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

by William Apess

"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.

THE INDIANS.

We learn from South Sandwich that the Indians, constituting the Marshpee tribe, intend to petition at the sitting of the next Legislature, for a redress of grievances, and a revision of the code of laws by which they are governed. The recent revolt among them, and the measures adopted to make known their situation and treatment, by themselves, and by those who have avowed their friendship toward them, (its validity time will determine,) gave rise to considerable excitement. An inquiry into the state of affairs was instituted, which terminated, as far as we have been able to learn, to the satisfaction of those employed in the investigation, that some of the evils under which they are labouring are real, and rendered so by the laws of the Commonwealth, but many imaginary. We do not doubt that the state of society among them is low and degraded, comparatively speaking, but what contributes to keep them in this situation we are unable to say, unless it be, that the plantation has been a resort of the vagrant, the indolent, and those whom refined society would not allow among them. If this is the case, and we believe it has been, something should be done, either among the Indians, or by the Legislature, to remedy the evil. We have understood also, that certain individuals, located contiguous to the plantation, retail ardent spirits to them in quantities as large as they are able to pay for. If this be the fact, such men should be ferreted out, and in justice to the Indians, to the community about them, and to the laws of the land, they should be made to suffer, by being exhibited to public derision, and by the penalty of the act prohibiting the retail of spirits. If they have not the power, and no one feels willing to go forward in shutting up these poisonous springs, give them the power, and if they do not exercise it, let them suffer.

Mr. Apes is among them, and attended the "Four Days Meeting," held during the present month, which we are told was managed with good order and regularity.

The writer here says that the Indians are vile and degraded; and admits that they can be improved. He gives no explanation of the causes of their degradation. If the reader will take the trouble to examine the laws regarding the Marshpees, he will see those causes of the inevitable and melancholy effect, and, I am sure, will come to the conclusion that any people living under them must necessarily be degraded. The Journal, however, does us the small justice to admit, that we are not so degraded but that we can hold a meeting of four days duration, with propriety and moderation. What, then, might we not do, were proper pains taken to educate us.