Chapter IVd

Before the coming of the white man, there was in fact little temptation or opportunity to despoil the enemy; but in modern times the practice of “stealing horses” from hostile tribes has become common, and is thought far from dishonorable. Warfare we regarded as an institution of the “Great Mystery”—an organized tournament or trial of courage and skill, with elaborate rules and “counts” for the coveted honor of the eagle feather. It was held to develop the quality of manliness and its motive was chivalric or patriotic, but never the desire for territorial aggrandizement or the overthrow of a brother nation. It was common, in early times, for a battle or skirmish to last all day, with great display of daring and horsemanship, but with scarcely more killed and wounded than may be carried from the field during a university game of football. The slayer of a man in battle was expected to mourn for thirty days blackening his face and loosening his hair according to the custom. He of course considered it no sin to take the life of an enemy, and this ceremonial mourning was a sign of reverence for the departed spirit. The killing in war of non-combatants, such as women and children, is partly explained by the fact that in savage life the woman without husband or protector is in pitiable case, and it was supposed that the spirit of the warrior would be better content if no widow and orphans were left to suffer want, as well as to weep. A scalp might originally be taken by the leader of the war party only and at that period no other mutilation was practiced. It was a small lock not more than three inches square, which was carried only during the thirty days’ celebration of a victory, and afterward given religious burial. Wanton cruelties and the more barbarous customs of war were greatly intensified with the coming of the white man, who brought with him fiery liquor and deadly weapons, aroused the Indian’s worst passions, provoking in him revenge and cupidity, and even offered bounties for the scalps of innocent men, women, and children. Murder within the tribe was a grave offense, to be atoned for as the council might decree, and it often happened that the slayer was called upon to pay the penalty with his own life. He made no attempt to escape or to evade justice. That the crime was committed in the depths of the forest or at dead of night, witnessed by no human eye, made no difference to his mind. He was thoroughly convinced that all is known to the “Great Mystery,” and hence did not hesitate to give himself up, to stand his trial by the old and wise men of the victim’s clan. His own family and clan might by no means attempt to excuse or to defend him, but his judges took all the known circumstances into consideration, and if it appeared that he slew in self-defense, or that the provocation was severe, he might be set free after a thirty days’ period of mourning in solitude. Otherwise the murdered man’s next of kin were authorized to take his life; and if they refrained from doing so, as often happened, he remained an outcast from the clan. A willful murder was a rare occurrence before the days of whiskey and drunken rows, for we were not a violent or a quarrelsome people. It is well remembered that Crow Dog, who killed the Sioux chief, Spotted Tail, in 1881, calmly surrendered himself and was tried and convicted by the courts in South Dakota. After his conviction, he was permitted remarkable liberty in prison, such as perhaps no white man has ever enjoyed when under sentence of death. The cause of his act was a solemn commission received from his people, nearly thirty years earlier, at the time that Spotted Tail usurped the chieftainship by the aid of the military, whom he had aided.