“Laws of the Creek Nation”
Laws of the Creek Nation
Laws of the Muscogee Nation
Law 1st | Murder shall be punished with death the person who commits the act shall be the only one punish and only upon good proofs (1817)1 |
Law 2nd | If a man Kill another person and it can be provened to have done by accident he shall not be punished — |
Law 3th | If a negro Kill an Indian the negro shall be suffer death, and if an Indian Kill a negro he shall pay the owner the value. If person not able to pay the value shall suffer death — |
Law 4th | If a man horse Kills another person he shall be said nothing to the owner about it, and if two person ride one horse together and the horse flings them, and one is Killed and the [other] lives to get up shall be considered an accident. |
Law 5th | If a man take a weapon in hand and goes to Kill another person and the man he goes to Kill happens to Kill first, and the fact be so proven he shall be forgiven as he Killed the man to save his own life |
Law 6th | If a man should Killed another in a rum drinking and it can be proven to the satisfaction of the Chiefs that when he committed the act that he was out of senses, and that he and all his people were friendly to the person Killed previous to his death, then he shall not be punished but forgiven — |
Laws 7th | If a man fired his gun at Deer, Bird or any thing else, and he should be so unfortunate as to wound or Kill another person it shall be considered an accident and of course must not be punished |
Laws 8th | Stealing shall be punished as follows for the first offence the thief shall be whiped for the second offence shall be croped. for the third offence he shall be put to death = |
Law 9th | If a man stolen another he shall pay forty Dollars and in case he has no property to pay the fine he shall be punished the same as stealing the law for stealing Viz . . . first time whiped 2d Croped 3d put to death = |
Law 10th | If any person give faulse evidence by which another suffers punishment he shall receive the same punishment, which he inflicted upon the one against whom he stated the faulshood = |
Law 11th | When a [man] dies and has children [they] shall have the property [and] his other relations shall not take the property to the injury of His children — |
Law 12th | Should any of the friendly Indians owe a debt to Hostile, Indians owe a debt to friendly Indians may have been contracked (1817) before this time neither of them, shall to the other =2 |
Law 14th [sic] | Friendly Indians must pay all debt due to each other = |
Law 14th | Should two persons swap horse the bargain shall be considered good unless one of the party proves that he was drunk at the time he swaped, and in case he makes these fact Know in five days after the swap his horse shall be returned to him, but if he does not cl[aim] within five days the bargain shall be considered good, and cannot get his horse back = |
Law 15th | No person shall received for damages done to his Grope by an other the stock of an other person unless he has a lawfull fence around his field and in case he should have a lawfull fence, and the stock of another person should injured his property in that case he shall recover for all damages, but if he has not a lawfull fence, and he should kill the stock of another person for injuring his property he shall pay for all he Kill = |
Law 16th | Should any person set fire to the woods where he know, that there was Sows or Big [pig] or Calfs and any of them should be injured thereby he shall pay all damages to the owner, but if he can proove that he did not know, of such stock being there he shall not pay damages = |
Law 17th | If [a man] goes out a fire hunting and should kill property belonging to another person, and he can proove it was done accidently he shall not pay, if it can be prooven, that he did it intentionally he shall pay the owner =3 |
Law 18th | If a man has a dog and the dog should run away and Kill property belonging to another person the owner, shall not pay but if it can be prooven that the dog owner set the dog on in the case he shall pay = |
Law 19th | Should a White man take an Indian woman as a wife and have children by her and he goes out of the Nation he shall leave all his property with his children for their support =4 |
Law 20th | If any of our people have children and Negroes and either of the children should take a Negro for as a husband or wife — and should Said child have a property given to it by his or her parent the property shall be taken from them and divide among the rest of the children as it is a disgrace to our people Nation for our people to marry a Negro5 |
Law 21st | Slave shall not raise property of any kind. . If the master does not take it from them the law makers shall and they may do as they please with the property — |
Law 22nd | If any person man should think proper to Sett his Negroe free he shall be considered a freeman by the Nation — |
Law 23th | Prisoners taken in War shall not be Considered or traded as slave and it shall be the tudy [duty] of the law makers to make them as free of ourselfs6 |
Law 24th | If any Stud Horse or Bull Should Kill any man, Horse or Cows the master of the Stud Horse or Bull Shall not pay damages to the owner of the property Killed or injured — |
Law 25th | If any person not living in the Nation buy a Horse from an Indian without a permit from the agent Big Warrior or Little Prince and Should lose the said Horse we will not aid or assist him in finding the Horse, but if he has a permit from either of the above named persons we will help him to get his horse — |
Law 26th | There [are] four persons appointed to receive runaway Negroes and astray Horses, any persons carrying them to the above mention, shall be paid as follow Runaway Negroes fifteen Dollars, the owner must pay the Nation fifty Dollars Astray Horse two Dollars the owner must pay the Nation five Dollars7 |
Law 27th | If an Indian lose any part of his Clothing, and they Should be found by another and the finder does not tell of his having them he shall be punish= |
Law 28th | If any one or two Towns belonging to our Nation remove from the Nation to any other Country they shall have no claims upon this Country without the Consent of the Hole Nation (1819)8 |
Law 29th | If a man has a wife and he Should make use of or unfortunately lose his propperty of any discription and they Should part, the husband cannot call upon the woman for pay — |
Law 30th | If a man makes a field and in doing so he turns a road belonging to the Nation he Shall not be interrupted, and if any wishes to erect a mill he is at liberty to do so=9 |
No Master Shall be bound for any trade or bargain made by his slave | |
Law 32nd | No person belonging to the Creek Nation shall go into any of the United States Territories or Cherokee Nation and procure goods or any thing else upon a Credit, And should any citizens of the United States, Territories or Cherokee Nation sells goods on a Credit to any person residing in the Nation they do it upon their own responsibility, as the Chief and Warriors, will not indefare between the parties, when any Claims is brought before them |
Law 32nd [sic] | If the men who are or shall be appointed to put the laws in force shall neglect their tudy [sic] or abuse their power by doing injustice to any one under color of their authority they shall make satisfaction to the party injoured, and be broke, and any one Hinden them for doing, their tudy or offers to commit violence upon their persons the party offending him shall be punished at the discretion of the Chiefs of the town they may belong to10 |
Law 33th | And it be farther enacted if any person or persons Should tell such lies as should brought to disturpence of the Nation the punish shall be death |
Law 34th | And be it farther enacted if any slave should Kill a slave such punishment shall be death= |
And be it farther enacted if any person or persons should under take to force woman and did it by force, it shall be left to the woman what punishment she Should satisfied with to whip or pay what she say it be law= | |
Law 36th | And be it farther enacted if any person or persons borrow a horse and the horse Should die before Return to the owner, and if the owner of the owner horse Should mention before lone [loan] if the horse should Should die in his hand before return that he should pay full price and if never mention before lone it shall be his own loss |
Law 37th | And be it farther enacted if a woman should Kill a child and proof on her that she was gilty of it first whip second crop a third deaths11 |
Law 38 | And be it farther enacted if two persons Should steal and one Should tell on the other one should be whiped and the teller stand Clair= |
Law 39th | And be it farther enacted, if a man and wife should steal, while living together and after parted one Should tell on the other both Shall be punish as a thief. |
Law 40th | And be it farther enacted if any person or persons should die without leaving property behind or haden [had not any] the Creditator shall loss, if he had property when they died, and put it into some persons hand the creditator shall look unto him for Payment. |
Law 41st | And be it farther enacted if any person or persons should employed a White Man to work, after work done he shall go back into his own Country, shall not stay no longer than the work done= |
Law 42nd | If a White Man should be ordered out of the Nation and if he should stay longer than the time expired he shall pay one dollar for every day= |
Law 43th | If a person or persons should give bad talk to the against Warriors or chiefs, he shall be punish by the Section 8th |
Law 44th | The Citizens of the Nation shall pay Taxes for every year, or twelve months twenty five cts per head ten dollars stand stores and Ferriage. |
Law 45th | If any person or persons should blow for rain or poisen they shall not be interrupted12 |
Law 46th | Man and Wife if a husband Should die, it Shall be left to the kin people [of the man] who died how long she should be a widow for four two three or for [sic] years and before four year ends and if she should be widow for four years and before four years end, if she Should get to a man and proof on her She Shall be Whip and Cut the ears & Set her free.13 |
If a lawyer Should violate the law first and Second shall be tole and the third time shall be broke as a chief — | |
Law 48th | If a man may, have a wife and lived with her and his wife should sleep with another man and husband proof on her he Shall cut Whip his wife and the man Cut the ears off. And Set her free= |
Law 49th | No person shall permit a White into the Nation to live except the hole Nation agree to it= |
Law 50th | If any person or persons Should get Kill in playing ball Shall not be punish if person Should take Stick and Knock person and Kill it Shall be death — |
Law 51st | Person or persons Should take man wife way and be punish for it and Should die with it the punisher Shall be Kill as a murder= |
Law 52th | If one family Should Kill Brother or Sister the punishment Shall be death by Section 1st |
Law 53th | If person Should get drunk and want to fight it Shall be Rope untill he get Soper= |
Law 54th | And be farther enacted if person or persons Should violate the law of the Creek Nation shall be punished by the law of Section 8th And their Shall be one person appointed to command the lite horse, to punish the violator, and he who appoint it, to Command, he Shall See justice done. And and not take property, but be punish by law |
Law 55th | And be it farther enacted if person or persons of the Creek Nation Should take up White Man with family into his house under employ for or any business and if the chiefs Should Complain to the employer to have them order out of the Nation before done, if they Should Steal, the person who Keep them Shall pay the full value of the losses |
Law 56th | If a White man Should want to keep store or stand in the Nation he shall come before the National Chiefs and Warriors and is Willing to pay what Sum the National Chiefs and Warriors may ask and than he shall obtain license from the Agent of the Nation. |
Laws Ended this day 15th March 1824th A.D. |
It is understood that these are the laws at present in force in the Creek Nation & that none other are of any authority there.14
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1The first seven laws, as well as several others, modify the old custom by which a life was taken for a life regardless of the circumstances under which the victim lost his. Hawkins records an incident when one boy who accidentally shot another in a hunting accident would have been killed and buried in the same grave except for the intervention of a single old Chief. This principle was even carried so far that if a horse tied at a trading post should kill a man, the responsibility for the death was fixed on the owner of the house, the owner of the horse, or the man who tied the beast there. We see in “Law 4th” provisions for precisely this sort of situation. For a general discussion, see Swanton, John Reed, Social Organization and Social Usages of the Indians of the Creek Confederacy. (In U. S. Bureau of Ethnology, Forty-second Annual Report . . . 1924-25. Washington: Government Printing Office, 1928), pp. 338-44.
This first law refers specifically to the custom whereby, if the killer himself could not be apprehended, a clan member could be put to death in his stead, and the offended clan would be completely satisfied. For example, in 1802 the Indian murderer of a white man named Moreland escaped. The Indians produced in his place a kinsman, “a bad man,” who had helped him escape, and who, they said, could be executed on the spot if it pleased Hawkins. However, apprehensive of Hawkins’ strong feelings on guilt and innocence, they had an alternative suggestion: that they turn the man over to Hawkins to be kept closely confined. In the meanwhile, “if Colonel Hawkins will permit them to report that he is executed, . . . the murderer will return and they will put him to death.” Hawkins would have none of this. Hawkins, Benjamin, Letters of Benjamin Hawkins, 1196-1806. (Collections of the Georgia Historical Society, v. 9.) Savannah: Georgia Historical Society, 1916, p. 424.
2”Friendly” and “hostile” Indians in this sense refer to the sides taken in the recent Creek War, which was essentially an extension of the War of 1812. The Hostiles were still very much on probation.
3Fire hunting is the practice of hunting at night by lantern or torch. Deer seem to be fascinated by the light, are easily approached, and their shiny eyes make a perfect target. Needless to say, in the darkness, horses and cows were not infrequent victims.
4The trader and the Indian countryman often abandoned their Indian families and returned to the settlements. McIntosh’s own father, William McIntosh of Mallow, did so. He left his two Indian wives and children and eventually returned to the Georgia coast. There he married his cousin, Barbara, produced a family, and finally died respectably.
5This law and several others reflect the problem created by the presence of Negroes in the Creek Nation. They fell into three groups: slaves, freedmen, and runaways.
6Most of the worst of the early friction between the Creeks and Carolinians resulted from raiding for Indian slaves and the resulting trade. It was one of the main causes of the Yemassee War of 1715. It is interesting to note that even at this late date a specific stipulation had to be made against it.
7Control of horse stealing and runaway Negroes was one of the major vexations of the Agent. When Hawkins first took the Agency he found a thriving traffic in stolen horses across the Nation, the chief market being in Florida.
8This law, which McIntosh well knew, is precisely the one he was trying to evade in making a separate treaty with the Georgians.
9This law would seem to reflect a somewhat more definite individual apportionment of agricultural land among the Creeks than has been assumed in the past. Since all land was National property, one assumes that this law provided for the individual who plowed beyond his personal allotment. As for the provision regarding the right of an individual to erect a mill, control of streams seems to have been vested in the local town, and bridges and ferries belonged to the individual town and were maintained by it (See Crowell to Gaines, 3 Oct. 1825., H. R. #98, p. 574). One supposes that this section of the law provided that some leeway be given to the individual Indian in the control of streams.
10These enforcement officers, variously called “‘lawyers,” “lawmenders” or the “light horse,” were a post-Hawkins institution. A law violated was regarded as physically broken and the “law-makers” remade the law by punishing the offender. They were given the rank of lesser chiefs, and it was from this essentially new social group that McIntosh recruited most of his signers to the treaty of February, 1825. (See also “Law 47th” and “54th.”)
11Infanticide was a maternal privilege and was apparently quite common. See Swan and Milfort as quoted in Swanton, op. cit., p. 345.
12This law refers to the ceremony of the Creek medicine man to make rain or blow it away. He would stick the handle of an ax in the ground with the blade pointing to the cloud, sing his song or chant four times, and blow toward the cloud. His blowing was supposed to cause the cloud to separate and pass over. To make rain he would find a spring of water and chant his song for rain. The word poisen is probably an English version of the Creek word pof’ketv, to blow. (Information furnished by Miss Theda Wammack, Curator, The Creek Memorial Association, Okmulgee, Oklahoma.)
13E. A. Hitchcock wrote, “An attempt was made in 1840 to abolish a custom giving to the relations of a husband on his death the power of keeping a widow secluded and forbidding her second marriage for a period of tour years. They attempted to restrict the period to 12 months, but the people would not listen to it and the council yielded to the public voice and repealed the law in 1841.” Hitchcock, Ms. notes. Quoted in Swanton, op. cit., p. 334.
14These final lines are in the handwriting of Governor George M. Troup.
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