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.