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

by William Apess

Rev. WILLIAM APES.

Soon after this, the Selectmen, one of whom was a member of my church, applied to Mr. Fish respecting holding the Camp-meeting on the parsonage. The place selected could not have disturbed Mr. Fish, any more than people passing in carriages in the main road. We had no Meeting-house, our School-houses would not hold the people, and we had no other means but to erect our tents and worship God in the open air. A pious family of whites from Nantucket, came on the ground, and began erecting their tent. Mr. Fish came there in person and ordered them off. The man told him that he had his family there, and had no other shelter for the night but his tent, which he should not remove, but would do so the next day, if he found that he was trespassing on any man's rights. But he added, if Mr. Fish turned him off, he would publish his conduct to the world. Mr. Fish's interference to break up our religious meeting, created much talk, and finally he wrote the following letter to the Selectmen; after which we went on and had our meeting, in a quiet, orderly and peaceful manner, and we believe it was a season of grace, in which the Lord blessed us.

To the Selectmen of Marshpee.

On mature thought, and in compliance with your particular request, I consent to your holding the Camp-meeting, which is this day commenced, on the spot near the river, where the first tent was erected. I consent, (I say,) on the following conditions, viz: That you undertake that no damage come upon the parsonage property, either wood land, or Meeting-house; that no attempt be made to occupy the Meeting-house; that there be no attempt on the Sabbath, or any other day, to interrupt the customary worship at the Meeting-house, and, that peace, order, and quietude be maintained during the time of the Camp-meeting. It is also distinctly understood, that this license is of special favor, and not conceded as your right, and no way to be taken as a ground for similar requests in future, or for encouraging any future acts of annoyance, vexation, or infringement of the quiet possession of the privileges, secured to me by the Laws. And that should any damage be done in any way as aforesaid, you will consider yourselves responsible to the proper authorities.

With my best wishes for your welfare, your friend,

PHINEAS FISH. Marshpee, July 30, 1834.

The reader may now ask, how came Mr. Fish in possession of this property, which he claims to hold by the Laws? I am at liberty to publish here, the following views of the law and the facts in the case, drawn up by legal counsel whom the Selectmen have consulted. And here I take my leave.

OPINION AS TO THE TITLE REV. PHINEAS FISH HAS TO THE PARSONAGE, SO CALLED, IN MARSHPEE.

The first act of the General Court which interfered with the right of the Indians to sell their own lands, all of which they owned in common in Marshpee Plantation, (including what is now called the parsonage,) was in 1650, which provides that no person shall buy land of any Indian without license of the General Court. In 1665, this was extended to grants for term of years. In 1693, the Indians were put under guardianship.

In 1701, an Act was passed specially to protect the Indians in the enjoyment of their lands. [Col. Laws, page 150,] It also shows why the restriction in the sale of their lands was adopted.