William Apess

Indian Nullification of the Unconstitutional Laws of Massachusetts Relative to the Marshpee Tribe

Or, the Pretended Riot Explained
Published by Good Press, 2022
goodpress@okpublishing.info
EAN 4057664571052

Table of Contents


INTRODUCTION.
SECTION 1. A Board of five Overseers was established,. (afterwards reduced to three,) two to be inhabitants of. Barnstable County, and three from an adjoining County. (Now. two are inhabitants of Barnstable and one of Plymouth County.). These Overseers were vested with full power to regulate the. police of the plantation; to establish rules for managing. the affairs, interests and concerns of the Indians and. inhabitants. They may improve and lease the lands of the. Indians, and their tenements ; regulate their streams, ponds. and fisheries; mete out lots for their particular improvement;. control and regulate absolutely, their bargains, contracts,. wages, and other dealings, take care of their poor, and bind. out their children to suitable persons.
AN INQUIRY INTO THE EDUCATION AND RELIGIOUS INSTRUCTION OF THE. MARSHPEE INDIANS.
OPINION AS TO THE TITLE REV. PHINEAS FISH HAS TO THE PARSONAGE, SO. CALLED, IN MARSHPEE.
CONCLUDING OBSERVATIONS.

INTRODUCTION.

Table of Contents

* * * * *

The writer hopes that the public will give him credit for an intention to adhere rigidly to the truth, in presenting his views of the late difficulties of the Marshpee Tribe, as it is as much his wish as his intention to do justice to all his brethren, without distinction of colour. Yet he is sensible that he cannot write truly on this subject without attracting the worst wishes of those who are enemies to liberty, or would reserve it exclusively to themselves. Could he speak without incurring such enmity, he would be most happy to do so; but he is fully aware that he cannot even touch this matter without exposing himself to certain calumny. This has been his portion whenever he has attempted to plead the cause of his ignorant and ever-oppressed red brethren. Nevertheless, he will endeavour to speak independently, as if all men were his friends, and ready to greet him with thundering applause; and he would do so if their voices were to pronounce on him a sentence of everlasting disgrace. He writes not in the expectation of gathering wealth, or augmenting the number of his friends. But he has not the least doubt that all men who have regard to truth and integrity, will do justice to the uprightness of his intentions. (Heaven be praised! there are some such men in the world.) He is equally sure that the evidence contained in this little work will be satisfactory, as to all the points he wishes to establish, to all who are open to conviction.

It is true that the author of this book is a member of the Marshpee Tribe, not by birth, but by adoption. How he has become one of that unfortunate people, and why he concerns himself about their affairs, will now be explained to the satisfaction of the reader. He wishes to say in the first place, that the causes of the prevalent prejudice against his race have been his study from his childhood upwards. That their colour should be a reason to treat one portion of the human race with insult and abuse has always seemed to him strange; believing that God has given to all men an equal right to possess and occupy the earth, and to enjoy the fruits thereof, without any such distinction. He has seen the beasts of the field drive each other out of their pastures, because they had the power to do so; and he knew that the white man had that power over the Indian which knowledge and superior strength give; but it has also occurred to him that Indians are men, not brutes, as the treatment they usually receive would lead us to think. Nevertheless, being bred to look upon Indians with dislike and detestation, it is not to be wondered that the whites regard them as on a footing with the brutes that perish. Doubtless there are many who think it granting us poor natives a great privilege to treat us with equal humanity. The author has often been told seriously, by sober persons, that his fellows were a link between the whites and the brute creation, an inferior race of men to whom the Almighty had less regard than to their neighbours, and whom he had driven from their possessions to make room for a race more favoured. Some have gone so far as to bid him remove and give place to that pure and excellent people who have ever despised his brethren and evil entreated them, both by precept and example.

Assumption of this kind never convinced WILLIAM APES of its own justice. He is still the same unbelieving Indian that he ever was. Nay, more, he is not satisfied that the learned and professedly religious men who have thus addressed him, were more exclusively the favourites of his Creator than himself, though two of them at least have been hailed as among the first orators of the day, and spoke with an eloquence that might have moved stocks and stones. One of them dwells in New York and the other in Boston. As it would avail him little to bespeak the favour of the world in behalf of their opinions by mentioning their names, he will proceed with the matter in hand, viz. the troubles of the Marshpee people, and his own trial.

INDIAN NULLIFICATION, &c.

It being my desire, as well as my duty as a preacher of the gospel, to do as much good as in me lay to my red brethren, I occasionally paid them a visit, announcing and explaining to them the word of life, when opportunity offered. I knew that no people on earth were more neglected; yet whenever I attempted to supply their spiritual wants, I was opposed and obstructed by the whites around them, as was the practice of those who dwelt about my native tribe, (the Pequods,) in Groton, Conn. of which more will be said in another place.

Being on a tour among my brethren in May, 1833, I was often asked why I did not visit my brethren of Marshpee, of whom I had often heard. Some said that they were well provided, and had a missionary, named FISH, who took care of their lands and protected them against the fraud of such of their neighbours as were devoid of principle. Others asserted that they were much abused. These things I heard in and about Scituate and Kingston, where I had preached. Some of those who spoke thus, were connected with the missionary. The light thus obtained upon the subject being uncertain, I resolved to visit the people of Marshpee, and judge for myself. Accordingly I repaired to Plymouth, where I held forth on the civil and religious rights of the Indians, in Dr. KENDALL'S church, and was treated with Christian kindness by the worthy pastor and his people. Dr. KENDALL gave me a letter of introduction to Mr. FISH, at Marshpee. Being unacquainted with the way, I strayed a little from it, and found a number of good Congregationalists of the old school, who invited me to tarry and preach to them in the evening, which I did, to their acceptance; for they and their pastor desired me to remain and preach on the Sabbath, which, however, I could not consistently do. I proceeded thence to Sandwich, where I made my mission known to Mr. COBB, the Orthodox preacher, who appeared to be pleased.

Mr. COBB said that he had agreed to exchange with Mr. FISH, on the Sabbath following, but as it was inconvenient for him to do so, he would give me a line to him. With this furtherance I set forward, and arrived at Mr. FISH's house before sunset, informing those I met on the way that I intended to preach on the next day, and desiring them to advise others accordingly. When I made my business known to Mr. FISH, he treated me with proper kindness, and invited me to preach for him. When I awoke in the morning, I did not forget to return thanks to God for his fatherly protection during the night, and for preserving me in health and strength, to go through the duties of the day. I expected to meet some hundreds of the tribe, and to hear from their lips the sweet song of salvation which should prepare their minds for the words of life, to be delivered by one of the humblest servants of God. I hoped that grace might be given to me to say something to my poor brethren that might be for their advantage in time and eternity; after which I thought I should see their faces no more. I looked to see them thronging around their missionary in crowds, and waited for this agreeable sight with great anxiety.

The time appointed for the service was half past ten. When it arrived, we got into our carriages and proceeded to the Meeting-house, which was about two miles and a half distant. The sacred edifice stood in the midst of a noble forest, and seemed to be about a hundred years old; circumstances which did not render its appearance less interesting. Hard by was an Indian burial ground, overgrown with pines, in which the graves were all ranged North and South. A delightful brook, fed by some of the sweetest springs in Massachusetts, murmured beside it. After pleasing my eyes with this charming landscape, I turned to meet my Indian brethren and give them the hand of friendship; but I was greatly disappointed in the appearance of those who advanced. All the Indians I had ever seen were of a reddish color, sometimes approaching a yellow; but now, look to what quarter I would, most of those who were coming were pale faces, and, in my disappointment, it seemed to me that the hue of death sat upon their countenances. It seemed very strange to me that my brethren should have changed their natural color, and become in every respect like white men. Recovering a little from my astonishment, I entered the house with the missionary. It had the appearance of some ancient monument set upon a hill-top, for a landmark to generations yet unborn. Could Solomon's temple have been set beside it, I think no one would have drawn an architectural comparison. Beautiful as this place was, we had little time to admire it; something more solemn demanded our attention. We were to prepare ourselves for a temple more splendid than ever was built by hands. When the congregation were seated, I arose and gave out the psalm. I now cast my eyes at the gallery, that I might see how the songsters who were tuning their harps appeared; but, with one exception, paleness was upon all their faces. I must do these Indians the justice to say that they performed their parts very well. Looking below, something new caught my attention. Upon two seats, reserved along the sides of the temple for some of the privileged, were seated a few of those to whom the words of the Saviour, as well as his scourge of small cords, might be properly applied, "It is written that my house shall be called the house of prayer, but ye have made it a den of thieves;" for these pale men were certainly stealing from the Indians their portion in the gospel, by leaving their own houses of worship and crowding them out of theirs. The law, perhaps, allowed them to do so. After singing and prayer, I preached one of my humble sermons, after which I attended a Sabbath School, in which a solitary red child might be seen here and there. By what I saw, I judged that the whites were much favored, while the little red children were virtually bidden to stand aside. I understood that the books that were sent to them had been given to the white scholars.

After a slight refreshment, the duty of worship was resumed; and I discovered that plain dealing was disagreeable to my white auditory. I inquired where the Indians were; to which Mr. Fish replied, that they were at a place called Marshpee, and that there was a person called Blind Joe, who tried to preach to them, which was the cause of their absence. Though the said Joe was one of them, he had done them more harm than good. I asked why he did not invite Blind Joe, and get him to preach for him a part of the time. He answered, that that could not be; that Joe was not qualified to preach and instruct. I replied that he could not, perhaps, be sure of that, and that if he had followed the course I had mentioned, it would at least have been the means of uniting the people, which would of itself have been great good. It was then concluded to have a meeting at Marshpee; and, in the afternoon of the next day, I paid the people of that place a visit in their Meeting-house. I addressed them upon temperance and education, subjects which I thought very needful to be discussed, and plainly told them what I had heard from their missionary, viz: That it was their general disposition to be idle, not to hoe the corn-fields they had planted, to take no care of their hay after mowing it, and to lie drunken under their fences. I admonished them of the evil of these their ways, and advised them to consider any white man who sold them rum their enemy, and to place no confidence in him. I told them that such a person deserved to have his own rum thrown into his face. I endeavored to show them how much more useful they might be to themselves and the world if they would but try to educate themselves, and of the respect they would gain by it. Then, addressing the throne of grace, I besought the Lord to have mercy on them and relieve them from the oppressions under which they laboured. Here Mr. Fish cautioned me not to say any thing about oppression, that being, he said, the very thing that made them discontented. They thought themselves oppressed, he observed, but such was not the case. They had already quite liberty enough. I suggested to him the propriety of granting them the privileges enjoyed by the whites about them; but he said that that would never do, as they would immediately part with all their lands. I told him that, if their improvement was his aim, he ought to go among them and inquire into their affairs; to which he replied that he did go at times, but did not say much to them about their worldly concerns. He asked me if I thought it proper to preach about such things. I answered that I thought it proper to do good in any way; that a variety was not amiss, and that such a course would convince his flock that he had their welfare at heart.

I had now appointed to meet my brethren on Wednesday evening following, when I expected to bid them farewell forever; and in the mean while I had obtained a letter of introduction to Mr. Pratt, of Great Marshes. There I gave the audience a word in season, upon the subject of Indian degradation, which did not appear to please them much. I then visited Barnstable, and finding no resting place there for the sole of my foot, I journeyed as far as Hyannis, where I was entertained with hospitality and kindness. On the evening of the fourteenth day, I again preached on the soul-harrowing theme of Indian degradation; and my discourse was generally well received; though it gave much offence to some illiberal minds, as truth always will, when it speaks in condemnation. I now turned my face toward Marshpee, to preach the word there.

I had made up my mind to depart early on the morrow, and therefore, that I might hear of their concerns, and how they fared from their own mouths, I intended to commence my labours early in the day. I had not the least intention of staying with my brethren, because I saw that they had been taught to be sectarians, rather than Christians, to love their own sect and to hate others, which was contrary to the convictions of my own experience as well as to the doctrine of Jesus Christ. What ensued led me to look farther into their case. The lecture I had delivered in the Meeting-house, had wrought well, and a small pamphlet that contained a sketch of the history of the Indians of New England had had a good effect. As I was reading from it, an individual among the assembly took occasion to clap his hands, and with a loud shout, to cry, "Truth, truth!" This gave rise to a general conversation, and it was truly heart-rending to me to hear what my kindred people had suffered at the hands of the whites.

Having partook of some refreshment, we again met to worship God in the School-house; where I believe that the Spirit of the Lord was revealed to us. Then, wishing to know more of their grievances, real or supposed, and upon their invitation, I appointed several meetings; for I was requested to hear their whole story, and to help them. I therefore appointed the twenty-first of May, 1833, to attend a council to be called by my brethren. In the mean while I went to Falmouth, nine miles distant, where I held forth upon the civil and religious rights of the Indians. Some, who apparently thought that charity was due to themselves, but not to the red men, did not relish the discourse; but such as knew that all men have rights and feelings, and wished those of others to be respected as well as their own, spoke favourably of it. Of this number was Mr. Woodbury, the minister, who thought it would do good. I then returned to Marshpee, to attend the council.

The meeting was held in the school-room. Business commenced at about nine in the morning, and continued through the day. The first that arose to speak was an Indian, Ebenezer Attaquin by name. Tears flowed freely down his time-furrowed cheeks, while he addressed us in a manner alike candid and affectionate. The house was well filled.

After listening patiently to the tale of their distresses, I counselled them to apply for redress to the Governor and Council. They answered, that they had done so; but had never been able to obtain a hearing. The white agents had always thrown every obstacle in their way. I then addressed them in a speech which they all listened to with profound attention.

I began by saying that, though I was a stranger among them, I did not doubt but that I might do them some good, and be instrumental in procuring the discharge of the overseers, and an alteration of the existing laws. As, however, I was not a son of their particular tribe, if they wished me to assist them, it would be necessary for them to give me a right to act in their behalf, by adopting me; as then our rights and interests would become identical. They must be aware that all the evil reports calumny could invent, would be put in circulation against me by the whites interested, and that no means to set them against me would be neglected. (Had the inspiration of Isaiah spoken these words, they could not have been more fully accomplished, as is known to the whites of Barnstable County, as well as the Indians.)

Mr. Ebenezer Attaquin, being one of the prayer leaders, replied first, and said, "If we get this man to stand by us, we must stand by him, and if we forsake him after he undertakes for us, God will forsake us also."

Mr. Ezra Attaquin wished to know if I could not come and dwell with them, as so I could do them more good than if abiding at a distance. Mr. Ebenezer Attaquin said in reply, that if such a chance should be offered to a white man, he would be very glad to accept it.

I now inquired what provision could be made for me, if I should consent to their wishes. They answered that their means were small, but that they would provide a house for me to live in, and do what they could for my support. I said that, knowing their poverty, I did not expect much, and gave them to understand that I could dig, and fish, and chop wood, and was willing to do what I could for myself. The subject of religious instruction was then discussed, and the inquiry was made, what should be done with their poor, blind brother, (who was then absent among another sect.) I answered that I was very willing, to unite my labours with his, as there was plenty of work for both of us; and that had I but half a loaf of bread, I would gladly divide it with him. It was then agreed that we should unite, and journey together on the road toward heaven.

The case Of Mr. Fish was next laid before the council, and Complaints were made, that he had neglected his duty; that he did not appear to care for the welfare of the tribe, temporal or spiritual; that he had never visited some of the brethren at all, and others only once in five or seven years; that but eight or ten attended his preaching; that his congregation was composed of white people, to whom his visits were mostly confined, and that it seemed that all he appeared to care for was to get a living, and make as much as he could out of the Indians, who could not see any reason to think him their friend. It was, therefore, agreed to discharge him, and three papers were draughted accordingly. One was a petition to the Governor and Council, a second to the Corporation of Harvard College; the first complaining against the Overseers, and the laws relating to the tribe; and the second against the missionary set over them by Harvard College and the Overseers. The third document was a statement of my adoption into the tribe, and was signed by all present, and subsequently by others, who were not present, but were equally desirious of securing their rights. It was as follows,

To all whom it may concern, from the beginning of the world up to this time, and forever more.

Be it known, that we, the Marshpees, now assembled in the presence of God, do hereby agree to adopt the Rev. William Apes, of the Pequod tribe, as one of ours. He, and his wife, and his two children, and those of his descendants, forever, are to be considered as belonging to the Marshpee tribe of Indians. And we solemly avow this, in the presence of God, and of one another, and do hereby attach our names to the same, that he may take his seat with us and aid us in our affairs. Done at the Council House in Marshpee, and by the authority of the same, May 21st, 1833.

EBENEZER ATTAQUIN, President.

ISRAEL AMOS, Secretary.

To this instrument there are about a hundred signatures, which were affixed to the other papers above mentioned also. The resolutions which were sent to the two bodies were these:

Resolved, That we, as a tribe, will rule ourselves, and have the Constitutionso; for all men are born free and equal, says the Constitutien of the country.

Resolved, That we will not permit any white man to come upon our plantation, to cut or carry off wood or hay, or any other article, without our permission, after the 1st of July next.

Resolved, That we will put said resolutions in force after that date, (July next,) with the penalty of binding and throwing them from the plantation, if they will not stay away without.

These resolutions were adopted by the tribe, and put in force, as will be seen hereafter. It was hoped that, though the whites had done all they could to extinguish all sense of right among the Indians, they would now see that they had feelings as well as other men.

The petition to the corporation of Harvard set forth the general dissatisfaction of the tribe with the missionary sent them by that honorable body, according to the intended application of the Williams Fund. The money was no more intended for Mr. Fish than for any other clergyman; neither had the Indians given him a call. They thought it right to let his employers know that he had not done his duty, because he not only received between five and six hundred dollars from the college, but had possession of five or six hundred acres of the tribe's best woodland, without their consent or approbation, and converted them to his own exclusive use, pretending that his claim and right to the same was better than that of the owners themselves. Not liking this, the Indians solicited his discharge. The document runs thus:

To our white brethren at Harvard College and trustees of the Williams fund, that is under the care of that body, for the important use of converting the poor heathen in New England, and who, we understand, by means of that fund, have placed among us the Rev. Phineas Fish.

We thought it very likely that you would like to know if we, as a people, respected his person and labors, and whether the money was benefiting the Indians or not. We think it our duty to let you know all about it, and we do say, as the voice of one, with but few exceptions, that we as a tribe, for a long time, have had no desire to hear Mr. Fish preach, (which is about ten years) and do say sincerely that we, as a body, wish to have him discharged, not because we have anything against his moral character, but we believe his labors would be more useful somewhere else, and for these reasons,

1st. We, as a people, have not been benefited by his preaching; for our moral character has not been built up, and there has been no improvement in our intellectual powers, and we know of no Indian that has been converted by his preaching.

2d. We seldom see him upon our plantation to visit us, as a people. His visits are as follows—To one house, one visit in one year—to another, two visits in five years—to another one in seven—and to many, none at all. (We would here remark that Mr. Fish has not improved, but rather lost ground; for history informs us that such was the anxiety of the whites, that it was thought best to visit the Indians twice in one year, and preach to them, so as to save them.)

3d. We think that twenty years are long enough for one trial. Another reason is that you and the people think that we are benefited by that fund, or money paid to him for preaching to the Indians—and we are not. White people are his visitors and hearers. We would remark here that we have no objection to worship with our white neighbors, provided they come as they ought to come, and not as thieves and robbers, and we would ask all the world if the Marshpee Indians have not been robbed of their rights. We wonder how the good citizens of Boston, or any town would like to have the Indians send them a preacher and force him into the pulpit and then send other Indians to crowd the whites out of their own meeting house and not pay one cent for it. Do you think the white men would like it? We trow, not; and we hope others will consider, while they read our distressing tale. It will be perceived that we have no objection if hundreds of other nations visit our meeting house. We only want fair play; for we have had foul play enough.

4th. We do not believe but that we have as good a right to the table of the Lord as others. We are kept back to the last, merely because our skins are not so white as the whites', and we know of no scriptures that justify him in so doing. (The writer would here observe, that he wonders any person guilty of a dark skin will submit to such unchristian usage, especially as the minister is as willing to shear his black sheep as his white ones. This being the case, ought he not to pay as much regard to them? Should he turn them loose to shift for themselves, at the risk of losing them?)

5th. We never were consulted as to his settlement over us, as a people. We never gave our vote or voice, as a tribe, and we fully believe that we are capable of choosing for ourselves and have the right to do so, and we would now say to you, that we have made choice of the Rev. Wm. Apes, of the Pequod tribe, and have adopted him as one of ours, and shall hear him preach, in preference to the missionary, and we should like to have him aided, if you can do it. If not, we cannot help it—he is ours—he is ours.

Perhaps you have heard of the oppression of the Cherokees and lamented over them much, and thought the Georgians were hard and cruel creatures; but did you ever hear of the poor, oppressed and degraded Marshpee Indians in Massachusetts, and lament over them? If not, you hear now, and we have made choice of the Rev. Wm. Apes to relieve us, and we hope that you will assist him. And if the above complaints and reasons, and the following resolutions, will be satisfactory, we shall be glad, and rejoice that you comply with our request.

Resolved, That we will rule our own tribe and make choice of whom we please for our preacher.

Resolved, That we will have our own meeting house, and place in the pulpit whom we please to preach to us.

Resolved, That we will publish this to the world; if the above reasons and resolutions are not adhered to, and the Rev. Mr. Fish discharged.

The foregoing addresses and resolutions were adopted by a vote
of the tribe, almost unanimous. Done at the Council House at
Marshpee, May the 21st, 1833.

EBENEZER ATTAQUIN, President.

ISRAEL AMOS, Secretary.

The Hon. Josiah Quincy, President of the College, promised to attend to this matter, said that he had long been satisfied that the money from the Williams fund had not been applied to the object for which it was intended, and hinted at an intention to send no more to Mr. Fish till he should be better informed concerning the matter. (We understood that he actually did retain the money, though he never found leisure to make the inquiry alluded to.) He said that, had it been in the summer, he would have gone himself to the place. Summer has passed away, and we have seen no Mr. Quincy yet. We have heard that he was requested by several gentlemen to come and investigate our affairs, but we suppose he thinks that the poor Marshpees cannot have been wronged. However, as nothing has been done, we think it is time that the public should be made aware of our views and intentions.

Leaving Marshpee for New Bedford, I preached at several places on my way, and delivered lectures on Indian affairs. Many of the advocates of oppression became clamorous, on hearing the truth from a simple Indian's lips, and a strong excitement took place in that quarter.