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

by William Apess

Now what are the facts, upon which this grave allegation against the whole tribe is founded. True, a ball was fired into a house on the plantation, but without any possible connection with the assertion of their rights by the Indians, and to this day it is not known whether it was a white man or an Indian who did it. The "high misdemeanor," was a quarrel between Jerry Squib, an Indian, and John Jones, a white man. Squib accused Jones of cheating him in a bargain, when intoxicated, and beat him for it. The law took up the Indian for the assault, and let the white man go for the fraud.

Respecting then, as we all do, the personal character of the missionary, can you answer his prayer, to continue the present government, in order to protect him in the reception of his present income from the lands of the Indians? Are the interests of a whole people to be sacrificed to one man?

What says the Bill of rights? "Government is instituted for the common good, for the protection, safety, prosperity, and happiness of the people, and not for the profit, honor or private interest of any one man, family, or class of men."

I have now only to consider the report of the Commissioner, Mr. Fiske, who visited Marshpee in July last. The impartiality, candor and good sense of that report, are highly honorable to that gentleman. Deriving his first impressions from the Overseers and the whites, and instructed as he was with strong prepossessions against the Indians, as rebels to the State, the manner in which he discharged that duty, deserves a high encomium. He has my thanks for it, as a friend of the Indians. As far as the knowledge of the facts enabled the Commissioner to go, in the time allowed him, the conclusions of that report, substantiate all the positions taken in defence of the rights of the Indians. The Commissioner was instructed by the then Governor Lincoln, to inform the Indians that the government had no other object than their best good; "let them be convinced that their grievances will be inquired into, and a generous and paternal regard be had to their condition." They were so convinced, and they come here now, for a redemption of this pledge.

But his Excellency seems to have been strangely impressed with the idea of suppressing some rebellion, or another Shay's insurrection. Mr. Hawley, one of the Overseers, had visited the Governor, at Worcester, and because a few Indians had quietly unloaded a wood-cart, the calling out of the militia seems to have been seriously contemplated by the following order, issued to the Commissioner, by the Governor, dated July 5. "Should there be reason to fear the insufficiency of the posse comitatus, I WILL BE PRESENT PERSONALLY, TO DIRECT ANY MILITARY REQUISITIONS."

Think of that, gentlemen of the Committee! Figure to yourselves his Excellency, at the head of the Boston and Worcester Brigades, ten thousand strong, marching to Marshpee, to suppress an insurrection, when scarce twenty old muskets could have been mustered on the whole plantation?

With the utmost respect for his Excellency, I could not refrain on reading this "order of the day," from exclaiming, as Lord Thurlow did, when a breathless messenger informed him that a rebellion had broken out in the Isle of Man—"pshaw—a tempest in a tea pot."

Let us not, however, because the Indians are weak and in-offensive, be less regardful of their rights.

You will gather from the Report of Mr. Fiske, conclusive evidence of the long continued and deep rooted dissatisfaction of the Indians with the laws of guardianship, that they never abandoned the ground that all men were born free and equal, and they ought to have the right to rule and govern themselves; that by a proper exercise of self-government, and the management of their own pecuniary affairs, they had it in their power to elevate themselves much above their present state of degradation, and that by a presentation of new motives for moral and mental improvement, they might be enabled, in a little time, to assume a much higher rank on the scale of human existence. And that the Legislature would consider their case, was the humble and earnest request of the natives.

Is not the conclusion then, from all the facts in the case, that the system of laws persisted in since 1763, have failed as acts of paternal care? That the true policy now is to try acts of kindness and encouragement, and that the question of rightful control over the property or persons of the Indians beyond the general operation of the laws, being clearly against the whites; but one consideration remains on which the Legislature can hesitate: the danger, that they will squander their property. Of the improbability of such a result, Mr. Fiske informs you in his report, [page 26.] He found nearly all the families comfortably and decently clad, nearly all occupying framed houses, and a few dwelling in huts or wigwams. More than thirty of them were in possession of a cow or swine, and many of them tilled a few acres of land, around their dwellings. Several pairs of oxen, and some horses are owned on the plantation, and the Commons are covered with an excellent growth of wood, of ready access to market. Confine the cutting of this wood to the natives, as they desire, and they never can waste this valuable inheritance.