Source: Amy Notes (ID702)
Author: Howard, Amy (ID633)
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There are many petty crimes which their young people are guilty of, -- to which our laws annex sever
There are many petty crimes which their young people are guilty of, -- to which our laws annex severe punishment, but their's only an ironical way of jesting. They commend the criminal before a large audience, for practising the virtue, opposite to the crime, that he is known to be guilty of.
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Indians had mostly self-government
Date Created: 2023-10-12 20:56:17
Source: The History of the American Indians (ID 298)
Author: Adair, James (ID 213)
Content_id: 21122
GENERAL OBSERVATIONS ON THE NORTH AMERICAN INDIANS From what hath been already said, it must be evident, that with proper cultivation, they would shine in higher spheres of life; and it is not an easy matter to seduce them from their supposed interests, to the incoherent projects, that our home-bred politicians confidently devise over their sparkling bowls and decanters. The friendly and warlike Indians have an intense affection to their country and people, and so have the British Americans: and whatever some may think of the colonists martial abilities, our wise statesmen may be soon convinced, that they will be able to maintain all the invaluable blessings of free men for themselves, and convey them to their posterity in their purity and lustre, according to the old English constitution, which is built on plain wholesome laws, and not on the sophisms of tyranny. This leads me to speak of the Indian method of government. -- In general, it consists in a fœderal union of the whole society for mutual safety. As the law of nature appoints no frail mortal to be a king, or ruler, over his brethren; and humanity forbids the taking away at pleasure, the life or property of any who obey the good laws of their country, they consider that the transgressor ought to have his evil deeds retaliated upon himself in an equal manner. The Indians, therefore, have no such titles or persons, as emperors, or kings; nor an appellative for such, in any of their dialects. Their highest title, either in military or civil life, signifies only a Chieftain : they have no words to express despotic power, arbitrary kings, oppressed, or obedient subjects; neither can they form any other ideas of the former, than of "bad war chieftains of a numerous family, who inslaved the rest" The power of their chiefs, is an empty sound. They can only persuade or dissuade the people, either by the force of good-nature and clear reasoning, or colouring things, so as to suit their prevailing passions. It is reputed merit alone, that gives them any titles of distinction above the meanest of the people. If we connect with this their opinion of a theocracy, it does not promise well to the reputed establishment of extensive and puissant Indian American empires. When any national affair is in debate, you may hear every father of a family speaking in his house on the subject, with rapid, bold language, and the utmost freedom that a people can use. Their voices, to a man, have due weight in every public affair, as it concerns their welfare alike. Every town is independent of another. Their own friendly compact continues the union. An obstinate war leader will sometimes commit acts of hostility, or make peace for his own town, contrary to the good liking of the rest of the nation. But a few individuals are very cautious of commencing war on small occasions, without the general consent of the head men: for should it prove unsuccessful, the greater part would be apt to punish them as enemies, because they abused their power, which they had only to do good to the society. They are very deliberate in their councils, and never give an immediate answer to any message sent them by strangers, but suffer some nights first to elapse. They reason in a very orderly manner, with much coolness and good-natured language, though they may differ widely in their opinions. Through respect to the silent audience, the speaker always addresses them in a standing posture. In this manner they proceed, till each of the head men hath given his opinion on the point in debate. Then they sit down together, and determine upon the affair. [Ignacio must have seen this in action when delivering the invitation to San Marcos.] Not the least passionate expression is to be heard among them, and they behave with the greatest civility to each other. In all their stated orations they have a beautiful modest way of expressing their dislike of ill things. They only say, "it is not good, goodly, or commendable" And their whole behaviour, on public occasions, is highly worthy of imitation by some of our British senators and lawyers. Most of their regulations are derived from the plain law of nature. Nature's school contemns all quibbles of art, and teaches them the plain easy rule, "do to others, as you would be done by;" when they are able, without greater damage to themselves, than benefit to their creditor, they discharge their honest debts. But, though no disputes pass between them on such occasions, yet if there be some heart-burnings on particular affairs, as soon as they are publicly known, their red Archimagus, and his old beloved men, convene and decide, in a very amicable manner, when both parties become quite easy. They have no compulsive power to force the debtor to pay; yet the creditor can distrain his goods or chattels, and justly satisfy himself without the least interruption -- and, by one of his relations, he sends back in a very civil manner, the overplus to the owner. These instances indeed seldom happen, for as they know each other's temper, they are very cautious of irritating, as the consequences might one day prove fatal -- they never scold each other when sober -- they conceal their enmity be it ever so violent, and will converse together with smooth kind language, and an obliging easy behaviour, while envy is preying on their heart. In general, they are very punctual in paying what they owe among themselves, but they are grown quite careless in discharging what they owe to the traders, since the commencement of our destructive plan of general licences. "An old debt," is a proverbial expression with them, of "nothing" There are many petty crimes which their young people are guilty of, -- to which our laws annex severe punishment, but their's only an ironical way of jesting. They commend the criminal before a large audience, for practising the virtue, opposite to the crime, that he is known to be guilty of. If it is for theft, they praise his honest principles; and they commend a warrior for having behaved valiantly against the enemy, when he acted cowardly; they introduce the minutest circumstances of the affair, with severe sarcasms which wound deeply. I have known them to strike their delinquents with those sweetened darts, so good naturedly and skilfully, that they would sooner die by torture, than renew their shame by repeating the actions. In this they exceed many christians. They are capable of being shamed out of their ill habits, and their method of cure is exceedingly more proper and merciful, than what we apply. Stripes and fines only inflame the distemper; when inflicted publicly for petty crimes, the culprit loses what is most valuable to human nature, the sense of shame. He that watches for persons crimes, to benefit and enrich himself at their damage, and the ruin of their families, is an enemy to society. If it is beneath our dignity to learn from the untaught Indian, let us turn to the records of Athens, Sparta, and Rome. When their slaves were guilty of intemperance, they exposed them before their children, and thus shewed them its deformity. And, by that, they infused into them an early shame and abhorrence of vice, and a great love of virtue. Formerly, the Indian law obliged every town to work together in one body, in sowing or planting their crops; though their fields are divided by proper marks, and their harvest is gathered separately. The Cheerake and Muskohge still observe that old custom, which is very necessary for such idle people, in their element. The delinquent is assessed more or less, according to his neglect, by proper officers appointed to collect those assessments, which they strictly fulfil, without the least interruption, or exemption of any able person. They are likewise bound to assist in raising public edifices. They have not the least trace of any other old compulsive law among them; and they did not stand in need of any other in their state. As they were neither able nor desirous to obtain any thing more than a bare support of life, they could not credit their neighbours beyond a morsel of food, and that they liberally gave, whenever they called. Most of them observe that hospitable custom to this day. Their throwing away all their old provisions, as impure food, whenever the new harvest was sanctified, helped greatly to promote a spirit of hospitality. Their wants, and daily exercise in search of needful things, kept them honest. Their ignorance of the gay part of life, helped in a great measure to preserve their virtue. In their former state of simplicity, the plain law of nature was enough; but, as they are degenerating very fast from their ancient simplicity, they, without doubt, must have new laws to terrify them from committing new crimes, according to the usage of other nations, who multiply their laws, in proportion to the exigencies of time