Indian Nullification Of The Unconstitutional Laws Of Massachusetts Part 4

We are mortified for the honor of the State, to learn from Barnstable County, that the Court of Common Pleas and Sessions there, (Judge c.u.mmins,) 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 a.s.sociates 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 unconst.i.tutional 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 trespa.s.s, 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 punis.h.!.+ 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 c.u.mmings, 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 p.r.o.nounced, 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, ent.i.tles 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?

The injustice of the proceedings of the Barnstable Court of Common Pleas and Sessions, is here fitly exposed. In empanelling the jury, it is certain that no name of one favorably inclined toward the Indians was selected, and there are many who do not scruple to say, that it was the determination of the Court to condemn them, right or wrong.

Nevertheless, it appeared from the evidence brought, that no fear or alarm whatever had been occasioned to the complainants; and that all they had to complain of was having been hindered from taking away the Marshpees' wood.

It may not be amiss to say here, that when the honorable Judge said he thought it would be well to postpone the case till the next session, the District Attorney, Mr. Warren, replied that he did not think it would be proper, because such a course would involve the Commonwealth in extra expense. I should like to ask what thanks are due to the learned gentleman from the Commonwealth, for subjecting it to continued reproach and disgrace for the sake of a few dollars. Or, can it be that there is no disgrace in persisting in wrong toward Indians?

Let those who think so, think so still; but there are many who think otherwise, and there is one above who knows that they think rightly.

When the witnesses and the pleadings had been heard, the jury retired, for the sake of decency, and presently returned with a verdict of _guilty_. I thought that his Honor appeared to be pleased with it. The judgment was suspended about two hours, when the Court again sat, and the matter was called up. There was not a little said concerning the case. Messrs. Reed, Sumner, Holmes and Nye, of Yarmouth, Boston, Rochester, and Sandwich, all professional men, were opposed to the course pursued by the Court, and thought that an exposition of the law to us and reprimand would be productive of a better effect, than imprisonment, or other severe punishment, which they justly believed would do no good whatever. Their judgment has since been confirmed by public opinion, and by the acts of the Legislature.

Since this affair took place, I have been kindly informed by a gentleman of Barnstable, that my punishment was not half severe enough. I replied that, in my mind, it was no punishment at all; and I am yet to learn what punishment can dismay a man conscious of his own innocence. Lightning, tempest and battle, wreck, pain, buffeting and torture have small terror to a pure conscience. The body they may afflict, but the mind is beyond their power.

The gentleman above mentioned, and one other, have frequently said to the Marshpees, "If you will only get rid of Apes, and drive him off the plantation, we will be your friends." This has been their continued cry since I began to use my poor endeavors to get the Indians righted; and if it is not now universally believed that it is impossible to benefit and befriend the Indians while I am among them, it is not because they have spared any pains to propagate the doctrine. One would think, to hear these gentlemen talk, that they have a strong desire to benefit the Marshpees; and the question naturally arises, what steps they would take to this end, if they had the power. If we are to judge of the future by experience of the past, we may reasonably suppose that they would profit the tribe, by getting possession of their property, and making their own advantage of it.

The Taunton Gazette found fault with the government of the Commonwealth, for having placed the Marshpees under its laws contrary to their wish and consent, and denies its right so to do. This may be considered as in some degree indicative of the feeling of the good people of Taunton; and there are many other towns in Ma.s.sachusetts where a kindly feeling is entertained for our persecuted race. We believe the wish to relieve us from bondage is general throughout the State, and we earnestly hope that a few designing men will not be able to accomplish their selfish ends, contrary to the will of a majority of the people.

The next article is from the Boston Advocate, of December 4, 1833.

TEMPERANCE AMONG THE INDIANS AT MARSHPEE.

The Indians met upon the 11th of October to take into consideration the cause of temperance, and to investigate the evils that King Alcohol has practised upon us, by infusing into our heads fancied riches, fame, honor, and grandeur, making us the sovereigns of the whole earth. But having been so often deceived, beat, abused and tyrannized over, and withal cheated, and robbed, and defrauded by this tyrant, and to cap the climax, almost deprived of our senses, burnt and nearly frozen to death, and all our expectations cut off as to the comforts of life, it was agreed upon, (after an appropriate address from the Rev. William Apes, setting forth the evils of intemperance and its awful effects in wasting away our race, like the early dew, before the morning sun,) by our most influential people to attack this mighty champion, and if possible, overcome him, and shut him up in prison, and set a seal upon him, that he shall deceive our nation no more.

Accordingly a Temperance Society was formed, and the following officers were elected: Rev. William Apes, President; Rev.

Joseph Amos, Vice President; Dea. I. Coombs, and Thomas Hush, Recording Secretaries; Dea. C. Hinson, Corresponding Secretary; Executive Committee, Oakes Coombs, Joseph Tobey, Frank Hicks. Forty-two of the tribe united in the pledge of Temperance.

Nov. 14. We met again, and the President again addressed the meeting, much to the satisfaction of the people. After which many others gave spirited addresses, setting forth the evils of intemperance, in a most pathetic manner. It has caused a wonderful effect, and our brethren are enlisting to take hold and shut up our great enemy in prison, and choke him to death by total abstinence. Friends of Temperance help.

The Society pa.s.sed the following resolutions:

_Resolved_, That we will not countenance the use of ardent spirits among us, in any way whatever; and that we will do all in our power to suppress it. That we will not buy it ourselves, nor suffer it to be in our houses, unless ordered by a physician.

_Resolved_, That this Society shall meet monthly, to regulate itself, and if any one is found to break their pledge, the same shall be excluded, without speedy repentance.

_Voted_, That the above be printed. Sixty-one is found upon our list.

CHRISTOPHER HINSON, _Cor. Sec'y_.

_Marshpee, Nov. 15_.

It appears from this that Indians can be temperate, and have a disposition and desire to benefit themselves. It shows, too, that they are capable of organizing societies, and taking care of their own concerns, as well, to say the least, as any equal number of persons in the Commonwealth; for they certainly feel more strongly interested for themselves than others can be for them.

It will be seen that little was done concerning our tribe, from the session of the Court at Barnstable up to the meeting of the Legislature, though the opposition to us had wealth, talent and power in its ranks. Clergymen, lawyers, physicians, counsellors, Governor, senators, and representatives were arrayed against us; and we Marshpees account all who opposed our freedom, as tories, hostile to the const.i.tution, and the liberties of the country. This is our sincere opinion of them, and it is to us a thing inexplicable that his Excellency, the then Governor, should have seen fit to place himself at their head.[8] We desire to thank our Maker that they found themselves in the minority of the people, and fell in the esteem of Christian and benevolent persons who heard of their conduct. We thank the majority of the controllers of public affairs, that they had more sense than to think of holding the rightful lords of the soil in bondage any longer, for the gratification of selfish and unjust men. Honorable is it to Ma.s.sachusetts that there are enough good and upright men in authority, to counteract the measures of those of a different character, and remedy the evils they may occasion.

I shall now proceed to present to my brethren, an Indian's appeal to them, and the laws framed by the Legislature for the oppression and moral and political destruction of the Marshpees in by-gone days.

My comments thereupon will be omitted, because, should I say all the subject suggests, it would swell my book to a bulk that would be wearisome to the reader.

AN INDIAN'S APPEAL TO THE WHITE MEN OF Ma.s.sACHUSETTS.

As our brethren, the white men of Ma.s.sachusetts, have recently manifested much sympathy for the red men of the Cherokee nation, who have suffered much from their white brethren; as it is contended in this State, that our red brethren, the Cherokees, should be an independent people, having the privileges of the white men; we, the red men of the Marshpee tribe, consider it a favorable time to speak. We are not free.

We wish to be so, as much as the red men of Georgia. How will the white man of Ma.s.sachusetts ask favor for the red men of the South, while the poor Marshpee red men, his near neighbors, sigh in bondage? Will not your white brothers of Georgia tell you to look at home, and clear your own borders of oppression, before you trouble them? Will you think of this? What would be benevolence in Georgia, the red man thinks would be so in Ma.s.sachusetts. You plead for the Cherokees, will you not raise your voice for the red man of Marshpee?

Our overseers are not kind; they speak, you hear them. When we speak for ourselves, our voice is so feeble it is not heard.

You think the men you give us do us good, and that all is right. Brothers, you are deceived; they do us no good. We do them good. They like the place where you have put them.

Brothers, our fathers of this State meet soon to make laws; will you help us to enable them to hear the voice of the red man?

_Marshpee, Dec. 19, 1833_.

This appeal was published in several of the public prints, in order to make our dissatisfaction manifest.

The next extract is from the Boston Advocate, and shows what opposition was made to the reading of our pet.i.tion in the House of Representatives. The article says all that can be said for itself.[9]

PEt.i.tION OF THE MARSHPEE TRIBE OF INDIANS.

Yesterday morning, in the House, Mr. Cus.h.i.+ng of Dorchester, presented the pet.i.tion of the Proprietors and inhabitants of the Marshpee Plantation, signed by 79 males and 92 females on the plantation, and in behalf of 79 males and 37 females, who are absent from the plantation, and say they will not return to live under the present laws, in all 287: praying for the privilege to manage their own property; for the abolition of the overseers.h.i.+p, that they may be incorporated as the town of Marshpee, with the right to make munic.i.p.al regulations; that one or more Magistrates may be appointed among them; and for a repeal of the existing laws relating to their tribe, with the exception of the law preventing their selling their lands, which they pray may be retained; and for a redress of grievances.

[The Memorial sets forth in detail, the complaints of the tribe, and was drawn up among themselves, without a.s.sistance.

It is represented here by Deacon Coombs, Daniel Amos, and William Apes, all of them well informed Indians, who are deputed by the tribe, and were present in the House yesterday.]

Mr. Cus.h.i.+ng moved that the pet.i.tion be read and referred to a special Committee, to be joined by the Senate.

Mr. Swift of Nantucket, said there was a statement to be made from the Governor and Council, on the subject of the difficulties with the Indians, and he hoped the pet.i.tion would be laid on the table without being read.

Mr. Allen of Pembroke, hoped the motion to read the pet.i.tion would not prevail. We should have in a few days a statement from the Governor and Council, and he hoped nothing would be done until that was received, to prejudice the House.

Mr. Cus.h.i.+ng of Dorchester, was not aware that any objections could be made to the reading of the pet.i.tion, which he considered as a matter of course; nor could he see how a knowledge of the matter could prejudice the House. He presumed the House would not take upon itself to refuse to hear the pet.i.tion of the humblest individual, and he did not fear that they could not control their minds so far as to be ready to give a fair hearing to the other side. The intimation that some doc.u.ment was to come from another source, did not go at all to show that the pet.i.tion ought not to be read. Whether the statement which gentlemen said was to be made, was in aid or explanation of the pet.i.tion did not appear, but the subject was before the House, and ought to receive the attention due to it.

Mr. Lucas of Plymouth, said (as far as we could hear him) that the difficulty in the Marshpee tribe had been caused by an itinerant preacher, who went there and urged them to declare their independence. They proceeded to extremities, and the Governor and Council sent a commissioner to examine the affair, and he made a report to the Council, and until that was heard, he hoped nothing would be heard from the Indians.

It ought first to come before the House. The pet.i.tion originated no doubt, from the itinerant preacher, who had been pouring into their ears discontent until they had a riot, and the rioters were prosecuted with the preacher among them, and he was convicted and imprisoned. Whether any of the pet.i.tioners were among those rioters or not, he did not know.

Mr. Allen of Pembroke, said he had not heard the gentleman from Plymouth. It was not his wish to prevent the pet.i.tioners being heard at a proper time, but he thought the House ought to hear the other side, before any course was taken.

Mr. Robinson of Marblehead, hoped that the attempt would not be persisted in, to withhold from these Indians the common indulgence of having their pet.i.tion read.