Page:The History of the American Indians.djvu/161

 *Tbe fimilarity of their punishments. 1-49

gia, to go againft the Cheerake, and revenge Englim crying blood : but the main body of the nation fent a running embaffy to the merchants there, requefting them immediately to forbear their unfriendly proceedings, other- wife, they mould be. forced by difagreeable neceffity to revenge their rela^ tions blood if it fhould chance to be fpik contrary to their ancient laws*: this alludes to the levitical law, by which he who decoyed another to his end, was deemed the occafion of his death, and confequently anfwerable for it. If an unruly horfe belonging to a white man, mould chance to be tied at a trading houfe and kill one of the Indians, either the owner of the houfe, or the perfon who tied the beaft there,, is refponfible for it, by their lex talionis ; which feems to be derived alfo from the Mofaic precept, if. an ox known by its owner to pufh with its horn, mould kill a perfon, they were both to die the death. If the Indians have a diflike to a perfon, who by any cafualty was the death of one of their people, he (lands accountable, and will cmainly fuffer for it, unlels he takes fanctuary..

I knew an under trader, who being intruded by his employer with a cargo of goods for the country of the Mufkohge, was forced by the common law of good faith, to oppofe fome of thofe fav-ages in the remote woods, to prevent their robbing the camp: the chieftain being much intoxicated with fpirituous liquors, and becoming outrageous in proportion to the refiftance he met with, the trader like a brave man, oppofed lawlefs force by force : fome time after, the lawlefs bacchanal was attacked with a pleurify, of which he died. Then the heads o the family of the deceafed convened the leffer judi- catory, and condemned the trader to be mot to death for the fuppofed murder of their kinfman j which they eafily effected, as he was off his guard, and knew nothing of their murdering defign. His employer how ever had fuch a friendly intercourfe with them, as to gain timely notice of any thing that might affect his perfon or intereft j but he was fo far from afiifting the unfortunate brave man, as the laws of humanity and com mon honour obliged him, that as a confederate, he not only concealed their bloody intentions, but went bafely to the next town, while the: favages painted themfelves red and black, and give them an opportunity of perper trating the horrid murden The poor victim could have eafily efcaped to the Engliih fettlements if forewarned, and got the affair accommodated by the' mediation. of the gpvernment. In acts of blood, if the fuppofed mur derer..

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