The next two extracts are from the Boston Advocate of September 10 and 11, 1833.

THE MARSHPEE INDIANS.

We are mortified for the honor of the State, to learn from Barnstable County, that the Court of Common Pleas and Sessions there, (Judge Cummins,) have tried and convicted William Apes and six Indiana of the Marshpee tribe, upon charges connected with the efforts of the Indiana to obtain justice from their white masters. Apes is very popular with the Indians, and this persecution of him, which at least was unnecessary, will inflame them the more.

The papers say the conviction was for riot. This cannot be, for there was no riot, and no riot act read. Apes and his associates prevented a man from carrying wood off the plantation. They were, perhaps, wrong in doing so, but the law which takes this wood from the Indian proprietors, is as unjust and unconstitutional as the Georgia laws, that take the gold mines from the Cherokees. Could the question of property have been tried, the act of stopping their own wood, by the Indians, could not have been made even trespass, much less riot. It is said that Apes and the rest were indicted under some obsolete law, making it a misdemeanor to conspire against the laws. We have looked for such an act, but cannot find it in the Statute Book.

At any rate, law or no law, the Indians were indicted and convicted. They were tried by their opponents, and it would be impossible to get justice done them in Barnstable County. An impartial jury could not be found there. It is the interest of too many to keep the Indians degraded. We think the conviction of these Indians is an act of cruelty and oppression, disgraceful to the Commonwealth. The Marshpee Indians are wronged and oppressed by our laws, nearly as much as ever the Cherokees were by the Georgians. But it is useless to call for the exercise of philanthropy at home. It is all expended abroad.

An attempt was made to indict some of the white harpies, who are selling rum to the Indians, without license. Those men got clear, and are still suffered to prey on the poor Indians; but to stop a load of wood, which in reality belonged to the Indians themselves, was an outrage which the Court were ready enough to punish! Is it creditable to let the white spiders break through the laws, while we catch and crush the poor Indian flies?

THE INDIANS.

William Apes and the Marshpee Indians, who were tried before the Court of Common Pleas, in Barnstable County, were ably defended by Mr. Sumner, of this city. Apes was sentenced by Judge Cummings, to thirty days imprisonment in the common jail. One other was sentenced to ten days imprisonment, and the rest were not tried. When the sentence was pronounced, several Indians who were present, gave indications of strong excitement at what they conceive to be a tyrannical persecution. It is much to be feared, that this unnecessary and apparently vindictive course, pursued by the overseers and their friends, after the Indians had become quiet, and resolved to wait patiently for redress from the Legislature, will inflame them to acts of violence, and give the whites, who wish to oppress them, further advantages over them.

We have visited the greater part of the tribe recently, in their own dwellings, and we know how strongly and unanimously they feel upon the subject of what they really believe to be, their slavery to the overseers. If, therefore, the course we have pursued, and mean to pursue, in laying their claims to justice before the public, entitles us to be listened to as a friend, we beg them to abstain from all acts which violate even the unjust and hard laws by which they are now held in bondage. Resistance will furnish their enemies with the strongest weapons against them, and discourage their friends. Let them endure patiently, till the next Legislature meets, and if there is any virtue or honesty in our public men, the rights of the Marshpee Indians will be secured.

In our last article we said that it was impossible for the Indians to have an impartial jury in Barnstable. We did not mean that this arose from all the whites being opposed to the Indians. They have many friends in Barnstable County, who think them deeply injured, and who have no interest in keeping them degraded, in order to enjoy the privileges which too many whites now have, at the expense of the tribe. We alluded to the influences that would be used upon the jury, as in the case of Apes, where we learn, that three individuals, favorable to the Indians, but having formed no opinion in that case, were excluded from the regular jury. One of them was set aside, for saying he thought the Indians ought to be free. We are still at a loss to know under what law these Indians were found guilty of riot, in preventing their own wood from being carried off their own land. Where are all our Cherokee philanthropists, at this time?

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.

In several instances, the speakers made some dextrous and pointed thrusts at the whites, for their treatment of the sons of the forest since the time of the pilgrims, which were received with applause by the audience. They were all careful in their references to the conduct of the Overseers; they wished to say as little about them as possible; but they wanted their removal forthwith.

This is the first time our attention has been seriously called to the situation of this tribe. It is a case not to be treated with contempt, or disposed of hastily. It involves the rights, the interests, and the happiness of a large number of that race which has been nearly exterminated by the neglect, the oppression, and the cruelty of a superior number of foreign invaders.

In the enslavement of two millions of American people in the Southern States, the tyranny of this nation assumes a gigantic form. The magnitude of the crime elevates the indignation of the soul. Such august villainy and stupendous iniquity soar above disgust, and mount up to astonishment. A conflagration like that of Moscow, is full of sublimity, though dreadful in its effects; but the burning of a solitary hut makes the incendiary despicable by the meanness of the act.

In the present case, this State is guilty of a series of petty impositions upon a feeble band, which excite not so much indignation as disgust. They may be, and doubtless are, the blunders of legislation; the philanthropy of proscriptive ignorance; the atoning injuries of prejudice, rather than deliberate oppression. No matter who are the Overseers, (we know them not,) nor how faithfully they have executed the laws. The complaint is principally against the State; incidentally against them. They may succeed, perhaps, in vindicating their own conduct; but the State is to be judged out of the Statute Book, by the laws now in force for the regulation of the tribe. Fearing, in the plenitude of its benevolence, that the Indians would never rise to be men, the Commonwealth has, in the perfection of its wisdom, given them over to absolute pauperism. Believing they were incapable of self-government as free citizens, it has placed them under a guardianship which is sure to keep them in the chains of a servile dependance. Deprecating partial and occasional injustice to them on the part of individuals, it has shrewdly deemed it lawful to plunder them by wholesale, continually. Lamenting that the current of vitality is not strong enough to give them muscular vigor and robust health, it has fastened upon them leeches to fatten on their blood. Assuming that they would be too indolent to labor if they had all the fruits of their industry, it has taken away all motives for superior exertions, by keeping back a portion of their wages. Dreading lest they should run too fast, and too far, in an unfettered state, it has loaded them with chains so effectually as to prevent their running at all. These are some of the excellencies of that paternal guardianship, under which they now groan, and from which they desire the Legislature to grant them deliverance.

We are proud to see this spontaneous, earnest, upward movement of our red brethren. It is not to be stigmatized as turbulent, but applauded as meritorious. It is sedition, it is true; but only the sedition of freedom against oppression; of justice against fraud; of humanity against cruelty. It is the intellect opposed to darkness; the soul opposed to degradation. It is an earnest of better things to come, provided the struggling spirit be set free. Let this tribe have at least a fair trial. While they remain as paupers, they will feel like paupers; be regarded like paupers; be degraded like paupers. We protest against this unnatural order of things; and now that the case has come under our cognizance, we shall not abandon it hastily.

We are aware that another, and probably an opposite view of this case is to be laid before the public, on the part of a commissioner delegated by the Governor and Council, to inquire into the difficulties which have arisen between the tribe and the Overseers. We shall wait to get a glimpse of it before we pass judgment upon it. Whatever may be alleged either against the Indians or against those who hold a supervision over them, or whatever may be said in favor of them both; we have felt authorized to make the foregoing remarks, upon an examination of the laws enacted for the government of these discordant parties. An augmentation, diminution, or change of the Board of Overseers, will not remedy the evil. It lies elsewhere; in the absolute prostration of the petitioners by a blind legislation. They are not, and do not aspire to be an independent government, but citizens of Massachusetts.

Fortunately, there is a soul for freedom in the present Legislature. A more independent House of Representatives has never been elected by the people. The cries of the Indians have reached their ears, and we trust affected their hearts. They will abolish a needless and unjust protectorate. The limb, which is now disjointed and bleeding, will be united to the body politic. What belongs to the red man shall hereafter in truth be his; and, thirsting for knowledge and aspiring to be free, every fetter shall be broken and his soul made glad.

About this time the opposition of our enemies increased to a flood. Yet we remained undismayed; for we knew that we had the right on our side. So we endured the shots of their sharp shooters against us patiently. The following, from the Boston Courier of January 28, 1834, will show to what I allude.

Late in the month of June last, an extraordinary proceeding was had by the Marshpee tribe of Indians, residing on their plantation in Barnstable County, under the protection and guardianship of this Commonwealth. Excited, as it has since appeared, by the turbulent spirit of a stranger and intruder, they assembled in what they termed a town meeting, and adopted resolutions declaring their independence of the government of Massachusetts, abjuring the authority of the laws, and proclaiming that after the first day of July then next, they should assume the management of their own affairs; and, that "they would not permit any white man from that day, to come upon their Plantation to cut or carry off any wood, hay, or other article, without their permission, under the penalty of being bound and thrown from the Plantation."

To allay the excitement which had been created among these misguided people, and to ascertain and remove, as far and as speedily as possible, any just cause of complaint, the most prompt measures were adopted by the Executive. A discreet and confidential agent was despatched to the plantation with instructions to make thorough examination into their grievances, real or supposed, and to become acquainted with their condition, and what their interest and comfort required. He was especially charged to represent to them the parental feelings and regard of the government of the Commonwealth towards them; to assure the head men, that, if the Overseers appointed by the State, had been unjust or unkind, they should forthwith be removed, and others appointed in their stead, and the wrongs sustained at their hand amply redressed, but that the guardianship, originally imposed for their security against the frauds and wicked devices of unprincipled white men, and continued under frequent assurances, by the Indians themselves, of its necessity, could not be suspended by the authority of the Governor and Council. That this rested with the Legislature, to which, after careful investigation of their complaints, a proper representation would be made by the Executive. He was also directed to caution them against heeding the counsels of those who would excite them to disquiet in their present situation, and to admonish them, that disorder and resistance to any rightful authority would meet with immediate and exemplary correction, through the civil tribunals.

On reaching the plantation, the agent found these deluded people in a state of open rebellion against the government of the State, having with force, seized upon the Meeting-house, rescued from the Overseers a portion of property in their possession, chosen officers of their own, and threatened violence to all who should attempt to interfere with them, in the measures of self-government which they had assumed. These threatenings and outrages had already created great alarm among the white inhabitants in the neighborhood, and induced to apprehensions of more serious consequences. Through the firmness and prudence of the agent, sustained by the advice and good offices of several intelligent citizens of the County, the leader in the sedition was arrested for a breach of the peace, and delivered over to the civil authority. An inquiry into the conduct of the Overseers subsequently conducted by the agent in the presence of the head men, and the conciliatory, and friendly explanations offered to the tribe, of their relations to the government of the State, resulted in inducing them to rescind their former violent resolves, and restored quiet to the plantation.

A minute and interesting report by the gentleman to whom this delicate service was assigned, embracing an historical account of the tribe, and describing their present condition, character and numbers, with the situation, value, and improvement of their property, and the manner in which the guardianship constituted by law has been exercised over them, accompanies this communication. The Indians have received an assurance, that the attention of the Legislature shall be invited to their complaints, and the report will not fail to assist in the deliberations to which the subject may give occasion.

Does it not appear from, this, and from his message, that the Ex-Governor is a man of pure republican principles? He seems to consider the Marshpees as strangers, and thinks they ought to be driven to the wilds of the far West; in humble imitation of that wise, learned, and humane politician, Andrew Jackson, L.L.D.

I do consider that neither I nor any of my brethren enjoy any political rights; and I desire that I and they may be treated like men, and not like children. If any among us are capable of discharging the duties of office, I wish them to be made eligible, and I wish for the right of suffrage which other men exercise, though not for the purpose of pleasing any party by our votes. I never did so, and I never will. O, that all men of color thought and felt as I do on this subject.

I believe that Governor Lincoln had no regard whatever for our rights and liberties; but as he did not get his ends answered, I shall leave him to his conscience. The following from Mr. Hallett, of the Advocate, fully explains his message:

THE MARSHPEE INDIANS.

The current seems to be setting very strong against extending any relief to our red brethren. Governor Lincoln's ex-message has served to turn back all the kind feelings that were beginning to expand toward the Marshpee tribe, and force and intimidation are to be substituted for kindness and mercy.

We cannot but think that Massachusetts will be dishonored by pursuing the stern course recommended by Ex-Governor Lincoln, who seems, by one of his letters to Mr. Fiske, to have contemplated almost with pleasure, the prospect of superintending in person, military movements against a handful of Indians, who could not have mustered twenty muskets on the plantation.

We see now how unjust we have been to the Georgians in their treatment of the Cherokees, and if we persist in oppressing the Marshpee Indians, let us hasten to unresolve all the glowing resolves we made in favor of the Georgia Indians. If Governor Lincoln is right in his unkind denunciation of the poor Marshpee Indians, then was not Governor Troop of Georgia right, in his messages and measures against the Cherokees? If the Court at Barnstable was right in imprisoning the Indians for attempting to get their rights, as they understood them, and made their ignorance of the law no excuse, were not the Courts of Georgia justifiable in their condemnation of the Cherokees, for violations of laws enforced against the will of the helpless Indians?

Oh, it was glorious to be generous, and magnanimous and philanthropic toward the Cherokees, and to weep over the barbarities of Georgia, because that could be turned to account against General Jackson; but when it comes home to our own bosoms, when a little handful of red men in our own State, come and ask us for permission to manage their own property, under reasonable restrictions, and presume to resolve that all men are free and equal, without regard to complexion; Governor Lincoln denounces it as sedition, the Legislature are exhorted to turn a deaf ear, and the Indians are left to their choice between submission to tyrannical laws, or having the militia called out to shoot them. How glorious this will read in history!

The next is from the Barnstable Patriot, of February 5, 1834, of a different character.

MARSHPEE INDIANS.

MR. EDITOR,

William Apes, Deacon Coombs, and Daniel Amos, are now in Boston, where they are much caressed, by the good citizens, and are styled the "Marshpee Deputation;" and we see in the Boston papers notices that the "Marshpee Deputation will be present at the Tremont Theatre, by invitation."[10] That the Marshpee Deputation will address the public upon the subject of their grievances, in the "Representative Hall," "in Boylston Hall," &c. And we learn at their "talk," in the Representative Hall, they drew a large audience, and that audience was so indiscreet, (not to say indecorous or riotous,) as to cheer and applaud Apes in his ribaldry, misrepresentation and nonsense. Really, it looks to us, as if there was much misunderstanding upon the subject of the Marshpee difficulties. If there is any thing wrong we would have it put right; but how does the case appear. At the time of Apes' coming among them, they were quiet and peaceable, and their condition, mentally, morally and pecuniarily improving. At this time, and when this is the condition and situation of the Indians, comes this intruder, this disturber, this riotous and mischief-making Indian, from the Pequot tribe, in Connecticut. He goes among the inhabitants of Marshpee, and by all the arts of a talented, educated, wily, unprincipled Indian, professing with all, to be an apostle of Christianity; he stirs them up to sedition, riot, treason! Instigates them to declare their independence of the laws of Massachusetts, and to arm themselves to defend it.

We need not follow, minutely, the transactions which rapidly succeeded this state of things. We will merely remark that, in that time of rebellion, prompt, efficient, but mild measures were taken by the Executive, to quell the disturbances, and restore good faith. An agent was sent by the Governor, to inquire into the cause, and if possible, to remove it. That agent found it to be his duty to arrest Apes, (that pious interloper,) as a riotous and seditious person, and bind him over for trial, at the Common Pleas Court. He was there tried; and, in our opinion, never was there a fairer trial. He was convicted; and, in our opinion, never was there a more just conviction, or a milder sentence. After the performance of his sentence, Apes is again at work stirring up new movements. And having strung together a list of imaginary grievances, and false allegations, and affixed a great number of names, without the knowledge or consent of many of the individuals, he goes to the Legislature, with two of his ignorant, deluded followers, pretending to be "the Marshpee Deputation," and asks redress and relief.

We would be the last to object to their receiving redress and relief; and we doubt not they will obtain, at the hands of the Legislature, all they ought to have. But who is the "Marshpee Deputation," that is showing off to such advantage in the city? It is William Apes, the convicted rioter, who was the whole cause of the disgraceful sedition at Marshpee the last summer; who is a hypocritical missionary, from a tribe in Connecticut; whose acquaintance with the Marshpeeans is of less than a year's standing. And he is endeavoring to enlist public sympathy in his favor, in advance, by lecturing in the Hall of Representatives, upon that pathetic and soul-stiring theme, Indian degradation and oppression; vilifying and abusing the irreproachable pastor of the plantation, Mr. Fish; stigmatizing and calumniating the Court and Jury who tried and convicted him, and flinging his sarcasms and sneers upon the Attorney and Jury who indicted him. And for all this, he is receiving the applause of an audience, who must be ignorant of his character; and blinded by the pretences of this impostor. And as far as that audience is composed of Legislators, their conduct, in permitting Apes to enlist their passions and feelings in his favor, pending a Legislative investigation of the subject, is reprehensible.

But, there is no fear that the matter will not be set right. That the investigation by the intelligent agent last summer, (Mr. Fiske,) and the investigation now going on by a committee of the Legislature, will show the true character of Apes, and point out the real wants and grievances of the Indians; and that the remedy will be applied, to the satisfaction of the Indians and the discomfiture of that renegade impostor and hypocritical interloper and disturber, Apes, there is little doubt; that such may be the result, is the sincere wish of

THE TRUE FRIENDS OF THE INDIANS.

The spirit in which this unrighteous piece is written, speaks for itself, and is its own antidote. However, it is just what we might expect from a liberal paper of the liberal town of Barnstable. So one gang of partizans call it. Deliver us from a "patriot," who would set his face against all good, and destroy the people themselves. These writers, if there be more than one of them, seem to have some idea of piety and religion. I therefore advise them to pluck the motes out of their own eyes, that they may see clearly enough to make better marks with their pens. The editor and his correspondents, (if he did not write the article himself,) have rendered themselves liable to a suit for defamation; but I think it best to let them go. I will not touch pitch. The discomfited, hypocritical impostor, renegade and interloper will forgive, and pray for them. He will not render evil for evil, though sorely provoked.

Nevertheless, I feel bound to say to these excellent friends of the Marshpees, who wished them to remain crushed under the burthen of hard laws forever and ever, that they will go down to their graves in the disappointment, which, perhaps, will cause them to weep away their lives. I should be sorry to hear of that, and exhort them to dry their tears, or suffer a poor Indian to wipe them away.

Notwithstanding all that was said and done by the opposition, the Marshpee Deputation left the field of battle with a song of triumph and rejoicing in their mouths, as will presently be seen. I shall give a brief sketch of the proceedings of one of the most enlightened committees that ever was drafted from a legislative body. Every thing was done to sour their minds against the Indians that could be done, but they were of the excellent of the earth, just and impartial.

The Committee was composed of Messrs. Barton and Strong, of the Senate, and Messrs. Dwight of Stockbridge, Fuller of Springfield, and Lewis of Pepperell, of the House. Benjamin F. Hallett, Esq. appeared as Counsel for the Indians.

Lemuel Ewer, Esq. of South Sandwich, was a witness, and the only white one who was in favor of the Indians. The Indian witnesses were Deacon Coombs, Daniel B. Amos, Ebenezer Attaquin, Joseph B. Amos, and William Apes.

On the other side appeared Kilburn Whitman, Esq. of Pembroke, as Counsel for the Overseers; Messrs. J.J. Fiske of Wrentham, and Elijah Swift of Falmouth, both of the Governor's Council; the Rev. Phineas Fish, the Marshpee missionary, sent by Harvard College; Judge Marston, Nathaniel Hinckley and Charles Marston, all of Barnstable; Gideon Hawley of South Sandwich, Judge Whitman of Boston, and two Indians, Nathan Pocknet and William Amos, by name. It was a notable piece of policy on the part of the Overseers, to make a few friends among the Indians, in order to use them for their own purposes. Thus do pigeon trappers use to set up a decoy. When the bird flutters, the flock settle round him, the net is sprung, and they are in fast hands. Judge Whitman, however, could not make his two decoy birds flutter to his satisfaction, and so he got no chance to spring his net. He had just told the Indians that they might as well think to move the rock of Gibraltar from its base, as to heave the heavy load of guardianship from their shoulders; and, when he first came before the committee, he said he did not care a snap of his finger about the matter, one way or the other. But he altered his mind before he got through the business, and began to say that he should be ruined if the bill passed for the relief of the Indians, and was, moreover, sure that Apes would reign, king of Marshpee. The old gentleman, indeed, made several perilous thrusts at me in his plea; but, when he came to cross-examination, he was so pleased with the correctness of my testimony, that he had nothing more to say to me. I shall now leave him, to attend to his friend Judge Marston.

This gentleman swore in court that he thought Indians an inferior race of men; and, of course, were incapable of managing their own affairs.

The testimony of the two decoy pigeons was, that they had liberty enough; more than they knew what to do with. They showed plainly enough that they knew nothing of the law they lived under. The testimony of the Rev. Mr. Fish was more directly against us. Some may think I do wrong to mention this gentleman's name so often. But why, when a man comes forward on a public occasion, should his name be kept out of sight, though he be a clergyman. I should think he would like to make his flock respected and respectable in his speech, which he well knew they never could be under the then existing laws. Is it more than a fair inference that it was self-interest that made him do otherwise, that he might be able to continue in possession of his strong hold? If he had said to the Indians, like an honest man, "I know I have no right to what is yours, and will willingly relinquish what I hold of it," I do not doubt that the Indians would have given him a house, and a life estate in a farm; and perhaps have conveyed it to him in fee simple, if he had behaved well. Such a course would have won him the love and esteem of the Indians, and his blind obstinacy was certainly the surest means he could have taken to gain their ill will. He may think slightly of their good opinion, and I think, from his whole course of conduct, that we are as dogs in his sight. I presume he could not die in peace if he thought he was to be buried beside our graves.

It is the general fault of those who go on missions, that they cannot sacrifice the pride of their hearts, in order to do good. It seems to have been usually the object to seat the Indians between two stools, in order that they might fall to the ground, by breaking up their government and forms of society, without giving them any others in their place. It does not appear to be the aim of the missionaries to improve the Indians by making citizens of them. Hence, in most cases, anarchy and confusion are the results. Nothing has more effectually contributed to the decay of several tribes than the course pursued by their missionaries. Let us look back to the first of them for proofs. From the days of Elliott, to the year 1834, have they made one citizen? The latter date marks the first instance of such an experiment. Is it not strange that free men should thus have been held in bondage more than two hundred years, and that setting them at liberty at this late day, should be called an experiment now?

I would not be understood to say, however, that the Rev. Mr. Fish's mission is any criterion to judge others by. No doubt, many of them have done much good; but I greatly doubt that any missionary has ever thought of making the Indian or African his equal. As soon as we begin to talk about equal rights, the cry of amalgamation is set up, as if men of color could not enjoy their natural rights without any necessity for intermarriage between the sons and daughters of the two races. Strange, strange indeed! Does it follow that the Indian or the African must go to the judge on his bench, or to the Governor, Senator, or indeed any other man, to ask for a help-meet, because his name may be found on the voter's list, or in the jury boxes? I promise all concerned, that we Marshpees have less inclination to seek their daughters than they have to seek ours. Should the worst come to the worst, does the proud white think that a dark skin is less honorable in the sight of God than his own beautiful hide? All are alike, the sheep of his pasture and the workmanship of his hands. To say they are not alike to him, is an insult to his justice. Who shall dare to call that in question?

Were I permitted to express an opinion, it would be that it is more honorable in the two races, to intermarry than to act as too many of them do. My advice to the white man is, to let the colored race alone. It will considerably diminish the annual amount of sin committed. Or else let them even marry our daughters, and no more ado about amalgamation. We desire none of their connection in that way. All we ask of them is peace and our rights. We can find wives enough without asking any favors of them. We have some wild flowers among us as fair, as blooming, and quite as pure as any they can show. But enough has been said on this subject, which I should not have mentioned at all, but that it has been rung in my ears by almost every white lecturer I ever had the misfortune to meet.

I will now entreat the reader's attention to the very able plea of Mr. Hallett, upon our petition and remonstrances. The following are his remarks after the law which gave us our liberty was passed by his exertions in our cause:

I will now briefly consider the "documents, relating to the Marshpee Indians," which have been presented and printed, this session, by the two Houses.

The first is a Memorial, signed by seventy-nine males and ninety-two females, of the Plantation. Of the seventy-nine males, sixty-two are Proprietors, and forty-four write their own names. They are all united in wishing to have a change of the laws, and a removal of the Overseership, but desire that their land may not be sold without the mutual consent of the Indians and the General Court.

This memorial represents, 1. That no particular pains has been taken to instruct them. 2. That they are insignificant because they have had no opportunities. 3. That no enlightened or respectable Indian, wants Overseers. 4. That their rulers and the minister have been put over them, without their consent. 5. That the minister, (Mr. Fish,) has not a male member in his church of the Proprietors, and they believe twenty years would have been long enough for him to have secured their confidence. 6. That the laws which govern them and take away their property, are unconstitutional. 7. That the whites have had three times more benefit of the Meeting-house and the minister, than they have had. 8. That the business meetings for the tribe, have been held off the plantation, at an expense to them. 9. That their Fishery has been neglected and the whites derived the most benefit from it. [The Overseers admit that the Herring Fishery has not been regulated for fifty years, although in 1763, it appears it was deemed a highly important interest, and in 1818, the Commissioners reported that it ought to be regulated for the benefit of the Indians to the exclusion of the whites.] 10. That the laws discourage their people, who leave the plantation on that account. 11. That men out of the tribe are paid for doing what those in it are capable of doing for the plantation. 12. That the whites derive more benefit than themselves, from their hay, wood and timber. 13. That the influence of the whites has been against them, in their petitions for the past years. 14. That they believe they have been wronged out of their property. 15. That they want the Overseers discharged, that they may have a chance to take care of themselves. 16. That very many of their people are sober and industrious, and able and willing to do, if they had the privilege. All these statements will be found abundantly proved.