Memoirs of a Captivity Among the Indians of North America, by John Dunn Hunter; 3rd edition (London: Longman, Hurst, Rees, Ohme, Brown, & Green, 1824)
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CHAP. X.
CRIMES AND MODES OF PUNISHMENT.
There happen but very few occurrences among the Indians, which are regarded as criminal. I have never heard of an instance of treason, or conspiracy against any of their communities, and know of no punishment for such an offence. But, if I understand the Indian character, an individual detected in holding a correspondence with the enemies of his country, would, I venture to assert, suffer instant death by the hands of the detector.
Murder, ingratitude, cowardice, adultery, stealing and lying, constitute nearly the whole list of their crimes.
The first is punished "blood for blood," according to the Mosaic law, by the relations of the deceased, without regard to the justification of trial and condemnation.
Ingratitude is certain to involve the offender in a loss of character; and this offence, and cowardice, are represented in more hideous colours, and dwelt on with more pointed emphasis by the squaws and old men, in their lessons to the youth, than any other, with the exception of murder, in their whole catalogue. It is sometimes punishable with death: for, should an Indian, who had been taken prisoner, accept grace by being adopted into the family of his captors, and afterwards abscond and be retaken fighting against
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them, he would forfeit his life, without the possibility of a second reprieve.
Loss of reputation is not the only consequence of cowardice. Among the Kansas, when it cannot be corrected, they destroy cowards, probably with a view to nerve the young warriors in the practice of the opposite quality.
I witnessed one of these executions, which originated in the following circumstances, and was conducted in the following manner.
The Kansas had returned from a successful war excursion, in which one of their party, who had on a former occasion been culpable, behaved in a very cowardly manner. The whole nation, except those who had lost relations, and Te-pa-gee, the subject for chastisement, was engaged in rejoicings appropriate to the occasion of victory. Te-pa-gee, probably without the least suspicion of the destiny that awaited him, had withdrawn from the public ceremonials, and sullenly seated himself on the trunk of a tree adjacent to the river. Shortly after, and apparently without design, the squaws and children in their dances approached the river, near the place occupied by him; when E-gron-ga-see walked carelessly through the festive groups, presented himself before the astonished culprit, and proclaimed to him, in a voice audible to all present, "Thy cowardice has forfeited thy life." The sports instantly ceased; all was silence and consternation: E- gron-ga-see drew his knife from beneath his robe, Te-pa-gee bared his bosom, received a th[ru]st to the heart, and died without scarcely uttering a groan.
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The warriors then assembled with the witnesses of this tragic scene; the executioner, addressing his audience in a few words, stated the reprehensible conduct of the deceased, and the necessity that existed for inflicting so signal a punishment; after which all returned to their respective homes.
I need not attempt to describe the feelings which this event occasioned in my mind, and those of the young Indians generally. We all concluded, that, in preference to suffering such ignominy, we would die a thousand deaths, if it were possible, in defence of our country; and the old men and squaws availed themselves of the occurrence to confirm and strengthen our resolutions.
The Indians claim the sole disposal of their wives; and although, in many instances, they devote them to the sensual gratification of their friends, without associating the least impropriety to the transaction, yet they regard a voluntary indulgence of the passions, on their part, as an unpardonable offence.
Incontinency after marriage, apart from that tolerated by custom, as above noticed, can scarcely be numbered among the sins prevalent among the Indians. The men reprobate lasciviousness, as unbecoming the character of the warrior; hence, though their temperament may be as ardent as is common to any particular race of the human family, they affect a phlegmatic disposition, to which the love of reputation and glory forces them to conform their habits.
The women are not less ardent than the men; but the love of character, the apprehension of suffering,
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and the continency of their husbands, combine in general to establish similar habits.
This, however, is not uniformly the case, more particularly with those who have adjuncts to participate in the favours of their husbands; with such, dereliction from duty occurs much more frequently than it does, where the conjugal relations are more consistently balanced between the sexes.
Repudiation is the punishment most generally inflicted for this offence; and it is resorted to both by men and women, especially when an ex- parte attachment exists. On the part of the men the punishment is, however, discretionary. They sometimes cut off their hair; slit, or cut off their noses or ears: at others, when they have many children, they merely discontinue all intercourse with them, and substitute other wives in their stead. I knew of an instance in which the outraged husband took the life of his light-footed squaw. He was himself an eye-witness to her offence; he loved, and had never suspected: anger, for the moment, triumphed over reason; he directed his tomahawk, and the blow was unerring. This circumstance produced some excitement among her relations; but no attempt was ever made, within my knowledge, to revenge her death.
Among the individuals of some tribes or nations, theft is a crime scarcely known. They have neither fastenings to the doors of their lodges, nor any secret place for the security of their effects; and they leave them for days together, or retire to rest, without entertaining the least apprehension for their own safety,
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or that of their property. They however are taught from infancy, that it is not only right, but a duty, to depredate on the goods and effects of their enemies, and such as maintain equivocal relations with them. But these observations will not apply universally; for, in some which have become more settled, a distinction of, and desire to accumulate property exists in a limited degree. Under such circumstances, the means of obtaining a livelihood are more difficult, and the indolent are more apt to become dishonest. The offender is sometimes punished by banishment; but, in general, he is made to restore the stolen goods, and, if able, sometimes threefold.
Falsehood they esteem much more mean and contemptible than stealing. The greatest insult that can be offered to an Indian, is, to doubt his courage: the next is, to question his honour or truth: then to doubt his ability to hunt and travel, and to slight his proffered hospitality and friendship. But insults are not accounted crimes, except against individuals.
Lying, as well as stealing, entails loss of character on habitual offenders; and, indeed, an Indian of independent feelings and elevated character will hold no kind of intercourse with any one who has been once clearly convicted.
For the commission of all crimes, insults, and offences, the party or individual injured is the executor of its own revenge, except in the case of bloodshed, when, as before remarked, it devolves on the nearest relations of the deceased, who seldom relax in their
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resentments short of obtaining the most ample satisfaction.
In general they are just one towards another, and inculcate and practise the moral duties, no doubt because experience has taught, that such conduct is the most conducive to their own and the public happiness. Nevertheless, difficulties sometimes occur, which cannot be accommodated even by the interposition of the influence of the national councils. In such cases, one or other of the parties, with its adherents, separates from the nation.
While I lived with the Kansas, a young girl who had been adopted into the Wolf family, was insulted by a young Indian, belonging to the family distinguished by the name of the Panther. The girl entertained a strong antipathy for this would-be gallant, and, in retaliation for offered violence, or rather in self-defence, inflicted several dangerous wounds with a scalping-knife. At first the parents of the parties sided with their respective children, and afterwards the entire families became involved in the quarrel, and some lives were lost on both sides. The affair assuming a serious aspect was carried before the councils, which at first, from the motives before noticed, refused to give it consideration; nor did their final decision satisfy both parties; and the most feeble one abandoned the village, and established a settlement considerably farther up, on the Kansas river. After I left them, the parties became reconciled in consequence of a war with the Pawnees, and the discontented returned to their former habitations.
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In common, the councils do not intermeddle with private disputes; because, as the Indians say, it would have a tendency to increase the evil, by increasing its consequence.
When complaints are preferred, their answer generally is, that "none but squaws become involved in troubles and disputes, from which they cannot extricate themselves."
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CHAP. XI.
MANNER OF COUNTING TIME, TRADITIONS, TUMULI, MONUMENTS, &c.
Their mode of reckoning time is very simple. Their year begins about the vernal equinox, or at the lengthening of the days: their menstrual periods are reckoned from one full moon to another; and their diurnal, or rather nocturnal, for they count nights instead of days, from sunset to sunset. The first month they denominate the hunting, bird, or singing month; because in it they begin to hunt,f and the birds begin to pair, and sing. The second they call the flower month, because in it the greatest part of the plants are in blossom. The third they call the planting month; as during it they plant the seeds of such vegetables as they cultivate. The fourth is called the salt month, on account of the game first collecting in vast herds about the salt-licks, which have generally become strong at this period. The fifth is called the buffalo, because in it the male and female begin to herd together. The sixth is called the corn, or plum month; because green corn is then first gathered, and the plums become ripe. The seventh is called the harvest month, because it is that in which the corn is gathered. The eighth is called the bear, or smoky month, because these animals are now fat, and the season for killing them commences, and because
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the atmosphere is generally very smoky, from the fires that prevail. The ninth they distinguish as the buck, or windy month; because in it the bucks cast their horns, and the winds blow more violently. The tenth is the freezing, or snow month; because of the frost and snows which generally prevail. The eleventh is the dead month; because of the dreary aspect which all creation takes on. The twelfth they call the thaw, or rain month; because of the thaws and rains that prevail: and the thirteenth they call the sugar months; because in it they manufacture their sugar, from the maple and box elder trees.
Different nations observe the same annual divisions, though they give different names to the moons, all which, however, partake of the characteristic changes of the season.
I ought before to have noticed, that in their communications, they particularize different periods, when deemed necessary, by hieroglyphic figures indicative of these various characteristics; as, for instance, the planting month is represented by grains of sprouting corn, &c.
They have no general epochs from which to date, but each individual counts from the time when his fathers or ancestors flourished.
Their traditionary accounts all refer back to indefinite eras. They have many current among them, of which some have already been noticed, and the account may be extended somewhat further, perhaps to the amusement, though I cannot suppose to the improvement of my readers.
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Some relate, that the whole human family, and every living thing, like vegetables, sprang out of the earth many hundred snows ago: others, as before noticed, that the Great Spirit created at first only one of each sex, and placed them on an island in the midst of the great waters, which, in the process of time, became too small for their accommodation, and threatened them with great calamities. In this distress, the woman, who was remarkable for her piety and goodness, prayed to their Great Father, who took compassion on them, and sent the beavers, musk-rats, and turtles, to enlarge it with materials from the bottom of the ocean, which they collected in such great quantities, as to give to the island the present extent of our earth.
The different tribes have very different traditions: some of them are truly ludicrous, and are related with a seriousness not very reputable to their credulity and understanding; of this nature is the following: it is often repeated by the women themselves. It states that the red men were furnished with long tails, but that having offended the Great Spirit, he deprived them of these ornaments, and from them created the women. As an additional punishment, he sent large swarms of mosquitoes to prey upon them, which, when they were thus mutilated, could torment them with greater impunity.
I ought not perhaps to have prefaced this oral account of the Indians with any remarks of my own, because without them the advocates of the hypothesis that all mankind were once quadrupeds, might have
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used it with more plausibility as an argument in support of those which they have already advanced.
The Indians do not pretend to any correct knowledge of the tumuli or mounds that are occasionally met with in their country. They believe their origin artificial, and the production of necessity and custom, in respect to defence and interments of the dead. One tradition of the Quapaws states, that a nation differing very much from themselves, inhabited the country many hundred snows ago, when game was so plenty that it required very slight efforts to procure a subsistence, and when there existed no hostile neighbours to render the pursuit of war necessary. They then merely for sport collected the earth into heaps, which have ever since remained, and been used by other nations which have succeeded to their possession, as the depositories of their dead. Another states that they have been constructed to protect the red men from the attacks of wild beasts, which formerly were very large, and used to destroy many of the Indians; but that finally the Great Spirit commiserated his red children, and taught them the use of the bow and arrow, by which means they had destroyed their enemies, and the use of this kind of defence had become unnecessary; while others state, that they were built solely for securing one nation from being suppressed by another. All concur in their great antiquity, and most of them in their having been the work of a people which had altogether ceased to exist, before those hunting-grounds came into the possession of the ancestors of the present occupants.
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The Indians are well acquainted with the circumstance of their containing human bones; and many, notwithstanding their traditionary accounts, believe them to have been the depositories of the dead for a nation of men which now no longer exists. These mounds are regarded with great reverence, and are frequently resorted to by the Indians when in their neighbourhoods, as places sacred to their devotional exercises.
There are other elevations differing materially from the mounds above noticed, which were formerly, and are at present, exclusively devoted to burying their dead. They are composed of stones and earth, placed in such a manner as to cover and separate one dead body from another. These, however, are the burying-places of the modern Indians, and will be more particularly noticed when I treat of their manner of interment.
The memory of the squaws is the principal repository of their historical treasures, for such are their traditions esteemed. Hence uncommon diligence and pains are taken by the aged, to repeat circumstantially to their children all that they themselves have been taught. They relate to a great variety of subjects, which no doubt at first originated in truth; but which, from a love of the marvellous, incident, I believe, to the whole human family, have in general been so transformed through a succession of ages, as to be entitled to no more credit than the witchcraft stories and ballads, that constitute the evening's amusement in some circles among the white people.
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The Indians are particularly careful to preserve memorials of those who have discharged their duty to their country. These, however result only from individual feelings; for they seldom, if ever, execute any public commemorative measures. Every thing, however, which has been deposited in the council lodge by the chiefs or distinguished warriors, is carefully preserved, and referred to on particular occasions. The young warrior, when he assumes his station in the national councils, takes indescribable pleasure in these records of the bravery of his ancestors, and the older ones dwell on the relation of the virtues and prowess of their original proprietors with peculiar satisfaction.
Preceding their entrance upon active warfare, they serve, next to the war dances, the most important purpose of inspiring to valorous deeds, and a contempt for danger and death.
At, or soon after burial, the relations of the deceased sometimes cover the grave with stones, and for years after occasionally resort to it, and mourn over or recount the merits and virtues of its silent tenant.
At others, they cut on smooth-barked trees, or on soft rocks, hieroglyphic histories of the remarkable events of individuals, which are read with great interest, not only by relatives and friends, but by strangers.
Every thing connected with the dead is regarded as sacred, even between nations where the most inveterate hostility exists; and instances have taken place in which they have contributed to perpetuate
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the excellencies of an unfortunate fallen foe. At least, so say some of the Osages; but from my knowledge of the Indian character, I am disposed to regard such commemoratives rather as the result of private friendship than of public magnanimity; because, with them, the title to excellence is only awarded to friends; while the reverse is liberally bestowed on their enemies.