Indian Nullification of the Unconstitutional Laws of Massachusetts Relative to the Marshpee Tribe: Or, the Pretended Riot ExplainedApess, William
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Indian Nullification of the Unconstitutional Laws of Massachusetts Relative to the Marshpee Tribe: Or, the Pretended Riot Explained
Apess, William
Indians of North America -- Legal status, laws, etc.; Mashpee Indians -- Land tenure; Mashpee Indians -- Legal status, laws, etc.
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.
Public-domain text, read in full here on John Shaqi.
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