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f 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 be again taken up for the same offence. But it seems that originally there had been a superiority among 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. It is obvious that the object of the unknown legislation, was to prevent or soften the effects of private revenge, by transferring the power and duty from the blood relatives to a more impartial body. The father and his brothers, by the same mother, never could belong to the same clan, as their son or nephew, whilst the perpetual changes, arising from intermarriages with women of a different clan, prevented their degenerating into distinct tribes; and checked the natural tendency towards a subdivision of the nation into independent communities. The institution may be considered as the foundation of the internal policy, and the basis of the social state of the Indians." [Footnote A: Stephen Ruddell's manuscript account of the Shawanoes, in possession of the author.] [Footnote B: John Johnston.] [Footnote C: Mitchell.] One mode of ascertaining the origin of the Indian tribes, and of determining their relation to each other, as well as to other races of mankind, is the study of their language. This has, at different times, engaged the attention of several able philologists, who have done much to analyze the Indian languages, and to arrange in systematic order, the numerous dialects of this erratic people. Th
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