for the sole of my foot, I journeyed as far as Hyannis, where I was entertained with hospitality and kindness. On the evening of the fourteenth day, I again preached on the soul-harrowing theme of Indian degradation; and my discourse was generally well received; though it gave much offence to some illiberal minds, as truth always will, when it speaks in condemnation. I now turned my face toward Marshpee, to preach the word there.
I had made up my mind to depart early on the morrow, and therefore, that I might hear of their concerns, and how they fared from their own mouths, I intended to commence my labours early in the day. I had not the least intention of staying with my brethren, because I saw that they had been taught to be sectarians, rather than Christians, to love their own sect and to hate others, which was contrary to the convictions of my own experience as well as to the doctrine of Jesus Christ. What ensued led me to look farther into their case. The lecture I had delivered in the Meeting-house, had wrought well, and a small pamphlet that contained a sketch of the history of the Indians of New England had had a good effect. As I was reading from it, an individual among the assembly took occasion to clap his hands, and with a loud shout, to cry, "Truth, truth!" This gave rise to a general conversation, and it was truly heart-rending to me to hear what my kindred people had suffered at the hands of the whites.
Having partook of some refreshment, we again met to worship God in the School-house; where I believe that the Spirit of the Lord was revealed to us. Then, wishing to know more of their grievances, real or supposed, and upon their invitation, I appointed several meetings; for I was requested to hear their whole story, and to help them. I therefore appointed the twenty-first of May, 1833, to attend a council to be called by my brethren. In the mean while I went to Falmouth, nine miles distant, where I held forth upon the civil and religious rights of the Indians. Some, who apparently thought that charity was due to themselves, but not to the red men, did not relish the discourse; but such as knew that all men have rights and feelings, and wished those of others to be respected as well as their own, spoke favourably of it. Of this number was Mr. Woodbury, the minister, who thought it would do good. I then returned to Marshpee, to attend the council.
The meeting was held in the school-room. Business commenced at about nine in the morning, and continued through the day. The first that arose to speak was an Indian, Ebenezer Attaquin by name. Tears flowed freely down his time-furrowed cheeks, while he addressed us in a manner alike candid and affectionate. The house was well filled.
After listening patiently to the tale of their distresses, I counselled them to apply for redress to the Governor and Council. They answered, that they had done so; but _had never been able to obtain a hearing_. The white agents had always thrown every obstacle in their way. I then addressed them in a speech which they all listened to with profound attention.
I began by saying that, though I was a stranger among them, I did not doubt but that I might do them some good, and be instrumental in procuring the discharge of the overseers, and an alteration of the existing laws. As, however, I was not a son of their particular tribe, if they wished me to assist them, it would be necessary for them to give me a right to act in their behalf, by adopting me; as then our rights and interests would become identical. They must be aware that all the evil reports calumny could invent, would be put in circulation against me by the whites interested, and that no means to set them against me would be neglected. (Had the inspiration of Isaiah spoken these words, they could not have been more fully accomplished, as is known to the whites of Barnstable County, as well as the Indians.)
Mr. Ebenezer Attaquin, being one of the prayer leaders, replied first, and said, "If we get this man to stand by us, we must stand by him, and if we forsake him after he undertakes for us, God will forsake us also."
Mr. Ezra Attaquin wished to know if I could not come and dwell with them, as so I could do them more good than if abiding at a distance. Mr. Ebenezer Attaquin said in reply, that if such a chance should be offered to a white man, he would be very glad to accept it.
I now inquired what provision could be made for me, if I should consent to their wishes. They answered that their means were small, but that they would provide a house for me to live in, and do what they could for my support. I said that, knowing their poverty, I did not expect much, and gave them to understand that I could dig, and fish, and chop wood, and was willing to do what I could for myself. The subject of religious instruction was then discussed, and the inquiry was made, what should be done with their poor, blind brother, (who was then absent among another sect.) I answered that I was very willing, to unite my labours with his, as there was plenty of work for both of us; and that had I but half a loaf of bread, I would gladly divide it with him. It was then agreed that we should unite, and journey together on the road toward heaven.
The case Of Mr. Fish was next laid before the council, and Complaints were made, that he had neglected his duty; that he did not appear to care for the welfare of the tribe, temporal or spiritual; that he had never visited some of the brethren at all, and others only once in five or seven years; that but eight or ten attended his preaching; that his congregation was composed of white people, to whom his visits were mostly confined, and that it seemed that all he appeared to care for was to get a living, and make as much as he could out of the Indians, who could not see any reason to think him their friend. It was, therefore, agreed to discharge him, and three papers were draughted accordingly. One was a petition to the Governor and Council, a second to the Corporation of Harvard College; the first complaining against the Overseers, and the laws relating to the tribe; and the second against the missionary set over them by Harvard College and the Overseers. The third document was a statement of my adoption into the tribe, and was signed by all present, and subsequently by others, who were not present, but were equally desirious of securing their rights. It was as follows,
_To all whom it may concern, from the beginning of the world
up to this time, and forever more_.
Be it known, that we, the Marshpees, now assembled in the
presence of God, do hereby agree to adopt the Rev. William
Apes, of the Pequod tribe, as one of ours. He, and his wife,
and his two children, and those of his descendants, forever,
are to be considered as belonging to the Marshpee tribe of
Indians. And we solemly avow this, in the presence of God, and
of one another, and do hereby attach our names to the same,
that he may take his seat with us and aid us in our affairs.
Done at the Council House in Marshpee, and by the authority of
the same, May 21st, 1833.
EBENEZER ATTAQUIN, _President_.
ISRAEL AMOS, _Secretary_.
To this instrument there are about a hundred signatures, which were affixed to the other papers above mentioned also. The resolutions which were sent to the two bodies were these:
_Resolved_, That we, as a tribe, will rule ourselves, and have
the Constitutionso; for all men are born free and equal, says
the Constitutien of the country.
_Resolved_, That we will not permit any white man to come upon
our plantation, to cut or carry off wood or hay, or any other
article, without our permission, after the 1st of July next.
_Resolved_, That we will put said resolutions in force after
that date, (July next,) with the penalty of binding and
throwing them from the plantation, if they will not stay away
without.
These resolutions were adopted by the tribe, and put in force, as will be seen hereafter. It was hoped that, though the whites had done all they could to extinguish all sense of right among the Indians, they would now see that they had feelings as well as other men.
The petition to the corporation of Harvard set forth the general dissatisfaction of the tribe with the missionary sent them by that honorable body, according to the intended application of the Williams Fund. The money was no more intended for Mr. Fish than for any other clergyman; neither had the Indians given him a call. They thought it right to let his employers know that he had not done his duty, because he not only received between five and six hundred dollars from the college, but had possession of five or six hundred acres of the tribe's best woodland, without their consent or approbation, and converted them to his own exclusive use, pretending that his claim and right to the same was better than that of the owners themselves. Not liking this, the Indians solicited his discharge. The document runs thus:
To our white brethren at Harvard College and trustees of the
Williams fund, that is under the care of that body, for the
important use of converting the poor heathen in New England,
and who, we understand, by means of that fund, have placed
among us the Rev. Phineas Fish.
We thought it very likely that you would like to know if we,
as a people, respected his person and labors, and whether the
money was benefiting the Indians or not. We think it our duty
to let you know all about it, and we do say, as the voice of
one, with but few exceptions, that we as a tribe, for a long
time, have had no desire to hear Mr. Fish preach, (which is
about ten years) and do say sincerely that we, as a body, wish
to have him discharged, not because we have anything against
his moral character, but we believe his labors would be more
useful somewhere else, and for these reasons,
1st. We, as a people, have not been benefited by his
preaching; for our moral character has not been built up, and
there has been no improvement in our intellectual powers, and
we know of no Indian that has been converted by his preaching.
2d. We seldom see him upon our plantation to visit us, as a
people. His visits are as follows--To one house, one visit in
one year--to another, two visits in five years--to another one
in seven--and to many, none at all. (We would here remark that
Mr. Fish has not improved, but rather lost ground; for history
informs us that such was the anxiety of the whites, that it
was thought best to visit the Indians twice in one year, and
preach to them, so as to save them.)
3d. We think that twenty years are long enough for one trial.
Another reason is that you and the people think that we are
benefited by that fund, or money paid to him for preaching to
the Indians--and we are not. White people are his visitors
and hearers. We would remark here that we have no objection to
worship with our white neighbors, provided they come as they
ought to come, and not as thieves and robbers, and we would
ask all the world if the Marshpee Indians have not been robbed
of their rights. We wonder how the good citizens of Boston, or
any town would like to have the Indians send them a preacher
and force him into the pulpit and then send other Indians to
crowd the whites out of their own meeting house and not pay
one cent for it. Do you think the white men would like it? We
trow, not; and we hope others will consider, while they read
our distressing tale. It will be perceived that we have no
objection if hundreds of other nations visit our meeting
house. We only want fair play; for we have had foul play
enough.
4th. We do not believe but that we have as good a right to
the table of the Lord as others. We are kept back to the last,
merely because our skins are not so white as the whites', and
we know of no scriptures that justify him in so doing. (The
writer would here observe, that he wonders any person
guilty of a dark skin will submit to such unchristian usage,
especially as the minister is as willing to shear his black
sheep as his white ones. This being the case, ought he not to
pay as much regard to them? Should he turn them loose to shift
for themselves, at the risk of losing them?)
5th. We never were consulted as to his settlement over us, as
a people. We never gave our vote or voice, as a tribe, and we
fully believe that we are capable of choosing for ourselves
and have the right to do so, and we would now say to you, that
we have made choice of the Rev. Wm. Apes, of the Pequod
tribe, and have adopted him as one of ours, and shall hear him
preach, in preference to the missionary, and we should like
to have him aided, if you can do it. If not, we cannot help
it--he is ours--he is ours.
Perhaps you have heard of the oppression of the Cherokees and
lamented over them much, and thought the Georgians were
hard and cruel creatures; but did you ever hear of the poor,
oppressed and degraded Marshpee Indians in Massachusetts,
and lament over them? If not, you hear now, and we have made
choice of the Rev. Wm. Apes to relieve us, and we hope that
you will assist him. And if the above complaints and reasons,
and the following resolutions, will be satisfactory, we shall
be glad, and rejoice that you comply with our request.
_Resolved_, That we will rule our own tribe and make choice of
whom we please for our preacher.
_Resolved_, That we will have our own meeting house, and place
in the pulpit whom we please to preach to us.
_Resolved_, That we will publish this to the world; if the
above reasons and resolutions are not adhered to, and the Rev.
Mr. Fish discharged.
The foregoing addresses and resolutions were adopted by a vote
of the tribe, almost unanimous. Done at the Council House at
Marshpee, May the 21st, 1833.
EBENEZER ATTAQUIN, _President_.
ISRAEL AMOS, _Secretary_.
The Hon. Josiah Quincy, President of the College, promised to attend to this matter, said that he had long been satisfied that the money from the Williams fund had not been applied to the object for which it was intended, and hinted at an intention to send no more to Mr. Fish till he should be better informed concerning the matter. (We understood that he actually did retain the money, though he never found leisure to make the inquiry alluded to.) He said that, had it been in the summer, he would have gone himself to the place. Summer has passed away, and we have seen no Mr. Quincy yet. We have heard that he was requested by several gentlemen to come and investigate our affairs, but we suppose he thinks that the poor Marshpees cannot have been wronged. However, as nothing has been done, we think it is time that the public should be made aware of our views and intentions.
Leaving Marshpee for New Bedford, I preached at several places on my way, and delivered lectures on Indian affairs. Many of the advocates of oppression became clamorous, on hearing the truth from a simple Indian's lips, and a strong excitement took place in that quarter.
Some feared that an insurrection might break out among the colored people, in which blood might be shed. Some called me an imposter, and others approved of my proceedings, especially the Quakers, whom I ever found benevolent and ready to help us. Their generous good will toward colored people of all races is well known. I feel bound to say, too, that there were others of the highest respectability in those parts who were anxious that their red brethren should obtain their rights and redress of their grievances.
When the time I had fixed for my return to my friends at Marshpee arrived, I turned thitherward, and reached the place on the sixth of June. Here I met the blind preacher, whom I had never before seen. He bade me welcome, and cordially agreed to join me in my labors, saying that God had listened to his prayers. He had for several years prayed for an assistant, and now consented to labor in conjunction with me for the spiritual and temporal advantage of our brethren. We went through the plantation together. On the Sabbath there was a large meeting, and the assistance of God enabled me to preach to them, after which we set forth, as a delegation to the Governor and Council in Boston. We stopped at several towns by the way, to discharge our duties, as Christian ministers, and were kindly and hospitably received by the teachers.
When we arrived in Boston, we communicated our business to a certain doctor, who lived in Roxbury. He did not think so favorably of it as we had expected; but, nevertheless, agreed to lay it before the board of trustees, which we presume he did, as he is a man of truth. We told him that we asked for justice, not money, and said that we wished the Marshpee Indians to avoid the meeting-house, if it did not belong to them. With this we left him, and have never heard from him from that day to this. He is gone where his deeds done in the flesh will receive their just reward; which I hope is a crown of blessedness and glory.
We did not find the Governor in Boston; but were advised to wait on Mr. Armstrong, the Lieut. Governor. We showed him our petition and resolutions, which he said, would avail us nothing, unless enforced. We answered that they would be enforced, at the appointed time. He then suggested that we might have been instigated to the measures in question by some of our enemies; probably meaning some of our unprincipled white neighbors. We replied that ill usage had been our only instigation, and that no one had interfered in the matter. He advised us to deliver our petition to the Secretary of State, to be submitted to the Council at their next session; which we did.
This done, we called on one of the tribe who was engaged in the coasting business, and had done much to teach the Indians, and to bring them to a right knowledge of their degraded condition. He said that he would willingly relinquish his business, and join in the efforts of his brethren to shake off the yoke which galled them; and thereupon it was resolved to hold a convention on the twenty-fifth of June, for the purpose of organizing a new government. He desired to be there, and his name is Daniel Amos.
I now set out for Essex, where my family was living, accompanied by the blind preacher. I put my wife and little ones on board a small vessel, bound for Boston, while I and my blind brother returned thither by land. We all arrived safely, and soon after embarked for Barnstable, where we arrived on the eighteenth of June, and landed at a spot about twelve miles distant from the hospitable Indians. Here we found ourselves breathing a new atmosphere. The people were very little prepossessed in our favor, and we certainly owe them small thanks on the score of hospitality. We succeeded in obtaining the shelter of an old stable for two nights, by paying two dollars. We applied to one individual for accommodations during that time, for one of our party who was sick, but were refused. He said he had no room. If any white man should come to Marshpee and ask hospitality for a night or two, I do not believe that one of the whole tribe would turn him from his door, savages though they be. Does not he better deserve the name who took from us two dollars for sleeping in his stable? This usage made me think that in this part of New England prejudice was strong against the poor children of the woods, and that any aid we might receive must come from the more hospitable Indians, among whom we arrived on the twenty-first, and rested till the twenty-fifth. We regarded ourselves, in some sort, as a tribe of Israelites suffering under the rod of despotic Pharaohs; for thus far, our cries and remonstrances had been of no avail. We were compelled to make our bricks without straw.
We now, in our synagogue, for the first time, concerted the form of a government, suited to the spirit and capacity of free born sons of the forest; after the pattern set us by our white brethren. There was but one exception, viz. that _all_ who dwelt in our precincts were to be held free and equal, _in truth_, as well as in letter. Several officers, twelve in all, were elected to give effect to this novelty of a government; the chief of whom were Daniel Amos, President, and Israel Amos, Secretary. Having thus organized ourselves, we gave notice to the former board of overseers, and the public at large, of our intentions. This was the form of our proclamation:
NOTICE.
_Marshpee Plantation, June 25th, 1833_.
Having heretofore been distressed, and degraded, and
robbed daily, we have taken measures to put a stop to these
things.--And having made choice of our own town officers to
act instead of the whites, and having acquainted the Governor
of our affairs and resolutions, he has nothing against our
putting them in force.[1] And now we would say to our white
friends, we are wanting nothing but our rights betwixt man
and man. And now, rest assured that said resolutions will
be enforced after the first day of July, 1833. Done at the
National Assembly of the Marshpee Tribe, and by the authority
of the same.
DANIEL AMOS, _President_.
ISRAEL AMOS, _Secretary_.
Hereupon the Missionary and agents and all who put faith in them, combined together to work our destruction, as is well known to all men.
We then proceeded to discharge all the officers appointed by the Governor and Council, firmly believing that each and every one of the existing laws concerning the poor Israelites of Marshpee was founded on wrong and misconception. We also forwarded a letter and resolution to Gideon Hawley, to the effect that we were dissatisfied with his proceedings with regard to our affairs and with those of the other officers, that we desired their stay among us no longer, that we were seeking our rights and meant to have them, and we therefore demanded of them all a final settlement, and warned them not to violate our regulations. The resolution was as follows:
_Resolved_, That we will no longer accede to your terms after
the first day of July next, 1833.
Done by the authority of the Marshpee Tribe.
DANIEL AMOS, _President_.
ISRAEL AMOS, _Secretary_.
We also proceeded to discharge the missionary, telling him that he and the white people had occupied our meeting house long enough, and that we now wanted it for our own use. We likewise gave him notice that we had complained against him to the authorities at Harvard.
Those who had, as we think unlawfully, ruled us hitherto, 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 assertion 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 circumstance 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 Massachusetts. 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 unconstitutional, 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.
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Indian Nullification of the Unconstitutional Laws of Massachusetts Relative to the Marshpee TribeChapter I: Part 1
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