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

by William Apess

On the other hand, "blind Jo," as he is called, a native Indian, blind from his birth, now 28 years of age, has educated himself by his ear and his memory, has been regularly ordained as a Baptist minister, in full fellowship with that denomination, and has had a little church organized since 1830. The Baptist denomination has existed on the plantation, for forty years, but has received no encouragement. Blind Jo has never been taken by the hand by the missionary or the Overseers. The Indians were even refused the use of their Meeting-house, for the ordination of their blind minister, and he was ordained in a private dwelling. Though not possessing the eloquence of the blind preacher, so touchingly described in the glowing and chaste letters of Wirt's British Spy, yet there is much to admire in the simple piety and sound doctrines of "Blind Jo;" and he will find a way to the hearts of his hearers, which the learned divine cannot explore.

There is another denomination on the plantation, organized as "The Free and United Church," of which William Apes is the pastor. This denomination Mr. Fish charges with an attempt to usurp the parsonage, wood-land and the Meeting-house; he denounces, as a "flagrant act," the attempt of the Indians to obtain the use of their own Meeting-house, and appeals to the sympathies of the whole civilized community to maintain by law the Congregational worship, which, he says, "is the most ancient form of religious worship there!" "Why should Congregational worship be excluded to make room for others?" asks the Rev. Mr. Fish. "Where will be the end of vicissitude on the adoption of such a principle, and how is it possible, amid the action of rival factions, for pure religion to be promoted." [Pages 7, 8, 9, of Mr. Fish's memorial. Senate, No. 17.] Is this language for a Christian minister to address to the Legislature of Massachusetts? To petition for an established Church in Marshpee? Can he ever have read the third Article of the Bill of Rights, as amended?

What has been the result of those "rival factions," in Marshpee? Blind Jo and William Apes, have forty-seven Indian members of their churches, (fourteen males,) in good standing, collected together in three years. The missionary has baptized but twenty in twenty-two years. The Indian preachers have also established a total abstinence Temperance Society, without any aid from the missionary, and there are already sixty members of it, who, from all the evidence in the case, there is no reason to doubt, live up to their profession.

I do not say this to detract from the good the missionary has done; I doubt not he has done much good, and earnestly desired to do more; but when he denounces to the Legislature other religious denominations, as usurpers and "rival factions," it is but reasonable that a comparison should be drawn between the fruit of his labors and that of those he so severely condemns.

I confess, I am struck with surprise, at the following remarks, in the memorial of the Rev. Mr. Fish. Speaking of the complaint of the Indians respecting their Meeting-house, that it is not fit for respectable people to meet in, being worn out; he says, "As it was built by a white Missionary Society, and repaired at the expense of the white Legislature of the State, perhaps the whites may think themselves entitled to some wear of it, and being no way fit for 'respectable people,' the church and congregation hope they may the more readily be left unmolested in their accustomed use of it." [Page 4.] Again he says of the complaints of the Indians, that they were forbidden to have preaching in their School-houses. "The School-houses, built by the munificence of the State, began to be occupied for Meeting-houses, soon after their erection, and have been more or less occupied in this fashion! ever since; and your memorialist desires to affirm that in this perversion of your liberal purpose, he had no share whatever!"

Is this possible? Can it be a perversion of buildings erected for the mental and moral improvement of the Indians, that religious meetings should be held there, by ministers whom the Indians prefer to the Missionary?

The inequality in the appropriations for religious instruction, is remarked upon by the Commissioner, Hon. Mr. Fiske, who says in his report that if the present appropriations are to be restricted to a Congregationalist minister, some further provision, in accordance with religious freedom, ought to be made for the Baptist part of the colored people. [Page 29. No. 14.]

I regret too, the unkind allusion in the Rev. Mr. Fish's memorial to Deacon Coombs, the oldest of the Marshpee delegation, formerly his deacon, and the last proprietor to leave him. He says the deacon "once walked worthy of his holy calling." Does he mean to insinuate he does not walk worthily now? I wish you, gentlemen, to examine Deacon Coombs, who is present, to inquire into his manner of life, and see if you can find a Christian with a white skin, whose heart is purer, and whose walk is more upright, than this same Deacon Coombs. In point of character and intelligence, he would compare advantageously with a majority of the Selectmen in the Commonwealth.

With the religious concerns of Marshpee, I have no wish to interfere. I only seek to repel intimations that may operate against their prayer for the liberties secured by the Constitution. Neither do I stand here to defend Mr. Apes, who is charged with being the leader of the "sedition." I only ask you to look at the historical evidence of the existence of discontent with the laws, ever since 1693, and ask if Mr. Apes has been the author of this discontent. Let me remind you also, of the fable of the Huntsman and the Lion, when the former boasted of the superiority of man, and to prove it pointed to a statue of one of the old heroes, standing upon a prostrate lion. The reply of the noble beast was, "there are no carvers among the lions; if there were, for one man standing upon a lion, you would have twenty men torn to pieces by lions." Gentlemen, by depressing the Indians, our laws have taken care that they should have no carvers. The whites have done all the carving for them, and have always placed them undermost. Can we blame them, then, that when they found an educated Indian, with Indian sympathies and feelings, they employed him, to present their complaints, and to enable them to seek redress? Look at this circumstance, fairly, and I think you will find in it the origin of all the prejudice against William Apes, which may be traced to those of the whites who are opposed to any change in the present government of Marshpee. If aught can be shown against him, I hope it will be produced here in proof, that the Indians may not be deceived. If no other proof is produced, except his zeal in securing freedom for the Indians, are you not to conclude that it cannot be done. But his individual character has nothing to do with the merits of the question, though I here pronounce it unimpeached.

I will allude to but one other suggestion in the memorial of the Rev. Mr. Fish, [page 10.] To show the necessity of continuing the present laws, he says, "already do we witness the force of example in the visible increase of crime. But a few weeks since, a peaceable family was fired in upon, during their midnight repose; while I have been writing, another has been committed to prison for a high misdemeanor."