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.
TEMPERANCE AMONG THE INDIANS AT MARSHPEE.
The Indians met upon the 11th of October to take into consideration the cause of temperance, and to investigate the evils that King Alcohol has practised upon us, by infusing into our heads fancied riches, fame, honor, and grandeur, making us the sovereigns of the whole earth. But having been so often deceived, beat, abused and tyrannized over, and withal cheated, and robbed, and defrauded by this tyrant, and to cap the climax, almost deprived of our senses, burnt and nearly frozen to death, and all our expectations cut off as to the comforts of life, it was agreed upon, (after an appropriate address from the Rev. William Apes, setting forth the evils of intemperance and its awful effects in wasting away our race, like the early dew, before the morning sun,) by our most influential people to attack this mighty champion, and if possible, overcome him, and shut him up in prison, and set a seal upon him, that he shall deceive our nation no more. Accordingly a Temperance Society was formed, and the following officers were elected: Rev. William Apes, President; Rev. Joseph Amos, Vice President; Dea. I. Coombs, and Thomas Hush, Recording Secretaries; Dea. C. Hinson, Corresponding Secretary; Executive Committee, Oakes Coombs, Joseph Tobey, Frank Hicks. Forty-two of the tribe united in the pledge of Temperance.
Nov. 14. We met again, and the President again addressed the meeting, much to the satisfaction of the people. After which many others gave spirited addresses, setting forth the evils of intemperance, in a most pathetic manner. It has caused a wonderful effect, and our brethren are enlisting to take hold and shut up our great enemy in prison, and choke him to death by total abstinence. Friends of Temperance help.