William Apes and the Marshpee Indians, who were tried before
the Court of Common Pleas, in Barnstable County, were ably
defended by Mr. Sumner, of this city. Apes was sentenced by
Judge Cummings, to thirty days imprisonment in the common
jail. One other was sentenced to ten days imprisonment, and
the rest were not tried. When the sentence was pronounced,
several Indians who were present, gave indications of
strong excitement at what they conceive to be a tyrannical
persecution. It is much to be feared, that this unnecessary
and apparently vindictive course, pursued by the overseers
and their friends, after the Indians had become quiet, and
resolved to wait patiently for redress from the Legislature,
will inflame them to acts of violence, and give the whites,
who wish to oppress them, further advantages over them.
We have visited the greater part of the tribe recently, in
their own dwellings, and we know how strongly and unanimously
they feel upon the subject of what they really believe to be,
their slavery to the overseers. If, therefore, the course we
have pursued, and mean to pursue, in laying their claims to
justice before the public, entitles us to be listened to as
a friend, we beg them to abstain from all acts which violate
even the unjust and hard laws by which they are now held
in bondage. Resistance will furnish their enemies with the
strongest weapons against them, and discourage their friends.
Let them endure patiently, till the next Legislature meets,
and if there is any virtue or honesty in our public men, the
rights of the Marshpee Indians will be secured.
In our last article we said that it was impossible for the
Indians to have an impartial jury in Barnstable. We did not
mean that this arose from all the whites being opposed to
the Indians. They have many friends in Barnstable County, who
think them deeply injured, and who have no interest in keeping
them degraded, in order to enjoy the privileges which too many
whites now have, at the expense of the tribe. We alluded to
the influences that would be used upon the jury, as in
the case of Apes, where we learn, that three individuals,
favorable to the Indians, but having formed no opinion in that
case, were excluded from the regular jury. One of them was set
aside, for saying he thought the Indians ought to be free. We
are still at a loss to know under what law these Indians were
found guilty of riot, in preventing their own wood from
being carried off their own land. Where are all our Cherokee
philanthropists, at this time?
The injustice of the proceedings of the Barnstable Court of Common
Pleas and Sessions, is here fitly exposed. In empanelling the jury, it
is certain that no name of one favorably inclined toward the Indians
was selected, and there are many who do not scruple to say, that it
was the determination of the Court to condemn them, right or wrong.
Nevertheless, it appeared from the evidence brought, that no fear or
alarm whatever had been occasioned to the complainants; and that all
they had to complain of was having been hindered from taking away the
Marshpees' wood.
It may not be amiss to say here, that when the honorable Judge said he
thought it would be well to postpone the case till the next session,
the District Attorney, Mr. Warren, replied that he did not think it
would be proper, because such a course would involve the Commonwealth
in extra expense. I should like to ask what thanks are due to
the learned gentleman from the Commonwealth, for subjecting it to
continued reproach and disgrace for the sake of a few dollars. Or, can
it be that there is no disgrace in persisting in wrong toward Indians?
Let those who think so, think so still; but there are many who think
otherwise, and there is one above who knows that they think rightly.
When the witnesses and the pleadings had been heard, the jury retired,
for the sake of decency, and presently returned with a verdict of
_guilty_. I thought that his Honor appeared to be pleased with it. The
judgment was suspended about two hours, when the Court again sat, and
the matter was called up. There was not a little said concerning
the case. Messrs. Reed, Sumner, Holmes and Nye, of Yarmouth, Boston,
Rochester, and Sandwich, all professional men, were opposed to the
course pursued by the Court, and thought that an exposition of the
law to us and reprimand would be productive of a better effect, than
imprisonment, or other severe punishment, which they justly believed
would do no good whatever. Their judgment has since been confirmed by
public opinion, and by the acts of the Legislature.
Since this affair took place, I have been kindly informed by a
gentleman of Barnstable, that my punishment was not half severe
enough. I replied that, in my mind, it was no punishment at all; and I
am yet to learn what punishment can dismay a man conscious of his own
innocence. Lightning, tempest and battle, wreck, pain, buffeting and
torture have small terror to a pure conscience. The body they may
afflict, but the mind is beyond their power.
The gentleman above mentioned, and one other, have frequently said to
the Marshpees, "If you will only get rid of Apes, and drive him off
the plantation, we will be your friends." This has been their continued
cry since I began to use my poor endeavors to get the Indians righted;
and if it is not now universally believed that it is impossible to
benefit and befriend the Indians while I am among them, it is not
because they have spared any pains to propagate the doctrine. One
would think, to hear these gentlemen talk, that they have a strong
desire to benefit the Marshpees; and the question naturally arises,
what steps they would take to this end, if they had the power. If
we are to judge of the future by experience of the past, we may
reasonably suppose that they would profit the tribe, by getting
possession of their property, and making their own advantage of it.
The Taunton Gazette found fault with the government of the
Commonwealth, for having placed the Marshpees under its laws contrary
to their wish and consent, and denies its right so to do. This may
be considered as in some degree indicative of the feeling of the good
people of Taunton; and there are many other towns in Massachusetts
where a kindly feeling is entertained for our persecuted race. We
believe the wish to relieve us from bondage is general throughout the
State, and we earnestly hope that a few designing men will not be able
to accomplish their selfish ends, contrary to the will of a majority
of the people.
The next article is from the Boston Advocate, of December 4, 1833.