Page:Archæologia Americana—volume 2, 1836.djvu/147

] the most powerful that of the Wase-ishta ("male deer"). The Puncas are likewise divided into similar bands. Dr. Say does not mention how those several bands or clans are perpetuated; but in another place he says, that "even a very remote degree of consanguinity is an insuperable barrier to the marriage union."

I am indebted for the first information respecting the object of that institution among the southern tribes, to the manuscript notes of Mr. Mitchell, formerly agent amongst the Creeks, communicated to me by Mr. Forsyth; and it has been since fully confirmed by intelligent natives of the several nations. Since, however, the Cherokees and the Creeks have attempted to substitute, for their ancient customs, written laws on the model of ours, the institution is falling into disuse, though very recent instances have occurred of its being enforced.

According to the ancient custom, if an offence was committed by one on another member of the same clan, the compensation to be made on account of the injury was regulated in an amicable way by the other members of the clan. Murder was rarely expiated in any other way than by the death of the murderer; the nearest male relative of the deceased was the executioner; but, this being done as under the authority of the clan, there was no further retaliation. If the injury was committed by some one of another clan, it was not the injured party, but the clan to which he belonged that asked for reparation. This was rarely refused by the clan of the offender; but, in case of refusal, the injured clan had a right to do itself justice, either by killing the offender in case of murder, or inflicting some other punishment for lesser offences. This species of private war was by the Creeks called "to take up the sticks," because the punishment generally consisted in beating the offender. At the time of the annual corn-feast, the sticks were laid down, and could not again be taken up for the same offence. But it seems that originally there had been a superiority amongst some of the clans. That of the Wind had the right to take up the sticks four times, that of the Bear twice, for the same offence; whilst those of the Tiger, of the Wolf, of the Bird, of the Root, and of two more, whose names I do not know, could raise them but once.