THE INDIANS.

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.

Indian Nullification of the Unconstitutional Laws of Massachusetts Relative to the Marshpee Tribe Or, the Pretended Riot Explained · 第 19 / 48 题