Chapter III: Part 3

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 Massachusetts 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 passed 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 constitution, 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 Massachusetts 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 MASSACHUSETTS.

As our brethren, the white men of Massachusetts, 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 Massachusetts 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 Massachusetts. 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 petition in the House of Representatives. The article says all that can be said for itself.[9]

PETITION OF THE MARSHPEE TRIBE OF INDIANS.

Yesterday morning, in the House, Mr. Cushing of Dorchester,
presented the petition 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 overseership, that they may be incorporated as the town of
Marshpee, with the right to make municipal 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 assistance.
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. Cushing moved that the petition 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 petition would
be laid on the table without being read.

Mr. Allen of Pembroke, hoped the motion to read the petition
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. Cushing of Dorchester, was not aware that any objections
could be made to the reading of the petition, 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
petition 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 document was to come from another source, did not go at
all to show that the petition ought not to be read. Whether
the statement which gentlemen said was to be made, was in aid
or explanation of the petition 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 petition
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
petitioners 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 petitioners
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 petition read.

Mr. Loring of Hingham, understood that this was the same
petition which went before the Governor and Council, [Mr. L.
was misinformed; It is a different petition,] and as it was
very long, it would take up time unnecessarily to read it. He
hoped it would be laid on the table.

Mr. Allen of Worcester, thought those who opposed the reading
were in fact increasing the Importance of the petition by that
course. If the House should refuse to hear it read, a
course he did not remember had ever been adopted toward any
respectful petition, from any quarter, it would become a
subject of much more speculation than if it took the ordinary
course.

Mr. H. Lincoln of Boston, was surprised to hear an objection
raised to the reading of this petition. It was due to the
character of the House, and to our native brethren the
petitioners, whose agents were here on the floor, that they
should be heard, and heard patiently. He hoped that out of
respect to ourselves, and from justice to the petitioners,
their petition would find every favor, which in justice ought
to be extended to it.

Mr. Swift of Nantucket, again urged that the petition ought
not to be read, until the report from the Governor and Council
was first heard.

Mr. Chapman.--The petitioners have a constitutional right to
be heard. I know not of what value that provision is which
gives a right to petition, if the House can refuse to hear the
petition. They do not ask for action, but to be heard. It can
be read and laid on the table. So long as I hold a seat in
this House, my hand shall be raised to give a hearing to the
humblest individual who presents a petition for redress of
grievances.

Mr. Loring of Hingham hoped the idea could not be entertained
that they wished to throw this subject out of the House. He
wanted the whole subject should be brought up, and not that
this petition should go in first. It was not his wish to
prevent the petitioners being heard.

The Speaker put the question, shall the petition be read? and
it was carried in the affirmative, nearly every hand in the
House being raised. In the negative we saw but five hands. The
petition was then read by the Speaker.

Mr. Roberts of Salem moved that it be laid on the table and
printed for the use of the House, as there must be a future
action of the House upon it. The motion was carried without
objection.

The attempt to prevent the petition of the Marshpee Indians
from being read, was repelled in the House with an unanimity
which shows the value the Representatives place upon the right
of petitioning. The poor Indians are without advice or counsel
to aid them, for they have no means to fee lawyers, but they
will evidently find firm friends in the House ready to do them
justice. This is no party question. It involves the honor of
the State. Let all be done for them that can be wisely done
in a spirit of paternal kindness. Let it not be shown that our
sympathy for Indians extends only to those at the South, but
has no feeling for our own.

* * * * *

[_From the same_.] THE MARSHPEE INDIANS.

The laws which regulate this remnant of a once powerful tribe
of Indians, are not familiar to many, and it is one great
defect in the present system, that these laws are so difficult
of access, and so complex that the Indians neither know nor
comprehend them; and it cannot be expected that they should
live contentedly under oppressive regulations which they do
not understand. Should any new laws be passed, they ought to
be as simple as possible, and be distributed for the use of
the Indians.

By the Act of 1788, Ch. 38, Vol. 1 of Laws, page 342, new
provisions were made, the previous act of 1788, Ch. 2, being
found insufficient "to protect them and their property against
the arts and designs of those who may be disposed to take
advantage of their weakness." The wisdom of the whites, at
that time, invented the following provisions for that purpose:

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.

The Overseers are directed to hold stated meetings, elect a
moderator, secretary and treasurer, and may appoint and
remove guardians over any of the Indians, to act under the
the Overseers, and to carry their regulations into effect, the
guardians to give bonds to the Overseers.

By section 2, the Overseers or the guardians they appoint have
power to demand and receive all property or wages owing to
said Proprietors or any of them, by any person, and may sue in
their own names for its recovery, or for any trespass, fraud
or injury done to their lands or them. They may settle all
accounts and controversies between the Indians or any white
person, for voyages or any services done by them, and may bind
the children of poor proprietors by indenture, to suitable
persons.

SECT. 3. No lease, covenant, bond or bargain, or contract in
writing, is of any validity unless approved by the Overseer or
guardian; and no Indian proprietor can be sued for any goods
sold, services done, &c. or for money, unless the account is
first approved by the Overseers.

[This, it is said, enables the Overseers to sanction the
accounts of those who sell to the Indians upon the expectation
of obtaining the favor of the Overseers, and opens a door for
connivance.]

SECT. 4. The Overseers are to keep a fair account of all
monies, wages, &c. they receive, and all proceeds of the
plantation, and shall distribute to the proprietors their
respective shares and dues, after deducting reasonable expense
of conducting their business, _paying their just debts_, (of
which the Overseers are made the judges,) and providing for
the sick and indigent, from the common profits, and reserving
such sums as can be spared conveniently, for the support of
religious instruction, and schooling children. The accounts to
be laid before the Governor annually. The Governor and Council
appoint the Overseers and displace them at pleasure.

SECT. 5. The Indian Proprietors are prohibited giving any one
liberty to cut wood, timber or hay, to milk pine trees, carry
off any ore or grain, or to plant or improve any land
or tenement, and no such liberty, unless approved by the
Overseers, shall bar an action on the part of the Overseers to
recover. The lands shall not be taken in execution for debt,
and an Indian committed for debt may take the poor
debtor's oath, his being a _proprietor_ to the contrary
notwithstanding.

The last act relating to this tribe, was passed Feb. 18, 1819,
Chap. 105, 2d vol. of Laws, page 487. It provides that no
person thereafter shall be a proprietor of the Plantation,
except a child or lineal descendant of some proprietor, and in
no other way shall this _right_, as it is called, be acquired.
Other inhabitants are called members of the tribe.

The Overseers are to keep a record of names, or census, of all
who are proprietors, and all who are residents or members of
the tribe, a return of which is to be made to the Governor the
last of December.

The Overseers, in addition to all former power, are invested
with all the powers and duties of guardians of the Indians,
whenever such office of guardian shall be vacant. [A very
blind provision, by the way, which it may be as difficult for
white men as for Indians to understand.]

Any person selling ardent spirits to an Indian, without
a permit in writing from the Overseer, from some agent of
theirs, or from a respectable physician, may be fined not more
than fifty dollars, on conviction; and it shall be the duty
of the Overseer to give information for prosecuting such
offenders.

The Overseers may bind out to service, for three years at
a time, any proprietor or member of the tribe, who in their
judgment has become an habitual drunkard and idler, and they
may apply his earnings to his own support, his family's, or
the proprietors generally, as they think proper.

All real estate acquired or purchased by the industry of the
proprietors and members, (meaning of course without the limits
of the plantation,) shall be their sole property and estate,
and may be held or conveyed by deed, will, or otherwise.

If any Indian or other person shall cut or take away any wood,
timber, or other property, on any lands _belonging_ to the
proprietors or members, which is not set off; or if any person
not a proprietor or member, shall do the same on lands that
have been set off, or commit any other trespass, they shall
be fined not over $200, or imprisoned not over two years.
The Indians are declared competent witnesses to prove the
trespass. No Indian or other person is to cut wood without
a permit in writing, signed by two Overseers, expressing the
quantity to be cut, at what time and for what purpose; and the
permit must be recorded in their proceedings before any wood
or timber shall be cut.

[Of this provision, the Indians greatly complain, because it
gives them no more privilege in cutting their own wood than a
stranger has, and because under it, as they say, the Overseers
oblige them to pay a dollar or more a cord for all the wood
they are permitted to cut, which leaves them little or no
profit, and compels the industrious to labour merely for
the support of the idle, while the white men, who have their
teams, vessels, &c. can buy their permits and cut down the
wood of the plantation in great quantities, at much greater
profit than the Indian can do, who has nothing but his axe,
and must pay these white men a dollar or more for carting his
wood, and a dollar or more to the Overseers, thus leaving him
not enough to encourage industry.]

All accounts of the Overseers are to be annually examined by
the Court of Common Pleas for Barnstable, and a copy sent by
the Overseers to the Governor.

Any action commenced by the Overseers, does not abate by their
death, but may be prosecuted by the survivors.

All fines, &c. under the act, are to be recovered before
Courts in Barnstable County, one half to the informer, and the
other to the State. These are all the provisions of the law
of 1819, and these are the provisions under which the tribe is
governed.

As I suppose my reader can understand these laws, and is capable of judging of their propriety, I shall say but little on this subject, I will ask him how, if he values his own liberty, he would or could rest quiet under such laws. I ask the inhabitants of New England generally, how their fathers bore laws, much less oppressive, when imposed upon them by a foreign government. It will be at once seen that the third section takes from us the rights and privileges of citizens _in toto_, and that we are not allowed to govern our own property, wives and children. A board of overseers are placed over us to keep our accounts, and give debt and credit, as may seem good unto them.

At one time, it was the practice of the Overseers, when the Indians hired themselves to their neighbors, to receive their wages, and dispose of them at their own discretion. Sometimes an Indian bound on a whaling voyage would earn four or five hundred dollars, and the shipmaster would account to the overseers for the whole sum. The Indian would get some small part of his due, in order to encourage him to go again, and gain more for his white masters, to support themselves and educate their children with. And this is but a specimen of the systematic course taken to degrade the tribe from generation to generation. I could tell of one of our masters who has not only supported himself and family out of the proceeds of our lands and labors, but has educated a son at College, at our expense.

It is true that if any Indian elected to leave the plantation, he might settle and accumulate property elsewhere, and be free; but if he dared to return home with his property, it was taken out of his hands by the Board of Overseers, according to the unjust law. His property had no more protection from their rapacity than the rest of the plantation. In the name of Heaven, (with due reverence,) I ask, what people could improve under laws which gave such temptation and facility to plunder? I think such experiments as our government have made ought to be seldom tried.

If the government of Massachusetts do not see fit to believe me, I would fain propose to them a test of the soundness of my reasoning. Let them put our white neighbors in Barnstable County under the guardianship of a Board of Overseers, and give them no privileges other than have been allowed to the poor, despised Indians. Let them inflict upon the said whites a preacher whom they neither love nor respect, and do not wish to hear. Let them, in short, be treated just as the Marshpee tribe have been, I think there will soon be a declension of morals and population. We shall see if they will be able to build up a town in such circumstances. Any enterprising men who may be among them will soon seek another home and society, which it is not in the power of the Indians to do, on account of their color. Could they have been received and treated by the world as other people are, there would not be so many living in Marshpee as there are by half.

The laws were calculated to drive the tribe from their possessions, and annihilate them, as a people; and I presume they would work the same effect upon any other people; for human nature is the same under skins of all colors. Degradation is degradation, all the world over.

If the white man desired the welfare of his red brethren, why did he not give them schools? Why has not the State done something to supply us with teachers and places of instruction? I trow, all the schooling the Marshpee people have ever had, they have gotten themselves. There was not even a house on the plantation for the accommodation of a teacher, till I arrived among them. We have now a house respectable enough for even a white teacher to lodge in comfortably, and we are in strong hopes that we shall one day soon be able to provide for our own wants, if the whites will only permit us to do so, as they never have done yet. If they can but be convinced that we are human beings, I trust they will be our hindrance no longer.

I beg the reader's patience and attention to a few general remarks. It is a sorrowful truth that, heretofore, all legislation regarding the affairs of Indians, has had a direct tendency to degrade them, to drive them from their homes, and the graves of their fathers, and to give their lands as a spoil to the general government, or to the several States. In New England, especially, it can be proved that Indian lands have been taken to support schools for the whites, and the preaching of the gospel to them. Had the property so taken been applied to the benefit of its true owners, they would not and could not have been so ignorant and degraded a race as they now are; only forty-four of whom, out of four or five hundred, can write their names. From what I have been able to learn from the public prints and other sources, the amount annually derived to the American people, from Indian lands is not far from six millions, a tax of which they have almost the sole benefit. In the mean while, we daily see the Indian driven farther and farther by inhuman legislation and wars, and all to enrich a people who call themselves Christians, and are governed by laws derived from the moral and pious puritans. I say that, from the year of our Lord 1656, to the present day, the conduct of the whites toward the Indians has been one continued system of robbery.

I suppose many of my readers have heard of the late robbery at Barnegat, and are ready to say, that the like has never been known in this country, and seldom in any other. Now, though two-thirds of the inhabitants, not excluding their magistrates, have been proved to be thieves, I ask, was their conduct worse, or even so bad as that constantly practised by the American people toward the Indians? I say no; and what makes the robbery of my wronged race more grievous is, that it is sanctioned by legal enactments. Why is it more iniquitous to plunder a stranded ship than to rob, and perhaps murder, an Indian tribe? It is my private opinion that King Solomon was not far wrong when he said, "Bring up a child in the way he should go, and when he is old he will not depart from it." He might have said with equal propriety, "in the way he should _not_ go." I am sorry that the puritans knew no better than to bring up their children to hate and oppress Indians. I must own, however, that the children are growing something better than their fathers were, and I wish that the children of Barnegat had had better parents.

The next matter I shall offer is in two more articles from the Boston Advocate. The first is by the Editor.

THE INDIANS.

The arms of the State of Massachusetts, which appear at the
head of all official acts, and upon the seals of office, are
an Indian with his bow and arrows. Over his head is an arm
holding the sword of Justice. Is this sword designed to
protect or oppress the Indians? The Legislature now have the
opportunity to answer this question, and as they answer, will
be the record in history. The principal community of Indians
in this State, the Marshpee tribe, have presented their
complaints before the Legislature. Though an unwise attempt
was made by some few of the Representatives from the
neighborhood of the Indians, to prevent the reading of their
petition, it was received with marked kindness by the House,
and ordered to be printed, a favor which the Indians did not
think of asking.

There is evidently a disposition in the House to prove that
our sympathies are not confined merely to the Georgia Indians,
for political effect.

MR. HALLETT,

I perceive that your paper has spoken a good word now and then
for the native Indians of Massachusetts. There is no class of
human beings in this State, who have more need of a candid and
humane advocate.

I do not know much about the remnants of a once noble and
hospitable race, and yet I know enough to make me grieve for
them, and ashamed of the State.

For about two hundred years, the laws have prohibited Indians
from selling their lands to whites, within this Commonwealth.
This restriction, designed originally to protect the natives
against fraud, has, upon the whole, had an unfavorable effect
upon their happiness. If they had been at liberty to dispose
of their land and depart with the proceeds, or even without
the proceeds, to seek some new location, they would in all
probability have been happier. Nor have these prohibitory laws
had even the poor effect to protect them from the rapacity
of their white neighbors. These have contrived to clip the
corners of those simple people, and to get hold of their
pleasant and fertile vallies in a very surprising manner,
considering the strictness of the law.

But the great ground of complaint is, that no native Indian,
or descendant, is allowed by us _to be a man, or to make
himself a man_, whatever may be his disposition and capacity.
They are all kept in a state of vassalage, under officers,
appointed sometimes by the Governor, and sometimes by
the Legislature. The spot of his own ground, which he
may cultivate, is annually rented out to the Indian by an
overseer; and provisions are doled out to the tribe according
to the discretion of _"Guardians," "Trustees,"_ &c. Their
accounts are presented to the Governor and Council, who allow,
and the Treasurer of the Commonwealth pays them as a matter of
course. I dare not say whether those accounts are in all cases
correct, or not. If they are, we ought to be thankful to
the honesty of the Trustees, &c. not to the wisdom of the
Legislature in providing checks upon fraud.

But the effect upon the _Indians_ is the great question. This
is decidedly bad. They are treated more like dogs than men. A
state of tutelage, extending from the cradle to the grave; a
state of utter dependence, breaks down every manly attribute,
and makes of human creatures, designed to walk erect, creeping
things.

But there is another very great evil, if I am rightly
informed, which calls loudly for the interposition of the
Legislature. The Marshpee and other Indian communities in
this State, are not included within the jurisdiction of any
incorporated town. The consequence is, that they are without
police, except what the Trustees and other officers appointed
by them, exercise. These officers never live among them;
and the consequence is, that the Indian grounds are so
many _Alsatias_, where the vagrant, the dissipated, and the
felonious do congregate. Nor is this the fault of the native.
It is the fault of their State; which, while it has demolished
Indian customs, has set up no regular administration of
municipal laws in their stead. Thus I am informed, that at
Gayhead, spirituous liquors are retailed without license, and
that _it is considered_ that there is no power which can reach
the abuse. There are many industrious and worthy people among
these natives, who are anxious for improvement, and to promote
the education and improvement of their people, but a degrading
personal dependence on the one hand, and the absence of nearly
all incentives and all power to do good on the other, keeps
them down.

The _paupers_ among these natives, who are at some seasons of
the year a majority or nearly all of them, are supported
by the State, and there must be a great opportunity and
temptation to the agents of the government to wrong these poor
people. The agents always have the ear of the government, or
rather they _are_ the government. The Indians have nobody to
speak for them. They are kept too poor to pay counsel. I think
it is not too much to say that almost any degree of injustice,
short of murder, might be done them without any likelihood of
their obtaining redress.

Why should not this odious, and brutifying system be put
an end to? Why should not the remaining Indians in this
Commonwealth be placed upon the same footing as to rights of
property, as to civil privileges and duties, as other men?
Why should they not _vote_, maintain schools, (they have
volunteered to do this in some instances,) and use as they
please that which is their own? If the contiguous towns
object to having them added to their corporations, let them
be incorporated by themselves; let them choose their officers,
establish a police; maintain fences and take up stray cattle.
I believe the Indians desire such a change. I believe they
have gone as far as they are allowed to introduce it. But they
are fettered and ground to the earth.

I am informed that many of the stoutest _whalers_ are produced
among our small Indian tribes. I am also informed, that they
are defrauded by the whites of a great part of their
wages, which would otherwise amount to large sums. If some
respectable men could be trained up and fostered among these
people, their intelligence and influence would be invaluable
to educate, protect and guide their seafaring brethren. Under
such auspices, they would, after the years of peril, return
and settle down with snug independence, be a blessing to their
brethren, and respectable in the sight of all. Now they are
so knocked about, so cheated, preyed upon and brutalized,
that they think of nothing, and _hope_ nothing, but sensual
gratifications; and in consequence, die prematurely, or live
worse than to die.

The Christian philanthropists of Massachusetts little know
the extent of evil, which there is in this respect. I entreat
them, I entreat the constituted authorities, to look to it.

WILLIAM PENN.

I use these pieces chiefly because they partly correspond in truth and spirit with what I have already said. Let our friends but read the laws, and they will see what the sword of the Commonwealth is intended for. In the second article there is a grievous mistake. It says that the government has assisted us. The Marshpee Indians have always paid their full share of taxes, and very great ones they have been. They have defrayed the expense of two town meetings a year, and one of two of the white men whose presence was necessary, lived twenty-five miles off. The meetings lasted three or four days at a time, during which, these men lived upon the best, at our cost, and charged us three dollars a day, and twenty-five cents a mile, travelling expenses, going and coming into the bargain. This amounts to thirty-five dollars a trip; and as there were, as has already been said, two visitations a year, it appears that we have paid seventy dollars a year to bring one visitor, whose absence would have been much more agreeable to us than his presence. Extend this calculation to the number of seven persons, and the other expenses of our misgovernment, and perhaps some other expenditures not mentioned, and see what a sum our tax will amount to.

The next article is from the Boston Advocate of December 27, 1833.

THE MARSHPEE INDIANS.

It was stated in the Barnstable Journal the other day, and has
been copied into other papers, that the Marshpee Indians
were generally satisfied with their situation, and desired no
change, and that the excitement, produced principally by
Mr. Apes, had subsided. We had no doubt this statement was
incorrect, because we had personally visited most of the
tribe, in their houses and wigwams, in August last, and found
but one settled feeling of wrong and oppression pervading the
whole; not a new impulse depending upon Mr. Apes or any other
man, but the result of the unjust laws which have ruled them
like a complete despotism.

The Overseers are not so much to blame as the laws. We doubt
not they have acted honestly; but, in the spirit of the laws,
they have almost unavoidably exercised a stern control over
the property and persons of the tribe. In fact the laws, as
they now stand, almost permit the Overseers, with impunity,
to sell the Indians for slaves. They can bind them out as they
please, do as they please with their contracts, expel them
from the plantation almost at will, and in fact use them
nearly as slaves. We do not think they have intentionally done
wrong to the Indians, but the whole system of government is
wrong; and hence the unalterable dislike the Indians have to
their Overseers. No better men could be appointed, that
we know of; but the best men must play the tyrant, if they
execute the present laws, designed as they are to _oppress_,
and not to protect the poor Indians.

We have known these Indians, from our youth up. They live near
our native home. The first pleasure we ever derived from the
exercise of benevolence, was in satisfying the calls of their
women and children for bread, at our father's door, and we
always found them kind hearted to those who were kind to
them. We have often met with them to worship in their rural
meeting-house, and have again and again explored with the
angling rod, the romantic stream, abounding with the nimble
trout, which courses through their plantation.

For those reasons, and these alone, we felt it our duty to
give them an opportunity to be heard through the columns of
our paper, while all others were closed to them, or cold to
their complaints. If we can do them any good, we shall have
a full reward in the act itself. We have it already in the
simple tribute of gratitude, which they have unexpectedly
bestowed upon our poor services.

They have sent us a communication, which is signed by the best
men in the tribe. We know most of these names, and they belong
to the most sensible and most industrious to be found on the
plantation. Will other papers publish this simple appeal to
the justice of the white men? It is useless to say after this,
that the Indians of Marshpee are content with their condition.
Something must be done for them.

MARSHPEE INDIANS.

"MR. HALLETT,

It has been stated in some of the papers that the Marshpee
Indians are generally satisfied with their situation, and the
conduct of the Overseers, and want no change. It is also said
that the most industrious men on the plantation are opposed
to petitioning the Legislature to give them the management of
their own property; and they would all have been quiet, if it
had not been for Mr. Apes.

Now we know something of our own rights without being told by
Mr. Apes, or any one. We have confidence in Mr. Apes, and
have seen no reason to doubt that he means well; but our
dissatisfaction with the laws and the Overseers was the same
as it is now, long before Mr. Apes came among us, and he will
have our confidence no longer than while we are satisfied he
does right. If he does wrong, we shall oppose him as soon as
any man, but so long as he honestly aids us in seeking for our
rights, we shall be in his favor. He is only one of us, and
has no more authority over the tribe than any other member
of it. He has been adopted into the tribe, according to the
Indian custom; and as long as he deserves our confidence, we
shall regard him as a friend.

But it is unfair to attempt to prejudice the public against
us, while we are petitioning for our rights. It is not true
that the Indians are satisfied. The Legislature ought not to
be deceived by such stories from interested men. There is
a universal dissatisfaction with our condition, and unless
something is done to relieve us, the whole tribe must suffer,
and they will feel as if they must give up all hope of
improving their condition. We wish you to publish this with
our names, that the public may not be deceived.

Daniel B. Amos,
James Hush,
Ezra Attaquin,
Christopher Hinson,
Aaron Keeter,
Joseph Pocknet,
Nicholas Pocknet,
David Wilbur,
William X[Note: sideways X] Jones, (his mark,)
Isaac X[Note: sideways X] Simons, "
Oaks A. Coombs,
Isaac Coombs,
James Lowes,
George Cannada,
Richard Simon,
Daniel X[Note: sideways X] Pocknet, (his mark,)
Peter X[Note: sideways X] Squib, "
Joseph X[Note: sideways X] Squib, "
Jacob X[Note: sideways X] Pocknet, "
Israel Amos,
David Mingo.

N.B. There could be a host of names procured, but we think
here are enough to satisfy the whole earth that we are _not_
satisfied to remain in bondage.

We also feel very grateful for the patriotic and benevolent
course that the worthy editor, Mr. Hallett, has pursued, in
laying our claims and oppression before the public, especially
as he has done it without asking the least compensation.
We rejoice to find such friends, for we believe them to be
Christians, and impartial philanthropists.

Gentlemen and ladies of other papers are not forgotten. The
Indian's heart swells with gratitude to them for noticing us;
and we wish that editors who are friends to our rights, would
please notice the above.

Done at a regular meeting at Marshpee, Dec. 23, 1833.

DANIEL B. AMOS, _Sec'y. Marshpee, Dec. 23, 1833_."

I quote these articles only because they serve to show that there was a disposition prevalent among the editorial fraternity, to prejudice the people at large against the rights and liberties of the Indians.

After our petition had been presented, our delegates obtained admission into the Hall of the Representatives, where they were privileged to tell their own story. Our enemies endeavored to hinder them even of this, though without success; and thankful are we that they did not succeed. It will be seen from the following, that the delegation were not unmindful of their duty.

The address of the Marshpee Indians at Boylston Hall, last
evening, was listened to with great attention, by a crowded
house, and with approbation, too, if we may judge from the
repeated marks of applause.

The address at the State House last Friday evening was also
attended by an overflowing house. We were unable to get in,
and cannot, therefore, say what effect was produced by it.

The next is from the Liberator of Jan. 25, 1834.

THE MARSHPEE INDIANS.

This is a small tribe, comprising four or five hundred
persons, residing at the head of Cape Cod, in Barnstable
County. They have long been under the guardianship of the
State, treated as paupers, and subjected to the control of a
Board of Overseers. A memorial from them was presented to
the Legislature last week, (written entirely by one of their
number,) in which they set forth the grievances which are
imposed upon them, the injustice and impolicy of the laws
affecting their tribe, the arbitrary and capricious conduct of
the Overseers, and the manner in which they are defrauded
of the fruits of their labor; and earnestly beseech the
Legislature to grant them the same liberty of action as is
enjoyed by their white brethren, that they may manage their
own concerns, and be directly amenable to the laws of the
State, and not to their present Overseers.

A delegation from this tribe is now in this city, consisting
of Deacon Coombs, Daniel Amos, and William Apes. The use of
the Hall of the House of Representatives having been granted
to them, they made a public statement of their situation
and wants to a crowded audience on Friday evening last,
principally composed of members of the House; and were
listened to most respectfully and attentively.

Deacon Coombs first addressed the assembly, in a brief but
somewhat indefinite speech; the purport of which was, that,
although by taking side with the Overseers, he might have
advanced his own interests, he nevertheless chose to suffer
with his people, and to plead in their behalf. Their condition
was growing more and more intolerable; excessive exactions
were imposed upon them; their industry was crippled by
taxation; they wished to have the Overseers discharged.

Daniel Amos next addressed the meeting. He said he was aware
of his ignorance; but although his words might be few, and his
language broken, he as deeply sympathized with his suffering
constituents, as any of his tribe. He gave a short sketch of
his life, by which it appeared that he went at an early period
on a whaling voyage, and received some bodily injury which
incapacitated him from hard labor for a long time. He sought
his native home, and soon experienced the severity of those
laws, which, though enacted seemingly to protect the tribe,
are retarding their improvement, and oppressing their spirits.
The present difficulties were not of recent origin. He stated,
with commendable pride, that he had never been struck for
ill-behaviour, nor imprisoned for crime or debt; nor was he
ashamed to show his face again in any place he had visited;
and he had been round a large portion of the globe. The
memorial before the Legislature had been read to the tribe;
some parts had been omitted at their request; and nothing had
been sent but by their unanimous consent. After vindicating
the character of Mr. Apes, and enumerating some of the
complaints of the tribe.

He was followed by William Apes, who, in a fearless,
comprehensive and eloquent speech, endeavored to prove that,
under such laws and such Overseers, no people could rise
from their degradation. He illustrated the manner in which
extortions were made from the poor Indians, and plainly
declared that they wanted their rights as men and as freemen.
Although comparatively ignorant, yet they knew enough to
manage their own concerns more equitably and economically than
they were then managed; and notwithstanding the difficulties
under which they labored, their moral condition was improving.
There was not so much intemperance among them as formerly;
many of the tribe were shrewd, intelligent and respectable
men; and all that was necessary to raise up the entire mass
from their low estate, was the removal of those fetters
and restrictions which now bind them to the dust. Mr. Apes
described the cause and the extent of the disturbance
which took place last summer, and which resulted in his
imprisonment. The head and front of their offending was in
going into the woods, and unloading a cart, and causing it to
be sent away empty. The reason for that procedure was, that
they wished no more wood to be cut until an investigation of
their rights had been made. They used no violence; uttered no
oaths; made no throats; and took no weapons of defence. Every
thing was done quietly, but firmly. Mr. Apes wished to know
from whence the right to tax them without their consent, and
at pleasure, and subject them to the arbitrary control of a
Board of Overseers, was derived? He knew not himself; but he
feared it was from the color of their skin. He concluded by
making a forcible appeal to the justice and humanity of the
Legislature, and expressing his confidence that the prayer of
the memorialists would not be made in vain.