Indian Nullification Of The Unconstitutional Laws Of Massachuse

Chapter 2

Chapter 24,078 wordsPublic domain

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.

Some feared that an insurrection might break out among the colored people, in which blood might be shed. Some called me an imposter, and others approved of my proceedings, especially the Quakers, whom I ever found benevolent and ready to help us. Their generous good will toward colored people of all races is well known. I feel bound to say, too, that there were others of the highest respectability in those parts who were anxious that their red brethren should obtain their rights and redress of their grievances.

When the time I had fixed for my return to my friends at Marshpee arrived, I turned thitherward, and reached the place on the sixth of June. Here I met the blind preacher, whom I had never before seen. He bade me welcome, and cordially agreed to join me in my labors, saying that God had listened to his prayers. He had for several years prayed for an assistant, and now consented to labor in conjunction with me for the spiritual and temporal advantage of our brethren. We went through the plantation together. On the Sabbath there was a large meeting, and the assistance of God enabled me to preach to them, after which we set forth, as a delegation to the Governor and Council in Boston. We stopped at several towns by the way, to discharge our duties, as Christian ministers, and were kindly and hospitably received by the teachers.

When we arrived in Boston, we communicated our business to a certain doctor, who lived in Roxbury. He did not think so favorably of it as we had expected; but, nevertheless, agreed to lay it before the board of trustees, which we presume he did, as he is a man of truth. We told him that we asked for justice, not money, and said that we wished the Marshpee Indians to avoid the meeting-house, if it did not belong to them. With this we left him, and have never heard from him from that day to this. He is gone where his deeds done in the flesh will receive their just reward; which I hope is a crown of blessedness and glory.

We did not find the Governor in Boston; but were advised to wait on Mr. Armstrong, the Lieut. Governor. We showed him our petition and resolutions, which he said, would avail us nothing, unless enforced. We answered that they would be enforced, at the appointed time. He then suggested that we might have been instigated to the measures in question by some of our enemies; probably meaning some of our unprincipled white neighbors. We replied that ill usage had been our only instigation, and that no one had interfered in the matter. He advised us to deliver our petition to the Secretary of State, to be submitted to the Council at their next session; which we did.

This done, we called on one of the tribe who was engaged in the coasting business, and had done much to teach the Indians, and to bring them to a right knowledge of their degraded condition. He said that he would willingly relinquish his business, and join in the efforts of his brethren to shake off the yoke which galled them; and thereupon it was resolved to hold a convention on the twenty-fifth of June, for the purpose of organizing a new government. He desired to be there, and his name is Daniel Amos.

I now set out for Essex, where my family was living, accompanied by the blind preacher. I put my wife and little ones on board a small vessel, bound for Boston, while I and my blind brother returned thither by land. We all arrived safely, and soon after embarked for Barnstable, where we arrived on the eighteenth of June, and landed at a spot about twelve miles distant from the hospitable Indians. Here we found ourselves breathing a new atmosphere. The people were very little prepossessed in our favor, and we certainly owe them small thanks on the score of hospitality. We succeeded in obtaining the shelter of an old stable for two nights, by paying two dollars. We applied to one individual for accommodations during that time, for one of our party who was sick, but were refused. He said he had no room. If any white man should come to Marshpee and ask hospitality for a night or two, I do not believe that one of the whole tribe would turn him from his door, savages though they be. Does not he better deserve the name who took from us two dollars for sleeping in his stable? This usage made me think that in this part of New England prejudice was strong against the poor children of the woods, and that any aid we might receive must come from the more hospitable Indians, among whom we arrived on the twenty-first, and rested till the twenty-fifth. We regarded ourselves, in some sort, as a tribe of Israelites suffering under the rod of despotic Pharaohs; for thus far, our cries and remonstrances had been of no avail. We were compelled to make our bricks without straw.

We now, in our synagogue, for the first time, concerted the form of a government, suited to the spirit and capacity of free born sons of the forest; after the pattern set us by our white brethren. There was but one exception, viz. that _all_ who dwelt in our precincts were to be held free and equal, _in truth_, as well as in letter. Several officers, twelve in all, were elected to give effect to this novelty of a government; the chief of whom were Daniel Amos, President, and Israel Amos, Secretary. Having thus organized ourselves, we gave notice to the former board of overseers, and the public at large, of our intentions. This was the form of our proclamation:

NOTICE.

_Marshpee Plantation, June 25th, 1833_.

Having heretofore been distressed, and degraded, and robbed daily, we have taken measures to put a stop to these things.--And having made choice of our own town officers to act instead of the whites, and having acquainted the Governor of our affairs and resolutions, he has nothing against our putting them in force.[1] And now we would say to our white friends, we are wanting nothing but our rights betwixt man and man. And now, rest assured that said resolutions will be enforced after the first day of July, 1833. Done at the National Assembly of the Marshpee Tribe, and by the authority of the same.

DANIEL AMOS, _President_.

ISRAEL AMOS, _Secretary_.

Hereupon the Missionary and agents and all who put faith in them, combined together to work our destruction, as is well known to all men.

We then proceeded to discharge all the officers appointed by the Governor and Council, firmly believing that each and every one of the existing laws concerning the poor Israelites of Marshpee was founded on wrong and misconception. We also forwarded a letter and resolution to Gideon Hawley, to the effect that we were dissatisfied with his proceedings with regard to our affairs and with those of the other officers, that we desired their stay among us no longer, that we were seeking our rights and meant to have them, and we therefore demanded of them all a final settlement, and warned them not to violate our regulations. The resolution was as follows:

_Resolved_, That we will no longer accede to your terms after the first day of July next, 1833.

Done by the authority of the Marshpee Tribe.

DANIEL AMOS, _President_.

ISRAEL AMOS, _Secretary_.

We also proceeded to discharge the missionary, telling him that he and the white people had occupied our meeting house long enough, and that we now wanted it for our own use. We likewise gave him notice that we had complained against him to the authorities at Harvard.

Those who had, as we think unlawfully, ruled us hitherto, now awoke in astonishment, and bestirred themselves in defence of their temporal interests. Mr. Hawley was despatched to the Governor at Worcester, to whom he represented the state of affairs in colors which we cannot acknowledge to have been faithful. He stated that the Indians were in open rebellion, and that blood was likely to be shed. It was reported and believed among us that he said we had armed ourselves, and were prepared to carry all before us with tomahawk and scalping knife; that death and destruction, and all the horrors of a savage war, were impending; that of the white inhabitants some were already dead, and the rest dreadfully alarmed! An awful picture indeed.

However, several weeks previous to this the Governor and Council had been apprised of what was going forward, and had authorised one of the Council to visit the tribe, in order to hold counsel, and if possible, restore peace among them. But the first of July arrived before he came, and we did even as we had pledged ourselves to do, having in view no other end than the assertion and resumption of our rights. Two of the whites, indeed, proved themselves enemies to the Indians, by holding themselves in readiness to break up the new government, and daring them to carry it into effect. They were brothers, and one of them has since gone to his reward. Their name was Sampson. They came, in defiance of our resolutions, to take away our wood, in carts. As I was walking in the woods, I discovered them in the act of removing our property, and called to him who was the owner of the teams to come near me. He complied, and appeared much agitated as he approached. I mildly stated to him the views and intentions of the tribe, saying that it was not their design to wrong or harm any man in the least, and that we wished them to desist till we should have had a settlement with the Overseers, after which every thing should be placed upon a proper footing. I begged them to desist, for the sake of peace; but it was to no purpose. They said that they knew what they were about, and were resolved to load their teams. I answered, that the men who owned the wood were resolved to carry their resolutions into force; and asked if they had not seen the notification we had posted up. One of them replied that he had seen, but had not taken much notice of it. I again told them that the owners of the wood were at hand, and by the time one of the teams was laden, the Indians came up. I then asked William Sampson, who was a member of the missionary's church, if he would, even then, unload his team and wait till things were more quiet; to which he replied that he would not. I then, having previously cautioned the Indians to do no bodily injury to any man, unless in their own defence, but to stand for their rights, and nothing else, desired them to unload the teams, which they did very promptly. One of the Sampsons, who was a justice of the peace, forbade them, and threatened to prosecute them for thus protecting their own property, which had no other effect than to incite them to work more diligently. When they had done, I told the justice, that he had, perhaps, better encourage others to carry away what did not belong to them, and desired the teamsters to depart. They said they would, seeing that it was useless to attempt to load the carts. Throughout this transaction the Indians uttered neither a threat nor an unkind word, but the white men used very bitter language at being thus, for the first time, hindered from taking, away what had always been as a lawful spoil to them hitherto.

The defeated Sampsons hurried off to get the aid of legal might to overcome right, and were wise enough to trouble the Indians no further. The tribe were thus left in peaceable possession of all their property. Mr. Fiske stated in his report of the case, that we wanted possession of the mission house; but in this he was mistaken. No such thing was intended or even mentioned among us, though it is true that the meeting-house and the two school houses, and all the land, excepting that on which Mr. Fiske's house stood, were in our hands.

The Indians now made it part of their business to watch their property; being determined to disappoint the rapacity of the whites. They soon learned that the Governor had sent an envoy to deal with them, and the news cheered their hearts not a little; for they earnestly wished for peace and quietness. A verbal message was brought, desiring us to meet him. We replied by asking why the agent did not come to us, if the Governor had sent him for that purpose, instead of going to a tavern and calling on us to come to him there. I now suppose that this proceeding on his part was not so much his fault as that of one Ezra Crocker, who received twenty dollars _per annum_ for entertaining the Indians in his house, and who not unfrequently thrust them out of doors. Nevertheless, we sent the agent an answer in writing, to the following effect.

_To the Honorable Agent sent by the Governor to inquire into our affairs_.

Dear Sir,

We are much gratified to see that the Governor has noticed us so much as to inquire into our affairs. Your request could not be attended to yesterday; our people being very busy in the affairs of the day; but we will meet you with pleasure this morning at nine o'clock, at our meeting-house, there being no other place where we should like to see you for an interview.

DANIEL AMOS, _President. July 4th_, 1833.