replied by asking why the agent did not come to us, if the Governor had sent him for that purpose, instead of going to a tavern and calling on us to come to him there. I now suppose that this proceeding on his part was not so much his fault as that of one Ezra Crocker, who received twenty dollars per annum for entertaining the Indians in his house, and who not unfrequently thrust them out of doors. Nevertheless, we sent the agent an answer in writing, to the following effect.

To the Honorable Agent sent by the Governor to inquire into our affairs.

Dear Sir,

We are much gratified to see that the Governor has noticed us so much as to inquire into our affairs. Your request could not be attended to yesterday; our people being very busy in the affairs of the day; but we will meet you with pleasure this morning at nine o'clock, at our meeting-house, there being no other place where we should like to see you for an interview.

DANIEL AMOS, President. July 4th, 1833.

At the time appointed, we met the Counsellor, and he appeared to enjoy himself very well among us. When the meeting had been called to order, it was observed that the Overseers were not present, and it was proposed to send for them, that they might have fair play and hear of what faults they were accused. They came, accompanied by the High Sheriff of Barnstable County, the Hon. J. Reed of Yarmouth, and several other whites, who were invited to take seats among us. The excitement which pervaded Cape Cod had brought these people to our council, and they now heard such preaching in our meeting-house as they had never heard there before; the bitter complainings of the Indians of the wrongs they had suffered. Every charge was separately investigated by our people, who gave the entire day to the work. The white persons present seemed very uneasy; often getting up, going out and returning, as if apprehensive of some danger. The ground work of their fears, if they had any, was this: Three of our people, who had been out in the morning, hunting deer, had brought their guns into the meeting house, and this circumstance was thought, or pretended to be thought by a few of our neighbors to portend violence and murder. Also the Counsellor had brought a letter from the Governor, indicating that he had been led, by wrong reports, to believe that something of the kind was likely to take place.[2]

This letter was read to the people, and was to them as a provocation and a stimulus. They thought it grievous that the Governor should think they had put him in mind of his oath of office, to secure the Commonwealth from danger, and given him cause to call out perhaps fifty or sixty thousand militia; especially when the great strength and power of the Marshpee tribe was considered. To this supposed great demonstration of military power they might, possibly, have opposed a hundred fighting men and fifteen or twenty rusty guns. But it is written, "One shall chase a thousand, and two shall put ten thousand to flight;" so there might have been some reason for persons who believe the Bible to fear us. Who can say that little Marshpee might not have discomfitted great Massachusetts. Nevertheless, the birth place of American freedom was spared so great a disgrace; for the governor, very wisely, remained at home.

Toward the close of the day Mr. Fiske desired the Hon. Mr. Reed to explain to the Indians the laws, as they then stood, and the consequences of violating them. He told us that merely declaring a law to be oppressive could not abrogate it; and that it would become us, as good citizens whom the government was disposed to treat well, to wait for the session of the Legislature, and then apply for relief.[3] "He went fully," says one reporter, whose name it may be well to omit, "into the situation of the tribe, in a very forcible and feeling manner, warning them against the rash measures they had already taken or adopted."

Mr. Fiske then pathetically stated his opinions concerning the awful consequences which would result from a violation of the laws, and spoke much at large of the parental feeling of government for the remnant of a once mighty and distinguished race. Wm. Apes replied that the laws ought to be altered without delay; that it was perfectly manifest that they were unconstitutional, and that, even if they were not so, there was nothing in them to authorize the white inhabitants to act as they had done. Being very anxious to learn what amount of good his brethren might expect, he spoke with an energy that alarmed some of the whites present considerably. The Hon. Mr. Reed questioned him as to his right to interfere. He replied that he had obtained it by the adoption of the tribe.

Mr. Reed, if I correctly understood him, answered that the Indians had no right to do such an act; no power to confer such a privilege. I replied, that if the plantation belonged to them, they undoubtedly had a right to give me leave to dwell upon it. Many other things he said of which I could not see the reasonableness and propriety, and therefore we could not come to an agreement.

While these things were being done and said, as I have reason to believe, a warrant for my apprehension was put into the hands of the High Sheriff, who, it appeared to me, was not very desirous to execute it. He approached me, and with some agitation, told me I must go with him to Catuiot; and added, that if I did not accompany him peaceably, he would have out the whole county of Barnstable. I was not conscious of giving any cause for this perturbation of mind, but I suppose others saw my conduct in a different light. It is admitted by all that nothing was done contrary to good order, though I admit, that if I had refused to obey the warrant, the Sheriff would not have been able to enforce it. The fact is I was in no wise unwilling to go with him, or to have my conduct brought to the test of investigation, or to give all the satisfaction that might be required, had it appeared that I had done wrong. I was also very desirous to have the truth appear, viz. that it was not the intention or wish of the Marshpees to do violence or shed blood.

The Sheriff told me that I should not suffer any injury or injustice, and that I should have a hearing in the presence of my friend, Mr. Fiske. I went with him very quietly. The excitement ran very high, and almost all Cotuet was present at my examination. If wishes could have availed, I doubt not that I should have been ruined forever. I was arraigned on three charges: for riot, assault, and trespass; and pleaded NOT GUILTY.

The Messrs. Sampsons, four in number, were called, and testified as follows, That on the first day of July, between eight and nine, A.M. they were carting wood from the Marshpee plantation, that they were hailed by Wm. Apes, and forbidden by him to take any wood away until a settlement with the overseers should have been had; that the said Apes threatened them that he would call his men if they persisted, who would "cut up a shine with them,"[4] (the Sampsons.) They all agreed, however, that no unchristian temper was manifested, and no indecorous language used. They admitted that they had no fear for their personal safety, and that no harm was done to any of the persons concerned, save unloading their teams, and ordering them to depart.

Now if I had taken any neighbors' wood without his leave, and he had thrown it out of my cart, and told me to go away, and had given me no farther molestation, I should think I had gotten off very easily. If a poor Indian wishes to get into a jail or penitentiary, that is just the course I would advise him to pursue. I leave it to the reader to say who were the persons aggrieved and injured, and that had the right to complain of trespass.

It was thought proper, by