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.