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

by William Apess

The next two extracts are from the Boston Advocate of September 10 and 11, 1833.

THE MARSHPEE INDIANS.

We are mortified for the honor of the State, to learn from Barnstable County, that the Court of Common Pleas and Sessions there, (Judge Cummins,) have tried and convicted William Apes and six Indiana of the Marshpee tribe, upon charges connected with the efforts of the Indiana to obtain justice from their white masters. Apes is very popular with the Indians, and this persecution of him, which at least was unnecessary, will inflame them the more.

The papers say the conviction was for riot. This cannot be, for there was no riot, and no riot act read. Apes and his associates prevented a man from carrying wood off the plantation. They were, perhaps, wrong in doing so, but the law which takes this wood from the Indian proprietors, is as unjust and unconstitutional as the Georgia laws, that take the gold mines from the Cherokees. Could the question of property have been tried, the act of stopping their own wood, by the Indians, could not have been made even trespass, much less riot. It is said that Apes and the rest were indicted under some obsolete law, making it a misdemeanor to conspire against the laws. We have looked for such an act, but cannot find it in the Statute Book.

At any rate, law or no law, the Indians were indicted and convicted. They were tried by their opponents, and it would be impossible to get justice done them in Barnstable County. An impartial jury could not be found there. It is the interest of too many to keep the Indians degraded. We think the conviction of these Indians is an act of cruelty and oppression, disgraceful to the Commonwealth. The Marshpee Indians are wronged and oppressed by our laws, nearly as much as ever the Cherokees were by the Georgians. But it is useless to call for the exercise of philanthropy at home. It is all expended abroad.

An attempt was made to indict some of the white harpies, who are selling rum to the Indians, without license. Those men got clear, and are still suffered to prey on the poor Indians; but to stop a load of wood, which in reality belonged to the Indians themselves, was an outrage which the Court were ready enough to punish! Is it creditable to let the white spiders break through the laws, while we catch and crush the poor Indian flies?

THE INDIANS.

William Apes and the Marshpee Indians, who were tried before the Court of Common Pleas, in Barnstable County, were ably defended by Mr. Sumner, of this city. Apes was sentenced by Judge Cummings, to thirty days imprisonment in the common jail. One other was sentenced to ten days imprisonment, and the rest were not tried. When the sentence was pronounced, several Indians who were present, gave indications of strong excitement at what they conceive to be a tyrannical persecution. It is much to be feared, that this unnecessary and apparently vindictive course, pursued by the overseers and their friends, after the Indians had become quiet, and resolved to wait patiently for redress from the Legislature, will inflame them to acts of violence, and give the whites, who wish to oppress them, further advantages over them.

We have visited the greater part of the tribe recently, in their own dwellings, and we know how strongly and unanimously they feel upon the subject of what they really believe to be, their slavery to the overseers. If, therefore, the course we have pursued, and mean to pursue, in laying their claims to justice before the public, entitles us to be listened to as a friend, we beg them to abstain from all acts which violate even the unjust and hard laws by which they are now held in bondage. Resistance will furnish their enemies with the strongest weapons against them, and discourage their friends. Let them endure patiently, till the next Legislature meets, and if there is any virtue or honesty in our public men, the rights of the Marshpee Indians will be secured.

In our last article we said that it was impossible for the Indians to have an impartial jury in Barnstable. We did not mean that this arose from all the whites being opposed to the Indians. They have many friends in Barnstable County, who think them deeply injured, and who have no interest in keeping them degraded, in order to enjoy the privileges which too many whites now have, at the expense of the tribe. We alluded to the influences that would be used upon the jury, as in the case of Apes, where we learn, that three individuals, favorable to the Indians, but having formed no opinion in that case, were excluded from the regular jury. One of them was set aside, for saying he thought the Indians ought to be free. We are still at a loss to know under what law these Indians were found guilty of riot, in preventing their own wood from being carried off their own land. Where are all our Cherokee philanthropists, at this time?