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.

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