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:

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