Indian Nullification of the Unconstitutional Laws of Massachusetts Relative to the Marshpee Tribe / Or, the Pretended Riot Explained

by William Apess

MARSHPEE INDIANS.

The remnants of that race of men who once owned and inhabited the forests and prairies of the Old Colony that have new given place to large and populous villages and the busy hum of civilized man, are, it would seem, somewhat dissatisfied with the manner in which they are governed by the State authority. Communications illustrative of the condition of the Marshpee Indians in the County of Barnstable, have been forwarded to us by the agent of the tribe, by which it appears that they have been abused. Intelligence from other quarters comes fraught with bitter complaint, and there can be no manner of doubt that too ample room remains for the improvement of their condition. The communications at hand advise the Indians to stand out for their right to appoint their own overseers, and do all business now especially done by the State. That they ought to be allowed this privilege, (if privilege it may be called,) there is no question; but there is a question, whether this is the first important step to be taken. By a list of names which accompanies our advices, it appears that very few are able to write their own names, their mark being affixed instead; and in addition to this, we are informed that there are many who cannot even read. With this view of their condition the correct and efficient course to be pursued would seem to be that of sending Education Missionaries among them, that in contending for their rights, of which they say they are deprived, they may be enabled to act understandingly.

This may serve to show that the Marshpees had long been dissatisfied with their government, and that very many complaints had been made; which will be illustrated by extracts from divers petitions, in another page. The next refers to the Marshpee trials, and is signed in a manner signifying that the writer speaks advisedly, and from knowledge.

From the Barnstable Journal of July 18, 1833.

Mr. Apes was arrested at the Marshpee Plantation on the 4th, by order of the Executive, and required to give bond for his good behaviour.

Mr. Apes now says, that this statement is not correct; that the Governor has ordered no such thing, and that he never was requested in all his life to give bond for his behavior.

Much has been said in and out of the papers about the Indians in Marshpee. All that the Indians want in Marshpee is to enjoy their rights without molestation. They have hurt or harmed no one. They have only been searching out their rights, and in so doing, exposed and uncovered, have thrown aside the mantle of deception, that honest men might behold and see for themselves their wrongs. The Indians could spread columns before the world which would cause the hearts of good men to be sad, and recoil at the conduct of their white brothers. All that Mr. A. wishes is, that people would tell the truth.

A BEHOLDER.

With regard to this article, I have to say that it speaks the truth. If an honest white man could look into our private affairs and know what wrongs we have suffered, it would change his complexion to a hue redder than the Indian's. But the crimes committed against our race cannot be enumerated here below. They will each and all, however, be judged at the bar of God, and it must be the comfort of the poor and oppressed, who cry for justice and find it not, that there is one who sees and knows, and will do right. The next is from the Boston Daily Advocate, of July 12.

Rev. Mr. Apes, who has been conspicuous in the Marshpee nullification, has, we learn, been taken and committed to jail in Barnstable county; upon what process, we are not informed, but we trust, for the honor of the State, that while our mouths are yet full of bitterness against Georgian violence, upon the Indians, we shall not imitate their example.

How true it is that men see the faults of others, rather than their own. If the good people of Massachusetts were as ready to do right as to have the Georgians do right, the Marshpee Indians might, perhaps, send a Representative to the Legislature. I hope the remark will give no offence. The next is from the same print, of July 15, 1833.

The Marshpee affairs, we are gratified to learn, are more quiet than they have been. The Indians took forcible possession of the Meeting-house the other day, and have retained it ever since, but no farther act has been committed on their part. They notified Mr. Fish that they had dismissed him from their Parish, and also formally gave notice to the overseers that their offices were at an end. Hon. J.J. Fiske, of the Executive Council, has visited the Indians, by request of the Governor, and has, we learn, discharged the duty in a highly conciliatory and discreet manner. The Indians would not at first consent to see him, but being satisfied of the disposition of the Executive to listen to their grievances, they met Mr. Fiske alone in the Meeting-house, where, by their special request, the overseers also appeared. The Sheriff of the county, Hon. John Reed, and others, were also present. About one hundred of the Indians appeared, many of them armed with guns. They were perfectly under the command of Apes, but all of them conducted with propriety, and seemed peaceably disposed. Mr. Fiske heard their complaints for one day. Their demands were to have the overseers removed, and the books and funds, now in the hands of the Treasurer, transferred to them; and in fact to be left to the entire management of their affairs. It was explained to them that the Governor had no power to do this, if he were so disposed. That he could only change their overseers, and lay their complaints before the Legislature, who alone could alter the laws now governing the plantation. To this, Apes would not agree, insisting that they should be relieved of the guardianship of the State, and that the Governor could do it at once.

He was questioned as to his own right to be on the plantation, to which he does not belong, and finding all argument useless with him, Apes was arrested in the assembly, (where he was acting as moderator,) upon a warrant for assault and trespass, in unloading the teams of Mr. Sampson. The Indians were perfectly quiet, and Apes having been bound over for his appearance to take his trial, in the sum of $200, he was immediately bailed by Mr. Ewer, a Justice of the Peace, and was not committed to jail, as has been represented. After his arrest, he expressed some contrition, and admitted he had gone too far. The ultimate understanding appears to be with the Indians, that they will offer no further resistance, but wait patiently for a redress of grievances, until the meeting of the Legislature, when they confidently expect to have their guardianship removed. As an evidence of their peaceable disposition, "President" Amos, at the request of Mr. Fiske, gave up the key of the Meeting-house, for Rev Mr. Fish to occupy the pulpit, and asked as a favor, that the Indians might occupy it half the time. The result of the mission of Mr. Fiske, is therefore very favorable, and if a similar course is pursued hereafter, there will be no further difficulty with the tribe. They should be treated with all possible lenity and kindness, for the honor of the Commonwealth.

The Indians would not consent to see Mr. Fiske at first, because they did not like to meet their enemies off their own ground, and I presume they would not have consented to do so to this day. As to the Counsellor's meeting us alone, it was the especial direction of the Governor that he should hear the parties separately, because, supposing the government to be oppressive, it seemed to him that the Indians would be afraid to speak plainly in presence of their masters, or proffer their complaints. The Indians wished to do nothing in a corner; but rather to proceed with an open and manly spirit, that should show that they were unjustly accounted abject and willing slaves. As to my opinion of the powers of the Governor, I have already admitted that I was in error; for I am not a man skilled in legal subtleties. My reason for pressing our claims so strongly was, to make the way easy for my brethren, till something could be done for them. The Indians were requested to give up their own Meeting-house to a gentleman who did not come at their request, and to gather other people into it to suit his convenience. The Indians asked for their own house for only half the time, and even this was denied them. The law not bearing out their petition, they could only obtain it by force, and, finding this to be the case, they forbore.

The question is, how can a man do good among a people who do not respect him or desire his presence, and who refuse to hear him preach? Yet Harvard College has forced such an one on the Marshpees against their will, right or wrong.

I heard a white lady observe, that Mr. Fish was not a preacher for every one; as though he was not fit to preach to any but us poor ignorant Indians. Nevertheless, if any people need a talented, enterprising preacher, we are the very ones. Some may suppose Mr. Fish to be a Unitarian. He was, when he was first settled at Marshpee; but his opinions underwent a change soon after, and he became what is commonly called an orthordox Congregationalist. In order to be a good one, he ought to make one more change—a change of inclination, to force himself on poor Indians. One who has such an inclination cannot be a good member of any sect, or an honor to it. Such a person can be no ornament to any ecclesiastical body. I would not have it inferred from this that a breath of reproach is in my mind, or in those of my brethren against any denomination of Christians. We love all who love the Lord Jesus in sincerity.

I expressed no contrition because I thought I had acted morally wrong, or had asked any thing more than was right; but because I had mistaken the law, which in this case was a very different thing from justice.

The next article is from the Barnstable Journal, of July 25. It will serve to show that though the matter had been perfectly explained to the inhabitants of Barnstable County; yet it contained some of our worst enemies as well as best friends. Our enemies were those in office, and those under their influence. The majority believed the Indians to be wronged, and ought to have had redress; and these were unable to act in our behalf. Those who did act were either our enemies or persons who had no minds of their own, and were led by them in all they did. Many of them did, nevertheless, sympathise with the Indians, and pitied them when cast into prison, for all men can appreciate the blessing of liberty.