Indian Nullification of the Unconstitutional Laws of Massachusetts Relative to the Marshpee Tribe. William Apess
be well to omit, "into the situation of the tribe, in a very forcible and feeling manner, warning them against the rash measures they had already taken or adopted."
Mr. Fiske then pathetically stated his opinions concerning the awful consequences which would result from a violation of the laws, and spoke much at large of the parental feeling of government for the remnant of a once mighty and distinguished race. Wm. Apes replied that the laws ought to be altered without delay; that it was perfectly manifest that they were unconstitutional, and that, even if they were not so, there was nothing in them to authorize the white inhabitants to act as they had done. Being very anxious to learn what amount of good his brethren might expect, he spoke with an energy that alarmed some of the whites present considerably. The Hon. Mr. Reed questioned him as to his right to interfere. He replied that he had obtained it by the adoption of the tribe.
Mr. Reed, if I correctly understood him, answered that the Indians had no right to do such an act; no power to confer such a privilege. I replied, that if the plantation belonged to them, they undoubtedly had a right to give me leave to dwell upon it. Many other things he said of which I could not see the reasonableness and propriety, and therefore we could not come to an agreement.
While these things were being done and said, as I have reason to believe, a warrant for my apprehension was put into the hands of the High Sheriff, who, it appeared to me, was not very desirous to execute it. He approached me, and with some agitation, told me I must go with him to Catuiot; and added, that if I did not accompany him peaceably, he would have out the whole county of Barnstable. I was not conscious of giving any cause for this perturbation of mind, but I suppose others saw my conduct in a different light. It is admitted by all that nothing was done contrary to good order, though I admit, that if I had refused to obey the warrant, the Sheriff would not have been able to enforce it. The fact is I was in no wise unwilling to go with him, or to have my conduct brought to the test of investigation, or to give all the satisfaction that might be required, had it appeared that I had done wrong. I was also very desirous to have the truth appear, viz. that it was not the intention or wish of the Marshpees to do violence or shed blood.
The Sheriff told me that I should not suffer any injury or injustice, and that I should have a hearing in the presence of my friend, Mr. Fiske. I went with him very quietly. The excitement ran very high, and almost all Cotuet was present at my examination. If wishes could have availed, I doubt not that I should have been ruined forever. I was arraigned on three charges: for riot, assault, and trespass; and pleaded NOT GUILTY.
The Messrs. Sampsons, four in number, were called, and testified as follows, That on the first day of July, between eight and nine, A.M. they were carting wood from the Marshpee plantation, that they were hailed by Wm. Apes, and forbidden by him to take any wood away until a settlement with the overseers should have been had; that the said Apes threatened them that he would call his men if they persisted, who would "cut up a shine with them,"[4] (the Sampsons.) They all agreed, however, that no unchristian temper was manifested, and no indecorous language used. They admitted that they had no fear for their personal safety, and that no harm was done to any of the persons concerned, save unloading their teams, and ordering them to depart.
Now if I had taken any neighbors' wood without his leave, and he had thrown it out of my cart, and told me to go away, and had given me no farther molestation, I should think I had gotten off very easily. If a poor Indian wishes to get into a jail or penitentiary, that is just the course I would advise him to pursue. I leave it to the reader to say who were the persons aggrieved and injured, and that had the right to complain of trespass.
It was thought proper, by those who had the power so to do, to bind me over to appear and take my trial before the Court of Common Pleas, at the next session, in the sum of two hundred dollars, and sureties for the like amount were also required. Compliance was not difficult. I had only to send for Lemuel Ewer, Esq. of South Sandwich, who had, in former times, been the treasurer of the tribe, knew their wrongs, and was their friend. It was well for me that there was one man who knew on which side the right lay, and had the courage to support it, for I verily believe that no other person would have dared to become my bondsman. I owe Mr. Ewer the justice further to say that he has done much to advance the interests of the Marshpee tribe, by giving information respecting them to the Legislative body, for which we cannot easily show our gratitude.
The Cotueters now waxed exceedingly wroth at what Mr. Ewer had done. Truth had been shot into their hearts, and if I should say that they bellowed like mad bulls, and spouted like whales, gored mortally by the harpoon, I do not think the figure of speech would be too strong. Mr. Crocker, the contractor or agent, for our wood, felt himself especially aggrieved that I had gotten bail, and was let loose upon the plantation, to hinder him in his business. His life, he thought, would be in danger. There was a great deal of loose talk and a pretty considerable uproar.
While I was waiting for Mr. Ewer, to bail me, I had some conversation with the Hon. J.J. Fiske, who expressed himself concerned about the Indians, and thought that something ought to be done. I said to him that my object was to get them righted, and allowed that I might possibly have gone too fast and far. In this I am now satisfied that I was mistaken. I believe that neither I nor any of my brethren went fast enough. I think there is no white man, Christian or Infidel, who would have shown half so much forbearance as we did in the like circumstances. Mr. Fiske said he would do all he could for me, and I have no doubt that he did so. It was very proper in him to endeavor to quiet the whites. The Indians were already quiet, and had no disposition to be otherwise.
Nevertheless, it seemed to be the common opinion that the imprisonment of Apes would frighten the rest of the tribe, and cause them to forego their efforts to recover their rights. Had this been the case, they might have carted a few more good suppers and dinners out of our woods, and have eaten them on their town meeting days, for two or three days together, twice in the year, and have thrown the bones and crusts to the poor, old and ignorant, among the natives, as they had done, year after year. The missionary, as usual, might have helped them to devour the spoil, and have seen his flock degraded and abused, before his eyes. Much was also said about the pains that had been taken to educate the Marshpees, and it was averred, that, instead of going to the schools opened for them, they preferred going about the country picking berries, and basket making. Mr. Crocker said he had been at great pains to induce the Indians to go to school. Let him who has been prejudiced against the Marshpees, by such argument, look at the legislative act of 1789, section 5, for the regulation of the plantation, prohibiting the instruction of the Marshpees, in reading and writing, under pain of death. Who, then, dared to teach them?
Mr. Hawley, the former missionary, spent fifty or sixty years in Marshpee. He is mentioned in the history of Berkshire County, as a schoolmaster, for the Mohawks, Onedias and Tuscaroras, in 1748, and nothing more is known of him, up to his arrival in Marshpee. Thither he came to teach, in A.D. 1757, and there he staid till his death. What his care to educate the tribe was, may be judged from the facts that he did not teach one Indian to read during his residence among them, as I am informed by those who knew him. He had probably imbibed the opinion that the natives were incapable of being taught, and therefore spared himself trouble that he thought would be of no use. Nevertheless, he was willing to preach to them, and had a good portion of their land set off for his support. Truth obliges me to say that not one Indian was converted during the fifty years of his ministry. The neighbouring whites were the sole recipients of the good resulting from his labors, if there was any. Speaking on this subject, the Rev. Cotton Mather Smith says that the arrangements for managing Indian schools were never thoroughly made; admirable as was the general plan, and much as it promised. I think I may safely vouch for the truth and honesty of the reverend gentleman's admission.
Mr. Fish succeeded Mr. Hawley, in 1809, and was confirmed in his office by the authorities at Harvard, and the white overseers at Marshpee. The arrangement was sanctioned by the General Court, in 1811; contrary to law, as we think. Surely it takes two sides to make a bargain, and the consent of the Indians was never asked or obtained. Both of the divines mentioned above were willing to have the use of the property of the Marshpees; I fear, under a mere pretext of doing them good; and, therefore, that they and the overseers might have a support from the plantation, the owners were constantly proclaimed to be savages. I wonder what the whites would say, should the Indians