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INDIAN NULLIFICATION UNCONSTITUTIONAL LAWS OF MASSACHUSETTS. RELATIVE TO OK, THE PRETENDED RIOT EXPLAINED, BY WILLIAM APES, il IRD1AM AND PREACHER OF THE GOSPEL. BOSTON: PRESS OF JONATHAN HOWE, No. 39, Merchants Row 1836. Entered according to Act of Congress, in the year one- thousand eight hundred and thirty-five, by Y^illiam Apbs. ia the Clerk's Office of the District Court of Massachusetts. /, TO THE WHITE PEOPLE OF MASSACHUSETTS The red children of the soil of America address them- selves to the descendants of the pale men who came across the big watera to seek among them a refuge from tyranny and persecution. We say to each and every one of you that the Great Spirit who is the friend of the Indian as well as of the white man, has raised up among you a brother of our own and has sent him to us that he might show us all the«secret contrivances of the pale faces to deceive and defraud us. For this, many of our white brethren hate him, and revile him, and say all man- ner of evil of him ; falsely calling him an impostor. Know, all men, that our brother Apes is not such a man as they say. White men are the only persons who have imposed on us, and we say that we love our red brother, the Rev. William Apes, who preaches to U9, and have all the confidence in him that we can put in any man, knowing him to be a devout Christian, of sound mind, of firm purpose, and worthy to be trusted by reason of hie truth. We have never seen any reason to think otherwise. We send this forth to the world in love and friendship with all men, and especially with our brother Apbs, for whose ben- efit it is intended. Signed by the three Selectmen of the Marshpee Tribe, at the Council House, in Marshpee. ISRAEL AMOS, ISAAC COOMBS, EZRA ATTAQUIN, March, 19, 1835. ' Boston, October 2, 1834. To whom it may concern. The undersigned was a native of the County of Barnstable, and was brought up near the Marshpee Intfiana. He always regarded them as a people grievously oppressed by the whites, and borne down by laws which made them poor and enriched other men upon their property. In fact the Marshpee Indians, to whom our laws have denied all rights of property, have a higher title to their lands than the whites have, for our forefathers claimed the soil of this State by the consent of the Indians, whose title they thus admitted was better than their own. For a long time the Indians had been disaffected, but no one was energetic enough among them to combine them in taking measures for their rights. Every time they had peti- tioned the Legislature, the laws, by the management of the interested whites, had been made more severe against them. Daniel Amos, I believe, was the first one among them, who conceived the plan of freeing his tribe from slavery. William Apes, an Indian preacher, of the Pequod tribe, regularly ordained as a minister, came among these Indians, to preach. They invited him to assist them in getting their liberty. He had the talent they most stood in need of. He accordingly went forward, and the Indians declared that no man should take their wood off their plantation. Apes and a number of other Indians quietly unloaded a load of wood, which a Mr. Sampson was carting off. For this, he and some others were -indicted for a riot, upon grounds extremely doubt- ful in law, to say the least. Every person on the jury, who said he thought the Indians ought to have their liberty, was set aside. The three Indians were convicted, and Apes was imprisoned thirty days. 8 It waa in this stage of the business, after the conviction, that I became the counsel of the Indians, and oarried their claims to the Legislature, where they finally prevailed. The persons concerned in the riot, as it was called, and imprisoned for it, I think were as justifiable in what they did, as our fathers were, who threw the tea overboard : and to the energetic movements of William Apes, Daniel Amos and others, it was owing that an impression was made on the Legislature, which induced them to do partial justice toward this long oppressed/ace. The imprisonment of those men, in such a cause, I consider an honour to them, and no disgrace ; no more than the confinement of our fathers, in the Jersey prison-ship. BENJAMIN F. HALLETT, Counsel for the Marshpee Indiant INTRODUCTION. The writer hopes that the public •will give him credit for an intention to adhere rigidly to the truth, in presenting his views of the late difficulties of the Marshpee Tribe, as it is as much his wish as his intention to do justice to all his brethren, without distinction of colour. Yet he is sensible that he cannot write truly on this subject without attracting the worst wishes of those who are enemies to liberty, or would reserve it exclusively to themselves. Could he speak without incurring such enmity, he would be most happy to do so ; but he is fully aware that he cannot even touch this matter without exposing himself to certain calumny. This has been his portion whenever he has attempted to plead the cause of his ignorant and ever-oppressed red brethren. Nevertheless, he will endeavour to speak independently, as if all men were his friends, and ready to greet him with thundering applause ; and he would do so if their voices were to pronounce on mm a sentence of everlasting disgrace. He writes not in the expectation of gathering wealth, or aug- menting the number of his friends. But he has not the least doubt that all men who have regard to truth and integrity, will do justice to the uprightness of his intentions. (Heaven be praised ! there are Borne such men in the world.) He is equally sure that the evidence contained in this little work will be satisfactory, as to all the points he wishes to establish, to all who are open to conviction. It is true that the author of this book is a member of the Marshpee Tribe, not by birth, but by adoption. How he has become one of that unfortunate people, and why he concerns himself about their affairs, will now be explained to the sat- isfaction of the reader. He wishes to say in the first place, 10 that the causes of the prevalent prejudice against his race have been his study from his childhood upwards. That their colour should be a reason to treat one portion of the human race with insult and abuse has always seemed to him strange ; believing that God has given to all men an equal right to possess and occupy the earth, and to enjoy the fruits thereof, without any such distinction. He has seen the beasts of the field drive each other out of their pastures, because they had the power to do so ; and he knew that the white man had that power over the Indian which knowledge and superior strength give ; but it has also occurred to him that Indians are men, not brutes, as the treatment they usually receive would lead us to think. Nevertheless, being bred to look upon Indians with dislike and detestation, it is not to be wondered that the whites regard them as on a footing with the brutes that perish. Doubtless there are many who think it granting us poor na- tives a great privilege to treat us with equal humanity. The author has often been told seriously, by sober persons, that his fellows were a link between the whites and the brute creation, an inferior race of men to whom the Almighty had less regard than to their neighbours, and whom he had driven from their possessions to make room for a race more favoured. Some have gone so far as to bid him remove and give place to that pure and excellent people who have ever despised his brethren and evil entreated them, both by precept and example. Assumption of this kind never convinced William Apes of its own justice. He is still the same unbelieving Indian that he ever was. Nay, more, he is not satisfied that the learned and professedly religious men who have thus ad- dressed him, were more exclusively the favourites of his Creator than himself, though two of them at least have been hailed as among the first orators of the day, and spoke with an eloquence that might have moved stocks and stones. One of them dwells in New York and the other in Boston. As it would avail him little to bespeak the favour of the world in behalf of their opinions by mentioning their names, he will proceed with the matter in hand, viz. the troubles of the Marsbpee people, and hia own trial. INDIAN NULLIFICATION, &e« It being my desire, as well as ray duty as a preacher of the gospel, to do as much good as in me lay* to my red brethren, I occasionally paid them a visit, announc- ing and explaining to them the word of life, when op- portunity offered. I knew that no people on earth were more neglected ; yet whenever I attempted to supply their spiritual wants, I was opposed and ob- structed by the whites around them, as was the prac- tice of those who dwelt about my native tribe, (the Pequods,) in Groton, Conn, of which more will be said in another place.