Indian Nullification of the Unconstitutional Laws of Massachusetts Relative to the Marshpee Tribe: Or, the Pretended Riot ExplainedApess, William
History
Indian Nullification of the Unconstitutional Laws of Massachusetts Relative to the Marshpee Tribe: Or, the Pretended Riot Explained
Apess, William
Indians of North America -- Legal status, laws, etc.; Mashpee Indians -- Land tenure; Mashpee Indians -- Legal status, laws, etc.
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?
Public-domain text, read in full here on John Shaqi.
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