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

by William Apess

On the sixth, the head men of the tribe held a meeting, and agreed to rescind the former meetings until the session of the Legislature, as the commissioner had fairly stated that whatever could be done for us, would be done by that honourable body. We could do no less than accept a promise coming from so high an authority, and await the leisure of our father, the Legislature, though he had neglected us and suffered us to be abused. Who could say but that he would uplift his voice and weep aloud, on hearing the story of our wrongs, as Joseph and his brethren did when they recognized each other. And indeed, though our tender parent proved a little hard-hearted at first, by and by there was a little relenting toward his poor suffering babes of the woods, as will be seen in the proper place. The following notice was drawn up accordingly:

Whereas, certain resolutions have been made by us, the Marshpee Indians, in reference to our plantation, we do hereby solemnly declare, upon the security of the Governor's Counsel,[7] that we shall be righted; and that there shall be a change of government, if necessary, and that the governor has pledged himself to do right, and that the property sold for money or otherwise disposed of, shall be refunded to us again, and that justice shall be done. Now, in consideration thereof, we do hereby guaranty to our white neighbours that they shall not be molested in their lawful concerns upon our plantation, provided that no white man meddles or interferes in any way whatever in our lawful affairs; and that you may understand that it is so, we say the resolutions are revoked, and we will wait with pleasure the sitting of the Legislature.

Done by order of the Marshpee Tribe, July 6, 1833.

DANIEL AMOS, President.

ISRAEL AMOS, Secretary.

Soon after this, the Commissioner departed, and I saw him no more till the sitting of the General Court. About this time our affairs got into the public prints, and it was reported through the whole land that there were hostile movements among the Indians at Cape Cod, or Buzzard's Bay. All the editors were very willing to speak on the favorite topic of Indian wrongs; but very few of them said any thing about redress. On this head they were either silent or against us. Here and there was found one liberal and independent enough to speak in our behalf. Some of these articles shall be given, that it may be seen who were for or against our rights and privileges. It will be proper to state in the first place, however, that from July 4, to the sitting of the Court of Common Pleas, in September, there was little disturbance upon the plantation. We thought, from what we heard among the whites that they were inclined to spare no pains to frighten us; but we listened patiently and remained quiet, according to our promise.

In August, we had a four-day meeting, which was the means of much good. Twelve Indians were redeemed from sin, and during the eighteen months that I have known them, the power of God has been manifested in the conversion of some thirty. God forbid that I should glorify myself; I only mention the circumstance to show that the Marshpees are not incapable of improvement, as their enemies would have the world suppose. But, under these circumstances, is it not natural for the Indians to think that their missionaries have cared less for saving their souls than for filling their own pockets, and that their thousands have been expended on them to very small purpose? I do think that the result of this meeting was in no wise pleasing to our white enemies.

At harvest time the reapers cut their grain and carried it to their granaries. But they were under the control of their task masters. A dispute arose. A woman whose husband was absent, doing business upon the great waters, claimed a portion of the grain, while the overseers maintained that it belonged to them. She applied for assistance to one of the true proprietors, who, in the presence of five or six men who were with the overseer's team, unloaded it, and placed the grain where it ought to have been. I was present and happened to smile at this novel proceeding, which, I suppose was the cause of a prosecution that presently took place for trespass. My horse had bitten off five or six rye heads in a rye field, for which enormity his owner was obliged to pay ten dollars, though the actual damage was not to the value of six cents. I will not retort the petty malice which prompted this mean act of revenge, by mentioning names. I now proceed to mark out the state of public feeling, by some extracts from the newspapers. The following is from the New Bedford Press, of June 1, 1833:

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.