Chapter V: Part 5

It was with the greatest effort this monstrous injustice was
in some degree remedied last winter, by getting the facts
before the Legislature, in spite of a most determined
opposition from those who had fattened for years on the spoils
of poor Marshpee. In all but one thing, a reasonable law was
made for the Indians. That one thing was giving the Governor
power to appoint a Commissioner over the Indians for three
years. This was protested against by the friends of the
Indians, but in vain; and they were assured that this
appointment would be safe in the hands of the Governor. They
hoped so, and assented; but no sooner was the law passed, than
the enemies of the Indians induced the Governor to appoint
as the Commissioner, the person whom of all others they least
wished to have, a former Overseer, against whom there were
strong prejudices. The Indians remonstrated, and besought, but
in vain. The Commissioner was appointed, and to all appeals to
make a different appointment, a deaf ear has been turned. It
seems as if a deliberate design had been formed somewhere, to
defeat all the Legislature has done for the benefit of this
oppressed people.

The consequences have been precisely what the Indians and
their friends feared. Party divisions have grown up among
them, arising out of the want of confidence in their
Commissioner. He is found always on the side of their greatest
trouble; the minister who unjustly holds almost 500 acres of
the best land in the plantation, wrongfully given to him by an
unlawful and arbitrary act of the State, which, in violation
of the Constitution, appropriates the property of the Indians
to pay a man they dislike, for preaching a doctrine they will
not listen to, to a _white_ congregation, while the native
preachers, whom the Indians prefer, are left without a cent,
and deprived of the Meeting-house, built by English liberality
for the use of the Indians. The dissatisfaction has gone on
increasing. The accounts with the former Overseers remain
unadjusted to the satisfaction of the Selectmen. The Indians
have no adviser near them in whom they can confide; those who
hold the power, appear regardless of their wishes or their
welfare; no pains is taken by the authorities to punish the
wretches who continue to sell rum to those who will buy it;
and though the Indians are still struggling to advance in
improvement, every obstacle is thrown in their way that men
can devise, whose intent it is to get them back to a state of
vassalage, that they may get hold of their property. All this,
we are satisfied, from personal inspection, is owing to the
injudicious appointment made by Gov. Davis, of a commissioner,
and yet the Governor unfortunately seems indisposed to listen
to any application for a remedy to the existing evils.

The presses around us, who are so eloquent in denouncing the
President for his conduct towards the Southern Indians, say
not a word in behalf of our own Indians, whose fathers poured
out their blood for out independence. Is this right, and ought
the Indians to be sacrificed to the advantage a single man
derives from holding an office of very trifling profit? Let
us look at home, before we complain of the treatment of the
Indians at the South.

The following; extract refers to the act passed to incorporate the Marshpee District, after so much trouble and expense to the Indians. I should suppose the people of Massachusetts would have been glad to have done us this justice, without making so much difficulty, if they had been aware of the true state of facts.

THE MARSHPEE ACT

Restoring the rights of self-government, in part, to the
Marshpee Indians, of which our legislation has deprived
them for one hundred and forty years, passed the Senate of
Massachusetts yesterday, to the honor of that body, without a
single dissenting vote. Too much praise cannot be given to Mr.
Senator Barton, for the persevering and high-minded manner
in which he has prepared and sustained this act. With two or
three exceptions, but which, perhaps, may not be indispensable
to the success of the measure, it is all the Indians or their
friends should desire, under existing circumstances. The
clause reserving the right of repeal, is probably the most
unfortunate provision in the act, as it may tend to
disquiet the Indians, and to give the Commissioner a sort of
threatening control, that will add too much to his power, and
may endanger all the benefits of the seventh section. This
provision was not introduced by the Committee, but was opposed
by Messrs. Barton and Strong, as wholly unnecessary.

[_Daily Advocate_.

* * * * *

SMALL MATTER.

In the resolve allowing fees to the Marshpee Indians, who have
attended as witnesses this session, the high-minded Senator
Hedge of Plymouth, succeeded in excluding the name of William
Apes, as it passed the Senate; but the House, on motion of
Col. Thayer, inserted the name of Mr. Apes, allowing him his
fees, the same as the others. Mr. Hedge made a great effort
to induce the Senate to non-concur, but even his lucid and
_liberal_ eloquence failed of its _noble_ intent, and the
Senate concurred by a vote of 13 to 6. Mr. Hedge must be
sadly disappointed that he could not have saved the State
twenty-three dollars, by his manly efforts to injure the
character of a poor Indian. Mr. Hedge, we dare say, is a
descendant from the pilgrims, whom the Indians protected at
Plymouth Rock! He knows how to be _grateful_!

[_Daily Advocate_.

It appears that I, William Apes, have been much persecuted and abused, merely for desiring the welfare of myself and brethren, and because I would not suffer myself to be trodden under foot by people no better than myself, as I can see. In connection with this, I say I was never arraigned before any Court, to the injury of my reputation, save once, at Marshpee, for a pretended riot. An attempt to blast a man merely for insisting on his rights, and no more, is a blot on the character of him who undertakes it, and not upon the person attempted to be injured; let him be great or small in the world's eyes. I can safely say that no charge that has ever been brought against me, written or verbal, has ever been made good by evidence in any civil or ecclesiastical court. Many things have been said to my disparagement in the public prints. Much was said to the General Court, as that I was a gambler in lotteries, and had begged money from the Indians to buy tickets with. This calumny took its rise from certain articles printed in the Boston Gazette, written, as I have good reason to believe, by one Reynolds, a proper authority. He has been an inmate of the State prison, in Windsor, Vermont, once for a term of two years, and again for fourteen, as in part appears by the following certificate of a responsible person.

CONCORD, N.H. JUNE 27, 1832.

_To all whom it may concern_.

This may certify, that _John Reynolds_, once an inmate
of Vermont State Prison, and since a professed Episcopal
Methodist, and also a licensed local preacher in Windsor,
Conn. came to this place about June, 1830, recommended by
Brother J. Robbins, as a man worthy of our patronage; and of
course I employed him to supply for me in Ware and Hopkinton,
(both in N.H.) in which places he was for a short time,
apparently useful. But the time shortly arrived when it
appeared that he was pursuing a course that rendered him
worthy of censure. I therefore commenced measures to put him
down from preaching; but before I could get fully prepared for
him, he was gone out of my reach. I would however observe, he
wrote me a line from Portsmouth, enclosing his license, also
stating his withdrawal from us; and thus evaded trial. We
have, therefore, never considered him worthy of a place in any
Christian church since he left Hopkinton, in May, 1831. And
I feel authorized to state, that he does not deserve the
confidence of any respectable body of people.

E.W. STICKNEY, Circuit Preacher,
In the Methodist Episcopal Church.

His wrath was enkindled and waxed hot against me, because I thought him scarce honorable enough for a high priest, and could not enter into fellowship with him. I opposed his ordination as an elder of our church, because I thought it dishonor to sit by his side; and he therefore tried to make me look as black as himself, by publishing things he was enabled to concoct by the aid of certain of my enemies in New York. They wrote one or two letters derogatory to my character, the substance of which Reynolds took the liberty to publish. For this I complained of him to the Grand Jury in Boston, and he was indicted. The following is the indictment:

The Jurors for the Commonwealth of Massachusetts, on their
oath present, that John Reynolds of Boston, Clerk, being a
person regardless of the morality, integrity, innocence and
piety, which Ministers of the Gospel ought to possess and
sustain, and maliciously devising and intending to traduce,
vilify and bring into contempt and detestation one William
Apes, who was on the day hereinafter mentioned, and still is a
resident of Boston aforesaid, and duly elected and appointed
a minister of the gospel and missionary, by a certain
denomination of Christians denominated as belonging to
the Methodist Protestant Church; and also unlawfully and
maliciously intending to insinuate and cause it to be
believed, that the said William Apes was a deceiver and
impostor, and guilty of crimes and offences, and of buying
lottery tickets, and misappropriating monies collected by
him from religious persons for charitable purposes, and for
building a Meeting-house among certain persons called Indians.

On the thirteenth day of August now last past, at Boston
aforesaid, in the County of Suffolk aforesaid, unlawfully,
maliciously, and deliberately did compose, print and publish,
and did cause and procure to be composed, printed and
published in a certain newspaper, called the "Daily Commercial
Gazette," of and concerning him the said William Apes, and of
and concerning his said profession and business, an unlawful
and malicious libel, according to the purport and effect, and
in substance as follows, that is to say, containing therein
among other things, the false, malicious, defamatory and
libellous words and matter following, of and concerning said
William Apes, to wit: _convinced at an early period of my_
(meaning his the said Reynolds) _acquaintance with William
Apes_, (meaning the aforesaid William Apes,) _that he_
(meaning said William,) _was not what he_ (meaning said
William,) _professed to be; but was deceiving and imposing
upon the benevolent and Christian public_, (meaning that said
William Apes was a deceiver and impostor,) _I_ (meaning said
Reynolds,) _took all prudent means to have him_ (meaning
said William,) _exposed, and stopped in his_ (meaning said
William,) _race of guilt_, (meaning that said William had been
guilty of immorality, dishonesty, irreligion, offences and
crimes;) _these men_, (meaning one Joseph Snelling and one
Norris,) _were earnestly importuned to investigate his_
(meaning said William,) _conduct, and enforce the discipline_
(meaning the discipline of the church,) _upon him_ (meaning
said William,) _for crimes committed since his_ (meaning
said William's) _arrival in this city_, (meaning said city of
Boston, thereby meaning that said William Apes had been guilty
of crimes in said Boston,) _though well acquainted with
facts, which are violently presumtive of his_ (meaning said
William's) _being a deceiver, his_ (meaning said William's)
_friends stand by him_, (meaning said William's) _and will not
give him_ (meaning said William,) _up, though black as hell_,
(meaning that said William was a deceiver, and of a wicked and
black character.) _When I am informed that he_ (meaning said
William) _is ordained_, (meaning as a minister of the gospel,)
_that he_ (meaning said William,) _is by permission of the
brethren travelling, and permitted to collect money to build
the house aforesaid_, (meaning the aforesaid Meeting-house,)
_for his_ (meaning said William's,) _Indian brethren to
worship God in, I shudder not so much because he_ (meaning
said William,) _is purchasing Lottery Tickets_, (meaning that
said William was purchasing Lottery Tickets, and had spent
some of the aforesaid money for that purpose,) _but because I
know of his_ (meaning said William's) _pledge to the citizens
of New York and elsewhere_, to the great injury, scandal, and
disgrace of the said William Apes, and against the peace and
dignity of the Commonwealth aforesaid.

SAMUEL D. PARKER, Attorney of said Commonwealth, within the
County of Suffolk.
PARKER H. PEIRCE, Foreman of the Grand Jury.
A true Copy.--Attest,
THOMAS W. PHILLIPS, Clerk of the Municipal Court of the
City of Boston.

Subsequently, I entered civil actions against two others, for the same offence, and had them held to bail in the sum of fifteen hundred dollars, with sureties. This soon made them feel very sore. They had put it in my power to punish them very severely for giving rein to their malignant passions, and they asked mercy. I granted it, in order to show them that I wanted nothing but right, and not revenge; and that they might know that an Indian's character was as dearly valued by him as theirs by them. Would they ever have thus yielded to an Indian, if they had not been compelled? I presume it will satisfy the world that there was no truth in their stories, to read their confessions, which are as follows:

_Extract from a letter written by David Ayres, to Elder T.F.
Norris, dated New Orleans, April 12, 1833_.

"I have arrived here this day, and expected to have found
letters here from you, and some of my other brethren
respecting Apes' suit. I never volunteered in this business,
but was led into it by others, and it is truly a hard case
that I must have all this trouble on their account."

_Extract of a letter written by David Ayers to William Apes,
dated July 1, 1833_.

"I am, and always have been your friend, and I never expected
that any things I wrote about you, would find their way into
the public papers. I am for peace, and surely I have had
trouble enough. I never designed to injure you, and when all
were your enemies, I was your warm friend."

_Extract from a letter written by G. Thomas to Rev. Thomas F.
Norris, dated New York, July 12, 1833_.

"William Apes might by some be said to be an excepted case;
but when this is fairly explained and understood, this would
not be the fact. My good friends of Boston, and my active
little brother Ayres, are to blame for this, and not me. I had
no malice against him, I never had done other than wish him
well, and done what I hoped would turn out for the best; but
knowing he was liable to error (as) others, and the case being
placed in such colors to me, I awoke up; and being pressed to
give what I did in detail as I thought, all for the good of
the cause and suffering innocence; but I am sorry I ever
was troubled at all on the subject; I thought that brother
Reynolds was a fine catch; but time I acknowledge is a sure
tell-tale. And by the by, they have caught me, and eventually,
unless Apes will stop proceedings, I must bear all the
burthen. Reynolds has got his neck out of the halter, and
Ayres is away South, and may never return; and poor me must be
at all the trouble and cost, if even the suit should go in my
favor. Can I think that Apes will press it? No. I think he has
not lost all human milk out of his breast, and will dismiss
the suit; and, as to my share of the cost, if I was able, that
should be no obstacle. If he will stop it all, if my friends
do not settle it, I will agree to, as soon as I am able."

* * * * *

I hereby certify, that I have copied the foregoing passages
from the letters purporting to be from David Ayres and G.
Thomas, respectively, as above mentioned, and that said
passages are correct extracts from said letters. I further
certify, that, as the Attorney of said William Apes, I acted
for him in the suits brought by him against said Thomas and
Ayres for libel, that while said suits were pending, said Apes
manifested a forgiving and forbearing disposition, and wished
the suits not to be pressed any further than was necessary to
show the falsehood of the statements of said Ayres and Thomas,
and contradict them; and, that he expressed himself willing to
settle with them upon their paying the cost, and acknowledging
their error, in consequence of which, by direction from him,
after he had perused said letters, I accordingly discharged
both suits, the bail of said Thomas and Ayres paying the
costs, which amounted to fifty dollars.

I further certify, that during my acquaintance with said Apes,
which commenced as I think, in March last, I have seen nothing
in his character or conduct, to justify the reports spread
about him, by said Thomas and Ayres; but on the contrary, he
has appeared to me to be an honest and well disposed man.

HENRY W. KINSMAN, No. 33, Court Street. _Boston, November 30,
1833_.

I, the subscriber, fully concur in the above statement.
JAMES D. YATES, Elder of the Methodist Protestant Church.

The original confession of Reynolds being lost, I trust that the following certificate will satisfy the reader that it has actually had existence.

_To whom it may concern_.

This is to certify that I have repeatedly seen, and in one
instance, copied a paper of confession and _retraction_
of Slanders, which the writer stated he had uttered, and
published in papers of the day, against William Apes, the
preacher to the Marshpee tribe of Indians, signed, John
Reynolds, and countersigned as witness, by William Parker,
Esq. The copy taken of the above mentioned confession by the
subscriber, was sent to the Rev. T.R. Witsil, Albany, N.Y.

THOMAS F. NORRIS, President of the Protestant Methodist
Conference, Mass.
Attest,
JAMES D. YATES.
_Boston, May 7, 1835_.

Nevertheless, lest this should not be sufficient, I am prepared to defend myself by written certificates of my character and standing among the whites and natives, (the Pequod tribe,) in Groton. They are as follows:

We the undersigned, native Indians of the Pequod tribe, having
employed Rev. William Apes as our Agent, to assist us, and to
collect subscriptions and monies towards erecting a house to
worship in, do hereby certify, that we are satisfied with
his agency; and that we anticipated that he would deduct
therefrom, all necessary expenses, for himself and family,
during the time he was employed in the agency, as we had no
means of making him any other remuneration.

By permission, FREDERICK X[Note: sideways X] TOBY,
LUCRETIA GEORGE,
By permission, MARY X[Note: sideways X] GEORGE,
By permission, LUCY X[Note: sideways X] ORCHARD,
WILLIAM APES,
By permission, MARGARET X[Note: sideways X] GEORGE.

I, Pardon P. Braton of Groton, in the County of New London,
and State of Connecticut, of lawful age, do depose and say,
that I was present when the above signers attached their names
to the above certificate, by them subscribed, and am knowing
to their having full knowledge of the facts therein contained;
and further the deponent saith not

PARDON P. BRATON.

_Groton, Dec. 3, 1832_.

County of New London, ss.--Groton, Dec. 3, 1832. Personally
appeared, Pardon P. Braton, and made solemn oath to the truth
of the above deposition, by him subscribed. Before me,

WILLIAM M. WILLIAMS, _Justice of the Peace_.

GROTON, INDIAN TOWN, CONN.

This may certify, that we, the subscribers, native Indians
of the Pequod tribe, do affirm by our signatures to this
instrument, that William Apes, Senior, went by our request
as Delegate, in behalf of our tribe, to New York Annual
Conference, of the Methodist Protestant Church, April 2, 1831.
The above done at a meeting of the Pequods, Oct. 6, 1830.

WILLIAM APES, JR. Minister of the Gospel, and Missionary to
that tribe.

As witness our hands, in behalf of our brethren,
By permission, MARY X[Note: sideways X] GEORGE,
By permission, LUCY X[Note: sideways X] ORCHARD,
WILLIAM APES,
By permission, MARGARET X[Note: sideways X] GEORGE.

I, Pardon P. Braton of Groton, New London County, State of
Connecticut, do depose and say, that I am acquainted with the
Pequod tribe of Indians empowering William Apes, Sen. as their
Delegate to the New York Conference, as is above stated; and
further the deponent saith not.

PARDON P. BRATON.

_Groton, Dec. 3, 1832_.

New London County, ss.--Groton, Dec. 3, 1832. Personally
appeared, Pardon P. Braton, and made solemn oath to the truth
of the above deposition, by him subscribed. Before me,

WILLIAM M. WILLIAMS, _Justice of the Peace_.

_To all whom it may concern_.

This may certify, that we, the undersigners, are acquainted
with William Apes and his tribe, of Pequod, and that we live
in the neighborhood with them, and know all their proceedings
as to their public affairs, and that Mr. Apes, as far as we
know, has acted honest and uprightly; and that he has done his
duty to his Indian brethren, as far as he could consistently.
And that he has duly made known his accounts, and appropriated
the monies that was in contemplation for the Indian
Meeting-house, for the Pequod tribe; and we also certify that
said monies shall be duly appropriated.

Dated North Groton, Conn, Aug. 28, 1833.

JONAS LATHAM,
ASA A. GORE,
JOHN IRISH,
WILLIAM M. WILLIAMS.

[Footnote 1: Here we were a little mistaken, not knowing in our ignorance, that we were making the Lieut. Governor commander in chief, and using his name to nullify the existing laws. Nevertheless, our mistake was not greater than many that have been made to pass current by the sophistry of the whites, and we acted in accordance with the spirit of the constitution, unless that instrument be a device of utter deception.]

[Footnote 2: "In respect to the measures you may deem advisable, let them be confined in their adoption to an application of the _civil power_. If there is resistance, the Sheriff will, with your advice, call out the _posse comitatus_, and should there be reason to fear the inefficiency of this resort, I will be present personally, to direct any _military_ requisitions," &c.]

[Footnote 3: Surely it was either insult or wrong to call the Marshpees citizens, for such they never were, from the declaration of independence up to the session of the Legislature in 1834.]

[Footnote 4: I do not recollect uttering this expression, and it is not one that I am in the habit of using. It surprised me much, too, that the Sampsons should all swear alike, when it was impossible that they could have heard alike. If I used the word _shine_, it must have been in speaking to Mr. William Sampson, in a low tone, about fifty yards from the others.]

[Footnote 5: Christmas.]

[Footnote 6: By an Act of the Legislature in April last, 1835, _One Hundred Dollars_ is hereafter to be appropriated annually, from the School Fund, for the public schools in Marshpee. For this liberal act the Marshpees are indebted to the representations made to the Committee on education by their Counsel, B.F. HALLETT, Esq. This is an evidence of the paternal care of the Legislature, for which we can never be too grateful.]

[Footnote 7: Meaning Envoy.]

[Footnote 8: His Excellency LEVI LINCOLN, who proposed to raise a regiment to exterminate our tribe, if we did not submit to the Overseers.]

[Footnote 9: The Counsel for the Indians, B.F. HALLETT, Esq. could not find a member of the House from Barnstable County, who would present the petition. The Indians will not forget that they owed this act of justice to Mr. CUSHING of Dorchester.]

[Footnote 10: Mr. Apes did not attend.]

AN INQUIRY INTO THE EDUCATION AND RELIGIOUS INSTRUCTION OF THE MARSHPEE INDIANS.

On the subject of the means taken to educate the Indians, I will say a few words in addition to what has already been said, because we wish to show that we can be grateful when we have favors bestowed on us. Up to 1835, the State had done nothing for education in Marshpee, except build us two School-houses in 1831.

Last winter the subject came up in the Legislature of distributing the School fund of the State among the towns. A bill was reported to the House, in which Marshpee was made a School District and entitled to receive a dividend according to its population by the United States census. Now this was meant well, and we feel obliged to the Committee who thought so much of us as this; but had the law passed in that shape, it would have done us no good, because we have no United States census. The people of Marshpee, nor the Selectmen knew nothing of this law to distribute the School fund, and our pretended missionary, Mr. Fish, never interested himself in such matters; but our good friend Mr. Hallett, at Boston, thought of us, and laid our claims before the Committee, by two petitions which he got from the Selectmen and from himself, and the Commissioner. We are told that the chairman of the School Committee, Hon. A.H. Everett, took much interest in getting a liberal allowance for education in Marshpee. He was once before a warm friend to the Cherokees, and his conduct now proved that he was sincere. He presented the petitions and proposed a law which would give us one hundred dollars a year forever, for public Schools in Marshpee, which was the largest sum that had been asked for by our friend Mr. H. A number of gentlemen spoke in favor of this allowance, and all showed that a spirit of kindness as well as justice toward the long oppressed red men, begins to warm the hearts of those who make our laws, and rule over us. We trust we are thankful to God for so turning the hearts of men toward us.

The Bill passed the House and also the Senate, without any objection, and it is now a law of the State of Massachusetts, that the Marshpee Indians shall have one hundred dollars every year, paid out of the School fund, to help them educate their children. Our proportion as a District, according to what other towns receive, would have been but fifteen dollars. By the aid of our friends, and particularly of our counsel, (Mr. H.) who first proposed it, we shall now receive one hundred dollars a year; and I trust the Indians will best show their gratitude by the pains they will take to send their children to good schools, and by their raising as much more money as they can, to get good instructers; and give the rising generation all the advantages which the children of the whites enjoy in schooling. This will be one of the best means to raise them to an equality, and teach them to put away from their mouths forever, the enemy which the white man, when he wanted to cheat and subdue our race, first got them to put therein, to steal away their brains, well knowing that their lands would follow.

The following are the petitions presented to the Legislature, which will give some light on the history of Marshpee.

To the Honorable General Court:

The undersigned are Selectmen and School Committee of the
District of Marshpee. We understand your Honors are going to
make a distribution of the School Fund. Now we pray leave to
say that the State, as the guardians of the Marshpee Indians,
took our property into their possession, so that we could not
use a dollar of it, and so held it for sixty years. We could
make no contract with a school-master, and during that time,
till 1831, we had no school house in Marshpee, and scarcely
any schools. We began to have schools about five years ago,
but still want means to employ competent white teachers
to instruct our children. Our fathers often petitioned the
Legislature to give them schools, but none were given till
1831, when the State generously built us two school-houses.

We also beg leave to remind your Honors that our fathers shed
their blood for liberty, and we their children have had but
little benefit from it. When a continental regiment of
four hundred men were raised in Barnstable county, in 1777,
twenty-seven Marshpee Indians enlisted for the whole war. They
fought through the war, and not one survives. After the war
our fathers had sixty widows left on the Plantation, whose
husbands had died or been slain. We have but one man living
who draws a pension, and not a widow. We pray you, therefore,
to allow to Marshpee, out of the School Fund, a larger amount
in proportion than is allowed to other towns and districts who
have had better means of education, and to allow us a certain
sum per year--and as in duty bound, will ever pray.

EZRA ATTAQUIN, : Selectmen and School
ISAAC COOMBS, : Committee of Marshpee
ISRAEL AMOS, : District.

* * * * *

To the Honorable, the Senate and House of Representatives in
General Court assembled:

The undersigned beg leave to represent in aid of the petition
of the Selectmen and School Committee of the District of
Marshpee, praying for a specific appropriation from the School
Fund for the support of public schools in said district, that
we are acquainted with the facts set forth in said petition,
and believe that the cause of education could no where be more
promoted in any District in the Commonwealth than by making
a specific annual allowance to said Marshpee District. The
Legislature have made a specific annual appropriation of
fifty dollars to the Indians on Martha's Vineyard for public
schools, and the undersigned are of opinion, that an annual
appropriation of double that amount, would be no more than a
fair relative proportion for the District of Marshpee. It is
highly important that the District should be able to employ
competent white teachers, until they can find a sufficient
number of good teachers among themselves, which cannot be
expected until they have enjoyed greater means of education
than heretofore. The undersigned therefore pray that the
petition of said Selectmen may be granted, by giving a
specific annual allowance to said District.

BENJ. F. HALLETT, Counsel for the Marshpee Indians.
CHARLES MARSTON, Commissioner of Marshpee.

Here it will be seen that the missionary for the Indians on Martha's Vineyard, did not go to sleep over his flock, or run after others and neglect what ought to be his own fold, as did the missionary, Mr. Fish, whom Harvard College sent to the Marshpees, and pays for preaching to white men. Mr. Bayley, the white missionary on the Vineyard, as I understand, took pains to send a petition to Boston, and he got fifty dollars a year for our brethren there, of which we are glad. From all we can judge of Mr. Fish, we should have sooner expected that instead of trying to help our schools, he would opposed our getting any thing for schools, as he also opposed our getting our liberty. He has done nothing for us, about our schools, and even tried to set the Indians against their counsel, Mr. Hallett, by pretending he had lost his influence. When Mr. Fish does as much for our liberty, and for our schools, as Mr. Hallett has done, we will listen to his advice.

Mr. Bayley, the missionary on the Vineyard, we understand has but two hundred dollars a year from Harvard College, while Mr. Fish, at Marshpee, has between four and five hundred, and wrongly uses as his own about five hundred acres of the best land on the plantation belonging to the Indians. The Legislature in 1809, took this land from the Indians, without any right to do so, as we think, and thus compel them, against the Constitution, to pay out of their property a minister they never will hear preach. Is this religious liberty for the Indians? Mr. Fish is now cutting perhaps, 200 cords of wood, justly belonging to the Indians, when there is scarce five who will go and hear him preach in the Meeting-house, erected by the British Society for propagating the gospel among the Indians, and given to the Indians, but in which Mr. Fish now preaches to the whites, (having but one colored male member of his church,[1]) and keeps the key of it, for fear that its lawful owners, the Indians, should go in it, without his leave. He will not let them have it for holding a camp meeting, or for any religious purpose.

Last August we invited Mr. Hallett to come and address us on Temperance, and to explain to us the laws. We appointed to meet at the Meeting-house, as the most central place. Mr. Fish at first refused to let the Indians go into their own Meeting-house, and the people began to assemble under the trees, when it was proposed for the Selectmen to go and ask for the key, that they might see if Mr. Fish would refuse it. At this moment, a white man who had been there some time, and had tried to pick a quarrel with Mr. Hallett and the Indians,[2] said he was sent by Mr. Fish with the key, and would let the people in, if they would promise to come out when _he_ told them to. Mr. Hallett declined going in on such terms, and proposed to hold the meeting under the trees. This shamed the messenger of Mr. Fish, and he opened the door, and the people went in, where Mr. Hallett addressed them. While the Indians were thus gratified in meeting their friends, and in hearing good advice from Mr. Hallett, on temperance and their affairs, Mr. Fish's messenger interrupted the speaker, in a very abrupt and indecent manner, and tried to bring on a quarrel and break up the meeting. Captain George Lovell, always a friend to the Indians, tried to keep Mr. Crocker still, and Mr. Hallett declined having any controversy, yet the man persisted in his abuse, until he broke up the meeting. Had it been thought best, this insulting ambassador would have been put out of the house as a common brawler and disturber; but Mr. Hallett forbore to have any controversy with him. He afterwards met the Indians in their School-houses, and delivered two addresses without interruption from the emissaries of Mr. Fish. This is a sample of the way the Indians have been treated about their own Meeting-house. In some of the old petitions, the Indians speak of this Meeting-house as _our_ Meeting-house, and it was built for them, without a dollar from the white men of this country, except when the Legislature, at the petition of the Indians, repaired it in 1816. And now, no Indian can go inside of it, but by the permission of Mr. Fish, whom they will not hear preach.

It seems that the Indians are not to have the benefit of any thing given to them. It must all go to the whites. The whites have our Meeting-house, and make Marshpee pay about one-third the support of a minister they will not hear preach. The other two-thirds comes from a fund. In 1711, a pious man named Williams, died in England, and in his will he said, "I give the remainder of my estate to be paid yearly to the College of Cambridge, in New England, or to such as are usually employed to manage the blessed work of _converting the poor Indians_ there, to promote which, I design this part of my gift."

This was the trust of a dying man, given to Harvard College, that great and honorable Literary Institution. And how do they fulfil the solemn trust? They have been and still are paying about five hundred dollars a year to a missionary for preaching to the whites. This missionary, by his own statement, [see Mr. Hallett's argument,] shows he has added to his church _twenty_ members from the tribe of over three hundred persons, in _twenty-two years_. Is not this more expensive in proportion to the good done, than any heathen mission on record? Mr. Fish has now been preaching in Marshpee _twenty-four years_. In that time he has received from the Williams fund, given solely to convert the poor Indians, about five hundred dollars a year, as nigh as can be ascertained, which is TWELVE THOUSAND DOLLARS for persuading twenty colored persons to join his church. This is six hundred dollars for every member added to his church, and if his other pay is added, it amounts to nine hundred dollars for each member.

Besides this, Mr. Fish has derived an income, we think not much, if any, short of two hundred and fifty dollars a year, from the wood-land, pasturage, marshes, Meeting-house, house lot, &c. which he has wrongfully held and used of the property of the Indians. Add this to his pay from Harvard College, and he has had EIGHTEEN THOUSAND DOLLARS, of money that belonged to the Indians, and which, if it had been laid up for a fund, would have supplied missionaries for all the Indians in New England, according to the will of the pious Mr. Williams. We respect the President and Trustees of Harvard College. They are honorable men and mean to do right, but I ask them to look at this statement, then to read the will of Mr. Williams, and laying their hands upon their heart, to ask in the presence of the God of the Indian as well as the white man, whether they have done unto the Indians of New England and their children, as they would that the Indians should do unto them and their children? We are told that we might bring a suit in equity, or in some way, to compel the Trustees of the Williams fund, to distribute it as the pious donor meant, not for the conversion of the whites, even to the taking away from the Indians of their Meeting-house and lands, but for "the blessed work of converting the poor Indians," as Mr. Williams says in his will.

But it is hard for Indians to contend in the courts of white men, against white men. We can have none of our people to decide such questions, and what could we do against all the power and influence of the Corporation of Harvard College? If the President and Fellows of Harvard College prefer to deal unjustly by the poor Indians, and violate the trust of Mr. Williams, by giving the funds to the whites instead of the poor Indians, they must submit to the wrong, we suppose, for there are none strong enough to help them. They can take the money from the Indians, but cannot compel them to hear a preacher they dislike.

Some people may say that William Apes wants to get what Mr. Fish has, but all he asks is, that Harvard College and the State will not support an _established religion_ in Marshpee, but leave the Indians free to choose for themselves. Mr. Williams did not give his property to the Marshpee Indians, more than to any others. It was designed for all the Indians in New England, and we cannot see what right Harvard College has to give it all for the whites near Marshpee and the Indians on Martha's Vineyard. If they are afraid that blind Joseph or William Apes, the Indian preachers, should have any of this money, if it is withdrawn from Mr. Fish, let them take it, and send a missionary among the Marshpee Indians they like. Or let them employ a man, some Elliot, if they can find one, to visit all the Indians in New England, to find out their condition and spiritual wants, and try to relieve them. This would be doing some good with money that is now only used to disturb the Indians, to take from them their Meeting-house, to create divisions among them, and turn what the pious Williams meant for a blessing into a curse to the Indians. What would the pious Williams say to Harvard College, could he visit Marshpee on a Sabbath? He might go to the Meeting-House built for the Indians, by the society in England, of which I believe he was a principal member. He would find a while man in the pulpit, white singers loading the worship, and the body of the church occupied by seventy or a hundred white persons, of the neighboring villages, scarcely one of whom lives on the plantation. Among these he would see four, five, six, or possibly ten persons with colored skins; not but one male among them, belonging to the church. He would probably think he had made a mistake, and that he was in a white town, and not among the Indians. He might then go to the house of blind Joseph, (the colored Baptist preacher,) or to the School-house in Marshpee, and he would there find twenty, thirty, or forty Indians, all engaged in the solemn worship of God, united and happy, with a little church, growing in grace. He might then visit the other School-house, at the neck, where he would find William Apes, an Indian, preaching to fifty, sixty, or seventy, and sometimes an hundred Indians, all uniting in fervent devotion. After the sermon, he would hear a word of exhortation from several of the colored brethren and sisters, in their broken way, but which often touches the heart of the Indian, more than all the learning that Harvard College can bestow. He would hear the Indians singing praises to God, and making melody in their hearts if not in their voices. What would he say then, when told that Harvard College had paid twelve thousand dollars of his funds for converting the poor Indians, to the white minister, who had made twenty members in twenty-four years, while the two Indian preachers, with forty-seven members to their churches, added in three years, were like St. Paul, laboring with their own hands for a subsistence?

All the Indians ask of Harvard is, take away your pretended gift. Do not force upon us a minister we do not like, and who creates divisions among us. Let us have our Meeting-house and our land, and we will be content to worship God without the help of the white man.

This Meeting-house might as well be in India as in Marshpee, for all the benefit the Indians have of it. It is kept locked all the time, with the key in Mr. Fish's possession. It is seen that he would not let the Baptist church of Indians have it to ordain their beloved pastor, blind Joseph in, and we see how it was granted to the Indians, when they wanted it for Mr. Hallett to address them last summer. Not only were we forbidden the use of the Meeting-house, but even the land which the Legislature unconstitutionally as we think, took from the Indians to give to Mr. Fish, is considered by him too holy to be defiled by the Indians, who are its true owners.

Last summer, sometime in July, my church desired to have a Camp-meeting, of which we had had one before, attended, as we believe, with a great blessing. We selected a spot some distance from the Meeting-house, in a grove, beside the river; but though not in sight of the Meeting-house, it was on the ground which Mr. Fish thinks has been set apart for his sole use. After the notice was given of the Camp-meeting, I received from Mr. Fish the following note, which is here recorded, as an evidence of the Christian spirit with which a church in Marshpee consisting of thirty-five members, who were Indians, was treated and molested in their worship, by the missionary Harvard College has paid so liberally to "convert the poor Indians," and who had but five Indians in his church, not one being a male member.

MARSHPEE, JULY 19, 1834.

Mr. WM. APES,

_Sir_,--Perceiving by a notice in the "Barnstable Journal," of
last week, that you have appointed a Camp-meeting, to commence
on the 30th inst. and to be holden on the Parsonage, and in
the vicinity of the Meeting-house,

_This is to forbid the proceeding altogether_!

You have no pretence for such a measure; and if you persist
in your purpose to hold such Meeting, either near the
_Meeting-house_, or on _any part of the Parsonage allotment_,
you must consider yourself _responsible for the consequences_.

I am &c.

PHINEAS FISH.

Rev. WILLIAM APES.

Soon after this, the Selectmen, one of whom was a member of my church, applied to Mr. Fish respecting holding the Camp-meeting on the parsonage. The place selected could not have disturbed Mr. Fish, any more than people passing in carriages in the main road. We had no Meeting-house, our School-houses would not hold the people, and we had no other means but to erect our tents and worship God in the open air. A pious family of whites from Nantucket, came on the ground, and began erecting their tent. Mr. Fish came there in person and ordered them off. The man told him that he had his family there, and had no other shelter for the night but his tent, which he should not remove, but would do so the next day, if he found that he was trespassing on any man's rights. But he added, if Mr. Fish turned him off, he would publish his conduct to the world. Mr. Fish's interference to break up our religious meeting, created much talk, and finally he wrote the following letter to the Selectmen; after which we went on and had our meeting, in a quiet, orderly and peaceful manner, and we believe it was a season of grace, in which the Lord blessed us.

_To the Selectmen of Marshpee_.

On mature thought, and in compliance with your particular
request, I consent to your holding the Camp-meeting, which
is this day commenced, on the spot near the river, where the
first tent was erected. I consent, (I say,) on the following
conditions, viz: That you undertake that no damage come upon
the parsonage property, either wood land, or Meeting-house;
that no attempt be made to occupy the Meeting-house; that
there be no attempt on the Sabbath, or any other day, to
interrupt the customary worship at the Meeting-house, and,
_that peace, order, and quietude_ be maintained during the
time of the Camp-meeting. It is also distinctly understood,
that this license is of _special favor_, and _not conceded as
your right_, and no way to be taken as a ground for similar
requests in future, or for encouraging any future acts of
annoyance, vexation, or infringement of the quiet possession
of the privileges, secured to me by the _Laws_. And that
should any damage be done in any way as aforesaid, you will
consider yourselves responsible to the proper authorities.

With my best wishes for your welfare, your friend,

PHINEAS FISH.
_Marshpee, July 30, 1834_.

The reader may now ask, how came Mr. Fish in possession of this property, which he claims to hold by the Laws? I am at liberty to publish here, the following views of the law and the facts in the case, drawn up by legal counsel whom the Selectmen have consulted. And here I take my leave.

OPINION AS TO THE TITLE REV. PHINEAS FISH HAS TO THE PARSONAGE, SO CALLED, IN MARSHPEE.

The first act of the General Court which interfered with the right of the Indians to sell their own lands, all of which they owned in common in Marshpee Plantation, (including what is now called the parsonage,) was in 1650, which provides that no person shall _buy_ land of any Indian without license of the General Court. In 1665, this was extended to grants for term of years. In 1693, the Indians were put under guardianship.

In 1701, an Act was passed specially to protect the Indians in the enjoyment of their lands. [Col. Laws, page 150,] It also shows why the restriction in the sale of their lands was adopted.

"Whereas, the government of the late Colonies of the
Massachusetts Bay and New Plymouth, to the intent the native
Indians might not be injured or defeated of their just rights
and possessions, or be imposed on and abused in selling and
disposing of their lands, and thereby deprive themselves
of such places as were suitable for their settlement", did
inhibit the purchase of land without consent of the General
Court, notwithstanding which, sundry persons have made
purchases, &c.; therefore, all such purchases of lands were
vacated, with the exception of towns, or persons who had
obtained lands from the Indians, and also by virtue of a grant
or title made or derived by or from the General Court. All
leases of land from Indians for any term or terms of years to
be void, unless license was obtained for such lease from
the County Court of Sessions. _Provided_, nevertheless, that
nothing in this act shall be held or deemed in any wise to
hinder, defeat or make void any bargain, sale or lease of
land, made by an Indian to another Indian or Indians.

1718. This is the first act which took from the Indians
their civil capacity to make contracts. It says, "whereas,
notwithstanding the care taken and provided (by the former
act,) a great wrong and injury happens to said Indians,
natives of this country, by reason of their being drawn in by
small gifts, or small debts, when they are in drink, and out
of capacity to trade, to sign unreasonable bills or bonds for
debts which are soon sued, and great charge brought upon them,
when they have no way to pay the same, but by servitude";
therefore no contract whatever shall be recovered against any
Indian native, unless entered into before two Justices of the
Peace in the County, both to be present when the contract is
executed by the Indian.

The act of 1725, recognizes the rights of Indians to employ persons to build houses on _their own lands_. Their own lands then were the commons, including the parsonage.

In 1763, Marshpee was incorporated as a District, including the land now called the parsonage. "_Be it enacted_, &c. that all the lands _belonging_ to the Indians and mulattos in Mashpee be erected into a district, by the name of Mashpee." The Proprietors are empowered to meet "IN THE PUBLIC MEETING HOUSE," [the one now claimed by Mr. Fish,] to elect a Moderator, five Overseers, two to be Englishmen, a town Clerk and Treasurer, being Englishmen, two Wardens, and one or more Constables. The majority of the Overseers had the sole power to regulate the fishery, to lease such lands and fisheries as are held in common, not exceeding for two years, and to allot to the Indians their upland and meadows. This act was to continue for three years and no longer. It does not appear ever to have been revived. The revolutionary war intervened, and there is no act after 1766, until the act of 1788, after the revolutionary war, which last act put the Indians and their lands under strict guardianship.

In this interval between 1766 and 1788, the only transaction on which Mr. Fish can found any claim to the parsonage look place. There was then either no law existing, which could empower any person to sequester and set apart the lands of the Indians, or the law of 1693, (if that of 1763 had expired,) was revived, by which the guardianship again attached to the Indians. The Indians, it is believed, continued to choose their own Overseers, under the charter of 1763, after it had expired, and without any authority to do so. It was the only government they had during the troubles of the revolution.

We now come to the first evidence of any thing relating to the parsonage land being set apart from the common land. This was in 1783, and the following is the Deed from the Records of Barnstable County, and the only deed relating to this property.

DEED OF MARSHPEE PARSONAGE.