Indian Nullification of the Unconstitutional Laws of Massachusetts Relative to the Marshpee Tribe: Or, the Pretended Riot ExplainedApess, William
History
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.
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."_
Public-domain text, read in full here on John Shaqi.
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