ey 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
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