remains a whole year with his father-in-law, to whom belongs by right the produce of his hunting, both skins and flesh. The year expired, his bondage is over, and he may, if he wishes it, retire with his wife to his own father’s, or construct a lodge for his own use. The hunter brings his game to his door, except when a heavy animal; there ends his task; the wife skins and cuts it, she dries the skin and cures the meat. Yet if the husband is a prime hunter, whose time is precious, the woman herself, or her female relations, go out and seek the game where it has been killed. When a man dies, his widow wears mourning during two or four years; the same case happens with the male widower, only his duties are not so strict as that of a woman; and it often happens that, after two years, he marries his sister-in-law, if there is any. The Indians think it a natural thing; they say that a woman will have more care of her sister’s children than of those of a stranger. Among the better classes of Indians, children are often affianced to each other, even at the age of a few months. These engagements are sacred, and never broken.
The Indians in general have very severe laws against murder, and they are pretty much alike among the tribes; they are divided into two distinct sections—murder committed in the nation and out of the nation.
When a man commits a murder upon his own people, he runs away from his tribe, or delivers himself to justice. In this latter case, the nearest relation of the victim kills him openly, in presence of all the warriors. In the first case, he is not pursued, but his nearest relation is answerable for the deed, and suffers the penalty, if by a given time he has not produced the assassin. The death is instantaneous, from the blow of a tomahawk. Often the chief will endeavour to make the parties smoke the pipe of peace; if he succeeds, all ends here; if not, a victim must be sacrificed. It is a stern law, which sometimes brings with its execution many great calamities. Vengeance has often become hereditary, from generation to generation; murders have succeeded murders, till me of the two families has deserted the tribe.
It is, no doubt, owing to such circumstances that great families, or communities of savages bearing the same type and speaking the same tongue, have been subdivided into so many distinct tribes. Thus it has been with the Shoshones, whose emigrant families have formed the Comanches, the Apaches, and the Arrapahoes. The Tonquewas have since sprung from the Comanches, the Lepans and the Texas from the Apaches, and the Navahoes from the Arrapahoes. The Texas are now extinct. Formerly there was a considerable tribe of Indians, by the name of Texas, who have all disappeared, from continual warfare. Among the Nadowessies or Dahcotahs, the subdivision has been still greater, the same original tribe having given birth to the Konsas, the Mandans, the Tetons, the Yangtongs, Sassitongs, Ollah-Gallahs, the Siones, the Wallah Wallahs, the Cayuses, the Black-feet, and lastly the Winnebagoes.
The Algonquin species, or family, produced twenty-one different tribes; the Micmacs, Etchemins, Abenakis, Sokokis, Pawtucket, Pokanokets, Narragansets, Pequods, Mohegans, Lenilenapes, Nanticokes, Powatans, Shawnees, Miamis, Illinois, Chippewas, Ottawas, Menomonies, Sacs, Foxes, and the Kickapoos, which afterwards subdivided again into more than a hundred nations.
But, to return to the laws of murder:– It often happens that the nephew, or brother of the murderer, will offer his life in expiation. Very often these self-sacrifices are accepted, principally among the poorer families, but the devoted is not put to death, he only loses his relationship and connection with his former family; he becomes a kind of slave or bondsman for life in the lodges of the relations of the murdered.
Sometimes, too, the guilty man’s life is saved by a singular and very ancient law; it, however, happens but rarely. If the murdered leaves a widow with children, this widow may claim the criminal as her own, and he becomes her husband nominally, that is to say, he must hunt and provide for the subsistence of the family.
When the murderer belongs to a hostile tribe, war is immediately declared; if, on the contrary, he belongs to a friendly nation, the tribe will wait three or four months till the chiefs of that nation come to offer excuses and compensation. When they do this, they bring presents, which they leave at time door of the council lodge, one side of which is occupied by the relations of the victims, the other by the chiefs and warriors of the tribe, and the centre by the ambassadors. One of these opens the ceremony by pronouncing a speech of peace, while another offers the pipe to the relations. If they refuse it, and the great chief of the tribe entertains a particular regard for the other nation, he rises and offers himself to the relations the calumet of conciliation. If refused still, all the children and babes of the murdered one’s family are called into the lodge, and the pipe passed a third time in that part of the lodge. Then if a child even two or three months old touches it, the Indians consider the act as a decision of the great Master of Life, the pipe goes round, the presents are carried in, and put at the feet of the plaintiffs. When, on the contrary, the calumet passes untouched, the murderer’s life alone can satisfy the tribe.
When the chiefs of the tribe of the murderer leave their village to come and offer excuses, they bring with them the claimed victim, who is well armed. If he is held in high estimation, and has been a good warrior and a good man, the chiefs of his tribe are accompanied by a great number of their own warriors, who paint their faces before entering the council lodge; some in black with green spots, some all green (the pipe of peace is always painted green).
The relations of the murdered man stand on one side of the lodge, the warriors of the other tribe opposite to them. In the centre is the chief, who is attended by the bearer of the pipe of peace on one side of him, and the murderer on the other. The chief then makes a speech, and advances with the pipe-bearer and the murderer towards the relatives of the deceased; he entreats them, each man separately, to smoke the pipe which is offered by the pipe-bearer, and when refused, offered to the next of the relatives.
During this time the murderer, who is well armed, stands by the chief’s side, advancing slowly, with his arrow or his carbine pointed, ready to fire at any one of the relations who may attempt to take his life before the pipe has been refused by the whole of them. When such is the case, if the chiefs want peace, and do not care much for the murderer, they allow him to be killed without interference; if, on the contrary, they value him and will not permit his death, they raise the war-whoop, their warriors defend the murderer’s life, and the war between the two tribes may be said to have commenced.
Most usually, however, the pipe of peace is accepted, in preference to proceeding to such extremities.
I will now mention the arms and accoutrement of the Shoshone warriors, observing, at the same time, that my remarks refer equally to the Apaches, the Arrapahoes, and the Comanches, except that the great skill of the Shoshones turns the balance in their favour. A Shoshone is always on horseback, firmly sitting upon a small and light saddle of his own manufacture, without any stirrups, which indeed they prefer not to have, the only Indians using them being chiefs and celebrated warriors, who have them as a mark of distinction, the more so that a saddle and stirrups are generally trophies obtained in battle from a conquered enemy.
They have too good a taste to ornament their horses as the Mexicans the Crows, or the Eastern Indians do; they think that the natural grace and beauty of the animal are such that any thing gaudy would break its harmony; the only mark of distinction they put upon their steeds (and the chiefs only can do so) is a rich feather or two, or three quills of the eagle, fixed to the rosette of the bridle, below the left ear; and as a Shoshone treats his horse as a friend, always petting him, cleaning him, never forcing or abusing him, the animal is always in excellent condition, and his proud eyes and majestic bearing present to the beholder the beau idéal of the graceful and the beautiful. The elegant dress and graceful form of the Shoshone cavalier, harmonises admirably with the wild and haughty appearance of the animal.
The Shoshone allows his well-combed locks to undulate with the wind, only pressed to his head by a small metal coronet, to which he fixes feathers or quills, similar to those put to his horse’s rosette. This coronet is made either of gold or silver, and those who cannot afford to use these metals make it with swan-down or deer-skin, well prepared and elegantly embroidered with porcupine-quills; his arms are bare and his wrists encircled with bracelets of the same material as the coronet; his body, from the neck to the waist, is covered with a small, soft, deerskin shirt, fitting him closely without a single wrinkle; from the waist to the knee he wears a many-folded toga of black, brown, red, or white woollen or silk stuff, which he procures at Monterey or St. Francisco,