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

by William Apess

THE MARSHPEE INDIANS.

We have received a genuine communication from one of the Marshpee Indians, and as we verily believe that tribe is in many respects wronged by the whites, and neglected by their legal guardians, the Legislature, we are desirous of giving them a hearing, that justice may be done them, if it be a possible matter to get such a thing as justice and good faith from white men toward Indians. Undoubtedly some of their supposed grievances are imaginary and much exaggerated, but others are real, and tend greatly to depress them. We have had an overflow of sensibility in this quarter toward the Cherokees, and there is now an opportunity of showing to the world whether the people of Massachusetts can exercise more justice and less cupidity toward their own Indians than the Georgians have toward the Cherokees. We earnestly exhort the Marshpeeians to abstain from all acts of violence, and to rely with full confidence upon the next Legislature for redress. That body has heretofore treated their claims too lightly, but there is a growing disposition to hear and relieve their grievances. A memorial from the tribe, setting forth the wrongs of which they complain, would unquestionably receive prompt attention. The laws by which they are exposed to the cupidity of their white neighbors, are extremely defective, and require a thorough reform. Our correspondent, who we believe speaks the sentiments of the tribe, shall be heard for himself, and we hold our columns free to publish any facts, on either side of this question, which may be offered to the public.

"MARSHPEE, AUG. 5, 1833.

MR. HALLETT,

Dear Sir—With regret I say that your white brethren still think it a privilege to impose upon us here. The men upon our plantation were gathering their rye harvest, and the poor women whose husbands were at sea, who had let out their land, confidently expected to have their share, but it was taken from them by unjust men, and not so much as a spear of it left to sustain them, or even the promise of help or aid in any way; it was not taken for debt and no one knows for what. The overseers have now become displeased, and choose at this time to use their great power. I hope we shall not have to call upon the State to protect us, but if we are imposed upon in this manner, we believe we shall. And while we are willing to be still and peaceable, we think that those of our white friends, with the light they possess, ought to show as much of the spirit of kindness as poor ignorant Indians. The Legislature has bound the poor Indians as they have. The Indians would propose one thing. We have some white men here who will smuggle rum, and sell it to the Indians, and as they have no license, they ought to be stopped. We are happy to say that many of our Indians are temperate, but we wish them all to be, and we want some way to have a stop put to these things, for these white men are ten times worse than any of the Indians. I might name a Fuller, a Chadwick, and a Richardson; we really wish that the honorable Legislature would place guardians over them, to keep them from wasting our property in this way. While I was absent, there was a man that sued me for trespass, and tried the case without my information. What kind of law is this? I had the liberty of baiting my horse in a field. A man had rye in a field he did not hire, but took it upon shares. My horse got in his rye, but six cents would pay all the damage. But the action is not damage, but trespass, and that done unknown to me.

It is impossible to give you the details of wrongs imposed upon the Indians. We are to be accused by our enemies, tried by them, and condemned by them. We can get redress no where, unless we trouble the government all the while, and that we are delicate to do.

Now we believe that some of these things published abroad would do good, and we should have more peace.

Yours, most obediently."

We have received another communication from Marshpee, upon the same subject.

"Having seen several articles in your paper, relating to the Marshpee tribe, we perceive that your paper is free, not muzzled. Marshpee Indians speak for themselves. It is not to be doubted but that the public would like to hear the Indians speak for themselves. It has been represented that the Indians were troublesome, and war-like movements were among us. If to make an inquiry into our rights by us, is war-like, so it is. Otherwise than this we know nothing about it, and we know of none that has a disposition to shed blood. It is true that the day the Hon. J.J. Fiske, of the Governor's Council, was present with us, in a council at the meeting-house, the Indians, three in number, were out in the morning, hunting deer, and when they came to the meeting-house, they had their business to attend to, and could not conveniently go four or five miles to put up their muskets, neither did we see the propriety of their so doing. We believe that a just man would not have trembled at an old rusty musket.

We are hard to believe, that any people, served as we have been here, would more kindly submit to it, than we have. We think now we have submitted long enough, and we thought it no crime to look, or ask after our rights. But we found our white neighbors had thrown their chains of interest around our principal stock, so much so that we began to think they soon would drag both interest and principal all away. And no wonder they began to cry out, when they saw that the Indians were likely to unhook their chains, and break their hold. We believe white men had more war in their hearts than any of the Indians.

We are willing to hint a few things. We thought white men would do well, that they were trusty. We doubt not but what they be among themselves; but we scarcely believe that they care much for the poor Indians, any further than what they can get out of them. It is true we have land in Marshpee. We can stay upon it; but we have had to pay one dollar per cord, to the overseers, for our own wood, and take it or carry it just where these men said. Our meadows were taken from us and rented out to white people, our pastures also. About twelve hundred cords of our wood has been cut the last year, and we judge the minister has cut one hundred and fifty cords for his share. And in a word, they did as they pleased. The poor could get a pound of meat, or a half peck of corn, and one quart of molasses for two weeks. Much might be said, but we forbear. It is true that we have had a preacher, but we do not believe that he cares any thing about us. Neither had we any hand in his settlement over us. To be sure, he likes to stay with us, but we think it is because he gets so much good pay. But five or six adult persons attend his preaching, there being not one Indian male belonging to his church. This gentleman has cut much wood, to the dissatisfaction of the Indians; and it is true they have passed resolutions that they will not hear him preach. Yet he wants to stay with us.

Interest men tremble and threaten, but we fear not, and sincerely hope they will soon tremble before God, and prepare to meet their Judge, who will do right, and who will have no regard for skins or color.

THINK OF THE INDIANS.

We turn from this judicious and liberal article, to one that is less favorable. It is from the Barnstable Journal, of August 22, 1833.