Indian Nullification Of The Unconstitutional Laws Of Massachusetts Part 9

Restoring the rights of self-government, in part, to the Marshpee Indians, of which our legislation has deprived them for one hundred and forty years, pa.s.sed the Senate of Ma.s.sachusetts yesterday, to the honor of that body, without a single dissenting vote. Too much praise cannot be given to Mr.

Senator Barton, for the persevering and high-minded manner in which he has prepared and sustained this act. With two or three exceptions, but which, perhaps, may not be indispensable to the success of the measure, it is all the Indians or their friends should desire, under existing circ.u.mstances. The clause reserving the right of repeal, is probably the most unfortunate provision in the act, as it may tend to disquiet the Indians, and to give the Commissioner a sort of threatening control, that will add too much to his power, and may endanger all the benefits of the seventh section. This provision was not introduced by the Committee, but was opposed by Messrs. Barton and Strong, as wholly unnecessary.

[_Daily Advocate_.

SMALL MATTER.

In the resolve allowing fees to the Marshpee Indians, who have attended as witnesses this session, the high-minded Senator Hedge of Plymouth, succeeded in excluding the name of William Apes, as it pa.s.sed the Senate; but the House, on motion of Col. Thayer, inserted the name of Mr. Apes, allowing him his fees, the same as the others. Mr. Hedge made a great effort to induce the Senate to non-concur, but even his lucid and _liberal_ eloquence failed of its _n.o.ble_ intent, and the Senate concurred by a vote of 13 to 6. Mr. Hedge must be sadly disappointed that he could not have saved the State twenty-three dollars, by his manly efforts to injure the character of a poor Indian. Mr. Hedge, we dare say, is a descendant from the pilgrims, whom the Indians protected at Plymouth Rock! He knows how to be _grateful_!

[_Daily Advocate_.

It appears that I, William Apes, have been much persecuted and abused, merely for desiring the welfare of myself and brethren, and because I would not suffer myself to be trodden under foot by people no better than myself, as I can see. In connection with this, I say I was never arraigned before any Court, to the injury of my reputation, save once, at Marshpee, for a pretended riot. An attempt to blast a man merely for insisting on his rights, and no more, is a blot on the character of him who undertakes it, and not upon the person attempted to be injured; let him be great or small in the world's eyes. I can safely say that no charge that has ever been brought against me, written or verbal, has ever been made good by evidence in any civil or ecclesiastical court. Many things have been said to my disparagement in the public prints. Much was said to the General Court, as that I was a gambler in lotteries, and had begged money from the Indians to buy tickets with. This calumny took its rise from certain articles printed in the Boston Gazette, written, as I have good reason to believe, by one Reynolds, a proper authority. He has been an inmate of the State prison, in Windsor, Vermont, once for a term of two years, and again for fourteen, as in part appears by the following certificate of a responsible person.

CONCORD, N.H. JUNE 27, 1832.

_To all whom it may concern_.

This may certify, that _John Reynolds_, once an inmate of Vermont State Prison, and since a professed Episcopal Methodist, and also a licensed local preacher in Windsor, Conn. came to this place about June, 1830, recommended by Brother J. Robbins, as a man worthy of our patronage; and of course I employed him to supply for me in Ware and Hopkinton, (both in N.H.) in which places he was for a short time, apparently useful. But the time shortly arrived when it appeared that he was pursuing a course that rendered him worthy of censure. I therefore commenced measures to put him down from preaching; but before I could get fully prepared for him, he was gone out of my reach. I would however observe, he wrote me a line from Portsmouth, enclosing his license, also stating his withdrawal from us; and thus evaded trial. We have, therefore, never considered him worthy of a place in any Christian church since he left Hopkinton, in May, 1831. And I feel authorized to state, that he does not deserve the confidence of any respectable body of people.

E.W. STICKNEY, Circuit Preacher, In the Methodist Episcopal Church.

His wrath was enkindled and waxed hot against me, because I thought him scarce honorable enough for a high priest, and could not enter into fellows.h.i.+p with him. I opposed his ordination as an elder of our church, because I thought it dishonor to sit by his side; and he therefore tried to make me look as black as himself, by publis.h.i.+ng things he was enabled to concoct by the aid of certain of my enemies in New York. They wrote one or two letters derogatory to my character, the substance of which Reynolds took the liberty to publish. For this I complained of him to the Grand Jury in Boston, and he was indicted.

The following is the indictment:

The Jurors for the Commonwealth of Ma.s.sachusetts, on their oath present, that John Reynolds of Boston, Clerk, being a person regardless of the morality, integrity, innocence and piety, which Ministers of the Gospel ought to possess and sustain, and maliciously devising and intending to traduce, vilify and bring into contempt and detestation one William Apes, who was on the day hereinafter mentioned, and still is a resident of Boston aforesaid, and duly elected and appointed a minister of the gospel and missionary, by a certain denomination of Christians denominated as belonging to the Methodist Protestant Church; and also unlawfully and maliciously intending to insinuate and cause it to be believed, that the said William Apes was a deceiver and impostor, and guilty of crimes and offences, and of buying lottery tickets, and misappropriating monies collected by him from religious persons for charitable purposes, and for building a Meeting-house among certain persons called Indians.

On the thirteenth day of August now last past, at Boston aforesaid, in the County of Suffolk aforesaid, unlawfully, maliciously, and deliberately did compose, print and publish, and did cause and procure to be composed, printed and published in a certain newspaper, called the "Daily Commercial Gazette," of and concerning him the said William Apes, and of and concerning his said profession and business, an unlawful and malicious libel, according to the purport and effect, and in substance as follows, that is to say, containing therein among other things, the false, malicious, defamatory and libellous words and matter following, of and concerning said William Apes, to wit: _convinced at an early period of my_ (meaning his the said Reynolds) _acquaintance with William Apes_, (meaning the aforesaid William Apes,) _that he_ (meaning said William,) _was not what he_ (meaning said William,) _professed to be; but was deceiving and imposing upon the benevolent and Christian public_, (meaning that said William Apes was a deceiver and impostor,) _I_ (meaning said Reynolds,) _took all prudent means to have him_ (meaning said William,) _exposed, and stopped in his_ (meaning said William,) _race of guilt_, (meaning that said William had been guilty of immorality, dishonesty, irreligion, offences and crimes;) _these men_, (meaning one Joseph Snelling and one Norris,) _were earnestly importuned to investigate his_ (meaning said William,) _conduct, and enforce the discipline_ (meaning the discipline of the church,) _upon him_ (meaning said William,) _for crimes committed since his_ (meaning said William's) _arrival in this city_, (meaning said city of Boston, thereby meaning that said William Apes had been guilty of crimes in said Boston,) _though well acquainted with facts, which are violently presumtive of his_ (meaning said William's) _being a deceiver, his_ (meaning said William's) _friends stand by him_, (meaning said William's) _and will not give him_ (meaning said William,) _up, though black as h.e.l.l_, (meaning that said William was a deceiver, and of a wicked and black character.) _When I am informed that he_ (meaning said William) _is ordained_, (meaning as a minister of the gospel,) _that he_ (meaning said William,) _is by permission of the brethren travelling, and permitted to collect money to build the house aforesaid_, (meaning the aforesaid Meeting-house,) _for his_ (meaning said William's,) _Indian brethren to wors.h.i.+p G.o.d in, I shudder not so much because he_ (meaning said William,) _is purchasing Lottery Tickets_, (meaning that said William was purchasing Lottery Tickets, and had spent some of the aforesaid money for that purpose,) _but because I know of his_ (meaning said William's) _pledge to the citizens of New York and elsewhere_, to the great injury, scandal, and disgrace of the said William Apes, and against the peace and dignity of the Commonwealth aforesaid.

SAMUEL D. PARKER, Attorney of said Commonwealth, within the County of Suffolk.

PARKER H. PEIRCE, Foreman of the Grand Jury.

A true Copy.--Attest, THOMAS W. PHILLIPS, Clerk of the Munic.i.p.al Court of the City of Boston.

Subsequently, I entered civil actions against two others, for the same offence, and had them held to bail in the sum of fifteen hundred dollars, with sureties. This soon made them feel very sore. They had put it in my power to punish them very severely for giving rein to their malignant pa.s.sions, and they asked mercy. I granted it, in order to show them that I wanted nothing but right, and not revenge; and that they might know that an Indian's character was as dearly valued by him as theirs by them. Would they ever have thus yielded to an Indian, if they had not been compelled? I presume it will satisfy the world that there was no truth in their stories, to read their confessions, which are as follows:

_Extract from a letter written by David Ayres, to Elder T.F.

Norris, dated New Orleans, April 12, 1833_.

"I have arrived here this day, and expected to have found letters here from you, and some of my other brethren respecting Apes' suit. I never volunteered in this business, but was led into it by others, and it is truly a hard case that I must have all this trouble on their account."

_Extract of a letter written by David Ayers to William Apes, dated July 1, 1833_.

"I am, and always have been your friend, and I never expected that any things I wrote about you, would find their way into the public papers. I am for peace, and surely I have had trouble enough. I never designed to injure you, and when all were your enemies, I was your warm friend."

_Extract from a letter written by G. Thomas to Rev. Thomas F.

Norris, dated New York, July 12, 1833_.

"William Apes might by some be said to be an excepted case; but when this is fairly explained and understood, this would not be the fact. My good friends of Boston, and my active little brother Ayres, are to blame for this, and not me. I had no malice against him, I never had done other than wish him well, and done what I hoped would turn out for the best; but knowing he was liable to error (as) others, and the case being placed in such colors to me, I awoke up; and being pressed to give what I did in detail as I thought, all for the good of the cause and suffering innocence; but I am sorry I ever was troubled at all on the subject; I thought that brother Reynolds was a fine catch; but time I acknowledge is a sure tell-tale. And by the by, they have caught me, and eventually, unless Apes will stop proceedings, I must bear all the burthen. Reynolds has got his neck out of the halter, and Ayres is away South, and may never return; and poor me must be at all the trouble and cost, if even the suit should go in my favor. Can I think that Apes will press it? No. I think he has not lost all human milk out of his breast, and will dismiss the suit; and, as to my share of the cost, if I was able, that should be no obstacle. If he will stop it all, if my friends do not settle it, I will agree to, as soon as I am able."

I hereby certify, that I have copied the foregoing pa.s.sages from the letters purporting to be from David Ayres and G.

Thomas, respectively, as above mentioned, and that said pa.s.sages are correct extracts from said letters. I further certify, that, as the Attorney of said William Apes, I acted for him in the suits brought by him against said Thomas and Ayres for libel, that while said suits were pending, said Apes manifested a forgiving and forbearing disposition, and wished the suits not to be pressed any further than was necessary to show the falsehood of the statements of said Ayres and Thomas, and contradict them; and, that he expressed himself willing to settle with them upon their paying the cost, and acknowledging their error, in consequence of which, by direction from him, after he had perused said letters, I accordingly discharged both suits, the bail of said Thomas and Ayres paying the costs, which amounted to fifty dollars.

I further certify, that during my acquaintance with said Apes, which commenced as I think, in March last, I have seen nothing in his character or conduct, to justify the reports spread about him, by said Thomas and Ayres; but on the contrary, he has appeared to me to be an honest and well disposed man.

HENRY W. KINSMAN, No. 33, Court Street. _Boston, November 30, 1833_.

I, the subscriber, fully concur in the above statement.

JAMES D. YATES, Elder of the Methodist Protestant Church.

The original confession of Reynolds being lost, I trust that the following certificate will satisfy the reader that it has actually had existence.

_To whom it may concern_.

This is to certify that I have repeatedly seen, and in one instance, copied a paper of confession and _retraction_ of Slanders, which the writer stated he had uttered, and published in papers of the day, against William Apes, the preacher to the Marshpee tribe of Indians, signed, John Reynolds, and countersigned as witness, by William Parker, Esq. The copy taken of the above mentioned confession by the subscriber, was sent to the Rev. T.R. Witsil, Albany, N.Y.

THOMAS F. NORRIS, President of the Protestant Methodist Conference, Ma.s.s.

Attest, JAMES D. YATES.

_Boston, May 7, 1835_.

Nevertheless, lest this should not be sufficient, I am prepared to defend myself by written certificates of my character and standing among the whites and natives, (the Pequod tribe,) in Groton. They are as follows:

We the undersigned, native Indians of the Pequod tribe, having employed Rev. William Apes as our Agent, to a.s.sist us, and to collect subscriptions and monies towards erecting a house to wors.h.i.+p in, do hereby certify, that we are satisfied with his agency; and that we antic.i.p.ated that he would deduct therefrom, all necessary expenses, for himself and family, during the time he was employed in the agency, as we had no means of making him any other remuneration.

By permission, FREDERICK X[Note: sideways X] TOBY, LUCRETIA GEORGE, By permission, MARY X[Note: sideways X] GEORGE, By permission, LUCY X[Note: sideways X] ORCHARD, WILLIAM APES, By permission, MARGARET X[Note: sideways X] GEORGE.

I, Pardon P. Braton of Groton, in the County of New London, and State of Connecticut, of lawful age, do depose and say, that I was present when the above signers attached their names to the above certificate, by them subscribed, and am knowing to their having full knowledge of the facts therein contained; and further the deponent saith not

PARDON P. BRATON.

_Groton, Dec. 3, 1832_.

County of New London, ss.--Groton, Dec. 3, 1832. Personally appeared, Pardon P. Braton, and made solemn oath to the truth of the above deposition, by him subscribed. Before me,

WILLIAM M. WILLIAMS, _Justice of the Peace_.

GROTON, INDIAN TOWN, CONN.

This may certify, that we, the subscribers, native Indians of the Pequod tribe, do affirm by our signatures to this instrument, that William Apes, Senior, went by our request as Delegate, in behalf of our tribe, to New York Annual Conference, of the Methodist Protestant Church, April 2, 1831.

The above done at a meeting of the Pequods, Oct. 6, 1830.

WILLIAM APES, JR. Minister of the Gospel, and Missionary to that tribe.