When I asked the Chikkasah the reason of the inequality of their

marriage-law, in punishing the weaker passive party, and exempting the

stronger, contrary to reason and justice; they told me, it had been so a

considerable time—because their land being a continual seat of war, and

the lurking enemy for ever pelting them without, and the women decoying

them within, if they put such old cross laws of marriage in force, all

their beloved brisk warriors would soon be spoiled, and their

habitations turned to a wild waste. It is remarkable, that the ancient

Egyptians cut off the ears and nose of the adulteress; and the prophet

alludes to this sort of punishment, Ezek. xxiii. 25. “They shall deal

furiously with thee: they shall take away thy nose and thine ears.” And

they gave them also a thousand stripes, with canes on the

buttocks[XXXII]. The Cheerake are an exception to all civilized or

savage nations, in having no laws against adultery; they {145} have been

a considerable while under petticoat-government, and allow their women

full liberty to plant their brows with horns as oft as they please,

without fear of punishment. On this account their marriages are ill

observed, and of a short continuance; like the Amazons, they divorce

their fighting bed-fellows at their pleasure, and fail not to execute

their authority, when their fancy directs them to a more agreeable

choice. However, once in my time a number of warriors, belonging to the

family of the husband of the adulteress, revenged the injury committed

by her, in her own way; for they said, as she loved a great many men,

instead of a husband, justice told them to gratify her longing

desire—wherefore, by the information of their spies, they followed her

into the woods a little way from the town, (as decency required) and

then stretched her on the ground, with her hands tied to a stake, and

her feet also extended, where upwards of fifty of them lay with her,

having a blanket for a covering. The Choktah observe the same savage

custom with adulteresses. They term their female delinquents, _Ahowwe

Ishto_; the first is a Cheerake word, signifying, “a deer.”—And through

contempts of the Chikkasah, they altered their penal law of adultery.

Footnote XXXII:

When human laws were first made, they commanded that if the husband

found the adulterer in the fact, he should kill them both. Thus the

laws of Solon and Draco ordained: but the law of the twelve tables

softened it.

The Muskohge Indians, either through the view of mitigating their law

against adultery, that it might be adapted to their patriarchal-like

government; or by misunderstanding the Mosaic precept, from length of

time, and uncertainty of oral tradition, oblige the adulteress under the

penalty of the severest law not to be free with any man, (unless she is

inclined to favour her fellow sufferer) during the space of four moons,

after the broken moon in which they suffered for each other, according

to the custom of the Maldivians. But her husband exposes himself to the

utmost severity of the marriage law, if he is known to hold a familiar

intercourse with her after the time of her punishment.

ARGUMENT XIV.

Many other of the INDIAN PUNISHMENTS, resemble those of the Jews.

Whosoever attentively views the features of the Indian, and his eye, and

{146} reflects on his fickle, obstinate, and cruel disposition, will

naturally think on the Jews. English America, feelingly knows the parity

of the temper of their neighbouring Indians, with that of the Hebrew

nation.

The Israelites cut off the hands and feet of murderers, 2 Sam. iv.

12.—strangled false prophets—and sometimes burned, stoned, or beheaded

those malefactors who were condemned by the two courts of judgment. The

Indians either by the defect of tradition, or through a greedy desire of

revenge, torture their prisoners and devoted captives, with a mixture of

all those Jewish capital punishments. They keep the original so close in

their eye, as to pour cold water on the sufferers when they are

fainting, or overcome by the fiery torture—to refresh, and enable them

to undergo longer tortures. The Hebrews gave wine mixt with the juice of

myrrh, to their tortured criminals, to revive their spirits; and

sometimes vinegar to prevent too great an effusion of blood, lest they

should be disappointed in glutting their greedy eyes, with their

favourite tragedy of blood: which was eminently exemplified in their

insulting treatment of Christ on the cross.

The Indians, beyond all the rest of mankind, seem in this respect to be

actuated with the Jewish spirit. They jeer, taunt, laugh, whoop, and

rejoice at the inexpressible agonies of those unfortunate persons, who

are under their butchering hands; which would excite pity and horror in

any heart, but that of a Jew. When they are far from home, they keep as

near to their distinguishing customs, as circumstances allow them: not

being able formerly to cut off the heads of those they killed in war,

for want of proper weapons; nor able to carry them three or four hundred

miles without putrefaction, they cut off the skin of their heads with

their flint-stone knives, as speaking trophies of honour, and which

register them among the brave by procuring them war titles. Though now

they have plenty of proper weapons, they vary not from this ancient

barbarous custom of the American aborigines: which has been too well

known by many of our northern colonists, and is yet shamefully so to

South-Carolina and Georgia barriers, by the hateful name of scalping.

The Indians strictly adhere more than the rest of mankind to that

positive, unrepealed law of Moses, “He who sheddeth man’s blood, by

{147} man shall his blood be shed:” like the Israelites, their hearts

burn violently day and night without intermission, till they shed blood

for blood. They transmit from father to son, the memory of the loss of

their relation, or one of their own tribe or family, though it were an

old woman—if she was either killed by the enemy, or by any of their own

people. If indeed the murder be committed by a kinsman, the eldest can

redeem: however, if the circumstances attending the fact be peculiar and

shocking to nature, the murderer is condemned to die the death of a

sinner, “without any one to mourn for him,” as in the case of suicide;

contrary to their usage toward the rest of their dead, and which may

properly be called the death or burial of a Jewish ass.

When they have had success in killing the enemy, they tie fire-brands in

the most-frequented places, with grape vines which hang pretty low, in

order that they may be readily seen by the enemy. As they reckon the

aggressors have loudly declared war, it would be madness or treachery in

their opinion to use such public formalities before they have revenged

crying blood; it would inform the enemy of their design of retaliating,

and destroy the honest intention of war. They likewise strip the bark

off several large trees in conspicuous places, and paint them with red

and black hieroglyphics, thereby threatening the enemy with more blood

and death. The last were strong and similar emblems with the Hebrews,

and the first is analogous to one of their martial customs; for when

they arrived at the enemies territories, they threw a fire-brand within

their land, as an emblem of the anger of _Ash_, “the holy fire” for

their ill deeds to his peculiarly beloved people. To which custom

Obadiah alludes, when he says (ver. 18.) “they shall kindle in them and

devour them, there shall not be any remaining of the house of Esau, &c.”

which the Septuagint translates, “one who carries a fire-brand.” The

conduct of the Israelitish champion, Sampson, against the Philistines,

proceeded from the same war custom, when he took three-hundred

_Shugnalim_, (which is a bold strong metaphor) signifying _Vulpes_,

foxes or sheaves of corn; and tying them tail to tail, or one end to the

other in a continued train, he set fire to them, and by that means,

burned down their standing corn.

In the late Cheerake war, at the earnest persuasions of the trading

people, several of the Muskohge warriors came down to the

barrier-settlements of Georgia, {148} to go against the Cheerake, and

revenge English crying blood: but the main body of the nation sent a

running embassy to the merchants there, requesting them immediately to

forbear their unfriendly proceedings, otherwise, they should be forced

by disagreeable necessity to revenge their relations blood if it should

chance to be spilt contrary to their ancient laws: this alludes to the

levitical law, by which he who decoyed another to his end, was deemed

the occasion of his death, and consequently answerable for it. If an

unruly horse belonging to a white man, should chance to be tied at a

trading house and kill one of the Indians, either the owner of the

house, or the person who tied the beast there, is responsible for it, by

their lex talionis; which seems to be derived also from the Mosaic

precept,—if an ox known by its owner to push with its horn, should kill

a person, they were both to die the death. If the Indians have a dislike

to a person, who by any casualty was the death of one of their people,

he stands accountable, and will certainly suffer for it, unless he takes

sanctuary.

I knew an under trader, who being intrusted by his employer with a cargo

of goods for the country of the Muskohge, was forced by the common law

of good faith, to oppose some of those savages in the remote woods, to

prevent their robbing the camp: the chieftain being much intoxicated

with spirituous liquors, and becoming outrageous in proportion to the

resistance he met with, the trader like a brave man, opposed lawless

force by force: some time after, the lawless bacchanal was attacked with

a pleurisy, of which he died. Then the heads of the family of the

deceased convened the lesser judicatory, and condemned the trader to be

shot to death for the supposed murder of their kinsman; which they

easily effected, as he was off his guard, and knew nothing of their

murdering design. His employer however had such a friendly intercourse

with them, as to gain timely notice of any thing that might affect his

person or interest; but he was so far from assisting the unfortunate

brave man, as the laws of humanity and common honour obliged him, that

as a confederate, he not only concealed their bloody intentions, but

went basely to the next town, while the savages painted themselves red

and black, and give them an opportunity of perpetrating the horrid

murder. The poor victim could have easily escaped to the English

settlements if forewarned, and got the affair accommodated by the

mediation of the government. In acts of blood, if the supposed murderer

{149} escapes, his nearest kinsman either real or adopted, or if he has

none there, his friend stands according to their rigorous law,

answerable for the fact. But though the then governor of South Carolina

was sufficiently informed of this tragedy, and that it was done contrary

to the treaty of amity, and that there is no possibility of managing

them, but by their own notions of virtue, he was passive, and allowed

them with impunity to shed this innocent blood; which they ever since

have improved to our shame and sorrow. They have gradually become worse

every year; and corrupted other nations by their contagious copy, so as

to draw them into the like bloody scenes, with the same contempt, as if

they had killed so many helpless timorous dunghill fowls, as they

despitefully term us.

There never was any set of people, who pursued the Mosaic law of

_retaliation_ with such a fixt eagerness as these Americans.[57] They

are so determined in this point, that formerly a little boy shooting

birds in the high and thick corn-fields, unfortunately chanced slightly

to wound another with his childish arrow; the young vindictive fox, was

excited by custom to watch his ways with the utmost earnestness, till

the wound was returned in as equal manner as could be expected. Then,

“all was straight,” according to their phrase. Their hearts were at

rest, by having executed that strong law of nature, and they sported

together as before. This observation though small in itself, is great in

its combined circumstances, as it is contrary to the usage of the old

heathen world. They forgive all crimes at the annual atonement of sins,

except murder, which is always punished with death. The Indians

constantly upbraid us in their bacchanals, for inattention to this maxim

of theirs; they say, that all nations of people who are not utterly sunk

in cowardice, take revenge of blood before they can have rest, cost what

it will. The Indian Americans are more eager to revenge blood, than any

other people on the whole face of the earth. And when the heart of the

revenger of blood in Israel was hot within him, it was a terrible thing

for the casual _manslayer_ to meet him, Deut. xix. 6. “Lest the avenger

of blood pursue the slayer while his heart is hot, and overtake him,

because the way is long, and slay him; whereas he was not worthy of

death, inasmuch as he hated him not in time past.”

I have known the Indians to go a thousand miles, for the purpose of

revenge, in pathless woods; over hills and mountains; through large cane

{150} swamps, full of grape-vines and briars; over broad lakes, rapid

rivers, and deep creeks; and all the way endangered by poisonous snakes,

if not with the rambling and lurking enemy, while at the same time they

were exposed to the extremities of heat and cold, the vicissitude of the

seasons; to hunger and thirst, both by chance, and their religious

scanty method of living when at war, to fatigues, and other

difficulties. Such is their over-boiling, revengeful temper, that they

utterly contemn all those things as imaginary trifles, if they are so

happy as to get the scalp of the murderer, or enemy, to satisfy the

supposed craving ghosts of their deceased relations. Though they imagine

the report of guns will send off the ghosts of their kindred that died

at home, to their quiet place, yet they firmly believe, that the spirits

of those who are killed by the enemy, without equal revenge of blood,

find no rest, and at night haunt the houses of the tribe to which they

belonged[XXXIII]: but, when that kindred duty of retaliation is justly

executed, they immediately get ease and power to fly away: This opinion,

and their method of burying and mourning for the dead, of which we shall

speak presently, occasion them to retaliate in so earnest and fierce a

manner. It is natural for friends to study each others mutual happiness,

and we should pity the weakness of those who are destitute of our

advantages; whose intellectual powers are unimproved, and who are

utterly unacquainted with the sciences, as well as every kind of

mechanical business, to engage their attention at home. Such persons

cannot well live without war; and being destitute of public faith to

secure the lives of embassadors in time of war, they have no sure method

to reconcile their differences; consequently, when any casual thing

draws them into a war, it grows every year more spiteful till it

advances to a bitter enmity, so as to excite them to an implacable

hatred to one another’s very national names. Then they must go abroad to

spill the enemy’s blood, and to revenge crying blood. We must also

consider, it is by scalps they get all their war-titles, which

distinguish them among the brave: and these they hold in as high esteem,

as the most ambitious Roman general ever did a great triumph. By how

much the deeper any society of people are sunk in ignorance, so much the

more they value themselves on their bloody merit. This was {151} long

the characteristic of the Hebrew nation, and has been conveyed down to

these their supposed red descendants.

Footnote XXXIII:

As the Hebrews supposed there was a holiness in Canaan, more than in

any other land, so they believed that their bodies buried out of it,

would be carried through caverns, or subterraneous passages of the

earth to the holy land, where they shall rise again and dart up to

their holy attracting centre.

However, notwithstanding their bloody temper and conduct towards

enemies, when their law of blood does not interfere, they observe that

Mosaic precept, “He shall be dealt with according as he intended to do

to his neighbour, but the innocent and righteous man thou shalt not

slay.” I must observe also that as the Jewish priests were by no means

to shed human blood, and as king David was forbidden by the prophet to

build a temple because he was a man of war and had shed blood—so, the

Indian _Ishtohoollo_ “holy men” are by their function absolutely

forbidden to slay; notwithstanding their propensity thereto, even for

small injuries. They will not allow the greatest warrior to officiate,

when the yearly grand sacrifice of expiation is offered up, or on any

other religious occasion, except the leader. All must be performed by

their beloved men, who are clean of every stain of blood, and have their

foreheads circled with streaks of white clay.

As this branch of the general subject cannot be illustrated, but by

well-known facts, I shall exemplify it with the late and long-continued

conduct of the northern Indians, and those of Cape Florida, whom our

navigators have reported to be cannibals. The Muskohge, who have been

bitter enemies to the Cape Florida Indians, time immemorial, affirm

their manners, tempers and appetites, to be the very same as those of

the neighboring Indian nations. And the Florida captives who were sold

in Carolina, have told me, that the Spaniards of St. Augustine and St.

Mark’s garrisons, not only hired and paid them for murdering our seamen,

who were so unfortunate as to be shipwrecked on their dangerous coast,

but that they delivered up to the savages those of our people they did

not like, to be put to the fiery torture. From their bigotted

persecuting spirit, we may conclude the victims to have been those who

would not worship their images and crucifixes. The Spaniards no doubt

could easily influence this decayed small tribe to such a practice, as

they depended upon them for the necessaries of life: and though they

could never settle out of their garrisons in West-Florida, on account of

the jealous temper of the neighboring unconquered Indians, yet the

Cape-Floridans were only Spanish mercenaries, shedding blood for their

maintenance. A seduced Indian {152} is certainly less faulty than the

apostate Christian who instigated him; when an Indian sheds human blood,

it does not proceed from wantonness, or the view of doing evil, but

solely to put the law of retaliation in force, to return one injury for

another; but, if he has received no ill, and has no suspicion of the

kind, he usually offers no damage to those who fall in his power, but is

moved with compassion, in proportion to what they seem to have

undergone. Such as they devote to the fire, they flatter with the hope

of being redeemed, as long as they can, to prevent the giving them any

previous anxiety or grief, which their law of blood does not require.

The French Canadians are highly censurable, and their bloody popish

clergy, for debauching our peaceable northern Indians, with their

_infernal catechism_,—the first introduction into their religious

mysteries. Formerly, when they initiated the Indian sucklings into their

mixt idolatrous worship, they fastened round their necks, a bunch of

their favourite red and black beads, with a silver cross hanging down on

their breasts, thus engaging them, as they taught, to fight the battles

of God. Then they infected the credulous Indians with a firm belief,

that God once sent his own beloved son to fix the red people in high

places of power, over the rest of mankind; that he passed through

various countries, to the universal joy of the inhabitants, in order to

come to the beloved red people, and place them in a superior station of

life to the rest of the American world; but when he was on the point of

sailing to America, to execute his divine embassy, he was murdered by

the bloody monopolizing English, at the city of London, only to make the

red people weigh light. Having thus instructed, and given them the

catechism by way of question and answer, and furnished them with 2000

gross of scalping knives and other murdering articles, the catechumens

soon sallied forth, and painted themselves all over with the innocent

blood of our fellow-subjects, of different stations, and ages, and

without any distinction of sex,—contrary to the standing Indian laws of

blood.

The British lion at last however triumphed, and forced the French

themselves to sue for that friendly intercourse and protection, which

their former catechism taught the Indians to hate, and fly from, as

dangerous to their universal happiness. {153}

When I have reasoned with some of the old headmen, against their

barbarous custom of killing defenceless innocent persons, who neither

could nor would oppose them in battle, but begged that they might only

live to be their slaves, they told me that formerly they never waged

war, but in revenge of blood; and that in such cases, they always

devoted the guilty to be burnt alive when they were purifying themselves

at home, to obtain victory over their enemies. But otherwise they

treated the vanquished with the greatest clemency, and adopted them in

the room of their relations, who had either died a natural death, or had

before been sufficiently revenged, though killed by the enemy.

The Israelites thus often devoted their captives to death, without any

distinction of age or sex,—as when they took Jericho, they saved only

merciful Rahab and her family;—after they had plundered the Midianites

of their riches, they put men women and children to death, dividing

among themselves a few virgins and the plunder;—with other instances

that might be quoted. The Indian Americans, beyond all the present race

of Adam, are actuated by this bloody war-custom of the Israelites; they

put their captives to various lingering torments, with the same

unconcern as the Levite, when he cut up his beloved concubine into

eleven portions, and sent them to the eleven tribes, to excite them to

revenge the affront, the Benjamites had given him. When equal blood has

not been shed to quench the crying blood of their relations, and give

rest to their ghosts, according to their credenda, while they are

sanctifying themselves for war, they always allot their captives either

to be killed or put to the fiery torture: and they who are thus devoted,

cannot by any means be saved, though they resembled an angel in beauty

and virtue.

Formerly, the Indians defeated a great body of the French, who at two

different times came to invade their country. They put to the fiery

torture a considerable number of them; and two in particular, whom they

imagined to have carried the French ark against them. The English

traders solicited with the most earnest entreaties, in favour of the

unfortunate captives; but they averred, that as it was not our business

to intercede in behalf of a deceitful enemy who came to shed blood,

unless we were resolved to share their deserved fate, so was it entirely

out of the reach of goods, though piled as high as the skies, to redeem

them,— {154} because they were not only the chief support of the French

army, in spoiling so many of their warriors by the power of their ugly

ark, before they conquered them; but were delivered over to the fire,

before they entered into battle.

When I was on my way to the Chikkasah, at the Okchai, in the year 1745,

the conduct of the Muskohge Indians was exactly the same with regard to

a Cheerake stripling, whose father was a white man, and mother an

half-breed,—regardless of the pressing entreaties and very high offers

of the English traders, they burned him in their usual manner. This

seems to be copied from that law which expressly forbad the redeeming

any devoted persons, and ordered that they should be surely put to

death, Lev. xxvii. 29. This precept had evidently a reference to the law

of retaliation.—Saul in superstitious and angry mood, wanted to have

murdered or sacrificed to God his favourite son Jonathan, because when

he was fainting he tasted some honey which casually fell in his way,

just after he had performed a prodigy of martial feats in behalf of

Israel: but the gratitude, and reason of the people, prevented him from

perpetrating that horrid murder. If devoting to death was a divine

extraction, or if God delighted in human sacrifices, the people would

have been criminal for daring to oppose the divine law,—which was not

the case. Such a law if taken in an extensive and literal sense, is

contrary to all natural reason and religion, and consequently in a

strict sense, could not be enjoined by a benevolent and merciful God;

who commands us to do justice and shew mercy to the very beasts; not to

muzzle the ox while he is treading out the grain; nor to insnare the

bird when performing her parental offices. “Are ye not of more value

than many sparrows?”

Adair's History of the American Indians · 第 18 / 54 段